Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter C - EMERGENCY SOLUTIONS GRANTS (ESG) › Section 7.36 - General Threshold Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications
				  submitted to the Department are subject to general threshold criteria.
				  Applications which do not meet the general threshold criteria or which cannot
				  resolve an administrative deficiency related to general threshold criteria are
				  subject to termination. Applicants applying directly to the Department to
				  administer the ESG Program must submit an Application on or before the
				  deadlines specified in the NOFA, notification of a direct Subgrant, or
				  notification of availability of a continuing award, and must include items in
				  paragraphs (1) - (13) of this subsection:
(1)
				  Application materials as published by the Department including, but not limited
				  to, program description, budget, and performance statement.
(2) An ESG budget that does not exceed the
				  total amount available within the CoC region, other geographic limitation,
				  Subgrant, or offer of continuing award, as applicable.
(3) A copy of the Applicant's written
				  standards that comply with the requirements of
				  24 CFR §
												576.400 and certification of compliance with
				  these standards. Any occupancy standard set by the Subrecipient must not
				  conflict with local regulations or Texas Property Code §
											92.010.
(4) A copy of the Applicant's policy for
				  termination of assistance that complies with the requirements of
				  24 CFR §
												576.402 and certification of compliance with
				  these standards.
(5) A Service Area
				  which consists of at least the entirety of one county or multiple counties
				  within the CoC region under which Application is made, unless a CoC region does
				  not include an entire county. When the CoC region does not encompass at least
				  the entirety of one county, the Service Area must encompass the entire CoC
				  region. The Service Area selected within an Application must be fully contained
				  within one CoC region.
(6)
				  Commitment in the budget to the provision of 100% Match, or request for a Match
				  waiver, as applicable. Match waivers will be considered by the Department based
				  on the rank of the Application. Applicants requesting an award of funds in
				  excess of the minimum award amount as described in the NOFA for Program
				  Participant services are not eligible to request or receive a Match waiver. In
				  the event that the Match waivers requested exceed $100,000, the waivers will be
				  considered only for the highest scoring eligible Applications, subject to
				  availability of excess Match provided by ESG Applicants. Applicants that do not
				  receive the waiver and are unable to provide a source of Match will be
				  ineligible for an ESG award.
(7)
				  Applicant certification of compliance with State and federal laws, rules and
				  guidance governing the ESG Program as provided in the Application.
(8) Evidence of a Unique Entity Identifier
				  (UEI) number for Applicant.
(9)
				  Documentation of existing Section 501(c) tax-exempt status, as
				  applicable.
(10) Completed previous
				  participation review materials, as outlined in Chapter 1, Subchapter C of this
				  title (relating to Previous Participation), for Applicant.
(11) Local government approval per
				  24 CFR §
												576.202(a)(2) for an
				  Applicant that will be providing shelter activities with ESG or as ESG Match,
				  as applicable. This documentation must be submitted not later than 30 calendar
				  days after the Application submission deadline as specified in the NOFA, or
				  prior to execution of a Contract for Subrecipients subject to a direct
				  Subgrant, or continuing award. Receipt of the local government approval is a
				  condition prior to the Department obligating ESG funding.
(12) A resolution or other governing body
				  action from the Applicant's direct governing body which includes:
(A) Authorization of the submission of the
				  Application;
(B) Title of the
				  person authorized to represent the entity and who also has signature authority
				  to execute a Contract; and
(C) Date
				  that the resolution was passed by the governing body, which must be not older
				  than 12 months preceding the date the Application is submitted.