HomeMy WebLinkAboutExhibit 1AGREEMENT BETWEEN MIAM -DADE COUNTY
AND
CITY OF MIAMI
FOR A 2011 SUPPORTIVE HOUSING PROGRAM GRANT FL0190B4D001104
MIAMI METRO HOMELESS ASSISTANCE PROGRAM OVEIVE IAP) SOTJTH
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 IV 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. Activi.ties
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
2,
The Grantee and the Subrecipient agree that this Agreement shall become effective on
June 1, 2012.
This Agreement shall expire May 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.
\L.Aic
GRANT NUMBER: FLO 190B4D 001104
City of Miami - (MMHAP) South 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 terns 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, S132,180.00 for Supportive
Services, S0.00 for Operations and $6,609.00 for administration (minus 2.5% administrative
costs to -be retained --by -the Grantee), for -a total budget of S138,789.00. 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 when a 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 d.ocumentation.
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 1,000 outreach, assessment and placement with seven (7) day
follow up services to homeless participants (individuals and families). At least 80% (800.) of
all outreach contacts will result in assessment and placement into the appropriate housing in
the Continuum of Care in. Miami -Dade County. The program main office is at 10th Floor, 444
S.W. 2nd Avenue, Miami, Florida 33130. 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.
II. RECORDS AND REPORTS
A. Financial Management
1. The Grantee and the Subrecipient shall a.dhere to the requirements for financial
reporting as stated in 24 CPR Part 85.4E
GRANT NUMBER: FLO190B4D001 l 04
City of .Miami - (MMHAP) South Program /Page 3 of 24
2. Requests for payments, along with documentation 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 (20t) 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.
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 fmal report
of expenditures shall be submitted to the Grantee. If after the receipt of such final report,
the Grantee deteiuiines 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 deteimuine if the
Subrecipient is entitled to such Rinds 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,
GRANT NUMBER: FL0190B4D001104
City of Miami - (IvfMI3AP) South Program / Page 4 of 24
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
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, genera] 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 materiai.s developed in.
the performance of this Agreement. These unlimited rights include the rights of royal.ty-
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.
b. 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.
I. Progress Reports — Subrecipient shall submit a Homeless ManagementInformation
System (IHMIS) 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
GRANT NU1v1BER: FLO 190B4D001104
City of Miami - (MM9{AP) South Program. / Page 5 of 24
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
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 Depai tuient of Housing and Urban Development -(HUD) form HUD-40118,
"Annual Progress Report (APR) for Competitive Homeless Assistance Programs" (Refer
to Attachment G). 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 annualcertified.
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. Annual 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, 27th Floor, Suite 310, Miarni, Florida 33128; telephone (305) 375-1490
and facsmilie (3.05) 375-2722.
GRANT NUMBER: FL0190B4 D001.104
City of Miami - (Ivfl 4TIAP) South Program / Page 6 of 24
8. Disaster Plan — The Subrecipient shall submit an Agency Disaster Plan by April 1of
each Contract year.
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.
Performance Improvement Plan
Based on past performance in the area of Utilization compliance, this Agreement is subject to
a Performance Improvement Plan (PEP). During the te,ui of this Agreement; the
Subrecipient must submit all reimbursement invoices in a timely manner as specified within
this document. The Subrecipient shall invoice at a rate of 95% of targeted expenditures for
the allotted period. If the Subrecipient fails to comply, all rights to payments will be forfeited
if the Grantee so chooses. Timely manner is defined as appropriately documented, eligible,
allocable, allowable invoices at a rate of 95% targeted expenditures no later than the end of
the third (376) quarter of this Agreement term. Failure to submit in a timely manner may
result in the termination of this Agreement by the Grantee.
Based on past performance in the area of Program Goals and Objectives, this Agreement is
subject to a Performance Improvement Plan (PIP). During this Agreement term, the
Subrecipient must achieve those goals specified in the applicable Attachments and within this
document. Performance against the annual national goals shall be evaluated on a quarterly
basis. Substantial compliance is defined as meeting the target national goals and objectives as
outlined in the performance measures of US HUD herein. referenced.
The above is subject to the review, approval and discretion of Miami -Dade County Homeless
Trust.
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.
GRANT NUIviBBR: FL0190B4D001104
City of Miami - (1v1MHAP) South Program / Page 7 of 24
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.
Workman's Compensation Insurance for all employees of the Subrecipient as
required by Fl. Statute 440.
FIood 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 frn.ancial 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.
GRANT NUMBER: FL0190B4D0013 04
City of Miami - (1v11v11.1A.P) South Program / Page 8 of 24
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 bold 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 is an
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.
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 II.
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.
GRANT NUMBER: FL0190B4D001104
City of Miami - (1v1MRAP) South. Program / Page 9 of 24
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.
Affirmative Action/Nondiscrimination of Employment Promotion and
Procurement Practices (County Ordinance 98-30) Attachment J, Section l E i
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 accoisunodations.
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.
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 local law 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).
GRANT NUMBER: FL0190B4D001l 04
City of Miami - (MM1-JAP) South Program / Page 10 of 24
III. SUSPENSION AND TERADNATION
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 Subreci.pient or both.
Reasonable cause shall be determined by the Grantee and in its sole and absolute discretion
and may include:
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.
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 v,Titing to the Subrecipient.
Said notice shall be sent by certified mail, return receipt requested, or in person
GRANT NUMBER FL0190B4D001104
City of Miami - (MMHAP) South Program / Page 11 of 24
with proof of delivery. The .Grantee shall be the final and sole authority
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 reguire the Provider to pm' 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
selection 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 Subrecipi.ent ("Provider") is not making sufficient progress in its
performance ofthis 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 El(G) of this Contract; 8)
the Provider fails to provide Domestic Violence Leave to its employees pursuant
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 of any 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 teiins 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 attorney's fees.
Any individual or entity who attempts to meet its contractual obligations with the
County through fraud; misrepresentation or material misstatement rna be
disbarred from County contracting for up to five (5) years.
GRANT NUMBER: FLO190B4D001104
City of Miami - (IVNHAP) South Program / Page 12 of 24
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 th.e 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 Giant
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)).
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 teams 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 band delivery.
GRANT NUMBER: FL0190B4D00 i l 04
City of Miami - (M H P) South Progam / Page 13 of 24
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 horiieless 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.
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 S100,000, 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.
GRANT NUMBER: FLOI94B4D00] 104
City of Miami - (M3vIl3AP) South Program / Page 14 of 24
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 terns 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. Additiotnal Requirements
The Subrecipient must comply with the following additional requirements.
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 terns and
conditions of this Agreement to include a review of beneficiaries, supportive services,
operating costs, program progress, documentationfor required match, record keeping,
compliance with circulars, a.dm.inistrative costs, technical assistance visits, and
environmental review.
GRANT NUMBER: FLO190B4D001104
City of Miami - (MMIAAP) South Program / Page 15 of 24
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.
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 folioed, shall report it immediately.
Any supplemental information shall be reported in the Grantee required Agency
Narrative and Progress Report which are addressed in Section If Records and Reports, C
Reports (1) Progress.
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 einployees 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 prefenned. 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 shall not 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
GRANT NUMBER: FL0190B4D001104
City of Miami - (MIv11-1AP) South Program /Page 16 of 24
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 accomplishinents 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.
Procurement - The Subrecipient shall make a positive effort to procure supplies,
equipment, construction or services necessary or related to carrying 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, shall to 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.
9. Property — This section applies to equipment with an acquisition cost of S5,000 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 au acquisition cost of $5,000 or more per unit.
b. All equipment with an acquisition cost of S5,000 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, inforw.ation 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
GRANT NUMBER: FL0}90B4D001104
City of Miami - (1Y1141AP) South Program / Page 17 of 24
with Homeless Trust funds must also be included 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. Al] equipment with an acquition cost 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;
(4) Incorporate a provision requiring compliance withall 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 wort: and describes the portion of 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
GRANT NUMBER: FLO 190B4D001104
City of Miami - (DfME-IAP) South Program / Page 18 of 24
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.
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
circtimstances 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
unplementation 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 - The Provider
(Subrecipient) agrees to participate in 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 infonnation,
as well as updates of client files upon client contact, and maintaining current data for
GRANT NUMBER: FLO l 90B4D001104
City of Miami - (MA21-HAP) South Program / Page 19 of 24
statistical purposes. The Provider understands that they are responsible for any ongoing
cost to access the IMS 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 agreement or the HMIIS 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 to an 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
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 indetermining 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.
Notwithstandin.g the foregoing, the Grantee retains all the rights of suspension or
termination set forth in Section 111 of this Agreement. After the initial grant agreement,
the Grantee will not make revisions to increase the amount of the award to the
Subrecipient.
GRANT NUMBER: FL0190B4D001104
City of Miami - (MMHAP) South Program / Page 20 of 24
17. Right to Waive - The Grantee may; for good and sufficient cause, as deterutined 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.
2.1. 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 the 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 tei ins 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 n.o 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, pat piers 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 111anner whatsoever.
GRANT NUMBER: FLO 190B4D001104
City of Miami - (1vIIvIIiAP) South Program / Page 21 of 24
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 teiins 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.
27. Contracts with Municipalities or Counties Outside Miami -Dade County to Provide
Homeless Housing in Miami -Dade County. - The above -named fiun, 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 notlimited to Part 11.1, 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 agz-ees to provide housing and supportive services in a
manner that is free from religious. influences and in accordance with the following principles:
GRANT NUMBER: FLO 190B4D001104
City of Miami - (MMHAP) South Program / Page 22 of 24
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;
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.
V1I. H UAL 1'H INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (k3IPAA)
Any person or entity that performs or assists Miami -Dade County with a function or activity
involving the use or disclosure of IndividualIv Identifiable Health Information (Ir1i) and/or
Protected Health Information (PHI) shall comply with the Health Insurance Portabilitv 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 III-II/PBI 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.
Vill. PROOF OF LICENSUI.E/CERTf4ICATION A.l\'D 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
Iicensure or certification include but are not limited to childcare; day care, nursing homes, and boarding
homes.
GRANT NUMBER: FLO190B4D001104
City of Miami - (MMHAP) South Program / Page 23 of 24
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.
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 SIGNATCTRE PAGE
GRANT NUMBER: FLOl90B4D001 l 04
City of Miami-MMHAP South Program / Page 24 of 24
IN WITNESS WHEREOF, the parties 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:
Priscilla A. Thompson Johnny. Martinez
City Clerk City Manager
Approved as to Form and Correctness: Approved as to Insurance Requirements:
By: By:
Julie O. Brue Calvin Ellis
City Attorney Risk Management
Al"IEST:
HARVEY RUVIN, CLERK
BY:
(AFFIX SEAL)
MIAMI-DADE COUNTY
A political subdivision
of the State of Florida
DEPUTY CLERK Carlos A. Gimenez
Mayor
(DATE)
See memorandum dated
approved as to form and legal sufficiency:
ATTACHMENT A
1 The Recipient is Miami -Dade County.
2 HUD's total fund obligation for this project is $138,789, which shall be allocated as follos:
a. Leasing $0
b. Supportive services $132,180
C. Operating costs $0
d. HMIS $0
e. Administration $6,609
3. Although this agreement will become effective only upon the execution hereof by both parties,
upon execution, the term of this agreement shall run from the end of the Recipient's final operating
year under the original Grant Agreement or, if the original Grant Agreement was amended to
extend its term, the term of this agreement shall run from the end of the extension of the original
Grant Agreement term for a period of twelve (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 thus Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant.
GRANT NUMBER: FL01.90B4D00 ].104
City of Miami - (MMHAP) South Program
ATTACHMENT A-1
SCOPE OF SERVICES
The Subrecipient shall provide outreach, assessment and placement with seven (7) day follow up services
to at least 1,000 homeless participants. At least 80% (800) of all outreach contacts will be assessed,
placed into appropriate housing and provided with follow up services. 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 supportive housing outreach to
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 evaluations;
3. Referral to and placement in housing where appropriate and available;
4. Provide or referral to all appropriate 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 Subrecipients .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 perfoiniance measures delineated in their application to U.S. HUD.
OMB Approval No. 2506-0I83 (exp. 4/30/2012)
A T T ACHIVIENT A-2
Technical Project Number; FL01.90B4D
Submission Project Identifier:
Exhibit 1: Project Summary _
D. Type and Scale of Housing
SSO — NOT APPLICABLE
Housing type
(select one)
Address:
❑ Barracks ❑ Dormitory ❑ Shared Housing ❑ SRO Units
❑ Clustered Housing ❑ Scattered -site Apas tmeents
❑ Single Family Homes/ Townhomes /Duplexes
Identify the units, bedrooms and beds for the type of housing listed above.
-Units
Bedrooms
Beds
1-3 UT) - 40090-3a
OMB Approval No. 2506-0183 (exp. 4/30/2012)
Technical Project Number: FL0190B4D001t
Submission Project Identifier:
Exhibit I: Project Summary
D.l. 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
120
- =__-_ _- _==4_ Total
---__:T, Persons
__ _
Severely
Mentally
El
Chronic
Substance
Abuse
Veterans
Persons
with
HIV/AIDS
Victims of
Domestic
Violence
Disabled^r
Adults
20
10
10
5
5
10
Disabled
Adults
n«
Disabled
ChildreA
20
= h p_
Non-
Disabled
Children
180
.-_ �"' "'.-_y
��
e-w
.cam �
x
n _. �:
.,,
Total
Persons
320
Total
Number of
Adults
120
Total
Number of
Chil dren
200
HUD-40090-3a
Technical
Submission
OMB Approval No. 2506-0183 (exp. 4/30/2012)
Project Number: rLO 140B4DO01(
Proj.ect 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 sanne information that was entered into e-
snaps in the original application or use this form to indicate any changes since the project
Was conditionally-s elected.
Total Number of
Households
80
-i
_Total
xo
- Persons Persons
Chronically
Y
Homeless
Severely
11zertally
In
Chronic
Substance
abuse
w%eterans
PersonsVictims
with
HIVIAIDS
of
Domestic
Violence
Disabled Adults
20
5
5
5
_, _.
5
.Non -Disabled isabl�d
60
__. ,. fir=.=
�_--g
_ . ,_ S
�
_.._ _---"..rrF.%L
.,
Disabled
-
=
y T J
Ur.accompan,ed
, �_
�c'`..• -f` _-wr
Youth
-
-a-�-
..�vor
Disabled
a �_
,
Unaccompanied
_
��Uraccom
a
Total Persons
SO
Total Number
of A..dults
80
Total Number
of Children
.0
HUD-40090-3 a
J.
OMB Approval No. 2506-0183 (exp. 4130/2012)
Technical Project Number: FLO].90B4D001104
Submission Project Identifier:
Exhibit 1: Project Summary
C. Program Goals -
Goal: Residential Stability
Objectives: Conduct outreach, assessment and placement and 7 day follow up services to at least
2,260 homeless persons (individuals and families) during the operating year to ensure residential stability.
At least 50% (1,130) of all outreach contacts will be assessed, placed and provided 7 day follow up services
into appropriate housing in the Continuum of Care
Progress: Outreach, assessment and placement services were provided to a total of 1,115 (858 individuals
and 257 children) during this operating period. 867 of these individuals and children were placed into
appropriate housing in the Continuum of Care and provided with follow up services. (Please see note (a)
on page 14)
Next Operating Year's 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
Increased Skills or Income
Objectives: Conduct outreach, assessment and placement and 7 day follow up services to at least 2,260
homeless persons (individuals and families) during the operating year. At least 11% will be employed. At
least 25% of the eligible assessed and placed participants will be linked to agencies that provide other
sources.of.,income or benefits.
Progress: Outreach, assessment and placement services were provided to a total of 858 individuals and 257
children during this operating period. 3.5 % (30/858) were employed. 100% of all individuals placed were
linked with case management and job development that assists them in accessing benefits and/or
employment.
Next Operating Year's 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. At least 3%
will be employed. All of the eligible assessed and placed participants will be linked to agencies that provide
other sources of income or benefits.
Greater Self-determination
Obiectives: Provide outreach, assessment and placement with 7 day follow up services for at least 1,000 persons which
will link them to service plans that ensure greater self-determination.
Progress: 858 persons were offered these services
Next Operating Year's Objectives: Provide outreach, assessment and placement with 7 day follow up services for at
least 800 persons which will fink them to service plans that ensure greater self-determination.
I:T D-40090-3a
Applicant: Iviiami-Dade County
Project: f'yl M HAP South
0041482920000
FL0190B4D001'
A-5 of 2
Standard performance Mea ur V�TACfZMENT )
instructions:
For each applicable question on this form, the Applicant muss 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 ,Universe, column specifies the total number of,
persons about whom the measure is expected to be reported. In the ,Targetcofumn,
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 them n get& " colgm . For am or exipple,t to ifo80 0r out
1permanent
clients are expected to remain in the p P 9 ,
housing, the target % should be 1,80% ,.
1. Specify she target goal for each appilcab e performance measure.
Universe (#)
Housing Measure
Target (#)
a. Persons placed into housing (Es, TR, SH, or
PH) as a result of the street outreach
program during the operating year.
•
1,000
200
Target %
(calcutat
ed)
20%
2. Choose at least one service -Sinkage petforrnanc= measure-from•below,
and specify the target numbers for the goat.
Among persons who entered with an unmet service need associated with
a condition Fisted beioiee, indicate how many received the services foe that
condition by the time they, exited.
Universe (#)
Housing Measure
Physical Disability.
IDe
velopmental Disability.
Chronic Health.
Target(#)
Target (%)
(calculated)
o%1
0%
HIV/AIDS.
�44entaI H&atth
uestance Abuse.
1
35
24
0%
0%
L
Exhibit 2
Page 1
05/10/2011
ATTAC .E T A-6
PROJECT MILESTOP S
N!A
'FOR THIS PROJECT
OMB Approval No. 2506-0183 (exp. 4/30/2012)
Technical Project Number: FLO190B4D001104
Submission Project Identifier:
Cover Page
Recipient's Name: 1[iamf-Dade County Homeless Trust
Sponsor's Name: City of Miami
Program Name: Miami Metro Homeless Assistance
Program South (]VTh IHAP-South)
HUD Project Number: FLO190B4D001004 •
Duration: June 1st, 2012 —May 3 l 5t , 2013
Check the program component/type that classifies the project:
❑ T• ransitional Housing (TH)
❑ P• ermanent 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.)
10, 11 Exhibit 1 Project Summary
Exhibit 3 Read Property Leasing
24, 25 Exhibit 4 Supportive Services
Exhibit 5 Operating Budget
30, 31 Exhibit 7 Administration
32 Exhibit 8 Leveraging
Certification:
Name & Title of the Person who can answer questions about this document:
Sergio Tones, Program Adminis-ator
Phone (include area code):
305 960 4988
Email address:
storres@miamigov.com
Address: 1490 NW 3rd Ave. Suite 105, Miami, Pt. 33136
1 hereby certify that all the information stated herein is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may resurlt in criminal and/or civil penalties.
(18 U.S.C. 1001, 1010. 1012; 31 U.S.C. 3729, 3802)
Name & Title of Authorized Official: Signa &Date:
to fd_ tv.L:A c rya.4•
11UD-40090 a
OMB Approval No. 2506-0183 (exp. 4/30/2012)
Technical Project Number: FLO190B4D001104
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 the selectee
information.
Selectee Name
Miami -Dade County Homeless Trust
Sponsor Name
r.\\--`\ -y\',
Person
David Raymond, Director
Contact Person
Sergio Torres
_Contact
Phone
(305) 375-1490
Phone
(305) 960 - 4988
FAX Number
(305) 375-2722
FAX Nuinber
(305) 960 - 4977
E-Mail Address
drava,miamidade.Qov
E-Mail Address
storres@miamigov.com
1490NW 3`d Ave, Suite 105
Street Address
Suite 310, 27th FL 111 NW I n Street
Street Address
City,., State, Zip
Miami, Florida 33128
City, State, Zip
Miami, Florida 33136
1
-
HMIS Lead
� Miaini-Dade County Homeless Trust
Contact Person
Barbara Golphin
Street Address
Suite 310, 27t FL 111 NW 15' Street
Phone
(305) 375-1490
City, State, Zip
Miami, Florida 33128
E-Mail Address
nasal nmiamidade.2ov
B. Project Budget and Milestone§ - This section must be completed by all new selectees.
1. Chart 1 - Summary Project Budget
To complete Chart 1, Summary Project Budget, enter the amount of SHP funds requested by line -item in
the first column. For leasing, supportive services, and operations, the amount entered should be for the
SHP punt term selected. In the second column, enter the amount of other cash that will be contributed to
the project. This amount plus the SHP request must equal the total budget amount for the project. Enter the
amounts for all structures in the project. Each line -item amount in this chart should match the amounts
showirin^Exhibits 2 throunh'8. as abpronriater
Requested grant term (1, 2, or 3 years): 1 Year Renewal
Chart 1 - Summary Proiect Eudeet
ems-.; h '^:ai^�i ' ,,,i: 9_'i:;.�ts^��J�.a ;�_ � 7R`fyr,H '.. ..
� !��%��` �=-•�?�'r� T �'�i.+•�1�• ;: :-ai�3b�
�t, = i, �'f`:�' 'i� ��'�'
k` �.d.��Fe,. 'a �r='�,.1�..���.`.Lc �l"':u�iS•K.r. ter",._'',', 3; •r .S
SHP
Request
q
Applicant
Cash
Total Project
Budget
1. Acquisition
Iprgc Rs7i,,,
� au
; p` i t�'
^ .,�
Rla`etah Y`�
2. Rehabilitation
t`� ,rrivilatr
ri
3. New Construction
" r'
��''�Yi ii*'.4J1... rJ 4
s �} r
1 Z TM ',�id,,y� ''YI��X+
x,I K �; - f •
L?I a � c'?4 �1Tt({.,,f!
4. Subtotal (lines 1 thru 3)*
r'``` ";«itI" ;,
iY ign.;'
A 'f,-.a'.._,
5. Real Property. Leasing
6. Supportive Services**
8 132,180
$ 33,045
$ 165,225
7. Operations*
8. HI`IIS *
far r�m
Y ` 1.nr4l
$ 33,045
#ri :, 0-,
$ 165,225
9. SHP Request (subtotal lines 4 thru 8)
$ 132,180
10. Administration (up to 5% of line 9)
$ 6,609
11. Total SI-1P Request (total lines 9 and 10)
$ 138,789
$ 33045
$ 165,225
* By law SHP request for these activities cannot be more than 50% of the total acquisition, rehabilitation, and new construction
budget.
** By law, SHP funds can be no more than SO% of the total supportive services or total HIMIS budget
** *Bylaw, SHP can pay no more than 75% of the total operating budget
1-1UD-40090-3 a
OMB Approval No. 2506-0183 (exp. 4130/2012)
Technical Submission. Project Number: FLO190B4D001104
Submission Project Identifier:
Exhibit 4: Supportive Services
A. Supportive Services Budget
Chart 4A:
Year 1
Supportive Service Expense
Total
Outreach
4.0FTE 100% @ 24,114.90 = S 96, 459.59
100% taxes +benefits = $7,379.16
Total = S 103,838.75
Assessment and Referral Specialist
1.0 FTE 100% @51,298.19 = $ 51,298.19
100% taxes + benefits = $ 3,924.31
Total= $ 55,222.50
S 81,244
$ 46,005
$ 81,244
$ 46,005
Communication for Outreach
Supplies: .Phone lines, cell phones, radios, network
between office and outreach staff
Total = $ 1,488.75
$ 922
$ 972
Equipment and Related Services
Supplies: Copier machine, additional computer
software and management equipment.
Total = S 625 .00
$ 500
$ 500
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:=.. $.2500.00
.
Postage and Related Services
Supplies: mailing of material, printing and
reproduction, brochures etc.
Total = $ 62.50
Miscellaneous Supplies
Supplies: Safety equipment, first aid kits, sanitary
supplies, stationary or office supplies, etc,
. Total = S 1,487.50
$ 2,059
$ 50
$ 1,400
8 2,059
$ 50
$ 1,400
SHP REQUEST*
$ 132,180
$ 132,180
Selectee's Match
$ 33,045
$ 33,045
Total Supportive Services Budget '
$ 165,225
$ 165,225
*The SHP request cannot be more than 80% of the total supportive services budget
1-IUD-40090-3:i
Technical
Submission
(cont.)
OMIB Approval No. 2506-0183 (exp. 4/30/2012)
Project Number: FLO 190B4D001104
Project Identifier:
Exhibit 7: Administration -
(all new projects requesting administration funds)
A. Administrative Costs
Administrative Costs
Year 1
Total
Administrative Activity:
2.5% to City of Miami (MATHAP-South).
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.
$3,304
$3,304
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.
$3,305
$3,305
STEP REQUEST FOR
ADMINISTRATIVE COSTS
$6,609
S6,609
Amount for Selectee
$3,305
$3,305
Amount for Project Sponsor
$3,304
S3,304
PIan for Distribution of Administration Funds
If the selectee is not the same organization as the project sponsor, attach a description of the selectee's plan for
distributing its administrative funding to address all, or a portion of the project sponsor's administrative needs.
Include a description of how the project sponsor was consulted in formulating the plan.
HUD 40090-3a
Codified Supportive Housing
Program Regulation'
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §583.1
583.5 Definitions.
Subpart B--Assistance Provided
583.100 Types and uses of assistance.
533.105 Grants for acquisition and rehabili-
tation.
583.110. Grants for new construction.
533.115 Grants for leasing.
583.120Grants for supportive service costs.
583.125 Grants for operating costs.
5333.130 Commitment of giant amounts for
leasing, supportive services, and oper-
ating costs.
583.135 Administrative costs.
583.140 Technical assistance.
583.195 Matching requirements.
533.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart C—Application and Grant Award
Process
HP is subject to the
changes made by the
Homeless .Definition Rule
that is at the end of this T.Zule
PART 583—SUPPORTIVE HOUSING
PROGRAM
Subpart A --Genera!
Sec.
583.1 Purpose and scope.
5893.200 Application and grant award.
583.230 Environmental review,.
583.235 Renewal grants.
Subpart D—Program Requirements
533.300 General operation.
583.305 Term of commitment; repayment of
.. grants;.nrevention of and e 'oenefi�s.
533.310 Displacement, relocation, and acqui-
sition.
523.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and eoual oppor-
tunity requirements.
583.330 Applicability of other Federal re -
a nirements.
Subpart E—Administration
583.400 Grant agreement.
583.905 Program changes.
583.410 Obligation and deobligation of funds.
AmrRoarrY: 42 U.S.C. 11389 and 3535(d).
SOURCE: 50 FR 13071, Mar. 15, 1993, unless
otherwise noted.
Subpart A —General
5E3.1 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-
rnote the development of supportive
housing and supportive services, in-
cluding.innov.ative 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
particularly innovative project for, or
alternative methods of, meeting the
immediate and long-term needs of
homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunction
with supportive housing.
[58 FP. 13871, 24ar. 15, 1993, as amended zt 61
FR 51175, Sept. 30, 1996]
583.5 Definitions.
As used isa this part:
Applicant is defined in section 422(1)
of the McKinney Act (42 U.S.C.
11382(1)). • For --purposes. of this..defini-
tioii, governrnental 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 (42 U22(2)
of the McKinneyAct
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 25 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.
113882(5)).
Outpatient health services is defined in
section 422(6) of the McKinney Act (42
U.S.C. 11382(6)).
Permanent housing for homeless persons
with disabilities is defined in section
424(c) of the McKinney Act (42 U.S.C.
11384(c)).
Private nonprofit organization is de-
fined -ui'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 McKinney Act (42 U.S.C. 11382(11)).
Supportive housing is defined in sec-
tion 424(a) of the McKinney Act (42
U.S.C. 11384(a)).
.Supportive services is defined in sec-
tion 425 of the McKinney Act (42' U.S.C.
11385).
252
Ofc, of Asst. Secy., Comm. Planning, Develop., HUD
Transitional housing is defined in sec-
tion 424(b) of the McKinney Act (42
U.S.C. 11384(b)). See also § 683.300(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 B—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 rehabiita-
tion of structures, net, construction;
leasing, operating costs for supportive
housing, and supportive services, as de-
scribed in §§583.105 through 583.125. Ap-
plicants may apply for more than one
type' of'assistance.
(b) Uses of Grant assistance. Grant as-
sistanoe 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;
(6) 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.
§583.110
(d) Technical assistance. HUD may
offer technical assistance, as described
in.§ 583.140.
[58 FR 13871, Mar, 15, 1993, as amended at 59
FR 36891, 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 supportive 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)
o`.tnis section.
(b) Amount. The mazdnium grant
available for acquisition, rehabilita-
tion, or acquisition and rehabilitation
is the lower of:
(1) S200,000; 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 5200,000, but not more that
5400,000, may be available.
§ 583.110 Grants for new construction.
(a) Use. HUD will grant funds to re-
cipients to pay a portion of the cost of
new construction, including cost-effec-
tive energy measures and the cost of
land associated with that construction,
for use in the provision of supportive
housing. If the grant funds- are used for
new construction, the applicant must
demonstrate that the costs associated
with new construction are substan-
tially less than the costs associated
with rehabilitation or that there is a
lack of available appropriate units that
could be rehabilitated' at -a cost less
than new construction. For purposes of
2.53
§ 583.1 15
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, minus
the applicant's contribution toward the
cost of same.
§ 533.115 Grants for leasing.
(a) General. HUD Frill provide grants
to pay (as described in §583.130 of this
part) for the actual costs of leasing a
stricture 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 curreitly being
charged by the sane owner for com-
parable space..
(2) Leasing individual units. Wnere
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 nnits,
taking into account the location, size,
type, quality, amenities, facilities, and
management services. In 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
niarket 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, Max. 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 oi.supportive
services for homeless _persons; for up to
five years. A11 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-
ides provided to former residents of
transitional housing to assist their ad-
justment to independent living. Such
services may be provided for up to six
months after they leave the transi-
tional housing facility.
(58 FR 13871, Mar. 15, 1993, as amended at 59
FR. 36801, July 19, 19994)
§ 553.125 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,,associa ed with the day-to-
dayy operation of the s>+pnortive hous-
ing. They also include the actual ex-
penses that a recipient incurs for con-
ducting on -going assessments of. the
supportive services needed by residents
and the availability of such services;
relocation assistance under §583.310, in-
cluding payments and services; and in-
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 percentage of the actual operating
costs not funded by HUD. At the end of
each operating year, the recipient must
demonstrate that it has met its match
requirement of the costs for that year.
[58 FR 13871, Mar. 15, 1993, as amended at 61
FR 51175, Sept. 30, 1996; 65 FR 30923, May 12,
2000]
§ 583:130 Cowninitment of grant
amounts for leasing, supportive
services, and operating costs.
Upon'execation of a grant agreement
covering assistance for leasing, sup-
portive. services, or operating costs,
HUD will obligate amounts forr-a-period
not to exceed five operating years. The
254
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
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 OAB control number 2506-0112)
[591• R 36891, July 19, 1994)
§ 583.135 Administrative costs.
(a) General. to to five percent of any
grant awarded under this part. may be
used for the purpose of paying costs of
administering the assistance.
(b) Administrative costs. Administra-
tive costs include the costs associated
with accounting- for the use of grant
funds, preparing reports for submission
to HUD, obtaining prog-ram aadits,
similar costs related to administering
the grant after the award, and staff sal-
aries associated vrith 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)
§ 563.140 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,
§ 583.150
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, tb implement
the technical assistance.
[59 FR 36892, July 19, 1994]
§ 583.145 Matching requirements.
(a) General. The recipient mast
match the funds provided by HUD for
grants for acquisition, rehabilitation,
and new consi.ruction 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
uo satisfy the snatching requirements
of this section are eligible under the
laws governing the funds to be used as
matching funds for a grant awarded
under this program.
(c) Maintenance of effort. State or
local government funds used in the
matching contribution are subject to
the maintenance of effort requirements
described at § 583.150(a).
[56 F 13371, Mar. 15, 1993, as amended at 73
FR 75326, Dec. 11, 2000
§ 583.150 Limitations on use of assist-
ance.
(a) Maintenance of effort. No assist-
ance provided ander 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 boneless 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 24 CFR Ch. V (4-1-1)9 Edition)
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 ca�.rry out
its mission, including the definition,
practice, and -expression of•its religious
beliefs, provided that it does nof use di-
rect Supportive Housing Pros. am
funds to support any inherently reli-
gions activities, .such as worship, reli-
gions 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 symbols. In addition,
a Supportive Housing Proms am -funded
religious organization retains its au-
thority over its internal governance;
and it may retain religious terms in its
organisation'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 structa'es are used for in-
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;8a apd.85)
(6)-I1 a State or local•goveriirmient 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 to. have con-
trol of .a site or sites but rather pro-
poses to assist a homeless family or in-
dividnal 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 tinder this
part, that applicant may not request
assistance for acquisition, rehabilita-
tion, or new construction.
158 FR 13871, Mar. 15, 1993, as amended at 59
FF. 36892, Jslr 19, 1993; 68 FR 56407; Sept. 30,
20031
§ 583.155 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
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 mast 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 HiJD-
approved consolidated plan. 'The cer-
tification must 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 Sanwa, and the Northern. Mariana
Islands. These entities are not required
to have a consolidated pta.T or to make
consolidated plan certifications. An ap-
plication by --an Indian tribe. or other
applicant for a project "tliat 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 rerp irement 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 be submitted
by the funding application submission
deadline announced in the NOFA.
[60 FR 16380, Mar. 30, 1995]
Subpart C—Application and Grant
Award Process
§ 553200 Application: and grant award.
When funds are made available for
assistance, HUD will publish a notice
of funding availability (NOFA) in the
FEDERAL REGISTER, in accordance with
,the requirements of-24.CF'R part_4. HUD
. will review and screen applications in
accordance with the requirements in
§ 583230
section 426 of the McKinney Act (42
U.S.C. 11386) and the guidelines, rating
criteria, and procedures published in
the NOFA.
[61 FP 51176, Sept. 30, 1996]
§ 583-20 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, fIUll may make a
finding in accordance with §58.11(d) and
may itself perform the environmental
review ender the provisions, of part 50
of this. title if the recipient objects it
writing to the responsible entity's per-
forming the review under part 58. Irre-
spective of ,whether the responsible., en-
titY in accord vdth 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 pa.rt. The re-
cipient also shall carry out mitigating
measures required by the 'responsible
entity (or HUD, if applicable) or select
alternate eligible property. HUD may
eliminate from consideration .any ap-
plication that would require an Envi-
ronmental Impact Statement (EIS).,
Co) The recipient, its project partners
and their contractors may not.aoquire,
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 pe brnaed
anenvirohmenta.l review under part 50
and the recipient his 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)
§ 553.235 Renewal grants.
(a) General. Grants made under this
part, and grants made under subtitles
C and D (the Supportive Housing Dem-
onstration and SAFAEi, respectively) of
the Stewart B. McKinney Homeless As-
sistance Act as in effect before October
26, 1922, 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
RLTD, must meet the requirements of
this wart, and must submit requests
within the 'tinie 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 willbe 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. HTJD .will
approve the request for renewal unless
the recipient proposes to serve a popu-
lation that is not homeless, orthe 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 and
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 ma.ke 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 HOD approval,
and loss of project site.
(2) HUD reserves the right to reject a
request 'om any organization with an
.outstanding, obligation ,p 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 2505-0112)
Subpart D—Program Requirements
§ 583.3a0 General operation.
(a) State and local requiremests..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.-F,xcept 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,:mate.rigls. _The.rstruc-
tu•es must be structurally sound so as
not to pose any threat to the health
258
Ofc. of Asst.. Secy., Comm. Planning, Develop., HUD
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
mast 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 aualit_v. 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 health of 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 mast be pro-
vided to permit use of essential elec-
trical appliances while assuring safety
from fire.
(9) Food preparation and refuse dis-
posai. A11 food preparation areas must
contain suitable space and equipment
to store, prepare, and serve food in a
sanitary .manner.
(10) Sanitary condition. The Housing
and any equipment must be maintained
in sanitary condition-
al) 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. Srnoke 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
§ 583.3D0
for hearing -impaired persons in each
bedroom occupied by a hearing -im-
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) RMealrc. Each recipient of assist-
ance under this part who provides sup-
portive housing for homeless persons
with disab_lties 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 df' 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-
v-ide 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 D.S.C..11386(g)). This re-
quirement is waived if an applicant is
enable 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 maiimum. extent
practicable, involve' homeless individ-
uals and farnilies, 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, eecept 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-
p arri requirements. Recipients should
terminate assistance only in the most
sev.ere,.cases..., Recipients„. may resn_me
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 reoognires 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-coati-discontinue
assistance for a transitional housing
project if more than hull of the home-
24 CFR Ch. V (4-l--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 (HMS).
Upon receipt of an application that
proposes the provision of outpatient
health services, HUD will consult with
RHS 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)
158 FR 13871. Mar. 15, 1993, as amended at 59
FR 36892, JNv 19, 1994; 61 FP 51176, Sept. 30,
1996)
oS3.305.. _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.C. 11363(c)), HUD will require re-
cipients to repay the grant unless HUD
has authorized conversion of the
project under section 423(b)(3) of the
Mc ropey Act (42 U.S.C. 11383(b)(3)).
[61 FR.51176, Sept. 30, 1996]
§5S3.310 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
(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;, an eligible 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-
cern.tng Rrhether 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
orguniration, or farm) that moves from
real 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
§ 583.310
part. The term "displaced person" in-
cludes, but may not he limited to:
(i) A person that moves permanently
fron2 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
wbo moves 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`Wr'itten-notice=offeringhim or
her the opportunity to lease and oc-
cupy a suitable, decent, safe and sani-
tary dwelling in the same building/
complex, under reasonable terinns 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 24 CFR Cn. V (4-1-09 Edition)
(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 move are
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 looa1 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;
( )"The;nerson 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 may 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, EEJD'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
of the agreement between the recipient
and HUD.
(h) Definition of project. For purposes
of this section, the term "project"
means an undertaking paid for in
whole or in part with assistance ender
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, Juiy'19, 1934]
§ 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 *anaily'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 -
jutted iuco e :must include the: - ex -
Dense deductions provided in 24 CFR
5.611(a), and for persons with disabil-
ities, thecalculation 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) 1 .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-
ciSicaily designated by the agency to
meet the family's housing costs, the
portion of the payment that is des-
ignated for -housing- costs.
(b) Use of rent. Resident rent may be
used in the operation of the project or
may be reserved, in whole or in hart, 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.
[53 FR 13871,..Mar. 15, 1993, asamended at 59
FR 36892, July 19, 1994; 66 FR 6225, Jan. 19,
2001]
262
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD §583.325
§ 5S3.320 Site controL ig,nated 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
-Dowers of self-government, and to In-
dian housing authorities (Mks) when
established by the exercise of such
powers. When an TFi A 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 inplerhenting
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.
(d) 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-
§553.325 Nondiscrimination and equal bilitation accessibility requirements of
.opportunity.requirel ents. • section:504 as.follows: .
(a) General. Notv'ithstanding the per- (1) All new construction must meet
missibility of proposals that serve des- the accessibility requirements of 24
(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 ev ntu-
allg control the units, site bontrol 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 must pro-
vide for all additional costs. If the re-
cipient is unable to demonstrate to
HIJD that it is able to provide for the
difference in costs, t1UD may
deohligate 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.
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 33394, 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 community in which the area
is situated is narticipating 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 haaards
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 Cir-
24 CFR Ch. V (0-1-09 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. 4851-4356), and imple-
menting regulations at part 35, sub-
parts A, B, J, K, and R of this title
apply to. activities under 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
vrho is t a position to participate in a
decisior_+naking 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 hirnse1f or herself or for those
with who?' 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 decisionmal:ing 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 administra.tion of the recipient's
264
Ofc, of Asst. Secy., Comm. Planning, Develop., HUD § 583.405
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 naraggraph (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 to the
project which Would otherwise not be
available;
(ii) Whether the person affected is a
member 'of a groizp'or`blass` ofeligible
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 decisionma'ktng
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
(v2) 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. HU-D may perform or re-
quire additional audits as it .find .nec-
essary or appropriate.
(g) Davie -Bacon Act. The provisions
of the Davis -Bacon Act do not apply to
this progrram.
(5s FP 13871, Mar. 15, 1993, as amended at 61
FR 5211, Feb. 9, 1996; 64 FP, 50226, Sept. 15,
1999]
Subpart E—Adrninistratiof
§563.400 Grant agreement_
• (a) General. The duty to provide sup-
portive housing or supportive services
in accordance with the requirements of
this part will he 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 fonds
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 tanking 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, 1996J
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
ainoant of the approved assistance
under subpart B of this part. The re-
cipient will be expected to carry out
the supportive housing or supportive
services activities as proposed in the .
application.
(b) Increases. After the initial obliga-
tion of funds, HUD will not make revi-
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 constr ac-
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 ,not begun
within three months or resident's 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-
a.biefor 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:
(1) 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•orcombination 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) Receptive. and 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 fonts 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) Substantiallyimpedes the
individual's ability to liveindependently;
(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 farnily 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 designated 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 Iow-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
hurnanhabitation 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:
7
(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 oftime
because of chronic disabilities, chronic ,
physical health or mentalhealth 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 nig ittime 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:
§ 583.301 Recordkeepirg.
(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. Tne
propedures,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 unmediately admitted to
shelter or receiving services provided by a
victim service provider, as defined in section
401(32) of the.McKinney-Veuto Homeless
Assistance Act, as amended by the
HEARTH Act. Records contained in an
HMIS or comparable database used by
victim service or legal service providers are
acceptable evidence of third -party
documentation and intake worker
observations if the Hlv_IIS retains an
auditable history of all entries, including the
person who entered the data; the date of
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 familyv,ill.inmiinently lose
their housing, the evidence must include:
(i)(A) A court order resulting from
an eviction action that requires the .
individual or family to leave their residence
within 14 days after the date of their
application for homeless assistance; or the
equivalent notice under applicable state law,
a Notice to Quit, or a Notice to Terminate
issued under state law;
(B) For individuals and families
whose primary nighttime residence is a hotel
or motel room not paid for by charitable
organizations or federal, state, or local
government programs for low-income
individuals, evidence that the individual or
family lacks the resources necessary to
reside there for more than 14 days after the
date of application for homeless assistance;
or
(C) An oral statement by the
individual. or head of household that the
owner or renter of the housing in which they
currently reside will not allow them to stay
for more than 14. days after the date of
application for homeless assistance. The
intake,worker mast record the stater, ent and
certify that it was found credible. To be
found credible, the oral statement must
either: Be verified by the owner or renter of
the housing in which the individual or
family resides at the time of application for
homeless assistance and documented by a
written certification by the owner or. renter
or by the intake worker's recording of the
owner or renter's oral statement; or if the
intake worker is unable to contact the owner
or renter, be documented by a written
certification by the. intake Worker of his or
her due diligence in attempting to obtain the
owner or renter's verification and the written
certification by the individual or head of
household seeking assistance that his or her
statement was true and complete;
(ii) Certification by the individual or
head of household that no subsequent
residence has been identified.; and .
(iii) Certification or other written
docuunentation that the individual or family
lacks the resources and support networks
needed to obtain other.permanent housing.
(4) if the individual or family
.qualifies as homeless under paragraph (3) of
the homeless definition in § 583.5, because
the individual or family does not otherwise
qualify as homeless under the homeless
definition but is an unaccompanied youth
under 25 years of age, or homeless family
with one or more children or youth, and is
defined as homeless under another Federal
statute or section 725(2) of the McKinney-
Vento Homeless Assistance Act (42 U.S.C.
11434a(2)), the evidence must include:
(i) For paragraph (3)(i) of the
homeless definition in § 583.5, certification
of homeless status by the local private
nonprofit organization or state or local
governmental entity responsible for
administering assistance under the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et
seo.), the Head Start Act (42 U.S.C. 9831 et
se .), subtitle N. of the Violence Against
Women Act of 1994 (42 U:S:C.14043e'et
seq.), section 330 of the Public Health
Service Act (42 U.S.C. 254b), the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et
.) section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), or subtitle B of
title VIl of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11431 et seo.), as
applicable;
(ii) For paragraph (3)(ii) of the
homeless definition in § 583.5, referral by a
housing or service provider, written
observation by an outreach worker, or
certification by the homeless individual or
head of household seeking assistance;
(iii) For paragraph (3)(iii) of the
homeless definition in § 583.5, certification
by the individual or head of household and
any available supporting documentation that
the individual or family moved two or more
times during the 60-day period immediately
preceding the date for application of
homeless assistance, including: recorded
statements or records obtained from each •
owner or renter ofhousing, provider of
shelter or housing, or social worker, case
worker, or other appropriate official of a
hospital or institution in which the
individual or family resided; or, where these
statements or records are unobtainable, a
written record of the intake worker's clue
diligence in attempting to obtain these
statements or records. Where a move was
due to the individual or family fleeing
domestic violence, dating violence, sexual
assault, or stalling, then the intake worker
may alternatively obtain a written
certification from the individual or head of
household seeking assistance that they were
fleeing that situation and that they resided at
that address; and
(iv) For paragraph (3)(iv) of the
homeless definition in .§ 583.5, written
diagnosis from a professional who.is
licensed by the state to diagnose and treat -
that condition (or intake staff -recorded
observation of disability that within 45 days
of the date of application for assistance is
confirmed by a professional who is licensed
by -the state to diagnose and treat that
condition); employment records; department
of corrections records; literacy, English
proficiency tests; or other reasonable
documentation of the conditions required
under paragraph (3)(iv) of the homeless
definition.
(5) If the individual or family
qualifies under paragraph (4) of the
homeless definition in § 583.5, because the
individual or family is fleeing domestic
violence, dating violence, sexual assault,
stalking, or other dangerous or life -
threatening conditions related to violence,
then acceptable evidence. includes an oral
statement by the individual or head of
household seeking assistance that they are
5
fleeing that situation, that no subsequent
residence has been identified, and that they
lack the resources or support networks, e.g.,
family, friends, faith -based or other social
networks, needed to obtain other housing. If
the individual or family is receiving shelter
or 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, the
oral statement must be documented by either
a certification by the individual or head of
household; or a certification by the intake
worker. Otherwise; the oral statement that
the individual or head of household seeking
assistance has not identified a subsequent
residence and lacks the resources or support
networks, e.g., family, friends, faith -based
or other social'networks, needed to obtain
housing, must be documented by.a
certification by the individual or head of
household that the oral statement is true and
complete, and, where the safety of the
individual or family would not be
jeopardized, the domestic violence, dating
violence, sexual.assault,:stalking,.or_other
dangerous or life -threatening condition must
be verified by a written observation by the
intake worker; or a written referral by a
housing or service provider, social worker,
health-care provider; law enforcement
agency, legal assistance provider, pastoral
counselor, or any another organization from
whom the individual or head of household
has sought assistance for domestic violence,
dating violence, sexual assault, or stalking.
The written referral or observation need only
•include the minimum amount of information
necessary to document that the individual or
family is fleeing, or attempting to flee
domestic violence, dating violence, sexual
assault, and stalking
(c) Disabilitv.— Bach recipient of
assistance under this part must maintain and
follow written intake procedures to ensure
that the assistance benefits persons with
disabilities, as defined in § 583.5. In
addition to the documentation required
under paragraph (b) of this section, the
procedures must require documentation at
intake of the evidence relied upon to
establish and verify the disability of the
person applying for homeless assistance.
The recipient must keep these records for 5
years after the end of the grant term.
Acceptable evidenceof the disability
includes:
(1) Written verification of the
disability from a professional Licensed by the
state to diagnose and treat the disability and
his or her certification that the disability is
expected to be long -continuing or of
indefinite duration and substantially impedes
the indiVidual's ability to live
independently,
(2) Written verification from the
Social Security Administration;
(3) The receipt of a disability check
(e.g., Social Security Disability Insurance
check or Veteran Disability Compensation);
(4) Other documentation approved
by HUD; or
(5) Intake staff -recorded observation
of disability that, no later than 45 days of the
application for assistance, is confiiiued and
accompanied by_esddence in paragraph
(c)(1), (2), (3), or (4) of this section.
6
C4«
U.S. Department of Housing and Urban Development
Office of Community Panning and Development
909 S'E First Avenue
Miami, FL 33131
Grant Number: FL0190B4D001104
Project Name: FL-600 - I N - MR[-IAP South
Total Award Amount: $13 8,789
Component: SSO
Recipient: Miami -Dade County
Contact Person and Title: David Raymond, Executive Director
Telephone Number. (305) 375-1490
Fax Number: (305) 375-2722
E-mail Address: dray(a�rniardidade.gov
E}N/Tax 11) Number. 59-6000573
DUNS Number. 004148292
Effective Date: June 1, 2012
Project Location(s): 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 governed by the Act; the Supportive Housing rule codified at 24 CFR 583,
which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding
Availability (NOFA), that was published in two parts. The first part was the Policy Requirements
and General Section of the NOFA, and the second part was the Continuum of Care Homeless
Assistance Prob airs section of the NOFA, which are located at http://archives_hud.aov/flmdinJ
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 teinns.ofthe Grant
Agreement, to provide the grant funds in the amount specified at section 2 ofAttachment A for the
approved project described in the application. The Recipient agrees, subj ect 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.
nw-nv.bud.gov esranol.hud. ov
Page 1
The Recipient must provide a 25 percent cash match for supportive services.
The Recipient agrees to comply with all requirements ofthis 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 Infoiuiation System
(HMS) 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 GrantAgrevment, the applicable regulations and
statutes. Further, the said limited partnership shall oWu 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 teiiu of the gant agreement ri,c1 any renewal thereof. Failure to
comply•with the terms of this-paragaph°shall constitute: a default -ender 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 tem 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 kno,kn by HUD, would have resulted in
this pant 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)
(b)
(e)
direct the Recipient to subnrit progress schedules for completing approved
activities; or
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
direct the Recipientto establish and maintain amanagementplan 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
www.hud.Rov
espariol.hud.g.ov Page 2
(e)
(f)
reduce or recapture the grant; or
direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute Recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action legally
available, such as affirmative litigation seeking declaratory judgment, specific
performance, damages, temporary orpezrnanent 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.chano-erecipients, 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.
W=. W.hud20V
esuanol.hud.gov
Page 3
SIGNAIT RES
This Grant Agreement is hereby executed as follows:
UNTIED STATES OF AMERICA. Secretary of Housing and Urban Development
(FL 019 0B 4D 0 0110 4-MMI IAP-South)
BY:
(Signature and Date)
Maria 1R Oritz-Hill
(Print Name of Signatory)
Director, Community Planning and Development
(Title)
RECIPIENT:
(Name of Organization)
(Name of Organization)
BY:
(Authorized Signature and Date)
(Print Name of Signatory)
(Title)
www.hud. iTov
Danoi.hliil.'?ov
Page 4