(a) TDHCA will withhold a portion of funds from the
competition for funds to be used for continuing awards to prior Subrecipients
of its ESG allocation, not including ESG CARES or Contracts for reallocated
funds from prior years only, in accordance with §7.33 of this
subchapter (related to Apportionment of ESG Funds).
(b) ESG funds withheld for continuing awards by the
Department will be allocated in accordance with the Allocation Formula,
and are not subject to the award process and requirements outlined
in §7.38 of this subchapter (relating to Competitive Award and
Funding Process).
(c) The subsequent years of allocation of ESG funds
received by the Department will be offered to eligible Subrecipients
of ESG funds (not including ESG CARES) that were awarded funds from
at least three of the prior four allocations of ESG. An ESG Subrecipient
is eligible for an offer of a continuing award of funds if the Subrecipient
meets the following requirements:
(1) Submits an abbreviated Application for funding
within 21 days of the request from the Department as promulgated by
the Department;
(2) Resolves administrative deficiencies within the
timeframe and in the manner outlined in §7.37 of this subchapter
(relating to Application Review and Administrative Deficiency Process
for Department NOFAs);
(3) Submitted four or fewer delinquent monthly reports
for each of their active ESG Contracts or for the most recently closed
ESG Contract if there are no active ESG Contracts, (not including
ESG CARES) for reports due in the six month period preceding the application
submission deadline;
(4) Satisfies the requirements of the Previous Participation
Review as provided for in §1.302 of this title (relating to Previous
Participation Reviews for Department Program Awards Not Covered by §1.301
of this Subchapter);
(5) Does not have unresolved monitoring findings in
any TDHCA funded program after the corrective action period;
(6) Does not have monitoring findings in any TDHCA
funded program which resulted in disallowed costs in excess of $5,000;
(7) Does not apply for funds within the same COC Region
under the competitive Application process for Program Participant
service(s) in which they are already funded for a Continuing Award;
(8) Expended a minimum of 95% of their contracted award
amount, as amended in their most recently closed ESG Contract (not
including ESG CARES);
(9) Did not voluntarily deobligate an amount that exceeds
5% of their contracted award amount, as amended for increases due
to reallocated funds, on their most recently closed ESG Contract (not
including ESG CARES); and
(10) Is approved by the Department's Governing Board.
(d) Any offer of ESG funds made under this section
is contingent on retaining similar terms and conditions or agreeing
to adjustments reflective of funding amount, including but not limited
to performance and match requirements, in the active ESG annual Contract
issued under a NOFA.
(e) Offers of funding will be based on the prior year's
award, excluding Contracts comprised exclusively of reallocated funds,
before amendments, and will be proportionally increased or decreased
in proportion to the total amount of ESG funds available subject to
the allocation formula.
(f) If additional funds are made available due to reduced
continuing awards in the region, awards may be increased proportionate
to the increased withheld funds. In any event, an increased award
from funds made available from reduced awards may not exceed 115%
of the award amount under the allocation or the maximum award amount
established in the NOFA.
(g) Funds that remain available after all eligible
continuing awards have been accepted will be transferred to the competition
for funds for the regional competition in accordance with §7.38
of this subchapter.
(h) Percentages identified in this section will not
be rounded up to the nearest whole number.
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