Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009 Page: 369
299-392 p. ; 28 cm.View a full description of this periodical.
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indicated otherwise and will be included in the written agreement, if
awarded funds:
i) Cash Reserve: Each awarded applicant will be required to expend
funds according to program guidelines and request funds from the De-
partment for eligible expenses. Every Applicant must evidence the
ability to administer the program and commit adequate cash reserves
of at least one month of rent for the number of households proposed
to serve as stated in the application to facilitate administration of the
program during the Department's disbursement process. Cash reserves
are not permanently invested in the project but are used for short term
deficits that are reimbursed by program funds. Evidence of this com-
mitment and the amount must be included in the Applicant's resolution
and budget.
ii) Resolution: All applications submitted must include an original res-
olution from the Applicant's direct governing body, authorizing the
submission of the Application, commitment and amount of cash re-
serves for use during the contract period, naming of a person and the
person's title authorized to represent the organization and signature au-
thority to execute a contract. If an Applicant that is a nonprofit organi-
zation is requesting a waiver of the grant application fee, they must do
so in the resolution, and must state that the nonprofit organization offers
expanded services such as child care, nutrition programs, job training
assistance, health services, or human services. The resolution must be
signed and dated within the six months preceding the application dead-
line date.
iii) Description of Demand: It will be a threshold requirement to sub-
mit a narrative that describes in detail the demand evidenced for the
proposed number of units to be assisted in the proposed service area.
Source data, calculations and assumptions must be included.
iv) VRA Self Sufficiency Program: It will be a threshold requirement
for each Applicant to submit a proposed detailed Self Sufficiency Plan
and must describe the process for the transition of households to perma-
nent housing by the end of the thirty-six (36) month rental assistance
contract term. The documentation must describe the necessary com-
ponents for the overall plan proposed for transition of potential ten-
ants. This plan, like a case management plan, should detail the need
of the tenant, how these needs will be addressed including any agree-
ments with service providers who shall assist the tenant at meeting
these needs, and a proposed timeframe for completing those activities.
The plan must include:
A) A sample household budget which will utilize existing sources of
income such as employment, disability payments and other types of
support that details how the assisted household will afford to be self-
sufficient by the end of the thirty-six (36) month rental assistance.
B) If additional income is required to attain self-sufficiency, a plan for
attaining the required education or training, or a job search plan must
be included.
C) Specific housing goals that will be completed on or before the end
of the thirty-six (36) month assistance period include: finding perma-
nently subsidized housing, affordable market housing or other perma-
nent housing solutions. The plan should include the required steps such
as completing an application, approximate waiting time to get into the
type of housing desired and the cost of the housing to the tenant.
13) Application Review Process.
a) The application review process is described in 10 TAC 51.12.
b) Each application will be handled on a first-come, first-served basis
as further described in this section. Each application will be assigned
a "received date" based on the date and time it is physically received
by the Department. Then each application will be reviewed on its ownmerits as applicable. Applications will continue to be prioritized for
funding based on their "received date." Applications will be reviewed
for applicant and activity eligibility, and threshold criteria as described
in this NOFA.
c) All Applicants will be processed through the Department's Appli-
cation Evaluation System, and will include a previous award and past
performance evaluation. Poor past performance may disqualify an Ap-
plicant for a funding recommendation or the recommendation may in-
clude conditions.
d) Applicants Must Meet or Exceed Threshold Criteria.
i) The Department will ensure review of materials required under the
NOFA and Application Guide and will issue a notice of any Admin-
istrative Deficiencies within forty-five (45) days of the received date.
Applications with Administrative Deficiencies not cured within five (5)
business days, will be terminated and must reapply for consideration of
funds. Applications that have completed this Phase will be reviewed
for recommendation to the Board.
ii) If a submitted Application has an entire Volume of the application
missing; has excessive omissions of documentation from the Threshold
Criteria or Uniform Application documentation; or is so unclear, dis-
jointed or incomplete that a thorough review cannot reasonably be per-
formed by the Department, as determined by the Department, will be
terminated without being processed as an Administrative Deficiency.
e) Because Applications are processed in the order they are received by
the Department, it is possible that the Department will expend all avail-
able HTF funds before an Application has been completely reviewed.
If on the date an Application is received by the Department, no funds
are available under this NOFA, the Applicant will be notified that no
funds exist under the NOFA and the Application will not be processed.
f) The Department may decline to consider any Application if the pro-
posed activities do not, in the Department's sole determination, repre-
sent a prudent use of the Department's funds. The Department is not
obligated to proceed with any action pertaining to any Applications that
are received, and may decide it is in the Department's best interest to
refrain from pursuing any selection process. The Department reserves
the right to negotiate individual elements of any Application.
g) Funding recommendations of eligible Applicants will be presented
to the Department's Governing Board of Directors based on eligibility
and limited by the total amount of funds available under this NOFA
and the maximum award amount.
14) Appeals and Dispute Resolutions.
a) It is the Department's policy to encourage the use of appropriate
alternative dispute resolution procedures ("ADR") under the Govern-
mental Dispute Resolution Act, Chapter 2009, Texas Government
Code, to assist in resolving disputes under the Department's juris-
diction. As described in Chapter 154, Civil Practices and Remedies
Code, ADR procedures include mediation. Except as prohibited by
the Department's ex parte communications policy, the Department
encourages informal communications between Department staff and
Applicants, and other interested persons, to exchange information and
informally resolve disputes. The Department also has administrative
appeals processes to fairly and expeditiously resolve disputes. If
at anytime an Applicant or other person would like to engage the
Department in an ADR procedure, the person may send a proposal to
the Department's Dispute Resolution Coordinator.
b) For additional information on the Department's ADR Policy, see the
Department's General Administrative Rule on ADR at 10 TAC Chapter
1, Subchapter A, 1.17 and 2306.082, Texas Government Code.IN ADDITION January 16, 2009 34 TexReg 369
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Texas. Secretary of State. Texas Register, Volume 34, Number 3, Pages 299-392, January 16, 2009, periodical, January 16, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90835/m1/66/: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.