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HomeMy WebLinkAboutTechnical Submission-DO DO DD 00 00 DO -00' DQ 00 DO 00 DD _DG OD DD DQ DD —DDS DD _DD DDDD DD' Technical Submission for the 2008 D DD Supportive Housing Program DD OD an (Change in Project Sponsor) U.S. Department DD De artment of Housing and Urban Development oQOfce of Community Planning and Development ° �' Do Project Sponsor: City of Miami Project Name: Miami Metro Homeless Assistance 00 - DD Program South (MMHAP — South) oQ Do -fD0 Project Type: Supportive Services Only (SSO) Z Project Number: DO FL14B800040ON FLO1.9OB4DO00801 - DO P4lnJdic- DDE Do Submitted by Selectee: Lam DD °o Miami -Dade County Homeless 'frust 111 Northwest First Street, 27th Floor, Suite 310 Miami, Florida. 33128 Telephone Number: (305) 375-1490 19 Fax Number: (305) 375-2722 00 oD - 00 �o Doi Technical Project Number: FL0190B4D000801 / FL14B800040 Submission Project Identifier: FL14084 (CHANGE IN PROJECT SPONSOR) Recipient's Name: Miami -Dade County Homeless Trust HUD Project Number: Sponsor's Name: City of Miami June 1, 2009 — May 31, 2010 Miami Metro Homeless Assistance Program South (MMHAP-S) Check the program component/type that classifies your project: ® Supportive Housing ❑ Transitional Housing (TH) ❑ Permanent Housing for Homeless Persons with Disabilities (PH) ❑ Supportive Services Only (SSO) ❑ Safe Haven/Transitional Housing (SH/TH) — Characteristics of TH/participant not required to execute a lease ❑ Safe Haven/Permanent Housing (SH/PH) — Characteristics of PH/participant required to execute a lease ❑ Homeless Management Information System (HMIS) ❑ Innovative Supportive Housing (ISH) Table Of Contents (Enter the page number for each Exhibit in the space provided below.) Q Exhibit 1 Project Summary Q Exhibit 2 Supportive Services Q Letters of Match Commitment and Leveraging Certification: Name & Title of the Person who can answer questions about this document: Phone (include area code): Sergio Torres (305)576-9900 Address: 1490 NW 3rd Ave. Suite 105 Miami, Florida 33136 Email Address: stores a,miamiRov.com I hereby certify that all the information stated herein is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012-131 U.S.C. 3729, 3802) Name & Title of Authorized Official: Signature & Date: Sergio Torres Program Administrator -k,— <4 HUD -40090-3a 2 Project Number: FL0190B4D000801 / FL14B800040 Technical Project Identifier: FL14084 Submission Exhibit 1: Project Summary (cont.) (RENEWALS ONLY) A. Selectee, and Sponsor Information - Fill in the information requested below. For HMIS projects fill in the HMIS Lead. When the selectee is the same organization as the project sponsor, complete only the selectee information. Selectee Name Miami -Dade County, Homeless Trust Sponsor Name City of Miami Contact Person David Raymond, Director Contact Person Sergio Torres Phone (305) 375-1490 Phone (305) 576-9900 FAX Number (305) 375-2722 FAX Number (305) 576-9967 E -Mail Address Dra Qmiami-lode. ov E -Mail Address stones miamigov.com Street Address 111 N.W. I" Street, Suite 2710 Street Address 444 SW 2"d Avenue, 50 Floor City, State, Zip Miami, Florida 33128 City, State, Zip Miami, Florida 33130 HMIS Lead Miami -Dade County, Homeless Trust Contact Person Barbara Golphin Street Address 111 N.W_ I" Street, Suite 2710 Phone (305) 375-1490 City, State, Zip Miami, Florida 33128 E -Mail Address Rmgl Q,,miamidade.t7ov B. Project Budget - This section must be completed by all renewal selectees. 1. Chart 1 - Summary Project Budget To complete Chart 1, Summary Project Budget, enter the amount of SHP funds requested by line -item in the first column. For leasing, supportive services, operations, and HMIS, the amount entered should be for the SHP grant term selected. In the second column, enter the amount of other cash that will be contributed to the project. This amount plus the SHP request must equal the total budget amount for the project. Note that match requirements for supportive services, operating costs and HMIS apply to renewal projects. The amounts you enter are for all structures in your project. Each line item amount in this chart should match the amounts shown in your original application as approved or Exhibits 3. 4, 5 and 6. Requested grant term (1, 2, or 3 years): 1 Chart 1 - Summary Project Budget - *By law, SHP can pay no more than 80% of the total supportive services or total HMIS budget. **By law, SHP can pay no more than 75% of the total operating budget. 'Bylaw, SHP can pay no more than 5% of the total SHP request. 1ili1Z 11' 1 SHP Request Applicant Cash Total Project Budget 1. Real Property Leasing 2 Supportive Services* 132,180 33,045 165,227 3. erations** 4. HMIS* 5. SHP Request (subtotal lines 1 thru 4) 132,180 33,047 165,227 6. Administration*** (up to 5% of line 5) 6,609 6,609 7. Total SHP Request (total lines 5 and 6) 138,789 33,047 171,836 *By law, SHP can pay no more than 80% of the total supportive services or total HMIS budget. **By law, SHP can pay no more than 75% of the total operating budget. 'Bylaw, SHP can pay no more than 5% of the total SHP request. 1ili1Z 11' 1 Technical Submission Project Number: FL0190B4D000801 / FL14B800040 Submission Project Identifier: FL14084 Exhibit 4: Supportive Services A. Supportive Services Budget Chart 4A: Year 1 Total Supportive Service Expense (d) Service Activity. Community Outreach 59,811 59,811 Specialist 1 Quantity: 3.0 FTE @ $24,921 Annual salary plus taxes and fringe benefits = $74,764 Service Activity: Community Outreach 68,517 68,517 Specialist 2 Quantity: 3.0 FTE @ $28,548 Annual salary plus taxes and fringe benefits = $85,646 Service Activity: Communication for Outreach 1,191 1,191 Quantity: phone lines, cell phones, radios, network between office and outreach staff 51,489 Service Activity: Equipment & Related 1,190 1,190 Services Quantity: bottled water machines and services, copier machine, additional computer software and management equipment 51,489 Service Activity: Residential Stability follow- I 1 I I I 1 UP Quantity: Items needed to conduct follow up services of participants placed in various locations in the continuum of care $2 Service Activity: Postage & Related Services 280 280 Quantity: mailing of materials printing and reproduction, brochures etc. $350 Service Activity: Supplies 1,190 1,190 Quantity: safety equipment, first aid kits, sanitary supplies, pens, pencils, paper, markers etc $1,489 SHP REQUEST* 132,180 132,180 Selectee's Match (Line 1 l minus Line 9) 33,047 33,047 Total Supportive Services Budget 165,227 165,227 *The SHP request cannot be more than 80% of the total supportive services budget in Line 11. HUD -40090-3a 11 Project Number: FL0190B4D000801 / FL1413800040 Technical Project Identifier: F114084 Submission Exhibit 7: Administration (cont.) (all projects requesting administration funds) A. Administrative Costs Please complete the chart below for your administrative costs budget. If you are a selectee who will also be the project sponsor, complete Lines 1 through 6. If you are the selectee and a different organization will be the project sponsor, complete lines 1 through 8. In the first column, fill in the administrative activity to be paid for using SHP funds. In the Year 1 column, enter the amount of SHP funds to be used to pay administrative costs in the first year. If the grant is multi-year, enter the amount of SHP funds to be used for Year 2, and if applicable, Year 3. In the last column, (d), total the amount of SHP funds requested for the full grant term. Please ensure that the total requested for administrative costs for the entire grant term, Line 6, column (d), matches that which you entered in your project's Summary Budget in Exhibit 1. B. Plan for Distribution of Administration Funds If the selectee is not the same organization as the project sponsor, attach a description of the selectee's plan for distributing its administrative funding to address all, or a portion of the project sponsor's administrative needs. Include a description of how the project sponsor was consulted in formulating the plan. HUD -40090-3a 12 Year I Year 2 Year 3 Total Administrative Costs (a) (b) (c) (d) Administrative Activity: Miami -Dade County 3,305 3,305 Homeless Trust 2.5% for eligible activities including staff time spent reviewing / verifying maintaining and managing invoices for grant funds, audit of SHP funds, preparation of APR Administrative Activity: City of Miami 2.5% 3,304 3,304 eligible activities including preparation of Annual Progress Report, audit of SHP, staff time spent reviewing/verifying invoices for grant funds 4. Administrative Activity: 5. Administrative Activity: 6. SHP REQUEST FOR 6,609 6,609 ADMINISTRATIVE COSTS 7. Amount for Selectee 3,305 3,305 8. Amount for Project Sponsor 3,304 3,304 B. Plan for Distribution of Administration Funds If the selectee is not the same organization as the project sponsor, attach a description of the selectee's plan for distributing its administrative funding to address all, or a portion of the project sponsor's administrative needs. Include a description of how the project sponsor was consulted in formulating the plan. HUD -40090-3a 12 Project Number: FL0190B4D000801 / FL14B800040 Technical Project Identifier: FL14084 Submission Attachment: Budget Narrative The City of Miami is requesting funds for a change in project sponsor to renew in the one (1) year Program of 2008 for the Miami Metro Homeless Assistance Program South (MQvIHAP-S), will coordinate services in the current offices at North Dade area 1490 NW 3`d Avenue, Miami, Florida 33136 and add services in the South Dade area at the Homestead Homeless Assistance Center 28205 SW 125 Avenue, Homestead, Florida. The staff for this program will be located in the South Dade area location_ SUPPORTIVE SERVICES ONLY Service Activity: Community Outreach Specialist 1 and 2 include three (3) full time COS 1 staff members and three (3) full time COS 2 staff members Fringe Benefits: All fringe benefits are inclusive in the job title line -item in the budget and are figured at approximately: FICA/ MICA @ 7.65% Workmen Comp @ 8 % Medical and Dental Health Insurance (Range varies monthly therefore averaged). Communication for Outreach - phone lines, cell phones, radios, network between office and outreach staff Equipment & Related Services - bottled water machines and services, copier machine, additional computer software and management equipment Residential Stability follow-up - Items needed to conduct 7- day follow up services for participants placed in various locations in the continuum of care, including residential supplies — blankets, possible transportation needs. Postage & Related Services - mailing of materials printing and reproduction, brochures etc for the clients. Supplies: Safety equipment, first aid kits, sanitary supplies, stationary or office supplies etc Administration ($560.00): 5% administrative fee of the requested supportive services only funding is split equally between City of Miami and Miami -Dade County Homeless Trust, for eligible activities which include staff time spend reviewing, managing and maintaining the records of the invoices, preparation of the Annual Progress Report (APR) and audit of the SHP funds. HUD -40090-3a 14 Q-1t#v of ffl T- a M T- Thursday, August 21, 2008 David Raymond, Executive Director Miami -Dade County Homeless Trust 111 NW 1St Street, Suite 2710 Miami, FL 33130 PEDRO G. HERNANDEZ, P.E. City Manager RE: City of Miami / 2008 FL 14B800040 -Metro Miami Homeless Assistance Program Commitment of Matching Funds. Dear Mr. Raymond This letter is to certify that the City of Miami will provide a cash match in the amount of $33,047 for 2007 HUD SHP 2008 Grant. These funds will support the overall operations of the program, including the provision of outreach, assessments, referral and placements of homeless individuals in Miami -Dade County. The funds will be available upon the start of this SHAP contract. Please feel free to contact me at 305 576 9900 if you have any question or require any additional information. Sincerely, ySergio Torres, Administrator City of Miami, Metro Homeless Assistance Program HOMELESS TRUST OFFICE OF HOMELESS ASSISTANCE PROGRAMS 1490 NW 3rd Avenue, Suite #105, Miami, FL 33136/Phone: (305) 576-9900 Far: (305) 576-9970 Project Number: FL0190B4D000801 / FL14B800040 Technical Project Identifier: FL14084 Submission Exhibit 2. Real Property Leasing, Supportive Services, Operations and HMIS (RENEWALS ONLY) This exhibit covers Real Property Leasing, Supportive Services, Operations, HMIS as it pertains to Site Control, Match Documentation and other applicable Certifications. Please refer to the narrative under the New Projects Section of the Technical Submission for a more detailed explanation of each of the exhibits. Other sections in this exhibit may need to be completed if required by your local HUD Field Office. ALL RENEWAL GRANTEES/PROJECT SPONSORS MUST COMPLETE SITE CONTROL, MATCH DOCUMENTATION AND JOB AND ADMINISTRATION CERTIFICATIONS. If you are required to resubmit or complete the real property leasing, supportive services, operations or BMS exhibits, pull the charts from the pages of the New Projects Section of this technical submission that apply. For leasing use Exhibit 3 charts, supportive services use Exhibit 4 charts, operations use Exhibit 5 charts and HNIIS use Exhibit 6 charts. You do not have to complete the leveraging and administration exhibits for renewals. A. Site Control Check the appropriate box(es): Leasing ❑ Supportive Services ® Operations ❑ A project sponsor requesting renewal funding for an existing SHP project must complete the information below. No other site documentation is required for renewal projects. As a recipient of SHP funds, the CITY OF MIAMI (sponsor organization) currently has an executed lease agreement, or a deed or other proof of ownership for the property(ies) in use to house and/or provide services to homeless persons under HUD's existing grant number. In addition, sponsor organizations using SBP funds for leasing activities (,project sponsor, the conditional grantee, or their parent organizations -fill in the appropriate one-) do not own these leased site(s). This includes organizations that are members of a general partnership where the general partnership owns the structure(s), both parties are parts of the same governmental unit or the governmental unit creates an authority or similar entity to acquire and lease the facilities to the governmental unit and other parties, and no operating grant funds will be used for the payment of utilities, maintenance and repairs, or management fees associated with the leased site(s), under HUD's existing grant number. Signature of authorized representative Nance: Sergio Torres Title: Administrator Date: 04/08/09 HUD -40090-3a Technical Project Number: FL0190134D000801 / FL14B800040 Submission Project Identifier: FL14084 Exhibit 2. Real Property Leasing, Supportive Services, Operations and HMIS (RENEWALS ONLY) B. Documentation of Match for Year 1 Supportive Services ® Operations ❑ HMIS ❑ A selectee must currently have firm commitments for its cash resources for Year I for supportive services, operating costs and HMIS and must submit documentation of those resources as an attachment to this Exhibit. These firm commitments must be documented on letterhead stationery, signed and dated by an authorized representative, and attached to this Exhibit. Each letter must, at a minimum, contain the following elements: 1. The name of the organization providing the cash resource; 2. The amount; 3. The type of activity for which the funds will be used (e.g., case management, child care, education),- 4. ducation);4. The name of the project sponsor organization to which the cash will be contributed and/or the name of the project; and 5. The date the funds will be available. HUD -40090-3a 6 Technical Project Number: FL0190B4D000801 / FL14B800040 Submission Project Identifier: FL14084 Exhibit 2. Real Property Leasing, Supportive Services, Operations and HMIS (RENEWALS ONLY) C. Match Certification (continued) The City of Miami (selectee organization) certifies that it will provide cash resources in the amount of $33,047.00 from non -SBP funding sources for Year(s) 1 of this grant term to be used to provide HMIS, services and/or for operating costs of housing for homeless persons under HUD's grant number FL14B700029. Signature of authorized representative: --� Name (Print): Sergio Torres Title: Administrator Date: 04/08/09 D. Job Description Certification The City of Miami (selectee organization) certifies that the job responsibilities of each position as it relates to the project are the same as those indicated on the 2006 application budget chart(s)- If the position or responsibilities have changed, submit a new position description for the new or added position. Signature of authorized representative: Name (Printf: Sergio Torres Title: Administrator Date: 04/08/09 E. Administration Certification The City of Miami (selectee organization) certifies that funds are being used for eligible administrative costs. If the Distribution of Funds is not the same, a new/revised plan is submitted. Signature of authorized representative: Name (Print): Sergio Torres Title: Administrator Date: 04/08/09 HUD -40090-3a 7 COMMUNITY OUTREACH SPECIALIST I, HOMELESS ASSISTANCE PROGRAM Occupational Code: 9282 Salary Range: 04T Status: Temporary ELSA: Non -Exempt Established: 2/08 This is specialized work responsible for providing direct outreach and referral services to homeless individuals. An employee in this classification must be able to identify and engage homeless individuals in public places, under bridges, in abandoned buildings, and .other outdoor areas in an attempt to engage them in a non- threatening way; build relationships, and assist them in recognizing and defining their own service needs. Reports to a higher level administrator. Duties include, but are not limited to: working in a team setting engaging homeless individuals on. the streets, conducting outreach assessment to determine needs, and informing them of available services; providing referrals to the various homeless service provider; providing documentation in accordance with program standards; collaborating and coordinating services with other City Departments including but not limited to: NET Offices, MPD, Solid Waste and outside agencies such as shelters, substance abuse and mental health treatment programs; may assist with supervising and training staff, hiring, disciplinary actions and recommending terminations; and performing other related duties as required. An employee in this classification should have knowledge of available community services and programs; effective oral; written and interpersonal skills; ability to maintain effective working relationships with fellow employees, the public and representatives of other agencies, often under complex and stressful situations; ability to work independently, and exercise good professional judgment; and ability to prioritize multiple job responsibilities. REQUIREMENTS: High school graduation or equivalent and (6 months — 2 years) experience performing clerical, administrative or public contact work. Experience working with the homeless population is desirable. A Valid Driver's License from any state (Equivalent to a State of Florida Class E) may be utilized upon application, however prior to appointment a State of Florida Driver's License (Class E or higher) must be presented to the Department of Employee Relations. SPECIAL NOTE: - Must be willing to work flexible hours including evenings, weekends and nights. COMMUNITY OUTREACH SPECIALIST II HOMELESS ASSISTANCE PROGRAM Occupational Code: 9283 Salary Range: 05T Status: Temporary FLSA: Non -Exempt Established: 2/08 This is specialized work responsible for providing direct outreach and referral services to homeless individuals. An employee in this classification must be able to identify and engage homeless individuals in public places, under bridges, in abandoned buildings, and other outdoor areas in an attempt to engage them' in a non- threatening way, build relationships, and assist them in recognizing and defining their own service needs. This class is distinguished from the classification of Community Outreach Specialist 1 by the level independent judgment allowed and that this classification will be assigned the more difficult and complex assignments. Reports to a higher level administrator. Duties include, but are not limited to: working in a Team setting engaging homeless individuals on the streets, conducting outreach assessment to determine needs, and informing them of available services; providing referrals to the various homeless service providers; providing documentation in accordance with program standards; collaborating and coordinating services with other City Departments including but not limited to: NET Offices, MPD, Solid Waste and outside agencies such as shelters, substance abuse and mental health treatment programs, may assist with supervising and training staff, hiring, disciplinary actions and recommending terminations; an pe omimg o er re ate uties -asrNuixeci. - An employee in this classification should have knowledge of available community services and programs; effective oral, written and interpersonal sills; ability to maintain effective working relationships with fellow employees, the public and representatives of other agencies, often under complex and stressful situations; ability to work independently, and exercise good professional judgment; and ability to prioritize multiple job responsibilities. REQUIREMENTS: High school graduation or equivalent and (2 - 4 years) experience performing clerical, administrative or public contact work. Experience working with the homeless population is desirable. A Valid Drivel's License from any state (Equivalent to a State of Florida .Class E) may be utilized upon application, however prior to appointment a State of Florida Driver's License (Class E or higher) must be presented to the Department of Employee Relations. SPECIAL, NOTE: Must be willing to work flexible hours including evenings, weekends and nights. Subrecipient Agreement Attachment List SignatureI Attachment Required Title Attachment A U.S. HUD Grant Renewal Agreement includes: HUD designated Attachments A and B Attachment A-1 Sp e of Service ' Attachment A-2 Units/Bedrooms/Beds Chart and Participants Chart Attachment. A-3 Program Goals Attachment A4 Milestones (N/A for Renewal Grants) Attachment B Technical Submission Attachment C LOCCSNRS form HUD -27053A - Attachment C-1 Copy of Homeless Trust Invoice Attachment D FMS (HUD -40118) Monthly Progress Report Attachment E Program Rating of Satisfaction Attachment F Client Contribution Report Attachment G Annual Progress Re rt (APR) Attachment G-1 HMS (HUD40118) Annual Progress Report (APR) Signature Attachment H Request for Taxpayer Identification and Certification Signature Attachment i HUD form -400904 Applicant Certification Signature Attachment J Miami -Dade County Required Affidavits Signature Attachment K Affidavit Lobbyist Registration for Oral Presentation Signature Attachment L Disclosure of Subcontractors and Suppliers Signature Attachment M Subcontractor/ Suppliers Listing Signature Attachment N Section 3 Compliance Requirements Signature Attachment O Sworn Statement Pursuant to Florida Statutes Attachment P Provider Asset Inventory form if applicable Attachment Q Declaration of Restrictive Covenants if applicable Attachment Q-1 Declaration of Restrictions Attachment R Employee Certification Form Attachment S Incident Report (3 -pages) Recipient: Miami -Dade County Address: 111 NW 1" Street, 27`h Floor, Suite 310, Miami, FL 33128 Tax .ID #: 59-6000573 Project Location: Miami -Dade County 2448 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 "grant" or "grant funds" 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 March 19, 2008 at 73 FR 14882, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which was published July 10, 2008 at 73 FR 39840. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement 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 grant term specified at section 3 of Attachment A. 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. Miami -Dade County FLO190B4D0008O1 HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. 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 Attachment A, noncompliance with the Act or Attachment A 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 (c) 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 Miami -Dade County FL0190B4D000801 (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. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. 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, or make any other significant change, without the prior written approval of HUD. Miami -Dade County FL0190B4D000801 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature and Date Maria R. Ortiz -Hill Director, Community Planning, and Development Title RECIPIENT Miami -Dade Countv Name of Organization Signature and Date Print name df signatory Al (A 'Pau -IR"" Title David Raymond, Executive Director Miami -Dade County Homeless Trust Telephone: (305) 375-1490 Fax: (305) 375-2722 Miami -Dade County FL019013413000801 ATTACHMENT A 1. The Recipient is Miami -Dade County. 2. HUD's total fund obligation for this project is $ 138,789 which shall be allocated as follows: a. Leasing $0 b. Supportive services $132,180 c. Operating costs $0 d. HMIS $0 e. Administration $6,609 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 one year. 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. Miami -Dade County FL0190134D000801 ATrACHnnENT B M. 583 submitted in response to the most re- cently published notice of fund avail- ability and select applications for fund- ing with the deobligated funds. Such selections would be made in accordance with the selection process described in 5582.220 of this part. Any selections made using deobligated funds will be subject to applicable appropriation act requirements governing the use of deobligated Funding authority. (Approved by the Office of Management and Budget under conrrol number 2506-0118) PART 583—SUPPORTIVE HOUSING PROGRAM Subpart A- CGenerd sec. 583.1 Purpose and scope. 583.5 Definitions. Subpart 8—Asslisiance Provided 583.100 Types and uses of assistance. 583.105 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, supporrive services, and oper- ating costs. 583.135 Administrarive costs. 583.t40 Technical assistance. 583.145 Matching requirements. 583 150 Limitations on use of assistance. 583.155 Consolidated plan. Subpart C—Application and Grant Award Process 583.200 Appltcation and grant award. 583.230 Environmental review, 583.235 Renewal grants. Subpart D—Piogrom Requirements 583.300 General operation. 583.305 Term of commitment: repayment of grants: prevention of undue benefits. 583.310 Displacement, relocation, and acyui sition. 583.315 Resident rent. 583 320 Site control X83 325 Nondiscrimination and equal oppor. (unity requirements. 583.330 Applicability of other Federal rc- quiremen rs Subpart E—Administration 583.400 Cram agreement. 248 24 CFR Ch. V (4-1-05 Edition) 183.405 Program changes. 583.410 Obligation and deobligation of funds. AVrmoRITY: 42 U.S.C. 11389 and 3535(d). S(X:Rt:E: 58 FR 13671. Mar. 15, 1993, unless othen,ise noted. Subpart A --General §583.1 Purpose and scope. (a) Genera/. 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- cluding innovative approaches to assist homeless persons In the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (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. 158 FR 13871. Mar, 15. 1993, as amended at 61 FR 51175, Sept. 30. 19961 4"583.5 Definitions. As used in this part: Applicant is defined in section 4ZZ(I) 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- ciai powers (such as public housing agencies). Consolidated plan means the plan chat a jurisdiction prepares and submits to HUD in accordance with 24 GFR part 91. Ofc. of Assf- Secy-. Comm. Planning, Develop., HUD Date of initial occupancy means the dace 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 chat do not provide sup- portive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C. 11382(2)). Homeless person means an individual or family that is described In section 103 of the McKinney Act (42 U.S.C. 11302). Merropolitan city is defined in section 102(a)(4) of the Housing and Commu- nity Development Act of 19T4 (4Z 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 i with disabilities is defined in section } 424(c) of the McKinney Act (42 U.S.C. s p Private nonprolit organization is de- t fined in section 422(7) (A), (B), and (D) of the McKinney Act (42 U.S.C. 11382(7) s (A). (B). and (D)). The organization muse also have a functioning account- fa ing system that is operated in accord- st ante with generally accepted account- ing principles, or designate an entity to that will mainrain a functioning ac- pc counting system for the organization in accordance with generally accepted le accounting principles. er 249 § 583-100 Pmjtyt 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 Acc (4Z U.S.C. 11382(9)). Rehabilitation means the improve- ment or repair of an existing structure or an addition to an existing structure chat 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(l 1) 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). Transirlonal housing 15 defined In sec- tion 424(b) of the McKinney Act (42 U.S.C. 11384(b)). See also 5583.3000), 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)), to general, urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. (67 FR 51175, Sept. 30, 19%) Subpart B—Assistance Provided § 683.100 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, easing. operating costs for supportive lousing, and supportive services, as de- cribed in §§583.105 through 583.125. Ap- licants may apply for more than one ype of assistance. (b) Uses ofgrani assistance. Grant as - stance may be used to: (1) Establish new supportive housing cilicies or new facilities to provide ipportive services: (2) Expand existing facilities in order increase the number of homeless rsons served: (3) Bring existing facilities up to a %el that meets State and local gov- nment health and safety standards; § 583.105 (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 CFR part 291. and (6) Continue funding supportive hous- ing where the recipient has received funding tinder this part for leasing. supportive services, or operating costs. (c) 5tructutrs iised for multiple pur- poses. Structures used to provide sup- portive housing or supportive services may also be used for other purposes, except chat assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. (d) Technical assistance. HUD may offer technical assistance, as described In §583.140. (Se FR 13871. Mar. IS, 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- cipienu to: (1) Pay a portion of the cost of the acquisition of real property selected by Che 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 Elie recipients to provide supportive housing or supportive services: or (3) Pay a portion of the cost of acqui- sition and rehabtiitation 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) f:(1) 1200,000: or (2) The total cost of Elie acquisition, rehabilitation, or acquisition and mha- bilitation minus the applicant's con- cribucion toward the cost. (c) Increased amounts. In areas deter- mined by HUD co have high acquisition 250 24 CFR Ch. V (4-1-05 EdMon) and rehabilitation costs, grants of more than 1200,000, but not more than 1400.000, may be available. 3583.110 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 constriction are subscan- 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 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) 5400,000: 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 co 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, ttipe. quality, amenities, facilities, and management services. In addition, the Ofc. of Asst. Secy., Comm. Planning, Develop., HUD 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. 158 FR 13871. Mar. 15. 1993, as amended at 59 FR 3689). July 19. 19941 9583.120 Grants for supportive serv- ices costs. (a) General. HUD will provide grants to pay (as described in §583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive 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. 158 FR 13871. Mar. 15. 1993, as amended at 59 FR 36891. July 19. 19941 9583.125 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- uirance. 251 5 583.140 (c) Recipient match requirement Cor 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. 158 FR 13871, liar. 15. 1993, as amended at 61 FR 51175, Sept. 30, 1996: 65 FR J0823. May 12. 2900) 4 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing, sup- portive services, or operating costs, HUD will obligate amounts for a period not to exceed five operating years. The 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 rhe Office of Management and Budget under ONiS control number 2506-0112) 159 FR 36891, July 19. 19941 9583.135 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 §§583.105 through 583.125. 158 FR 13871. Mar. 15, 1993, as amended at 61 FR 51175. Sept 30. 19%1 §583.140 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 §583.145 the purpose of promoting the develo ment of supportive housing and su portive services as part of a conrinuu of care approach, including innovativ approaches to assist homeless person in the transition from homelessness and promoting the provision of su portive housing to homeless persons t enable them to live as independently a possible. (b) Uses of technical assistance. HU may use these funds to provide tech nical assistance to prospective applI cants, applicants, recipients, or oche providers of supportive housing or sery 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) Selecrion of providers. From time to time, as HUD determines the need, 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 36892. July 19. 19941 4583.1$5 Matchingrequirements. (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. (c) Maintenance of effort. State or local government funds used in the snatching contribution are subject to the maintenance of effort requirements described at §583.150(a). §583.150 Limitations on use of assist- ance. (a) Maintenance of effort. `o 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 rise. to assist homeless persons. 24 CFR Ch. V (41-05 EdWon) p- (b) Faith •based activities. (1) Organtza- p- tions that are religious or faith -based m are eligible, on the same basis as any P other organization. to participate in s the Supportive Housing Program. Nei- , cher the Federal government nor a p- State or local government receiving o funds under Supportive Housing pro- s grams shall discriminate against an or- ganization on the basis of the organiza- D bon's religious character or afflltation. (2) Organizations that are directly funded under the Supportive Housing r 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 part. 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 or 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 chat 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 syrnbols. 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. 252 Otc. of Asst. Secy., Comm. Planning, Develop-, HUD S583.155 (5) Program funds may not be use for the acquisition, construction, or re habilitation of strictures to the exten that those structures are used ror in herendy religious activities. Program funds may be used for the acquisition construction, or rehabilitation o structures only to the extent that those structures are used for con- ducting eligible activities under this part. Where a structure is used for bot 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 activi- 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 Franc, is subject to gov- ernment -wide regulations governing real property disposition (see 24 CFR parts 84 and 85). (6) If a Scare or local government vol- untarily contributes its own fiords co 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 al I of the commingled funds. (c) Participant control ofsite. Where an applicant does not propose to have con- trol or 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 m- dividual remains in the .same housing without Further assistance under this part, chat applicant may not request assistance for acquisitiun, rehabiiita- Lion, or new construction. 158 FR 13871. ,.lar. 15. 1993. as amended at 59 FR 36892. July 19. 19 3: 68 FR 56407, Sept. 30. 20031 253 §383-I55 Consolidated plan. t (a) Appitcants that are States or units of general Intal government. The appli- cant must have a HUD -approved com- plete or abbreviated consolidated plan, fin accordance with 24 CFR part 91, and must submit a certification that the application for funding is consistent with the HUD -approved consolidated s pian- Funded applicants must certify in h o 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 muse 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 focal government or the State, in accordance with the consistency cer- tiflcadon provisions of the consoli- dated plan regulations, 24 CFR part 91. subpart F. (c) Indian tribes and the Insular Areas of Cuam, 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 certifJ- ratlon submissions. Unless otherwise set forth In the NOTA, 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. 160 FR 15380, star. 30, 19951 § 583.200 Subpart C—Application and Grant Award Process 4583.200 Application and grant award. When funds are made available for assistance. HUD will publish a notice of funding availability (NOFA) in the FEDERAL REGI5TER, in accordance with the requirements of 24 CFR part 4. HUD will review and screen applications in accordance with the requirements In section 426 of the McKinney Act (42 U.S.C. 11386) and the guidelines, rating criteria, and procedures published in the NOFA. 161 FR 51136, Sept. 30. 19%1 4583-230 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 perforin 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 pare. The re- cipient also shall carry out mitigating pleasures 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). (h) The recipient, its project partners and their contractors may riot acquire, rehabilitate, convert, lease, repair, dis- pose of, demolish or canstruct property 24 CFR Ch. v (4-1--05 Edition) for a project under this part, or com- mit or expend HUD or local funds for such eligible activities tinder 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 SO and the recipient has received HUD ap- proval of the property. HUD will not 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). 168 FR 56131. Sept. 29. 2003) 4583.235 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 8. McKinney Homeless As- sistance Act as in effect before October 28. 1992, may be renewed 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 form 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(a) 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) eriod:(2) Up to the amount of HUD assist- ance for supportive services in the final year of the Initial funding period: and 254 Ole. of Asst. Secy., Comm- Planning. Develop., HUD (3) An allowance for cost increases. (c) HUD review (i) HUD will revie the request for renewal and will exalt ate the recipient's performance in pr vious years against the plans and goal established in the initial applicaUo for assistance, as amended. HUD wit approve the request for renewal unles the recipient proposes to serve a popu lation chat is noc homeless. or the re ciplent has not shown adequar progress as evidenced by an unaccept ably slow expenditure of funds. or the recipient has been unsuccessful in as sisting participants in achieving an maintaining independent living. in de- termining the recipient's success in as- siscing 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. Ocher factors which will affect HUD's decision to approve a renewal request include the following: a con- cinuing history of inadequate financial management accounting practices, in- dications of mismanagement on the part of the recipient, a drastic reduc- rion 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 anti Budget under control number 2506-0112) Subpart D—Program Requirements 583.300 General operation. (a) State and local requirements. Each recipient of assistance under [his part must provide huusing or services chat are in compliance with all applicable State and local housing cLYA!s, licens ing requirements, and any other re- § 583.300 quirements in the jurisdiction in which W the project is located regarding the I- condition of the structure and the op- e- erarion of the housing or services. 5 (b) Habitability standards. Except for n such variations as are proposed by the I recipient and approved by HUD, sup- s portive housing must meet the fol- lowing requirernencs: (1) Structure and materials. The struc- e cures must be structurally sound so as not to pose any threat to the health e and safety of the occupants and so as d 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 chat threaten the health of resi- dents- (5) Water supply. The water supply must be free from contamination. (5) 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. 0*1 y5E3.300 24 CFR Ch. V (4-1-05 Edition) (10) Sanitary condition. The housing for HUD approval to otherwise consult and any equipment must be maintained with homeless or formerly homeless in sanitary condition. persons in considering and making (11) Fire safety. (i) Each unit must In- policies and decisions. See also elude at least one battery-operated or §5i13.330(e). hard -wired smoke detector, in proper (2) Each recipient ofassistance under working condition. on each occupied this part must. to the maximum extent level or the unit. Smoke detectors practicable, involve homeless individ- must be located, to the extent prac- uals and families, through employ- ticable, in a hallway adjacent to a bed- ment, volunteer services, or otherwise, room. If the unit is occupied by hear- in constructing, rehabilitating, main- ing-impaired persons, smoke detectors taining, and operating the project and must have an alarm system designed in providing supportive services for the for hearing-impaired persons in each project. bedroom occupied by a hearing -lm- (g) Records and reports. Each recipient paired person. of assistance under this part must keep (ii) The public areas of all housing any records and make any reports (in - must be equipped with a sufficient eluding those pertaining to race, eth- number, but not less than one for each nicity, gender, and disability status area, of battery-operated or hard -wired data) that HUD may require within the smoke detectors. Public areas include, timeframe required. but are not limited to, laundry rooms, (h) Conndenrialiry. Each recipient community rooms, day care centers, that provides family violence preven- hallways, stairwells, and other com- tion or treatment services must de- mon areas. velop and implement procedures to en- c) Meals. Each recipient of assist- sure_ ance under this part who provides sup- (1) The confidentiality of records per- portive housing for homeless persons taining to any Individual servlces: and with disabilities must provide meals or (2) That the address or location of meal preparation facilities for resi- any project assisted will not be made dents, public, except with written authoriza- (d) Ongoing assessment of supportive tion or the person or persons respon- services. Each recipient of assistance sible for the operation of the project. under this part muse conduct an ongo- (i) Termination of housing assistance. ing assessment of the supportive serv- The recipient may terminate assist - ices required by the residents of, the ance to a participant who violates pro - project and the availability of such gram requirements. Recipients should services, and make adjustments as ap- terminate assistance only in the most propriate. severe cases. Recipients may resume (e) Residential supervision. Each re- assistance to a participant whose as- cipient of assistance under this part sistance was previously terminated. In must provlde residential supervision as terminating assistance to a parcici- necessary to facilitate the adequate pant, the recipient must provide a for - provision of supportive services to the real process that recognizes the rights residents of the housing throughout of individuals receiving assistance to the term of the commitment to operate due process of law. This process, at a supportive housing. Residential super- minimum, must consist of vision may include the employment of (1) Written notice to the participant a full- or part-time residential super- containing a clear statement of the visor with sufficient knowledge to pro- reasons for termination; vide or to supervise the provision of (2) A review of the decision, in which supportive services to the residents. the participant is given the oppor- (r) Participation ofhomelesspersons. (t) tunity to present written or oral objec- Each recipient must provide for the tions before a person other than the participation of homeless persons as re- person (or a subordinate of char person) quired in section 426(g) of the NIcKin- who made or approved the termination ney Act (42 U.S.C. 11386(8)). This re- decision: and quiremcnt Is waived if an applicant is (3) prompt written notice of the final unable to meet it and presents a plan decision to the participant. Ofc, of Asst. Secy., Comm. Planning, Develop., HUD §583.310 G) Limitation of stay In transfffona housing. A homeless individual or fam- ily may remain in transitional housing for a period longer than 24 months. i permanent housing for the individual or family has not been located or if th 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- 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- eracing 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 !vianagement and Budget under control number Z506-0112) 158 FR 13871. k ar. 15. 1993. as amended at 59 FR 35892, July 19, 1994: 61 FR 51176. Sept. 30. 19961 4583.305 Term of commitment; repay- ment of grants; prevention of unduen beefits. (a) Term of commirment 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 benef7cs. In accordance with section 423(c) of the McKinney Act (42 U.S.C. 11383(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 FR SI l I6. Sept. 30, 1996( 257 1 9583.310 Displacement, relocation, and acquisition. (a) lrfinimizing displacement. Con - f sistent with the other goals and objec- tives of this part, recipients must as- e 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 assisred under this part. (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (i) of this section) must be provided relocation assistance ac the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Rea) Prop- erty Acquisition Policies Act of 1970 (URA) (42 U -S.0 46014655) and imple- menting regulations at 49 CFR 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 Elie 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- onstrace 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 wirh 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. 5 583.310 24 CFR Ch. V (41-05 Edition) (f) Dernitlon of dispfaced person. (1) does not return to the building/com- For purposes of this section, the term plex. if either. 'displaced person'means a person (A) A tenant is not offered payment (family, individual, business, nonprofit for all reasonable out-of-pocket ex - organization, or farm) that moves from penses incurred in connection with the real property, or moves personal prop- temporary relocatinn, or erty from real property permanently as (B) Other conditions of the tem - a direct result of acquisition, rehabili- porary relocation are not reasonable. Cation, or demolition for supportive (v) A tenant of a dwelling who moves housing projects assisted under this from the building/complex perma- part. The term "displaced person" in- nently after he or she has been re- cludes, but may not be limited to: quired to move to another unit in the (I) A person that moves permanently same buildinglcomplex, if either: from the real property after the prop- (A) The tenant is not offered relrn- erty owner (or person in control of the bursement for all reasonable our -of - site) Issues a vacate notice, or refuses pocket expenses incurred in connection to renew an expiring lease in order to with the move: or evade the responsibility to provide re- 1 (B) Other conditions of the move are location assistance, if the move occurs not reasonable. on or after the date the recipient sub- (2) Notwithstanding the provisions of mits to HUD the application or appli- paragraph (f)(1) of this section, a per - cation amendment designating the son does not qualify as a "displaced project site. person'' (and is not eligible for reloca- (it) Any person. Including a person tion assistance under the URA or this who moves before the date described in section), if: paragraph (f)(1)(1) of this section, if the (i) The person has been evicted for se - recipient or HUD determines that the rious or repeated violation of the terms displacement resulted directly from ac- and conditions of the lease or occu- quisition, rehabilitation, or demolition panty agreement, violation of apptica- for the assisted project. ble Federal, State, or local or tribal (iii) Atenant-occupant of a dwelling law, or other good cause, and HUD de- unit who moves permanently from the termines that the eviction was not building/complex on or after the date of dertaken for the purpose of evading the hthe e the "initiation of negotiations" (see obligation to provide relocation assist - paragraph (g) of this section) if the ante: (ii) The person moved into the prop - move occurs before the tenant has been erty after the submission of the appli- provided written notice offering him or her the opportunity to lease and oc- cation and, before signing a lease and cupy a suitable, decent, safe and sani- commencing occupancy, was provided written notice of the project, its pos- tary dwelling in the same building/ sible impact on the person (e.g.. the .complex, under reasonable terms and person may be displaced, temporarily conditions, upon completion of the relocated, or suffer a rent Increase) and project, Such reasonable terms and the fact chat the person would not conditions must include a monthly qualify as a 'displaced person" (or for rent and estimated average monthly any assistance provided under this sec - utility costs that do not exceed the tion). if the project is approved: greater of: (iii) The person is ineligible under 49 (A) The tenant's monthly before Y rent CFR 24.2(g)(2): or the initiation of negotlations and esti- (iv) HUD determines that the person mated average utility costs, or was noc displaced as a direct result of (B) 30 percent of gross household in- acquisition, rehabilitation, or demoli- come. If the initial rent is at or near tion for the project. the maximum, there must be a reason- (3) The recipient may request, at any able basis for concluding at the time time.. HUD's determination of whether - the project is initiated that future rent a displacement is or would be covered Increases will be modest. under this section. (iv) A tenant of a dwelling who is re- (g) Definition of initiation of negotia- quired to relocate temporarily, but tions. For purposes of determining the 258 Ofc- of Asst. Secy., Comm. Planning, Develop., HUD 5563.320 formula for computing the replaceme housing assistance to be provided to residential tenant displaced as a dire result of privately undertaken rehabil tation. demolition. or acquisition the real property, the term "initiatlo of negotiations" means the executio of the agreement between the recipien and HUD. (h) Def)nitlon of project. For purpose of this section, the term "project' means an undertaking paid for ! whole or in part with assistance under this part. Two or more activities that are integrally related, each essential t the others, are considered a single project, whether or not all component activities receive assistance under this part. 158 FR 13871. Mar. 15. 1993, as amended at 59 FR 36892. July 19. 1994 5 583.315 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 incorne; 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. nt (c) Fees_ In addition to resident rent. a recipients may charge residents rea- ct sonable fees for services not paid with 1- grant funds. of 158 FR 13871. Mar. 15. 1993, as amended at 59 n FR 36892, July 19, 1991; 66 FR 6225. Jan- 19. n 20011 t 5583.320 Site control- s (a) Site control. (1) Where grant funds will be used for acquisition, rehabilita- n tion. or new construction to provide supportive housing or supportive serv- Ices, or where grant funds will be used o for operating costs of supportive hous- Ing, or where grant funds will be used to provide supportive services except where an applicant wlll 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 Ellis 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 deobiigate the award of assistance. (c) Failure to obtain site control tvithin one dear. HUD will recapture or deobligate any award for assistance tinder this part if the recipient is not in 259 5563,325 control of a suitable site before the ex- piration of one year after initial notifi- cation of an award. 5583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding the per- missibility of proposals that serve des 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- rirniry 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 (IHAs) 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 chat are accessible co persons with a handicap and maintain evidence of implementation of the pro- cedures. (d) Arcessibillty requirements. The re- cipient must comply with the new con - 260 24 CFR Ch. V (4-1-85 Edlfion) stniction accessibility requirements of the Fair Housing Act and section SO4 of the Rehabilitation Act of 1973, and the reasonable accommodation and reha- bilitation accessibility requirements or section 504 as follows' (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable. Z4 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 Z4 CFR 8.23(b). 158 FR 13871. Mar. 15, )993, as amended at 59 FR 33894, June 30, 1941: 61 FR 5ZIU, Feb. 9. 1996: 61 FR 51176, Sept. 30, 19%) 55a3.330 Applicability of other Federal requirements. In addition to the requirements sec forth In 24 CFR 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. 4001-4128) 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 (I6 U.S.C. 3501 et seq,) may apply to proposals under this part, de- pending on the assistance requested. Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §583.330 (c) Applicability of OMB Circulars. The §583.300(f) does not constitute a con - policies, guidelines, and requirements (list of Interest. of O;MB Circular No. A-87 (Cost Prin- (2) Upon the written request or the ciples Applicable to Grants, Contracts recipient, HUD may grant an exception and Other Agreements with State and to the provisions of paragraph (e)(1) of Local Governments) and 24 CFR part 85 this section on a case-by-case basis apply to the award, acceptance, and when It determines that the exception use of assistance under the program by will serve to further the purposes of governmental entities, and OMB Cir- the program and the effective and effi- cular Nos. A-110 (Grants and Coopera- clent administration of the recipient's tive Agreements with Institutions of project. An exception may be consid- Higher Education, Hospitals, and Other ered only after the recipient has pro - Nonprofit Organizations) and A-122 vided the following: (Cost Principles Applicable to Grants, (i) For States and other govern - Contracts and Other Agreements with mental entities, a disclosure of the na- Nonproflt Institutions) apply to the ac- ture of the conflict, accompanied by an ceptance and use of assistance by prt- assurance that there has been public vate nonprofit organizations, except disclosure of the conflict and a descrip- where inconsistent with the provisions cion of how the public disclosure was of the McKinney Act, other Federal made: and statutes, or this part. (Copies of OMB (ii) For all recipients, an opinion of Circulars may be obtained from E.O.P. the recipient's attorney that the inter - Publications, room 2200. New Executive est for which the exception is sought Office Building, Washington. DC 20503, would not violate State or local law. telephone (202) 395-7332 (This is nor a (3) in determining whether to grant a toll-free number.) There is a limit of requested exception after the recipient two free copies. has satisfactorily met the requirement (d) Lead-based paint. The Lead -Based or paragraph (e)(2) of this section, HUD Paint Poisoning Prevention Act (42 will consider the cumulative effect of U.S.C. 482]-4846), the Residential Lead- the following factors, where applicable: Based Paint Hazard Reduction Act of (I) Whether the exception would pro - 1992 (42 U.S.C. 4851-4856), and imple- vide a significant cost benefit or an es- menting regulations at part 35, sub- sential degree of expertise to the parts A. 8, J. K, and R of this title project which would otherwise not be apply to activities under this program. available: (e) Gnnflicrs ofinterest. (1) In addition (ii) Whether the person affected is a to the conflict of! riterest requirements member of a group or class of eligible in 24 CFR part 85, no person who is an persons and the exception will permit employee. agent, consultant, officer, or such person to receive generally the elected or appointed official of the re- same interests or benefits as are being ciplent and who exercises or has exer- made available or provided to the cised any functions or responsibilities group or class: with respect to assisted activities, or (iii) Whether the affected person has who is in a position to participate in a withdrawn from his or her functions or decislonmaking process or gain inside responsibilities, or the decisionmaking information with regard to such activi- process with respect to the specific as - ties. may obtain a personal or financial sisted activity in question: interest or benefit from the activity, or (iv) Whether the interest or benefit have an interest in any contract, sub- was present before the affected person contract, or agreement with respect was in a position as described in para - thereto, or the proceeds thereunder. ei- graph (e)(1) of this section: ther for himself or herself or for those (v) Whether undue hardship will re - with whom he or she has Family or stilt either to the recipient or the per - business ties. during his or her tenure son affected when weighed against the or for one year thereafter. Participa- public interest served by avoiding the tion by homctess individuals who also prohibited conflict: and are participants under the program in NO Any other relevant consider - policy or decisionmaking tinder ations. 261 §583.400 (f) Audit. The financial management systerns used by recipients tinder 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 as it finds nec- essary or appropriate. 24 CFR Ch. V (4-1-05 Etffi(on) must be fully documented in the recipi- ent's records. (58 FR 13871, Mar, 15. 1993, as amended at 6l FR 51176, Sept. 30. 19961 § 583A10 Obligation and deobligation of !uncle. (g) Davis -Bacon Act. The provisions (a) Obligation offunds. When HUD and of the Davis -Bacon Act do not apply to the applicant execute a grant agree - this program. ment, funds are obligated to cover the 158 FR 13871, Mar. 15. 1993, as amended at 6 FR S211. Feb. 9, 1996; 64 FR SOZ26. Sept. 15 19991 Subpart E --Administration § 583.400 Grant agreement. (a)General. The duty to provide sup- portive housing or supportive services in accordance with the requirements o 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. §583.405 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 change to have been comped- rively selected for funding in the year the application was selected, (b) Documentation of other changes. An -y changes to an approved program that do not require prior HUD approval 1 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- stons to increase the amount obligated. (c) Deobllgation. (1) HUD may f deobligate all or parts of grants for ac- quisition, rehabilitarion, acquisition and rehabilitation, or new construc- tion: (1) 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) [f 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 dcobligate 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) Readvertise the availability of funds that have been deobligated under this section in a notice of fund avail- ability under S583.200, or (ii) Award deobligated funds to appli- cations previously submitted in re- sponse to the most recently published 262 Olc. of Asst. Secy., Comm. Planning, Develop-, HUD §585.3 notice of fund availability, and in ac- SOURCE: 60 FR 9737. Feb. 21. 1995, unless cordance with Subpart C of this part. otherwise noted. PART 585--YOUTHBUILD PROGRAM Subpart A—General sec. 585.1 Authority. 585.2 Program purpose. 585.3 Program components. 585.1 Definitions. Subpart d [Reserved) Subpart C—Youthbuild Planning Grants 585.201 Purpose. 585.202 Award limits. 585.203 Grant term. 585.204 Locaclonal considerations. 585.205 Eligible activities. Subpart D--Youthbuld Implementation Grants 585.301 Purpose. 585.362 Award limits. 585.303 Grant term. 585.304 Locational considerations. 585.305 Eligible activities. 585.306 Designation of costs. 585.307 Environmental procedures and standards. 585.308 Relocation assistance and real prop- erty acqulsitlon. 59S.309 Project -related restrictions applica- ble to Youchbulld residential rental housing. 585.310 Project -related restrictions applica- ble to Youthbuild transitional housing for the homeless.- 585.311 Project -related restrictions applica- ble to Youthbuild homeownership hous- ing. 585.312 Wages, labor standards, and non- discrimination. 585.313 Labor standards. Subpart E—Administration 585.401 Recordkeeping by recipients. 585.402 Grant agreement. 585.403 Reporting requirements. 585.404 Program changes. 585.40.5 Obligation and deubligation of funds. 585.406 Faith -bused activities. Subpart F—Appllcabiltty of Other Federal Requirements 585 501 Application nr Oh18 (Zirculars. :185.502 Certiflc3tiuns. 5855.503 Conflict of hiteresc. 585 504 Use of debarred, suspended, or ineii- gible contractors. At- IWORM" 42 U.S C 35351d) tinct Boll. 263 Subpart A—Generol f 566.1 Authority. (a) General. The Youthbuild program is authorized under subtitle D of title IV of the National Affordable Housing Act (42 U.S.C. 8011), as added by section 164 of the Housing and Community De- velopment Act of 1992 (Pub. L. 102-550). (b) Authority restriction. No provision of the Youthbuild program may be con- strued to authorize any agency, officer. or employee of the United States to ex- ercise any direction, supervision, or control over the curriculum, program of Instruction. administration, or per- sonnel of any educational institution, school, or school system, or over the selection of library resources, text- books, or other printed or published in- structional materials used by any edu- cational institution or school system participating in a Youthbuild program. §585.2 Program purpose. The purposes of the Youthbuild pro- gram are sec out in section 451 of the Nacional Affordable Housing Act (42 U.S.C. 12899) (-'NAHA"). 161 FR 52187, Oct. 4. 19961 4 585.3 Program components. A Youthbuild implementation pro- gram uses comprehensive and multi- disciplinary approaches designed to prepare young adults who have dropped out of high school for educational and employment opportunities by employ- ing them as construction trainees on work sites for housing designated for homeless persons and low- and very low-income families. A Youthbuild planning granc is designed to give re- cipients sufficient time and Financial resources to develop a comprehensive Youthbuild program that can be effeo tively implemented. Youthbuild pro- grams must contain the three compo- nents described in paragraphs (a). (b) and (d) of this section. Other activities described in paragraph (c) of this sec- tion are optional: (a) Educatfonal5enices. including: (1) Services and activities designed to meet the basic educational needs of GRANT NLIWER FL14B80 M / FIA190B4D000801 City of Miami — Miami Metro Homeless Assistanoe Program Soutb ATTACIUKEEN"T A-1 SCOPE OF SERVICES The SubrecWxzt shall conduct outreach, assessment and placement with seven (7) day follow up services to at least 2,260 homeless persons which will ensure continued residential stability. At least 50•/0 (1,130) of all outreach contacts will be assessed, placed into appropriate housing and provided follow up services_. The Subrempient will accept referrals from emergency slrehers, transitional housing facilities, outreach teams and other service providers in the Continuum of Care. The Subrecipient shall provide a outreach, assessrnents and placements of homeless persons under this Agreement over the term of the one (1) year Grant Agwment- The Subrecipieut shall provide services as proposed in the application to U.S_ HUD pursuant to the 2008 Super NOFA (incorporated herein by reference), including but not limited to: 1. Extensive outreach; 2_ Initial assessment and evaluations,- 3. valuations;3. Referral and plact in housing where appropriate and available; 4_ Referrral to all appropriate and available services,- 5- ervices;5_ Transportation services; 6_ Seven (7) day follow up Conditions: 1. Reimbursement shall be limited to operations, supportive services, leasing, admmistration, and the costs associated with #hese activities as described in the Subrocipicafs application; 2. Reimbursement shall be made only for the cost incurred for operations, administration, and supportive services actually provided to clients, unless the Grantee agrees, in writing, to another mode of paymect, as provided for in this Ate; 3. Monthly progress reports and program narratives signed by the Executive Director of the Subrecipienfs agency shall be submitter) by the Subrecipxnt, as required; 4. The SubrecTient will serve clients referred by the Grantee within available resources_ or its designee for housing an&or services through the Grantee's established referral process; 5. Semees shall be provided is accordance with the timeline submitted by the Subrecipient; 6. Any proposed modifications or revisions to the Subrecipient's program and/or services must be submitted m writing and must receive prior approval by the Grantee; and 7. The Provider will achieve the performance measures delineated in their application to U.S. HUD. Technical Project Number: FL0190B4D000801 / FL14B800040 Submission Project Identifier: FL14084 Exhibit 1: Proicet Summary ATTACHMENT A-2 Please indicate below the number of persons you have committed to serve as indicated in your application or as modified by your Field Office (Le., change due to funds being reduced). D. Number of Beds, Participants, and Supportive Services (Does not apply to HMIS projects) Section D is composed of three charts. Chart 1 is for recording the housing type. Chart 2 is for recording the number of units/beds/bedrooms in the project Do not complete Chart 2 if the project is for supportive services only (SSO)_ Chart 3 is for recording the number of participants to be served. Information on eU projects should be entered in this section except for IMS activities. Complete Chart 2 and Chart 3 based on the following instructions. 1. In co&mn a., please enter the requested information for all items at a point in time. You should fill out this column only if you checked "Yes` in Section III, Part 1, #9 or you are proposing a rene%al project If you checked "No" in section E enter 'NIA"' in this colmnn. 2. In colunm b., enter the new number of beds and persons served at a point in time if this project is funded 3. In column c., enter the projected level (columns a and b added together) that your project will attain ata point -in -tune_ lC'hart Units, its, Bedrooms, Reds a s� C> b. New Effort or c. Projected Level Change in Effort Level (Point -in -Time) (YArplicable) (col. a+caol. b) Number of Units N/A N/A, N/A. Number of Bedrooms NIA N/A NIA 1�Tnml,ar �f RArac i4gr/2t NIA N/A iclr T(1? M— lel! � r^ _1 t L _._i G A— A' e _. F — Com. __rn, ,c a—.;_�.. /}.7.• - _ ,.. t_::.. iE-`!}rt lS:n:[J, iZ; l'_:pe_i•!ji>�in iii�rt�. beV�CiOiI IJ AifU t+ ..�fsn .: t7V V�::,�_.. ., _. .. Sti1 nroiects. Inn these instatnc?s enter "N/A� in the appropriate cells. f 1---r 3: Part—c T uts i a. curie -11c c t3. IVew E i�r Oi c. t�roi ced Level t hartge in triort M Levei a. Number of Families with 310 N/A 310 Children (Family Households) i. Number of adults in families 665 NA 665 IN LI OC i)i cul tidied til famille5 iii_ Number of disabled in families i 55 I N/A 5.5 ,.-mbc'.i of 5-nglL l.T di-viduais and `x.`65 N\ l Vl.12C3 PiVilJCli(J)CEJ VVlU L.1111Cat"CIt f 1 I _ 1 Number of disabled individuals j 83 i N/A ! R3 NT111)Q t_ 1)c N's1A a.. —a.i. +.+k 1. veli �f7" Ca.ik M. 1D -A0090 -^'n Project Number. FL0190B4D000801 / FL14B800040 echnical Project Identifier: FL14084 ubmission Exhibit l: Project Summary ATTACHMENT A-3 (RENEWALS ONLY) Program Goals - Goal: Residential Stability Conduct outreach, assessment and placement and 7 -day follow up services at least 2,260 homeless persons (individuals and families of various combinations), during the term of the grant which will ensure continued residential stability. At least 50% (1,130) of all outreach contacts will be assessed placed and provided 7 -day follow up services into appropriate housing in the Continuum of Care. Goal: Increase skill and income Provide outreach to 2,260, assessment, and placement with seven (7) follow up services for at least 1,130 persons (individuals and families of various combinations). Of those. that were available for the 7 day follow up at least 11%, (124 participants) of the eligible, assessed, placed participants will be employed. At least 25%, of the eligible, assessed, placed participants will be linked to agencies that provide other sources of income or benefits. Goal: Achieve greater self-determination Provide outreach, assessment, and placement with seven (7) follow up services for at least 1,130 persons (individuals and families of various combinations), which will link them to individual service plans that ensure greater self-determination. The Miami -Dade County Homeless Outreach Assessment and Placement Program — South maintains the same goals and mission as the Miami -Dade County, Department of Human. Services, which is to provide indigent and homeless persons with the assistance they need in order to begin new lives of self- sufficiency elfsufficiency and independence D. Number of Units, Beds, Participants and Supportive Services T?'<iese charts need to be included only if they were incomplete, inaccurate or blank at the time of the original application submission Please complete these charts if your local HUD Field Office has notified you that they are required. Submit only those that apply. The charts can be found in the New Projects Section of the Technical Submission. HUD -40090-3a 4