HomeMy WebLinkAboutC2011-296 - 8/30/2011 - ApprovedCONTINUUM OF CARE GRANT AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
GOODWILL INDUSTRIES
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 Goodwill Industries of South Texas,
Inc. ( "Subrecipient'), a nonprofit corporation organized under the laws of the State of
Texas.
WHEREAS, there being a genuine need for supportive housing services for persons
who are homeless and for appropriate facilities in which to provide the services in the
City of Corpus Christi;
WHEREAS, providing supportive housing services to persons who are homeless
promotes the public welfare, health, and safety;
WHEREAS, the City is desirous of providing appropriate supportive housing services to
persons who are homeless;
WHEREAS, appropriate supportive housing services include decent, safe, and sanitary
shelter and other services essential for achieving independent living;
WHEREAS, the Subrecipient is able and desirous of providing the appropriate
supportive housing services to persons who are homeless and in need of assistance in
order to improve the quality of their lives; and
WHEREAS, the City has allocated Continuum of Care Grant ( "COC ") funds in the
amount of $142,720 to the Subrecipient for assistance in providing supportive housing
services for the homeless.
NOW, THEREFORE, the City and the Subrecipient have severally and collectively
agreed and, by the execution of this Agreement, are bound to the mutual obligations,
performances, and accomplishment of the tasks described in this Agreement.
SECTION 1. CITY'S FUNDING OBLIGATIONS. The City agrees to:
1.1 Funding. Provide the Subrecipient not more than One Hundred Forty -two
Thousand Seven Hundred Twenty Dollars ($142,720) of COC funds on a
reimbursement basis, based on the stated services to be provided pursuant to the
Subrecipient's approved Application for Federal Assistance FY10 -11 (grant #TX002413-
2011 -296
Res. 029181
08/30/11
Goodwill Industries INDEXED
6J01 1003), a copy of which is incorporated by reference and is attached to this
Agreement as Exhibit A.
1.2 Reimbursement. Reimburse COC funds to the Subrecipient according to this
Agreement and as follows:
(A) Not more than $136,720 will be reimbursed to the Subrecipient for the provision
of essential supportive housing services to the homeless.
(B) Not more than $0.00 will be reimbursed to the Subrecipient for payment of
operating costs related to supplying supportive housing services for the homeless.
(C) Not more than one half of $6,000 will be reimbursed to the Subrecipient for the
provision of administrative costs related to supplying supportive housing services
for the homeless, with the City retaining the remainder for City - related contract
administration costs.
SECTION 2. SUBRECIPIENT'S FUNDING OBLIGATIONS. Subrecipient agrees to:
2.1 Matching Funds. Contribute and provide the following amount of cash as the re-
quired COC grant funding match as shown in Exhibit A:
(A) Not less than $27,344 must be spent by the Subrecipient to provide essential
supportive housing services to the homeless.
(B) Not less than $0.00 must be spent by the Subrecipient to provide for the operating
costs related to supplying supportive housing services to the homeless.
(C) Not less than $0.00 must be spent by the Subrecipient to provide for HMIS costs
related to supplying supportive housing services to the homeless.
2.2 Staff and Administrative Support. Provide sufficient staff and administrative sup-
port to carry out the stated services, supervise the delivery of supportive housing ser-
vices to homeless persons, and provide supervision and oversight, by the Subreci-
pient's Board of Directors, of professional services provided by the Subrecipient.
2.3 Services and Facilities. Provide services and utilize the facilities or buildings in
accordance with the Continuum of Care Grant Program regulations contained in the
United States Code of Federal Regulations ( "CFR "), and including, but not limited to,
those federal requirements contained in Sections 5 and 6 of this Agreement.
2.4 Permits and Licensing. Obtain and maintain any permits, certificates, and licen-
ses that are required of the stated services and of the facility or the services offered
therein by the State of Texas and any other agencies having regulatory jurisdiction over
the facility or services.
2.5 Financial Records. Record financial transactions according to accrual accounting
procedures or develop such accrual information through analysis of the documentation
on hand and provide an independent audit for such expenditures upon request by the
CoC Agmt Goodwill 2010 Fed Grant Page 2 of 12
City Manager or the Administrator of the City's Community Development Department
( "CDD ").
2.6 Access to Records. Provide access to all records, documents, reports, or audits
regarding the services funded under this Agreement, during regular business hours, for
purposes of the United States Department of Housing and Urban Development ( "HUD "),
the City, or CDD, in order to conduct audits or monitoring.
2.7 Information and Reports. Provide any information pertinent to this Agreement as
the City Manager, the Administrator of CDD, or HUD may from time to time request.
Subrecipient shall adhere and comply with the reporting requirements mandated for the
Homeless Management Information System (HMIS) administered by the City as a
condition of receiving funds under this Agreement.
2.8 Notification of Change. Notify the City within ten (10) days when the scope,
funding, staffing, or services being provided by the Subrecipient changes from its cur-
rent level.
2.9 Use of Funds. Expend all funds solely for the services described and funded
under this Agreement and in accordance with HUD regulations. The Subrecipient shall
reimburse the City for all City - provided COC funds expended by the Subrecipient on
services not authorized under this Agreement or that are expended in violation of HUD
statutory and regulatory provisions.
2.10 Record Retention. The Subrecipient shall retain all required records for three
years following the final payment made under this Agreement or until all pending
matters are closed, whichever is later.
SECTION 3. TERM; TERMINATION; NOTICES.
3.1 Term. This Agreement commences October 1, 2011, in accordance with the grant
period, provided the City's City Council has approved its execution, and terminates on
September 30, 2012.
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-
CoC Agmt Goodwill 2010 Fed Grant Page 3 of 12
pany or overnight express carrier. Notice by fax transmission will be deemed effec-
tive upon transmission, with proof of confirmed delivery.
(C) All such communications must only be made to the following:
If to the City
City of Corpus Christi
Attn: Admin., Community Dev.
P. O. Box 9277
Corpus Christi, Texas 78469 -9277
(361) 826 -3045 Office
(361) 844 -1740 Fax
If to the Subrecipient
Goodwill Industries of South Texas
Attn: Executive Director
2961 S. Port
Corpus Christi, TX 78405
(361) 884 -4068 Office
(361) 884 -4090 Fax
(D) Either party may change the address to which notice is sent by using a method set
out above. The Subrecipient shall notify the City of an address change within 10
working days after the address is changed.
SECTION 4. INSURANCE AND INDEMNITY PROVISIONS
4.1 Liability Insurance. The Subrecipient shall have in force, throughout the term of
this Agreement, insurance that complies with the standards in Exhibit B, a copy of
which is attached to this Agreement and incorporated in this Agreement by reference. A
certificate evidencing the Subrecipient's provision of insurance must be provided to the
City's Risk Manager ( "Risk Manager ") and the Administrator of CDD at least ten (10)
days prior to any expenditures of COC funds by the Subrecipient. Failure to maintain
any of the types and limits of the insurance required by Exhibit A is cause for the City
Manager or the Administrator of CDD to terminate this Agreement and cancel any and
all reimbursements of COC funds to the Subrecipient.
4.2 Fire and Extended Coverage. The Subrecipient shall also have in force, through-
out the term of this Agreement and during the period which the facilities or building must
be maintained as a shelter for the homeless in accordance with Section 5.2 of this
Agreement and 24 CFR §576.53, as amended, fire and extended coverage insurance in
the amount indicated in Exhibit B. Failure to maintain such insurance is cause for the
City to terminate this Agreement and cancel any and all reimbursements of COC funds
to Subrecipient.
4.3 Notice to City. Subrecipient shall require its insurance companies, written policies,
and certificates of insurance to provide that the City must be given thirty (30) days ad-
vance notice by the insurer prior to cancellation, nonrenewal, or material change of the
insurance policies required by Exhibit B.
4.4 Right to Re- evaluation and Adjust Limits. The Risk Manager retains the right to
re- evaluate the insurance requirements during the term of this Agreement and adjust
the types and limits of such insurance upon thirty (30) days written notice to Subrecip-
ient. Insurance types and limits may not be adjusted more frequently than once a year.
CoC Agmt Goodwill 2010 Fed Grant Page 4 of 12
4.5 INDEMNIFICATION.
(A) Subrecipient covenants and agrees that it will indemnify and hold
City harmless of, from, and against all claims, demands, actions,
damages, losses, costs, liabilities, expenses, and judgments re-
covered from or asserted against the City on account of injury or
damage to persons or property (including, without limitation on
the foregoing, workers' compensation, death, and premises de-
fects) to the extent any such injury or damage may be 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 agents, servants, employees,
contractors, patrons, 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 or any of its 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 contributory negligence or concurrent negligence
of Indemnitees, but not if such injury or damage may result from
the gross negligence or willful misconduct of Indemnitees.
(C) The Subrecipient covenants and agrees that, in case the City is
made a party to any litigation against the Subrecipient or in any
litigation commenced by any party other than the Subrecipient re-
lating to this Agreement, the Subrecipient shall, upon receipt of
reasonable notice regarding commencement of litigation and at its
own expense, investigate all claims and demands, attend to their
settlement or other disposition, defend the City in all actions
CoC Agmt Goodwill 2010 Fed Grant Page 5 of 12
based thereon with legal counsel satisfactory to the City Attorney,
and pay all charges of attorneys and all other costs and expenses
of any kind whatsoever arising from any said claims, demands, ac-
tions, damages, losses, costs, liabilities, expenses, or judgments.
(D) The indemnification provisions of this section survive the termina-
tion or expiration of this Agreement
4.6 Subrecipient Contracts; Independent Contractor Status. In no event is the City
liable for any contracts made by the Subrecipient with any person, partnership, firm,
corporation, association, or governmental body. All of the services required by this
Agreement must be performed by the Subrecipient, or under its supervision. It is
agreed by the parties to this Agreement that the Subrecipient is an independent con-
tractor providing the services on behalf of the City and that the Subrecipient may not
incur any debts or obligations on behalf of the City.
SECTION 5. PROGRAM REQUIREMENTS
5.1 Matching Funds.
(A) The Subrecipient shall match the COC funding providing by the City with an amount
of cash funds from sources other than COC funds. These matching funds must be
provided after the date of the grant award to the Subrecipient and the execution of
this Agreement. Funds used to match a previous COC grant may not be used to
match a subsequent grant award under this Agreement.
(B) The Subrecipient shall request payment from the City on a cost - certified basis for
only those services specified in this Agreement and which are matched on a cash
basis in accordance with this Section 5.1 and the regulations contained in the Code
of Federal Regulations. The Subrecipient shall submit matching funds support
documentation which must be provided with each request for payment.
5.2 Use as an Emergency Shelter.
(A) Any building for which COC funds are used by the Subrecipient for use as an
emergency shelter for the homeless must be maintained as a shelter for the
homeless for not less than a three -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.
CoC Agmt Goodwill 2010 Fed Grant Page 6 of 12
(C) Using COC funds for developing and implementing homeless prevention services
does not trigger any period of use requirements.
5.3 Building Standards. Any building for which COC funds are used to provide
supportive housing services for the homeless must meet local government safety and
sanitation standards.
5.4 Assistance to the Homeless. The Subrecipient shall assist homeless individuals
and families in obtaining access to appropriate supportive housing services, including
permanent housing, counseling, supervision, and other services essential for achieving
independent living. Additionally, the Subrecipient shall assist homeless individuals and
families in obtaining access to other Federal, State, local, and private aid that may be
necessary to such individuals and families.
SECTION 6. ADDITIONAL FEDERAL REQUIREMENTS.
6.1 Nondiscrimination And Equal Opportunity. The Subrecipient shall comply with
the following requirements:
(A) The requirements of the Fair Housing Act, 42 United States Code ( "U.S.C. ")
§3601 -19, and implementing regulations at 24 CFR Part 100 et seq., as each may
be amended; Executive Order 11063, as amended by Executive Order 12259 (3
CFR, 1959 -1963 Comp., p. 652, and 3 CFR, 1980 Comp., p. 307), as each may be
further amended; Equal Opportunity in Housing Programs and implementing regu-
lations at 24 CFR Part 107, as each may be amended; Title VI of the Civil Rights
Act of 1964 (42 U.S.C. § §2000d- 2000d -4), as it may be amended; and, Nondiscrim-
ination in Federally Assisted Programs and implementing regulations at 24 CFR
Part 1, as each may be amended;
(B) The prohibitions against discrimination on the basis of age under the Age Discrimi-
nation Act of 1975 (42 U.S.C. § §6101 -07) and implementing regulations at 24 CFR
Part 146, as each may be amended; and the prohibitions against discrimination
against otherwise qualified individuals with disabilities under Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §794) and implementing regulations at 42
U.S.C. §12101 et seq., and 24 CFR Part 8, as each may be amended. For pur-
poses of the COC funding programs, the term "dwelling units" in 24 CFR Part 8, as
it may be amended, includes sleeping accommodations;
(C) The requirements of Executive Order 11246 and the supplemental regulations
issued in 41 CFR Chapter 60, as each may be amended;
(D) The requirements of Section 3 of the Housing and Urban Development Act of 1968,
12 U.S.C. §1701 u, and implementing regulations at 24 CFR Part 135 and 24 CFR
§570.607(b), as each may be amended;
(E) The requirements of Executive Orders 11625, as amended by Executive. Orders
12007 (3 CFR, 1971 -1975 Camp., 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
CoC Agmt Goodwill 2010 Fed Grant Page 7 of 12
may be amended; and Executive Order 12138, as amended by Executive Order
12608 (3 CFR, 1977 Comp., p. 393, and 3 CFR, 1987 Comp., p. 245) (Women's
Business Enterprise), as each may be further amended; and,
(F) The requirement that the Subrecipient make known that use of the facilities and ser-
vices is available to all persons on a nondiscriminatory basis. Where the proce-
dures that a Subrecipient uses to make known the availability of such facilities and
services are unlikely to reach persons with disabilities or persons of any particular
race, color, religion, sex, age, or national origin within the Subrecipient's service
area who may qualify for them, the Subrecipient shall establish additional proce-
dures that will ensure that these persons are made aware of the facilities and ser-
vices. The Subrecipient shall also adopt and implement procedures designed to
make available to interested persons information concerning the existence and
location for services and facilities that are accessible to persons with disabilities.
6.2 Applicability of OMB Circulars. The Subrecipient shall comply with the policies,
guidelines, and requirements that are applicable to the use of COC funds set forth in the
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 a decision - making process, or who may gain
inside information with regard to such activities may obtain a personal or financial inter-
est or benefit from the activity or have an interest in any contract, subcontract, or agree-
ment with respect thereto or business ties during, his or her tenure and for one year
thereafter. HUD may grant an exception to this exclusion, upon prior written approval,
as provided in 24 CFR §583.330, as amended. In the event the Subrecipient desires to
obtain an exception to the exclusion from HUD, the Subrecipient must comply with 24
CoC Agmt Goodwill 2010 Fed Grant Page 8 of 12
CFR §583.330 and file a written application, containing full disclosure of the facts, with
HUD and the Administrator of CDD.
6.5 Use of Debarred, Suspended, or Ineligible Contractors. The provisions of 24
CFR Part 24, as amended, relating to the employment, engagement of services,
awarding of contracts, and funding of any contractors or subcontractors during any
period of debarment, suspension, or placement in ineligibility status, are applicable to
the Subrecipient.
6.6 Coastal Barriers. In accordance with the Coastal Barrier Resources Act, 16
U.S.C. §3501, as amended, no COC funds may be made available within the Coastal
Barrier Resources System.
6.7 Drug Free Workplace Act of 1988. The Subrecipient shall certify that it will main-
tain a drug -free workplace in accordance with the requirements of 24 CFR Part 24,
Subpart F, as amended.
6.8 Copeland Act. The Subrecipient shall comply with the Copeland "Anti- Kickback"
Act, 18 U.S.C. §874, as amended and as supplemented by United States Department of
Labor regulations, 29 CFR Part 3, as amended.
6.9 Contract Work Hours and Safety Standards Act. The Subrecipient shall comply
with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act, 40
U.S.C. § §329 and 333, as amended and as 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
COC Agmt Goodwill 2010 Fed Grant Page 9 of 12
nothing in this Agreement may be construed as prohibiting the Subrecipient from re-
ceiving compensation from such additional contractual parties, provided that all other
terms of this Agreement are fulfilled.
7.4 Modifications. Modifications to this Agreement are not effective unless signed by
a duly authorized representative of each of the parties to this Agreement. Modifications
which do not change the essential scope and purpose of this Agreement may be ap-
proved on behalf of the City by the City Manager.
7.5 Copies of Rules and Regulations. Copies of some of the rules and regulations
referenced in this Agreement have been provided to the Subrecipient as evidenced by
the Subrecipient's COC Compliance Affidavit, which is attached to this Agreement as
Exhibit C and is incorporated into this Agreement by reference. Any failure by the City
to supply the Subrecipient with any other applicable laws, regulations, ordinances, rules,
or policies not stated in Exhibit C does not waive the Subrecipient's compliance there-
with as required by law.
7.6 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of
Ordinances, the Subrecipient shall complete the City's Disclosure of Interests form,
which is attached to this Agreement as Exhibit D, the contents of which, as a
completed form, are incorporated in this document by reference as if fully set out in this
Agreement.
7.7 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)
CoC Agmt Goodwill 201 0 Fed Grant Page 10 of 12
Executed in duplicate originals this day of
ATTEST:
Armando Chapa
City Secretary
Approved as to form: , 2011
Eliza h R. Hundley
AssiAdnt City Attorney
for the City Attorney
2011.
CITY OF CORPUS HRISTI
Ronald L. Ison
City Manager
W � Z 2 AUI Hutton.&
BT LVILINCIL
140
9�i[fAh► 1[4
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ' 2011,
in his/her capacity as the
of the City of Corpus Christi, a
I exas municipal home -rule corporation, on behalf of the corporation.
}o19�'va ESTHERVELAZGUEZ
My Commission Expires
July 05, 2014
e
Notary Public, State of xas
CoC Agmt Goodwill 2010 Fed Grant Page 11 of 12
SUBRECIPIENT: GOODWILL INDUSTRIES OF SOUTH TEXAS, INC.
_"�' 0 �
84 nature
J60 1/0 Ow .
Printed Name
orbi ahOL M
Title
i-0
Date
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on j u J,3 2011, by
J oh n W , O&m , in his/her capacity as the WBId obnd&
of Goodwill Industries of South Texas, Inc., a Texas non- profit corporation, on behalf of
the corporation.
Notary Public, State of Texas
w` o aAY PUe�a� DEBRA H. 1011,
Notary Public, State. of Texas
- My Commission Expires
March 31, 2013
�
fill.
� `
CoC Agmt Goodwill 2010 Fed Grant Page 12 of 12
EXHIBIT
¢." ' NEN7p F
Q Q V , yo at of Housing and Urban Developm
* i * a Office of Community Planning and Developme
106 South St. Mary's Street
0 San Antonio, TX 78205
$ �N D EV °
Grant Number: TX0024B6J011003
Project Name: TX -501 - REN - Goodwill Industries of South Texas, Inc. WORK 2000
Total Award Amount: $142,720
Component: SSO
Recipient: City of Corpus Christi
Official Contact Person and Title: Cindy O'Brien, Director of Finance
Telephone Number: (361) 826 -3604
Fax Number: (361) 844 -1740
E -mail Address: cindyo@cctexas.com
EIN/Tax ID Number: 74- 6000574
DUNS Number. 069457786
Effective Date: MAY 0' 2011
Project Location(s):s
2010 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of Housing
and Urban Development (HUD) and the Recipient, which is described in section 1 of
Attachment A, attached hereto and made a part hereof.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term
"gran t" or to fiords" means the assistance provided under this Agreement. This grant
agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583,
which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding
Availability (NOFA), that was published in two parts. The first part was the Policy Requirements
and General Section of the NOFA, which was published June 11, 2010, at 75 FR 33323, and the
second part was the Continuum of Care Homeless Assistance Programs section of the NOFA,
which is located at http://www.bud.gov/offices/adm/grants/nofalO/gipcoc.cfm. The term
"Application" means the application submission on the basis of which HUD, including the
certifications and assurances and any information or documentation required to meet any grant
award conditions, on the basis of which HUD approved a grant. The Application is incorporated
herein as part of this Agreement, however, in the event of a conflict between any part of the
Application and any part of the Grant Agreement, the latter 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 term specified at section 3 of Attachment A.
www.hud.gov espanol.hud.gov Page 1
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 Homeless Management Information System
(HMIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities in
any unit assisted with grant funds.
The Recipient agrees to draw grant funds at least quarterly.
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 project
through the use of the Low - Income Housing Tax Credit. The Recipient or project
sponsor shall be the general partner of a limited partnership formed for that purpose. If
grant funds were used for acquisition, rehabilitation or construction, then, throughout a
period of twenty years from the date of initial occupancy or the initial service provision,
the Recipient or project sponsor shall continue as general partner and shall ensure that the
project is operated in accordance with the requirements of this Grant Agreement, the
applicable regulations and statutes. Further, the said limited partnership shall own the
project site throughout that twenty -year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be twenty years,
but shall be for the term of the grant agreement and any renewal thereof. 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 the Attachment A provisions,
noncompliance with the Act or Attachment B provisions, any other material breach of the Grant
Agreement, or misrepresentations in the application submissions which, if known by HUD, would
have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence
of any such default and the provision of a reasonable opportunity to respond, HUD may take one
or more of the following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
(b) issue a letter of warning advising the Recipient of the default, establishing a date by
which corrective actions must be completed and putting the Recipient on notice that
more serious actions will be taken if the default is not corrected or is repeated; or
( direct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the affected
activity; or
www.hud.gov espanol.hud.gov Page 2
(e) reduce or recapture the grant; or
(f) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute Recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary or permanent injunctions and any other available
remedies.
No delay or omission by HUD in exercising any right or remedy available to it under this
Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in
any Recipient default.
The Grantee shall comply with requirements established by the Office of Management an d
Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS),
the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal
Identifier and Central Contractor Registration, 75 Fed, Reg. 55671 (Sept. 14, 2010)(to be
codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding
Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010)
(to be codified at 2 CFR part 170).
This Grant Agreement constitutes the entire agreement between the parties hereto, and
may be amended only in writing executed by HUD and the Recipient. More specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift more
than 10 percent of funds from one approved type of eligible activity to another without the prior
written approval of HUD. The effective date of this Grant Agreement shall be the date of
execution by HUD, except with prior written approval by HUD.
www.hud.gov espanol.hud.gov Page 3
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
6'& U + f' t'7 g sir
Print name of signatory
Title
RECIPIENT
-0•r
Eddie Ortega
Print name of signatory
Director NSD /Community Development
Title
www.hud.gov espanol.hud.gov Page 4
City of Zorpus Christi
Name of Organization
ATTACHMENT A
1. The Recipient is City of Corpus Christi.
2. HUD's total fund obligation for this project is $142,720, which shall be allocated as follows:
a. Leasing $0
b. Supportive services $136,720
c. Operating costs $0
d. HMIS $0
e. Administration $6,000
3. Although this agreement will become effective only upon the execution hereof by both parties,
upon execution, the term of this agreement shall run from the end of the Recipient's final operating
year under the original Grant Agreement or, if the original Grant Agreement was amended to
extend its term, the term of this agreement shall run from the end of the extension of the original
Grant Agreement term for a period of twelve (12) months. Eligible costs, as defined by the Act
and Attachment B, incurred between the end of Recipient's final operating year under the original
Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant.
www.hud.gov espanol.hud.gov Page 5
Olt. of Asst. Secy., Comm. Planning, Develop.. HUD
583.5 Definitions.
§583.1
Subpart B— Assistance Provided
583.100 Types and uses of assistance.
589.105 Grants for acquisition and rehabili-
tation_
583.110 Grants for new construction.
583.115 Grants for leasing.
583.120 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing, supportive services. and oper-
ating costs.
583.135 Administrative costs.
583.140 'Technical assistance.
583,145 Matching requirements.
583.150 Limitations on use of av istance.
583.155 Consolidated plan.
Subpart C— Application and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D— Program Requirements
589.300 General operation.
583.305 Terra of commitment; repayment of
grants; prevention of undue benefits.
503.310 Displacement, relocation, and acqui-
sition.
583.315 Resident rent.
583.320 Site Control,
5&3.325 Nondiscrimination and equal oppor-
tunity requirements.
583.330 Applicability of other Federal re-
quirements.
Subpart E— Adminisimlion
583A00 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobligation of funds.
AUTHORITY: 42 U.S.C. 11389 and 3535(d).
SouRCE: 58 Flt 13871, Afar. 15. 1993, unless
otherwise noted.
Subpart A— General
PART 583 — SUPPORTIVE HOUSING
PROGRAM
Subpart A— General
See.
585.1 Purpose and scope.
§ 583.1 Purpose and scope.
(a) General. The Supportive Housing
Program is authorized by title IV of
the Stewart B. McKinney Homeless As-
sistance Act (the McKinney Act) (42
U.S.C. 11381- 11389). The Supportive
Housing program is designed to pro-
mote the development of supportive
housing and supportive services, in-
eluding innovative approaches to assist
homeless persons in the transition
from homelessness, and to promote the
251
§583.5
provision of supportive housing
homeless persons to enable them
live as independently as possible.
24 CFR Ch. V (4-1-09 Edition)
to Homeless person means an individual
to or family that is described in section
103 of the McKinney Act (42 U.S.C.
11302).
Metropolitan city is defined in section
102(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 for
an entitlement grant under 24 CFR
part 570, subpart D.
New construction means the building
of a structure where none existed or an
addition to an existing structure that
increases the floor area by more than
100 percent.
Operating costs is defined in section
422(5) of the McKinney Act (42 U.S.C.
11382(5)).
Outpatient health services is defined in
section 422(6) of the McKinney Act (42
U.S.C. 11382(6)),
Permanent housing for homeless persons
with disabilities is defined in section
424(c) of the McKinney Act (42 U.S.C.
11384(c)).
Private nonprofit organization is de-
fined in section 422(7) (A), (B), and (D)
of the McKinney Act (42 U.S.C. 11382(7)
(A), (B), and (D)). The organization
must also have a functioning account-
ing system that is operated in accord-
ance with generally accepted account-
ing principles, or designate an entity
that will maintain a functioning ac-
counting system for the organization
in accordance with generally accepted
accounting principles.
Project is defined in sections 422(8)
and 424(d) of the McKinney Act (42
U.S.C. 11382(8). 11384(d)).
Recipient is defined in section 422(9) of
the McKinney Act (42 U.S.C. 11382(9)).
Rehabilitation means the improve-
ment or repair of an existing structure
or an addition to an existing structure
that does not increase the floor area by
more than 100 percent. Rehabilitation
does not include minor or routine re-
pairs.
State is defined in section 422(11) of
the McKinney Act (42 U.S.C. 11382(11)),
Supportive housing is defined in sec -
tion 424(a) of the McKinney Act (42
U.S.C. 11384(a)).
Supportive services is defined in sec-
tion 425 of the McKinney Act (42 U.S.C.
11385).
(b) Components. Funds 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
long -term housing for homeless persons
with disabilities;
(3) Housing that is, or is part of, a
particularly innovative project for, or
alternative methods of, meeting the
immediate and long -term needs of
homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunction
with supportive housing.
[58 FR 13871. Max. 15. 1993, as amended at 61
FR 51175. Sept. 30, 1996]
§ 583.5 Definitions.
As used in this part:
:Applicant is defined in section 422(1)
of the McKinney Act (42 U.S.C.
11382(1)). For purposes of this defini-
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 CFR part
91.
Date of initial occupancy means the
date that the supportive housing is ini-
tially occupied by a homeless person
for whom HUD provides assistance
under this part. If the assistance is for
an existing homeless facility, the date
of initial occupancy is the date that
services are first provided to the resi-
dents of supportive housing with fund-
ing under this part.
Date of initial service provision means
the date that supportive services are
initially provided with funds under this
part to homeless persons who do not
reside in supportive housing. This defi-
nition applies only to projects funded
under this part that do not provide sup-
portive housing.
Disability is defined in section 422(2)
of the McKinney Act (42 U.S.C.
11382(2)).
252
Ofc. of Asst. Secy., Comm. Planning, Develop„ HUD
Transitional housing is defined in sec-
tion 424(b) of the McKinney Act (42
U.S.C. 11364(b)). See also §583.300(j).
Tribe is defined in section 102 of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
Urban county is defined in section
102(a)(6) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302(a)(6)). In general, urban counties
are those counties that are eligible for
an entitlement grant under 24 CFR
part 570, subpart D.
(61 FR 51175, Sept. 30, 1996]
Subpart B— Asslstance Provided
§583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in the
form of grants is available for acquisi-
tion of structures. rehabilitation of
structures, acquisition and rehabilita-
tion of structures, new construction,
leasing, operating costs for supportive
housing, and supportive services, as de-
scribed in §§583.105 through 583.125. Ap-
plicants may apply for more than one
type of assistance.
(b) Uses of grant assistance. Grant as-
sistance may be used to:
(1) Establish new supportive housing
facilities or new facilities to provide
supportive services;
(2) Expand existing facilities in order
to increase the number of homeless
persons served;
(3) Bring existing facilities up to a
level that meets State and local gov-
ernment health and safety standards;
(4) Provide additional supportive
services for residents of supportive
housing or for homeless persons not re-
siding in supportive housing;
(5) Purchase HUD -owned single fam-
ily properties currently leased by the
applicant for use as a homeless facility
under 24 CPR part 291; and
(6) Continue funding supportive hous-
ing where the recipient has received
funding under this part for leasing,
supportive services, or operating costs.
(c) Structures used for multiple pur-
poses. Structures used to provide sup-
portive housing or supportive services
may also be used for other purposes,
except that assistance under this part
will be available only in proportion to
the use of the structure for supportive
housing or supportive services.
§583.110
(d) Technical assistance, HUD may
offer technical assistance, as described
in §M.140.
[58 FR 13871, Max. 15, 1993, as amended at 59
FR 36891, July 19, 19941
§ 583.105 Grants for acquisition and
rehabilitation.
(a) Use. HUD will grant funds to re-
cipients to:
(1) Pay a portion of the cost of the
acquisition of real property selected by
the recipients for use in the provision
of supportive housing or supportive
services, including the repayment of
any outstanding debt on a loan made
to purchase property that has not been
used previously as supportive housing
or for supportive services;
(2) Pay a portion of the cost of reha-
bilitation of structures, including cost -
effective energy measures, selected by
the recipients to provide supportive
housing or supportive services; or
(3) Pay a portion of the cost of acqui-
sition and rehabilitation of structures,
as described in paragraphs (a)(1) and (2)
of this section.
(b) Amount. The maximum grant
available for acquisition, rehabilita-
tion, or acquisition and rehabilitation
is the lower of:
(1) $200,000; or
(2) The total cost of the acquisition,
rehabilitation, or acquisition and reha-
bilitation minus the applicant's con-
tribution toward the cost.
(c) Increased amounts. In areas deter-
mined by HUD to have high acquisition
and rehabilitation costs, grants of
more than $200.000, but not more than
$400,000, may be available.
§ 583.110 Grants for new construction.
(a) Use. HUD 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 construction, the applicant must
demonstrate that the costs associated
with new construction are substan-
tially less than the costs associated
with rehabilitation or that there is a
lack of available appropriate units that
could be rehabilitated at a cost less
than new construction. For purposes of
253
§583.115
this cost comparison, costs associated
with rehabilitation or new construc-
tion may include the cost of real prop-
erty acquisition.
(b) Amount. The maximum grant
available for new construction is the
lower of:
(1) $400,000; or
(2) The total cost of the new con-
struction, including the cost of land as-
sociated with that construction, minus
the applicant's contribution toward the
cost of same.
§ 583.115 Grants for leasing,.
(a) General. HUD will provide grants
to pay (as described in §583.130 of this
part) for the actual costs of leasing a
structure or structures, or portions
thereof, used to provide supportive
housing or supportive services for up to
five years.
(b)(1) Leasing 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 being
charged in the area for comparable
space. In addition, the rent paid may
not exceed rents currently being
charged by the same owner for com-
parable space.
(2) Leasing individual units. 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 charged by the same owner for
comparable unassisted units, and the
portion 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 the non - recipient
Landlord for any damages to leased
units by homeless participants.
(58 FR 13871, Max. 15, 1993, as amended at 59
FR 36891, July 19, 1994]
§583.120 Grants for supportive serv-
ices costs.
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) Supportive services costs. Costs as-
sociated with providing supportive
services include salaries paid to pro-
viders of supportive services and any
other costs directly associated with
providing such services. For a transi-
tional housing project, supportive serv-
ices costs also include the costs of serv-
ices provided to former residents of
transitional housing to assist their ad-
justment to independent living. Such
services may be provided for up to six
months after they leave the transi-
tional housing facility.
(58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36891, July 19, 19941
§ 583.125 Grants for operating costs.
(a) General. HUD will provide grants
to pay a portion (as described in
§583.130) of the actual operating costs
of supportive housing for up to five
years.
(b) Operating costs. Operating costs
are those associated with the day -to-
day operation of the supportive hous-
ing. They also include the actual ex-
penses that a recipient incurs for con-
ducting on -going assessments of the
supportive services needed by residents
and the availability of such services;
relocation assistance under §583.310, in-
cluding payments and services; and in-
surance.
(c) Recipient match requirement for op-
erating costs. Assistance for operating
costs will be available for up to 75 per-
cent of the total cost in each year of
the grant term. The recipient must pay
the percentage of the actual operating
costs not funded by HUD. At the end of
each operating year, the recipient must
demonstrate that it has met its match
requirement of the costs for that year.
L58 FR 13871, Mar. 15, 1993, as amended at 61
FR 51175, Sept. 30, 1996; 65 FR 3U82ii, Mav 12,
X00]
§583.130 commitment of grant
amounts for leasing, supportive
services, and operating costa
(a) General. HUD will provide grants Upon execution of a grant agreement
to pay (as described in §583.130 of this covering assistance for leasing, sup -
part) for the actual costs of supportive portive services, or operating costs,
services for homeless persons for up to HUD will obligate amounts for a period
five years. All or part of the supportive not to exceed five operating years. The
254
01c. of Asst. Secy., Comm. Planning, Develop., HUD §583.150
total amount obligated will be equal to
an amount necessary for the specified
years of operation, less the recipient's
share of operating costs.
(Approved by the Office of Management and
Budget under OMB control number 2596 -6112)
(59 F"R. 3%91, July 19, 19941
HUD may advertise and competitively
select providers to deliver technical as-
sistance. HUD may enter into con-
tracts, grants, or cooperative agree-
ments, when necessary, to implement
the technical assistance.
[59 FR 36852, July 19,19%]
§583.135 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) Administrative costs. Administra-
tive costs include the costs associated
with accounting for the use of grant
funds, preparing reports for submission
to HUD, obtaining program audits,
similar costs related to administering
the grant after the award, and staff sal-
aries associated with these administra-
tive costs. They do not include the
costs of carrying out eligible activities
under §J583.105 through 583.125.
[58 FR 13871, Mar. 15, 1993, as amended at 61
FR 51175, Sept. 36, 19951
§503.140 Technical. assistance.
(a) General. HUD may set aside funds
annually to provide technical assist-
ance, either directly by HUD staff or
indirectly through third -party pro-
viders, for any supportive housing
project. This technical assistance is for
the purpose of promoting the develop-
ment of supportive housing and sup-
portive services as part of a continuum
of care approach, including innovative
approaches to assist homeless persons
in the transition from homelessness,
and promoting the provision of sup-
portive housing to homeless persons to
enable them to live as independently as
possible.
(b) Uses of technical assistance. HUD
may use these funds to provide tech-
nical assistance to prospective appli-
cants, applicants, recipients, or other
providers of supportive housing or serv-
ices for homeless persons, for sup-
portive housing projects. The assist-
ance may include, but is not limited to,
written information such as papers,
monographs, manuals, guides, and bro-
chures; person -to- person exchanges;
and training and related costs.
(c) Selection of providers. From time
to time, as HUD determines the need,
§ 583.145 Matching requirements.
(a) General. The recipient must
match the funds provided by HUD for
grants for acquisition, rehabilitation,
and new construction with an equal
amount of funds from other sources.
(b) Cash resources. The matching
funds must be cash resources provided
to the project by one or more of the
following: the recipient, the Federal
government, State and local govern-
ments, and private resources, in ac-
cordance with 42 U.S.C. 11386. This
statute provides that a recipient may
use funds from any source, including
any other Federal source (but exclud-
ing the specific statutory subtitle from
which Supportive Housing Program
funds are provided), as well as State,
local, and private sources, provided
that funds from the other source are
not statutorily prohibited to be used as
a match. It is the responsibility of the
recipient to ensure that any fonds used
to satisfy the matching requirements
of this section are eligible under the
laws governing the funds to be used as
matching funds for a grant awarded
under this program.
(c) Maintenance of effort. State or
local government funds used in the
matching contribution are subject to
the maintenance of effort requirements
described at §583.150(a).
[58 FR 1387]., Mar. 15, 1993, as amended at 73
FR 75326, Dec. 11, 2668]
§ 583.150 Limitations on use of assist-
ance.
(a) Maintenance of effort. No assist-
ance provided under this part (or any
State or local government funds used
to supplement this assistance) may be
used to replace State or local funds
previously used, or designated for use,
to assist homeless persons.
(b) Faith -based activities. (1) Organiza-
tions that are religious or faith based
are eligible, on the same basis as any
other organization, to participate in
255
§583.155
the Supportive Housing Program. Nei-
ther the Federal government nor a
State or local government receiving
funds under Supportive Housing pro-
grams shall discriminate against an or-
ganization on the basis of the organiza-
tion's religious character or affiliation.
(2) Organizations 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 programs or services
funded under this pant. If an organiza-
tion conducts such activities, the ac-
tivities must be offered separately, in
time or location, from the programs or
services funded under this part, and
participation must be voluntary for the
beneficiaries of the HUD- funded pro-
grams of services.
(3) A religious organization that par-
ticipates in the Supportive Housing
Program will retain its independence
from Federal, State, and local govern-
ments, and may continue to carry out
its mission, including the definition,
practice, and expression of its religious
beliefs, provided that it does not use di-
rect Supportive Housing Program
funds to support any inherently reli-
gious activities, such as worship, reli-
gious instruction, or proselytization.
Among other things, faith -based orga-
nizations may use space in their facili-
ties to provide Supportive Housing
Program - funded services, without re-
moving religious art, icons, scriptures,
or other religious 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 board
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 on the basis of religion or
religious belief.
(5) Program funds may not be used
for the acquisition, construction, or re-
habilitation of structures to the extent
that those structures are used for in-
24 CFR Ch. V (4-1-09 Edition)
herently religious activities. Program
funds may be used for the acquisition,
construction, or rehabilitation of
structures only to the extent that
those structures are used for con-
ducting eligible activities under this
Part. Where a structure is used for both
eligible and inherently religious activi-
ties, program funds may not exceed the
cost of those portions of the acquisi-
tion, construction, or rehabilitation
that are attributable to eligible aotivi-
ties in accordance with the cost ac-
counting requirements applicable to
Supportive Housing Program funds in
this part. Sanctuaries, chapels, or
other rooms that a Supportive Housing
Program- funded religious congregation
uses as its principal place of worship,
however, are ineligible for Supportive
Housing Program- funded improve-
ments. Disposition of real property
after the term of the grant, or any
change in use of the property during
the term of the grant, is subject to gov-
ernment- wide regulations governing
real property disposition (see 24 CFR
parts 84 and 85).
(6) If a State or local government vol-
untarily contributes its own funds to
supplement federally funded activities,
the State or local government has the
option to segregate the Federal funds
or commingle them. However, if the
funds are commingled, this section ap-
plies to all of the commingled funds.
(c) Participant control of site. Where an
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-
[58 FR 138'71, Mar, 15, 1993, as amended at 59
FR =92, July 19, 1993; 68 FR 56407, Sept. 30,
20031
# 583.155 Consolidated plan.
(a) Applicants that are States or units
of general local government. The appli-
cant must have a Hl1D- approved com-
plete or abbreviated consolidated plan,
in accordance with 24 CFR part 91, and
256
Ofc. of Asst. Secy., Comm. Planning, Develop., HIED
must submit a certification that the
application for funding is consistent
with the HUD- approved consolidated
Plan. Funded applicants must certify in
a grant agreement that they are fol-
lowing the HUD - approved consolidated
plan,
(b) Applicants that are not States or
units of general local government. The
applicant must submit a certification
by the jurisdiction in which the pro-
posed project will be located that 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 91,
subpart F.
(c) Indian tribes and the Insular Areas
of Guam, the U.S. Virgin Islands, Amer-
ican Samoa, and the Northern Mariana
Islands. These entities are not required
to have a consolidated plan or to make
consolidated plan certifications. An ap-
plication by an Indian tribe or other
applicant for a project that will be lo-
cated on a reservation of an Indian
tribe will not require a certification by
the tribe or the State. However, where
an Indian tribe is the applicant for a
project that will not be located on a
reservation, the requirement for a cer-
tification under paragraph (b) of this
section will apply.
(d) Timing of consolidated plan certifi-
cation submissions. Unless otherwise set
forth in the NOFA, the required certifi-
cation that the application for funding
is consistent with the HUD - approved
consolidated plan must be submitted
by the funding application submission
deadline announced in the NOFA.
[60 FR 16360, mar. 30, 19951
Subpart C— Application and Grant
Award Process
§583.200 Application and grant award.
When funds are made available for
assistance, HUD will publish a notice
of funding availability (NOFA) in the
FEDERAL REGISTER, in accordance with
the requirements of 24 CPR part 4. HUD
will review and screen applications in
accordance with the requirements in
§583.230
section 426 of the McKinney Act (42
U.S.C. 11386) and the guidelines, rating
criteria, and procedures published in
the NOFA.
[61 FR 51176, Sept. 30, 1996]
§ 583.M 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 50 of this title
prior to its approval of any condi-
tionally selected applications for Fis-
cal Year 2000 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 would be subject to re-
view under part 58, HUD may make a
finding in accordance with § 58.11(d) and
may itself perform the environmental
review under the provisions of part 50
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
accord with part 50) performs the envi-
ronmental review, the recipient shall
supply all available, relevant informa-
tion necessary for the responsible enti-
ty (or HUD, if applicable) to perform
for each property any environmental
review required by this part. The re-
cipient also shall carry out mitigating
measures required by the responsible
entity (or HUD, if applicable) or select
alternate eligible property. HUD may
eliminate from consideration any ap-
plication that would require an Envi-
ronmental Impact Statement (EIS).
(b) The recipient, its project partners
and their contractors may not acquire,
rehabilitate, convert, lease, repair, dis-
pose of, demolish or construct property
for a project under this part, or com-
mit or expend HUD or local funds for
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 58 and the environ-
mental certification and RROF have
been approved or HUD has performed
an environmental review under part 50
and the recipient has received HUD ap-
proval of the property. HUD will not
257
§583.235 24 CFR Ch. V (4 -1-09 Edition)
release grant funds if the recipient or
any other party commits grant funds
(i.e., incurs any costs or expenditures
to be paid or reimbursed with such
funds) before the recipient submits and
HUD approves its RROF (where such
submission is required).
['GB FR 56131, Sept. 29. 2003]
§583.235 Renewal grants.
(a) General. Grants made under this
part, and grants made under subtitles
C and D (the Supportive Housing Dem-
onstration and SAFAH, respectively) of
the Stewart S. McKinney Homeless As-
sistance Act as in effect before October
28. 1982, may be rep ewed on a non-
competitive basis to 'continue ongoing
leasing, operations,; and supportive
services for additional years beyond
the initial funding period. To be con-
sidered for renewal funding for leasing,
operating costs, or supportive services,
recipients must submit a request for
such funding in the farm specified by
HUD, must meet the requirements of
this part, and must. submit requests
within the time period established by
HUD.
(b) Assistance available. The first re-
newal will be for a period of time not
to exceed the difference between the
end of the initial funding period and
ten years from the date of initial occu-
pancy or the date of initial service pro-
vision, as applicable. Any subsequent
renewal will be for a period of time not
to exceed five years. Assistance during
each year of the renewal period, sub-
ject to maintenance of effort require-
ments under §583.150(x) may be 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
(31 An allowance for cost increases.
(c) HUD 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 renewal unless
the recipient proposes to serve a popu-
lation that is not homeless, or the re-
cipient has not shown adequate
progress as evidenced by an unaccept-
ably slow expenditure of funds, or the
recipient has been unsuccessful in as-
sisting participants in achieving and
maintaining independent living. In de-
termining the recipient's success in as-
sisting participants to achieve and
maintain independent living, consider-
ation will be given to the level and
type of problems of participants. For
recipients with a poor record of suc-
cess, HUD will also consider the recipi-
ent's willingness to accept technical
assistance and to make changes sug-
gested by technical assistance pro-
viders. Other factors which will 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 mismanagement on the
part of the recipient, a drastic 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 reject a
request from any organization with an
outstanding obligation to HUD that is
in arrears or for which a payment
schedule has not been agreed to, or
whose response to an audit finding is
overdue or unsatisfactory.
(3) HUD will notify the recipient in
writing that the request has been ap-
proved or disapproved.
(Approved by the Office of Management and
Budget under control number 2506 -0112)
Subpart D— Program Requirements
§ 588.300 General operation.
(a) State and local requirements. Each
recipient of assistance under this part
must provide housing or services that
are 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 housing or services.
(b) Habitability standards. Except for
such variations as are proposed by the
recipient and approved by HUD, sup-
portive housing must meet the fol-
lowing requirements:
(1) Structure and materials. The struc-
tures must be structurally sound so as
not to pose any threat to the health
258
Ofc. of Asst. Sect'., Comm. Planning, Develop., HUD
and safety of the occupants and so as
to protect the residents from the ele-
ments.
(2) Access. The housing must be acces-
sible and capable of being utilized
without unauthorized use of other pri-
vate properties. Structures must pro-
vide alternate means of egress in case
of fire.
(3) Space and security. Each resident
must be afforded adequate space and
security for themselves and their be-
longings. Each resident must be pro-
vided an acceptable place to sleep.
(4) Interior air quality. Every room or
space must be provided with natural or
mechanical ventilation. Structures
must be free of pollutants in the air at
levels that threaten the health of resi-
dents.
(5) /'hater supply. The water supply
must be free from contamination.
(6) Sanitary facilities. Residents must
have access to sufficient sanitary fa-
cilities that are in proper operating
condition, may be used in privacy, and
are adequate for personal cleanliness
and the disposal of human waste.
(7) Thermal environment. The housing
must have adequate heating and/or
cooling facilities in proper operating
condition.
(8) Illumination and electricity. 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
sanitary manner.
(lo) Sanitary condition. The housing
and any equipment must be maintained
in sanitary condition.
(11) Fire safety. (i) Each unit must in-
clude at least one battery - operated or
hard -wired smoke detector, in proper
working condition, on eaeb occupied
level of the unit. Smoke detectors
must be located, to the extent prac-
ticable, in a hallway adjacent to a bed-
room. If the unit is occupied by hear-
ing- impaired persons, smoke detectors
must have an alarm system designed
$ 583.300
for hearing - impaired persons in each
bedroom occupied by a hearing -im-
paired person.
(ii) The public areas of all housing
must 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 rooms, day care centers,
hallways, stairwells, and other com-
mon areas.
(c) Meals. Each recipient of assist-
ance under this part who provides sup-
portive housing for homeless persons
with disabilities must provide meals or
meal preparation facilities for resi-
dents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance
under this part must conduct an ongo-
ing assessment of the supportive serv-
ices required by the residents of the
project and the availability of such
services, and make adjustments as ap-
propriate.
(e) Residential supervision. Each re-
cipient of assistance under this part
must provide residential supervision as
necessary to facilitate the adequate
provision of supportive services to the
residents of the housing throughout
the term of the commitment to operate
supportive housing. Residential super-
vision may include the employment of
a full- or part -time residential super-
visor with sufficient knowledge to pro-
vide or to supervise the provision of
supportive services to the residents.
(f) Participation of homeless persons. (1)
Each recipient must provide for the
participation of homeless persons as re-
quired in section 426(g) of the McKin-
ney Act (42 U.S.C. 11386(g)). This re-
quirement is waived if an applicant is
unable to meet it and presents a plan
for HUD approval to otherwise consult
with homeless or formerly homeless
persons in considering and making
policies and decisions. See also
§583.330(e).
(2) Each recipient of assistance under
this part must, to the maximum extent
practicable, involve homeless individ-
uals and families, through employ-
ment, volunteer services, or otherwise,
in constructing, rehabilitating, main-
taining, and operating the project and
259
§583.305
in providing supportive services for the
project.
(g) Records and reports. Each recipient
of assistance under this part must keep
any records and make any reports (in-
cluding those pertaining to race, eth-
nicity, gender, and disability status
data) that HUD may require within the
timeframe required.
(h) Confidentiality. Each recipient
that provides family violence preven-
tion or treatment services must de-
velop and implement procedures to en-
sure:
(1) The confidentiality of records per-
taining to any individual services; and
(2) That the address or location of
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.
W Termination of housing assistance.
The recipient may terminate assist-
ance to a participant who violates pro-
grain requirements. Recipients should
terminate assistance only in the most
severe cases. Recipients may resume
assistance to a participant whose as-
sistance was previously terminated. In
terminating assistance to a partici-
pant, the recipient must provide a for-
mal process that recognizes the rights
of individuals receiving assistance to
due process of law. This process, at a
minimum, must consist of;
(1) Written notice to the participant
containing a clear statement of the
reasons for termination:
(2) A review of the decision, in which
the participant is given the oppor-
tunity, to present written or oral objec-
tions before a person other than the
person (or a subordinate of that person)
who made or approved the termination
decision; and
(3) Prompt written notice of the final
decision to the participant.
(j) Limitation of stay in transitional
housing. A homeless individual or fam-
ily may remain in transitional housing
for a period longer than 24 months, if
permanent housing for the individual
or family has not been located or if the
individual or family requires addi-
tional time to prepare for independent
living. However, HUD may discontinue
assistance for a transitional housing
project if more than half of the home-
24 CFR Ch. V (4—"9 Edl8on)
less individuals or families remain in
that project longer than 24 months.
(k) Outpatient health services. Out-
patient health services provided by the
recipient must be approved as appro-
priate by HUD and the Department of
Health and Human Services (HHS).
Upon receipt of an application that
proposes the provision of outpatient
health services, HUD will consult with
HHS with respect to the appropriate-
ness of the proposed services.
(1) Annual assurances. Recipients who
receive assistance only for leasing, op-
erating costs or supportive services
costs must provide an annual assur-
ance for each year such assistance is
received that the project will be oper-
ated for the purpose specified in the ap-
plication.
(Approved by the Office of Management and
Budget under control number 2506 -0112)
[58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36892, July 19, 1994; 61 FR 51176, Sept. 30,
1996]
§ 685.305 Term of commitment; repay-
ment ment of grants; prevention of undue
benefits.
(a) Term of commitment and conversion.
Recipients must agree to operate the
housing or provide supportive services
in accordance with this part and with
sections 423 (b)(1) and (b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(1),
11383(b)(3)).
(b) Repayment of grant and prevention
of undue benefits. In accordance with
section 423(c) of the McKinney Act (42
U.S.C. 113M(c)), HUD will require re-
cipients to repay the grant unless HUD
has authorized conversion of the
project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3)).
(61 YR 51176, Sept. 30, 1996)
§ 583.310 Displacement, relocation, and
acquisition.
(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 persons (families, individuals,
businesses, nonprofit organizations,
and farms) as a result of supportive
housing assisted under this part.
260
Ofc. of Asd. Secy., Comm. Planning, Develop., HUD §583.310
(b) Relocation assistance for displaced
persons. A displaced person (defined in
Paragraph (f) of this section) must be
provided relocation assistance at the
levels described in, and in accordance
with, the requirements of the Uniform
Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970
(URA) (42 U.S.C. 4601-4655) and imple-
menting regulations at 49 CPR part 24.
(C) Real property acquisition require-
ments. The acquisition of real property
for supportive housing is subject to the
URA and the requirements described in
49 CFR part 24, subpart B.
(d) Responsibility of recipient. (1) The
recipient must certify (i.e., provide as-
surance of compliance) that it will
comply with the URA, the regulations
at 49 CFR part 24, and the requirements
of this section, and must ensure such
compliance notwithstanding any third
party's contractual obligation to the
recipient to comply with these provi-
sions.
(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 costs. Such costs
also may be paid for with local public
funds or funds available from other
sources.
(3) The recipient must maintain
records in sufficient detail to dem-
onstrate compliance with provisions of
this section.
(e) Appeals. A person who disagrees
with the recipient's determination con-
cerning whether the person qualifies as
a "displaced person," or 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 deter-
mination on his or her appeal may sub-
mit a written request for review of that
determination to the HUD field office.
(f) Definition of displaced person. (1)
For 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
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 person in control of the
site) issues a vacate notice, or refuses
to renew an expiring lease in order. to
evade the responsibility to provide re-
location assistance, if the move occurs
on or after the date the recipient sub-
mits to HUD the application or appli-
cation amendment designating the
project site.
(ii) Any person, including a person
who moves before the date described in
paragraph (f)(1)(i) of this section, if the
recipient or HUD determines that the
displacement resulted directly from a,
quisition, rehabilitation, or demolition
for the assisted project.
(iii) A tenant- occupant of a dwelling
unit who moves permanently from the
building /complex on or after the date of
the "initiation of negotiations" (see
paragraph (g) of this section) if the
move occurs before the tenant has been
provided written notice offering him or
her the opportunity to lease and oc-
cupy a suitable, decent, safe and sani-
tary dwelling in the same building/
complex, under reasonable terms and
conditions, upon completion of the
project. Such reasonable terms and
conditions must include a monthly
rent and estimated average monthly
utility costs that do not exceed the
greater of:
(A) The tenant's monthly rent before
the initiation of negotiations and esti-
mated average utility costs, or
(B) 30 percent of gross household in-
come. If the initial rent is at or near
the maximum, there must be a reason-
able basis for concluding at the time
the project is initiated that future rent
increases will be modest.
(iv) A tenant of a dwelling who is re-
quired to relocate temporarily, but
does not return to the buildingicom-
plex, if either:
(A) A tenant is not offered payment
for all reasonable out -of- pocket ex-
penses incurred in connection with the
temporary relocation, or
(B) Other conditions of the tem-
porary relocation are not reasonable.
261
$ 583.315
(v) A tenant of a dwelling who moves
from the buildingicomplex perma-
nently after he or she has been re-
quired to move to another unit in the
same building /complex, if either:
(A) The tenant is not offered reim-
bursement for all reasonable out -of-
pocket expenses incurred in connection
with the move; or
(S) 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 "displaced
person" (and is not eligible for reloca-
tion assistance under the URA or this
section), if:
(1) The person has been evicted for se-
rious or repeated violation of the terms
and conditions of the lease or occu-
pancy agreement, violation of applica-
ble Federal, State, or local or tribal
law, or other good cause, and HUD de-
termines that the eviction was not un-
dertaken for the purpose of evading the
obligation to provide relocation assist-
ance;
(ii) The person moved into the prop-
erty after the submission of the appli-
cation and, before signing a lease and
commencing occupancy, was provided
written notice of the project, its pos-
sible impact on the person (e.g., the
person may be displaced, temporarily
relocated, or suffer a rent increase) and
the fact that the person would not
qualify as a "displaced person" (or for
any assistance provided under this sec-
tion), if the project is approved;
(iii) The person is ineligible under 49
CFR 24.2(g)(2); or
(iv) HUD determines that the person
was not displaced as a direct result of
acquisition, rehabilitation, or demoli-
tion for the project.
(3) The recipient may request, at any
time, HUD's determination of whether
a displacement is or would be covered
under this section.
(g) Definition of initiation of negotia-
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 rehabili-
tation, demolition, or acquisition of
the real property, the term "initiation
of negotiations" means the execution
24 CFR Ch. V (4 -1-W Edition)
of the agreement between the recipient
and HUD.
(h) Definition of project. For purposes
of this section, the term "project"
means an undertaking paid for in
whole or in part with assistance under
this part. Two or more activities that
are integrally related, each essential to
the others, are considered a single
project, whether or not all component
activities receive assistance under this
part.
158 FR 13871, 141ar. 15, 1993, as amended at 59
,Flt 36892, July 19, 19941
§583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be
required to pay as rent an amount de-
termined by the recipient which may
not exceed the highest of
(1) 30 percent of the family's monthly
adjusted income (adjustment factors
include the number of people in the
family, age of family members, medical
expenses and child care expenses). The
calculation of the family's monthly ad-
justed income must include the ex-
pense deductions provided in 24 CFR
5.611(a), and for persons with disabil-
ities, the calculation of the family's
monthly adjusted income also must in-
clude the disallowance of earned in-
come as provided in 24 CFR 5.617, if ap-
plicable;
(2) 10 percent of the family's monthly
gross income; or
(3) If the family is receiving pay-
ments for welfare assistance from a
public agency and 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 costs, the
portion of the payment that is des-
ignated for housing costs.
(b) Use of rent. Resident rent may be
used in the operation of the project or
may be reserved, in whole or in part, to
assist residents of transitional housing
in moving to permanent housing.
(c) Fees. In addition to resident rent,
recipients may charge residents rea-
sonable fees for services not paid with
grant funds.
[58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36'&92, July 19, 1994; 66 FR 6225, Jan. 19,
20011
262
Oic. of Asst. Sect'., Comm. Planning, Develop., HUD
§583.32e Site control,
(a) Site control. (:1) Where grant funds
will be used for acgixisition, rehabilita-
tion, or new construction to provide
supportive housing or supportive serv-
ices, or where grant funds will be used
for operating costs of supportive hous-
ing, or where grant funds will be used
to provide supportive services except
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.g., through a deed,
lease, executed contract of sale). If
such site control is not demonstrated
within one year after initial notifica-
tion of the award of assistance under
this part, the grant will be deobligated
as provided in paragraph (c) of this sec-
tion.
(2) Where grant funds will be used to
lease all or part of a structure to pro-
vide supportive housing or supportive
services, or where grant funds will be
used to lease individual housing units
for homeless persons who will eventu-
ally control the units, site control need
not be demonstrated.
(b) Site change. (1) A recipient may
obtain ownership or control of a suit-
able site different from the one speci-
fied in its application. Retention of an
assistance award is subject to the new
site's meeting all requirements under
this part for suitable sites.
(2) If the acquisition, 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 for all additional costs. If the re-
cipient is unable to demonstrate to
HUD that it is able to provide for the
difference in costs, HUD may
deobligate the award of assistance.
(c) Failure to obtain site control within
one 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.
583.325 Nondiscrimination and equal
opportunity requirements.
(a) General. Notwithstanding the per-
missibility of proposals that serve des-
§ 583.325
ignated populations of disabled home-
less persons, recipients serving a des-
ignated population of disabled home-
less persons are required, within the
designated population, to comply with
these requirements for nondiscrimina-
tion on the basis of race, color, reli-
gion, sex, national origin. age, familial
status, and disability.
(b) Nondiscrimination and equal oppor-
tunity requirements. The nondiscrimina-
tion and equal opportunity require-
ments set forth at part 5 of this title
apply to this program. The Indian Civil
Rights Act (25 U.S.C. 1301 et seq.) ap-
plies to tribes when they exercise their
powers of self - government, and to In-
dian housing authorities (IRAs) when
established by the exercise of such
powers. when an IHA is established
under State law, the applicability of
the Indian Civil Rights Act will be de-
termined on a case -by -case basis.
Projects subject to the Indian Civil
Rights Act must be developed and oper-
ated in compliance with its provisions
and all implementing HUD require-
ments, instead of title VI and the Fair
Housing Act and their implementing
regulations.
(c) Procedures. (1) If the procedures
that the recipient intends to use to
make known the availability of the
supportive housing are unlikely to
reach persons of any particular race,
color, religion, sex, age, national ori-
gin, familial status, or handicap who
may qualify for admission to the hous-
ing, the recipient must establish addi-
tional procedures that will ensure that
such persons can obtain information
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) Accessibility requirements. The re-
cipient must comply with the new con-
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 504 as follows:
(1) All new construction must meet
the accessibility requirements of 24
263
§ 583.330
CFR 8.22 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(a). Other rehabilitation must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871, Max. 15, 199a, as amended at 59
FR 33894, .tune 30, 1994; 61 FR 5310, Feb. 9,
1996, 61 FR 51176, Sept. 30. 1996]
§ 583.330 Applicability of other Federal
requirements.
In addition to the requirements set
forth in 24 CPR part 5, use of assistance
Provided under this part must comply
with the following Federal require-
ments:
(a) Flood insurance. (1) The Flood Dis-
aster Protection Act of 1973 (42 U.S.C.
400111128) prohibits the approval of ap-
plications for assistance for acquisition
or construction (including rehabilita-
tion) for supportive housing located in
an area identified by the Federal Emer-
gency Management Agency (FEMA) as
having special flood hazards, unless:
(i) The community in which the area
is situated is participating in the Na-
tional Flood Insurance Program (see 44
CFR parts 59 through 79), or less than
a year has passed since FEMA notifica-
tion regarding such hazards; and
(ii) Flood insurance is obtained as a
condition of approval of the applica-
tion.
(2) Applicants with supportive hous-
ing located in an area identified by
FEMA as having special flood hazards
and receiving assistance for acquisition
or construction (including rehabilita-
tion) are responsible for assuring that
flood insurance under the National
Flood Insurance Program is obtained
and maintained.
(b) The Coastal Barrier Resources
Act of 1982 (16 U.S.C. 3501 et .seq.) may
apply to proposals under this part, de-
pending on the assistance requested.
(c) Applicability of 0JVB Circulars. The
policies, guidelines, and requirements
of OMB Circular No. A-87 (Cost Prin-
ciples Applicable to Grants, Contracts
and Other Agreements with State and
Local Governments) and 24 CFR part 85
apply to the award, acceptance, and
use of assistance under the program by
governmental entities, and OMB Cir-
24 CFR Ch. V (4-1-09 Edition)
cular Nos. A -110 (Grants and Coopera-
tive Agreements with Institutions of
Higher Education, Hospitals, and Other
Nonprofit Organizations) and A-122
(Cost Principles Applicable to Grants.
Contracts and Other Agreements with
Nonprofit Institutions) apply to the ac-
ceptance and use of assistance by pri-
vate nonprofit organizations, except
where inconsistent with the provisions
of the McKinney Pict, other Federal
statutes, or this part. (Copies of OMB
Circulars may be obtained from E.O.P.
Publications, room 2200, New Executive
Office Building, Washington, DC 20503,
telephone (202) 395 -7332. (This is not a
toll -free number.) There is a limit of
two free copies.
(d) Lead - based paint. 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 imple-
menting regulations at part 35, sub-
parts A, B, J, K, and R of this title
apply to activities under this program.
(e) Conflicts of interest. (1) In addition
to the conflict of interest requirements
in 24 CPR part 85, no person who is an
employee, agent, consultant, officer, or
elected or appointed official of the 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 regard to such activi-
ties, may obtain a personal or financial
interest or benefit from the activity, or
have an interest in any contract, sub-
contract, or agreement with respect
thereto, or the proceeds thereunder, ei-
ther for himself or herself or for those
with whom he or she has family or
business ties, during his or her tenure
or for one year thereafter. Participa-
tion by homeless individuals who also
are participants under the program in
policy or decisionmaking under
§583.300(f) does not constitute a con-
flict of interest.
(2) Upon the written request of the
recipient, HUD may grant an exception
to the provisions of paragraph (e)(1) of
this section on a case -by -case basis
when it determines that the exception
will serve to further the purposes of
the program and the effective and effi-
cient administration of the recipient's
264
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.405
Project. An exception may be consid-
ered only after the recipient has pro-
vided the following:
(i.) For States and other govern-
mental entities, a disclosure of the na-
ture of the conflict, accompanied by an
assurance that there has been public
disclosure of the conflict and a descrip-
tion of how the public disclosure was
made: and
(h) For all recipients, an opinion of
the recipient's attorney that the inter-
est for which the exception is sought
would not violate State or local law.
(3) In determining whether to grant a
requested exception after the recipient
has satisfactorily met the requirement
of paragraph (e)(2) of this section, HUD
will consider the cumulative effect of
the following factors, where applicable:
(I) Whether the exception would pro-
vide a significant cost benefit or an es-
sential degree of expertise to the
project which would otherwise not be
available;
(ii) Whether the person affected is a
member of a group or class of eligible
persons and the exception will permit
such person to receive generally the
same interests or benefits as are being
made available or provided to the
group or class;
(iii) Whether 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 position as described in para-
graph (e)(1) of this section;
(v) Whether undue hardship will re-
sult either to the recipient or the per-
son affected when weighed against the
public interest served by avoiding the
prohibited conflict; and
(vi) Any other relevant consider-
ations.
(f) Audit. The financial management
systems used by recipients under this
program must provide for audits in ac-
cordance with 24 CFR part 44 or part 45,
as applicable. HUD may perform or re-
quire additional audits az it finds nec-
essary or appropriate.
(g) Davis -Bacon Pict. The provisions
of the Davis -Bacon Act do not apply to
this program.
[.58 YR. 13871, Max. 15, 1993, as amended at 61
FR 5211, Feb. 9, 1996, 64 FR 50226, Sept. 15,
1999]
Subpart E— Administration
§ 583.400 Grant agreement.
(a) General. The duty to provide sup-
portive housing or supportive services
in accordance with the requirements of
this part will be incorporated in a
grant agreement executed by HUD and
the recipient.
(b) Enforcement. HUD will enforce the
obligations in the grant agreement
through such action as may be appro-
priate, including repayment of funds
that have already been disbursed to the
recipient.
1583.406 Program changes.
(a) HUD approval. (1) A recipient may
not make any significant changes to an
approved program without prior HUD
approval. Significant changes include,
but are not limited to, a change in the
recipient, a change in the project site,
additions or deletions in the types of
activities listed in §583.100 of this part
approved for the program or a shift of
more than 10 percent of funds from one
approved type of activity to another,
and a change in the category of partici-
pants to be served. Depending on the
nature of the change, HUD may require
a new certification of consistency with
the consolidated plan (see §583.155).
(2) Approval for changes is contin-
gent upon the application ranking re-
maining high enough after the ap-
proved chafe to have been competi-
tively selected for funding in the year
the application was selected.
(b) Documentation of other changes.
Any changes to an approved program
that do not require prior HUD approval
must be fully documented in the recipi-
ent's records.
[58 FR 13871. Mar. 15, 1993, as amended at 61
FR ,51176, Sept. 30, 19961
265
§583.410
§ 585.410 Obligation and deobligation
of funds.
(a) Obligation of funds. When HUD and
the applicant execute a grant agree-
ment, funds are obligated to cover the
amount of the approved assistance
under subpart B of this part. The re-
cipient will be expected to carry out
the supportive housing or supportive
services activities as proposed in the
application.
(b) Increases. After the initial obliga-
tion of funds, HUD will not make revi-
sions to increase the amount obligated.
(c) Deobligation. (1) HUD may
deobligate all or parts of grants for ac-
quisition, rehabilitation, acquisition
and rehabilitation, or new construc-
tion:
(i) If the actual total cost of acquisi-
tion, rehabilitation, acquisition and re-
habilitation, or new construction is
less than the total cost anticipated in
the application; or
(ii) If proposed activities for which
funding was approved are not begun
within three months or residents do
not begin to occupy the facility within
nine months after grant execution.
(2) HUD may deobligate the amounts
for annual leasing costs, operating
costs or supportive services in any
year-
(i) If the actual leasing costs, oper-
ating costs or supportive services for
that year are less than the total cost
anticipated in the application; or
(ii) If the proposed supportive hous-
ing operations are not begun within
three months after the units are avail-
able for occupancy.
(3) The grant agreement may set
forth in detail other circumstances
under which funds may be deobligated,
and other sanctions may be imposed.
(4) HUD may:
(i.) Iteadvertise t e a:vailab=lity of
funds that have been deobligated under
this section in a notice of fund avail-
ability under §583.200, or
(ii) Award deobligated funds to appli-
cations previously submitted in re-
sponse to the most recently published
notice of fund availability, and in ac-
cordance with subpart C of this part.
266
24 CFR Ch. V {4x1-09 Mon)
T
EXHIBIT B
INSURANCE REQUIREMENTS
I. Subrecipient's Liability Insurance
A. Subrecipient must not commence work under the 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
the Agreement copies of Certificates of Insurance with applicable policy endorsements, 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.
TYPE OF INSURANCE
MINIMUM INSURANCE, COVERAGE
30 -Day written notice of cancellation, s required on all
Bodily Injury and Property Damage
certificates or by policy endorsements
Per occurrence - Aggregate
COMMERCIAL GENERAL LIABILITY including:
$1 Combined Single Limit
1. Commercial Broad Form
2. Premises - Operations
1 Products/ Completed Operations Hazard
4. Contractual Liability
5. Independent Contractor
6. Personal injury
FIRE and EXTENDED COVERAGE
At a minimum, amount sufficient to cover the
replacement cost of facilities and/ or building
City to be named as loss payee using standard loss
payee clause.
C. In the event of accidents of any kind, Subrecipient must furnish the Risk Manager with copies of all
reports of such accidents within 10 days of the accident.
II. Additional Requirements
A. Subrecipient's financial integrity is of interest to the City; therefore, subject to Subrecipient's right to
maintain reasonable deductibles in such amounts as are approved by the City, Subrecipient shall obtain
and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at
Subrecipient's sole expense, insurance coverage written on an occurrence basis, by companies
authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less
than A- Vil.
B. The City shall be entitled, upon request and without expense, to receive copies of the policies,
declarations page and all endorsements thereto as they apply to the limits required by the City, and may
require the deletion, revision, or modification of particular policy terms, conditions, limitations or
exclusions (except where policy provisions are established by law or regulation binding upon either of
the parties hereto or the underwriter of any such policies). Subrecipient shall be required to comply with
any such requests and shall submit a copy of the replacement Certificate of Insurance to the City at the
r d i
address provided below within 10 days of the requested change. Subrecipient shall pay any costs
incurred resulting from said changes. All notices under this Article shall be given to City at the following
address:
City of Corpus Christi
Attn: Risk Management
P.O. Box 9277
Corpus Christi, TX 78469 -9277
(361) 826 -4555 Fax #
C. Subrecipient agrees that, with respect to the above required insurance, all insurance policies are
to contain or be endorsed to contain the following required provisions:
• Name the City and its officers, officials, employees, volunteers, and elected representatives as
additional insured by endorsement, as respects operations and activities of, or on behalf of, the
named insured performed under contract with the City;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus
Christi where the City is an additional insured shown on the policy; and
• Provide thirty (30) calendar days advance written notice directly to City of any suspension,
cancellation, non- renewal or material change in coverage and not less than ten (10) calendar days
advance written notice for nonpayment of premium.
D. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Subrecipient
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall
have the option to suspend Subrecipient's performance should there be a lapse in coverage at any time
during the Agreement. Failure to provide and to maintain the required insurance shall constitute a
material breach of the Agreement.
E. In addition to any other remedies the City may have upon Subrecipient's failure to provide and maintain
any insurance or policy endorsements to the extent and within the time herein required, the City shall
have the right to order Subrecipient to stop work hereunder and/or withhold any payment(s) which
become due to Subrecipient under the Agreement until Subrecipient demonstrates compliance with the
requirements hereof.
F. Nothing herein contained shall be construed as limiting in anyway the extent to which Subrecipient may
be held responsible for payments of damages to persons or property resulting from Subrecipient's or its
subcontractors' performance of the work covered under the Agreement.
G. It is agreed that Subrecipient's insurance shall be deemed primary and non- contributory with respect to
any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under the Agreement.
H. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in the Agreement.
2011 Continuum of Care Subrecipient Agreements ins. req.
6 -28 -11 ep Risk Mgmt.
EXHIBIT C
STATE OF TEXAS
COUNTY OF NUECES
Date: �l 1� - / I
COC COMPLIANCE AFFIDAVIT
§ KNOW ALL BY THESE PRESENTS:
Affiant: C ad i 111 G� i � r � �S O Sd t l e i S T c.
Continuum of Care Grant Subrecipient y
I, Jo 1A) , bww
, am the a i(bfif
O-nc
W (title)
&6112LI141 D
�Cldh_ MB
Inc- .
, a Texas nonprofit
corporation, which has applied for and been awarded Continuum of Care ( "COC ") Grant
Program funds administered by the City of Corpus Christi ( "City "). Prior to the start of the
project for which COC funds have been awarded, as the representative of the above -
named subrecipient organization ( "Subrecipient "), I met with City staff and received copies
of the following Federal rules and regulations:
OMB Circular A-1 02 24 CFR Part 1, .3, 5, 8, 24, 35, 45, 84, 85, 107, 135
and 146, as applicable
OMB Circular A -110 24 CFR 583
OMB Circular A -122 41 CFR 60.1 and 60.4, as applicable
OMB Circular A -133
By execution of this affidavit, I attest that I have received the above- listed Federal rules and
regulations, City staff has explained the rules and regulations, and I understand the
Subrecipient's obligations of performance under the rules and regulations. Furthermore, I
acknowledge that there may be additional Federal rules and regulations, beyond the rules
and regulations listed above, to which the Subrecipient may be subject to and with which
the Subrecipient must comply, in accordance with Federal laws.
Signed: te
SWORN �TO AND SUBSCRIBED before me this the 13 day of
=Ju , 2011. v, 1 /„
DEBRA H. BOYLE I
Notary Public, State of Tex'
My Commission Expires
March 31, 2013
Public, State of Texas
Affiant, on oath, swears the following statements are true:
}
EXHIBIT D
City CITY OF CORPUS CHRISTI
Corpus
Chris 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. 1
COMPANY NAME: 6 oC�d w / I f 149ctu n -s D paih T,,
P. O. Box: 1 / ►
STREET ADDRESS: 2 W 5 . t l CITY: Y LC S o 5h zip VL/05
FIRM IS: 1. Corporation EEY 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ b. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
� Name Job Title and City Department (if known)
2. State the names of each 'official" of the City of Corpus Christi having an "ownership interest'
constituting 3% or more of the ownership in the above named "firm."
Name -` Title
3. State the names of each "board member" of the City of Corpus Christi having an 'ownership
interest' constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
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."
e , I Name — Consultant
Page l of 2
FILING REQUIREMENTS
If a person who request official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the action will
have on members of the public in general or a substantial segment thereof, you shall disclose that fact in
a signed writing to the City official, employee or body that has been requested to act in the matter, unless
the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in
a signed writing filed with the City Secretary. [Ethics Ordinance Section 2- 349 (d)]
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I have not
knowingly withheld disclosure of any information requested; and that supplemental statements will be
promptly submitted to the City of Corpus Christi, Texas as changes occur.
Certifying Person: Joh n W 0 Wg r
Signature of ( Certifying Person: Y• �
Title: ` �S t 0-nCL It v
Date. q - 0 -11
DEFINITIONS
a. "Board member." A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b. "Economic benefit." An action that is likely to affect an economic interest if it is likely to have
an effect on that interest that is distinguishable from its effect on members of the public in
general or a substantial segment thereof.
c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or
part-time basis, but not as an independent contractor.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or
commercial, and whether established to produce or deal with a product or service, including
but not limited to, entities operated in the form of sole proprietorship, as self- employed
person, partnership, corporation, joint stock company, joint venture, receivership or trust,
and entities which for purposes of taxation are treated as non- profft organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of
the City of Corpus Christi, Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in
a firm, including when such interest is held through an agent, trust, estate, or holding entity.
"Constructively held" refers to holdings or control established through voting trusts, proxies,
or special terms of venture or partnership agreements."
g. "Consultant. "Any person or firm, such as engineers and architects, hired by the City of
Corpus Christi for the purpose of professional consultation and recommendation.
Page 2 of 2
City of
Corpus
N = 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:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or an employee of any agency, a
member of congress, an officer or employee of congress, or an employee of a member of congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a member of congress,
an officer or employee of congress, or an employee of a member of congress in connection with this
federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
with this a Standard Form -11, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
�
nature
Joh r) Al r b tybq
Print Name of Authorized Individual
7 -0 -P
Date
�odvi I -TJnCL. r) 6 o souk I� O6, roc...
rganization Name