(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.
(b) An Application must be substantially complete when
received by the Department. An Application may be terminated if the
Application is so unclear or incomplete that a thorough review cannot
reasonably be performed, as determined by the Department. Such Application
will be terminated without being processed as an administrative deficiency.
Specific reasons for a Department termination will be included in
the notification sent to the Applicant but, because the termination
may occur prior to completion of the full review, will not necessarily
include a comprehensive list of all deficiencies in the Application.
Termination of an Application may be subject to §1.7 of this
title (relating to Appeals Process).
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