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Exhibit 1
April 27, 2012 Tomas P. Regalado, Mayor of the City of Miami c/o Sergio Torres, Administrator City of Miami Homeless Assistance Program 1490 NW 3rd Avenue, Suite 105 Miami, Florida 33136 Re: Supportive Housing Program (SHP) 2011 Award FL0189B4D001104 Miami Metro Homeless Assistance (MMHAP) North Program In an effort to streamline the contract process and expedite provision of services and payments to you our Providers, please note the changes outlined below. The focus is to achieve increased efficiency with web -based technology. Please visit our webpage at www.miamidade.gov/homeless click on Provider Partners, and then click onto Funding for Providers. Download all Attachments A through Attachment Q. These are available in PDF format. Attached to this email letter are three (3) scanned items. 1) A scanned Subrecipient Agreement between Miami - Dade County, through Miami Dade County Homeless Trust and City of Miami, for the above referenced Supportive Housing Program (SHP). 2) Scanned Attachment A-1 through B including the budget from the previous year. And 3) Scanned Attachment A the 2011 HUD Grant Renewal Agreement with codified Federal regulations. Please download all. items. Create three (3) originals of each item. Also, make sure to update the Attachments to include the new grant number and the current approved budget. Complete all three sets. Assemble all three (3) original Attachments A through Q to each original Subrecipient Agreement. Ensure that all applicable documents have the necessary information, witnesses, seal and authorized signatures. We must receive three (3) complete original sets of the Subrecipient Agreement including Attachments A through Q, NO LATER THAN May 30, 2012. If your Agency is on�a Performance Improvement Plan (PIP), please refer to the HP contract language located under Section II- Records an i Reports Item E- Special Conditions. Miami -Dade Eot my Homeless Trust will then return to your Agency a fully -executed and certified Subrecipient A Bement and respectiv, Attachments. Please feel free to contact us at (305) 375-1490 if you have any questions JJ�o�equirea ddit nal, ormation. Thank you for your efforts in addressing the needs of the homeless of our ry t�.,r A l . S'ncerely.>.'` ravid Raymond E cutive Director Scanned and attached to email dated AGREEMENT BETWEEN MIA [-DADE COUNTY AND CITY OF M[AMI FOR A 2011 SUPPORTIVE HOUSING PROGRAM GRANT FL0189B4D001104 MJ<AMT METRO HOMELESS ASSISTANCE PROGRAM (MMHAP) NORTH THIS AGREEMENT, entered this _ day of , 2012, by and between Miami -Dade County (herein called the "Grantee") and City of Miami , (hereinafter referred to as the "Subrecipient") under this Agreement. WHEREAS, the Grantee has applied for and received funds from the United States Government under Title 1V of the Stewart B. McKinney Homeless Assistance Act; and WHEREAS, the .Grantee agrees to comply with all requirements of this Agreement and to accept responsibility for such compliance by the Subrecipient to which it makes grant funds available; and NOW, THEREFORE, it is agreed between the parties hereto that; I. STATEMENT OF WORK: A. Activities The Subrecipient shall adhere to the "2011 Supportive Housing Program Grant Agreement" Attachment A (Parts A and B), which is governed by the Supportive Housing Program rules, 24 CFR Part 583. The Subrecipient shall carry out the activities specified in the "Scope of Services" Attachment A-1; "Type and Scale of Housing", Attachment A-2; "Households in. the Project with Dependents", Attachment A-3; "Households in the Projects without Dependents, Attachment A-4; achieve "Performance Objectives" as stipulated in Attachment A-5, and "Project Milestones", Attachment A-6 as applicable. The Subrecipient shall also adhere to minimum standards of housing and services as set forth in the "Standards of Care", incorporated herein by reference. The Subrecipient shall adhere to all applicable federal, state and local laws, regulations, rules and standards. B. Time Schedule 1. The Grantee and the Subrecipient agree that this Agreement shall become effective on February 1, 2012_ 2. This Agreement shall expire January 31, 2013, one (1) year from the effective date. Any cost incurred by the Subrecipient beyond this date will not be paid by the Grantee, except as specifically provided herein. Notwithstanding any provision herein to the contrary, certain requirements imposed on the Subrecipient by this Agreement and Federal regulation may continue for a term of at least twenty (20) years, as provided in this Agreement. 3. The requirements of this Agreement shall remain in effect during any time period that the Subrecipient has control over any funds generated or provided in connection with this Agreement, including program income. ��k�l;-137, GRANT NUMBER: FLO 189B4D001104 City of Miami (MMHAP) North Program / Page 2 of 24 C. Budget The Grantee agrees, subject to the availability of funds and payment of funds to the Grantee by the United States Department of Housing and Urban Development and subject to the Subrecipient's compliance with all applicable laws and agreement terms as determined by the Grantee, to pay for contracted activities according to the terms and conditions contained within this Agreement, the Subrecipient's application for the Supportive Housing Program, and the Subrecipient's Technical Submission Exhibits incorporated herein as Attachment B, the Budget, in an amount not to exceed $0.00 for Leasing, $278,724.00 for Supportive Services, $0.00 for Operations and $13,936.00 for administration (minus 2.5% administrative costs to be retained by the Grantee), for a total budget of S292,660.00. If applicable, in accordance with Federal Regulations, provider shall be reimbursed for capital funding on an incremental basis, based on the _following completion benchmarks: 30%, 30%, 30%, and 10% to be provided whena final Certificate of Occupancy is obtained from the developer. All other activities shall be paid on a reimbursement basis following the submission of a monthly invoice along with the appropriate support documentation. In accordance with federal requirements, the Subrecipient agrees to provide match funds in an amount that represents no less than twenty perent (20%) of the total, supportive services budget, or twenty-five percent (25%) of the SHP supportive services funding, and no less than twenty-five percent (25%) of the total operations budget. The budget figures above represent the original line item totals as delineated in the grant agreement. Submitted budgets that shift funds by less than 10% of the original line item totals of the grant agreement may become official only if the appropriate match is provided, the administration total is not increased and Miami -Dade County Homeless Trust approves the shift of funds in writing. As such, the figures in the Technical Submission Exhibits Attachment B may not match the contracted figures delineated in the original contract and grant agreement. Notwithstanding the above, changes of more than 10% in any line item total as delineated in the grant agreement shall require a formal budget approval and an amendment to the grant agreement. The Subrecipient shall provide 2,000 supportive outreach services, 1,000 assessments of homeless persons, and 400 placements of homeless persons (individuals/families). The program main office is at 1490 NW 3rd Avenue, Suite 105, Miami, Florida. The Subrecipient will provide services as outlined in the Attachments as well as in the 2011 US HUD Super NOFA application, incorporated herein by reference. 11. RECORDS AND REPORTS A. Financial Management 1. The Grantee and the Subrecipient shall adhere to the requirements for financial reporting as stated in 24 CFR Part 85.41. 2. Requests for payments, along withdocumentation for each line item, i.e. invoice for services/housing, capital invoice (if applicable), lease agreement, payroll reports, shall be submitted to the Grantee by the twentieth (20th) of the month and shall be signed by the Executive Director and or the Financial Officer of the Subrecipient, in the form incorporated herein as Attachments C and C-1. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 3 of 24 3. Reimbursement shall be provided only for costs associated with the services detailed in the budget, plus general administrative costs (not to exceed 2.5% of direct costs). 4. Any reimbursement may be withheld pending the receipt and approval by the Grantee of all reports and documents required herein, including but not limited to the submission of the Annual Progress Report (APR). 5. In no event shall the Grantee's funds be advanced to any subcontractor hereunder. 6. The parties agree that the Subrecipient may request the revision of the schedule of payments or the line item budget. However, such revisions shall be subject to review and approval by the Grantee. Such requests shall only be considered at least ninety (90) days prior to the expiration of the grant, if there is a shift of 10% or more of funds between line items of any activity, supportive services, operations, or leasing or there is a significant change to the program. Requests for minor modifications (for example less than 10% shift of funds between line items) must be submited at least forty-five (45) days prior to the expiration of the grant. Failure to submit the appropriate supporting documentation in a timely manner may result in the Grantee's inability to amend the budget. 7. A final request for reimbursement from the Subrecipient will be accepted by the Grantee up to thirty (30) days after the expiration of this Agreement. If the Subrecipient fails to comply, all rights to payments will be forfeited if the Grantee so chooses.. 8. Within thirty (30) days of the termination or expiration of this Agreement, a final report of expenditures shall be submitted to the Grantee. If after the receipt of such fmal report, the Grantee determines that the Subrecipient has been paid funds not in compliance with the Agreement, and to which it is not entitled, the Subrecipient will be required to return such funds to the Grantee unless the Subrecipient submits documentation demonstrating that the expenditure was in compliance with this Agreement to the satisfaction of the Grantee. The Grantee shall have the sole and absolute discretion to determine if the Subrecipient is entitled to such funds and the Grantee's decision in this matter shall be final and binding. B. Records and Access to Records 1. Agreement Records are defined as any and all books, records, client files (including. client progress reports, referral forms, etc.), documents, information, data, papers, letters, materials, electronic storage data and media whether written, printed electronic or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received, or compiled by or at the direction of the Subrecipient or any subcontractor directly or indirectly related to the duties and obligations required by terms of this contract, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. 2. The Subrecipient must maintain Agreement Records that document all actions to comply with, and that relate to, this Agreement, including those on race, ethnicity, gender, and disability status data; and those in accordance with generally accepted accounting GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 4 of 24 principles, procedures, and practices as required in Circular OMB-122 which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the Grantee pursuant to the terms of this Agreement which shall include but not be limited to a cash receipt journal, cash disbursement journal, general ledger, and all such subsidiary ledgers as may be reasonably necessary. 3. The Subrecipient shall provide to the Grantee, upon request by the Grantee, all Agreement Records. The requested Agreement Records shall become the property of the Grantee without restriction, reservation, or limitation of their use and shall be made available by the Subrecipient at any time upon request by the Grantee. The Grantee shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These unlimited rights include the rights of royalty - free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work for public purposes. 4. The Subrecipient shall ensure that the Agreement Records shall at all times be subject to and available for full access and review, inspection, or audit by Grantee and Federal personnel and any other persons so authorized by the Grantee. 5. The Subrecipient shall include in all the Grantee -approved subcontracts used to engage subcontractors to carry out any eligible substantive programmatic services, as such services are described in this Agreement and defined by the Grantee, each of the record - keeping and audit requirements detailed in this Agreement. The Grantee shall, in its sole and absolute discretion, determine when services are eligible substantive programmatic services and subject to the audit and record -keeping requirements described in this Agreement. These records shall be maintained as pursuant to this Agreement. 6. If the Subrecipient received funds from or is under regulatory control of other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, then the Subrecipient shall provide to the Grantee a copy of each report and any follow-up communications and reports immediately upon such issuance unless such a disclosure is a violation of those agencies' rules. C. Reports The Subrecipient shall submit to the Grantee the reports described below or any other document in whatever form, manner, or frequency as may be requested by the Grantee. These will be used for monitoring the provider's progress, performance, and compliance with applicable Grantee and Federal requirements. 1. Progress Reports — Subrecipient shall submit a Homeless ManagementInformation System (HMIS) generated, "Monthly Progress Report (MPR)," Attachment D, along with the following monthly reports using the forms attached hereto as "Client Contribution Report" Attachment F, as they may be revised by the Grantee, which shall describe the progress made by the Subrecipient in achieving each of the objectives identified in Attachment A-5. The reports shall explain the Subrecipient's progress including comparisons of actual versus planned progress for the period. The reports are due by the twentieth (20th) day GRANT NUMBER: FL0189B4D001.104 City of Miami (MMHAP) North Program / Page 5 of 24 of the following month, along with the request for reimbursement, following the close of the prior month. 2. Annual Progress Report - The Subrecipient shall submit a HMIS generated Annual Progress Report in addition to a complete and accurate report using the United States Department of Housing and Urban Development (HUD) form HUD-40118, "Annual Progress Report (APR) for Competitive Homeless Assistance Programs" (Refer to Attachment). The complete and accurate APR is due to the Grantee sixty (60) days after the end of each operating year. 3. "Program Rating and Satisfaction Survey" Attachment E shall be collected and retained monthly by the Subrecipient in a separate file and available for review and monitoring, or as requested by the Grantee. 4. Audit Reports - The Subrecipient shall provide two (2) copies of an annual certified public accountant's opinion and related financial statements on the organization to the Grantee no later than one -hundred and eighty (180) calendar days following the end of the Subrecipient's fiscal year, for each year during which this Agreement remains in force or until all funds earned from this Agreement have been so audited, whichever is later, provided that the Subrecipient has such an opinion prepared. 5. AnnuaI Assurance Report - The Subrecipient who receives assistance only for leasing, operating costs, or supportive services costs must provide an annual assurance report for each year the assistance is received that the project will be operated for the purpose specified in the application. 6. Employee Certification Form — Government Entities ONLY - The Subrecipient is required to submit semi-annually certifications for those employees working solely on a particular Supportive Housing Program (SHP) grant The certification must be signed by the employee and the supervisor and conform to OMB Circular A-87 Attachment B (h) (3). "Employee Certification form" Attachment P, must be submitted in January and July of each year with the reimbursement request. 7. Incident Reports — The Subrecipient must report to Miami -Dade County Homeless Trust information related to any critical incidents occurring during the administration term of its programs, form "Incident Report" Attachment Q. In addition to reporting this incident to the appropriate authorities the Subrecipient must within twenty-four (24) hours of any incident, submit in writing a detailed account of the incident. This incident report should be addressed to the Contract Officer or Administrative Officer assigned. This incident report should be addressed to Miami -Dade County Homeless Trust, 111 NW First Street, 27`r Floor, Suite 310, Miami, Florida 33128; telephone (305) 375-1490 and facsmilie (305) 375-2722. 8. Disaster Plan — The Subrecipient shall submit an Agency Disaster Plan by April ls` of each Contract year. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 6 of 24 D. Staff Responsibility The Subrecipient's staff . members for this grant are listed in the "Budget" document Attachment B. E. Special Conditions The Subrecipient shall follow the client referral process as listed in the "Scope of Services," Attachment A-1. The Subrecipient shall provide any documentation, such as the "W-9 form" Attachment H to facilitate the reimbursement of services. F. General Conditions The Subrecipient shall comply with all Federal laws, and regulations, as specified in the "Applicant Certifications" Attachment I, the "Renewal Grant Agreement" and the accompanying 24 CFR Part 583, Supportive Housing Program regulations Attachment A (Part A and B), and all other Federal requirements of this grant. The responsibility for knowledge of and compliance with all Federal requirements is that of the Subrecipient. The Subrecipient shall abide and be governed by the requirements of the Americans with Disabilities Act (ADA). In addition, the Subrecipient agrees to comply with the following requirements. 1. Insurance A. Government Entities — If the Subrecipient is the State of Florida or an agency or political subdivision of the State as defined by Section 768.28, Florida Statutes, the Subrecipient shall furnish the County, upon request, written verification of liability protection in accordance with Section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida Statutes. B. Non -government Entities — shall maintain required liability insurance coverage as noted below at all times during this contract period. The Subrecipient shall maintain required liability insurance coverage as noted below at all times during this contract period: Public Liability Insurance on a comprehensive -basis in an amount not less than $300,000 combined single limit for bodily injury and property damage. The Grantee must be shown as an additional insured with respect to this coverage, as evidenced by a certificate of insurance. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 combined single limit for bodily injury and property damage. GRANT NUMBER: FLO 189B4D001104 City of Miami (MMHAP) North Program / Page 7 of 24 Workman's Compensation Insurance for all employeesof the Subrecipient as required by FI. Statute 440. Flood Insurance shall be maintained as per the requirements in 24 CFR Part 583.330(a). The insurance coverage required shall include these classifications, listed in standard liability insurance manuals, which most nearly reflect the operations of the Subrecipient. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B". as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A. M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the County Risk Management Division. or Compliance with the foregoing requirements shall not relieve the Subrecipient of its liability and obligations under this section or under any other section of this Agreement. No modification or waiver of any of the aforementioned insurance requirements shall be made without thirty (30) days written advance notice to the Grantee, and is subject to the approval of the Grantee's Risk Management Division. 2. Indemnification To the extent permitted under Florida Statutes 768.28 the Subrecipient shall indemnify and hold harmless the Grantee and its past, present, and future employees and agents from and against any and all claims, liabilities, losses, and causes of action which may arise out of or relate to this Agreement, or which may arise out of the actions or negligence, in whole or in part, of the Subrecipient, its officers, agents, employees, or assignees in the direct or indirect fulfillment of this Agreement. The Subrecipient shall pay all claims and losses of any nature in connection therewith, and shall defend all suits, in the name of the Grantee when applicable, and shall pay all costs and judgments which may issue thereon. It is expressly understood and intended that the Subrecipient isan independent contractor and is not an employee or agent of the Grantee. The Subrecipient shall disclose to the Grantee in writing any possible or actual conflicts of interest or apparent improprieties of the kind addressed herein. The Subrecipient shall make each disclosure in writing to the Grantee immediately upon the Subrecipient's discovery of such possible conflict. The Grantee will then render an opinion which shall be binding on all parties. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 8 of 24 3. Affidavits Complete and notarize, "Miami -Dade County Required Affidavits", Attachment J, "Lobbyist Registration for Oral Presentation", Attachment K and "Sworn Statement Pursuant to Florida Statutes", Attachment M, acknowledging compliance with the following Miami -Dade County Affidavits: a. Disability Nondiscrimination Affidavit Attachment J, Section VII. b. Family Leave Plan Affidavit Attachment J, Section VI. c. Drug -free Workplace Affidavit — Ordinance No. 92-15 Attachment J, Section V. d. Miami -Dade County Disclosure Affidavit Attachment J, Section I. e. Miami -Dade County Employment Disclosure Affidavit Attachment J, Section I.I. f. All Subrecipients are advised that in accordance with Section 2-11.1 (s) of the Code of Miami -Dade County, the "Lobbyists Registration for Oral Presentation Affidavit", Attachment K, MUST be completed, notarized, and included with the Agreement. Lobbyist specifically includes the principal, as well as any agent, officer, or employee of a principal, regardless of whether such lobbying activities fall within the normal scope of employment of such agent, officer or employee. g- Miami-Dade County Criminal Record Affidavit Attachment J, Section IV. h. Delinquent and Currently Due Fees or Taxes - The Subrecipient has duly executed the Affidavit regarding "Delinquent and Currently Due Fees or Taxes" as required by Section 2-8.1(c) of the County Code and that affidavit is attached hereto as Attachment J, Section VIII. The Subrecipient understands that the County has relied on the aforementioned representation in entering this contract. i. Affirmative Action/Nondiscrimination of Employment, Promotion and Procurement Practices (County Ordinance 98-30) Attachment J, Section M. J. Project Fresh Start (Resolutions R-702-98 and 358-99) Attachment J, Section X. G. Civil Rights The Subrecipient agrees to abide by Chapter 11A of the Code of Miami -Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations. Where applicable the Subrecipient agrees to abide and be governed by Title VI and VII, Civil Rights Act of 1964 (42 USC 2000 D&E) and Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which provides in part that there will be no discrimination of race, color, sex, religious background, ancestry or national origin in performance of this Agreement, in regard to persons served, or in regard to employees or applicants for employment or housing. It is expressly understood that upon receipt of evidence of such discrimination, the County shall have the right to terminate said Agreement. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 9 of 24 It is further understood that the Subrecipient must submit an affidavit attesting that it is not in violation of the American with Disabilities Act, the Rehabilitation Act, the Federal Transit Act, 49 USC § 1612, and the Fair Housing Act, 42 USC § 3601 et seq. If the Subrecipient or any owner, subsidiary , or other firm affiliated with or related to the Subrecipient, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Subrecipient. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Subrecipient violates any of the Acts during the term of any Contract the Subrecipient has with the County, such Contract shall be voidable by the County, even if the Subrecipient was not in violation at the time it submitted its affidavit. The Subrecipient agrees that it is in compliance with the Domestice Violence Leave, codified as § 11-A60 et. Seq. of the Miami -Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this locallaw may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against the Subrecipient. The Subrecipient also agrees to abide and be governed by the Age Discrimination Act of 1975, as amended, which provides in part that there shall be no discrimination against persons in any area of employment because of age. The Subrecipient agrees to abide and be goverened by Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC 794, which prohibits discrimination on the basis of handicap. The Subrecipient agrees to abide and be governed by the requirements of the Americans with Disabilities Act (ADA). III. SUSPENSION AND TERMINATION A. Suspension The Grantee may, for reasonable cause, temporarily suspend the Subrecipient's operations and authority to obligate funds under this Agreement or withhold payments to the Subrecipient pending necessary corrective action by the Subrecipient or both. Reasonable cause shall be determined by the Grantee and in its sole and absolute discretion and may include: 1. Ineffective or improper use of any funds provided hereunder by the Subrecipient; 2. Failure by the Subrecipient to materially comply with any terms, conditions, representations or warranties contained herein; 3. Failure by the Subrecipient to submit any documents required by this Agreement; or 4. The Subrecipient's submittal of incorrect or incomplete documents. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 10 of 24 B. Termination 1. Termination at Will - This Agreement, in whole or in part, may be terminated by the Grantee upon no less than fifteen (15) working days notice when the Grantee determines that it would be in the best interest of the Grantee and/or the recipient materially fails to comply with the terms and conditions of award. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Subrecipient will have five (5) days from the day the notice is delivered to state why it is not in the best interest of the Grantee to terminate the Agreement. However, it is up to the discretion of the Grantee to make the final determination as to what is in its best interest. 2. Termination for. Convenience - The Grantee or subrecipient may terminate this Agreement, in whole or part, when both parties agree that the continuation of the activities would not produce beneficial results commensurate with the further expenditure of funds. Both parties shall agree in writing upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. However, if the grantee determines in the case of partial termination that the reduced or modified portion of the grant will not accomplish the purposes for which the grant was made it may terminate the grant in its entirety. 3. Termination Because of a Lack of Funds - In the event funds to finance this Agreement become unavailable, the Grantee may terminate this Agreement upon no less than twenty-four (24) hours notice in writing to the Subrecipient. Said notice shall be sent by certified mail, return receipt requested, or in person with proof of delivery. The Grantee shall be the final and sole authority in determining whether or not funds are available. 4. Termination for Breach — Upon terminating this contract under this section, the County. in its sole discretion, may require the Provider to pay the County any or all costs associated with termination of this contract. including but not limited to transfer of the Provider's obligations under this contract and or selction of a new Provider: The County may terminate this Agreement, in whole, or in part, when the County determines in its sole and absolute discretion that the Subrecipient ("Provider") is not making sufficient progress in its performance of this Agreement as outlined in Attachment A, Scope of Services, or is not materially complying with any term or provision provided herein, including the following: 1) The Provider ineffectively or improperly uses the County funds allocated under this Contract; 2) the Provider does not furnish the Certificates of Insurance required by this contract or as determined by the County's Risk Management Division; 3) the Provider does not furnish proof of licensure/certification or proof of background screening required by this Contract; 4) the Provider fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; 5) the Provider does not submit or submits incomplete or incorrect required reports; 6) the provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; 7) the Provider discriminates under any of the laws outlined in Section lI(G) of this Contract; 8) the Provider fails to provide Domestic Violence Leave to its employees pursuant GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 11 of 24 to local law; 9) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit; 10) the Provider attempts to meet its obligations under this contract through fraud, misrepresentation or material misstatement; 11) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; 12) the Provider fails to meet the terms and conditions oftany obligation under any contract or otherwise or any repayment schedule to the County or any of its agencies or instrumentalities; 13) the Provider fails to meet any of the terms and conditions of the Miami -Dade County Affidavits; 14) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contact. The Provider shall be given written notice of the claimed breach and 10 business days to cure same. Unless the Provider's breach is waived by the County in writing, or unless the Provider shall have failed after receiving written notice of the claimed breach by the County to take steps to cure the breach within 10 business days after receipt of the breach, the County may, by written notice to the Provider, terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be sent by certified mail, return receipt requested, or in person with proof of delivery. Waiver of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement. The provisions contained herein do not limit the County's right to legal or equitable remedies or any other provision for termination under this contract. Such individual or entity shall be responsible for all direct and indirect costs associated with such termination or cancellation, including attomey's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement ma be disbarred from County contracting for up to five (5) years. IV. REVERSION OF ASSETS A. Term of Commitment If the Subrecipient receives assistance for acquisition, rehabilitation, or new construction, then the Subrecipient shall agree to operate the supportive housing or provide supportive services in accordance with this Agreement and applicable laws and regulations for a term of at least 20 years from the date of initial occupancy or date of initial service provision. If the United States Department of Housing and Urban Development (HUD) determines a project is no longer needed for use as supportive housing or to provide supportive services, then HUD may provide authorization to the Grantee on behalf of the Subrecipient to convert the project to a project for the direct benefit of low-income persons pursuant to a request for such use by the Grantee on behalf of the Subrecipient operating the project (24 CFR 583.305 (a)). B. Repayment of Grant If the Subrecipient does not provide supportive housing or supportive services for 10 years following the date of initial occupancy or date of initial service provision pursuant to this Agreement, then the Grantee shall require repayment of the entire amount of the grant used for acquisition, rehabilitation, or new construction, unless conversion of the project has been authorized by HUD pursuant to the terms in the Term of Commitment Section, IV -A of this document (24 CFR 583.305 (b)). GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 12 of 24 If the supportive housing is used for such purposes as stated in Section IV -A for more than 10 years, then the Subrecipient's repayment amount will be reduced. by 10 percentage points for each year beyond the 10-year period in which the project is used for supportive housing (24 CFR 583.305 (b)). C. Prevention of Undue Benefits Upon the sale or other disposition of a project assisted with acquisition, rehabilitation, or new construction funds occurring before the expiration of the 20-year period, the Subrecipient must comply with such terms and conditions as HUD and the Grantee may prescribe to prevent the Subrecipient from unduly benefiting from such sale or disposition. The Subrecipient shall return to the Grantee, upon the expiration or termination of this Agreement, any funds on hand, any accounts receivable attributable to these funds, and any overpayment due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the Subrecipient by the Grantee. D. Revocation of License or Permit Notwithstanding any provision of this Agreement to the contrary, revocation of any necessary license, permit, or approval by a governmental authority may result in immediate termination of this Agreement upon no less than twenty-four hours notice. Said notice shall be certified by mail or hand delivery. E. Declaration of Restrictive Covenants and Declaration of Restrictions If not previously recorded, the Subrecipient and the Titleholder shall sign and record as set forth in Attachment 0 and Attachment 0-1, at the time of contract execution, and incorporated here by reference, the "Declaration of Restrictive Covenants," and the "Declaration of Restrictions." The Declaration of Restrictive Covenants is a federal requirement and the Declaration of Restrictions is a local Requirement on properties that are acquired, rehabilitated or built with Supportive Housing Program funds. These convenants restrict the use of properties located at such that the properties must be operated for the provision of supportive housing and services for homeless persons in accordance with the provisions of 24 CFR Part 583, Code of Federal Regulations and any other applicable laws or regulations for a term of at least 20 years or for such other purposes as may be approved by the Grantee and HUD. The Subrecipient agrees to inform any lender or grantor which has loaned or granted funds for the purchase of such properties of structures thereupon and request their consent to the recordation of and subordination to the Declaration of Restrictive Covenants and the Declaration of Restrictions. Such consent shall be in a form acceptable to the Grantee. V. UNIFORM ADMINISTRATIVE REQUIREMENTS A. Accounting Standards, Cost Principles, and Regulations 1. The Subrecipient shall comply with Federal accounting standards and cost principles according to OMB Circular A-122 and SHP Regulations (24 CFR 583.135) and any other applicable laws and regulations. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 13 of 24 2. The Subrecipient shall comply with applicable provisions of applicable Federal, State, and County laws, regulations, and rules such as OMB Circular A-110, OMB Circular A- 21, and OMB Circular A-133 and with the Energy Policy and Conservation Act (Public Law 94-163) which requires mandatory standards and policies relating to energy efficiency. If any provision of this contract conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent. with the law or regulation or to be deleted if modification is impossible. However, the obligations under this contract, as modified, shall continue and all provisions of this contract shall remain in full force and effect. 3. If the amount payable to the Subrecipient pursuant to the terms of this contract is in excess of $100,000, the Subrecipient shall comply with all applicable standards, orders, or regulations issued pursuant to Section 306 of the Clean Air Act of 1970 (42 U.S.C. 1857 (h)), as amended; the Federal Water Pollution Control Act (33 U.S.C. 1251), as amended; Section 508of the Clean Water Act (33 U.S.C. 1368); Environmental Protection Agency regulations (40 CFR Part 15); Executive Order 11738; and Environmental Review Procedures and Regulations (24 CFR Part 58 and 24 CFR Part 583.230). Subrecipient shall comply with all applicable laws and regulations governing this agreement. B. Retention of Records 1. The Subrecipient shall retain records pertinent to expenditures and all Agreement Records for a period of at least three (3) years (hereinafter referred to as "Retention Period."). For all non -Grantee assisted activities the Retention Period shall begin upon the expiration or termination of this Agreement. 2. If the Grantee or the Subrecipient has received or been given notice of any kind indicating any threatened litigation, claim or audit arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Grantee, fully, completely and finally resolved. 3. The Subrecipient shall allow the Grantee or any persons authorized by the Grantee full access to and the right to examine any of the Agreement Records during the required Retention Period. 4. The Subrecipient shall notify the Grantee in writing both during the pendency of this Agreement and after its expiration as part of the final close-out procedure, of the address where all the Agreement Records will be retained. 5. The Subrecipient shall obtain the prior written approval of the Grantee for the disposal of any Agreement Records before disposing of such Records within one year after expiration of the Retention Period. C. Additional Requirements The Subrecipient must comply with the following additional requirements. GRANT NUMBER: FLO 189B4D001104 City of Miami (MMHAP) North Program / Page 14 of 24 1. Client Rules and Regulations - The Subrecipient shall submit a copy of the Client Rules and Regulations that apply to clients referred to the Subrecipient pursuant to this Agreement; due within thirty (30) days following the execution of this Agreement. 2. Personnel Policies and Administrative Procedure Manuals - The Subrecipient shall submit detailed documents describing the Subrecipient's internal corporate or organizational structure, property management and procurement policies and procedures, personnel management, accounting policies and procedures, etc. The information shall be available to the Grantee upon a request. 3. Monitoring - The Subrecipient shall permit the Grantee and any other persons authorized by the Grantee to monitor, according to applicable regulations, all Agreement Records, facilities, goods and activities of the Subrecipient which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or to interview any clients, employees, subcontractors, or assignees of the Subrecipient. The Grantee shall monitor both fiscal and programmatic compliance with all terms and conditions of this Agreement to include a review of beneficiaries, supportive services, operating costs, program progress, documentation for required match, record keeping; compliance with circulars, administrative costs, technical assistance visits, and environmental review. The Subrecipient shall permit the Grantee to conduct site visits, client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. A report of the Grantee's findings may be delivered to the Subrecipient, and if so delivered, the Subrecipient shall rectify all deficiencies cited within the period of time specified in the report. 4. Restrictions of Funds Use - The funds received under this Agreement (or any State or local government funds used to supplement this Agreement) may not be used to replace state or local funds previously used, or designated for use to assist homeless persons (24 CFR Part 583.150 •(a)). The Subrecipient shall notify the Grantee of any additional funding received for any activity described in this Agreement, other than the "Client Contribution Report," Attachment. F which is addressed in II-C(1). Such notification shall be in writing and received by the Grantee within thirty (30) days of the Subrecipient's notification by the funding source. 5. Related Parties - The Subrecipient shall report to the Grantee the name, purpose, and any other relevant information in connection with any transaction conducted between the Subrecipient and a related party transaction. A related party includes, but is not limited to, a for -profit or nonprofit subsidiary or affiliate organization, and organization with overlapping boards of directors or any organization for which the Subrecipient is responsible for appointing members. The Subrecipient shall report this information to the Grantee upon forming the relationship or if already formed, shall report it immediately. Any supplemental information shall be reported in the Grantee required Agency Narrative and Progress Report which are addressed in Section II Records and Reports, C Reports (1) Progress. GRANT NUMBER: FLO 189B4D001104 City of Miami (MMHAP) North . Program / Page 15 of 24 6. Required Meeting Attendance — From time to time, the Miami -Dade County Homeless Trust may schedule meetings and/or, training sessions to assist the Subrecipient in the performance of its contractual obligations or to inform the Subrecipient of new and/or revised policies and procedures. Attendance at some of these meetings may be mandatory. The Subrecipient shall receive notice no less than three (3) business days prior to any meeting or training session that requires mandatory participation. A record of attendance at meetings or training sessions where notice was given indicating the Subrecipient's mandatory participation shall be kept, and the Subrecipient's contractual compliance will be monitored. Failure to attend a meeting/training sesion for which a mandatory notice has been provided can result in material non-compliance of the contract/agreement, up to and including breach or default. Proof of notice shall consist of fax record, certified mail, and/or verbal communication with the contract/agreement contact person or other program administrative staff_ The Provider may select one or more employees from their agency, directly involved in the contracted program, as their representative at the meeting/training session; the participation of the Agreement contact person is preferred. The Subrecipient may request to be excused from a mandatory meeting. That request must be received at least twenty-four. (24) hours prior to the meeting date and time, and justification provided, including why the agency could not send any representative. The Miami -Dade County Homeless Trust shall determine whether or not the absence will be excused; the Subrecipient shallnot be excused from more than two (2) meetings/training sessions during each contract year. The Subrecipieint is encouraged to attend all meetings of the Miami -Dade County Homeless Trust and/or its Committees, as information relevant to their program or services may be discussed. 7. Publicity and Advertisements - The Subrecipient shall ensure that all publicity and advertisements prepared and released by the Subrecipient, such as pamphlets and news releases already or indirectly related to activities funded pursuant to this Agreement, and all events carried out to publicize the accomplishments of any activity funded pursuant to this Agreement, recognize the Grantee as its funding source. The Subrecipient shall ensure that all media representatives, when inquiring about the activities funded pursuant to this Agreement, are informed that the Grantee is the funding source. 8. Procurement - The Subrecipient shall make a positive effort to procure supplies, equipment, construction or services necessary or related to cacxying out the terms of this Agreement from minority and women's businesses, and to provide these sources maximum feasible opportunity to compete for subcontracts to be performed pursuant to this Agreement. In conformance with Section 3 of the Housing and Urban Development (HUD) Act of 1968 Attachment I , as amended, 12 U.S.C. 1701u (Section 3), work performed under this contract are subject to requirements of this section. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance of HUD -assisted projects covered by Section 3, shallto the greatest extent feasible, be directed to low and very low-income persons, particularly persons who are recipients of HUD assistance for housing and to businesses that are substantially owned or substantially employ low and very low income persons. GRANT NUMBER: FLO189B4D001104 City of Miami (MMHAP) North Program / Page 16 of 24 9. Property — This section applies to equipment with an acquisition cost of $5,000 or more per unit and all real property. a. Any real property under the Subrecipient's control that was acquired/improved in whole or in part with funds from the Homeless Trust and any equipment purchased for $5,000 or more shall be disposed of, at the expiration or termination of this contract, in accordance with instruction from the Homeless Trust. Real Property is defined as land, including land improvements, structures, appurtenances thereto, including movable machinery and equipment. Equipment means tangible, nonexpendable, personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. b. All equipment with an acquisition cost of $5,000 or more per units and all real property purchased in whole or in part with funds from this and previous contracts with the Homeless Trust, or transferred to the Subrecipient after being purchased in whole or in part with funds from the Homeless Trust shall be listed in the property records of the Subrecipient and shall include a legal description, size, date of acquisition, value at time of purchase, owner's name if different from the Subrecipient, information on the transfer or disposition of the property, and map indicating whether property is in parcels, lots or blocks and showing adjacent streets and roads. Notwithstanding documentation required for reimbursement purposes, a copy of the purchase receipt for any asset described above purchased with Homeless Trust funds must also beincluded in the Subrecipient's monthly reimbursement package submitted to the Homeless Trust in the month in which the item was purchased along with the "Provider Asset Inventory" Attachment N. c. All equipment with an acquitioncost of $5,000 or more per unit and all real property shall be inventoried annually by the Subrecipient and an inventory report shall be submitted to. the Homeless Trust. This report shall include the elements listed in the paragraph listed above. 10. Management Evaluation and Performance Review - The Grantee may conduct a formal management evaluation and performance review of the Subrecipient following the expiration of this Agreement. The management evaluation will reflect the Subrecipient's compliance with generally accepted fiscal and organizational standards and practices. The performance review will reflect the quality of service provided and the value received using monitoring data such as progress reports, site visits, and client surveys. 11. Subcontracts and Assignments a. The Subrecipient shall ensure that all subcontracts and assignments: (1) Identify the full, correct and legal name of the party; (2) Describe the activities to be performed; (3) Present a complete and accurate breakdown of its price component; GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 17 of 24 (4) Incorporate a provision requiring compliance with all applicable regulatory and other requirements of this Agreement with any conditions of approval that the Grantee deems necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service as set forth in this Agreement. The Grantee shall in its sole and absolute discretion determine when services are eligible substantive programmatic services subject to the audit and record -keeping requirements described above, and; b. In accordance with Ordinance No. 97-104, all bidders and respondents on County contracts for purchase of supplies, materials or services, including professional services, which involve the expenditure of $100,000 or more and all bidders or respondents on County or Public Health Trust construction contracts which involve the expenditure of $100,000 or more shall include, as part of their bid or proposal submission, a listing of Provider's Disclosure of Subcontractors and Suppliers Attachment L and L-1 which identifies all first tier subcontractors who will perform any part of the contract work and describes the portionof the work such subcontractor will perform, and all contract work direct to the bidder or respondent and describes the materials to be so supplied. Failure to include such listing with the bid or proposal shall render the bid or proposal non -responsive. Ordinance 97-104 applies to all contracts whether competitively bid by the County or not. Those contracts that have received authorization by the Board of County Commissioners to waive formal bidding procedures must also provide a listing of all first tier subcontractors and direct suppliers. Subcontractor/Supplier Listing, SUB Form 100 Attachment L-1 may be utilized to provide the information required by this paragraph. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified in the listing submitted with the bid or proposal except upon written approval of the County. c. The Subrecipient shall incorporate in all consultant subcontracts this additional. provision: The Subrecipient is not responsible for any insurance or other fringe benefits for the consultant or its employees, e.g., social security, income tax withholdings, retirement or leave benefits. The Consultant assumes full responsibility for the provision of all insurance and fringe benefits for himself or herself and employees retained by the Consultant in carrying out the Scope of Services provided in this subcontract. d. The Subrecipient shall be responsible for monitoring the contractual performance of all subcontracts. e. The Subrecipient shall receive written documentation prior to entering into any subcontract which contemplates performance of substantive programmatic activities, as such is determined as provided herein. The Grantee's approval shall be obtained prior to the release of any funds to the subcontractor. GRANT NUMBER FL0189B4D001104 City of Miami (MMHAP) North Program / Page 18 of 24 f. The Subrecipient shall receive written approval from the Grantee prior to either assigning or transferring any obligations or responsibility set forth in this Agreement or the right to receive benefits or payments resulting from this Agreement. g. Approval by the Grantee of any subcontract or assignment shall not under any circumstances be deemed to provide for the incurring of any obligation by the Grantee in excess of the total dollar amount agreed upon in this Agreement. 12. The Grantee's Consultant - The Grantee understands that in order to facilitate the implementation of this Agreement, the Grantee may from time to time designate a development consultant to work with the Subrecipient. The Grantee's consultant shall be considered the Grantee's designee with respect to all portions of this Agreement with the exception of those provisions relating to payment of the Subrecipient for services rendered. The Grantee shall provide written notification to the Subrecipient of the name, address, and employees of the Grantee's consultant. 13. Participation in Homeless Management Information System (HMIS) - The Provider (Subrecipient) agrees to participatein the Homeless ManagementInformation System (HMIS) selected and established by the County. Participation will include, but is not limited to, input of client data upon intake, daily updates of bed availability information, as well as updates of client files upon client contact, and maintaining current data for statistical purposes. The Provider understands that they are responsible for any ongoing cost to access the HMIS system. The Provider agrees to abide by the terms of the HMIS agreement previously signed by Provider, which is incorporated herein by reference. The Provider shall indemnify and hold harmless the County and its agents and instrumentalities from any and all liability, losses and damages arising out of or relating to this agreementor the HMIS system. 14. Miami -Dade County Inspector General Review —The Miami -Dade County Office of the Inspector General may, on a random basis, perform audits on all County contracts, throughout the duration of said contracts. 15. Independent Private Sector Inspector General Review - The inspector General is also empowered to retain the services of independent private sector inspectors general (IPSIG) to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement processes including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and. employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. 16. Renegotiation or Modification - Modifications of provisions of this Agreement shall be valid only when in writing and signed by duly authorized representatives of each party. Additional conditions are: a. A Subrecipient may not make any significant changes toan_approved program without prior Grantee approval. Significant changes include, but are not limited to, a change in the Subrecipient, a change in the project site, additions or GRANT NUMBER: FLO 189B4D001104 City of Miami (MMHAP) North Program / Page 19 of 24 deletions in the types of activities listed in 24 CFR Part 583.100 approved in the Technical Submission for the program, or a shift of more than 10 percent of funds from one approved type of activity to another, or a change in the category of participants to be served, or other changes deemed significant by the Grantee. Depending on the nature of the change, the Grantee may require a new certification of consistency with the Consolidated Plan Certification from the United States Department of Housing and Urban Development b. Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected. The parties agree to renegotiate this contract if the Grantee determines, in its sole and absolute discretion, that Federal state, and/or Grantee revisions of any applicable law or regulations, or increases or decreases in budget allocations make changes in this Agreement necessary. The Grantee shall be the final authority in determining whether or not funds for this Agreement are available due to Federal, state and/or Grantee revisions of any applicable laws or regulations, or increases in budget allocations. Notwithstanding the foregoing, the Grantee retains all the rights of suspension or termination set forth in Section III of this Agreement. After the initial grant agreement, the Grantee will not make revisions to increase the amount of the award to the Subrecipient. 17. Right to Waive - The Grantee may, for good and sufficient cause, as determined by the Grantee in this sole and absolute discretion, waive provisions in this Agreement in writing or seek to obtain such waiver from the appropriate authority. Waiver requests from the Subrecipient shall be in writing. Any waiver shall not be construed to be a modification of this Agreement. 18. Disputes - In the event an unresolved dispute exists between the Subrecipient and the Grantee, the Grantee shall refer the questions, including the views of all the interested parties and the recommendation of the Grantee, to the CountyManager for determination. The County Manager, or an authorized representative, will issue a determination within thirty (30) calendar days of receipt and so advise the Grantee and the Subrecipient, or in the event additional. time is necessary, the Grantee will notify the Subrecipient within the thirty (30) day period that additional time is necessary. The Subrecipient agrees that the County Manager's determination shall be final and binding on all parties. 19. Headings - The article and paragraph headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. 20. Proceedings - This Agreement shall be construed in accordance with the laws of the State of Florida and any proceedings arising between the parties in any manner pertaining or relating to this Agreement shall, to the extent permitted by law, be held in Dade County, Florida. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 20 of 24 21. Notice and Contact - The Grantee's representative for this Agreement is: David Raymond, Executive Director. The Subrecipient's representative for this Agreement is The project/program site is located at . In the event that different representatives are designated by either party after this Agreement is executed, or the Subrecipient changes the address of either the program site or the principal office, the Subrecipient must notify the Grantee prior to such relocation and obtain all necessary approvals. Notice of the name of th.e new representative or new address will be rendered in writing to the other party and said notification attached to the originals of this Agreement. 22. Name and Address of Payee — Assignments cannot be made without both the Grantee's express, written permission in advance and any necessary approval from HUD. When payment is made to the Subrecipient's assignee, the name and address of the official payee is: 23. All Terms and Conditions Included - This Agreement and its attachments as referenced contain all the terms and conditions agreed upon by the parties. The following documents are attached to this agreement: (Attachments A through Q) 24. Autonomy - Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. The parties acknowledge that the relationship of Grantee and Subrecipient is that of independent contractors and that nothing contained in this Agreement shall be construed to place Grantee and Subrecipient in the relationship of principal and agent, employer and employee, master and servant, partners or joint venturers. Neither party shall have, expressly or by implication, or represent itself as having, any authority to make contracts or enter into any agreement in the name of the other party, or to obligate or bind the other party in any manner whatsoever. 25. Severability of Provisions - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to: the terms and requirements of applicable law. 26. Waiver of Trial - Neither the 'Subrecipient, subcontractor nor any other person liable for the responsibilities, obligations, services and representations herein, nor any assignee, successor heir or personal representative of the Subrecipient, subcontractor or any such other persons or entity shall seek a jury trial in any lawsuit, proceeding, counterclaim or other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or among such persons or entities, or any of them. Neither the Subrecipient, subcontractor nor any such person or entity shall seek to consolidate any such action in which a jury trial has been waived. The provisions of this paragraph have been fully discussed by the parties hereto, and the provision hereof shall be subject to no exceptions. No party has in any way agreed with or represented to any other party that the provisions of this paragraph will not be fully enforced in all instances. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 21 of 24 27. Contracts with Municipalities or Counties Outside Miami -Dade County to Provide Homeless Housing in Miami -Dade County. - The above -named firm, corporation, organization or individual ("provider" "subrecipient") desiring to transact business or enter into a contract with the County for the provision of homeless housing and /or services swears, verifies, affirms and agrees that (1) it has not entered into any current contract, arrangement of any kind, or understanding with any municipality outside of Miami -Dade County or any County (collectively "locality") to provide housing and services for homeless -persons in Miami -Dade County who are transported to Miami -Dade County by 'or at the behest of such locality and (2) during the term of this contract, it will not enter into any such contract, arrangement of any kind, or understanding; provided, however, upon the written request of the Contractor prior to entering into such contract, understanding or arrangement, the Miami -Dade County Homeless Trust may, in its sole and absolute discretion, find and determine within 60 days of such request that a proposed contract should not be prohibited hereby, as the best interests of the homeless programs undertaken by and on behalf of Miami -Dade County would not be negatively affected by such contract, arrangement, or undertaking. 28. The. Subrecipient agrees to comply with all applicable federal, state and local laws, regulations, ordinances, and standards, including but not limited to Part III, Ch. 2 and Ch. 11A of the Miami -Dade County Code, Section 255.05 of the Florida Statutes regarding payment and performance bonds and other requirements for public works, competitive bid and bid bond" requirements, and F.A.R. 52.222 as may apply, as well as with requirements of the grant agreement between Grantee and HUD attached as Attachment A. The Subrecipient also agrees to sign and provide the Grantee with any required County affidavits. VI. RELIGIOUS ORGANIZATIONS As reported in 24 CFR Part 583.150, HUD will provide assistance to a recipient that is a primarily religious organization, if the organization agrees to provide housing and supportive services in a manner that is free from religious influences and in accordance with the following principles: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; 2. It will not. discriminate against any person applying for housing or supportive services on the basis of religion and will not limit such housing or services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of housing and supportive services funded hereunder. HUD will provide assistance to a recipient that is a primarily religious organization if the assistance will not be used by the organization to construct a structure, acquire a structure or to rehabilitate a structure owned by the organization, except as described in 24 CFR Part 583.150 (b)(2) Attachment A. GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 22 of 24 VII. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, that include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non -permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that U}lI/PHI will be held confidential; 5. Making Protected Health Information (PHI) available to the customer; 6. Making PHI available to the customer for review; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Subrecipient must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. VIII. PROOF OF LICENSUREICERTIFICATION AND BACKGROUND SCREENING A. Licensure. If the Subrecipient ("Provider") is required by the State of Florida or Miami- Dade County or any law or regulation to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Services (Attachment A), the Provider shall furnish to the County a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to childcare, day care, nursing homes, and boarding homes. If the Provider fails to furnish the County with the licenses or certificates required under this Section, the County shall not disburse any funds until it is provided with such licenses or certificates. Failure to provide the licenses or certificates within sixty (60) days of execution of this Agreement may result in termination of this Agreement at the County's discretion. B. Background Screening. The Provider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors. Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply with all applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. GRANT NUMBER: FLO189B4D001104 City of Miami (M HAP) North Program / Page 23 of 24 In the event criminal background screening is required by law, the State of Florida and/or the County, the Provider will permit only employees and subcontractors with a satisfactory national criminal background check through an appropriate screening agency (i.e., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) to work in direct contact with vulnerable persons. The Provider agrees to ensure that employees and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working with vulnerable persons. Provider shall furnish the County with proof that employees and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the Provider fails to furnish to the County proof that an employee or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working with a vulnerable person or vulnerable persons, the County shall not disburse any further funds and this Contract may be subject to termination at the sole discretion of the County. CONTINUES NEXT ON SIGNATURE PAGE GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / Page 24 of 24 IN WITNESS WHEREOF, the parties hereto have caused this twenty-four (24) page Agreement to be executed by their respective and duly authorized officers the day and year first above written. (SEAL) ATTEST: CITY OF MIAMI, FLORIDA A municipal corporation of the State of Florida By: By: Witness JOHNNY MARTINEZ. CITY MANAGER By: PRISCILLA A. THOMPSON CITY CLERK Approved as to Form and Correctness: Approved as to Insurance Requirements: By: By: JULIE O. BRU CALVIN ELLIS CITY ATTORNEY RISK MANAGEMENT ATTEST: HARVEY RUVIN, CLERK BY: (AFFIX SEAL) MIAMI-DADE COUNTY A political subdivision of the State of Florida DEPUTY CLERK ALINA HUDAK (DATE) COUNTY MANAGER See memorandum dated approved as to form and legal sufficiency: ATTACHMENT A 1. Miami Dade County. 2. HUD's total fund obligation for this project is $292,660, which shall be allocated as follows: a. Leasing $-0- b. Supportive services $278,724 c. Operating costs $-0- d. HMIS $-0- e. Administration $13,936 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the terns 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 tenn, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 Months. 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. 4. This Agreement incorporates the following Exhibits, which are attached hereto and made part hereof: 2011 SHP Renewal Grant Agreement Attachment A 2011 Grant Agreement Supplement Attachment B SHP Rule, 24 CFR Part 583 2011 Operating Instructions Attachment 2 Grantee Financial Instructions Attachment 3 How to Complete the SF-1199A 4 ,.�'-r-� Grant No.: FL0189B4D001104 Project Name: MMHAP-North Total Award Amount: $292,660 Component: SHP-SSO Recipient: Miami Dade County Official Contact Person: David Raymond, Executive Director Telephone No.: (305) 375-1490 Fax No.: (305) 375-2722 Email Address: dray@miamidade.gov Tax ID No.: 59-6000573 DUNS No.: 00148292 Effective Date: 02-01-2012 Project Location: Miami Dade County 2011 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 govemed 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, and the second part was the Continuum of Care Homeless Assistance Programs section of the NOFA, which are located a at _ http://archives.hud.gov/funding/2011/fundsavail.cfm. The term "Application" means the original and renewal application submissions, including the certifications and assurances, the Technical Submission, and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of the Grant Agreement, the latter 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 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. 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 the Attachment A provisions, noncompliance with the Act or Attachment B 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 1 (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 (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 affiiaiative 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. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25). and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). 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 without the prior written approval of HUD. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. 2 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA, Secretary of Hand Urb1e elopment (77 BY: ignature and Date Maria R. Ortiz- Hill Print name of signatory Director, Division of Community Planing and Development Title 2012 RECIPIENT BY: Name of Organization Authorized Signature and Date Print name of signatory Title ')e,cif 1 6Q/TJVCL14167 David Raymond, Director Miami -Dade County Homeless Trust Telephone; (305) 375-1490 Fax (305) 375-2722 Email: drav� miarnidade.Qov ** Codified Supportive Housing Program Regulation Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.1 583.5 Definitions. Subpart Pr —Assistance 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, supportive services, and oper- ating costs. 583.135 Administrative costs. 583.140 Technical assistance. 583.145 Matching requirements. 583.150 Limitations on use of assistance. 583.155 Consolidated plan. SHP is subject to the changes made by the :H.orn.eless .Derniti©.n Rule that is at the -end of th.is Rule PART 583—SUPPORTIVE HOUSING PROGRAM Subpart A —General Sec. 583.1 Purpose and scope. Subpart C—Appicafion and Grant Award Process 583.200 Application and grant award. 583.230 Environmental review. 583.235 Renewal grants. Subpart D—Program Requirements 583.300 General operation. 583.305 Term of commitment; repayment of grants; prevention of undue benefits. 583.310 Displacement, relocation, and acqui- sition. 583.315 Resident rent. 583.320 Site control. 583.325 Nondiscrimination and equal oppor- tunity reauirements. 583.330 Applicability of other Federal re- quirements. Subpart E—Administration 583.400 Grant agreement. 533.405 Program changes. ' 583.410 Obligation and deobligation of funds. AUTHORITY: 42 U.S.C. 11389 and 3535(d). SOURCE: 58 FR 13871, Mar. 15, 1993, unless otherwise noted. Subpart A —General § 583.1 Purpose and scope. (a) General. 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 251 § 583.5 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 particnla.rly 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. [58 FP 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996) § 583.5 Definitions. As used in this part: Applicant is defined in section 422(1) 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- cial powers (such as public housing agencies). Consolidated plan means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Date of initial occupancy means the date 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 that do not provide sup- portive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C. 11382(2)). 24 CFR Ch. V (4-1-09 Edition) Homeless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.C. 11302). Metropolitan city is defined in section 102(a)(4) of the Housing and Commu- nity Development Act of 1974 (42 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 Aot (42 U.S.C. 11382(6)). Permanent housing for homeless persons with disabilities is defined in section 424(c) of the McKinney Act (42 U.S.C. 11384(c)). Private nonprofit organization is de- fined in section 422(7) (A), (B), and (D) of the McKinney Act (42 U.S.C. 11382(7) (A), (B), and (D)). The organization must also have a functioning account- ing system that is operated in accord- ance with generally accepted account- ing principles, or designate an entity. that will maintain a functioning ac- counting system for the organization in accordance with generally accepted accounting principles. Project 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 Act (42 U.S.C. 11382(9)). Rehabilitation means the improve- ment or repair of an existing structure or an addition to an existing structure that 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(11) of the McK.inney 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). 252 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.1 l0 Transitional housing is defined in sec- tion 424(b) of the McKinney Act (42 U.S.C. 11384(b)). See also §583.300(j). 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)). In general, urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. (61 FR 51175, Sept. 30, 1996] Subpart 13--Assistance Provided § 583.100 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, leasing, operating costs for supportive housing, and supportive services, as de- scribed in §§583.105 through 583.175. Ap- plicants may apply for more than one type of assistance. • (b) Uses of grant assistance. Grant as- sistance may be used to: (1) Establish new supportive housing facilities or new facilities to provide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons served; (3) Bring existing facilities up to a level that meets State and local gov- ernment health and safety standards; (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 under this part for leasing, supportive services, or operating costs. (c) Structures used for multiple pur- poses. Structures used to provide ,sup- portive housing or supportive services may also be used for other purposes, except that 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. (58 FR 13371, Mar, 15, 1993, as amended at 59 FR 36391, July 19, 1994] § 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to re- cipients to: (1) Pay a portion of the cost of the acquisition of real property selected by the 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 sapportive services; (2) Pay a portion of the cost of reha- bilitation of structures, including cost- effective energy measures, selected by the recipients to provide supportive housing or supportive services; or (3) Pay a portion of the cost of acqui- sition and rehabilitation 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) $200,000; or (2) The total cost of the acquisition, rehabilitation, or acquisition and reha- bilitation minus the applicant's con- tribution toward the cost. (c) Increased amounts. In areas deter- mined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,000, may be available. § 583.110 Grants for new construction. (a) Use. HUD will grant fands 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 construction are substan- tially Less than the costs associated with rehabilitation or that there is a Iack of available appropriate units that couldbe rehabilitated at a cost less than new construction. For purposes of 253 § 583.115 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) S400,000; or (2) The total cost of the new con- struction, including the cost of land as- sociated with that construction, minas the applicant's contribution toward the cost of same. § 583.115 Grants for Ieasing. (a) General. HUD will provide grants to 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, type, quality, amenities, facilities, and management services. La addition, the 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. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] § 583.120 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 24 CFR Ch. V (4-1-09 Edition) 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 prodded 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. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] § 583.125 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 sack services; relocation assistance under § 583.310, in- cluding payments and services; and in- surance. (c) Recipient match requirement for 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 perbentage 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. C58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12, 2000] § 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 254 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.150 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 the. Office of Management and Budget under OMB control number 2506-0112) [59 FP. 36891, July 19, 1994] *583.135 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 fpr 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. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996] * 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 the purpose of promoting the develop- ment of supportive housing and sup- portive services as part of a continuum of care approach, including innovative approaches to assist homeless persons. in the transition from homelessness, and promoting the provision of sup- portive housing to homeless persons to enable them to live as independently as possible. (b) Uses of technical assistance. HUD may use these funds to provide tech- nical assistance to prospective appli- cants, applicants, recipients, or other providers of supportive housing or serv- 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) Selection 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 § 5583.145 Matching requirements. (a) General. The recipient must match the funds provided by HUD for grants for acgaisition, 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, in ac- cordance with 42 U.S.C. 11386. This statute provides that a recipient may use funds from any source, including any other Federal source (but exclud- ing the specific statutory subtitle from which Supportive Housing Program funds are provided), as well as State, local, and private sources, provided that funds from the other source are not statutorily prohibited to be used as a match. It is the responsibility of the recipient to ensure that any funds used to satisfy the matching requirements of this section are eligible under the laws governing the funds to beused as matching funds for a grant awarded under this program. (c) Maintenance of effort. State or local government (ands used in the matching contribution are subject to the maintenance.of effort requirements described at §583.150(a). [58 FR 13871, Mar. 15, 1993, as amended at 73 FR 75326, Dec. 11, 2008] § 583.150 Limitations on use of assist- ance. (a) Maintenance of effort. No 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 use, to assist homeless persons. (b) Faith -based activities. (1) Organiza- tions that are religious or faith -based are eligible, on the same basis as any other organization, to participate in 255 § 583.155 the Supportive Housing Program. Nei- ther the Federal government nor a State or local government receiving funds under Supportive Housing pro- grams shall discriminate against an or- ganization on the basis of the organiza- tion's religious character or affiliation. (2) Organizations that are directly funded under the Supportive Housing Program may not engage in inherently religious activities, such as worship, religions 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 that 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 syLilbols. In addition, a Supportive Housing Program -funded religions organisation retains its au- thority over its internal governance, and it may retain religions 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. (5) Program funds may not be used for the acquisition, construction, or re- habilitation of structures to the extent that those structures are used for in- 24 CFR Ch. V (4-1-09 Edition) herently religious activities. Program funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for con- ducting eligible activities under this part. Where a structure is used for both 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 grant, is subject to gov- ernment -wide regulations governing real property disposition (see 24 CFR parts 84 and 85). (6) If a State or local government vol- untarily contributes its own funds to 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 all of the commingled funds. (c) Participant control of site. Where an applicant does not propose tohave con- trol of 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 in- dividual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilita- tion, or new construction. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1993; 68 FR 56407, Sept. 30, 2003] § 553.155 Consolidated plan. (a) Applicants that are States or units of general local government. The appli- cant must have a HUD -approved com- plete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and 256 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §533.230 must submit a certification that the application for funding is consistent with the HUD -approved consolidated plan. Funded applicants must certify in a 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 must 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 mast be made by the unit of general local government or the State, in accordance with the consistency cer- tification provisions of the consoli- dated plan regulations, 24 CFR part 91, subpart F. (c) Indian tribes and the Insular Areas of Guam, 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 certifi- cation submissions. Unless otherwise set forth in the NOFA, the required certifi- cation that the application for funding is consistent with the HUD -approved consolidated plan must he submitted by the funding application submission deadline announced in the NOFA. [60 FR 16380, Mar. 30, 1995] Subpart C—Application and Grant Award Process § 583.200 Application and grant award. When funds are made available for assistance, HUD will publish a notice of fending availability (NOFA) in the FEDEaAL REGISTER, 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. [61 FR 51176, Sept. 30, 1996) § 583230 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 perform 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 part. The re- cipient also shall carry outmitigating measures required by the responsible entity (or HUD, if applicable) or select alternate eligible property. STUD may eliminate from consideration -any ap- plication that would require an Envi- ronmental Impact Statement (EIS). (b) The recipient, its project partners and their contractors may not.acquire, rehabilitate, convert, lease, repair, dis- pose of, demolish or construct property for a project under this part, or com- mit or expend HUD or local funds for such eligible activities under 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 50 and the recipient has received HUD ap- proval of the property. HUD will not 257 § 583.235 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). (68 FR 56131, Sept. 29, 2003] § 583 235 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 B. 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) Up to the amount of HUD assist- ance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. (c) HUD review. (1) HUD will review the request for renewal and will evalu- ate the recipient's performance in pre- vious years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a popu- lation that is not homeless, or the re- cipient has not shown adequate progress as evidenced by an unaccept- 24 CFR Ch. V (4-1-09 Edition) ably slow expenditure of funds, or the recipient has been unsuccessful in as- sisting participants in achieving a.nd maintaining independent living. In de- termining the recipient's success in as- sisting 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. Other factors which will affect HUD's decision to approve a renewal request include the following: a con- tinuing history of inadequate financial management accounting practices, in- dications of mismanagement on the part of the recipient, a drastic reduc- tion 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 and Budget under control number 2506-0112) Subpart D—Program Requirements § 583.300 General operation. (a) State and local requirements. ,Each recipient of assistance under this part must provide -housing or services that are in compliance with all applicable State and local housing codes, licens- ing requirements, and any other re- quirements in the jurisdiction in which the project is located regarding the condition of the structure and the op- eration of the housing or services. (b) Habitability standards. Except for such variations as are proposed by the recipient and approved by HUD, sup- portive housing must meet the fol- lowing requirements: (1) Structure and materials. The struc- tures must be structurally sound so as not to•pose any threat to the health 258 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.300 and safety of the occupants and so as 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 that threaten the healthof resi- dents. (5) Water supply. The water supply must be free from contamination. (6) 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. stole prepare, and serve food in a sanitary manner. (10) Sanitary condition.. The housing and any equipment must be maintained in sanitary condition. (11) Fire safety. (i) Each unit must in- clude at least one battery -operated or hard -wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent prac- ticable, in a hallway adjacent to a bed- room. If the unit is occupied by hear- ing -impaired persons, smoke detectors must have an alarm system designed for hearing -impaired persons in each bedroom occupied by a hearing -un- paired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less. than one for each area, of battery -operated or hard -wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells; and other com- mon areas. (c) Meats. Each recipient of assist- ance under this part who provides sup- portive housing for homeless persons with disabilities must provide meals or meal preparation facilities for resi- dents. (d) Ongoing assessment of supportive services. Each recipient of assistance under this part must conduct an ongo- ing assessment of the supportive serv- ices required by the residents of the project and the availability of such services, and make adjustments as ap- propriate. (e) Residential supervision. Each re- cipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential super- vision may include the employment of a full- or part-time residential super- visor with sufficient knowledge to pro- vide or to supervise the provision of supportive services to the residents. (f) Participation of homeless persons. (1) Each recipient must provide for the participation of homeless persons as re- quired in section 426(g) of the McKin- ney Act (42 U.S.C. _11386(g)). This re- quirement is waived if an applicant is unable to meet it and presents a plan for HUD approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also § 583.330(e). (2) Each recipient of assistance under this part must, to the maximum. extent practicable, involve' homeless individ- uals and families, through employ- ment, volunteer services, or otherwise, in constructing, rehabilitating, main- taining, and operating the project and 259 §583.305 in providing supportive services for the project. (g) Records and reports. Each recipient of assistance under this part must keep any records and make any reports (in- cluding those pertaining to race, eth- nicity, gender, and disability status data) that HUD may require within the timeframe required. (h) Confidentiality. . Each recipient that provides family violence preven- tion or treatment services must de- velop and implement procedures to en- sure: • (1) The confidentiality of records per- taining to any individual services; and (2) That the address or location of any project assisted will not be made public, except with written authoriza- tion of the person or persons respon- sible for the operation of the project. (i) Termination of housing assistance. The recipient may terminate assist- ance to a participant who violates pro- gram requirements. Recipients should terminate assistance only in the most severe cases. Recipients may resume assistance to a participant whose as- sistance was previously terminated. In terminating assistance to a partici- pant, the recipient must provide a for- mal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (1) Written notice to the participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the participant is given the oppor- tunity to present written or oral objec- tions before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (3) Prompt written notice of the final decision to the participant. (j) Limitation of stay in transitional housing. A homeless individual or fam- ily may remain in transitional housing for a period longer than 24 months, if permanent housing for the individual or family has not been located or if the 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- 24 CFR Ch. V (4-1-09 Edition) 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 NHS with respect to the appropriate- ness of the proposed services. (1) Annual assurances. Recipients who receive assistance only for leasing, op- erating 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 Management and Budget under control number 2506-0112) [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994; 61 FR 51176, Sept, 30, 1996] § 583.305 Term of commitment; repay- ment of grants; prevention of undue benefits. (a) Tenn of commitment 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 benefits. In accordance with section 423(c) of the McKinney Act (42 U.S.G. 11363(c)), HUD wU1 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.51176, Sept. 30, 1996] §583.310 Displacement, relocation, and acquisition. (a) Minimizing displacement. Con- sistent with the other goals and objec- tives of this part, recipients must as- 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 assisted under this part. 260 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §583.310 (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Prop- erty Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) 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 aneligible project cost in the 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- onstrate 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 with 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. (f) Definition of displaced person. (1) For purposes of. this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from rP21 property, or moves personal prop- erty from real property permanently as a direct result of acquisition, rehabili- tation, or demolition for supportive housing projects assisted under this part. The term "displaced person" in- cludes, but may not be limited to: (i) A person that moves permanently from the real property after the prop- erty owner (or person in control of the site) issues a vacate notice, or refuses to renew an expiring lease in order to evade the responsibility to provide re- location assistance, if the move occurs on or after the date the recipient sub- mits to HUD the application or appli- cation amendment designating the project site. (ii) Any person, including a person who moc*es before the date described in paragraph (f)(1)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from ac- quisition, rehabilitation, or demolition for the assisted project. (ii.i) A tenant -occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (g) of this section) if the move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and oc- cupy a suitable, decent, safe and sani- tary dwelling in the same building/ complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and esti- mated average utility costs, or (B) 30 percent of gross household in- come. If the initial rent is at or near the maximum, there must be a reason- able basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is re- quired to . relocate temporarily, but does not return to the building/com- plex, if either: (A) A tenant is not offered payment for all reasonable out-of-pocket ex- penses incurred in connection with the temporary relocation, or (B) Other conditions of the tem- porary relocation are not reasonable. 261 § 583.315 (v) A tenant of a dwelling who moves from the building/complex perma- nently after he or she has been re- quired to move to another unit in the same building/complex, if either: (A) The tenant is not offered reim- bursement for all reasonable out-of- pocket expenses incurred in connection with the move; or (B) Other conditions of the moveare not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, a per- son does not qualify as a "displaced person" (and is not eligible for reloca- tion assistance under the URA or this section), if: (i) The person has been evicted for se- rious or repeated violation of the terms and conditions of the lease or occu- pancy agreement, violation of applica- ble Federal, State, or local or tribal law, or other good cause, and HUD de- termines that the eviction was not un- dertaken for the purpose of evading the obligation to provide relocation assist- ance; (ii) The person moved into the prop- erty after the submission of the appli- cation and, before signing a lease and commencing occupancy, was provided written notice of the project, its pos- sible impact on the. person (e.g., the person /nay be displaced, temporarily relocated., or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this sec- tion), if the project is approved; (iii) The person is ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced' as a direct result of acquisition, rehabilitation, or demoli- tion for the project. (3) The recipient may request,•at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotia- tions. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabili- tation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution 24 CFR Ch. V (4-1-09 Ed€1ion) of the agreement between the recipient and HUD. Cn) Definition of project. For purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994] § 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 income; 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. P..esident 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. (c) Fees. In addition to resident rent, recipients may charge residents rea- sonable_ fees for services not paid with grant funds. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994; 66 FR 6225, Jan. 19, 2001] 262 Ofc, of Asst. Secy., Comm. Planning, Develop., HUD § 583.325 §583.320 Site controL (a) Site control. (1) Where grant funds will be used for acquisition, rehabilita- tion, or new construction to provide supportive housing .or supportive serv- ices, or where grant funds will be used for operating costs of supportive hous- ing, or where grant funds will be used to provide supportive services except where an applicant will 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 this 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 niu.st 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 deobligate the award of assistance. (c) Failure to obtain site control within one year. HUD will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the ex- piration of one year after initial -notifi- cation -of an award. § 583.325 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- tunity 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 (lI3As) when established by the exercise of such powers. When an IEA 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 that are accessible to persons With a handicap and maintain evidence of implementation' of the pro- cedures. (dj Accessibility requirements. The re- cipient must comply with the new con- struction. accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and reha- bilitation accessibility requirements of section 509 as follows: (1) All new construction must meet the accessibility requirements of 24 263 § 583.330 CFR 8.22 and, as applicable, 24 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 24 CFR 8.23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30, 1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30, 1996] § 583.330 Applicability of other Federal requirements. In addition to the requirements set 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 commnnity 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 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, de- pending on the assistance requested. (c) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Prin- ciples Applicable to Grants, Contracts and Other Agreements with State and Local Governments) and 24 CFR part 85 apply to the award, acceptance, and use of assistance under the program by governmental entities, and OMB air- 24 CFR Ch. V (4-1-09 Edition) cuiar Nos. A-110 (Grants and Coopera- tive Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit . Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the ac- ceptance and use of assistance by pri- vate nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive Office Building, Washington, DC 20503, telephone (202) 395-7332. (This is not a toll -free number.) There is a limit of two free. copies. (d) Lead -based Paint. The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and imple- menting regulations at past 35, sub- parts A, B, J, K, and R of this title apply to, activities wider this program. (e) Conflicts of interest. (1) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the re- cipient and who exercises or has exer- cised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with regard to such activi- ties, may obtain a personal or financial interest.or benefit from the activity, or have an interest in any contract, sub- contract, or agreement with respect thereto, or the proceeds thereunder, ei- ther for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participa- tion by homeless individuals who also are participants under the program in policy or decisionmaking under § 583.300(f) does not constitute a con- flict of interest. (2) Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)(1) of this section on a case -by -case basis when it determines that the exception will serve .to further the purposes of the program and the effective and effi- cient administration of the recipient's 264 Ofc. of Asst. Secy., Comm. Planning, Develop., HUD § 583.4c 5 project. An exception may be consid- ered only after the recipient has pro- vided the following: (i) For States and other govern- mental entities, a disclosure of the na- ture of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a descrip- tion of how the public disclosure was made; and (ii) For all recipients, an. opinion of the recipient's attorney that the inter- est for which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e)(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether the exception- would pro- vide a significant cost benefit or an es- sential degree of expertise tothe project which Would otherwise not be available; (ii) Whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific as- sisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in para- graph (e)(1) of this section; (v) Whether undue hardship will re- sult either to the recipient or the per- son affected when weighed against the public interest served by avoiding the prohibited conflict; and (vi) Any other relevant consider- ations. (f) Audit. The financial management systems used by recipients under 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. (g) Davis -Bacon Act. The provisions of the Davis -Bacon Act do not apply to this program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 1999] Subpart E—Administration § 583.400 Grant agreement. (a) General. The duty to provide sup- portive housing or supportive services in accordance with the requirements of 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 competi- tively selected for funding in the year the application was selected.' (b) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipi- ent's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 1996] 265 § 583.410 24 CFR Ch.. V (4-1-09 Edition) § 583.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a grant agree- ment, funds are obligated to cover the amount of the approved assistance wader 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- sions to increase the amount obligated. (c) Deobligation. (1) HUD may deobligate all or parts of grants for ac- quisition, rehabilitation, acquisition and rehabilitation, or new construc- tion: . • (I) 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) If proposed activities for which funding was approved are no t begun within three months or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deobligate 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 § 583.200, or (ii) Award deobligated funds to appli- cations previously submitted in re- sponse to the most recently published notice of fund availability, and in ac- cordance with subpart C of this part. 266 The 2011 Amendments to the Codified SHP Regulation 6. The authority citation for 24 CFR part 583 continues to read as follows: Authority: 42 U.S.C. 3535(d) and 11389. 7. In §583.5, the definitions of "Disability" and "Homeless person" are removed and the definitions of 'Disability," "Developmental disability," and "Homeless" are added to read as follows: $ 583.5 Definitions. * * * Developmental disability means, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002): (1) A severe, chronic disability of an individual that— (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Is manifested before the individual attains age 22; • (iii) Is likely to continue indefinitely; (iv) Results in substantial functional limitations in three or more of the following areas of major life activity: (A) Self -care; (B) Receptiveand expressive language; (C) Learning; (D) Mobility; (E) Self -direction; (F) Capacity for independent living; (G) Economic self-sufficiency; and (v) Reflects the individual's need for Billing Code 4210-67 a. combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (2) An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in paragraphs (1)(i) through (v) of the definition of "developmental disability" in this section if the individual, without services and supports, has a high probability of meeting those criteria later in life. * * * * Disability means: (1) A condition that: (i) Is expected to be long -continuing or of indefinite duration; (ii) Substantially impedes the individual's ability to live independently; (iii) Could be improved by the provision of more suitable housing conditions; and (iv) Is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post -traumatic stress disorder, or brain injury; (2) A developmental disability, as defined in this section; or (3) The disease of acquired immunodeficiency syndrome (AIDS) or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV). * * * * Homeless means: (1) An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning: (i) An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground; (ii) An individual or family living in a supervised publicly or privately operated shelter desiated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or (iii) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) An individual or family who will imminently lose their primary nighttime residence, provided that: (i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been identified; and (iii) The individual or family lacks the resources or support networks, e.g., family, friends, faith -based or other social networks, needed to obtain other permanent housing; (3) Unaccompanied youth under 25 years of age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: 2 (i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3 of the Food and. Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership interest, or occupancy agreement in permanent housing at any time during the 60 days immediately preceding the date of application for homeless assistance; (iii) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of applying for homeless assistance; and (iv) Can be expected to continue in such status for an extended period of time because of chronic disabilities, chronic physical health or mental health conditions, substance addiction, histories of domestic violence or childhood abuse (including neglect), the presence of a child or youth with a disability, or two or more barriers to employment, which include the lack of a high school degree or General Education Development (GED), illiteracy, low English proficiency, a history of incarceration or detention for criminal activity, and a history of unstable employment; or (4) Any individual or family who: (i) Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life - threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence; (ii) Has no other residence; and (iii) Lacks the resources or support networks, e.g., family, friends, and faith - based or other social networks, to obtain other permanent housing. 8. A new § 583.301 is added to read as follows: - - -. 4 583.301 Recordkeeping. (a) [Reserved.] (b) Homeless status. The recipient must maintain and follow written intake procedures to ensure compliance with the homeless definition in § 583.5. The procedures must require documentation at intake of the evidence relied upon to establish and verify homeless status. The procedures must establish the order of priority for obtaining evidence as third -party documentation first, intake worker observations second, and certification from the person seeking assistance third. However, lack of third -party documentation must not prevent an individual or family from being immediately admitted to emergency shelter, receiving street outreach services, or being immediately admitted to shelter or receiving services provided by a victim service provider, as defined in section 401(32) of the McKinney-Vento Homeless Assistance Act, as amended by the HEARTH Act. Records contained in an HMIS or comparable database usedby victim service or legal service providers are acceptable evidence of third -party documentation and intake worker observations if the HMIS retains an auditable history of all entries, including the person who entered the data, the date of 3 entry, and the change made; and if the HMIS prevents overrides or changes of the dates on which entries are made. (1) If the individual or family qualifies as homeless under paragraph (1)(i) or (ii) of the homeless definition in § 583.5, acceptable evidence includes a written observation by an outreach worker of the conditions where the individual or family was living, a written referral by another housing or service provider, or a certification by the individual or head of household seeking assistance: (2) If the individual qualifies as homeless under paragraph (1)(iii) of the homeless definition in § 583.5, because he or she resided in an emergency shelter or place not meant for human habitation and is exiting an institution where he or she resided for 90 days or less, acceptable evidence includes the evidence described in paragraph (b)(1) of this section and one of the following: (i) Discharge paperwork or a written or oral referral from a social worker, case manager, or other appropriate official of the institution, stating the beginning and end dates of the time residing in the institution. All oral statements must be recorded by the intake worker; or (ii) Where the evidence in paragraph (b)(2)(i) of this section is not obtainable, a written record of the intake worker's due diligence in attempting to obtain the evidence described in paragraph (b)(2)(i) and a certification by the individual seeking assistance that states he or she is exiting or has just exited an institution where he or she resided for 90 days or less. (3) If the individual or family qualifies as homeless under paragraph (2) of the homeless definition in § 583.5, because the individual or family will imminently lose their housing, the evidence must include: GRANT NUMBER: FL0189B4D001104 City of Miami (MMHAP) North Program / ATTACHMENT A-1 SCOPE OF SERVICES The Subrecipient shall provide outreach, assessment and placement into housing of homeless persons (individuals and families) comprised of 2,000 contacts, 1,000 assessments and 400 placements with seven (7) day follow up. The Subrecipient will accept referrals from emergency shelters, transitional housing facilities, outreach teams and other service providers in the Continuum of Care. The Subrecipient shall provide outreach, assessment and placement into supportive housing of homeless participants under this one-year Agreement grant. The Subrecipient shall provide services as proposed in the application to U.S. HUD pursuant to the 2011 Super NOFA (incorporated herein by reference), including but not limited to: 1. Extensive outreach 2. Initial assessment and evalations; 3. Referral to and placement to housing (where appropriate and available); 4. Provide or referral to all appropriate and available mainstream services; 5. Transportation assistance services; 6. Seven (7) day follow up. Conditions: 1. Reimbursement shall be limited to operations, supportive services, leasing, administration, and the costs associated with these activities as described in the Subrecipient's application and approved by the Grantee; 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 payment, as provided for in this Agreement; 3. Monthly progress reports and program narratives signed by the Executive Director of the Subrecipient's agency shall be submitted by the Subrecipient, as required; 4. The Subrecipient will serve clients referred by the Grantee within available resources. or its designee for housing and/or services through the Grantee's established referral process; 5. Services shall be provided in 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 in 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. OMB Approval No. 2506-0183 (exp. 4/30/2012) • Technical Project Number: FLOI 89B4D001104 Submission Project Identifier: Exhibit 1: Project Summary D. Type and Scale of Housing This page may be duplicated if there are more than three types of housing. Housing type (select one) ❑ Barracks ❑ Dormitory ❑ Shared Housing ❑ SRO Units ❑ Clustered Housing ❑ Scattered -site Apartments ❑ Single Family Homes/ Townhomes /Duplexes Address: Identify the units, bedrooms and beds for the type of housing listed above. Units Bedrooms Beds HUD-40090-3 a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical Project Number: FL0189B4D001104 Submission Project Identifier: Exhibit 1: Project Summary D.1. Households in the Project — with Dependents (Children) The purpose of this form is to capture the total number of homeless persons the organization has committed to serve as indicated in the e-snaps application or as modified by the field office (i.e., change due to funds being reduced), as well as the subpopulations/disabilities for each household member. If the project is not serving households with dependent children, enter "0" in the "Total Number of Households" field. Enter the same information that was entered into e-snaps in the original application or use this form to indicate any changes since the project was conditionally -selected. Total Number of Households s x Total Persons Severely Mentally Ill Chronic Substance Abuse Veterans Persons with HIV/AIDS Victims of Domestic Violence Disabled Adults Non- Disabled Adults;, . Disabled Children Non- Disabled Children e}x s Total Persons Total Number of Adults Total Number of Children HUD-40090-3 a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical Project Number: FL0 ]. 89B4D001104 Submission Project Identifier: Exhibit 1: Project Summary. (continued) D.2. Households in the Project — without Dependents (Children) The purpose of this form is to capture the total number of homeless persons the organization has committed to serve as indicated in the e-snaps application or as modified by the field. office (i.e., change due to funds being reduced), as well as the subpopulations/disabilities for each household member. If the project is not serving households without dependent children, enter "0" in the "Total Number of Households" field. Enter the same information that was entered into e- snaps in the original application or use this form to indicate any changes since the project was conditionally -selected. Total Number of Households 44 y Total Persons Chronically Homeless Severely Mentally Ill Chronic Substance Abuse Veterans Persons with HIV/AIDS Victims of Domestic Violence Disabled Adults Non -Disabled Adults Disabled Unaccompanied Youth Non -Disabled Unaccompanied Youth Total Persons Total Number of Adults Total Number of Children HUD-40090-3a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical Project Number: FLOI 89B4D001 104 Submission Project Identifier: Exhibit 1: Project Summary Residential Stability Objectives: Conduct outreach, assessment and placement and 7 day follow up services to at Least 1,000 homeless persons (individuals and families) during the operating year to ensure residential stability. At least 70% (800) of all outreach contacts will be assessed, placed and provided 7 day follow up services into appropriate housing in the Continuum of Care Increase Skills or Income Objectives: Conduct outreach, assessment and placement and 7 day follow up services to at least 1,000 homeless persons (individuals and families) during the operating year. All of the eligible assessed and placed participants will be linked to agencies that provide other sources of income or benefits. Greater Self-determination Objectives: Provide outreach, assessment and placement with 7 day follow up services for at least 800 persons which will link them to service plans that ensure greater self-determination. HUD-40090-3a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical Project Number: FLOI 89B4D001 104 Submission Project Identifier: Exhibit 1: Project Summary C. Program Goals - Goal: Residential Stability Conduct outreach, assessment and placement and 7 day follow up services to at least 1,000 homeless persons (individuals and families) during the operating year to ensure residential stability. At least 70% (800) 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 Conduct outreach, assessment and placement and 7 day follow up services to at least 1,000 homeless persons (individuals and families) during the operating year. All of the eligible assessed and 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 7 day follow up services for at least 800 persons which will link them to service plans that ensure greater self-determination. The Miami -Dade County Homeless Outreach Assessment and Placement Program — North 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 and independence Number of Units, Beds, Participants and Supportive Services These 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 Feld Office has notified you that they are required. Submit only those that apply. The charts can be found in theNew Projects Section of the Technical Submission. HUD-40090-3 a ATTACHMENT A-5 (2 of 2) Applicant: Miami -Dade County Project: MMHAP North Instructions: FL0189B4D001 Standard Performance Measures For each applicable question on this form, the Applicant must establish performance measurement goals for this project. All applicants are required to set a housing stability goal and to select at least one other performance measure on which the grantee will report performance in the Annual Performance Report (APR). The LUniverse�, column specifies the total number of persons about whom the measure is expected to be reported. In the ,Target #6 column, applicants should specify the number of applicable clients (e.g., the number of persons for whom the goal is relevant) who are expected to achieve the measure within the operating year. The system will calculate a percentage in the "Target. %". column. For example, if 80 out of 100 clients are expected to remain in the permanent housing program or exit to other permanent housing, the target % should be ,80%L. 1. Specify the target goal for each applicable performance measure. Housing Measure Universe (#) Target (#) Target % (calculat ed) a. Persons placed into housing (ES, TH, SH, or PH) as a result of the street outreach program during the operating year. 2,000 400 2. Choose at least one service -linkage performance measure from below, and specify the target numbers for the goal. Among persons who entered with an unmet service need associated with a condition listed below, indicate how many received the services for that condition by the time they exited. Housing Measure Universe (#) Target (#) Target (%) (calculated) Physical Disability. Developmental Disability. Chronic Health. HN/AIDS. 0% Mental Health. Substance Abuse. 50 35 70%0' Exhibit 2 Page 1 04/28/2011 ATTACHMENT A-6 PROJECT MILESTONES N/A FOR THIS PROJECT Technical Submission OMB Approval No. 2506-0183 (exp. 4/30/2012) Project Number: FL0189B4D001104 Cover Page Recipient's Name: Miami -Dade County Homeless Trust Sponsor's Name: City of Miami Program Name: Miami Metro Homeless Assistance Program North (MMHAP-North) Duration: February lst, 2012 — January 31, 2013 Check the program component/type that classifiesthe project: ❑ Transitional Housing (TH) ❑ Permanent Housing for Homeless Persons with Disabilities (PH) ® Supportive Services Only (SSO) ❑ Safe Haven (SH) ❑ Homeless Management Information System (HMIS) ❑ Innovative Supportive Housing (ISH) Table Of Contents (Enter the page number for each Exhibit in the space provided below.) 7, 8 Exhibit 1 Project Summary Exhibit 3 Real Property Leasing 20 to 26 Exhibit 4 Supportive Services Exhibit 5 Operating Budget 30 Exhibit 7 Administration Certification: Name & Title of the Person who can answer questions about this document: Sergio Torres, Program Administrator r Email address: storres@miamigov.com Phone (include area code): 305 960 4988 Address: 1490 NW 3rd Ave. Suite 105, Miami, FL. 33136 I hereby certify that all the information stated bere_iuls 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; 31 U.S.C. 3729, 3802) Name & Title of Authorized Official: Signature & Date: HUD-40090-3a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical . Project Number: FL0189B4D001104 Submission Project Identifier: Exhibit 1: Project Summary A. Selectee, and Sponsor Information - Fill in the information requested below. Fill in the HMIS Lead for HMIS projects. When the selectee is the same organization as the project sponsor, complete only 1e selectee information. Selectee Name Miami -Dade County Homeless Trust Sponsor Name Contact Person David Raymond, Director Contact Person Sergio Torres Phone (305) 375-1490 Phone (305) 960 - 4988 FAX Number (305) 375-2722 FAX Number (305) 400 - 5321 E-Mail Address dray a.miamidade.gov E-Mail Address storres@miamigov.com Street Address Suite 310, 27th FL 111 NW 15' Street Street Address 1490NW 3`d Ave, Suite 105 City, State, Zip Miami, Florida 33128 City, State, Zip Miami, Florida 33136 HMIS Lead Miami -Dade County Homeless Trust Contact Person Barbara Golphin Street Address Suite 310, 27`h FL 111 NW IS` Street Phone (305) 375-1490 City, State, Zip Miami, Florida 33128 E-Mail Address rtngl na,miamidade.gov B. Project Budget and Milestones - This section must be completed by all iew selectees. 1. Chart 1 - Summary Project Budget Requested grant term 1 Year Renewal Chart 1 - Summary Project Budget SHP Request Applicant Cash Total Project Budget Real Property Leasing Supportive Services** $ 278,724 $ 69,681 $ 348,405 Operations*** SHP Request $ 278,724 $ 69,681 $ 348,405 Administration $ 13,936 Total SHP Request $ 292,660 $ 69,681 362,341 ** By law, SHP funds can be 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. HUD-40090-3a OMB Approval No. 2506-0183 (exp. 4/30/2012) Technical Submission Project Number: FLOI 89B4D001104 Project Identifier: Exhibit 4: Supportive Services Submission A. Supportive Services Budget Chart 4A: 80% Supportive Service Expense Total Outreach 6.0FTE 100% @ 27,757 = $ 166,542 100% taxes + benefits = $12,740 Total = $ 179,282 $ 143,426 $ 143,426 Case Management 1.0 FTE 100% @ 41,202 = $ 41,202 100% taxes + benefits = $ 3,152 Total = $ 44,354 $ 35,483 $ 35,483 Intake and Referral Specialist 1.0 FTE 100% @ 23,000 = $ 23,000 100% taxes + benefits = $ 1,760 Total = $ 24,760 $ 19,808 $ 19,808 Special project Assistance I.0 FTE 100% @ 33,909 = $ 33,909 100% taxes + benefits = $ 2,594 Total = $ 36,503 $ 29,202 $ 29,202 Communication for Outreach Supplies: Phone lines, cell phones, radios, network between office and outreach staff. Total = $ 8,830 $ 7,064 $ 7,064 Equipment and Related Services Supplies: Copier machine, additional computer software and management equipment. Total = $ 3,429 $ 2,743 $ 2,743 Residential Stability Follow -Up Supplies: 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. Total = $ 6,438 $ 5,150 $ 5,150 Postage and Related Services Supplies: mailing of material, printing and reproduction, brochures etc. Total = $ 752 $ 602 $ 602 Miscellaneous Supplies Supplies: Safety equipment, first aid kits, sanitary supplies, stationary or office supplies, etc. Total = $ 8,057 $ 6,446 $ 6,446 Transportation Supplies: Leasing, gas and maintenance of vehicles to support outreach and transportation purchase of bus passes, relocation services for families and individuals. Total = $ 36,000 $ 28,800 $ 28,800 SHP REQUEST* $ 278,724 $ 278,724 HUD-40090-3 a OMB Approval No. 2506-0183 (exp. 4/30/2012) Selectee's Match $ 69,681 $ 69,681 Total Supportive Services Budget $ 348,405 $ 348,405 *The SHP request cannot be more than 80% of the total supportive services budget r HUD-40090-3a Technical Submission (cont.) OMB Approval No. 2506-0183 (exp. 4/30/2012) Project Number: FL0] 89B4D001104 Project Identifier: Exhibit 7: Administration (all new projects requesting administration funds) A. Administrative Costs Administrative Costs Total Administrative Activity: 2.5%Name of Agency Activities include: preparation of Annual Progress Report, audit of Supportive Housing Program funds, staff time spent reviewing and/or verifying invoices for grant funds, and maintaining records of the use of those funds. $6,968 Administrative Activity: 2.5% to Miami -Dade County Homeless Trust Activities include: preparation of Annual Progress Report, audit of Supportive Housing Program, staff time spent reviewing and/or verifying invoices for grant funds, and maintaining records of the use of those funds. $6,968 TOTAL SHP REQUEST FOR ADMINISTRATIVE COSTS $13,936 Amount for Selectee $6,968 Amount for Project Sponsor $6,968 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-40090-3 a