Loading...
HomeMy WebLinkAboutC2010-460 - 11/16/2010 - Approvedi i '~ Z-' i ! ~ _ ~ i 1. CONTINUUM OF CARE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SALVATION ARMY aceaRCiticat~~o~~rioN THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: 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 Salvation Army ("Subrecipient"}, a nonprofit corporation organized under the laws of the State of Georgia. WHEREAS, there being a genuine need for supportive housing services for persons vuho are homeless and for appropriate facilities in which to provide the services in the City of Corpus Christi; WHEREAS, providing supportive housing services to persons who are homeless promotes the public welfare, health, and safety; WHEREAS, the City is desirous of providing appropriate supportive housing services to persons who are homeless; WHEREAS, appropriate supportive housing services include decent, safe, and sanitary shelter and other services essential for achieving independent living; WHEREAS, the Subrecipient is able and desirous of providing the appropriate supportive housing services to persons who are homeless and in need of assistance in order to improve the quality of their lives; and WHEREAS, the City has allocated Continuum of Care Grant ("COC") funds in the amount of $181,142 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 #his 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 Eighty-one Thousand One Hundred Forty-two Dollars ($181,142) of COC funds on a reimbursement basis, based on the stated services to be provided pursuant to the approved Application for Federal Assistance, PIN number TX55039 (grant #TX0026B6- J010802), acopy of which is incorporated by reference and is attached to this AnrPpment ~s Exhihit A. zaio-46a Res. 028846 11/16/10 Salvation Army -Families Project ~~~~~V 1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this Agreemen# and as follows: (A} Not more than $127,452 will be reimbursed to the Subrecipient far payment of operating costs related to supplying supportive housing services for the homeless. (B) Nat more than $45,065 will be reimbursed to the Subrecipient for the provision of essential supportive housing services to the homeless. {C} Not more than one half of $8,625 will be reimbursed to the Subrecipient for the provision of administrative costs related to supplying supportive housing services for the homeless, with the City retaining the remainder for Ci#y-rela#ed contract administration costs. SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to: 2.1 Matching Funds. Contribute and provide the following amount of cash as the required COC grant funding match as shown in Exhibit A: (A) Not less than $31,863 must be spent by the Subrecipient to provide for the. operating costs related to supplying supportive housing services to the homeless. (B) Not less than $9,013 must be spent by the Subrecipient to provide essential supportive housing services to the homeless. {C) Not Tess than $0.00 must be spent by the Subrecipient to provide for HMIS costs related to supplying supportive housing services to the homeless. 2.2 Staff and Administrative- Support. Provide sufficient staff and administrative sup- port to carry out the stated services, supervise the delivery of supportive housing ser- vices to homeless persons, and provide supervision and oversight, by the Subreci- ~ent's Board ¢~ ~i~e~tafg, of professional services provided by the Subrecipient. Advis~ry 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 nat 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 ar services. 2.5 Financial Records. Record financial transactions according to accrual accounting procedures or develop such accrual information through analysis of the documentation on hand and provide an independent audit for such expenditures upon request by the City Manager or the Administrator of the City's Community Development Department ("CDD"). Continuum of Care Agmt - Sai~ation Army Families Page 2 of 12 J '7 i F. ~ 1 i i 's ~ n 1 i A 2.6 Access to Records. Provide access to all records, documents, reports, or audits regarding the services funded under this Agreement, during regular business hours, for purposes of the United States Department of Housing and Urban Development ("HUD"), the City, or CDD, in order to conduct audits or monitoring. 2.7 Information and Reports. Provide any information pertinent to this Agreement as the City Manager, the Administrator of CDD, or HUD may from time to time request. Subrecipient shall adhere and comply with the reporting requirements mandated for the Homeless Management Information System {HMIs} administered by the City as a condition of receiving funds under this Agreement. 2.$ Notifica#ion 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 Subrecipien# shall reimburse the City for all City-provided COC funds expended by the Subrecipient on services no# 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 on September 1, 2010, for a term in accor- dance with the grant period, provided the City's City Council has approved its execution, and terminates on August 31, 2011. 3.2 Termination. Either party may terminate this Agreement as of the last day of any month upon thirty (30} days prior written notice to the other party. 3.3 Notices. {A) All notices, demands, requests, or replies provided 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- pany or overnight express carrier. Notice by fax transmission will be deemed effec- tive upon transmission, with proof of confirmed delivery. Continuum of Care Agmt _ Salvation Army Families Page 3 of 12 q , L s S {C) All such cammunicatians 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) 880-3045 Office (361) 844-1740 Fax If to the Subrecipient: The Salvation Army Attn: Executive Director 521 Josephine Street Corpus Christi, TX 78401 (361) 8$4-9497 Office (361) 884-7522 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 certifcate evidencing the Subrecipient's provision of insurance must be provided to the City's Risk Manager ("Risk Manager") and the Administrator of CDD at least ten {10) days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain any of the types and limits of the insurance required by Exhibit A is cause for the City Manager or the Administrator of CDD to terminate this Agreement and. cancel any and all reimbursements of COC funds to the Subrecipient. 4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through- out the term of this Agreement and during the period which the facilities or building must be maintained as a shelter for the homeless in accordance with Section 5.2 of this Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the City to terminate this Agreement and cancel any and all reimbursements of COC funds to Subrecipient. 4.3 Notice to City. Subrecipient shall require its insurance companies, written policies, and certificates of insurance to provide that the City must be given thirty {30} days ad- vance notice by the insurer prior to cancellation, nonrenewal, or material change of the insurance policies required by Exhibit B. 4.4 Right to Re-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 #ypes and limits of such insurance upon thirty (30} days written notice to Subrecip- ient. Insurance types and limits may not be adjusted more frequently than once a year. 4.5 INDEMNIFICATION. (A) Subrecipienf covenanfs and agrees fhaf it will indemnify and hold City harmless of, from, and against all claims, demands, actions, Continuum of Care Agmt -Salvation Army Families Page 4 of 12 + 4 ~ 1 ~ ~ i r~~ ~ ~, e 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, wifhout 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 officers, employees, or agents ("Indemnitees"), 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 agenfs, servants, employees, contractors, pa#rons, guests, licensees, or invitees entering upon the facilities being used pursuant. to this Agreement and with or without the express or implied invitation or permission of the Subrecipient, or when any such injury or damage is the result, proximate or remote, wholly or in part, of the violation by In- demnitees, the Subrecipient or any of its agents, servants, em- ployees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or when any . .such injury or damage may in any other way arise from or out of the use or occupancy of the facilities by Indemnitees, the Subre- cipient orany ofits agents, servants, employees, contractors, patrons, guests, licensees, or invitees, including, but not limited to, the failure of the Subrecipient to maintain the Facilities. (B) These terms of indemnification are effective upon the date of exe- cution of this Agreement and whether such injury or damage may result from the contribufory 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 that, in case the City is made a party to any litigation against the Subrecipient or in any litigation commenced by any party other than the Subrecipient re- lating to this Agreement, the Subrecipient shall, upon receipt of reasonable notice regarding commencement of litigation and at ifs own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the City in al! actions 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. Continuum of Care Agmt - 5al~ation Array Families Page 5 of T2 ti ~ ~ . + i~ , s e '~ {D) The indemnificafion provisions of fhis section survive the termina- tion or expiration of this Agreement. 4.fi Suhrecipient Contracts; Independent Contractor Status. In no event is the City liable for any contracts made by the Suhrecipient with any person, partnership, firm, corporation, associa#ion, or governmental body. All of the services required by this Agreement must be performed by the Suhrecipient, or under its supervision. It is agreed by the parties to this Agreement that the Suhrecipient is an independent con- tractor providing the services on behalf of the City and that the Suhrecipient may not incur any debts or obligations on behalf of the City. SECTION 5. PROGRAM REQUIREMENTS 5.1 Matching Funds. (A) The Suhrecipient shall ma#ch 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 Suhrecipient 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 Suhrecipient steal! 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 Suhrecipient 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 Suhrecipient for use as an emergency shelter for the homeless must be maintained as a shelter for the homeless for not less than athree-year period from the date of execution of this Agreement. (B} Any building for which COC funds are used for the provision of essential supportive housing services to the homeless or payment of maintenance, operation, insurance, utility, or furnishing costs must be maintained as a shelter for the homeless for the period during which such assistance is provided under this Agreement. A substitute site or shelter may be used during this period so long as the same general population is served. For purposes of this subsection, the term "same general population" means either the same types of homeless persons originally served with COC funds (i.e., battered spouses, runaway children, families, or mentally ill individuals} or persons in the same geographic area. (C) Using COC funds for developing and implementing homeless prevention services does not trigger any period of use requirements. Continuum of Care Agrnt -Salvation Army Families Page 6 of 12 ~ °' , ~ i y 5.3 Building Standards. Any building for which COC funds are used to provide supportive housing services for the homeless must meet local government safety and sanitation standards. 5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals and families in obtaining access to appropriate supportive housing services, including permanent housing, counseling, supervision, and other services essential for achieving independent living. Additionally, the Subrecipient shall assist homeless individuals and families in obtaining access to other Federal, State, local, and private aid that may be necessary to such individuals and families. SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS, 6.'I Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with the following requirements: (A) The requirements of the Fair Housing Act, 42 United States Code ("U.S.C.") §3601-19, and implementing regulations at 24 CFR Part 100 et seq., as each may be amended; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652, and 3 CFR, 1980 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. §§20044-20004-4), 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 requiremen#s 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 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, Continuum of Care Agmt - Saivation Army Families Page 7 of 9 2 ,1 4 A ~ ! ~ 1 I, I e 1 F {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. fi.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. §§4851-4856), and the implementing regulations at 24 CFR Part 35, as each may be amended. (B} In addition, the Subrecipient shall also meet the following requirements relating to inspection and abatement of defective lead-based paint surfaces: (1) Treatment of defective paint surfaces must be performed before final inspec- tion and approval of any renovation, rehabilitation, or conversion activity under this Agreement; and (2} Appropriate action must be taken to protect shelter occupants from the hazards associated with lead-based paint abatement procedures. 6.4 Conflicts of Interest. In addition to the conflict of interest provisions in OMB Cir- culars A-102 and A-110, no person who is an employee, agent, consultant, officer, or elected or appointed official of the Subrecipient that receives COC funds and who exer- cises or has exercised any functions or responsibilities with respect to assisted activi- ties, or who is in a position to participate in adecision-making process, or who may gain inside information with regard to such activities may obtain a personal or financial inter- est or benefit from the activity or have an interest in any contract, subcontract, or agree- ment with 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 §5$3.330, 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. 8.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24 CFR Part 24, as amended, relating to the employment, engagement of services, Continuum of Care Agmt - 5al~ation Army Families Page 8 of 12 ~ 4 ~. . 1 . 1 1~ ~ R l , 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. G.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 S#andards Act, 40 U.S.C. §§329 and 333, as amended and as supplemented by United States Depart- ment of Labor regulations, 29 CFR Part 5, as amended. 6.10 Audit. The Subrecipient is subject to the audit requirements of OMB Circular A-133, as set forth in 24 CFR Part 583, as amended. 6.11 Relocation and Acquisition. Consistent with the other goals and objectives of this Agreement, the Subrecipient shall ensure that it has taken all reasonable steps to minimize any displacement of persons as a result of a project assisted with COC funds. SECTION 7. GENERAL PROVISIONS. 7.1 Validity. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, sub- division, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, phrase, word, and provision of this Agreement be given full force and effect for its pur- pose. 7.2 Jurisdiction and Venue. The laws of the State of Texas govern and are appli- cable to any dispute arising under this Agreement. Venue is in Corpus Christi, Nueces County, Texas, where this Agreement was entered into and must be performed. 7.3 Nonexclusive Services. Nothing in this Agreement may be construed as prohibi- ting the Subrecipient from entering into contracts with additional parties for the perfor- mance of services similar or identical to those enumerated in this Agreement, and nothing in this Agreement may be construed as prohibiting the Subrecipient from re- ceiving compensation from such additional contractual parties, provided that all other terms of this Agreement are fulfilled. Continuum of Care Agmt -Salvation Army Families Page 9 of 12 J 1 . ~ k i + ~ ~ ~ 7.4 Modifications. Modifications to this Agreement are not effective unless signed by a duly authorized representative of each of the parties to this Agreement. Modifications which do not change the essential scope and purpose of this Agreement may be ap- proved on behalf of the City by the City Manager. 7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations referenced in this Agreement have been provided to the Subrecipient as evidenced by the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as Exhibit C and is incorporated into this Agreement by reference. Any failure by the City to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules, or policies not stated in Exhibit C does not waive the Subrecipient's compliance there- with as required by law. 7.6 Disclosure of Interest. In compliance with Section 2-349 of the City's Code of Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit D, the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. 7.7 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- 5al~ation Army Families Page 10 of 12 ~ ~ i d i ~ ~ Executed in quadruplicate originals this ~ day of , ()~~-~G,~ ~ , 2010. ATTEST: D Armando Chapa City Secretary Approved as to form: ~' ~~ , 2010 ~ ~ y G, - t Eliza e h R. Hundle -' Assist nt City Attorney for the City Attorney ACKNOWLEDGMENT 3~CR~TAItY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES § This instrument was acknowledged before me on QC~~uir~-c._~ ~-~v , 2010, by 'Angel R. Escobar, City Manager of the City of Corpus Christi, a Texas municipal home- rule corporation, on behalf of the corporation. HOLLY HOt1GHFON MY COMMISSIONEXPIAES ~~;,~,` September 24, 2012 Notary Public, Late of cas CITY OF CORPUS CHRISTI ~~ 'Ang R. Escobar City Manager ~~ t~al~cl~ ...~..(.1.~ .~.~ Continuum of Care Agmt -Salvation Army Families Page 11 of 12 SUBRECIPIENT: THE SALVATION ARMY A GEORGIA CORPORATION ~' atu re . DOWN R. JONES Printed Name ~rt~s~r7~r~ Title ~~ -D~J-~~1~ Date MENT STATE OF GEORGIA COUNTY OF FULTON This instrument was of The Salvation Army, ~ ~~ ~ ~ KNOW ALL BY THESE PRESENTS: § ,~~~ ~wledged before me on --°~~~ ~ `~ , 2010, by ~.__ , in hislher capacity as the rgia non-profit corporation, on behalf of the corporation. {seal) ~ `,t111141F1~flr~~~~~r ~~ ~Xp14~ ~.~ pg a ,~~,.: ;. ., PURE;: ° ~~:;°~y ~r' ~~ ~~''~i,,~~ Jr0 N ~~~~ G Notary Public, fate of Georgi Continuum of Care Agmt -Salvation Army Families Page 12 of 12 11 1 SUBR~CIPII=NT: THE SALVATION ARMY AGEORGIACORPORATlO~f I _. I ~ .. - ~ j u OCT 1 2 2[l10 Siv atiart; ~ Date 30Hld I~. 3 UN~S Prirrte~ Name i~ i'l~~.ASl,1R_R Title _.,.,.....~..... Y: AGKNQWLEaGMENT STATE C~1= GEbRGIA ~ ~ KNQti1! ALL- ~Y THESE' PRESENTS. COUNTY O>= GVtIINNETr i j Tftis instrument was ack~tawledged' before mean ~ Z.,. ; X010, by R..JEONES , in hislher capacity as the TRI:115URER of 7'he Salvation Army, a Georgia ion-profit corporation, on be~alfi of fihe corporation. `,`~~~,~nrrrn ~;:~.~~~' •:, '- NQfiary Public, State of Geor a ~~.~ ~~p1~ES. t G'~ ' ~,. ''~.'~h!fV~~~ G,,\, Continuum of Care Agrnt - Satvation Rrrny Families Page 12 of 12 A~ag~licant: City of Corps Christi PrcjecR: TX-5fl1 - Ren -Project Bridge for Families TX-501 TX0026B6JD10802 Grant Number: TX0026B6J010802 Award Amount: $181,142 Recipient: City of Carpus Christi, 1201 Leopard Street, Corpus Christi, Texas 7$40'! Tax iD#: 74-6000574 Project Name: TX-501 - Rer~ -Project Bridge for Families Component Type: TH Official Contact Person: iNir. Eddie ®rtega, Director of Neighborhood Services Email Address: eddied@cctexas.com Phone: (361) 826-3234 Fax:. (361) 826-3011 2009 SUPPORTII/E HOUSING PRGGRAfi~ RENEWAL. GRANT AGREEiViEN~' This Grant Agreement is made by and bet~nveen the United States Department of Housing and Urban ®evelopment (HUD} and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. Consolidated Grant Agreement ~ Page 1 03/08/2010 . QpPlicae~t: City of Corpus Christi Pr®~ect: TX-501 - Ften -Project Bridge for Families TX-501 TX0026B6J010802 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento homeless Assistance Act 42 U.S.C. '! 1381 (hereafter the Act'). The term 'grant' or'gran# funds' means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codi#ied at 24 CFR 583, which is attached hereto and made a part hereof as Attachment i3, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published December 29, 2008 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http:Ilwww.had.govlofficesladmlgrantslnofa091cocsec.pdf. The term 'Application' means the original and renewal application submissions ®n the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required #o meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event ®f conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, 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 Attachment A. The Recipient must provide a 25 percent cash match for supportive services, The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Fl®meless Managerment information System (HMIs) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly HUD notifications to the Recipient shall be to the address of the Recipient as written above, anises HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval ®f HUD. Consolidated Grant Agreement Page 2 03/48/2010 1 E i i r ~ ~ ~ ~ s d~ld~iicarag: City of Corpus Christi ProjecR: TX-501 - Ren -Project Bridge for Families TX-501 TX0026B6J010802 For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this piroject through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilita#ion or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as genera! partner and shall ensure #hat the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and sta#utes. Further, the said limited partnership shall own the project site throughout tha# twenty-year period. if grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for 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 HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may tape one or more of the following actions: ~a) direct the Recipient to submit progress schedules for completing approved activities; or db) 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 the default is not corrected or is repeated; or rich direct the Recipient to establish and maintain a managerraent plan that assigns responsibilities for carrying ou# remedial actions; or ~d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Grant Agreement Page 3 03/08/2010 fi' ~ j . ' ~ ' , ' ~ t r ~ 4~piican4: City of Corpus Christi l~r®je~t: TX-509 - Ren -Project Bridge for Families TX-501 TX0026S6J010802 (ej reduce or recapture the grant; or (fp direct the Recipient to reimburse the program acc®unts for costs inappropriately charged to the program; or (g~ continr~e the grant with a substitute recipient of HU®°s choosing; ®r (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. IVo delay or omission by HU® in exercising any right or remedy available to it-under this Grant Agreement shall impair any such right ®r remedy or constitute a waiver or acquiescence 6n any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HU® that the supportive housing has been provided in accordance with the requirements of the Gran# Agreement. This Grant Agreement consti#utes the entire agreement between the parties hereto, and may be amended only in writing executed by HU®and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than '10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HU®. Consolidated Grant Agreement Page 4 D310812010 a ; b i ~ i ~ ~ Applicant: City of Corpus Christi Pro}ect: TX-501 - Ren -Project Bridge for Families TX-501 TXOD26B6J010802 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development / 44PR12090 Rachard I,. Lopez Arin# name of signatory Acting CPD Director Title RECIPIENT City of Carpus Christi Name of Organization , By: 4 ~ -- ~ ,3 :3 -~~ Autho ed ignature and Date Eddie Ortega Print name of Signatory Director of Neighborhood Services Title Consolidated Grant Agreement Page 5 03/08/2010 3 . . y I r I J 4 I f i x i Applicant:: City of Corpus Christi Project: TX-509 - Ren -Project i3ridge far Families TX-509 TX0026B6J090802 ~. °I°he recipient is City of Corpus Christi. 2. HUD's total fund obligation far this project is ~'1i31,1~42, which shall be allocated as followso Leasing $a supportive serrrices ~45,fl6~ ®perating costs $~2~,45~ I-IiViIS $® Administrati®n ~~,~2~ 3. Although this agreement vviil become effective only upon the execution hereof by both parties, upon execution, the term of this agreement sha11 run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this 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 Act and At#achment B, gncurred between the end of Recipient's final ®perating year under the ®riginal 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 Crant. Consolidated Grant Agreement Page B 0 310 812 0 9 0 ~ ; 563.5 Definitions. § 583.1 Subpart B-Assistance Provided 583.100 TS'pes :t,nr] uses of assistanoe. 583.10,5 Grants for ae[luisition and rehal>ili- tatinn. 583.110 Grants for new ronstrnCtion. 583.115 Grants for Ieasinl;. 683.120 Grants for sttiyportlve service casts. 583.12.5 Grants for operating costs. 5fl3.I30 Catxtrrxitment of grout amounts for 3ea.sing, su,ppart.ive services, [tnd aper- aring costs. 588.13ri ndtnznit;tx•ative ror;ts. 583.140 Techxxic;a] assistance. 5B3.14b IViatrhing requfroments. 583.150 Limitations on use ni' [~ssista.nce. :583.156 Consolidated ,}clan. Subpart C--Application and Gran# Award Process 5B3.20D A,pplfcation and grant award. 588.230 H.nviraaaraexatal review. 583.235 Renewal grants. Subpar# D-Program Requirements 583.900 CXeneral aperatio.n. :183.806 'Term of commitment; repaymsnt a! grants; prevention of undue IteneCits. 583.310 Di.spla[tsnaent, relocation, anti acqul- Sition. ;183.315 Resident rent. 583.320 Site enntro]. 583.325 Nondiscri[xtiraation anal equal nppar- tunity rsgnirsmsnts. 683.330 Applicakyilit;y of other Pedsral re- quirements. Subpart E---Administrat[on 583.~U0 (:rant agreement. 583.405 Program changes. 583.110 Obligation and 4eo41ig~ation of fonds. AuTHO'kx3.Tf': 92 U.S.C. 11385 and 3535(4). l3oUxtCxs: 58 ]! R 13871, 1VIac. 15, 1993, unless othera~[se noted, 5ufapart A--General OfC. of Asst. 5ecy„ Camm. Planning, Develop., HUD PART 583-SUPPORTIVE HOUSING PROGRAnn Subpart A--General SeS;. 583.1 Purpose and aoope. 5$8.1 Purpose and scope. f.a,} C`eneral. The Supportive Housing Program is authorized icy title iV of the Stewart B, 1Vlcl~inne~ Homeless As- sistance .Act (the lVtcl~ltln,ey Act) (92 T3.S.C. 11$131-11389). The Supportive dousing prag'ram is desiR•ned to pro- mote the developmeDt of supportive housing• and supportive services, in- cluding innovative appros,ches to e,ssist homeless persons in the transition from homelessness, and to px`omote the ~s1 a $ 583.5 provision of supportive housin(;• to homeless persons to enalale them to live as independently as possiblo. (b7 Cornponeazts. i+'unds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2} Permanent housing• that provides lox~•-term housing for homeless persons with disabilities; (3} Housing that is, or is part of, a particularly innovative project for., or alternative methods of, xneeting tlxe itnxnediate and. long•-term needs of homeless persons; or (4} St.Ipportive services 1'or homeless persons not provided in conjunction with, supportive h.ousin.g. [58 PR 13Q71, 14ia,r. Iii. 1~J93, a~ an~enrled at 61 Fly, bI175, Sept. 30, 13961 5$8.5 DeiiniLions. As used in this part: Applicaaat is defined in sectioxz 422(1) of the McKinney Act {42 U.S.C. 11382(1)). For purposes of this dei~ni- tion, governmental entities include those that have general governmental powers (such as a City or county), as well as those that have limited or spe- cial powers (such as public housing agencies). Consolidated plan, means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFIL part 91. Date n.f initial nccuprzncy means the date that the supportive housing• is ini- tially occupied by a homeless person €or whom HUIJ provides assistance under this part. If the assistance is for an existing homeless facility, the date of iaaiticcl nccupunc~ is the date that services are first provided to the resi- dents of supportive housing with fund- lllg under this part. !)cite of iaaitial service. prnvasinn means the date that supportive services are initially provided with funds under this Dart to homeless persons who dp not reside in supportive housing. This elefi- nitian applies only to projects funded tinder this pax•t that do not provide sup- portive housing. DisabilityP is defined in section 422(2) of the McKinney Act (42 U.S.C. 11882(2)). 2A CFFt Ch. V (4-]-~09 ~tlPtipn) Flnvaeless pr:rson means an individual or family that is described in section Id=3 of the McKinney Act (42 U.S.C. I1302). 1~Petropolitan city) is defined in section ld2(a)(4) of the Housing and Commu- nity Development Act of 1974 (42 U.S.C. 5302(a)(4)). In general, metropolitan cit- ies are those cities that are eligible far an entitlement ;rant under 24 CFR hart 57d, subpart T}. New consfrzcrtion means the building of. a structure where none existed or an addition to an existing structw:•e that increases the floor area by more than 1d0 percent. Operating cnsts is ciefinecl in section 422(5) oi' 'the Mc;Kirlney Act (42 U.S.G. 7.1382[5))• Outpatieatt health services is defined in section 422(6) of the McKinney Act (42 U.S.C. 1.1382(6)). Pertnanc:n,t housioag for h.nnaeless persons u:ith disabilities is defined in. section 424(c) of the McKinney Act (42 U.S.C. 11384(c)). Private nnraprglit arganizcrtinn is cie- fined in section 422(7) (A), (B), and (D) of the McKinney Ac;t (42 U.S.C. 1I382(7) (A), (B}, and (D)j. The organization must also have a functioning account,- ing• system that is operated in aeeord- ance with generally accepted account,- ing• principles, or designate a,n entity that will maintain a functioning ac- comiting system -for the org•aniza,tion in aorprda•nce with •enerally ac<;epted arcou.nting principles. Project is defined in sections 422c8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8),11384(d)). Ptecipierxt is defined in section 422(9) oi' the McKinney Act (42 U.S.C. 11382(9)). Relaabilitatinn means the ixnprove- ment or repaix of an existing structure or an addition to an existing structure that does not increase the floor area lay more than 100 percent. Rehabilitation does not include minor or routine re- pairs. State is defined in section 422Q1) of the McKinney Act f42 U.S.C. 11382(11)). Supportive housing is clefix~ed in sec- tion 424(a) of the McKinney Act (42 i.7.S.C. ll3$4(a)). Supportive services is defined in sec- tion 425 of the McKinney Act {42 U.S.C. 11385}. 252 Ofc. of Asst. Secy., Cornm. Pidnning, De+relo~., Hl1D :l'ran,sitianal hnz~sing is defined in sec- tion 924(b) of tlxe 1vleKinney Act (~2 U.S.C. 113$4(b}), See also §563.300(j). ?"ripe is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Urban count/ is defined in sectiarz 102{a){6) of the l••tousing' and Commu- nity lleveloprnent Act oi' 1971 (12 U.S.C. 5302(a}(6}}. In general, urban counties are .tYxose counties that are eli8•ihle for an entitlement grant under 24 CFR part 570, subpart D. [61 FR b117G, Sept. 30, 1996] SUt~~dit B-A5SI5tGl1Ce PrOVided §583.].00 Types and uses of assistance. fa) Grant assistance. Assistance in the foran of grants is available for acquisi- tion of structures, reh~,bilitatian of structures. acquisition a,nd reltabflita- tion o#' structures, new construction, leasing, operating costs for supportive housing, and supportive services, as ae- scrlbed in §§583.105 through 583.125. Ap- plicants may apply for more than one type of assistance. (b} Uses of grant assistrsn.ce. Grazxt as- si.staxxce txxay be used to: (1) establish new supportive hauling• facilities or new facilities to provide supportive services: (2j i;xpand existing facilities in order to increase the number of homeless pP.T'SanS Sex'Ved; (3) Bring existing facilities up to a level that meets State and local gov- ernmexxt health axxd safety standards; (~1) Px~avide additional supportive services far residents of supportive housing or for homeless persons not re- siding• in supportive housing; (5} Purchase HUD-owned single fain-. ily properties currently leased by the applicant for use as a homeless facility under 24 Ck'R part 291; and (fi) Continue funding supportive hous- ing where the recipient has received fundinn under this part for teasing, supportive services, or operating costs. (c,) Structures used for mTxlttiple pur- poses. Strnetures used to provide sup- portive housing• ar su;ppartive services may also be used for other purposes, except that assistance under this part will be available only in proportion to the use ai' the structure for supportive housing or supportive services. §S$3.11Q (d) Technz~ul assi,ytanaF. HUD xnay offer technical assistance, as described ixx § 583.14D. x:53 F'R x3871, Nlaa~. 15, 1993, as amended at 59 FR 38#101, Su3y 19, 19947 § 693.1fl6 Grants for acquisition and rehabilitation, (a} 1.TSe. HLTD will grant i'uxxds to re- cipients to: (1) l'ay a portion of the cast of the acquisition of real property selected by the recipients far use in the provision ai' supportive hauling or supportive services, including the repayment of any outstaxiding debt on a loan made to purchase property that has not beon used previously as sLtpl]ortive housing or for supportive services; (2} Pay a portion of the cost of rcha- bilitation a.f structures, including cast- effective exae~°gy nxeasux~es, selected by the recipients to provide supportive, hau.sing• or supportive services; ox• (3) Pay a portion of the cost of a.cqui- sitfon and rehabilitation of structures, as described in paragraphs (a}(1) and (2) of this section. (b) A~npunt. The maximum grant avatlable for acquisitiona, rehabilita- iion, or acCiuisitiazl and rehabilitation is the lower of: (2) The total cost of the acquisition, rehabilitation, or acquisition and reha- bilitation minus the applicant's con- tribution towaa°d the cost. (e.} Increased aanourats. In areas detex'- xnined by IiUD to have high acquisition and rehabilitation costs, grants of more than $200,OOD, but not snore than S~Q0,000, lnay be available. § 583.1].0 Grants for new construction. (a) ITse. HL1D will grant funds to re- cipients to pay a portion of the Cost of new construction, including cost-effec- tive energy measures and the cost of land associated with that construction, for use in the provision of supportive housing, if the grant funds are used for new constructlan, the applicant must demonstrate that the costs assaciat;ed with sxerv construction are substan- tially less than tine costs associated with rehabilitation ar that there is a lack of available appropz~iate units that could be rehabilitated at a cost less than new construction.. T'or purposes of 253 § 583.115 this cast comparison, casts associated witlx rehabilitation or new construc- tion may include the cost of real prop- erty acquisition.. (b) ~lrrcount. The maximum grant available for new construction is the lower of: {1) X900,000; or {2) The total cost of the new con- struction, including the cast of land as- sociated with that epnstruction, minus the applicant's contribution toward the cost of same. § 5$3;.115 Grants for leasing. (a} General. IIUD will provide grants to pay (as described ix~ §583.180 of this part) for the actual casts oi' Ieasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for np to five years. (b)(i) Leasiraq structures. Where grants are used to pay rent for all or part of structures, the rent paid must be rea- sonable in relation to rents Ueina eharg'ed itt the area for romparal}le space. In addition, the rent paid may opt exceed rents currently beixig rh~~.rged by the same owner for com- parable space. (:2) Leasi~tr~ i7tdilridual, snits. Where grants are used to pay rent for indi- vidual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being char~'ed by the saute pwner i'or cantparable unassisted units, and the portico of rents paid with grant funds may not exceed HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay tlxe non-recipient landlord for any damages to leased units by homeless participants. [56 FR 13871, Ntar. 15, 1993, as amended at 59 FR 36691. July 19, 1984) § 588.120 Grants far supportive cerv- ices costs. {a) General. IIUD will provide grants to pay (as described in §583.130 oY this part} for the actual Doers of supportive services for homeless persons for up to five ,years, All or part of the supportive 24 CFR Ch. V (4-1-09 Edition) services may be provided directly by the recipient or by arrangement with public or private service providers. (b} Surnpt~rtix~e serutres costs. Costs as- sociated with [~raviding Sllppox't1VP, services include salaries [raid to pro- viders of supportive services and any other costs directly associated with providing such services. Fora transi- tional hpnsing project, supportive serv- ices casts also include Lhe costs of serv- ices prpvided to former residents of transitional housing to assist their ad- justment to intlepenclent living. Such services Wray be provided for up to six months a,f'ter they leave the ta•ansi- tlanal housing facility. [56 NR 1867], Mar. 15, 1993, as amended at 59 F1i 36691, July t.~J, 1994] 5$3.125 Grants for operating coats. (a) General. HUD will provide grants to pay a portion (as iescribed in § 583.130) of the actual operating' costs of supportive housing for up tp five years. (b) Operat8~r.c~ costs. Operating costs are those asspciateil with 1~he ~iay-to- day opex•ation of the supportive hcus- ing. They also include the actual ex- penses that a recipient incux;s for con- duct9ng on-going assessments of tlxe supportive services needed by residents. and the availability of such services; relocation assistance under §583.310, in- cluding payments axed services; and in- surance. (c) Recipaent mcctch •regatiirement }br np- er'ating costs. Assistance for operating' costs will be available for up to 45 per- cent pf the total cost in each ,year of the grant term. The recipient must pay the percentage of the actual operating' posts noG funded by HUD. At Lhe end of each operating year, the recipient mast c[emanstrate that it has met its nxatch requirement of the costs for that ,year, [56 FR 13671, Mar. 15, 1993, as amended a•t G1 P'R 51175, Sept. 30, xg9G; G5 FR 30623, Alay 12, 2aGO:1 583.180 Commitment of ],rant aaununts fur leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing', sup- portive services, or operating costs, HUD will obligate amounts for a period not to exceed five operating years. The 254 ,! Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §583.150 total amount ob1lS~ated will be equal to an amount necessary far the specified years of operation, less the recipient's share of operating costs. (Approved by the Uffice of i1?alxagement and Rnd~et zulder UMB control number 2506-0112) [59 k'}L 341891, JtZly 19, 3.994;{ l; 5$5.136 Administrative costs. (a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance. (b) .4drninistrative cvst,s. AdminisY,ra- tive costs include the costs associated with accounting for the use of grant funds, prepaz•ing repasts for submission to FiUD, obtaining program audits, similar casts related to administering the grant after floe award, at~d staff sal- a.ries associated with these administra- tive casts. They do not include the casts of carrying nut eligible activities under §§ 563.106 through 583.1.25. [58 FR 13871, Mar. 15, 1993, as amcndecl aG 61 FR. 51175, Sept. 3(1, 19981 553.140 Technical assistance. (a) Genercxl. 1101] may set aside funds annually to pa°ovide technical assist- ance, either directly by HUD staff or indirectly througp third-party pro- viders, for a,ny supportive housing project. This technical assistance is for the pixx•pose of promoting• the develop- ment of supportive housing and sup- portive services as part of a continuum of care approach, including innovative fappraac;hes to assist homeless persons i.za tize t~°ansition Frnm homelessness, land promoting the provision of sup- portive pausing to liomeiess screens to eziablt; them to live a,s independently axe possibly.,. (b) Uses of teelxniral czssistcan.ce. FiUD may use these funds to provide tech- nical assistance to prospective appli- cants, applicants, ret;ipients, or other providers of supportive housing or serv- ices for homeless persons, for sup- portive housing proiects. The assist- ance may include, but is oat limited to, ~vrittexx inf'orma,tion such ~~,s papers, monographs, manuals, guides, and bro- chures; person-to-person exchanges; <and tr~linixig and related Hosts. (c) ~'electin•rx of providers. Froxn time to time, as 13UD determines the need, 1'-T'C7I7 may advertise and competitively select providers to delivery technical as- sistance. HUD may enter into oon- tracts, grants, or coopex•ative agree- rnenY,s, when necessary, to implement the tec;hxxical assistance. [59 FR 3B8J2, July 19, 19991 583.145 Matc}xing requirements. (a} Ge~r2era.l. ri`he recipient must match the funds provided by HUD for grants for aoquisition, rehabilitation, and xxe~v aonstrtxction rt~ith an equal amount oi' f'uncls from other sources. (iy} (lash resources, The matching• funds must be trash resources provided to the project by one or mere of the following: the recipient, the Federal government, State and local govern- ment5, and private reSnSxI'C43S, In aC;- nordance with 92 U.S.C. 11386. This statute provides that a recipient may use funds from any source, including any other Federal source {but excluci- ing the specific statutory subtitle from which Supportive Housing Program i'unds are provi.tied), as well as State, local, and private sources, provided that funds Pram the other source are not statutorily prohibitesi to be used as a. match. It is tlae responsibility of the recipient to ensure that any funds used to satisfy the matching requirements of this section are eligible under the laws governing the funds to he used as snatching funds for a grant awarded under this program. (e) 1~laiattena.race of c'ffnrt. State or local government funds used in the matching contribution are subject to the maintenance of efi'ort requirements described at § 568.150(a). [f>8 FR 13871, iV?ar. 15, 1998, as axnanded at 73 FR 7532fi, DBC. 11, 20061 683,160 I.imitatinns on use of assist- ance. (a) Niain:i.e~a¢a~ce of effort. No assist- ance provided under this part (or any State ar local government funds used to supplement this assistance} xnay be used to replace State or local funds previously used, or designated for use, to assist homeless persons, (b) F'c~ith- based ¢cti.vities. (1) Uxganiza- tions that are relig•iaus ar faith-based axe eligible, on the same basis as any other organization, to partielpate in 255 § 583.155 the Supportive Housing Prograxn. Nei- ther the Federal government nor a >3tate or local government receiving funds under Supportive Housing pro- ~~x'atns shall disex•iminate a~~ainst an or- ~anizatian on the basis of the organiza- tion's religious character or afiYliation. (2) f}rganizations that are directly funded under the Supportive Housing Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytiza- tion as part of the pragz•azns ar sex's=ices i'unded under this part. If an arg~aniza- tion canclucts such- activities, floe ac- tivities must be offered separately, in tixzxt: ar ]ovation, froze the pragranis or services fended under this part, altd p;a.rtictpation must be. voluntary far the beneficiaries ai' the HUI~-funded prn- s~ram5 Or Sel:'EriCefi. (3} A religious organization that par- tioipates in the Supportive Housing Program will retain its independence from Federal., State, a,nd local govex'n- ments, and may continue to cax'xy out its mission, incl.udin.g the definition, practice, and expression of. its religious Beliefs, provldecl that it does not use di- reot Supportive Housing Program funds to support any inherently reli- giozts as;tivttiss, such as worship, reli- gious instrcxcti.on, or px•aselytization. Among other things, faith-based orga- nizations may use space in their facili- ties to provide Supportive .Housing Prograxn-funded services, without re- moving religious art, icons, scriptures, or other relig•i.ous symbols. In addition, a Supportive Housing Program-funded religious organization retains its au- thority over its internal governance, and it may retain religious terms in its organization's name, select its hoard members on a religious basis, and in- clude religious references in its organi- zation's mission statements and other governing documents. (4) An organization that participates in. the Supportive Housing Program shall not, in providing program assist- ance, discriminate against a. program beneficiary or prospective program beneficiary an the basis of religion or religious belief, (5) Program funds may eat 'be used for the acquisition, construction, or re- habilitation of structures to the extent that those structures are used for in- 24 Ci:R Cl~. V (4-1-09 Edition) herently religious activities. Program 1ltnds may he used for the acquisition, construction, or rehabilitation oS structures only to the extent that those structures are 113ed for con- tiucting eligible actitritles uxzder this part. Where a structure is used for both eligible and inherextt]y religious activi- ties, program funds may not exceed the cast of those portions of the a<;gixifii- t:~ion, construction, cJr reha,bilitatian that are attributable to eligible activi- ties in accordance with the cost ac- counting requirements applicable to Supportive Housing Program funds in this part, Sanctuaries, chapels, Czr other rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of warship, however, are ineligible far Supportive housing Program-funded itnprovr- ments. Disposition of rea] property after t]xe term of the grant, or any change in use of the property during the term Uf the grant, is subject to gov- ex'nmextt-wide regulations governing real property disposition (see 24 CFIt parts 84 anti 88}. (6) If a State or local government vczl- untarily contributes its awxz funds to supplement federally fundetil activities, the State or local government has the option to segregate the 1±'eder;~.l funds or commingle them. However, if the funds are commingled, this section ap- plies to all of the commingled funds. (c) f'articipartt control ajsite. Where at1 applicant does not propose to have con- trol of a site or sites but rather pro- poses to assist a homeless family or in- dividual in oBtaining• a lease, which may include assistance with rent pay- ments and receiving supportive serv- ices, after which time the family or in- dividual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilita- tion, or new construction, f.58 FR 13871, R3ar, 15, 1993, as amended at 59 FR 3G892, July l9, 1993; (i6 FR 56407, ;3ept. 3©, 20037 § 583.155 Consolidated plan. (a) flpplieaatts t3cat are StuC~s or units nj ,gen.eral lncad gvver~ianen.t. "I`lae appli- cant must have a HU7]-approved eam- plete or abbreviated consolidated plan, 'in accordance with 24 CFIL part 31, and 256 Ofc. of Assf. Secy., Comm. Planning, Develop., HUD must submit a certificatian that the application for funtiing• is consistent with the HUD-approved onnsolidated plan. Fended applicants must certify in a grant agreement that they are fol- lowing the HUD-approved consolidated plan. (b) rlpplicaatils that cxre nal Stales or units of yen,ernl !scat yover•-nment. The applicant must submit a certification by the jurisdiction in which the pro- posed project will be located tlxat the applicant's application for funding is consistent with the jurisdiction's HUD- approved consolidated plan, The cer- tification must be made by the unit of general local government or the State, in accordance with the consistency cer- tification provisions of the consoli- dated plan regulations, 24 CFR Part x31, subpart F. {c) In~liara tribes cant! the I~asular Areas n}~ frraa~n, thr l~.S. Virgin Islands, Arran r- icran .Samna, rznd the Northern Mariana Isluiad,s. These entities ax•e not required to have a consolidated plan or to make cozzsalidatad plan certifications. An ap- plication lay ,m Indian tribe or other ~a•pplicant far a praject that will 73e lo- cated an a x•eservatian of an Indian tribe will not require a certification lizy the tribe ax' the State. However, where an Indian tribe is the applicant far a project that will not be located un a r•essrvatian, the requirement fur a cer- tification under paragraph (b) of this sectian well apply. (d) 7'ivaeing or co2a•solidated p~lun certi}'i- eation submissions. Unless other4vise set forth in the NOFA, the required certifi- cation that the application fur funding is consistent with the HUD-approved cunsaliclated plan must be submitted ny the funding application submission deadline axtnounced in the NOFA. f,60 FEZ 16310, 144ar. 30, 19A5] Subpart C°°--Application and Grant Award Process 6SS.20fl Application and grant award. [~Ihen funds are made available for assistance, HUD will publish a notice of funding availability (NOFA) in the FEIZERAL I~EG1S'1'Eiti„ in accordance with the requirements of 24 C1+1Z part 9. HUD will review and screen ~pplieations in accordance with Lhe requirements in § 583.230 sectian 426 of the iVlcl~inney Act (42 U.S.C. 11386) and the 8uidelines, rating criteria, and procedures published in the NaFA. [fsl FR 51176, S~;pt. 30, 1B~J6 688.230 Environmental review. (a) Activities under this part are sub- ject to HUD environmental regulations in part 58 of this title, except that. HUD will perform an environmental review in accordance with part 5D of this title px•iar to its approval of any condi- tienaily selected applications for Fis- cal Year 20D0 and prior ,years that were received directly from private non- profit. entities and governmental enti- ties with special or limited purpose powers. For activities under a Grant that generally wool+i lee subject to re- view under part 58, IiUb may make a finding in accordance with § 58.11(4) atx[1 may itself perform the environmental a°eview under the provisions of part 5D of this title if the recipient objects in writing• to the responsible entity's per- forming the review under part 58. Irre- spective of whether the responsible en- tity in accord with part 58 (or HUD in accor[1 with part 50} per.~forms the onvi- ronmental review, the recipient shall supply all available, relevant ini'orxna- tioxx necessary for the responsible enti- ty (or IIUD, if applicable) to perform for each property any enviromnental review required by this part. The re- cipient also shall carry out mitigatin~• measures required by the responsible entity (ar HUI), if applicable) ar select alternate eligible property. HUD znay eliminate from consideration any ap- plicati~n that would x•equire an la;nvi- ronmexttal Impact Statement (1?IS}, (b) The recipient, its px°oject partners and their culttractars may not acquire, x•ehabilitate, convert, lease, repair, dis- pose of, demolish or construct property for a project under this part, or com- mit or expand HUD or local funds far such eligible activities under this part, until the responsible entity (as defined in §58.2 of this title) has completed the environmental review procedures re- quired by part &8 and the environ- mental certification and RRgI+ !lave been approved ur HUD has performed an environmental review ender part 50 and the recipient has received HUD ap- proval of the property. HUD will not 257 § 583.235 release grant funds if the recipient or any other party commits grant funds {i.c~., incurs any costs or expenditures to be paid or reimbursed with sue:lx fLxn.cls) before the x'ecipient su73nxits and EiU7J appx'oves its €i.1~OF (whP,re Stroh submission is required). f.SB k'1~ 561~f1, Sept. 29, 2003) $ 6$3.2$6 ~.enewal grants. (a} Ge~xera.l. Grants made under Lhis part, and grants made under subtitles C and D (the Supportive Housing Dem- onstration and SAFAH, respectively) of the Stewart 13. McKinney Homeless As- sistance Act as in effect before October 28, 1992, array be renewed on a nan- campetitive basis to continue ongoing 9easing, operations, and Supportive services far a,dditianal yeax'S beyond the initial funding period. 'I'o be con- sidered for renewal funding for leasin;, operating costs, or supportive services, recipients nxust submit a request fox• such fundizzg ixz the form slieaified by HUD, must meet the requirements of this part, and must submit requests within tho time period established by HUD. (b) Assistance ctvuiduUle. The first re- newal will be for a period of time oat to exceed the difference between the end of the initial flznding period and ten years from the date of initial occu- pancy or the date of initial service pro- vision, as applicable. Any subsequerxt; renewal will be for a.period of time oat to exceed five years..~,ssistance during each year of the renewal period, sub- ject; to maintenance of ei'fort reyuire- mexzts under § G83.1b0(a) array lac for: (1) Up to 50 percent of the actual op- erating and leasing costs in the final ,year of the initial funding period; {2) Up to the amount of HUD assist- ance for supportive services in the final ,year of the initial funding period; and {3) An allowance for cast ixxcreases. (c) H~TD review. (1) HUD will review the request for renewal and will evalu- ate the recipient's performance in pre- vious years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renowal unless the recipient proposes to serve a popu- lation that is oat homeless, or the re- cipiont has not shown adequate progress as evidexxced by an unaccept- 24 CFR Ch. V {4-1-09 Edition) ably slow expenditure af' funds, or the recipient has been unsuccessful in as- sistin8~ participants in achievixxg and maintainixxg independent living. In de- termining the recipient's success in as- sistitzg partiripa,nts to achieve and maintain independent living, consider- ation will be given to the level and type of problems of participants, T'or recipients with a poor record of suc- cess, HUD will also consider the x•ecipi- ent's willlazgness to accept technical assistance and to xnal~e changes sug- gested by technical assiStaxxce pro- viders. Other factors which w171 affect HUD's decision to approve a renewal request include the following: a con- tinuing history of inadequate financial management accounting practices, in- dications of nzismanagernent on the part of the recipient, a dr;a.5tia reduc- tion in the population served by the re- cipient, program changes made by the recipient without :prior HUD approval, and loss of project site. {2) HUD reserves the right to x•eject ;~. request from any organization with an outstanding obligation to HUD that 'is in arrears or for which a payment schedule has not been afireed ta, or whose response to an audit finding is overdue ar unsatisfactox'y. (3) HUD will notify the recipient in writinn Ghat the request has been ap- proved or disapproved. (ApprovFil by the R1YYce oi' lvianagemont and Budgot under control number 250G-ulY2) Subpart D-Program Requirements # 5$8.300 Genex'axl operation. (a) xState and local requirements. Eaclx recipient of assistance under this pax't must provide hauling or services that a,re in compliance with all applicable State and local housing codes, licens- ing .requirements, and any other re- quirements in the jurisdiction in which the project is located regarding the condition of the structure and the op- eration of the lxousin$• ar services. (b) Flabitability standards. Except for such variations as are proposed by the recipient acid approved by HUD, sup- portive housing must meet the fol- lowing' requireaxlents: (1) Structure and araaterials. The struc- tures must be structux'a11y sound so as not to pose any threat Go the health 2~8 OfC. dj AsSt. SeCy., Comm. Planning, Develop., HUD §583.30D and sai'ety of the occupants and so as to protect, the residents i'rom the ele- xnents. (Z) Access. The housing must be acces- sible and capable of being utilized without unauthorized use of other px~i- v:~,te properties. Structures must pro- vide alternate xnea.ns of caress in case of fire. (3} Six[ceft and see2crity. Eacll resident must be afforded adequate space and security for thPxnselves and their be- longings. Each resident mast be pro- vided an acceptable place to sleep. (4j Interior air quality. L~'very room or space must be :provided with natural or inerhaniral ventilation. Structures must be free of pollutants in tlae air at levels that threaten the health of resi- dents. (5) YVater s~rpplil. The water supply must be free fiom contamination. (fi) San%tary facilities. Residents must have access to sufficient salutary fa- rilfties that are in proper operating ronaiition, may be used in privacy, and a,re adeci~xate for personal cleanliness and the disposal of human waste. (7) Ttaermcal environment. The housing must have adequate heating anci,'or cooling .t'aci].ities in proper operating condition. {g) Illumination and electricitrj. The housing' must have adequate natural or artificial illumination to permit nor- mal indoor activities and to support the health and safety of residents. Suf- ficient electrical sources must be pro- vided to permit use of essential elec- trical appliances while assuring safety from fire. (9) .Food preparation. and refuse dis- posal. All .food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a eaxtitary mantaer. (1D) .Sanitarzf condition. The housing and any equipment must be maintained In sanitary condition. (11) hire safetzf. (1) Eacla unit must in- clude at least one battery-operated or hard-wired smoke detector, in proper workin; condition, on each occupied level of the uxxit. Smoke detectors mast be locateli, to the extent prac- ticable, in a hallway adjacent to a bed- room. Tf the unit is occupied by hear- ing-impaired persons, smoke detectors must have an alarm system desg'xled for heax~in;-unpaired persons ixt each bedroom occupied by a heax•ing•-iirt- paired person. (ii) The public areas of all housing' roust be equipped with a sufficient number, but not less than one .for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community roams. day care centers, hallways, stairwells, and other coln- xT1011 areas. (c) !Meals. Each recipient of assist, ante under dais part who provides sup- portive ltotxsing far homeless persons with disabilities must px•avicle meals or meal preparation facilities for resi- dents. (d) Ongoing assessrraent of s~.[pportivE; services. Each recipient of assistance under this part must conduct an ongo- ing assessment of the supportive serv- ices required by the r~a5idents of the projet:t and the availability of such services, aald make adjustments as ap- propriate. {e) Residenti¢l supervision. Each re- aipient of assistance nndex• thts part must provide residential supervision as xtecessary to facilitate the adequate provision of supportive services to the residents of the housing throughattt the term of the commitment to operate supportive housing. Ttcsidential super- vision may include the emplo,vment of a full- ox• part-time residential super- visor wittl suffieielat knowledge to pro- vide ar to supervise the provision of supportive services to the residents. (#'} Participation of homeless nersous. {1) Each recipient must provide for the participation of hnrneless persons as re- quired in section 42G(g) oi' the McKin- ney Act (42 U.S.C. 113RG{a)}. This re- quirement is waived if axe applicant is unable to meet it and presents a plan for ~1C7b approval to otherwise coxtsult with homeless ox• formerly homeless persons in considering and making policies and decisions. See also § 583.33P(e). (2} Each recipient of assistance under this part must, to the maximum extent practicable, involve homeie5s individ- uals and families, through employ- ment, volunteer services, or otherwise, in constructing, rehabilitating, main- taining, and operating the project and 2~9 § 583.305 24 CfR Ch. V (4-1-09 Edltfon) in providing supportive services for the project. (g) Records aaad reports. Each recipient oi' assistance under this part must keep atxy records and make any repot:~ts f in- cluding those pertaining to race, eth- nicity, gender, and disability status data] that I3UD may require within the timeframe required. (h} Cnaafideaatiality. ]Jack recipient that provides family violence prevexa- tion or treatment services must de- velop and implement procedures to en- SLtr P.: (1) The confidentiality of records per- taining to any individual services, and (2) That Che address or lacatioxi oi' any project assisted will not be made public, except with written authoriza- tion of the person or persons respon- sible for the operation of the project. (i) Termination of hnusiaa.g assistance.. 'lThe recipient may terminate assist- ance to a participant Who violates pro- g•ram requirements. Recipients should terminate assistance only in the most severe eases. Recipients may resume assistance to a I~articipant whasH as- sistance was previously terminated. In terminating assistance to a partici- pant, the z~ecipient must provide a for- mal process that recognizes flee rights of individuals receiving assistance to cites prncess of law. This process, at a minimum, must consist of: (1) Wz°itten notice to the participant containin~• a cleax° statement of the reasons far terminatiozz: (Z) A review of the decision, in which the participant zs given the oppor- tunity to present written or oral objec- tions before a person otlae~~ than the porsoxi (or a subnrdinate of that person) who made ar approved the termination dec;isioxa; and (3) Prompt 4vritten notice of the final decision to the participant. (j} ,Limitation of stay in traaasttioaaal ]lousing. A Nameless individual or fani- ily may remain in transitional 4zousing• for a period lonGer than 24 months, if permanent housing for the individual or family has not been located or If the Individual ar family requires addi- tional time to prepare for independent living. liawever, HUI~ may discontinue assistance fora transitional housing' project if more than half of the home- less individuals or iamilies remain in that project lasager than 24 months. (k) Outpatient laerulth ,services. Out- patient health services provided by the r©cipi.ent must be approved as appro- priate by I3U1~ and the Department of 1-1ea1th and 13uman :3ervices {HHS1. Upon receipt of an application that proposes the provision of outpatient health services, HUD twill consult with HHS with respect to flee appropriate- ness of the proposed services. (1) ,9naaer.cul assuraaa.ces. Recipients who receive assistance only far leasing, op- erating costs or supportive services costs must provide an annual assur- ance for each year sLich assistance is received that the project will bH oper- ated for the purpose specified in the ap- plication. (Alapraved ~y $}3e Ufi'ice of i~Yanagement and Budget under cantro] numt~er 2506-0112} 1.58 F'kG i387J, Mar. ].5, 1993, as amended at 59 F1~ 38892, Sulg 19, 199; 81 FkZ, 51178, Sept. 30, 1996] $ b83:305 "Germ o£ oonunltment; repay- ment oY grants; prevention of undue benefits. (a) Term of cnmmitnaeaat aaa,d eoraversi.oaz, Recipients must agree to operate the housing• or provide supportive services ixz accordance with this part and with sections 923 (b)(1} and (b)(3} of the McKinney Act (92 U.S.C. 11383(b)(1), 11383(b)(3}). (b) Repayanent of grant cued preventinax of undace benefits.. In accordance With section 9Z3(c) of the McKinney Act (92 CT.S.C. 11383(c}), l3UU wi11 require re- cipients to repay the grant unless 13U3) has authorized conversion of the project under section 923(b)(3} of the McKinney Act (92 U.S.C. 11383(b)(3)j. [61 F'R 61].76, Sept. 34, 1998:) Fii33.310 1)ieplaccmont, relocation, and acyuiaition. {a) Minimizing displacement. Con- sistent with the other goals and objec- tives of this part, recipients must as- sure that they have taken all reason- able steps to minimize the displace- ment of laersons {families, individuals, businesses, nonprofit organlLations, and farms} as a result of supportive housing' assisted under this part. 260 Ofc. of Asst. 5ecy., Comm. Planning, Develop., H11D (b} Relvcrxtivn assistance jvr di.s~;laced persvns, A displaced person (deiYned in paragraph (f) of this section} must be provided relocation assistance at the ledels described in, and in accordance with, the requirements a#' the L7xti#'orm Relocation Assistanre and Real Prop- erty Acquisition Policies Act of 19iQ (URA) (42 U.S.C. 46(iI-4655) and ixnple- mentfug regulations at 49 CFR part 24. (c) Deal propertz! czeq•uisition require- rnerat,s. The acquisition of real property for supportive housing is subject to the UFt,A and the requirements described in 99 C){R part 24, subpart R. (cl) xespvnsib?situ of recipient. (1} The recipient must certify (i.c., provide as- surance of compliance) that it wi11 comply with the UR.A , the regulations at 49 GFR part 24, anti the requirements oi' this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these ;~rovi- SiDl75. (2} The cost of required relocation as- sistance is an eligible project cost ~in the same manner and to the same ex- tent as other project casts. Surh costs also uaay be pald for with local public funds or funds available fronx other sources. (3) The recipient must nxaintain records in sufficient detail to dem- onstrate compliance with :provisions of this section. (ej ~ippeals. A person who disagrees with the recipient's determination con- cerxjing whether the person qualifies as a `°displacr:,d persoxa," ar the amount of relocation assistance for which the per- son is eligible, may file a written ap- peal of that determination with the re- cipient. A low-income person who is dissatisfied with the recipient's cleter- niination on his ar her appeal may snb- mit a writtezz request for re'criew of that determination to the IiUD field offic;a. (f) 1.7efinitivrx vJ dis~alaced peravn. (1) Far purposes of this section, the term "displaced person" means a :person (family, individual, business, nonprofit organization, or farm} that moves from real property, or moves personal prop- erty from real property permanently as a direct result of acquisition, rehabili- tation, or demolition for supportive housing projects assisted under this $ 583.31 D part,. The term "displaced person" in- cludes, but may not be limited to: (i.) A person that moves permanently from the real property after the prop- erty owner (or pex•san in control of the site) issues a vaca:Le notice, or refuses to renew an expiring lease in order to evade the responsibility to provide re- location assistance, if the moos occurs on or ofter the date the recipient sub- mits to HUD the application or appli- cation amendment desig•nating• the project site. (ii) Any person, including a person who moves be#'ore the Rate desrribecl in paragraph (f)(1}(ij of this section, if the recipient or HLJD determines that the displacement resulted riix'ectly from ac- quisition, rehabilitation, or demolition far the assisted project. (iii) Atenant-occupant of a dwelling unit who moves permanently from the buildirxg/complex ox~ or after the date of the `"initiation of neg~otiatians" (see paragraph (g) of this section) if the move occurs before the tenant has been provided written. notice affez°ing hirn or her the opportunity to ica,se anal oc- cuptT asuitable, decent, safe and sani- tary dwelling in the same buildingY complex, under reasonable terms and conditions, upon completion of the project, Sueh reasonable terms and conditions must include a monthly rent and estimated average niouthly utility costs that do not exceed the greater of: (A) The tenant's znnntlaly a:•ent before the initiation of neg~otia,tions »,ncl esti- znatecl average utility costs, or (B) 3Q percent of gross household in- come. If the initial rent is at or near the maximum, there must be a reason- a,ble basis for concluding a,t the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is re- quired tc relocate temporarily, but does not return to the b+tlldinglcoxn- plex, if either: (A) A tenant is not offered payment for all reasonable out-oi'-poal~et ex- penses incurred in connection with the temporary relocation, or (D) Other conciitiaias of the tem- porary reiocati.on are not reasonable. ZB1 , r > , • r § 583.315 (v) A tenazit c>i' a dwelling who moves from the building/complex perma- nently after he oz' she has been re- quired to move to another unit in the same buildinglcomplex, if either: (A) The tenant is not offered reim- bursement far all reasonable out-of- pocket expenses Incurred in connection with the tnave; or (}3} Other conditions of the move are not reasonable. {2) Notwithstanding the provisions of paragraph (f)(1) of this section, a per- son does not qualify as a "sisplaced person" (and is not eligible f'or reloca- tion assistatzoe under the URA or this section), if: (i) 'Phe pErsan has been evicted for se- rious ar repeated violation of the terms and conditions of the lease or o~cu- pancy agreement, violation of applica- ble Federal, ~3tate, ar local ar tribal law, or other good cause, and Fli7l3 de- termines that the eviction was itot un- dartalr;en for t).te purpose of evading the obligatlan to provide relocation assist- ance; (ii) The person moved into the pr~p- erty a#'ter the submission of the applt- catian and, before signing a lease and c:amrnencing aacupanay, was provided written notice of the project, its pos- sible impact on bhe person {e.g~., the person m~a,y be displaced, temporarily relocated, ar suffer a rent increase) anti the fact that the person would not cqualify as a. "displaced person" (or Yor azay assistance provided under this sec- tion), if the project is apprnvecl; (i1i) 'l'he person is ineligible under 49 CFR 24.2(8)(2); or (iv) HU13 determines that thr:, person was not displaced as a direct result of acquisition, rehabilitation, ar dentoli tian for the project. (3) The recipient may reriuest, at a.tty time, ~TUi7's determination of whether a displacement is ar would be c;avered under this section. (g) DeJrnitin~a of initiation. of raenotia- tions. For purposes of determining' the formula for computing' the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken reliabili- tatian, demolition, or acquisition of the real property, the term "initiation of negotiations" means tl?e eXeCUt10n 2d CFR Ch, V (4-1-09 Edifion) of the agreement between the recipient and ~lU]J. {h) Deftiazitaon of project. Par purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Trvo or mare activities that are integrally related, each essential to the others, are considered a single project, whether or not ail component activities receive assistance under this part. 158 FR 13671, Ivlat'. 15, 1993, as amenrleri :~t 59 FR 26892, .7ul.y 19, 1.994: § 583.315 Resident rent. (a) C.alcxclatio~i of resident rent. lJaclz resident of supportive housing nay be required to pay as rent an amount de- termined by the recipient which may not exceed the highest af: (1) 30 percent of the family's mantltly adjusted income (acljttstment factors include the number of people in the family, ag•c of family ntetr~bers, medical expanses and child Care expenses). The calculation of the family's monthly ad- justed income must include the ex- pense deductions provided in 24 .CFR 5.fi11(a), and for porsons with disabil- ities, the calculation of the family's monthly adjusted income also must in- clude the disallowance of earned in- come as provided fn 24 CFI 5.fi1i, if ap- plicable; (2) 10 perC.ent of the family's monthly gross income; ar (3) If the family is reeeivinri pay- ments far welfare assistance from a public agency arzd a part of the pay- ments, adjusted in accordance with the family's actual housing costs, is spe- cifically designated by the agency to meet the family's housing' posts, the portion of the payment that is des- ig~nated for housing costs. (b) Use of rent. Eiesldent rent may he used in the operation of the project or may be reserved, in whole or 1n part, to assist residents of transitional housing in moving to permanent housln8. (c) Fees. In addition to resident rent, recipients may charge residents rea- sonable fees far services nut paid with Brant fonds. [58 PIt, 13871, Mar, 15, iJ98, as amended at 59 FIi, 36892, July 19, 1[194; 66 F'R 6'125, ,Ian. 19, 29Q1] 2fi2 j ~ ~ t ~ Ofc. of Asst. Secy., Comm. Planning, Develop., }•iUD 583.32U Site control. (a.? Site coratr'nl. (1) Where grant funds wail be used for acquisition, relaabilita- tirn~, or new construction to provide supportive housing or supportive serv- ices, ar where grant funds will be used for operating' costs of supportive hous- ing, or where grant funds will be used to provide supportive services exnept where an applicant will provide serv- ices at sites not operated by the appli- cant, an applicant must demonstrate site control before HUD will execute a grant agreement (e._4., through a deed, lease, executed contrac;T, of sale). if' such site control is oat dexnnxistrated within one ,year after initial notifica- tion of the award of assistance under this part, the grant will be deobllgated as provided in paragraph (c) of this ser,- tion. (2) Where grant funds will be used to lease all or part of a structure to pro- vide supportive housing ar supportive services, ar where grant i'unds will be used to lease individual housing units for homeless persons who will eventu- ally control the units, site control need not be demonstrated. (la) ,Site clzuaage. (1) A recipient may obtain awnershlp or control of a suit- able site dif'#'erent from Ghe one speci- fied in its application. li,etentinn of asx assistance awiax~d is subject to the ne~v site's meeting all requirements under this pare i'or suitable sites. (2) If the acquisiti.nn, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must pro- vide far all additional costs. If the re- c~ip~ient is unable to demonstrate to HLID that it is able to provide for the difference in costs, HUD may cleobligate the award of assistance. {c) failure to obtciira site control u=ithiar orae year. HUD will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the ex- piration of one year after initial notifi- cation of an award. 4+583.32Fi Nondiscrlminatlon and equral opgortumity requirements. (a} C~raeral. Notwithstanding the per- missibility of proposals that serve iles- § 583.325 ignated populations af' disabled home- less persons, recipients serving ades- ignatecl population of disa131ed home- less parsons are required, wiG121n the designated population, to ramply wltka these requirements for nondiscrimina- tion nn the basis of race, color, reli- gion, sex, national origin, age, familial status, and disability. (b) Nondiscriminatiara anti cquctl p~por- tunity requireanents. 'I'he nondiscximina- tian and equal alrpnrtunity require- ments set forth at part 5 of this title apply to this program. The Indian Civil Rights Act (25 U.q.C. 1301 et seq.) ap- plies to tribes when they exercise their powr:,rs of self-government, and to In- dian housing• authorities (IRAs) whin established by the exercise of such powers. V4'h.en an IRA is established under State .l.aw, the applicability of the .Indian Civil Flights Act will be de- terraairxod an a case-by-case -basis. Projects subject to the Indian Civil Rights Ar,G must be developed and oper- ated in compliance with its provisions and all implenaentlaag F1UD require- meuts, instead of title ti'I clad the Fair Housing Aet and their implementing regulations. (c) Proc:edurns. {1) If the procedures that the reo#pient intends to use to make known the availability of the supportive housing are unlikely to reach pex•sans of any particular race, color, religion, sex, age, oatianal ori- gin, familial status, or handicap who may qualify for a,drnission to the hous- ing, the recipient must establish addi- tional procedures that will ensure that such persons can obtain infarnlation concerning availability of the housing, {2) The recipient must adopt proce- dures to make available information on the existence and locations of facili- ties and services that are accessible to persons with a handicap and maintain evidence of implementation of the pro- cedures, {d) Accessih7llt;~l rerluireanen.ts. The re- cipient must comply with the new can- struction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and reha- bilitation accessibility requirements of section 5U4 as follows: (1) All new construction muse meet the accessibility requirements of 24 `L63 § 5&3.3311 CFR H.22 and, as applicable, 24 CFR 100.205. (2) Projects in which costs of reha- Bilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23(x). Other rehabilitation xnust meet the requirements of 24 CFR 8.23(b), [58 FR 13871, nlar, i5, 1993, as amended at 59 FR 83899, June. 30, 1999; Gl FR 5230, Feb. 9, 1998; 81 FR 51],76. Sept. 34, 1.896] § 683.334 Applicability of other Federal requirements. Iai addition to the requirements set forth in 24 CFIt part 5, use of assistance provided under this part .must comply with the following Federal require- ments: (a) .Flood insurre~acf!. (])The P{lood Dis- aster Protection Aat of .1973 (42 U.S.C. 9001-4125) prohibits the approval of ap- plications for assistance far acquisition ar construction (includixl<sr rehabilita- tion) for supportive housing• ]ocatecl in an ax•ea id.ontifi.ed by the Foderal Emer- gency iVianag•enaent Agency {FEMA) as .having special flood hazards, unless: (i j The community in which the area is situated is participating in the Na- tional Flood Insurance Px~og•x~am (see 44 CFR parts 59 through 79), ox• less than a ,year has passed since FEMA notii~ca- tion regarding such hazards; and (ii) 1+'lood insurance is obtained as a condition of approval of the applica- tion. {2) Applicants with. supportive hous- ing located in an area identifYe:d by FEMA a,s having• special flood hazards and rereivir~• assistance for. acquisition ar construction (iaaoludin~• rehabilita•- tion) are responsible for assuring that flood insurance under tlae National Flood Insurance Program is obtained and maintained. (b) Tlae Coastal Ba•rx~ier Resources Act of 19H2 (1G U.S.C. 35(11 et sey.) naay apply to proposals under this part, ele- pending on the assistance requested. (c) applicability of ()11113 Ci7~cular,s. The policies, guidelines, and requirements of OMB Circular No. A-H7 (Cost .Prin- ciples A:pplicaBle to Grants, Contracts and Other Agreements with State and ?A CFR Ch. V (4-1-49 Edition} culaa° Nos. A--11t? {Grants and Coopera- tive Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit (7rganizations) and A--122 (Cost Principles Applicable to Grants, Contracts axed Other Agreements with Nonprofit Institutions) apply to the ac- ceptance and u.se ai' assistance by pri- vate nonprofit organizations, except where inconsistent with the provisions of the 1V[cl~inney Act, other Federal statutes, crr dais part. {Copies of O1vIB Circulars may Be obtained frrom E.O.P, Publications, room 2200, New Executive Office Building, LVashington, i7C 20503, telephone (202) 39.5-7332. (This is not a toll-free number.) Tlaex°e is a limit of two free copies. (d) Laud-basf:d przint. The Lead-Based Paint Paisoniaag Prevexation Act (42 U.S.C. 9821-9H9G), the Itesiclential I.~eacl, Based .Paiaat Hazard. Reduction Act of 1992 {92 U.S.C. 9851-985Fi), and imple- naeuting regulations at part 35, suB- parts A, B, J, K, anti R of this title apply to activities under this program. (e) C'onjlirts nj i7itcrest. (1) In addition to the conflict of interest requirements in 24 CFR part H5, no person who is an employee, agent, consultant, officer, or elected or appoiaated official of tho re- cipient and who exercises or has exer- cised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with rei,*ard to such activi- ties, may obtain a personal or financial interest or BenefYt from the activity, ar have aaa interest in any contract, sub- cotatract, or agreement with respect thereto, o.r the proceeds thereunder, ei- ther for hixnself or herself or for those with wlaona he or she has family or Business ties, during his ox' her tenure or for one year thereafter, Participa- tion by ho.m.eiess individuals who also are participants under the program in policy or decisioalnaaking under $5H3.300(f} does not constitute a con- flict of interest. (2) Upon the written request of the recipient, HUD may grant a;n exception to the provisions of pax•agraph (e)(1) of this section an a case-by-case basis Local Governments) and Z9 CFR past H5 when it deterxnines that the exception apply to the award, acceptance, and will serve to further the ;purposes of use of assistance under the program by the program axed the effective and effi- governxnental entities, and OMB Cir- ciexat administration of the recipient's 284 i 1 1 ~ ~ ' Ofc. of Asst. Secy., Camm. Planning, Develop., Hl1D project. An exception may be consid- ered only after the recipient has pro- vided tlxe following: (i) For States ~~,nd other govern- mental entities, a disclosure of the na- ture of the conflict, accompanied by an assurance that there has been public clisclasure of the conflict and a rlescrip- tioxa of how the public disclosure was oracle; and (ii) For all recipients, an opinion of the recipient's attorney that the inter- est far which the exception is sought wnuid nct violate State ar Iocal la,w. (3) In determining whether to grant a requested exception after the recipient has satisfactorily inet the requirement of paragraph (e)(2) of this section, HUD will roxzsicler the cumulativca effect af' tlxe following factors, tivhere applicable: (i) ViThether the exception would pro- vide asignificant cost benefit or an es- sential degree caf expertise to the project which would otherwise not be available; (ii) whether the person affected is a member of a ;roue or class of eli~'ible persons and the exception will permit such person to receive genorally the same interests or benefits as are being nxade available nr provided to the group or class; {i1i) whetlxer the affected person has withdrawn. from his or her .functions or responsibilities, or the decisionmaking process with respect to the specific as- sisted activity in question; (iv) whether the interest or benefit was present before the affected person was in a Imsitiou as described in para- graph (e)(1) of this section; {v) L~VhetYxer rindue hardship will re- salt either to the recipient or the per- son affected. whin weighed against the public interest served by avoiding the prohibited coniict; and (vi) Any other relevant consider- ations. (f) Atr[lit. The financial management systems used by recipients under this px°o~ram must provide for audits in ac- cordance w1t11 24 CFR part 44 or part 45, as applicable. HUI7 nay perform or re- quire additionai audits a.s it finds nec- essary or appropriate. § 583.4D5 (g) l7avis-Baran Act. The provisions of the i]avis-Bacon Act clo not apply to this program. [58 P'R 13871, ;Yiar. 15, 1993, afi amended at 61 FR 5211, Fels. 9, 1996; 69 FR 50226. Sept. lei, 1999] Subpart i:-Administration § 58II.40b Grant a~reexnent. (a) Geizeral. The duty to provide sup- portive housing or supportive services in arnordance with the requirements of this part will be incorporated in a ~•rant agreement e:~ecutecl by HULL and tlxe recipient. (b) Fnjnrremerat. Tr1UD tivill enforce the obligations in the g'~°ant agreement through such action :~,s may be appro- priate, including repayment of funds that have already been disbursed to the recipient. 5 A83,406 l;'rogram phanpes. (a7 HUI~ appr°ovat. (1) A recipient may not make any significant chan~•es to an approved program without prior IiUD approval. Significant chooses include, but are not limited to, a change in the recipient, a change in the pro:iect site, additions ar, deletions iza the types of activities listed in § 583.1Qi7 of this part approved .fox' the program ar a shift of more than 10 percent of funds from one approved type of activity to another, and a change in tha categox°y of partici- pants to be served. Depending• on the txa,ture of the change, HUD may require a new certification of consistency with the consolidated plan (see §588.155). (2) Approval for changes is contln- gent upon the application ranking re- maining high enough after the ap- proved change t;n have been competi- tively selected for funding in the year the application was selected. (b) Dncunu:>itatinn of other c3xatagr~s. r3ny C;11ax1~''P.S to aii approved program that do not require prior HUD approval must be fu11y documented in the recipi- ent's records. ["r3 FR 13871, Mai. 15, 1993, as anaencic;d at fil FR 51176,Sept,. 30, 1996] 265 1 ~ ~ i 1 i i ' / ~ 1 ° 6 7 7 § 583.410 § 583.910 OUligation and deabligation of funds. (a) Obdiqutiora nj fu~a~s. When HUD and the applicant execute a grant agree- ment, funds are obligated to cover the amount of tihe approved assistance under subpart 13 of this part. The re- cipient will be expected to carry out the supportive housing qr supportive services activities as proposed iai the application. (b) Increases. After the initial obliga- tion of Rinds, HUD will not mare revi- sions to incx'ease tlxe amount obligatesi. (c} Deobtigt~tinra. (1) HUD may deobligate all or parts of grants for ac- quisition, rehabilitation, acquisition a,nd reha,bi.litatian, or new CQI]Str4xC- tion: (i) If the actual total cost of acuuisi- tion, rehabilitation, acquisition and re- habilitation, ai~ new construction is lass than the total cast anticipated in the application; pr (i.i) If proposed activities for which funding was approved arc not begun within three months ax' residents da not kregin to aacupy the facility within nine months after grant execution. (2) HU13 may deoblig~ate the amounts for. annual loosing costs, operating' CDStS or supportive services in any year: (i) If the actual leasing costs, oper- ating costs or supportivE services far that year a,re less than the total cost anticipated in the application; ar {ii) If the proposed supportive hous- ix;a* operations are not begun witlxin three months after the units are av€a,il- able far ac;aupancy• {3) 'llxe grant agreement may set forth in detail other circumstances under which funds ma,y be deobligated, and other sf~.xxt;tions may be imposed. (4) HUD may: (3.1 R,nadvr_;^tise r,,lxe a.~ra,ilal)ili.ty of 1'uncis that have been deabligated under this section in a notice of fund avail.- a;bility under § 569.200, or (ii) Awarci deol)ligated funds to appli- catians previously submitted in re- sponse to the most recexitly published notice of fund availability , and in ac- cordanec with subpart C of this part. 24 Ci:R Ch. V (4-1-09 Edition) 2f 6 , t 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 COVERAGi= 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: X000.000 Combined Single Limit 1. Commercial Form 2. Premises -Operations 3. Products) Completed Operations Hazard 4. Contractual Liability 5. independent Contractors B. 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. Il. 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 a!I applicable policies. if your insurance company uses the standard ACORD form, the cancella#ion clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. 1 r ' ~ ~ ~ ~~~ e ' ~ ~ ~ t The name of fihe project must be listed under "Description of Operations" At a minimum, a 30-day written no#ice 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 , , ` 'i ~ 4 EXHIBIT C COC COMPLIANCE AFFIDAVIT STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES Date: 2l ~ Affiant: /r ~ Continuum of Care Grant Su ecipi nt Affiant, on oath, swears the following statements are true: i, am the ~ (title) s , a Texas nonprofit and been awarded Continuum of Care (°COC") Grant rc.~ corporation, which has applied 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"), f 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 execu#ion of this affidavit, I attest that I have received the above-listed Federal rules and regulations, City staff has explained the rules and regulations, and I understand the Subrecipient's obligations of performance under the rules and regulations. Furthermore, 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: ~ E" SWORN TO AND SUBSCRIBED before 201 a. ~'r+~~"~ No any p bF~t'PQ~fe o~ rMtl sxas a~;'foF~e+*rrr ~Y Comrt~issiOrl Expires """"„'~ May 1$, 2D13 me this the ~ day ca Notary Public, State of Texas ~ °~ ~ a ' ~• SUPPLIER NUMBER .~... TO BE ASSIGNED BY OITY 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: ~fil~ SAJ,f~-i~,,~ AttMu . a ~,7BA~dld ~ h~anaa-~; P. O. Box: ~ SD"7 _ STREET ADDRESS: So11~ hrin~ CITY: Q _ ZIP: ~1~+.~pC FIRM IS: 1. Corporation [] 2. Partnershi'~'€~,,Ml ,~~,,k~;°-z~°~'::~ole ~Jwr~er [] 4. Association 0 5. Other ~ ~~~ ~RR7r7A-'~'r~ 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" constitu#ing 3% or more of the ownership in the above named "firm," r Name Job Title and City Department {if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Carpus Christi <having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." ~~~Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant IJ J~9- Page 1 of 2 i~ ~ . ) 4 ~.~ ~.. / `\ •1 City of ~~ Corpus .= Christi ~.~..~ Exhibit E 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: (~) 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 contrack, grant, loan, or cooperative agreement. (2) if any funds other than federal appropriated funds have been paid or will be paid to any person far 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 t=orm-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 al[ tiers (including subcontracts, subgrants, and contracts under grants, loans,. and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. This certificaticn is a materiel representation of fact upon which reliance was placed when this transaction was mddE<~r er,~tered into.. ~uamission of this certification is a prerequisite for making or entering into this transaction imposed iay Section 1~~2, Title 31, U.S. Code. Any person who fails to file the required certification shall t?e subject to a ci~,~il penalty of not less than $10,000 and not more than $100,000 for each .such ~ai~ar~. Sign re ~~ JOHN R, saNEs Print Name of Authorized Individual THE SIILVATIOLV t1RMY, A GEORGIA CORPORATION ~~ -4g- ZoCa Date Organization Name THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: l . The Salvation Army is an international religious and charitable movement, organized and operated on aquasi-military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation Army's provision of food, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May 3.996