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Exhibit 1
FY 2012 Continuum. of Care (CoC) Program • Homeless Assistance Grant United States Department of Housing and Urban Development (US HUD) Grantee / Recipient; Miami -Dade County through Miami -Dade County Homeless Trust Grant #: FL0211L4D001205 Subrecipient /Project Sponsor: City of Miami Program Name: Miami Homeless Assistance Program (HAP) INDEX Cover page --'page 1 Index ---page 2 Index of Attachments ---page 3 Blank Page ---page 4 Whereas and preamble ---page 5 1. Statement of Work a Activities ---page 5 b. Time Schedule ---page 5 c. Budget ---page 6, 7 2. Records and Reports a Financial Management ---page 7 b. Records and Access to Records ---page 8, 9 c. Public Records ---page 9 d. Reports ---page 10, 11 3. Special and General Conditions a. Staff Responsibility ---page 11 b. Client Referral Process ---page 11 c. Documents to facilitate the Reimbursement of services ---page 11 d. Rental Assistance Funds Administrated by Miami -Dade County, Public Housing and Community Development ---page 11 e. Performance Improvement Plans ---page 12 f. General Conditions i. Insurance--- page 12,13 ii. Indemnification--- page 13 Conflict of Interest--- page 13 Affidavits--- page 14 g. Civil Rights ---page 14,15 Additional rules and agreements --- page 16 4. Suspension and Termiriation a. Suspension ---page 16 b. Termination ---page 17, 18 5. Future Funding Applications --page 19 6. Reversion of Assets a. Term of Commitment ---page 19 Repayment of Grant ---page 19, 20 b. Prevention of Undue Benefit ---page 20 c. Revocation of License or Permit ---page 20 d. Declaration of Restrictive Covenant and Declaration of Restrictions ---page 20, 21 7. Uniform Administrative Requirements a. Accounting Standards, Costs Principles and Regulations --page 21 b. Retention of Records ---page 22 8. Additional Requirements Items a through bb---pages 22 through 29 9. Religious Organizations --page 29 10. Health Insurance Portability and Accountability Act (HIPAA)---page 30 11. Proof of Licensure / Certification and Background Screening a. Licensure / Certification ---page 31 b. Background Screening ---page 31 Signature ---page 32 CoC Grant #FL0211L4D001205 City of Miami, HAP Page 2 Attachment A - Attachment B - Attachment C - Attachment D - Attachment E - Attachment F - Attachment G - Attachment H - Attachment I - Attachment J - Attachment K- Attachment L — Attachment M - Attachment N - Attachment 0 - Attachment P - INDEX OF ATTACHMENTS US HUD Grant Renewal and Federal Regulations Scope of Service, HUD Renewal Application Review, Application Renewal Adjustment HEARTH Renewal Project Application (Program and Budget) Form W-9 Request for Taxpayer State of Florida `Public Entity Crimes" Sworn Statement Miami -Dade County Required Affidavits Miami -Dade County Lobbyist Registration form Miami -Dade County Subcontractor / Supplier Listing LOCCS /VRS Request Voucher for Grant Payment "Excel Spreadsheet Invoice" Miami -Dade County Homeless Trust form "Client Contribution/ Occupancy Fee/ Program Income" form "Employee Certification for Governmental Entities Only" form "Performance Reports (Monthly and Annual) HMIS and Fiscal" report "Program Rating of Satisfaction Survey" form 'Incident Report" form "Real Property & Equipment Asset Inventory" form "Rental Assistance" Administered by Miami -Dade County PHCD (if applicable) CoC Grant #FL0211L4FD001205 City of Miami, HAP Page 3 PAGE LEFT INTENTIONALLY BLANK CoC Grant #FL0211L4D001205 City of Miami, HAP ' Page 4 Agreement between Miami -Dade County And City of Miami For the FY 2012 CoC Homeless Assistance Grant #FL0211L4D001205 Miami Homeless Assistance Program THIS AGREEMENT, entered this day of , 2013, by and between Miami - Dade County (hereinafter called the "Grantee", or "Recipient") and City of Miami (hereinafter referred to as the "Subrecipient", or "Project Sponsor") under this Agreement. WHEREAS, the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act, consolidating the three (3) separate reauthorized McKinney-Vento Homeless Assistance Program (Supportive Housing Program), Shelter Plus Care Program, and Section 8 Moderate Rehabilitation SRO Program into a single grant program known as the Continuum of Care (CoC) Program. WHEREAS, the Grantee has applied for and received funds from the United States Department. of Housing and Urban Development (US HUD) under the McKinney-Vento Homeless Assistance Act as amended by The HEARTH Act of 2009 (42 U.S.C. 11381, et. al.). 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; 1. Statement ofWork a. Activities — The Subrecipient shall adhere to the "US HUD FY 2012 CoC Program Grant Agreement" Attachment A, which is incorporated herein and governed by the Continuum of Care (CoC) Program rules and regulations, including 24 CFR Part 578, the McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. 11381- 11389) (the "Act"), and the Consolidated and Further Continuing Appropriations Act of 2012. The Subrecipient shallcarry out the activities specified in the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B including Scope of Service, Housing Type and Scale, Household details with and without children, Performance Objectives and any applicable project milestones as well as the Budget. The Subrecipient shall also adhere to the Standards of Housing and Services as set forth in the "Miami -Dade County Homeless Trust Standards of Care", as may be amended from time to time and incorporated herein by reference. The Subrecipient shall adhere to all applicable Federal, state and local laws, regulations, rules and standards, as well as with the terms bf this Agreement including all attachments. CoC Grant #FL0211L4D001205 City of Miami, HAP Page 5 b. Time Schedule — The Grantee and the Subrecipient agree that this Agreement shall become effective on June 1, 2013, This Agreement shall expire on May 31. 2014, 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 regulations may continue for a term of at least twenty (20) years, as provided in this Agreement or as specified by law or regulation. 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. c,. Budget — The Grantee agrees, subject to the availability of funds and payment of funds to the Grantee by the United States Department of Housing and Urban Development and subject to the Subrecipient's compliance with all applicable laws and agreement terms as determined by the Grantee, to pay for contracted activities according to the terms and conditions contained within this Agreement, Subrecipient's application for the CoC Homeless Assistance Program, and the Subrecipients NOFA application documents as Project Sponsor and "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" including the Budget incorporated herein as Attachment B, in an amount not to exceed $0.00 for Rental Assistance, $0,00 for Leasing, $239,116.00 for Supportive Services, $0.00 for Operations and $16,737.00 for overall project administration costs for a total budget of $255,853.00, Pursuant to 24 CFR 578.59, the Grantee shall retain 50% of the overall project administration costs, except where limitations are imposed as may be applicable pursuant to 42 USC § 11383 (a). If applicable, the Subrecipient 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, in accordance with any applicable laws and regulations. All other activities shall be paid on a reimbursement basis following the submission of a monthly invoice along with the appropriate supporting documentation. In .accordance with federal requirements including 24 CFR Parts 578.73, the Subrecipient agrees to provide snatch funds in an amount that represents no less than twenty-five percent (250/0) cash or in -kind contributions on all eligible grant funds, except leasing. If in -kind services provided through a third party are used to fulfill part of the match, a pre -approved executed Memorandum of Understanding (MOU) between the Subrecipient and the third party that willprovide the services must be submitted and approved by the Grantee. The budget figures above represent the original line item totals as delineated in the "US HUD Grant Agreement" Attachment A. CoC Grant #FL0211L4D001205 City of Miami, HAP Page 6 The Subrecipient may propose to shift funds by less than 10% between eligible categories in the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application," Attachment B, if the appropriate match is provided, the administrative costs are not increased and the proposed shift is submitted in writing for the Grantee's consideration. The Grantee may, but is not required to, approve the proposed shift. Any approval must be in writing. As such, if Attachment B is modified as described above, the figures within the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" may not match the contracted figures delineated in the "US HUD Grant Agreement." Notwithstanding the above, significant changes of greater than 10°/Q from one approved eligible category to another as delineated in the "US HUD Grant Agreement" shall require the Grantee's written'approval, as well as formal budget approval and an amendment to the "US HUD Grant Agreement" between the Grantee and US HUD. The Subrecipient shall provide one thousand eight hundred eighty -semen (1,887) outreach contacts and at least two hundred -thirty-nine (239) placements for homeless individuals and families. This program is located at in Miami -Dade County, Florida, The main service office is 444 SW 2nd Avenue, 5th Floor, Miami, Miami -Dade County, Florida. The Subrecipient shall provide services as outlined in the Attachments to this Agreement as well as in the US HUD FY 2012 CoC Program Homeless Assistance Program Competition as submitted in the project application, incorporated herein by reference. 2. Records and Reports a. Financial Management - The Grantee and the Subrecipient shall adhere to the requirements for financial reporting as stated in 24 CFR Part 85.41. Requests for paymentshallbe submitted to the Grantee by the fifteenth (15th) of the month in the following manner. All requests shall include supporting documentation for each line item, including payroll reports, time sheets, invoices, leasing agreements and shall be signed by the Executive Director, Financial Officer or other duly authorized fiscal agent of the Subrecipient in the forms incorporated herein as "LOCCS / VRS Request Voucher for Grant Payment", Attachment H; "Excel Spreadsheet Invoice form", Attachment I. Reimbursement shall be provided only for eligible costs associated with the activities outlined in the budget contained within the "EIectronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B. Any reimbursement may be withheld or reduced by the Grantee if missing receipt of documents verifying the in -kind or cash match expenditures or compliance requirements are not met. Cash match or in -kind contributions must be used for the costs of activities that are eligible in the governing regulations. Any reimbursement may be withheld pending the receipt of approval by the Grantee of all reports and documents required herein, including but not limited to the submission of an accurate and complete Annual Performance Report (APR). CoC Grant #FL0211L4DO01205 City of Miami, HAP Page 7 In no event shall the Grantee funds be advanced to any of the Subrecipient's subcontractors hereunder. The parties agree that the Subrecipient may request a revision, amendment, or modification of the schedule of payments or line item budget. However, such revisions, amendments or modifications shall be, in writing and subject to review and approval by the Grantee and, if applicable, by US HUD. If there is a request to shift greater than 10% of funds between funding activities, such requests shall be submitted to the Grantee no later than one hundred twenty (120) calendar days prior to the expiration of the grant. If the request is a shift of less than 10% of funds between funding activities, a modification or revision, shall be submitted to the Grantee no later than fifty (50) calendar days prior to the expiration of the grant. Failure to submit the appropriate supporting documentation in a timely manner may result.in the inability of the Grantee to revise, amend or modify the budget. 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. A final report of expenditures shall be submitted to the Grantee within thirty (30) calendar days from the termination or expiration of this Agreement. If after the receipt of such final report, the Grantee determines that the Subrecipient has been paid funds not in compliance with the Agreement, and to which the Subrecipient is not entitled, the Subrecipient shall be required to return such funds. However, if the Subrecipient submits documentation demonstrating that the expenditure was in compliance with this Agreement to the satisfaction of the Grantee, the funds shall not have to be returned. The Grantee shall have the sole and absolute discretion to determine .if the Subrecipient is entitled to such funds and the decision of the Grantee in this matter shall be final and binding. b. Records and Access to Records - Agreement records. are defined as any and all books, records, client files (including client progress reports, referral forms, case notes and other reports or work product), 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 Agreement, including but not limited to financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives,. flash drives and diskettes or surveys. The Subrecipient shall maintain Agreement records that document all actions to comply with and that relate to this Agreement, including those on race, ethnicity, gender, disability and homeless 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 Agreementwhich shall include but not limited to a cash receipt journal, cash CoC Grant #FL0211L4D001205 City of Miami, HAP Page 8 disbursements journal, general ledger, and all such subsidiary ledgers as may be reasonably necessary. The Subrecipient shall provide to the Grantee, upon request by the Grantee, all Agreement records. The requested Agreement records shall become the property of the Grantee without restriction, reservation, or limitation of their use and shall be made available by the Subrecipient at any time upon request by the Grantee. The Grantee shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These unlimited rights include the rights of royalty -free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the work for public purposes. 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. The Subrecipient shall include in all the Grantee approved subcontracts, language outlining eligible substantive programmatic services, recordkeeping and audit requirements as detailed in this Agreement. This includes all subcontractors eligible to carry out substantive programmatic services as 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 recordkeeping requirements described in this Agreement. These records shall be maintained pursuant to this Agreement. 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 disclosure is a violation of those agencies' rules. c. Public Records - As may be applicable, pursuant to §119,0701, Florida Statutes, Subrecipient shall keep and maintain public records that ordinarily and necessarily would be required by the Grantee in order to perform the service, provide the public with access to public records on the same terms and conditions that the Grantee would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law, ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not . disclosed except as authorized by law, and meet all requirements for retaining public records and transfer, at no cost, to the Grantee all public records in possession of the Subrecipient upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Grantee in a format that is compatibly with the information technology systems of the Grantee.. d. Reports - The Subrecipient shall submit to the Grantee the reports described below or any other document in whatsoever form, manner, or frequency as may be CoC Grant #FL0211L4D001205 City of Miami, HAP Page 9 requested by the Grantee. These reports will be used for monitoring the progress, performance, and compliance with applicable Grantee and Federal requirements, i. Progress Reports - The Subrecipient shall submit a "Homeless Management Information System (HMIS) generated "Performance Report", Attachment L, along with a summary and the forms attached hereto as "Client Contribution Report / Occupancy Fee / Program Income" Attachment J. These reports may be revised by the Grantee, and which shall describe the progress made by the Subrecipient in achieving each of the objectives identified in "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B. The reports shall explain the Subrecipient's progress including comparison of actual versus planned progress for the period. The reports are due by the fifteenth.(15th) day of the following month. The request for reimbursement, are also due by the fifteenth (159 day following the close of the prior month. Subrecipients that are Domestic Violence Programs shall participate in a HMIS-equivalent system. Such Suhrecipients shall provide proof to the Grantee of the utilization of an alternative system to compile all required data for the Performance Report. ii. Annual Performance Report - The Subrecipient shall submit a HMIS generated "US HUD CoC Annual Performance Report (0625-HUD-CoC- APR)" Attachment L, in addition to a complete and accurate report using excerpts of "U.S. HUD Annual Progress Report (APR) for Supportive Housing Program, Shelter Plus Care and . Section 8 Moderate Rehabilitation for Single Room Occupancy Dwellings (SRO) Program, form HUD-40118" Attachment L. The complete and accurate APR is due to the Grantee no later than forty-five (45) days after theend of each operating year. The above referenced report may be substituted for any other US HUD required Report if approved by US HUD. iii. A "Program Rating and Satisfaction Survey" Attachment M 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. The above referenced Program Rating and Satisfaction Survey may be substituted by the Grantee with a comparable satisfaction survey. iv. Audit Reports - The Subrecipient shall provide to the,Grantee two (2) copies of an annual certified public accountant's opinion and related financial statements on the organization no later than one hundred -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. v. Annual Assurance Reports - The Subrecipient who receives only assistance for leasing, operating costs and or supportive services costs must provide an "Annual Assurance Report" for each year the assistance is received assuring that the project will be operated for the purpose specified in the application. CoC Grant #FL0211L4D001205 City of Miami, HAP Page 10 vi. Incident Reports The Subrecipient must report to Miami -Dade County Homeless Trust information related to any critical incidents occurring during the administration of its programs, using form "Incident Report" Attachment N. Such notification shall occur, within twenty-four (24) hours of the incident occurring. In addition, the Subrecipient shall report this incident to the appropriate authorities as well as submit in writing a detailed account of the incident. This Incident Report should be addressed to Miami -Dade County Homeless Trust's Disaster Coordinator, as well as the Subrecipient's assigned Contract Officer and addressed to Miami -Dade County Homeless Trust, Suite 310, 27th Floor, 111 NW First Street, Miami, Florida, 33128; (305) 375-1490 and facsimile (305) 375-2722. vii. Disaster Plan - The Subrecipient shall submit an original paper copy "Agency -Wide and Program Specific Disaster Plan" by April 1st of each operating year to Miami -Dade County Homeless Trust's Disaster Coordinator. viii. Employee Certification - FOR GOVERNMENT ENTITITES ONLY - The Subrecipient that is a governmental entity shall submit certifications for those employees working solely on a particular program Agreement. The certification must be signed by the employee and supervisor and conform to OMB Circular A-87 Attachment B(h)(3). A completed "Employee Certification for Government Entities ONLY Form" Attachment K must be submitted in January and July (semi-annually) of each operating year within the reimbursement request documentation. 3. Special and General Conditions - a. Staff Responsibility - The Subrecipient's staff members providing eligible services under this Agreement are listed in the budget section of the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B. b. The Subrecipient shall follow the client referral process in the Scope of Service contained within the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B. The client referral process may be amended by the Grantee to meet changing priorities of the Continuum of Care. All referrals shall be made to the Subrecipient and accepted by the Subrecipient through the established HMIS system. c. The Subrecipient shall provide any documentation necessary, such as the "W-9 Form" Attachment C, to facilitate the reimbursement of services. d. Rental Assistance funding Administered by Miami -Dade County Public Housing and Community Development, formerly known as Shelter Plus Care, shall follow additional rules and regulations outlined in "Rental Assistance", Attachment P. e. The Subrecipient may be subject to a Performance Improvement Plan .(PIP) at the discretion of the Grantee. CoC_Grant #FL0211L4D001205 City of Miami, HAP Page 11 f. General Conditions — The Subrecipient shall comply with all applicable federal, state and local laws, regulations and required policies, including but not limited to 24 CFR Part 578, as may be amended from time to time, 24 CFR Part 583, as may be amended from time to time, the McKinney-Vento Homeless Assistance Act, as may be amended from time to time (42 U.S.C. 11381-11389) (the "Act") the Consolidated and Further Continuing Appropriations Act of 2012, the "US HUD Program Grant Agreement" Attachment A and all other Federal requirements of this grant. The responsibility for knowledge of and compliance with all Federal and any other legal requirements is that of the Subrecipient. The Subrecipient shall also comply with any guidance provided by U.S HUD regarding this Agreement, program and the services offered hereunder, as well as .wi,th. any .guidance provided by US HUD applicable to this Agreement, program and the services offered hereunder. The Subrecipient shall abide and be governed by the requirements of the Americans with Disabilities Act (ADA). Subrecipient shall designate with its organization an ADA Coordinator to •ensure that all requirements of the ADA and any related applicable regulations and requirements are met by the Subrecipient. In addition, the Subrecipient agrees to comply with the following requirements. • i. Insurance — 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 Grantee, upon request, written verification -of liability protection in accordance with Section 768.28, Florida Statutes. The written. verification shall be submitted to Miami -Dade County Risk Management, Internal Services Division, located on the 23rd Floor, 111 NW First Street, Miami, Florida. Nothing herein shall be construed to extend any party's liability beyond that provided in Section 768.28, Florida • Statutes. If the Subrecipient is a non -governmental entity said Subrecipient shall maintain required liability insurance coverage as noted below 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 inan amount not less than $300,000 combined single limit for bodily injury and property damage. The Grantee must be shownuas an additional insured with respect to this coverage, as evidenced by a Certificate of Insurance. Automobile Liability Insurance coverage for all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $300,000 combined single limit for bodily injury and property damage. Workers' Compensation Insurance for all employees of the Subrecipient as required by Florida Statutes 440. Flood Insurance shall be maintained as per the requirements in 24 CFR Part 583.330(a). CoC Grant #FL0211L4.D001205 City of Miami, HAP Page 12 The insurance coverage required shall include these classifications, listed in standard Iiability insurance manuals, which most nearly reflect the operations of the Subrecipient. All insurance policies required above shall be issued by companies authorized to do business under the laws of the state of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New jersey, or its equivalent, subject to the approval of Miami -Dade County Risk Management Division. Or Compliance with the foregoing requirements shall not relieve the Subrecipient of its liability and obligations under this section or under any other section of this Agreement. No modification or waiver of any of the aforementioned insurance requirements shall be made without thirty (30) days written advance notice to the Grantee, and is subject to the approval of Miami -Dade County Internal Services Risk Management Division. ii. Indemnification - The Subrecipient shall indemnify and hold harmless the Grantee and its past, present, and future employees and agents from and against any and all claims, liabilities, losses, and causes of action which may arise out of or relate to this Agreement, or which may arise out of 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. Conflictsof Interest - The Subrecipient shall disclose to the Grantee in writing any possible or actual conflicts of interest or apparent improprieties relating to the Subrecipient under this Agreement. 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. Affidavits - The Subrecipient shall complete, notarize and provide one (1) original set, and two (2) copies of all Affidavits outlined below. One (1) original set of Affidavits will remain on file with Miami -Dade County Clerk of the Board. 1. Miami -Dade County Ownership Disclosure Affidavit (Section 2. 8.1 of Miami -Dade County Code "County Code"). Attachment E CoC Grant #FL0211L4D001205 City of Miami, HAP Page 13 g• 2. Miami -Dade County Employment Disclosure Affidavit [County Ordinance 90-133, Amending Section 2-8.1; Subsection (d) (2) of the County Code). Attachment E 3. Miami -Dade County Affirmative Action / Non -Discrimination of Employment, Promotion and Procurement Practices (County Ordinance. 98-30 codified at 2-8.1.5 of the County Code). Attachment E 4. Miami -Dade County Criminal Record Affidavit (Section 2-8.6 of the County Code). Attachment E 5. Miami -Dade County Employment Drug Free Workplace Affidavit (County Ordinance 92-15 codified,as Section 2-8.1.2 of the County Code). Attachment E 6. Miami -Dade Employment. Family Leave Affidavit (County Ordinance 142-9 codified as Section 11A-29 et. seq of the County Code). Attachment E •7. Miami -Dade County Disability Non -Discrimination Affidavit (County Resolution R-385-95). Attachment E 8. Miami -Dade County Regarding Delinquent and Currently Due Fees or Taxes (Section 2-8.1(c) of the County Code). Attachment E 9. Miami -Dade County Current on all County Contracts, Loans and Other Obligations. (County Ordinance 99-162). Attachment E 10. Miami -Dade County Domestic Violence Leave (11A-60 et.seq of the County Code). Attachment E 11. Sworn Statement Pursuant to .§287.133(3)(a) Florida Statutes on Public Entity Crimes, Attachment D 12. Affidavit of Miami -Dade County Lobbyist Registration for Oral Presentation (County Ordinance Section 2-11.1(s) of the County Code), Attachment F. 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. The Subrecipient understands that the Grantee has relied on the Subrecipient's aforementioned representations in entering into this Agreement. Civil Rights - The Subrecipient agrees to abide by Chapter 11A of the Code of Miami - Dade County ("County Code"), as may be amended, which prohibits discrimination in employment, housing and public accommodations. Where applicable the Subrecipient agrees to abide and.be governed by Title VI and VII, Civil Rights Act of 1964 (42 U.S.C. 2000 et.seq.) and Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063, as maybe amended, as well as with any applicable regulations, which provide in part that there will be no discrimination of race, color, gender/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 receiptof evidence of such discrimination, the Grantee shall have the right to terminate said Agreement. Initials here CoC Grant #FLO211L4D001205 City of Miami, HAP Page 14 It is further understood that the Subrecipient must submit affidavits attesting that it is not in violation of the American with Disabilities Act, the Rehabilitation Act, the Federal Transit Act, (49 U.S.C. 1612), and the Fair Housing Act, (42 U.S.C. 3601 et.seq.), as may be amended, as well as with any applicable regulations. 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 Grantee to be in violation of these Acts, the Grantee shall conduct no further business with the Subrecipient. Any contract entered into based upon a false affidavit shall be voidable by the Grantee. If the Subrecipient violates any of the Acts during the term of any contract the Subrecipient has with Miami -Dade County, such contract shall be voidable by the Grantee, even if the Subrecipient was not in violation at the time the affidavit(s) were submitted. Initials here - The Subrecipient agrees that it is in compliance with the Domestic Violence Leave, codified as (Article 8, Section 11A-60 et.seq. of the County Code), as may be amended, which requires an employer, who in the regular course of business and has fifty (50) or more employees working in Miami -Dade County for each working day during each of the 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 Agreement or for commencement of debarment proceedings against the Subrecipient. Initials here . The Subrecipient agrees to abide and be governed by the Age Discrimination Act of 1975, (42 U.S.C. 6101 et seq.) and implementing regulations at (24 CFR Part 146), as may be amended, as well as with any applicable regulations, which provides in part that there shall be no discrimination against persons in any area of employment because of age. Initials here The Subrecipient agrees to abideand be government by Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.G. 794, et. seq.), as may be amended, as well as with any applicable regulations, which prohibits discrimination on the basis of handicap. Initials here . The Subrecipient agrees to abide and be governed by the requirements of the Americans with Disability Act (ADA), as may be amended, as well as with any applicable regulations. Initials here . Pursuant to 24 CFR 578.23, Subrecipient hereby certifies and agrees that: i. Subrecipient will maintain the confidentiality of records pertaining to any individual or .family that was provided family violence prevention or treatment services through the project / program; ii. The address or location of any family violence project / program assisted under this part will not be made public, except with written authorization of the person responsible for the operation of such program and in accordance with any applicable state and local laws that prohibit disclosure of information relating to domestic violence centers; iii. Subrecipient will establish policies and practices that are consistent with, and do not restrict the exercise of rights provided by Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act, as amended, and other CoC Grant #FLO211L4D001205 City of Miami, HAP Page 15 laws relating to the provision of educational and related services to individuals and families experiencing homelessness; iv. In the case of programs that provide housing or services to families, that Subrecipients will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community including early childhood programs such as Head Start, Part C of the individuals with Disabilities Education Act, and programs authorized under Subtitle B of Title VII of the McKinney-Vento Homeless Assistance Act as amended; v. Subrecipient, its officers, and employees are not debarred or suspended from doing business with the Federal Government; and vi. Subrecipient will provide information, such as data and reports, as required by US HUD. Additionally, Subrecipient agrees: To establish such fiscal controls and accounting proceduresas may be necessary to assure the proper disbursal of, and accounting for grant funds in order to ensure that all financial transactions are conducted, and records maintained in accordance with generally accepted accounting principles; ii. To take the educational needs of children into account when families are placed in housing and will, to the maximum extent practicable, place families with children as close as possible to their school of origin so as not to disrupt such children's education, A Subrecipient that serves families with school -age children shall have at least one program staff member, knowledgeable of the McKinney-Vento Education for Children and Youth Act requirements and shall comply with all requirements related to facilitation of educational opportunities consistent with Miami -Dade County Homeless Trust's Standards of Care incorporated herein by reference; iii. To comply with the provisions of 24 CFR 578.23(c)(9); iv. To follow the written standards for providing Continuum of Care assistance developed by the Continuum of Care, including the minimum requirements set forth in § 578.7(a)(9); and v. To operate the project(s) .in accordance with the provisions of the McKinney-Vento Act and all requirements under 24 CFR part 578; and to comply with such other terms andconditions as US HUD may establish by NOFA. 4. Suspension and Termination • a. Suspension — The Grantee may, for reasonable cause, temporarily suspend the operation and authority to obligate funds of the Subrecipient, under this Agreement, or withhold payments to the Subrecipient pending necessary corrective action by the Subrecipient or both. Reasonable cause shall be determined by the Grantee in its sole and absolute discretion and may include: CoC Grant #FL0211L4D0O1205 City of Miami, HAP Page 16 i. Ineffective or improper use of any funds provided hereunder by the Subrecipient; ii. Failure by the Subrecipient to materially comply with any terms, conditions, representations or warranties contained herein;. iii. Failure by the Subrecipient to submit any documents required by this Agreement; or iv. Incorrect or incomplete document submittal by the Subrecipient. b. Termination - i. 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 Subrecipient materially fails to comply with the terms and conditions of the award. Said notice shall be delivered by certified mail, return receipt request, or in person with proof of delivery. The Subrecipient shall have five (5) days from the day the notice was 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. ii. 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. Termination Because of a Lack of Funds - In the event funds to finance this Agreement become unavailable, the Grantee may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Subrecipient. Said notice shall be sent by certified mail, return receipt requested, or in person with proof of delivery, The Grantee shall be the final and sole authority in determining whether or not funds are available. iv. Termination for Breach - Upon terminating this Agreement under this section the Grantee, in its sole discretion, may require the Subrecipient to pay the Grantee any or all costs associated with termination of this Agreement, including but not limited to -transfer of the Subrecipient's obligations under this Agreement and or selection of a new Project Sponsor. The Grantee may terminate this Agreement, in whole or in part, when the Grantee determines in its sole and absolute discretion that the Subrecipient is not making .sufficient progress in the performance of this Agreement as outlined in the "Scope of Services" contained within the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application" Attachment B or is not materially complying with any term or provision provided herein including but not limited to the following: CoC Grant 11FLO211L4D001205 City of Miami, HAP Page 17 1. The Subrecipient ineffectively .or improperly used or uses the Grantee funds allocated under this Agreement; 2. The Subrecipient failed or fails to furnish the Certificates of Insurance required by this Agreement or as determined by Miami - Dade County Internal Services Risk Management Division; 3. The Subrecipient failed or fails to furnish proof of Licensure, proof of Certification or proof of Background Screening required by this Agreement; 4. The Subrecipient failed or fails to submit detailed reports of expenditures or final expenditure reports or submits incompletely or incorrectly; 5. The Subrecipient failed or fails to submit required reports or submits incompletely or incorrectly; 6. The Subrecipient refused or refuses to allow the Grantee access to records or refused or refuses to allow the Grantee to monitor, evaluate and review the Subrecipient's program; 7. The Subrecipient discriminates under any of the laws outlined in this Agreement; 8. The Subrecipient failed or fails to provide Domestic Violence Leave to its employees pursuant to local law; 9. The Subrecipient falsifies or violates the provisions of a Drug Free Workplace Affidavit; 10. The Subrecipient attempted or attempts to meet its obligations under this Agreement through fraud, misrepresentation or material misstatement; 11. The Subrecipient failed or fails within a specified period, to correct deficiencies found during a monitoring, evaluation or review; 12. The Subrecipient failed or fails to meet the terms and conditions of any obligation under this Agreement or otherwise of any repayment schedule to the Grantee or any of its agencies or instrumentalities; 13. The Subrecipient failed or fails to meet any of the terms and conditions of the Miami -Dade County Affidavits; and 14. The Subrecipient failed or fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations -in -this -Agreement. The Subrecipient shall be given written notice of the claimed breach and ten (10) business days to cure same. If the Subrecipient is not provided a written waiver of the breach by the Grantee, or if the Subrecipient remains in breach of this Agreement as determined by the Grantee, the Grantee shall initiate written .notice . to terminate and said notice will be to terminate effective within no less than twenty-four (24) hours. Said notice shall be sent by certified mail, return receipt requested, or in person with proof of delivery. Waiver of Breach, or any provision of this Agreement shall not be construed to be a modification,, or revisions of the terms of this Agreement. The provisions contained herein do not limit the rights to legal or equitable remedies or any other provision for termination by the Grantee under this Agreement. The Subrecipient 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 CoC Grant #FL0211L4D001205 City of Miami, HAP Page 18 obligations with the Grantee through fraud, misrepresentation or material misstatement may be disbarred from Miami -Dade County contracting for up to five (5) years. 5. Notice Regarding Future Funding Applications Funding under this Agreement is provided by US HUD. The parties understand the Grantee, as the US HUD funding recipient, is responsible for review and approval of the funding application and response submitted to US HUD through the annual US HUD CoC Program Notice of Funding Availability (NOFA) application process for homelessness assistance funding. The Subrecipient agrees to timely notify the Grantee of the Subrecipient's intention not to be available to renew the program covered under this Agreement. Timely is defined as the earliest of either 1) six (6) months prior to this Agreement's expiration; or 2) upon request to confirm allocations in the Grant Inventory Worksheet (GIW) registration process of the anticipated annual application to US HUD CoC Program NOFA. If the Subrecipient is not available to apply for "renewal funding" or the continuation of the program outlined in this Agreement, and failed to timely advise the Grantee as described herein, then the Grantee in its sole discretion may opt not to enter into future grant agreements with the Subrecipient. Further, in the event the Subrecipient will not be available to apply for renewal funding applicable to this Agreement, the Subrecipient agrees to ensure that housing is maintained for persons served by the Subrecipient under this Agreement after the expiration of this Agreement so that those persons do not become homeless. 6. 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 "McKinney-Vento Act housing" or provide "McKinney-Vento Act services" in accordance with this Agreement and applicable laws, and regulations for a term of at least twenty (20) years from the date of initial occupancy or date of initial service provision. If the United States, Department of Housing and Urban Development (US HUD) determines a project is no longer needed for use as homeless assistance housing or services, then US HUD may provide authorization to the Grantee on behalf of the Subrecipient to convert the project to a project for the direct benefit of low-income persons pursuant to a request for such use by the Grantee on behalf of the Subrecipient operating the project as Project Sponsor (24 CFR 583.305(a)). The parties hereby agree to this provision shall survive the expiration or termination of this Agreement. Repayment of Grant - If the Subrecipient does not provide supportive housing or supportive services for twenty (20) 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 or partial repayment of the grant used for acquisition, rehabilitation, or new construction, unless conversion of the project has been authorized by US HUD pursuant to the terms in the Term of CoC Grant #FL0211L4D001205 City of Miami, HAP Page 19 Commitment Section 5(b) of this document (24 CFR 583.305(b)). The parties hereby agree this provision shall survive the expiration. or termination of this Agreement. b. Prevention of Undue Benefit - Upon the sale or other disposition of a project assisted with acquisition, rehabilitation or new construction funds occurring before the expiration of the twenty (20) year period,. the Subrecipient must comply with such terms and conditions as US 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 the Agreement, any funds on hand, any accounts receivable attributable to those 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. c. 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 (24) hours' notice. Said notice shall be certified by mail or hand delivery. d. .Declaration of Restrictive Covenant and Declaration of Restrictions -Where grant funds are used for acquisition, construction or rehabilitation under this Agreement, the Subrecipient shall record a Declaration of Restrictive Covenants, as well as a Declaration of Restrictions, in accordance with this section, The Declaration of Restrictive Covenants and the Declaration of Restrictions shall restrict the use of properties located at( . .... ), in Miami -Dade County, Florida such that the properties must be operated for the provision of homeless housing and services for homeless persons in accordance with the provisions of (24 CFR Part 583, Code of Federal. Regulations) and any other applicable laws or regulations for a term of at least twenty. (20) years or for such other purposes as may be approved by the Grantee and US HUD. The Subrecipient agrees that the Declaration of Restrictive Covenants and .the Declaration of Restrictions shall be signed by the Subrecipient, as well as the title owner of the subject property and any other relevant property interest holders, including but not limited to a lessee of the title holder subleasing the property to the Subrecipient. If the Subrecipient is not the title owner of the. subject property, the Subrecipient shall be responsible for obtaining execution of the Declaration of Restrictive Covenants and the Declaration of Restrictions by the title owner and by. any other parties required by US HUD. The Subrecipient shall be responsible for ensuring that any signatories required be US HUD sign the Declaration of Restrictive Covenants and the Declaration of Restrictions whether US HUD requires such signatories by regulation or by guidance provided directly regarding the project and / or property covered under this Agreement. The Declaration of Restrictive Covenants executed by the Subrecipient and any other required parties and recorded by the Subrecipient must be approved by US CoC Grant #FL0211L4D00120,5 City of Miami, HAP Page 20 HUD. The Subrecipient must provide US HUD with proof of recordation of the approved Declaration of Restrictive Covenants before funds for Rehabilitation or New Construction may be drawn down. Acquisition funds may be drawn down before proof of recordation is received by US HUD; however, no other grant funds will be available for drawdown until US HUD is satisfied with the form and recordation of the Declaration of Restrictive Covenants. The Subrecipient agrees to inform any lender or grantor which has loaned or granted funds for the purchase of such properties or structure on the subject property or properties covered under this Agreement and obtains 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 The parties hereby agree this provision shall survive the expiration or termination of this Agreement. 7. Uniform Administrative Requirements a. Accounting Standards, Costs Principles and Regulations i. The Subrecipient shall comply with Federal accounting standards and cost principles according to OMB Circular A-122 and (24 CFR 578 et.seq.) and any other applicable Iaws and regulations. ii. 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 related to energy efficiency. If any provision of this Agreement conflicts with any applicable law or regulation, only the conflicting provision shall be modified to be consistent with the law or regulation or be deleted if modification is impossible. However, the obligations under this Agreement, as modified, shall continue and all provisions. of this Agreement shall remain in full force and effect. iii. If the amount payable to the Subrecipient pursuant to the terms of this Agreement is in excess of $100,000.00, or.such other amount as required by applicable law or regulation; 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 508 of the Clean Water Act (33 U.S.C. 1368); the Environmental Protection Agency regulations (40 CFR Part 15); Executive Order 11738; and the Environmental Review Procedures and Regulations (24 CFR Part 58 and 24 CFR Part 583.230). The Subrecipient shall comply with all applicable laws and regulations governing this Agreement . b. Retention of Records CoC Grant #FL0211L4D001205 City of Miami, HAP Page 21 i. 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. ii. If the Grantee or the Subrecipient has received or been given notice of any kind indicating any threatened litigation, claim or audit .arising out of the services provided pursuant to the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Grantee, fully, completely and finally resolved. iii. 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. iv. 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 location and address where all the Agreement records will be retained. v. The Subrecipient shall obtain prior written approval by the Grantee for the disposal of any Agreement records before :disposing of such records if it is within one (1) year after the expiration of the Retention Period. 8. Additional Requirements The Subrecipient shall comply with the following additional requirements: a. Client Rules and Regulations - The Subrecipient shall submit to the Grantee a copy of the Client Rules and Regulations that apply to all program or client participants referred to the Subrecipient pursuant to this Agreement. This copy is due within thirty (30) calendar days following the execution of this Agreement. b. Personnel Policies and Administrative Procedure Manuals - The Subrecipient shall submit detailed documents describing all the Subrecipient's policies and procedures for internal control, corporate, or organizational' structure, property management, procurement, personnel management, accounting and fiscal information. This information shall be available to the Grantee upon request. c. 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, services and activities of the Subrecipient which are in any way connected to the activities undertaken pursuant to the terms of this Agreement including interview of any participant, employee, subconttactor, or assignees of the Subrecipient. The Grantee shall monitor both fiscal and programmatic compliance with all terms and conditions of this Agreement including a review of beneficiaries, supportive services, housing, operating costs, program and CoC Grant #FL0211L4D001205 City of Miami, HAP Page 22 performance progress, site habitability, participant eligibility, documentation for required match, record keeping, and compliance with circulars, administrative costs, technical assistance visits, and environmental review. The Subrecipient shall permit the Grantee to conduct site visits, participant assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function. If the Grantee monitors and there is a finding of deficiencies report; said report 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. d. Restrictions of Funds Use - The funds received under this Agreement (and 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 / Program Income Report", Attachment J which is addressed in Section 2 d. Records and Reports. Such notification shall be in writing and received by the Grantee within thirty (30) calendar days of the Subrecipient's notification by the funding source. e. Related Parties - The Subrecipient shall report to the Grantee the name, purpose and any other relevant information in connection with any transaction conducted between the Subrecipient and a related party transaction. A related party includes, but is not limited to; a for -profit or nonprofit subsidiary or affiliate organization, and organization with overlapping boards of directors or any organization for which the Subrecipient is responsible for appointing members. The Subrecipient shall report this information to the Grantee upon forming the relationship or if already formed, shall report it immediately. Any supplemental information shall be reported in the Grantee required Agency Narrative and Progress Report which are addressed in Section2 b. Records and Reports. f. Required Meeting Attendance - From time to .time, Grantee through 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 may require mandatory participation. A record of attendance shall be kept of meetings or training sessions where notice was given indicating the mandatory participation of the Subrecipient and the Subrecipient shall be monitored for compliance on that record of attendance. Failure to attend meetings or training sessions for which a mandatory notice has been provided can result in material non-compliance of the Agreement, up to and including Breach or Default. Proof of mandatory notice shall consist of fax record, certified mail, electronic confirmation and or verbal communication with the Agreement contact person or persons and other program administrative staff of the Subrecipient. The Subrecipient may select one or more employees from their Agency, directly involved in the Agreement program, as their representative at the meeting or training session; the participation of the Agreement contact person or personsis preferred. The Subrecipient may request waiver from a mandatory meeting. That waiver must be received no later than twenty-four (24) CoC Grant #FLO211L4D001205 City of Miami, HAP Page 23 g. hours prior to the meeting date and time, and justification provided, including the reason the Subrecipient could not send any representative. The Grantee shall have absolute and final approval over any determination to waive mandatory attendance; and no more than two (2) mandatory attendance waivers shall be allowed during the term of this Agreement. The Subrecipient is encouraged to attend all meetings of Miami -Dade County Homeless Trust and or its Committees, as information relevant to their program or services may be discussed. Publicity and .Advertisements - The Subrecipient shall ensure that all publicity and advertisements prepared and released by the Subrecipient, such as pamphlets and news releases already or indirectly related to activities funded pursuant to this Agreement, and all events carried out to publicize the accomplishments of any activity funded pursuant to this Agreement, recognize the Grantee as its funding source. h. 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 owned businesses, and to provide these to the maximum feasible competitive opportunity as permitted by applicable law, Involvement of HUD -assisted individuals and families - per 24 CFR 578.23 .(c)(3), the Subrecipient agrees to ensure to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise; in constructing, rehabilitating, maintaining and operating facilities for the project and in providing supportive services for the project. Further, per the Housing and Urban Development Act of 1968, as amended, (12 U.S.C. 1701 u) to the greatest extent feasible, opportunities for training, and employment, for services or programs covered under this Agreement, .should be given to lower -income residents of HUD - assisted projects and contracts :for work in connection with the project be awarded in substantial part to persons residing in the area of the project. Initials here Property - This section applies to equipment with an acquisition cost of greater than $.5,000.00 per unit and all real property. 1)-Any real property under the control of the Subrecipient that was acquired and or improved in whole or in part with funds from Grantee, or from Miami -Dade County and any equipment or property purchased for greater than $5,000.00, shall, upon expiration or termination of this Agreement, be disposed in accordance with instructions from the Grantee. Real Property is defined as land, including land improvements, structures, and appurtenances . thereto, including moveable machinery and equipment.. Equipment means tangible, non -expendable, personal property having a useful life of more than one (1) year and acquisition costs of greater than $5,000.00 per unit. 2) The Subrecipient shall list in the property records all equipment with an acquisition cost of greater than $5,000.00 per unit and all real property purchased in whole or in part with funds from the Grantee or from Miami -Dade County from this Agreement or from previous agreements. The property record shall include a legal description, size, date of acquisition, and value at time of purchase, owner's name if different than the Subrecipient, information on the transfer ordisposition of CoC.Grant #FL0211L4D001205 City of Miami, HAP Page 24 the property, and map indicating where property is in parcels, lots or blocks and showing adjacent streets and roads. Notwithstanding documents required for reimbursement purposes, an additional copy of the purchase receipt for any property described above which was purchased using Grantee or Miami -Dade County funds must also be included in the reimbursement package along with the "Real Property and Equipment Asset Inventory" Attachment 0 in the month it was purchased. 3) All equipment with an acquisition cost of greater than $5, 000.00 per unit and all real property shall be inventoried annually by the Subrecipient and an Annual Inventory Report submitted to the Grantee. This report shall include the elements listed above; k. Management Evaluations and Performance Reviews - The Grantee may conduct formal Management Evaluations and Performance Reviews of the Subrecipient following this expiration of this Agreement. The Management Evaluations will reflect the compliance of the Subrecipient with generally accepted fiscal and organizational standards and practices. The Performance Reviews will reflect the quality of service provided and value received of the funds using monitoring data such as progress reports, site visits, and participants' surveys. 1. Subcontracts and Assignments — The Subrecipient shall not assign this Agreement without the Grantee's written consent to the assignments. 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 all price components; and 4) Incorporate provisions requiring compliance with all applicable regulatory and other requirements of this Agreement with any conditions of approval that the Grantee deems necessary. This applies only to subcontracts and assignments in which parties are engaged to carry out any eligible substantive programmatic service as set forth in this Agreement. The Grantee shall in its sole and absolute discretion determine when services are eligible substantive programmatic services subject to the audit and record keeping requirements described above. The Subrecipient shall ensure that all subcontracts and assignments which involve the expenditure of one hundred thousand dollars ($100,000.00) or more, comply with (Miami -Dade County Ordinance 97-104, § 1, 7-8-97), which shall require the entity contracting with Miami -Dade County to list all first tier subcontractors who will perform any part of the contract and all suppliers who will supply materials for the contract work directly to such entity. The contract shall also require the entity contracting with Miami -Dade County to report to Miami -Dade County the race, gender, and ethnic origin of the owners and employees of all such first tier subcontracts. This Agreement shall require the Subrecipient to provide Miami -Dade County the race, gender and ethnic information as soon as reasonably available and in any event prior to final payment under the contract. The Subrecipient shall not change or substitute subcontractors or suppliers from those listed except upon written approval of the County. The Subrecipient must provide the list of all first tier subcontractors and direct suppliers; see "Subcontractor Supplier Listing" Attachment G. The Subrecipient shall incorporate into all consultant subcontracts this additional provision: "The Subrecipient is not responsiblefor any insurance or other fringe benefits for the consultant or its employees, (examples social CoC Grant #FL0211L4D001205 City of Miami, HAP Page 25 security, income tax withholdings, retirement or leave benefits). The consultants assume full responsibility for the provision of all insurance and fringe benefits for themselves and their employees retained by the consultants in carrying . out the Scope of Service provided in this subcontract'; The Subrecipient shall be responsible for monitoring the contractual performance of all subcontracts. 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 approval of the Grantee shall be obtained prior to the release of any funds to the Subrecipient for the subcontract. The Subrecipient shall receive written approval from the Grantee prior to either assigning or transferring any obligations or responsibilities set forth in this Agreement or the right toreceive benefits or payments resulting from this Agreement. Approval by the Grantee of any subcontract or assignment shall not under any .circumstances be deemed to provide for the incurring of any obligation .by the Grantee in excess of the total dollar amount set forth in this Agreement. m. Consultant to the Grantee - the parties understands that in order to facilitate the implementation of this Agreement, the Grantee may from time to time designate a development consultant to work with the Subrecipient. The Grantee's Consultant shall be considered the Grantee's designee with respect to all portions of this Agreement with the exception of those provisions relating to payment to the Subrecipient for services rendered. The Grantee shall provide written notification to the .Subrecipient of the name, address and employee representatives of the Grantee's Consultant. n. Participation in the Homeless Management Information System (HMIS) - The Subrecipient agrees to participate in a Homeless Management Information System selected and established by the Grantee. Participation will include, but not be limited to, input of client data upon intake, daily updates of bed availability information, as well as updates to current and prior client's records upon client contact, and maintaining current data for statistical purposes. Subrecipients of Domestic Violence Programs with heightened privacy and confidentiality concerns are required to participate in an HMIS equivalent system to include the necessary stricter privacy and confidentiality-standards—The-Subrecipient-understands-that they are responsible for any ongoing costs to access the HMIS system. The Subrecipient agrees to abide .by terms of any HMIS Agreements, which are incorporated herein by reference. The Subrecipient shall indemnify and hold harmless the Grantee and Miami -Dade County, its agents and instrumentalities from any and all liability, losses and damages arising out of or relating to this Agreement or the HMIS system. o. Miami -Dade County Inspector General review - The Subrecipient understands that Miami -Dade County, Office of the Inspector General may, on a random basis, perform audits on all Miami -Dade County contracts, throughout the duration of said contracts, p. .Independent Private -Sector Inspector General review - The Subrecipient understands that Miami -Dade County Inspector General is also empowered to retain CoC Grant #FL0211L4D001205 City of Miami, HAP Page 26 q• the services of Independent Private -Sector Inspector Generals, to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement processes including but not limited to project design, application and project specifications, proposals submittals, activities of the Subrecipient, its officers, agents and employees, lobbyists, Miami -Dade County staff, and elected officials to ensure compliance with contract specifications and to detect fraud and corruption. Renegotiation or Modification - The Subrecipient agrees that modifications to provisions of this Agreement shall only be valid, when in writing and signed by duly authorized representatives of all parties. In addition, the Subrecipient may not make any significant changes to an approved program without prior written approval by the Grantee. Significant changes include, but are not limited to, changes in the Project Sponsor, changes in the project site location, additions or deletions in types of program or funding activities outlined in 24 CFR 578.37 - 578.63 and the Notice of Funding Availability (NOFA) process approved in the Technical Submission for this program, or a shift of greater than ten (10) percentage points between approved funding activities, or a change in the population served, the number of population served, or any other changes deemed significant by the Grantee. Depending upon 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, any approval for changes is contingent upon United States, Department of Housing and Urban Development Field Office approval of the continuation of the Subrecipient's renewal ranking in the CoC NOFA application process. The parties agree to renegotiate this Agreement if the Grantee determines, in its sole and absolute discretion, that changes are necessary for reasons including but not limited to changes in Federal, State, County laws or regulations, or increases or decreases in funding allocations. The Grantee shall have final authority in determining funding availability for this Agreement caused by changes listed above. Notwithstanding the foregoing, the Grantee retains all rights of suspension and termination set forth in other section(s) of this Agreement r. Right to Waive - The Grantee may, for good and sufficient cause, determined by the Grantee in its sole and absolute discretion, waive provisions in this Agreement in writing or seek to obtain such wavier from the appropriate authority. All waiver requests from the Subrecipient must be in writing. Any waiver shall not be construed as a modification or revision to this Agreement. s. Disputes - In the event that an unresolved dispute exists between the Subrecipient and the Grantee, the Grantee shall refer the questions, including the views of all interested parties and the recommendation of the Miami -Dade County Homeless Trust, to the Miami -Dade County Mayor or the Mayor's designee for determination. The Mayor or Mayor's designee 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 determination of the Mayor or the Mayor's designee shall be final and binding on all parties. CoC Grant #FL0211L4D001205 City of Miami, HAP Page 27 t. 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 related to this Agreement shall, to the extent permitted by law, be held in Miami -Dade County, Florida. Notice and Contact - The Grantee's representative for this Agreement is Hilda M. Fernandez, Executive Director. Miami -Dade County Homeless Trust. The Subrecipient's representative for this Agreement is ( 1• The project site location is ( ). 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 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 Grantee and said notification attached to the originals of this Agreement. (The Subrecipient shall attach a list of its Board of Directors and Table of Organization to this Agreement). v. Name and Address of Payee -When payment is made to the Subrecipient, it shall be directed to the name and address of the payee listed here: ( 1 All Terms and Conditions included - This Agreement and its attachments as referenced contain all the terms and conditions agreed upon by the parties. The following documents are attached to this Agreement (See details page 3 in Index of Attachments A through P) w. Autonomy - Both parties agree that this Agreement recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. The parties acknowledge that the relationship of Grantee and Subrecipient is that of independent contractors and that nothing contained in this Agreement shall be construed to place Grantee and Subrecipient in the relationship of principal and agent, employer and employee, master and servant, partners or joint ventures. Neither party shall have, expressly or by implication, or represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever. x. Severability of Provisions - If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of all applicable law. y. 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 other such other persons or entity shall seek a jury trial in any lawsuit, preceding, counterclaim or other litigation procedure based upon or arising out of this Agreement, or the dealings or the relationship between or amohg the parties to this Agreement.. CoC Grant #FL0211L4D001205 City of Miami, HAP Page 28 z. Counties and Municipalities outside Miami -Dade County - The Subrecipient agrees to provide homeless housing within Miami -Dade County and further agrees to abide by, as well as to post this notice: Notice that all firms, corporations, organizations or individuals desiring to transact business or enter into a contract with Miami -Dade County for the provision of homeless housing and or homeless services swears, verifies, affirms and agrees that 1) they have not entered into any current contracts, arrangements of any kind, or understanding with any county, or municipality outside of Miami -Dade County 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 counties and municipalities outside Miami -Dade County; and 2) During the term of this contract, entities listed above will not enter into any such contract, arrangement of any kind or understanding provided however, Miami -Dade County Homeless Trust may, in its sole and absolute discretion, find and determine within sixty (60) days of an entity's request to waive the requirements of this section, 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 be served and Miami -Dade County would not be negatively affected by such contract, arrangement, or undertaking. aa. Compliance with all applicable Laws, Regulations, Ordinances, Policies and Standards,- The Subrecipient agrees to comply with all applicable Federal, State, and local laws, regulations, ordinances, and standards including but not limited to any applicable requirements regarding payment and performance bonds and other requirements for public works, competitive bid and bid bond requirements, if applicable, as well as with requirements contained in the Grantee's "2012 Continuum of Care Program Grant Agreement", Attachment A. The Subrecipient also agrees to sign and provide the Grantee with any required affidavits, Additionally, the Subrecipient shall comply with any and all guidance that Grantee receives from US HUD regarding this Agreement, the program and / or services covered herein, and clarification of existing laws and regulations bb. Pink Slime - The Subrecipient will not use products or foods containing "pink slime", as defined in Resolution 478-12 of the Board of Miami -Dade County Commissioners, in food that is provided or served pursuant to this Agreement. 9. Religious Organizations Pursuant to 24 CFR Part 583.150, a primarily religious organization is eligible to receive US HUD funding, if the organization agrees to provide homeless housing and services in a manner that is free from religious influences and in accordance with the following principles; a. 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; b. It will not discriminate against any person applying, for homeless housing or services on the basis of religion and will not limit such homeless housing or services or give preference to persons on the basis of religion; and CoC Grant #FL0211L4D001205 City of Miami, HAP Page 29 c. 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 homeless housing and services funded hereunder. The Subrecipient shall comply with the provisions of this section and with 324 CFR Part 583.150, as well as with any other applicable. laws or regulations governing a primarily religious organization as applicable. 10. Health Insurance Portability and Accountability Act (HIPAA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of Individually Identifiable Health Information (IIHI) and or Protected Health Information {PHI) shall comply with the Health Insurance Portability and Accountability Act.of 1996 (HIPAA) and any applicable federal, state, county and local laws and policies. HIPAA mandates for privacy, security and electronic transfer standards that include but are not limited to the following; • a. , Use of information only for performing services required by the contract or as required by law; b.. Use of appropriate safeguards to prevent non -permitted disclosures; c. Reporting to Miami -Dade County of any non -permitted use or disclosure; d. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Subrecipient and provides reasonable assurances that IIHI and PHI will be held confidential; e. Making PHI available to the customer; f. Making PHI available to Miami -Dade County for an accounting of disclosures; g. Making internal practices, books and records related to PHI and IIHI available to Miami -Dade County for compliance audits and for other purposes as may be permitted by law; and. h. PHI shall maintain its protected status regardless of the form and method of transmission (including paper and or electronic transfer of data). The Subrecipient must give its customers written notice of all privacy information practices including but not limited to description of the types of uses and disclosures that would be made ..with_protecte d-health_inform ation 11. Proof of Licensure / Certification and Background Screening a. Licensure. - If the Subrecipient is required by the State of Florida or Miami -Dade County or any federal, stateor local law or regulation to be licensed or certified to provide the services or operate the facilities outlined in the Scope of Service contained within the "Electronic Review, Renewal Adjustment and HEARTH Renewal Application", Attachment B, the Subrecipient shall furnish to the Grantee a copy of all required current licenses or certificates. Examples of services or operations requiring such licensure or certification include but are not limited to childcare, day care, nursing homes, and boarding homes. If the Subrecipient fails to furnish the Grantee with the licenses, certificates or certifications required under this Section, the Grantee in its sole discretion, shall not disburse any funds until it is provided with such licenses or certifications. Failure to CoC Grant #FL0211I,4D001205 City of Miami, HAP Page 30 provide the required licenses or certification within sixty (60) days of execution of this Agreement may result in termination of this Agreement at the Grantee's discretion. b. Background Screening — The Subrecipient agrees to comply with all applicable federal, state and local laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors. Subrecipient's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the Grantee. The Subrecipient 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 from time to time), regulations, ordinances and resolutions regarding background screening of those who may work or volunteer with vulnerable persons as defined by § 435,02 Florida Statutes, as maybe amended from time to time. In the event criminal background screenings is required by law, the State of Florida and / or Miami -Dade County, the Subrecipient will permit only employees, volunteers 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 or volunteer in direct contact with vulnerable persons. The Subrecipient agrees to ensure that employees, volunteers and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screenings before working or volunteering with any vulnerable population. The Subrecipient shall furnish the Grantee with such proof that employees, volunteers and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening pursuant to Charter 435 Florida Statutes, as may be amended from time to time. If the Subrecipient fails to furnish to the Grantee such proof that an employee, volunteer or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee, volunteer or, subcontractor working or volunteering with a vulnerable person or vulnerable persons, the Grantee shall not disburse any further funds and this Agreement may be subject to termination at the sole discretion of the Grantee. SIGNATURES CONTINUE ON NEXT PAGE CoC Grant #FL0211L4D009.205 City of Miami, HAP Page 31 IN WITNESS WHEREOF, the parties have caused this thirty-two (32) pale Agreement to be executed by their respective and duly authorized officers the day and year first above written. WITNESSES: ENTITY: 1. (Signature) (Print Witness Name) 2. Subrecipient /Project Sponsor: (Print full name of Organization) Name: (Signature) (Signature) (Print Authorized Signatory) (Print Witness Name) (Print Title of Authorized Signatory) Affix Incorporation SEAL here ATTEST: Miami -Dade County, a political subdivision of The State of Florida HARVEY RUIN, CLERK Deputy Clerk Carlos A. Gimenez, Mayor Date See attached memorandum dated ( / / 2013) approved as to form and legal sufficiency: CoC Grant #FL0211L4D001205 City of Miami, HAP Page 32 United States Department of Housing and Urban Development (US HUD) 2012 Continuum of Care Program Grant Agreement and 'Federal Register 24 CFR Part 578 ATTACHMENT A "US HUD CoC Program Grant Agreement and 24 CRF Part 578 �r U.S. Department of Housing and Urban Development 0F crr Office of Community Planning and Development ..., gv. I a 909 SE First Avenue Miami, FL 33131 G96'4N 0 V e'‘C Tax ID No.: 59-6000573 Project Location: MIAMI-DADE COUNTY, FLORIDA Grant Number: FL0211L4D001205 Effective Date: 8/1/2013 DUNS No.: 004148292 1 2012 CONTINUUM OF CARE PROGRAM GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Miami -Dade County (the "Recipient"). This Agreement is governed by title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act") and the Continuum of Care Program regulation (the. "Regulation"). The terms "Grant " or "Grant Funds" mean the funds that are provided under this Agieen ent. The term "Application" means the .application submissions on the basis of which the Grant was approved by HUD, including the certifications, assurances, and any information or documentation required to meet any grant award condition. All other terms shall have the meanings given in the Regulation. The Application is incorporated herein as part of this Agreement, except that only the project listed, and only in the amount listed on the Scope of Work, is funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Exhibit 1, the FY2012 Scope of Work, is attached hereto and made a part hereof. If appropriations are available for Continuum of Care grants; and if Recipient applies under a Notice of Funds Availability published by HUD; and, if pursuant to the selection criteria in the Notice of Funds Availabilityg HUD-selects-Recipientandthe-project for -renewal -then -additional exhibits may be attached to this Agreement. Those additional exhibits, when attached,. will also become a part hereof. The effective date of the Agreement shall be the date of execution by HUD and it is the date use of funds under this Agreement may begin. If the project funded by this Agreement is a new project, Recipient and -HUD will set an operating start date in LOCCS for the project, which will be used to track expenditures and to determine when the project is eligible for renewal. If this Agreement renews funding for a project, the term of this Agreement shall begin at the end of the Recipient's final operating year for.the grant being renewed, and eligible costs incurred for the proj ect between the end of Recipient's final operating year.under the grant being renewed and the . execution of this'Agreement may be paid with fonds from the first operating year of this Agreement. This Agreement shall remain in effect until termination either 1) by agreement of the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; or3) upon expiration of the final operating year of the project funded under this Agreement. www.hud.gov espanoLhud.gov_ Page 33 Recipient agrees: 1. To ensure the operation of the project listed on the Scope of Work in accordance with the provisions of the Act and all requirements of the Regulation; 2. To monitor and report the progress of the project to the Continuum of Care and HUD; 3. To ensure, to the maximum extent practicable, that individuals and families experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities for the project and in providing supportive services for the project; 4. To require certification from any subrecipient that: a. Subrecipient will maintain the confidentiality of records pertaining to any individual or family that was provided family violence prevention or treatment services through the project; b. The address or location of any family violence project assisted with grant funds will not be made public, except with written authorization of the person responsible for the operation of such project; • c. Subrecipient will establish policies and practices that are consistent with, and do not restrict, the exercise of rights provided by subtitle B of title VII.of the Act and other laws relating to the provision of educational and related services to individuals and families experiencing homelessness; d. In_the case of a project that provides housing or services to families, that subrecipient will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood programs such as Head Start, part C of the Individuals with Disabilities Education Act, and programs authorized under subtitle B of title VII of the Act; e. The subrecipient, it officers, and employees are not debarred or suspended from doing business with the Federal Government; and f. Subrecipient will provide information, such as data and reports, as required by HUD; and 5. To establish such fiscal control and accounting procedures as may be necessary to assure • the proper disbursal of, and accounting for grant funds in order to ensure that all financial transactions are conducted, and records maintained in accordance with generally accepted accounting principles, if the Recipient is a Unified Funding Agency; 6. To monitor subrecipient match and report on match to HUD; 7. To take the educational needs of children into account when families are placed in housing and will, to the maximum extent practicable, place families with children as close as possible to their school of origin so as not to disrupt such children's education; 8. To monitor subrecipient at least annually; 9. To use the centralized or coordinated assessment system established by the Continuum of Care as required by §578.7(a)(8). A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system, provided that victim service providers in the area use a centralized or coordinated assessment system that meets HUD's minimum requirements and the victim service provider uses that system instead; 10. To follow the written standards for providing Continuum of Care assistance developed by the Continuum of Care, including the minimum requirements set forth in §578.7(a)(9); www,hud.gov espanol.hud.gov Page 34 11. Enter into a subrecipient agreement requiring subrecipient to operate the project in accordance with the provisions of this Act and all requirements under 24 CFR 578; and 12. To comply with such other terms and conditions as HUD may have established in the applicable Notice of Funds Availability. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to -the IIUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. The Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Ann D. Chavis, Director (Typed Name and Title) August 1, 2013 (Date) RECIPIENT Miami -Dade County (Name of Organization) By: Hilda Fernandez, Executive Director Miami -Dade County Homeless Trust hildafernandez@miamidade.gov Telephone: (305) 375-1490 (Signature of Authorized Official) Carlos A. Gimenez , County Mayor (Typed Name and Title f Authorized Official) E/2 (Date) www.hud.gov espanol.hudgov • Page 35 Tax ID Number: 59-6000573 Project. Location: MIAMI-DADE COUNTY, FLORIDA Grant Number: FL0211L4D001205 Effective Date: 8/1/2013 DUNS Number: 004148292 EXHIBIT 1 SCOPE OF WORK for FY2012 COMPETITION 1, This Agreement is governed by the Continuum of Care program Interim Rule attached hereto and made a part hereof as Exhibit la. Upon publication for effect of a Final Rule for the Continuum of Care program, the Final Rule will govern this Agreement instead of the Interim Rule. The project listed on this Exhibit at 3., below, is also subject to the terms of the FY2012 Notice of Funds Availability. 2. The Continuum that designated Recipient to apply for grant funds is not a high -performing community. • 3. Recipient is not a Unified Funding. Agency and was not the only Applicant the Continuum • of Care designated to apply for and receive grant funds and is not the only Recipient for the Continuum of Care that designated it. HUD's total funding obligation for this grant is $255,853 for project number FL0211L4D001205. In accordance with 24 CFR 578.105(b), Recipient is prohibited from moving more than 10.% from one budget line item in a project's approved budget to another without a written amendment to this. Agreement. The obligation for this project shall be allocated as follows: a. CoC PIanning cost $ 0 b. Acquisition $ 0 c. New construction $ 0 d.. Rehabilitation $ 0 e. Leasing $ 0. f. Rental assistance $ 0 g. Supportive services $ 239,116 h. Operating costs $ 0 i. HMIS $ 0 j, Administration $ 16,737 4. No funds for new projects maybe drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects maybe drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. www.hud,gov espanol,hud.gov Page 36 14 SCRIM MANET FEDERAL REGISTER Vol. 77 Tuesday, No. 147 July 31, 2012 Partll Department of Housing and Urban Development 24 CFR Part 578 Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program; Interim Final Rule 4542 Federal Register /Vol. 77, No. 147 /Tuesday, July • 31, 2012 /Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT • 24 CFR Part 578 [Docket No. FR-5476-1-01l RI 25D6-AC29 Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD, ACTION: Interim rule, • SUMMARY: The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), • enacted into law on May 20, 2009, consolidates three of the separate homeless assistance programs ' administered by HUD under the McKinney-Vento Homeless Assistance Act into a single grant program, and revises the Emergency Shelter Grants program and renames it the Emergency Solutions Grants program. The HEARTH Act also codifies in law the Continuum of Care planning process, a longstanding part of HUD's application process to assist homeless persons by providing greater coordination in responding to their needs. The HEARTH Act also directs HUD to promulgate regulations for these new programs and processes. This interim. rule focuses on regulatory implementation of the Continuv.mof Care program, including the Continwim of Care planning "process. The existing homeless assistance programs that comprise the Continuum of Care program are the following: the Supportive Housing program, the Shelter Plus Care program, and the Moderate Rehabilitation/Single Roora Occupancy (SRO) program. This rule estabLisbes the regulations for the Continuum of Care program, and, through the establishment of such regulations, the funding made available for the Continuum of Care program in the statute appropriating Fiscal Year (FY) 2012 funding for HUD can more quickly be rlieb-ursed, consistent with the HEARTH Act requirements, and avoid any disruption in current Continuum of Care activities, DATES: Effective Date: August 30, 2012. Comment Due Date. October 1, 2012. ADDRESSES: Interested persons are invited to submit comments regarding this rule to the Regulations Division, Office of General. Counsel, 451 7th Street SW., Room 10276, Department of Housing and Urban Development, Washington, DC 20410-0500. Communications must refer to the above docket number and title. There are two methods for submitting public comments. All submissions must refer to the above docket number end title. 1. Subrnirsion of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housingand Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. 2, Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaldng Portal at • 1ioirvi.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit' a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically, Note: To receive consideration as public comments, comments must be submitted through one of the two methods speciled above.. Again., all submissions must refer to the docket number and title of the role. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Co.Lrments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m., and 5 p.m. weekdays at the above address. Due to security Measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708- 3055 (this is not atoll -free number). Individuals with speech or hearing • impairments may access this number through TTY by calling the Federal Relay Service at 300-877-6339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Ann Marie Oliva, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban ' Development, 451 7th Street SW., Washington, DC 2041D-7000; telephone number 202-708--4300.(this is not a toll - free rnimber). Hearing- and speech - impaired persons may access this number through TTY by calling the , Federal Relay Service at 800-877-8339 (this is a toll -free number), SUPPLEMENTARY INFORMATION: Executive Summary Purpose of and Legal Authority for This Interim Rule This interim rule implements the Continuum of Care program authorized by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act). Section 1504 of the HEARTH Act directs HUD to establish regulations for this program. (See 42 U.S,C, 11301.) The purpose of the Continuum of Care program is to . promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local governments to quickly rehouse homeless individuals and families while minim;eing the tray rna and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effective utilization of m Rin stream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness. The HEARTH Act streamlines HFJD's homeless grant programs by consolidating the Supportive Housing, Shelter Plus Care, and Single Room Occupancy grant programs into one grant program: The Continuum of Care program'. Local continuums of case, which are aommunity-based homeless assistance program planning networks, w� 11 apply for Continuum of Care grants, By consolidating homeless assistance grant programs and creating the Continuum of Care planning process, the HEARTH Act intended to increase the efficiency and effectiveness of coordinated, community -based systems that provide housing and services to the homeless, Through this interim final rule, HUD will implement the Continuum of Care program by establishing the framework for establishing a local continuum of care and the process for applying for Continuum of Care grants. Summary of Major Provisions The major provisions of this rulemaldng relate to how to establish and operate a Continuum of Care, how to apply for funds under the program, and how to use the funds for projects approved by HUD. These provisions are summarized below. 1. General Provisions (Subpart A): The Continuum of Care program includes transitional housing, permanent supportive housing for Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 454.23 disabled persons, permanent housing, supportive services, and Homeless Management Information Systems (HMIS). To implement the program, HUD had to define several key terms. In particular, HUD distinguishes between "Continuum of Care," "applicant," and "collaborative applicant" A "Continuum of Care" is a geographically based group of representatives that carries out the planning responsibilities •5f the COn iriuiim bf Care program, as set out in this regulation. These representatives come from organizations that provide services to the homeless, or represent the interests of the homeless or formerly homeless. A Continuum of Care then designates certain • "applicants" as the entities responsible for carrying out the projects that the Continuum has identified through its planning responsibilities. A "Continuum of Care" also designates one particular applicant to be a "collaborative applicant." The collaborative applicant is the only entity that can apply for a grant from HUD on behalf of the Continuum that the collaborative applicant represents. 2. Establishing an,d Operating a Continuum of Care (Subpart B): In order to be eligible for funds tinder the Continuum of Care program, • • representatives from relevant organizations within a geographic area must establish a Continuum of Care, The three major duties of a Continuum of Care are to: (1) Operate the Continuum of Care, (2) designate an •HMIS for the Continuum of Care, and (3) plan fox the Continuum of Care. HUD has delineated certain operational. requirements of each Continuum to help measure a Continuum's overall performance at reducing homelessness, in addition to tracldng of performance on a project -by -project basis. In addition, each Continuum is responsible for establishing and operating a centralized or coordinated assessment system that will provide a comprehensive assessment of the needs of individuals and families for housing and services. HUD has also defined the minimum planning requirements for a Continuum so that it cdordinates and. implements a system that meets the needs of thehomeless population within its geographic area. Continuums are also responsible for preparing and overseeing an application for funds. Condnuurns will have to establish the funding priorities for its geographic area when submitting an application. 3, Application and Grant Award . Process (Subpart C); The Continuum of Care grant award process begins with a determination of a Coudnuum's maximum award amount. As directed by statute, HUD has developed a formula for determining award amounts that includes the following factors: A Continuum's Preliminary Pro Rata Need (PPRN) amount; renewal demand; any additional increases in amounts for leasing, rental assistance, and operating costs based on Fair Market Rents, planning and Unified Funding Agency cost funds, and mounts available for bonus dollars, HUD has established *selection" criteria ter determiningwhich applications will receive funding under the Continuum of Care program, Recipients awarded Continuum of Care funds roust satisfy several conditions prior to executing their grant agreements. All.grants submitted for renewal must also submit an annual performance report. For those applicants not awarded funding, the process also provides an appeals process. 4. Program Components and Eligible Costs (SubpartD): Continuum of Care funds may be used for projects under five program components: Permanent housing, transitional housing, supportive services only, IDES, and, in some limited cases, homelessness prevention. The rule further clarifies how the following activities are considered eligible costs under the Continuum ofCare program: Continuum of Care planning activities, Unified Funding Agency costs, acquisition., rehabilitation, netiv construction, leasing, rental assistance, supportive services, operating costs, IdhD.S, project arlministrative costs, relocation costs, and indirect, costs. 5. High -Performing Communities (Subpart E): HUD will annually, subject to the availability of appropriate data, select those Continuums of Care that best meet application requirements to be designated a high -performing community .(HPC), An HPC may use grant funds to provide housing relocation and stabilization services, and short- andlor medium -term rental assistance to individuals and families at risk. of homelessness, This is the only time that Continuum of Care funds may be used to serve individuals and families at risk of homelessness, 6. Program Requirements (Subpart F): All recipients of. Continuum of Care funding must comply with the program regulations and the requirements of the Notice of Funding Availability that HUD will issue each year. Notably, the HEA.RTH Act requires that all eligible funding costs, except leasing, must be matched with noless then 25 percent cash or in -kind match by the Continuum. Other program requirements of recipients include: Abiding by housing quality standards and suitable dwelling size, assessing supportive services on an ongoing basis, initiating and completing approved activities and projects within certain timelines, and providing a formal process for termination -0f assistance to participants who violate program requirements or conditions of occupancy, 7. Grant Administration (Subpart G): To effectively administer the grants,, HUD•will provide technical assistance to those who apply for Continuum of Care funds, as well as those who are selected for Continuum of Care funds. After having been selected for funding, grant recipients must satisfy certain recordkeeping requirements so that HUD can assess compliance withthe program requirements. For any amendments to grants after the funds have been awarded, HUD has established a separate amendment procedure. As appropriate, HUD has also established sanctions to .strengthen its enforcement procedures. Benefits and Costs This interim rule is intended to help respond to and work toward the goal of eliminating homelessness. This interim rule provides greater clarity and guidance about planning and performance review to the more than 430 existing Continuums of Care that span all .50 states and 6 United States tenitories. As reported in HUD's Annual Homelessness Assessment Report to Congress, there were approximately 1.59 million homeless persons who entered emergency shelters or transitional housing in FY 2010, HUD serves roughly half that many persons, nearly 800,000 annually, through its three programs that will be consolidated into the Continuum of Care program under the McKinney-Vento Act as amended by the HEARTH Act (i.e,, Shelter Plus Care, Supportive Housing Program, Single Room Occupancy). The changes initiated by this interim rule will encourage Continuums ofCare to establish formal policies and review procedures, including evaluation of the effectiveness of their projects, by emphasizing performance measurement and developing performance targets for homeless populations. HUD is confident that this systematic review by Continuums of Care will lead to better use of limited resources and more efficient service models, with the end result of preventing•and ending homelessness. The Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. 112-55) appropriated. 81,593,000,000 for the Continuum of Care and Rural Housing Stability 45424 Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012/Rules and Regulations L Background —HEARTH Act . re On May20, 2009, the President continued the process to implement the purpose of the program is to promote HEARTH Act, with the publication of commiunitywide commitment to the signed into law "An Act to Prevent the proposed rule titled "Homeless goal of ending homelessness; provide Mortgage Foreclosures and Enhance Management Information Systems funding for efforts by nonprofit Mortgage Credit Availability," which Requirements" (76 FR 76917), which providers, and State and local became Public Law 111-22. This law • provides for uniform !zcllilic�l govrmentso.quclly rehouse. implements irecttoa variety ety of inea's'u s requirements for Homeless Management homeless individuals and families while directed tovrard keeping individuals Information Systems (HMS), for proper minimizing the trauma and dislocation and families from losing their homes. data collection and maintenance of the caused to homeless individuals, Division B of this law is the HEARTH Act, which consolidates and amends database, and ensures the families, and communities b y three separate homeless assistance confidentiality of the information in the homelessness; promote access to and p ublication of the effective utilization of mainstream Assistance programs. Upon publication established the program requirements II. Overview of Interim B.ale of this rule, those FY 2012 funds will be for the Emergency Solutions Grants As amended by the HEARTH Act, available for distribution, as governed program and contained corresponding Subpart C of the McKinney-Vento by these Continuum of Care regulations, amendments to the Consolidated Plan Homeless Assistance Act establishes the ations, On December 9, 2011, HUD Continuum of Care program. The programs. carried out under title IV of database. Today s p the McKinney-Vento Homeless interim rule for the Continuum of Care Assistance Act (42 U.S.C. 11371 et seq.) • program continues HUD's (Mcl ney-Vento Act) into a single implementation of the HEARTH Act. grant program that is designed to This rule establishes the regulatory improve administrative efficiency and framework for the Continuum of Care enhance response coordination and program and the Continuum of Care effectiveness in addressing the needs of planning process, including homeless persons. The HEARTH Act requirements applicable to the codifies -in law and enhances the establishment of a Continnnm of Care. Continuum of Care planning process. prior to the amendment of the the coordinated response to addressing McKinney Vento Act by the HEARTH the needs of the homeless, which. was A HUD's competitively awarded established administratively by HUD in homeless assistance grant funds were 1995. The single Continuum of Care awarded to organizations that program established by the HEAttlrt participate in local homeless assistance other funding streams and resources— Act consolidates the following program planning networks referred to federal, local, or private —of targeted programs: the Shelter Supportive Carerpro as Continuum of Care, a system homeless programs and other program, Plus program, and the Moderate Rehabilitation/Single administratively established by HUD.in mainstream reseuroes. In many Room Occupancy program.. The 1995, A Continuum of Care is designed communities, the Continuum of Care is Emergency Shelter Grants program is to address the critical problem of .the coordinating body, vrhile in other renamed the Emergency Solutions . homelessness through a coordinated communities it is a local Interagency Grants program and is revised to community based process of identifying Council on Homelessness (both would broaden existing emergency shelter and needs and building a system of housing be acceptable forms of coordination homelessness prevention activities and and services to address those needs. The under this interim rule). As noted to add short- and medium -term rental approach is predicated on the earlier, HUD published on December 9, assistance and services to rapidly understanding that homelessness is not 2011, a proposed rule to establish EMS rehouse homeless people. The HEARTH caused merely by a lack of shelter, but regulations in accordance with the Act also creates the Rural Housing l ty of underlyingunmet HEARTH Act. However, while the , invo ves a vane Stability program to replace the Rural Homelessness Grant program, HUD commenced the process to implement the HEARTH Act with rulemeldng that focused on the definition of "homeless." HUD published a proposed rule, entitled Housing, Shelter Plus Care, and Single The following provides an overview "Defining Homeless" on April 20, 2010 Occupancy) into the single grant (75 FR 20541), which was followed by of the proposed rule. a final mile that was published on program mown as the Continuum of General Provisions (Sub crtA) December 5, 2011(76 FR 75904). The Care program. The consolidation of thep Defining Homeless rule clarified and three existing homeless assistance Purpose and scope. The Continuum of elaborated upon the new McKinney- - programs into the Continuum of Care Care program is designed to promote Vento Act definitions for "homeless" grant program and the codification in community -wide goals to end and "homeless individual with a law of the Continuum of Care planning bomelessness; provide funding to • disability." In addition, the Defining process are intended to increase the quickly rehouse homeless individuals Homeless rule included recordkeeping efficiency and effectiveness of the (including unaccompanied youth) and requirements related to the "homeless" coordination of the provision of housing families while minirni�ng trauma and definition, On December 5, 2011, HUD and services to address the needs of the dislocation to those persons; promote also published en interim rule for the homeless. The regulations established access to, and effective utilization of, Emergency Solutions Grants program by this rule are directed to carrying out mainstream programs; and optimize (76 FR 75954), This interim rule this congressional intent. self-sufficii ncy among individuals and programs by homeless individuals and families; and optimize •self-sufficiency among individuals and families experiencing homelessness. This interim rule establishes the Continuum of Care as the planning body responsible for meeting the goals' of the Continuum of Care program, Additionally, in order to meet the purpose of the 1-EARTH Act, established in section 1002(b), and the goals of "Opening Doors: Federal Strategic Plan to Prevent and End Homelessness," the Continuum.of Care must be involved in the coordination of needs —physical, economic, and social. DEARTH Act directed that regulations be established for HMIS, HMIS is not The }EARTH Act not only codified in new to many HUD grantees, Until ' law the planning system 'mown asregulations for HIES are promulgated in Continuum of Care, but consolidated the final, grantees should shoucontinue to follow three existing competitive homeless HUD's existing anuld instructions and assistance grant programs (Supportive guidance. Federal Register /Vol. 77,. No, 147 / Tuesday, July 31, 2012 / Rules and Regulations „45425 MENEM families experiencing homelessness. The program is composed of transitional. housing, permanent supportive housing for disabled persons, permanent housing, supportive services, and HAS. Definitions. The interim rule adopts the definitions of "developmental disability," "homeless," "homeless individual," and "homeless Person" established by the December 5, 2011 Defining Homeless final rule. Public comments lidve •already been solicited -- and additional public comment is not solicited through.this rule. The December 5, 2011, final rule was preceded by an. April 20, 2010, proposed rule, which sought public comment on these definitions, The final definitions of these terms took into consideration the public comments received on the proposed definitions as set out in the April 20, 2010, proposed role. This interim rule adopts the definition of "at risk of homelessness" established by the December 5, 2011, the Emergency Solutions Grants program interim rule. The interim rule sought public comment on this definition, and addition], public comment is not being sought through this rule. H[JD received valuable public comment on the definition of "chronically homeless," through the public comment process on the Emergency Solutions Grants program interim rule. Based on public comment, this rule for the Continuum of Care progiarn is not adopting the full de±iition of "rhronicallyhomeless" that was included in the conforming amendments to the Consolidated Plan that were published as a part of the Emergency Solutions Grants program rule. Commenters raised concerns with the meaning of the phrase "where each homeless occasion was at least 15 days." The concerns raised about this phrase, used for the first time in a definition of 'chronically homeless," has caused HUD to reconsider proceeding to apply a definition -that includ.es•this phrase, without further consideration and opportunity for comment, In this rule, HUD therefore amends the definition of "chronically homeless" in the Consolidated Plan regulations to strike this phrase. The removal of this phrase returns the definition to one with which service providers are familiar. The following highlights ley definitions used in the Continuum of Care program regulations, and HUD solicits comment on these definitions. Applicant is defined to mean an entity thathas been designated by the Continuum of. Care as eligible toapply for assistance on behalf of that Continuum. HUD highlights that the Act does not contain different definitions for "applicant" and "collaborative applicant." HUD distinguishes between the applicant(s) designated to apply for and carry out projects (the "applicant") and the collaborative applicant designated to apply for a grant on behalf of the Continuum of Care (the "collaborative applicant"). Please see below for more information on the definition of a collaborative applicant, which is the only entity that mayapply for and receive Continuum of Care planning funds. Centralized or coordinated assessment system is defined to mean a centralized or coorrnated process • designed to coordinate program • participant intake, assessment, and • provision of referrals. A..centraiized or coordinated assessment system oo.vers the geographic area, is easily accessed by individsals and families seeking • housing or services, is well advertised, and includes a comprehensiveand standardized assessment tool. This definition establishes basic minimum requirements for the' Continuum's centralized or coordinated assessment system. Collaborative applicant is defined to mean an eligible applicant that has been designated by the Continuum of Cara to apply for a grant for Continuum of Care planning funds on behalf of the Continuum. As discussed above, the "applicant" is the entity(ies) designated to apply for and -carry out projects on. behalf of the Continuum. In contrast to the definition of "applicant" above, the collaborative applicant applies for a grant to carry out the planning activities on behalf of the Continuum of Care. The interim rule simplifies the statutory language in order to make the Continuum of Care planning process clear: HUD highlights that its .definition of collaborative applicant does not track the -statutory definition, which is found in section 401 of the McKinney-Vento Act. As will be discussed,_n further detail later in this.preamble, the concept of collaborative applicant, its duties and functions, as provided in the statute, is provided for in this rule. However., HUD uses the term Continuum of Care to refer to the organizations that carry out tb.e duties and responsibilities assigned to the collaborative applicant, with the exception of applying to HUD for grant funds. The clarification is necessary in this rule because Continuums of Care are not required to be legal entities, but HUD can enter into contractual agreements with legal entities only. Continuum of Care and Continuum are defined to mean the group that is organized to carry out the responsibilities required under this part and that is composed of representatives of organizations including nonprofit homeless providers, victim service providers, faith-basedorganizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affgrdable housing . developers, law enforcement, organizations that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons. These organizations consist of. the relevant parties in the geographic area. Continuums are expected to include representation to the extent that the typeof organization exists within the geographic area that the Continuivrn represents and' is available to participate in the Continuum. For example, if a Continuum of Care did not have a university within its geographic boundaries, then HUD would not expect the Continuum to have representation from a university within the Continuum. These organizations carry out the responsibilities and duties established under Subpart B of this interim rule. The Continunrn of Care, .as noted above, carries oirt the.statutory duties and responsibilities of a collaborative applicant. 'HUD established the Continuum of Care in 1995. Local grantees and stakeholders are familiar with the Continuum of Care as the coordinating body for homeless services and homelessness prevention activities across the geographic area. Consequently, HUD is maintaining the Continuum of Care terminology, and the rule provides for the duties and responsibilities of a cojlehorative applicant to be carried out under the name Continuum of Care. • • High -performing community is defined to mean the geographic area under the jurisdiction of a Continuum of Care that has been designated as a high - performing community by HUD. Section. 424 of the 1vioKinney-Vento Act provides that HUD shall designate, on an annual basis, whichcollaborative applicants represent high -performing co'nmi r n i ties. Consistent with HUD' s substitution of the term "Continuum of Care" fox "collaborative ,applicant," the definition of "high -performing community" in this interim rule provides for designation of Continuums of Care that represent geographic areas designated as sgh-performing communities. The standards for becoming a high -performing commi nity can be found in § 578.65 of this interim 45426 Federal Register/Vol. 77, No. 147 /Tuesday, July 31, 2012/Rules and Regulations rule and will be discussed later in this preamble. Private nonprofit organization is based on the statutory definition for "private nonprofit organization." The term "private nonprofit organization" is . defined in section 424 of the McKinney- Vento Act as follows: "The term 'private nonprofit organization' means an organization: '(A) No part of the net earnings of wiut inures to the benefit of any member, founder, contributor, or individual; (B) that has a voluntary board; (C) that has an accounting system, or has designated a fiscal agent in accordance with requirements established by the Secretary; and (D) that practices nondiscrimination in the • provision of assistance•' ' In HUD's regulatory definition of "private nonprofit orgeni7ation," HUD clarifies that the organi zation's accounting system must be functioning and operated in accordance with generally accepted accounting principles. HUD has included this language to• make certain that accounting systems are workable and abide by definite, accurate standards. As reflected in the statutory definition of "private nonprofit organization," HUD may establish . requirements for the designation of a fiscal agent. HUD has determined that the fiscal agent, such. as a Unified Funding Agency, a term that is also defined in section 424 of the McKinney- Vento Act, must maintein a functioning accounting system for the organization in accordance with. generally accepted accounting principles. Permanent.housing is consistent with out the projects." Alt of the statutory definition of 'permanent specified by the statutory definition are Unified Funding Agency (UFA) means housing" in section 401 of the in the rule: (A) and (B) are contained in an eligible applicant selectedby the McKinney-Vento Act, but does not track the definition and (C) is covered in. the Gontinuern of Care to apply for a grant the statutory language. HUD's regulatory sectionsof the rule dealing with what a for the entire Continuum, which has the definition of "permanent housing" recipient ban do with grant funds, capacity to carry out the duties states: "The term 'permanent housing' Safe haven is based on the definition delegated to a UFA in this rule, which means community —based housing of safe haven in the McKinney-Vento is approved. by HUD and to which HUD without a designated length of stay, and .Act prior to amendment by the awards a grant. HUD's regulatory includes both permanent supportive HEARTH Act. Although no longer used definition of UFA departs slightly from housing and rapid re -housing." in statute, HUD's position is that the • the statutory definition. The statutory Additionally, in the regulatory • term remains relevant for definition refers to the collaborative definition of "permanent housing," implementation of the Continuum of applicant. The differences between the HUD clarifies that to be permanent Care program and, therefore, HUD statutory definition and HUD's housing "the program participant must proposes to include the term in the regulatory definition reflect HUD's be the tenant on a lease for a term of at Continuum of Care program re least one year that is renewable and is The term "safe haven" is used for terminable only for cause. The lease purposes of determining whe`laer a must be renewable for terms that are a person is chronically homeless. The ' d t ch determined that requiring a lease for a homeless persons with severe mental In general. The statutory authority for term of at least one year that is illness who came from the streets and • the Continu�.un of Care program is renewable and terminable only for • have been unwilling or unable to section 422 of the McKinney-Vento Act. cause, assists program participants in participate in supportive services. In As stated under section 1002 of the obteining stability in housing, even addition, the housing must provide HEARTH Act, one of the main purposes when the rental assistance is temporary. 24-hour residence for eligible persons of the HEARTH Act is to codify the These requirements are consistent with for an unspecified period, have an Continuum of Care planning process. Section. 8 requirements. overnight capacity limited to 25 or Consequently, under this interim rule, ations. substitution of Continuum of Care for collaborative applicant. Establishing and Operating the Continuum of Care (Subpart B) minimum of one mont h long. HUD has housing must serve hat o-tea Specific request for comment. HUD specifically requests comment an requiring a lease for a term of at least one year to be considered permanent housing. Project is consistent with the statutory definition of "project" in section 401 of the McKinney-Vento Act, but does not track the statutory language. Section 401 •defines "project" as, withrespectto activities carried out under subtitle C,. aligible activities described in section 423(a), undertaken pursuant to a specific endeavor, such as serving a particular population or providing a particular resource. In HUD's definition of "project" in this interim rule, the eligible activities described in section 423(a) of the McKinney-Vento Act have been identified. In the regulatory text, HUD has clarified that it is a group of one or more of these eligible costs that are identified as a project in an application to HUD for Continuum of Care funds. ;Recipient is defined to mean an applicant that signs a grant agreement with HUD HUD's definition of fewer persons, and provide low -demand services and referrals for the residents, Subrecipient is defined to mean a private nonprofit organization, State or local government, or instrumentality of a State or local government that receives a subgrant from the recipient to operate a project. The definition of "subrecipient" is consistent with the definition of "project sponsor" found in section 401 of the McKinneyVento Act, but does not track the statutory - -• language, To be consistent with the Emergency Solutions Grants program regulation, and also to ensure that the relationship between the recipient and subrecipient is clear, HUD is using the term subrecipient, instead of project sponsor, throughout this regulation. Transitional housing, is based on the definition of 'transitional housing" in section 401 of the McKinney-Vento Act, as follows: "The term `transitional housing' means housing, the purpose of which is to facilitate the movement of indivicleals and families experiencing homelessness to permanent housing within 24 months or such longer period recipient" is consistent with the as the Secretary determines necessary. ' statutory definition of "recipient," but The definitions been of expandfrom ed to not track the statutory language. distinguishthis type o Section 424. of the McKinney-Vento Act emergency shelter. This distinction is defines "recipient" as "an eligible entity necessitated by the McKin.neyVento -who—(A) submits an application for a Act's explicit distinction between what grant under section 422 th et is approved activities can or cane of be funded under by the Secretary; (B) receives the grant the Continunn of Care program. The directly from the Secretary to support regulatory definition clarifies that, to be approved projects described in the transitional housing, program application; and (C)(i) serves as a project participants must have signed a lease or sponsor for the projects; or (ii) awards occupancy agreement that is for a term the funds to project sponsors to carry of at least one month and that ends in the activities 24 months and carrot be extended. Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations P45427 HUD focuses on the rules 'and responsibilities of those involved in the Continuum of Care planning process. and describes how applications and grant funds will be processed, A.s discussed earlier in the preamble, HUD's interim rule provides for the duties and functions of the collaborative applicant found in section 401 of the McKinney-Vento Act to be designated to the Continuum of Care, with the --exceptiu`u of applying to HTJD far gr'a`rit— funds. HUD chose this approach because the Continuum might not be a legal entity, and therefore cannot enter into enforceable contractual agreements, but is the appropriate body for establishing andimplementing e. decisions that affect the entire geographic area covered by the Continuum, including decisions related to funding. This approach allows the Continu,jrn to retain its duties related to planning and prioritizing need (otherwise designated by statute to the collaborative applicant), while the authority to sign a grant agreement with HUD is designated to an eligible applicant that can enter into a contractual agreement. All of the duties assigned to the Continuum are based on the comparable duties of section 402(r) of the McKinney-Vento Act.. Subpart B of the interim rule . - identifies how Continuums of Care. are 'established, as well as the required duties and functions of the Continuum of Care. Establishing the Continuum of Care. In order to be eligible for funds under the Continuum of Care progrere, • representatives from relevant - . . organizations within a geographic area must establish a Continuum of Care. As discussed earlier in this preamble, this body is responsible for carrying out the duties identified in this interim regulation. Representatives from relevant organizations include nonprofit homeless assistance providers, victim service providers, faith -based organizations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, and organizations that serve veterans and homeless and formerly homeless individuals. Where these organizations are located within the geographic area served by the Continuum of Care, HUD expects a representative of the organization to be a part of the Continuum of Care. Specific request for comment. HUD specifically requests comments on requiring Continuums of Care to have a board that makres the decisions for the Continuum. HUD requires two characteristics for all board compositions, These characteristics are that the Board must be representative of the subpopulations of homeless persons that exist within the geographic area, and include a homeless or formerly homeless person. Continuums will have 2 years from the effective date of the interim rule to establish a board that meets the criteria established in this secaoAT 1T5 board metier may - participate or influence discussions or decisions concerning the award of a grant or other financial benefits for an organization that the member ' represents, . HUD is considering four additional characteristics for all board compositions for incorporation in the final rule. HUD did not implement them at this stage in order to seek public comment prior to implementing them as requirements. HUD proposes that all boards must have a choir or co-chairs; be composed of an uneven number, serving staggered terms; include members from the public and private sectors; and include a member from at least one Emergency Solutions Grants program (ESG) recipient's agency . located within the Continunm's geographic area. HUD is requesting comment on all of these proposed requirements; however, HUD specifically requests comments from Continuums of Care and ESG recipients on the requirement that the Board include an ESG recipient as part of its membership. PIUD invites ESC recipients and Continuums to share challenges that will be encountered when implementing this requirement. Ensuring that ESG recipients are represented on the Board is important to HtJD; therefore, in communities where ESG recipients and/or Continuums do not feel this requirement is feasible, HUD asks commenters to provide suggestions for how ESG recipients can be involved in the Continuum at one of the core decisidn-making levels. Responsibilities of the Continuum of Care. The interim rale establishes three major duties for which the Continuum of Care is responsible: To operate the Continuum of Care, to designate an HMIS for the Contin = of Care, and to plan for the Continuum of Care, This section of the interim rule establishes requirements within these three major duties. Operating the Continuum of Care. The interim rule provides that the Continuum. of Care must abide by certain operational requirements. These requirements will ensure the effective management of the Continuum of Care process and ensure that the process is inclusive and fair. HUD has established -eight duties required of the Continuum necessary to effectively operate. the Continuum of Care. HUD has established the specific minimum standards for operating and managing a Continuum of Care for two main reasons. First, the selection criteria established under section 427 of the . McKinney-Vento Act require HUD to measure the Continuum of Care's performance in reducing homelessness by looldng at the overall performance of the Continuum, as opposed to measuring performance project -by - project as was done prior to the enactment of the 1-TA.RTH Act, This Continuum of Care performance approach results in ceopeaation and coordination among providers, Second, because Continuums of Care will have grants of tip to 3 percent of Final Pro Rata Need' (FPRN) to be used for eligible Continuern of Care planning costs, HUD is requiring more formal decision - making and operating standards for the Continuum of Care. This requirement ensures that the Continuums have appropriate funding to support planning costs. One of the duties established in this interim rule is the requirement that the Continuum establish and operate a centralised or coordinated assessment system that provides an initial, comprehensive assessment of the needs of individuals and families for housing and .services'. As detailed'in the Emergency Solutions Grants program interim rule published anDecember 5, 2011, thorouga the administration of the Rapid Re -Housing for Families Demonstration program, and the Homelessness Prevention and Rapid Re - Housing program, as well as best practices identified in communities, HUD has learned that centplied or coordinated assessment systems are important in ensuring the success of homeless assistance and homeless prevention programs in carn-nunities. In particular, such assessment systems help communities systematically assess the needs of program participants and effectively match each individual or family with the most appropriate resources available to -address that individual or family's particular needs. Therefore, HUD has required, through this interim rule, each Continuum of Care to develop and implement a centralized or coordinated assessment system for its geographic area, Such a system must be designed locally in response to local needs and conditions. 'For example, rural areas will have significantly different systems than urban ones. While the common thread between typical models is the use of a 45428 Federal Register/Vol, 77, No. 247/Tuesday, July 31, 2012/Rules and Regulations common assessment tool, the form, violence victims; or the location of when administering assistance under detail, and use of that tool will vary victim service providers with this part. These requirements, from one community to the next. Some centralized assessment teams. established in consultation with examples of centralized or coordinated HUD invites suggestions for ensuring recipients of Emergency Solutions assessment systems include: A central that the requirements it imposes Grants program funds within the location or locations within a regarding centralized or coordinated geographic area, are intended to geographic area where individuals and assessment systems will best help coordinate service delivery across the families must be present to receive communities use their resources geographic area and assist Continuums homeless services; a 211 or other hotline effectively and best meet the needs of all of Care and their recipients in • system that screens and directly families and individuals who need evaluating the eligibility of individuals connects callers to appropriate homeless assistance. Questions that HUD asks . and families consistently and housing/service providers in tlic2Tea; a. coii!rhtnters to sli8Clfieally-address are: adnyiniisteringassistance-fairly-and•-- "no wrong door" approach in which a What barriers to accessing housing/ methodically. The written standards can homeless family or individual can show services might a centralized or be found in § 575.7(a)(9) of this interim up at any homeless service provider in coordinated intake system pose to rule, the geographic area but is assessed using victims of domestic violence? How can • Designating and operating an l-IMfS, the sane tool and methodology so that those barriers be eliminated? What The Continuum of Care is responsible referrals are consistently completed specific measures should be • • for designing an HIES and an eligible across the Continuum of Care; a implemented to ensure safety and applicant to manage the HMiS, specialized team of case workers that confidentiality for individuals and consistent with the requirements, which provides assessment services to families who are fleeing or attempting to will be codifi ed in 24 CFR pert 580. providers within the Continuum of flee domestic violence situations? How This duty is listed under section Care; or in larger geographic areas, a should those additional standards be 402(f) (2)• of the McKinney-Vento•Act. In regional appproanh in which "hubs are implemented to ensure that victims of addition, the Continuum is responsible created within smaller geographic areas. domestic violence have immediate for reviewing, revising, and approving rtmng a HUD intends to develop technical access to housing and services without? privacy plan, feecurity r cue tLplaMIS and andedata assistance materials on a range of increasing the burden on those victims? quality P centralized and coordinated assessment For communities that already have consistent participation of recipients types, including those most appropriate centralized or coordinated assessment and d subrec Ppi o ts insar planning.eHMIS. The for rural areas. systems in place, are victims of f HUD recognizes that imposing a domestic violence and/or domestic Continum-ri is responsible for requirement for a. centralized or violence service providers integrated coordinating and implementing a coordinated assessment system may into that system? Under either scenario system fox its geographic area to meet have certain costs and risks. Among the (they ere integrated into an assessment and sub oe )2.eeds of the homeless elesswithin thpopulation risks that -HUD wishes specifically to process or they are not integrated into eo a hi. caret. The interim rule address are the risks fanin g individuals it), how does your comm»nity ensure geographic thes area. . The rt urn rule for and families fleeing domestic violence, the safety and confidentiality of this this systematic ria roach under dating violence, sexual assault, and population, as well: as access to i ), such r emergency u env Stalking. In developing the baseline homeless housing and services. What g g y requirements for a centralized or HUD -sponsored training -would be shelters, rapid rehousing, transitional coordinated. intake system, .1-TUD is helpful to assist communities in housing, permanent supportive housing, considering whether victim service completing the initial assessment of • and prevention strategies. Because there providers should be exempt from victims of domestic violence in a safe arere' not sulent nuntresom of Caravail boeram le participating inc local centrali led or and confidential manner? gh the coordinated assessment process, or In addition to comments addressing to prevent and end homelessness, whether Victim service providers should the needs of victims of domestic • coordination and integration of other have the option to participate or not. violence, dating violence, sexual funding streams, including the Specijmc request for comment. HUI7. assault, and stalking, 'HUD invites Emergency Solutions Grants program specifically seeks comment from general comments on the use of a and, mainstream resources, is integral.to out the Continuum of Care Conttnunm of Care -faded victim service providers on this question. As set forth in this interim rule, each Continuum of Care is to develop a specific policy on how its particular system will address the needs of individuals and families who are improved. HUD specifically seeks Continuum of Care plan that adheres, fleeing, or attempting to flee, domestic comment on any additional risks that a not only to the requirements being violence, dating violence, sexual centralized or coordinated assessment establishedby this interim rule, but to assault, or stalking, but who are seelang system may create for victims of the requirements and directions of the shelter or services from non -victim domestic violence, dating violence, most recently issued notice of funding service providers. These policies could sexual assault, or stalking who are availability�sNOAduties are not include reserving private areas at an seeldng emergency shelter services due planning assessment location for evaluations of to immediate danger, regardless of explicitly provided in section 402(f) of individuals or families who are fleeing, whetherthe Act, HUD has included them to they are seeking services facilitate clarify Continuum of or attempting to flee, domestic violence, through a victim service provider or Care planning andprocess. the Consistent of dating violence, sexual assault, or nonvictim. service provider. P g ith stalking; a separate "track" within the Another duty set forth in this part, is the goals of the HEARTH Act, HTJD assessment framework that is the req�.tirement to establish and strives, through this interim rule, to specifically designed for domestic consistently follow Written standards provide a comprehensive, well - centralized or coordinated assessment carrying system, particularly from those in , System. communities that have already HUD has determined that since the implemented one of these systems who Continuum of Care will be the larger can share both what has worked well planning organivation, the Continuum d h th stems could be of Care must develop and follow a an ow these. sy Federal Register / Vol, 77, No. 147 / Tuesday, July 31, 2012./Rules and Regulations •,. 45429 coordinated and clear planning process, which involves the creation of the Continuum of Care and the duties the Continuum of Care will have to fulfill, Other planning duties for Continuums established in this section of the interim rule are planning for and conducting at • least a biennial -point -in -time count of homeless persons within the geographic area, conducting an annual gaps analysis of the homeless needs and sertrice5 i9allalile within the geographic area, -providing information necessary to complete the Consolidated Plan(s) within the geographic area, and consulting with State and local • government Emergency Solutions Grants programrecipients within the Continuum of Care on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency .Solutions Grants program recipients and subrecipients. Preparing an application for funds. A major function of the Continuum of Care is preparing and overseeing an application for funds under this part This section of the interim rule establishes the duties of the Continuum •of Care related to the preparation of the application. This section of the interim rule establishes that the Continuum is responsible for designing, operating, and following a collaborative_process for the development of applications, as well as approving the submission of applications, in response to a NOFA published by HUD. The Continuum must also establish priorities for funding projects within the geographic area .and .determine the number of applications being submitted_ for funrlin g. As previously noted in this preamble, since the Continuum of Care might not be a legal entity, and therefore may not be able to enter into a contractual agreement with HUD, the Continuum must select one or more eligible applicants to submit an . application for funrling to IUD on its behalf. If the Continuum of Care is an eligible applicant, the Continuum of Care may submit an application. If the Continuum selects more than one • application, the Con_tinwirn must select one eligible applicant to be the collaborative applicant. That applicant will collect and combine the required application information from all of the other eligible applicants and for all projects within the geographic area that the Continuum has designated. If only one application is submitted by the collaborative applicant, the collaborative applicant will collect and combine the required application information flom all projects within the geographic area that the Continuum has applicant. For -profit entities are not eligible to apply for grants or to be subrecipients of grant finds. Section 401(10) of the McKinney - the case that there is one application for Vento Act identifies that collaborative projects, the recipient of the funds is applicants may be legal entities, and a required to have signed agreements with legal entity may include a censortium of its subrecipients as set forth in instrumentalities of a State or local § 578.23(c), and is required to monitor government that has constituted itself as and sanction subrecipients in an entity. HtID has not included a compliance with .§ 578.107 • consortium in the list of eligible Whetha the abfatiititmi of Care- applicants. As noted earlier in this submits the application or designates an preamble, a Continuum of Care is eligible applicant to submit the defined to mean a grdup that is application for funding, the Continuum composed of representatives of of Care retains all of its duties, organizations across the entire Unified Funding Agencies. To be geographic area claimed by the designated as the Unified Fund in . .. Continuum of Care. A Continuum is Agency (UFA) for the Continuum of able to combine more than one Care, the Continuum must select the metropolitan city or county into the collaborative applicant to apply to HUD geographic area that the Continuum to be designated as the UFA for the • represents, In essence, the Continuum of Continuum. The interim rule establishes Care acts as a consortium, and it is the criteria HUD will use when therefore HUD's position that the determining whether to designate the inclusion of consortiums in the interim collaborative applicant as a UFA. These rule would be redundant. standards were developed to ensure that Determining the Continuum's collaborative applicants have the maximum award amount. The total capacity to manage the grant and carry amount for which a Continuum of Care out the duties in 578.11(b), and are is eligible to apply and be awarded is described below. determined through a four -step process, The duties of the UFA established in • inclurlir g the following factors: A § 578.11 are consistentwith the duties Continuum's PPRN amount; renewal set forth in section 402(g) of the Act, • demand; any additional increases in Even if the Continuum designates a amounts for leasing, rental assistance, UFA to submit the application for and operating costs based on Fair funding, the Continuum of.Care retains Market Rents (FMRs); planning and all of its duties. UFA cost funds;'and the amounts Remedial actions. Section 402(c) of available for bonus dollars. the McKinney-Vento Act gives HUD the Using the formula that will be authority to ensure the fair distribution discussed below, HUD will first of grant amounts for this program, such determine a Continue m of Care's PPRN as designating another body as a amount, as authorized under section collaborativeapplicant, replacing the 427(b)(2)(B) ofthe•McKinney-Vento Act. Continuum of Cara for the geographic This amount is the sum of the PPRN area, or permitting other eligible entities amounts for each metropolitan city, to apply directly for grants. Section urban county, non -urban county, and: 578.13 of this interim rule addresses the insular area claimed by the Continuum remedial actions that may be taken. of Care as part of its geographic area, Overview o theA Iicaiion and Grant excluding any counties applying for, or f ppreceiving funds under the Rural Award Process (Subpart C) Housing Stability Assistance program, Eligible applicants. Under this interim the regulations far which will be rule, eligible applicants consist of established in 24 CFR part 579. The nonprofit organizations, State and local PPRN for each of these areas is based governments, and instrumentalities of upon the "need formula" under local governments., An eligible applicant • § 579.17(a)(2) and (3). Under the must have been designated by the • McKinney-Veuto Act, HUD is required Continuum of Care to submit an. • to publish, by regulation, the formula application for grant funds under this used to establish grant amounts,. The part. The Continuum's designation must . need foruuula under § 379.17(a)(2) and state whether the Continuum is • (3) satisfies this requirement, and HUD designating More than one applicant to . specifically seeks comment on this . apply for funds, and if it is, which formula. HUD will announce the PPRN applicant is being designated. the amounts prior to the publication of the collaborative applicant. A Continuum of NOFA on its Web site, Care that is designating only one To establish the amount on which the applicant for funds must designate that need formula is ruin, HUD will deduct applicant to be the collaborative an amount, which will be published in • designated for funding. The . collaborative applicant will always be the only applicant that can apply for Continuum of Care planning costs. In • 4543d Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations the NOFA, to be set aside to provide a items based on changes to the FMRs in the NOFA and award funds to recipients bonus, and the amount necessary to the geographic area. through a national competition based on fund Continuum of Care planning Third,. HUD will determine the selection criteria as defined in section activities and UFA costs from the total Continuum of Care's Final Pro Rata 427 of the McKinney-Vento Act, HUD funds made available for the program Need (FPRN), which is the higher of will announce the awards and notify each fiscal year. On this amount, HUD (1) PPRN, or (2) renewal demand for the selected applicants of any conditions will use the following process to Continuum of Care. The FPRN imposed on the awards. establish an area's PPRN, First, 2 establishes the base for the mertmum Grant agreements. A recipient of a percent of the total funds available shall award amount for the Contin.uum of conditionally awarded grant must be allocated among the four insular Care. satisfy all requirements for obligation of areas (American Samoa, Guam, the Fourth, HUD will determine the funds; otherwise, HUD will withdraw Commonwealth of the Norihet. " maximum award amount The • its offer of the award: These conditions . Marianas, and the Virgin Islands) based maximum award amount for the include establishing site control, upon the percentage each area received Continuum of Care is the FPRN amount providing proof of match, complying in the previous fiscal year under section plus any additional eligible amounts for with environmental review under 106 of the Housing and Community Continuum planning; establishing fiscal § 578.31, and doc»menting financial Development Act of 1974. Second., 75 controls for the Continuum; updates to feasibility within the deadlines under percent of the remaining funds made leasing, operating, and rental assistance § 578.21(a)(3). HUD has included in the available shall be allocated to line items based on changes to FMB; interim rule the deadlines for conditions metropolitan cities and urban counties and the availability of any bonus that may be extended and the reasons that have been funded under the . funding during the competition. for which HUD will consider an Emergency Solutions Grants program Application process. Each fiscal year, extension. (formerly known as the Emergency HUD will issue a NOFA. All • The interim rule requires that site Shelter Grants program) every year since applications, including'applications for control be established by each recipient 2004. Third., the remaining funds made grant " ds, and requests for receiving funds for acquisition, available shall be allocated to designation as a UFA or HPC, must be rehabilitation funding, new Community Development Block Grant submitted to HUD in accordance with construction, or operating costs, or for (©BG) metropolitan cities and urban the requirements of the NOFA and provig supportive services. HUD has counties that have not been funded contain such information as the NOFA determined that the time to establish under the Emergency Solutions Grants specifies. Applications may request up site control is 12 months forprojects not program every year since 2004 and all to the ma' imure award amount for receiving new construction, acquisition, other counties in the United States and Continuums of Care. or rehabilitation funriin g, as stated An applicant that is a State or a unit under section 426(a) of the McKinney- RePuerto enizi ofgeneral local government must have Vento Act, not 9 months as stated under Recognizing that in some federal g fiscal years, the amount available for the a HUD -approved, consolidated plan in section 422(d) of the McKinney-Vento foisuula may be less than the amount accordance with HUD's Consolidated Act, for projects receiving operating and required to renew all existing projects Plan regulations in 24 CFR part 91. The supportive service funds. HUD's eligible for renewal in that year for at applicant must submit a certification determination on the time needed to least one year, HUD has included a that the application for funding is establish site control is based on method for distributing the reduction of consistent with the HUD -approved previous program policy, and the longer funds proportionally across all consolidated plan(s) in the project's time frame takes into consideration the Continultn,s of Care in § 57B,17(a)(4) of jurisdiction's). Applicants that are not reality dale housing market ?rejects this interim rule. HUD will publish the States or imits of general local receiving acquisition, rehabilitation, or total dollar amount that each government must submit a certification new construction funding must provide Continuum will be required to deduct that the application for funding is evidence of site control no later than 24 from renewal projects Continuum -wide, consistent with the jurisdiction's HUD- months after the announcement of grant and Contin rem s will have the authority approved consolidated. plan. The ' awards, as provided under section to determine how to arlmini ster the cuts certification riust be made by the unit 422(e) of the McKinney-Vento Act. to projects across the Cent:metro of general local government or the State, The interim rule requires that HUD Specific request for comment. HUD ' in accordance with HUD's regulations in perform an environmental review for specifically requests comment on the . 24 CFR part 91, subpart F. The required each property as required under HUD's method established in § 578.17(a)(4) to certification must be submitted by the environmental regulations in 24 CFR reduce the total amount required to funding application submission part 50. All recipients of Continuum of renew all projects eligible fox renewal in deadline announced in the NOFA. Care program funding under this part that one year, for at least one year, for Ai applicant may provide assistance must supply all available, relevant each Continuum of Care when funding under this program only in accorden ce information necessary to HUD, and is not srffi cient to renew all projects with HUD subsidy layering carry out mitigating measures required nationwide for at least'one year. requirements in section 102 of the by HUD. The recipient, its project The second step in determining a Housing and Urban Development partners, and its project partner's Continuure's ma dmiim award amount Reform Act of 1989 (42 U.S.C. 3545). In contractors may not perform any eligible is establishing a Continuum of Care's this interim rule, HUD clarifies that the activity for a project under this part, or "renewal demand." The Continuum's applicant must submit information in its commit or expend HUD or local funds renewal demand is the sign of the application on other sources of funding for such activities until HUD has annual renewal amounts of all projects the applicant has received, or performed an environmental review and eligible within the Continuum of Care's reasonably expects to receive, for a the recipient has received HUD geographic area to apply for renewal in proposed project or activities, approval of the property agreements, that federal fiscal year's competition Awarding funds. HUD will review Executing grant agreements. If a - before any adjustments to rental applications in accordance with the Continuum designates more "than one assistan ce, leasing, and operating line guidelines and procedures specified in applicant for the geographic area, HUD Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations °45431 will enter into a grant agreement with each designated recipient for which an award is announced. If a Continuum designates only one recipient for the geographic area, HUD may enter into one grant agreement with that recipient for new awards, if any; and one grant agreement for renewals and Continuum of Care planning costs and UFA costs, if any. These two grant agreements will cover the entire geographic area, and a default by the recipient under one of these agreements will also constitute a default under the other. If the Continuum is a UFA, HUD will enter into one grant agreement with the UFA for new awards, if any; and one for renewal -and Coninuum of Care planning costs and UFA costs, if any, Similarly, these two grant agreements *nrlJ] cover the entire geographic area and a default by the recipient under one. of those agreements will also constitute a default under th P other. HUD requires the recipient to enter into the agreement described. in • § 578.23(c). Under this agreement, the grant recipient must agree to ensure that the operation of the project will be in accordance with the Mci.inney-Veto Act and the requirements under this part. in addition, the recipient must monitor and report the progress of the projects to the Continuum of Care and to HUD. The recipient must ensurethat individuals and families experiencing homelessness are involved in the operation of the project, maintain, confidentiality of program participants, and monitor .and report matrhing funds to HTJD, among other requirements. The recipient must also agree to use the centralized or coordinated assessment. system established by the Continuum of Care, unless the recipient or subrecipient is a victim service provider. Victim service providers may choose notto use the centralized or coordinated assessment system provided that all victim service providers in the area use a centralized or coorrli n ated assessment system that meets HUD's minim=,m requirements. HUD has provided this optional • • exception because it understands the unique role that victim service providers have within the Contnuun of Care. • Renewals. The interim rule provides that HUD may fund, through the Continunra of Care program, .all projects that were previously eligible under the McKinney-Vento Act prior to the enactment of the BLARTH Act. These projects may be renewed to .continue ongoing leasing, operations, supportive services, rental assistance, HMIS, and anrrini strat on beyond the initial. funding period even if those projects would not be eligible under the Continuath of Care program. For projects that would no longer be eligible under the Continuum of Care program (e.g., safe havens), but which are serving homeless persons; HUD wants to ensure that housing is maintained and that persons do not become homeless because funding is withdrawn. HUD may renew projects that were submitted on time and in such manner as required by HTJD, but did not have a total score that would allow the project to' be competitively funded, HUD . may choose to exercise this option to ensure that homeless or formerly homeless persons do not lose their housing. The interim rule provides; based on the language in section 421(e) of the McKinney-Vento Act, that Ht3D may renew the project, upon a finning that the project meets the purposes of the Continuum of Care program, for up to one year and under such conditions as HUD deems appropriate. Annual Performance Report. The interim rule also provides that HT, D may terminate the renewal of any grant and require the recipient to repay the • renewal grant if the recipient fails to submit a HUD, Annual Performance Report (APR) within 90 days efthe end of the program year or if the recipient submits an APR that HUD deems unacceptable or shows noncompliance with the requirements of the grant and this part. Section 578.103(e) of the • Continuum of Care program regulations further clarifies that recipients receiving grant funds for acquisition, rehabilitation, or new construction are expected to submit APRs for 15 years from the date of initial occupancy or the date of initial service provision, unless HUD provides an exception. The recipient's submission of the APR helps HUD review whether the recipient is carrying out the project in themanner proposed in the application. Recipients • agree to submit an APR as a condition of their grant agreement This requirement allows HUD to ensure that recipients submit APRs on grant agreements that have expired as a condition of receiving approval for a new grant agreement fox the renewal project. Appeals. The interim rule provides certain appeal options for applicants that werenot awarded funding. Under section 422(g) of the McKinney-Vento Act, if more than one collaborative applicant submits an application covering the same subtitle to a collaborative application," geographic area, HUD must award funds The interim rule sets an appeal process to the application that scores the highest for d.enied•or decreased funning under score based on the selection criteria set § 57B.35(c). Applicants that are denied forth in section 427 of the Act. funds by HUD, or that requested more Consistent with HUD's use of the term funds than HUD awarded, may appeal Continuum of Care in the interim rule where the statute uses collaborative applicant, as explained earlier in the preamble, the interim rule stipulates that if more than one Continuum. of Care claims the same geographic area, then HUD will award funds to the Continuum applicant(s) whose application(s) has the bighsst total score and that no projects from the lower scoring continuum gf QM-Ye-ll:be__. . funded (and that any projects submitted with both applications will not be funded.). To appeal HUD's decision to fund the competing Continuum of Care, the applicant(s) from the lower -scoring Continuum of Care must file the written appeal in such form and manner as HUD may require within 45 days of the date of HUD's announcement of award. If an applicant has had acerdfication of consistency with a consolidated plan withheld, that applicant may appeal such a decision to HUD. HUD has established a procedure to process the appeals and no later than 45 days after the date of receipt•of an appeal, HUD will make a decision. Section 422(h) of the McKinney-Vento Act provides the authority for a solo applicant to submit an application to HUD and be awarded a grant by HUD if it meets the criteria under section 427 of the McKinney-Vento Act The interim. rule clarifies that a solo applicant must submit its application to HUD by the deariline established in the NOFA to be considered for funrling. The statute also requires that HUD establish an appeal process for organisations that attempted to participate in the Continuum of Care's process and believe they were denied the right to reasonable participation, as reviewed in the context of the local Continuum's process, An organi 7ation may submit a solo application to HUI) and appeal the Continuums. decision not to include it in the Continuum's application. If HUD finds that the solo applicant was not permitted to participate in the Continua m of Care process in a reasonable manner, then HUD may award the grant to that solo applicant and may direct the Continuum to take remedial steps to ensure reasonable participation in the future. HUD may also reduce the award to the Continuum's an licant(s), Section 422(a)(1) of the McKinney- Vento Act requires that 'HUD establish a timely appeal procedure for grant amounts awarded or denied under this 45432 Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations by filing a written appeal within 45 days of the date of HUD's announcement of the award, HUD will notify applicant of its decision on the appeal within 60 days of the date of HtJD's receipt of the written appeal. Program Components and Eligible Costs (Subpart D) Program components. The interim rule provides.that Continuum of Care funds may be used for projects under five program components: Permanent. housing, transitional housing, • supportive services only, HMIS, and, in some cases, homelessness prevention, Administrative costs are eligible under all components Where possible, the ' • components set forth in the Continuum of Care program are consistent with the components set forth under the Emergency Solutions Grants program, This will ease the administrative burden on recipients of both programs and will ensure that reporting requirements and data quality benchmarks are consistently established and applied to like projects. One significant distinction between the Emergency Solutions Grants program and this part can be found in the eligible activities and administration requirements for assistance provided under the rapid rehousing component in this interim rule. The significant differences between this component in the Emergency Solutions Grants program and this part are discussed below. The interim rule sets forth the costs eligible for each program component in § 578.37(a). The eligible costs for contributing data to the HleES • desiem ated by the Continuum of Care homelessness prevention component by recipients in Continuums of Care that have been designated HPCs by HUD. Eligible activities are housing relocation and stabilization services, and short - and/or medium -term rental assistance, as set forth in 24 CFR 576.103, necessary to prevent an individual or family from becoming homeless, Planning activities. Under this interim rile, HUD lists eligible planning costs fct the Continuum of Care under § 578.39(b) and (c). HUD will allow no more than 3 percent of the FPRN, or a m.a>dmune amount to be established by the NOFA, to be used for certain costs. These costs must be related to designing a collaborative process fox an application to HUD, evaluating the outcomes of funded projects under the Continuum of Care and Emergency Solutions Grants programs, and participating in the consolidatedplan(s) for the geographic area(s), Under section 423 of the McKinney-Vento Act, a collaborative applirant may use no more than 3 percent of total funds made available to pay for administrative costs are also eligible under all components. services available to program cmade available will be added Consistent with the definition of participants that better align the services plrntli„ g permanent housing in section 401 of the available to program participants with . to a CoC's FPRN to establish the CoCs McKinney-Vento Act and § 578.3 of this those set forth in the Emergency maximum award amount. Unified Funding Agency Costs. Under interim rule, the permanent housing Solutions Grants program. component is community -based housing Specific request for comment While this interim rule; HUD lists eligible UFA without a designated length of stay that HUD's experience with the Supportive costs in § 578.41(b) and (c), Similar to permits formerly homeless individuals Housing and Shelter Plus Care programs the cap l w l more tho3 nning costs fox CoC, ot HUD e FPRN or a maximum a 3 and families to live as independently as is the basis for HUD's determination to per e possible. The interim rule clarifies that require case management fax some established by the NOamo , whichever is e Continuum of Care funds may be spent initial period after exiting homelessness, on two tyres of permanent housing: HUD specifically welcomes comment on less, to be used for UFA costs, This . Permanent supportive housing for other experiences with monthly case amount is in addition to the amount made available for CoC planning costs, persons with disabilities (PSH) and management. UFA costs include costs associated with rapid rehousing that provides temporary The interim rule provides that the g ensurin that all financial transactions assistance (i.e., rental assistance and/or HMIS component is for funds that are supportive services) to program used by 1-NII.S Leads only. Eligible costs carried out under the Continuum of participants in a unit that the program include leasing a structure in which the Care prograned.m recoe oncluardanceednndrecords participant retains after the assistance HMIS is operated, operating funds to. generally acce tad accoun in ends. operate a structure in which the HMIS g y P g Although the McKinney-Vento Act is operated, and EMS costs related to principles, including arrangng for an operating, and customizing annual survey, audit, or evaluation of authorizes permanent housing without establishing, op g the financial records of each project supportive services, the interim rule a Continuum of Care's HMIS. does not. Eased on its experience with As set forth in Section 424(c) of the carried out by a subrecipient fancied by the Supportive Housing and Shelter McKinney -Veto Act, Continuum. of Care a g��erecoivedthrough nthe Continuum Plus Care programs, HUD has funds may be -used only for the P determined that programs should require at least case management for some initial period after exiting homelessness, HUD has imposed the requirement that rapid rehousing include, at a minimum, monthly case management meetings with program participants (except where prohibited by the Violence. Against Women Act (VAWA) and the Family Violence Prevention and Services Act.(FVPSA)) and allows for a full range of supportive services to be provided fax up to 6 months after the rental assistance stops. Many other HUD programs, such as . Section 8 and HOME, provide housing without supportive services to low- income individuals and families. With respect to rapid rehousing, the interim rule provides that funds under this part may be used to provide supportive services and short-term and/or medium -term rental. assistance. While the time frames under which a program participant may receive short- term or medium -term rental assistance set forth in this part match the time frames set forth in the Emergency Solutions Grants program, the related to Continuum of Care planning, supportive services available to program HUD is defining "of the total funds participants receiving rapid rehousing made available" to mean FPRN, the assistance under the Condamine of Care higher of PPRN ex renewal demand, in program are not limited to housing the interim rule, HUD has determined relocation and stabilization services as that FPRN strikes the correctbalance, as they are in the Emergency Solutions it is the higher of PPRN or renewal Grants program. Program participants demand. This will help Continu Tms of receiving rapid rehousing under this Care (CoC) balance: (1) Having sufficient part may receive any of the supportive planning dollars to be successful in its services set forth in § 578.53 during duties and compete for new money their participation in the program. The (which would be the PPRN), and (2) Continuum of Care, however, does have being able to monitor and evaluate , the discretion to develop written actual projects in operation (and plan policies and procedures that limit the for renewal demand), The dministrative funds relatedto CoC • Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations .45433 available to UFAs related to establishing fiscal controls will be added to a CoC's. FPRN to establish the CoC marimu.m 'award amount. • Leasing. Under this interim rule, grant funds may be used to pay the costs of leasing a structure or structures, or portions of structures, to provide . housing or supportive services. The interim rule further clarifies that leasing means that the lease is between the recipient of furids Ltd the lendlotd: HUD -recognizes that some grantees receiving funds through the Supportive Housing Program may have been using their leasing funds in a manner . consistent with the rental assistance requirements established in § 578.51; therefore., since the Continuum of Care program authorizes both leasing and rental assistance, the rule provides for an allowance for projects originally approved to carry out leasing to renew and request funds for rental assistance, so long as the rental assistance meats the requirements in § 578.51. The rule provides that a recipient of a grant . awarded under the McKinney-Vento Act, prior to enactment of the HEARTH Act, must apply for leasing if the lease is between the recipient and the landlord, notwithstanding that the grant was awarded prior to the HEARTH Act amendments to the McKinney-Vento Act, The interim rule provides that leasing funds may not be used to lease units or structures ownedby the recipient, subrecipieat, their parent organization(s), any other related organization(s), or.organizations that are members of a partnership where the partnership owns the structure; unless HUD authorizes an exception for good cause. The interim rule establishes minimum. requirements that a request for an.excepdon must include. These exceptions are based on HUD's experience in administering the Homelessness Prevention and Rapid Re - Housing Program (HPRP). The interim'rule establishes that projects for leasing may require that program participants pay an occupancy charge (or in the case of a sublease, rent) of no more than 30 percent oftheir income. Income must be calculated in accordance with HUD's regulations in 24 CFR 5.600 and 24• CFR 5.611(a). However, the interim rule clarifies that projects 3n ay not charge pproggrram fees . Rental assistance. Undert-his interim rule, rental assistance is an eligible cost for permanent and transitional housing, and this rule clarifies that the rental assistance may be short-term, up to 3 months of rent; medium -term, for 3 to 24 months of rent; and long-term, for longer than 24 months of rent. This section provides that rental assistance may include tenant -based, project- bas.ed, or sponsor -based rental assistance. This section also provides that project -based rental assistance may include rental assistance to preserve • existing permanent supportive housing for homeless individuals and families. Given that the availability of affordable rental housing has been shown to be a key factor in reducing homelessness, the availability of fu.mrling for short-term, medium -term, and lone -term rental assistance under both the Emergency Solutions Grants program and the Continuum of Care program is not inefficient use of program funds, but rather effective use of funding for an activity that lowers the number of homeless persons. As noted in the above discussion, of rental housing available for funding under the Continuum of Care program, one eligible form of rental assistance is tenant -based, which allows the program participant to retain rental assistance for another unit. The interim rule )limits this retention to within the Contiinunm of Care boundaries. HUD has determined that Continuum of Care program funds must be used withit the Continuum's geographic boundaries. If program participants move outside of the Continuum; the Continuum may pay moving costs, security deposits, and the first month of rent for another unit; however, the Continuum would have to organise assistance with the relevant Continuum of Care for the program participant if rental assistance is to continue. The program participant may be transferred to a rental assistance program in a different Continuum without having to become homeless again. The recipient may also limit the movement of the assistance tc.a smaller area if this is necessary to, coordinate service delivery. Under this interim rule, the only exception to the limitation for retention of tenant -based rental assistance is for program participants who are victims of domestic violence, dating violence, sexual assault, or staring. Under the • definition of "tenant -based" in the McKinney-Vento Act (section 401(28) of the McKinney-Vento Act), these • participants must have complied with all other obligations of the program and reasonably believe that he or she is imminently .threatened by harm from further violence if he or she remains in the assisted dwelling unit. In the interim rule, HUD has clarified that the imminent threat of harm must be from further domestic violence, dating violence, sexual assault, or stalldn.g, which would include threats from a third party, such as a friend or family member of the perpetrator of the violence, HUD requires that the program participant provide appropriate documentation of the original incident of domestic violence, dating violence, sexual assault, or stalling, and any evidence of the current imminent threat of harm. Examples of appropriate documentation o.f the original incident of domestic violence, dating violence, - sexual assault, or stalking include written observation by the housing or service provider; a letter or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom the victim has sought assistance; or medical_ or dental, court, or law enforcement records. Documentation of reasonable belief of further domestic violence, dating violence, sea-nal assault, or staihiug includes written observation by the housing or service provider; a letter or other written documentation from a victim service provider, social worker, legal assistance provider, pastoral, counselor, mental health provider, or other professional from whom the victim has requested assistance; a. current restraining order, recent court order, or other court records; or law enforcement reports or records. The housiug.or_service provider may. also consider other documentation such as emails, voicemails, text messages, social media posts, and other communication. Because of the particular safety concerns surroamd;ng Vic_of domestic violence, the interim rule provides that acceptable evidence for both the oriogin.al violence end the reasonable belief include an oral statement. This oral statement does not need to be verified, but it must be documented by a written cartiffication by the individual or head of household. This provision is specific to victims of domestic violence, dating violence, sexual assault, and stalldng who are receiving tenant -based rental assistance in permanent.housing. This interim rule contains other policies for moving program participants receiving any type of assistance under this interim rule, including tenant -based rental assistance, within the Continuum of Care geographic area, or smaller geographic area required by the provider to coordinate service delivery. Moving program participants outside of the geographic area where providers can coordinate service -delivery is administratively difficult for providers and makes it difficult to monitor that program participants have access to, and are receiving, appropriate supportive 45434 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations .tea services; therefore, moves outside of the services specifically to victims of presented in a narrative form or other geographic area where the provider can domestic violence, dating violence, format prescribed by HUD. effectively deliver and monitor service sexual assault, and standng. The eligible Continuums must use the HIvIIS to coordination are allowed only under costs for providing victim services are demonstrate the following measures; (1) exceptional circumstances, HUD has listed as eligible costs in the supportive . That the mean length of homelessness establi.shed these provisions to provide services funding category. Rather than must be less than 20 days for the an exception and to address the create a new eligible line item in the ContinuContinuum'S moan length of epr isodes he challenges that are associated with such project budget, HUD has determined a move. that these costs can be included in the for individuals and families in similar Based on HUD's experience in funding categories already established. circumstances was reduced by at least administering the Shelter Plus Care Indirect costs. Indirect costs are 10 percent from the preceding year; (2) program, the interim rule includes allbwed as past of eligible program that less than 5 percent of individuals provisions to clarify when rental costs. Programs using indirect cost and families that leave homelessness payments may continue to be made to allocations must be consistent with become homeless again any time within a landlord when the program Office of Management and Budget the next 2 years, or the percentage of participant no longer resides in the unit. (OMB) Circulars A-87 and A-122, as . individuals and families in similar For vacated units, the interim rule applicable. OMB Circular A-87 and the circumstances who became homeless provides that assistance may continue • regulations at 2 CFR part 225 pertain to again writhin 2 years after leaving for a maximum of 30 days from the end "Cost Principles for State, Local, and homelessness was decreasedby at least of the month in which the unit was Indian Tribal Governments." OMB 20 percent from the preceding year; and vacated, unless the unit is occupied by Circular A-122 andhhe regulations (3) for Continuums of Care that served another eligible person. A. person codified at 24 CFR part 230 pertain to homeless families with youth defined as staying in an institution for less than 90 "Cost Principles for Non -Profit • homeless h mee5es uner of other fedee ral did not days is not considered as having vacated Organizations." percent the imit. Finely, the recipient may use Other costs. In addition to the eligible become homeless again within a 2-year grant funds, in an amount not to exceed costs described in this preamble, the period following termination of one mouth's rent, to pay for any damage regulation addresses the following other assistance and that 85 percent of those to housing due to the action of the • eligible costs; acquisition, rehabilitation, families achieved independentliving in program participant, one-time, per new construction, operating costs, permanent housing for at least 2 years program participant, per unit This HMIS, project administrative costs, and, following the termination of assistance. The McKinney-Vento Act requires assist ce can be provided only at the relocation costs. that HTJ-D set forth standards for time the program participant exits the High-pe? forming Communities (Subpart preventing homelessness among the housing emit E) subset of those at the highest risk of Supportivebvservices. Grsts fnds may Section 424 of the McKinney-Vento becoming homeless among those s pod to pay eligible costseof Act establishes'the authority for the homeless families and youth defined as upportive services for the special needs of prog_*am participants. All eligible establishment of and requirements for homeless -under other federal statutes, costs are eligible to the same extent for Fr -PCs. Applications must be submitted the third measure above, one of which program paiti.cipsits who are by the collaborative applicant at such includes achieving independent living _ unaccompF•ntedhomeless youth; time and in such manner as HUD may in permanent housing among this persons living with $human require and contain such information as population. HUD has set forth the immunodeficiency Virus (HIV)/ . . • HTJD determines necessary under standards of 95 percent and 85 percent. Acquired. mun ime Deficiency Syndrome § 578.17(b)• Applications will be posted. HIM recognizes that these standards are (AIDS) (HIV/AIDS); and victims of on. the HUD Web site (wwwhud.gov) for high, but standards are comparable to domestic violence, dating•violence, public comments, in addition to HUD's the otherstandards in the Act, wbich sexual assault, or stalking. Any costthat review of the applications, interested are high. It is HUD's position that HPCs is not described as au eligible cost under members of the public will be able to should be addressing the needs of those . this interim rule is not an eligible cost' provide comment to HUD regarding the homeless individuals within their providing supportivevassistance aPP hcaaons. communities prior to receiving Eligible costs consist of assistance with .Requirements. The Continuum. of Care designation of a HPC.and being allowed moving costs, case management, child . must use HMIS data (HTJD will publish to spend funds in accordance with care, education services, employment data standards and measurement . § 578.71. assistance and job training, housing protocols) to determine that the The final standard that the search and counseling services, legal standards for qualifying as a HPC are Continuum must use its HMIS data to services, life es, o training, mental showing how thetmustContinuum of Carbmit a e 424(d)() of the Act. The under tute requires health services, outpatient health services, outreach services, substance program funds were expended in the each homeless individual oT family who abuse treatment services, transportation, prior year, and provide information that sought homeless assistance to be and utilityutilityeposits. the Continuum meets the standards for included bathe data system used by that The denition of supportive BPCs. community. HUD has defined this as services" in section 401(27) of the Standards. In order to qualify as an bed -coverage and service -volume McKinney-Vento Act includes the HPC, a Continuum of Care must coverage rates of at least $0 percent. The provision of mental health services, demonstrate through reliable data that it documentation that each homeless trauma counseling, and victim services, meets all of the required standards. The individual er family who sought • HUD has determined that victim interim rule clarifies which standards homeless assistance be included in the services are eligible as supportive will be measured with reliable data from I 1 is of snot me s obleba by HUD. This services, and are included as eligible a Continm1ro's M1S and which type y program costs in this interim rule. standards will be measured through reliant upon self -reporting. Providers are allowed to provide reliable data from other sources and Additionally, individuals and families Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations " 45435 have the right to decline having their data entered into the 1-iivIIS. HUD uses bed -coverage rates andservice-volume coverage rates as a proxy for measuring the rate of inclusion of persons who are present for services or housing in the HMIS. This is a measurable standard, and HUD defines the calculation in the HMIS rule; therefore, the measurement will be consistent beti'een Continuums, Continuums must use reliable data . from other sources and presented in a narrative form or other format prescribed by HUD to measure two standards: Community action and renewing HPC status. Section 424(d)(4) of the McKinney-Vento Act establishes another standard for I-pPCs, vrhich is "commemity action," This statutory section provides that communities that compose the geographic area must have actively encouraged homeless individuals and families to participate in housing and services available in the geographic area and included each homeless individual or family who, sought homeless assistance services in the data system used by that community for determining compliance. HUD has defined "communities that compose the geographic area" to mean the entire geographic area of the Continuum. This definition will also provide consistency of measurement since mast of HUD's measurements are across the entire Continumn of Care geographic area. HUID has further defined ''actively encourage' within this standard as a comprehensive outreach plan, including specific steps for identifying homeless persons and referring them to appropriate housing and servicesin that geographic area. The measurement of the last part of this standard, "each homeless individual or family who • sought homeless assistance services in the data system used by that community," will be measured using reliable data from an HMIS and has been discussed earlier in this preamble, HUD has determined this will provide clarity and ensure consistent measurement across Conti ui,ms. The interim rule provides that a Continuo -re of Care that was an ETC in the prior year and used Continuum funds for activities described under . § 578.71 must demonstrate that these activities were effective at reducing the number of persons who became . homeless in that community, to be renewed as a HPC, Selection. HUD will select up to 10 Continw,rns of Care each year that best meet the application requirements- and the standards set forth in § 578.65. Consisten.twith section 424 of the McKinney-Vento Act, the interim rule provides aHPC designation for the grants awarded in the same competition in which the designation is applied for and made. The designation will be for a period of one year. Eligible activities. Recipients and subrecipients in Continuums that have . been designated an HPC may use grant funds to provide housing relocation and stabilization services and short- and/or medium -term rental assistance to individuals .and•families at risk of - homelessness as set for in the Emergency Solutions Grants program, • All eligible-actidities discussed in this section must be effective at stabilizing individuals and families in their current housing, ar quickly moving such individuals and families to other permanent housing. This is the only time that Continuum of Care funds may be used to serve nova' omeless individuals and families. Recipients and subrecipients using grant funds on these eligible activities roust fallow the written standards established. by the Continuum of Care in § 578.7(a)(9)(v), and the recordkeeping requirements set for the Emergency Solutions Grants program rule. Program Requirements (Subpart F) All recipients of Continuum of Care funding must comply with the program regulations and the requirements of the NOFA issued annually by HUD. Matching. The HEARTH Act allows for a new; eimplii,ed match requirement. All eligible funding costs except leasing must be matched with no less than a 25 percent cash or in-1 irtd match. The interim. rule clarifies that the match. must be provided for the entire grant, except that recipients that are UFAs ar are the sole recipient for the Continuum may provide the match on a Continuum -wide 'basis. For in -land match, the governmentwide grant requirements of HUD's regulations in 24 CFR 84.23 (for private nonprofit organizations) and 85,24 (for governments) apply. The regulations in 24 CFR parts 84 and 85 establish uniform, administrative requirements for HUD grants. The requirements of 24 CFR part 84 apply to subrecipients that are private nonprofit organizations. The requirements of 24 CFR part 85 apply to the recipient and subrecipients that are emits of general purpose local government. The match requirement in 24 CFR 84.23 and in'24 CFR 85.24 applies to administration funds, as well as Continuum of Care planning costs and UFA's financial management costs. All match mustbe spent on eligible activities as required under subpart D of this interim rule, except that recipients and subrecipients in HE Cs may use match an eligible activities described under § 578.71,. General operations. Recipients of grant funds must provide housing or services that comply with all applicable State and local housing codes, licensing requirements, and any other requirements in the project's jurisdiction. In addition, this interim rule clarifies that recipients must abide by housing quality. standards and. ,. suitable dwelling size. Recipients must also assess supportive services on an ongoing basis, have residential supervision, and provide for participation ofhomeless individuals as required under section 426(g) of the McKinney-Vento Act. . Specific•request for comment. With respectto housing quality standards, HUD includes in this rule the longstanding requirement from the Shelter Plus Care program that recipients or subrecipients, prior to providing assistance on behalf of a program participant, must physically inspect each Unit to assure that the unit meets housing quality standards. This requirement is designed to ensure that program participants are placed in housing tt is suitable for living. Additionally, these requirements are consistent with HUD's physical . inspection requirements in its other . mainstream rental assistance programs. Notwithstanding that this is a longstanding requirement, HUD welcomes comment on alternatives to inspection of each unit that may be less burdensome but ensure that the housing provided to a program participant is decent, safe, and sanitary. Under Section 578.75, General Operations, subsection (h), entitled "Supportive Service Agreements," states that recipients and subrecipients may require program participants to take part in supportive services so long as they are not disability related services, provided through the project as a condition of continued participation in the program. Examples of disability - related services include, but are not limited to, mental health services, outpatient hearth services, and provision of medication, which are - provided to a person with a disability to address a condition caused by the disability. This provision further states that if the purpose of the project is to provide substance abuse treatment services, recipients and'subrecipients may require program participants to take part in such services as a condition of continued participation in the program. For example, if a Continuum of Care recipient operates a transitional housing program with substance abuse treatment 4543 6. Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations services, the recipient may require program participants to participate in those services, By contrast, in a program that offers services but whose purpose is not substance abuse treatment, a • recipient may not require a person who is an alcoholic, for example, to sign a supportive service agreement at initial occupancy stating that he or she will participate in substance abuse treatment send cee as a. G911d1#igA 9f DGGidp Cy, All program participants must, however, meet all terms and conditions of tenancy, including lease requirements. If, as a result of a person's behavior stemming from substance use, a person violates the terms of the lease, a recipient may consider requiring participation in services or any other action necessary in order for such a person to successfully meet the ' requirements of tenancy. Finally, the interim rule clarifies that in units where the qualifying member of the household has died, or has been 'incarcerated or institutionalized for more than 90 days, assistance may continue until the expiration of the lease in effect at the time of the qualifying member's death, incarceration, or institutionalization. Displacement, relocation, and acquisition. All recipients must ensure that they have taken all reasonable steps to minimise the displacement of persons as a result of projects assisted under this part- This section of the interim rule is substantially revised from the previous programs to increase clarity and comprehension of the directions to recipients and . subrecipients in the use of grant funds: - Timeliness standards_ Recipients must initiate approved activities and projects promptly, Recipients of funds for rehabilitation and new construction must begin construction activities . within 9 months of the signing of the grant, and such activities must be completed within 24 months. HUD is provirlin g these requirements to assist commvmities in meeting the obligation and expenditure deadline historically imposed by the annual HUD appropriations act. HUI) may reduce a grant term to a term of one year if implementation delays reduce the • amount of funds that can be used during participate fully in social service faith -based regulations of ether federal the original grant term, programs supported with federal agencies. However, HIM has revised its Limitation on use of funds, Recipients financial assistance without impairing regulatory provisions governing faith - of funds provided under this part must • their independence, autonomy, based activities to incorporate the ' abide by any limitations that apply to expression outside the programs in principles of Executive Order 13559 the use of such funds, such as use of . question, or religious character. pertaining to equal treatment of program funds for explicitly religious activities. With respect to program beneficiaries, beneficiaries and to adapt tanninology, The limitation on use of funds also the Executive Order states that such as "explicitly religious" and "overt addresses limitation on uses where organizations, in providing services religious activities may be concerned. It supported in whole or in part with 'The report is available at http:l/ is HUD's position that faith -based federal financial assistance, and in their uuw•xhitehouse.gov/sites/defoult/files/uploads/ organizations are able to compete for outreacb. activities related to such final faithbasedworJdnggrouprepartpdf. HUD funds and participate in UD services, should not be allowed to programs on an equal footing with other discriminate against current or organizations; that no group of prospective program beneficiaries on applicants competing. for HUD funds the basis of religion, a religious belief, should be subject, as a matter of a refusal to hold a religious belief, or a discretion, to greater or fewer refusal to attend or participate in a requirements than other organizations religious practice. The Executive Order solely because of their religious directs that organizations that engage in character or affiliation, or, alternatively, explicitly religious activities (including the absence of religious character or activities that involve overt religious affiliation, HUD'? general principles_ content such as worship, religious regarding the equal participation of such instruction, or proselytization) must organizations in its programs are perform such activities and offer such codified at 24 CFR 5.109. Program- services outside of programs that are specific requirements governing faith- supported with direct federal financial based activities are codified in the ' assistance (including through prime regulations for the individual HUD awards or subawards), separately in. programs. (See, for example, 24 CFR time or location from any such programs 574.300(c), 24 CFR 582.115(c), and 24 or services supported with direct federal CFR 583.150(b).) financial assistance, and participation in HUD's equal participation regulations any such explicitly religious activities were prompted by Executive Order must be voluntary for the beneficiaries 13279, Equal Protection of the Laws for of the social service program supported. Faith -Based and Community with such federal financial assistance. Orgill issued by President Bush Far purposes of greater clarity and on December 12, 2002, and published in comprehensibility, the Executive Order the Federal Register on December 16, uses the term "explicitly religious' in 2002 (67 FR 77141). Executive Order lieu of "inherently religious." The 13279 set forth principles and F cecutive Order further directs that if a policymaldng criteria to guide federal beneficiary or prospective beneficiary of agencies in ensnaring the equal a social service program supported by protection of the laws for faith -based federal financial assistance objects. to and community organizations. the religious character of an Executive Order 13279 was amended by orgeni nation that provides services Executive Order 13559 (Fundamental under the program, that organization •Principles andPolicymalting Criteria for shall, within a reasonable time after the Partnerships With Faith -Based and - date of the objection, refer the Other Neighborhood Organizations), beneficiary to an alternative provider. issued by President Obama on Executive Order 13559 provides for November 17, 2010, and published in the establishment of an Interagency the Federal Register on November 22, Working Group on Faith -Based and 2010. (75 FR 71319). Other Neighborhood Partnerships Executive Order 13559 expands on (Working Group) to review and evaluate the equal participation principles existing regulations, guidance provided in. Executive Order 13279 to documents, and policies, and directs the strengthen the capacity of faith -based. pi,(3 to issue guidance to agencies on and other neighborhood organizations to „niform implementation following . deliver services effectively and ensure receipt of the Worldng Group's report. the equal treatment of program On April 27, 2012, the Working Group beneficiaries. Executive Order 13559 issued its report, recommenrling a reiterates a key principle underlying model set of regulations and guidance participation of faith -based for agencies to adopt', organizations in federally funded HUD intends to wait for OMB activities and that is that faith based guidance before initiating any organizations be eligible to compete for rulemalcing directed to broader changes federal financial assistance used to to HUD's existing faith -based support social service programs and to regulations, to ensure consistency with Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations " 45437 religious content," that offers greater clarity to the limitations placed on faith - based organizations when using federal funds for their supportive services, Additionally, HUD is putting in place through this rulemaldng the provision of Executive Order 13559 that directs the referral to alternative providers. Executive Order 13559 provides that if a beneficiary or prospective beneficiary of a sociil.sezvi.ce.program supported by federal financial assistance objects to the religious character of an organization that provides services under the program, that organization shall, within a reasonable time frame after the date of the objection, refer the beneficiary to an alternative proVider. While HUD will benefit from OMB guidance an other provisions of the Executive Order, specifically those which the Worldng Group is charged to provide recommendations, the "referral" provision of the Executive Order is one that HUD. believes it can immediately put in place. HUD may, following receipt of public comment and further consideration of This issue, revise how recipients and subrecipients document the referral to other providers when beneficiaries may assert objections to the original provider. For now, HUD is requiring that any objections and any referrals be docnrrnented in accordance with the recordkeeping provisions of § 578:013. This section of the interim rule also contains limitations on the types of eligible assistance that may not be combined in a single structure or housing unit. As the Continuum of Care substantially increases the types of assistance that maybe combined in a project from previous programs, HUD has established standards in this section to provide recipients with clarity about the types 'of activities that may not be carried out in a single structure or housing unit. Termination of assistance. The interim rule provides that a recipient may terminate assistance to a participant who violates program requirements or conditions of occupancy. The recipient must provide a formal process that recognizes the due process of law. Recipients may resume assistance to a participant whose assistance has been terminated.. Recipients that are providing permanent supportive housing for hard - to -house populations ofhomeless persons must exercise judgment and examine all circumstances in determining whether termination is appropriate. Under this interim rule, HUD has determined that a participant's assistance should be terminated only in the most severe cases. HUD is carrying over this requirement from the Shelter Plus Care program. Fair Housing and Equal Opportunity requirements. The Continuum of Care, as well as its members and subrecipients, are required to comply with applicable civil rights laws. Section 578.93, addressing nondiscrimination and equal opportunity requirements, is provided to offer greater dlrection-t©-recipients and subrecipients on the use of grant funds. Section 578.93(a) states that the nondiscrimination and equal opportunity requirements set forth in 24 CF'R 5,105(a) apply. This includes, but is not limited to, the Fair Housi gAct, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 (Section 504), and title II: of the Americaris with Disabilities Act Section 578.93(b) explains when recipients and subrecipients may exclusively serve a particular subpopulation in transitional or permanent honsing, As part of these requirements, recipients must also administer programs and activities receiving federal financial assistance in the most integrated setting appropriate to the needs of qualified individuals with disabilities. This "integration. mandate" requires that HUD -funded 'programs or activities enable individuals with disabilities to interact with nondisabled persons to the fullest extent possible. In reviewing requests for funding through the Continuum cf Care NOFA, HUD willbe considering each recipient's proposals to provide integrated housing to individuals with. disabilities. • There are certain situations in which a recipient or subrecipient may limit housing to a specific subpopulation, so long as admission does not discriminate against any protected class, as well as instances where recipients or ' subrecipients may limit admission or provide a preference to certain . • subpopulations of homeless persons and families who need the specialised services provided in the housing. For example, § 578.93(b)(2) states that the housing maybe limited to homeless veterans, so long as admission is not denied based on.any membership in a protected class; e.g., homeless veterans with families must be admitted. Similarly, housing may be limited to domestic violence victims and their families or persons who are at risk of institutionalization, so long as admission is not denied based on any membership in a protected class, Section 578.93(b)(3) states that housing may be limited to families with. children. Section.578.93(b)(1) states that, in consideration of personal privacy, . }dousing may only be limited to a single sex when such housing consists of a single structurewith shared bedrooms or bathing facilities such that the considerations of personal privacy and the physical limitations of the configuration of the housing make it appropriate for the housing to be limited Further, §§ 578.93(b)(4) and (5) clearly outline instances when sex offenders or violent offenders may be excluded from housing, and when projects providing sober housing may exclude persons. HUD's Section 504 regulations permit housing funded under a particular program to be reserved for persons with a specific disability when a federal statute or executive order specifically authorizes such a limitation. Section 578.93 (b)(6) states that if the housing is assisted with funds under a federal program that. is limited by federal • statute or executive order to a specific subpopulation, the housing maybe limited to that s-ab opulation. ' Section 578.93(b)(7) provides clarification to recipients of funds under this part as to when a project can limit admission to a specific subpopulation of homeless individuals and. famiiiesbased. .on the service package offered in the project. To help recipients batter understand these requirements, the following paragraphs provide a detailed explanation of the regulatory provision, along with a few examples. Section 578,93(b).(7) states that recipients map limit admission to or provide a preference for the housing to subpopulations of homeless persons and families who need the specialised supportive services that are provided in the housing. The regulation contains the following examples: Substance abuse addiction treatment, domestic violence services, or a high -intensity package designed to meet the needs of l,ard-to- reach homeless persons, However, § 578.93(b)(7) further statesthatwhile the housing may offer services for a particular type of disability, no otherwise eligible individual with a disability, or family that includes an individual with a disability, who may benefit from the services provided may be excluded on the .groundsthat they do not have a particular disability. Below are general examples to offer guidance on this subsection. Please note that' these examples are nonexhaustive, but emphasize that the proper focus is on the services available as part of the Continuum of Care project as opposed to a person's category or subcategory of disability. While these general principles are offered to help clarify this 45438 Federal Register/Vol, 77, No, 147/Tuesday, July 31, 2012/Rules and Regulations section, a change in the factual scenario may change the analysis. One clarifying example is as follows. A private, nonprofit organization or a• local government applies for and receives a new grant under this part to provide project -based rental assistance and services, including case management, intensive therapy provided by a psychiatrist, and mediGettpn management. The zecipient, or subrecipient may establish a preference far individuals who are chronically hom.eless.'When filing an opening in the housing, the recipient or subrecipient may target chronically homeless individuals or farnili es,but if there are no such individuals or families either on a waiting list or applying for entrance to the program, the recipient or subrecipient cannot deny occupancy to individuals or families who apply for entrance into the program and who may benefit from the services provided. When filling a vacancy in the housing, the recipient or subrecipient, if presented with two otherwise eligible persons, one who is chronically homeless and one who is not, may give a preference to the chronically homeless individual. By comparison, § 578.93(b)(6) addresses situations -where Continuum of Care funds are combined. with HUD funding for housing that may be restricted to a specific disability. For example, if Continuum of Care funds for a specific project are combined with construction or rehabilitation funding for housing from the Housing Opportunities for People With ems program, the program may limit eligibility for the project to persons. with fit/ A mS and their families. An • individual or a family that includes an individual with a diseoility may be denied occupancy if the individual or at least one member of the family does not have HIV/AIDS. In another example, a private, nonprofit organization applies for and receives Continuum of Care funds from a local governmental entity to rehabilitate a five-imitbuilding, and provides. services includingassistance with daily liviu.g and mental health services. While the nonprofit organization intends to target and advertise the project as offering services recipients, subrecipients, and OF As Included along with these changes are for persons with developmental implement and administer their new or expanded requirements disabilities, an individual with a severe Continuum of Care planning process. regarding confidentiality, rights of, psychiatric disability who does not have Technical assistance will also improve access to records, record retention a developmental disability but who can the capacity to prepare applications, periods, and reporting requirements, benefit from these services cannot be and prevent the separation of families in Most significantly, to protect the safety denied. projects funded under the Emergency and privacy of all program participants, Section 578,93(e) incorporates the Solutions Grants, Continuum of Care, the Continuum of Care rule broadens "preventing involuntary family and Rural Housing Stability Assistance the program's confidentiality separation" requirement set forth in programs. Under this interim rule, requirements. The McKinney-Vento Act Section 404 of the McKinney -Veto Act technical assistance means the transfer requires only procedures to ensure the into this interim rule. This provision of skills and lmowledge to entities that clarifies, especially for projects where may need, but do not possess, such the current policy is to deny the- s1a.11s and lmowledge. The assistance admittance of a boy under the age of 18, may include written information, such that denying admittance to a project as papers, manuals, guides, and based on age and gender is no longer brochures; person -to -person exchanges; permissible. HUD encourages and training and related costs, Continuums of Care to use their Therefore, as needed, HUD may centralized or coordinated assessment advertise and competitively select systems to find appropriate shelter or providers to deliver technical llousing for families with male children assistance. HUD may enter into under the age of 18. contracts, grants, Olt ooOpa'Yat1V Specific request for comment. HUD agreements to implement the technical specifically seeks comments from assistance. HUD may also enter into Continuum of Care -funded recipients on agreements with other federal agencies this requirement. HUD invites ' when awarding technical assistance comments about the difficulty that funds, recipients are going to experience, if Rscordkeeping requirements. Grant • any, in implementing this requirement recipients under the Supportive In addition to comments about the Housing Program and the Shelter Plus difficulties, HUD invites communities Care program have always been required that have already implemented this to show compliance with regulations requirement locally to describe their through appropriate records, However, methods for use in HUD's technical the existing regulations are not specific assistance materials and for posting on about the records to be maintained. The the HUD Homeless Resource Exchange. interim rule for the Continuum of Care Other standards. In addition to the program elaborates upon the program requirements described in this recordkeeping requirements to provide preamble, the interim rule sets forth • sufficient notice and clarify the other program requirements by which documentation that HUD requires for all recipients of grant funds must abide. assessing compliance with the program These include a )imitation on the use of requirements. The recordkeeping grant funds to serve persons defined as requirements for documenting hora less homeless under other federal laws, status were published in the December ' conflicts of interest standards, and 5, 2011, Deining Homeless final rule. standards for identifying uses of Because these recordkeeping program income. requirements already went through a'50- Addiiionelly, recipients are required day comment period, HUD is not to follow other federal requirements seeldng further comment on these contained in this interim rule under requirements. Additionally, § 578.99. These include compliance recordl eeping requirements with with such federal requirements as the similar levels of specificity apply to Coastal Barriers Resources Act, OMB documentation of "at risk of Circulars, I-i-UD's Lead -Based Paint homelessness" and these requirements regulations, and audit requirements. can be found in § 576.500(c) of the The wording of these requirements has Emergency Solutions Grants program been substantially revised from previous interim rule published on December 5, programs, with the objective being to 2011. Because the documentation increase clarity and comprehension of requirements pertaining to "at risk df the directions to recipients and homelessness" were already subject to a subrecipients in the use of grant funds. 60-day public comment period, HUD is not seeking additional comment on Administration (Subpart G) these requirements. Further Technical assistance. The purpose of requirements are modeled after the technical assistance under the recordl:eeping requirements for the Continuum of Care program is to HOME Investment Partnerships Program increase the effectiveness with which (24 CFR 92.508) and other HUD Continuums of Care, eligible applicants, regulations. { Federal Register /Vol, 77, No. 147 ( Tuesday, July 31, 2012 / Rules and Regulations 45439 confidentiality of records pertaining to any individual provided family violence prevention or treatment services under this program. The interim. rule requires written procedures to ensure the security and confidentiality of all _ records containing personally identifying information of any individual or family who applies for and/or receives Continuum of Care assistance.__._ Grant and project ch anges. The interim rule provides that recipients of grants may not make any 'significant changes to use of grant funds without prior HUDapproval, evidenced by a grant amendment signed by HUD and the recipient. The interim rule provides separate standards for determining when a grant amendment is required for Continuums having only one recipient, including TJFAs, and Continuums having more than one recipient. Addit ionally; the interim rule provides contingencies that must be met before HUD will approve the grant amendment: These contingencies are necessary to ensure that recipients meet the capacity requirements established in the NOFA and to ensure that eliphle • persons within the geographic area are better served and, since the Continuum of Care program is a competitive program, that the priorities established under the NOFA continue to be met. Any changes to an approved grant or project that do not require a grant amendment, as set forth in this seob.on, must be fully documented in the recipient's or subreci.pient's records. Sanctions. The interim rule establishes sanctions based on existing regulations and strengthens the • enforcement procedures and array of remedial actions and sanctions for recipients and subrecipients of Continuum of Care funds. These revisions draw from the requirements at 24 CFR 85.13 and other HUD program regulations. Close-out. The interim rule provides that grants must be closed out at the end of their grant term if recipients are not seeking renewal. Section. 578.109 of this interim rule specifies the actions that must be taken after the closeout, including grantee submission of financial, final performance, or other reports required. by HUD within 90 days of the end_ of the grant term, Any unused fonds must be deobligated and returned to HUD. The interim rule stipulates, for grants seeking renewal, that failure to submit final performance reports, or other reports required by HUD within 90 days, may cause renewal funds to be witb.draw-n and grant funds expended • on the renewal grant to be repaid. III. Regulations for HUD Homeless Assistance Programs Existing Prior to Enactment of HEARTH Act Because grants are still being administered under the Shelter Plus Care program and the Supportive Housing program, the regulations for these programs in 24 CFR parts 582, and 583, respectively, will remain in the Code of Federal Regulations for the time being, When riu incite; br'Veiy'f9W' grants remain under these programs, HUD will remove the regulationsin these parts by a separate rule (if no . grants exist) or will replace them with; a savings clause, which will continue to Appropriations Act, under the account govern grant agreements executed prior • • for Homeless Assistance Grants, to the effective date of the HEARTH Act appropriates not less than $1.593 billion regulations. for the Continuum of Care and Rural IV. Conforming Regulations Housing Stability programs. While In addition to establisher the new many federal programs, including HUD regulations for the Continuum of Care programs, received a reduction in Continuum funding 1n the FY 2012 Appropriations program, HUD is amending the • procedures may be omitted, however, if HUD determines that, in a particular case er class e£ cases, notice and public comment procedure are "impracticable, unnecessary, or contrary to the public interest." (See 24 CFR 10.1.) In this case, HUD has determined that it would be contrary to the public interest to delay promulgation of the regulations for the Continuum of Care program:3 Congress has previded.... funding for this new program in the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L. 112- 55, approved November 18, 2011) (FY 2012 Appropriations Act). The FY 2012 follow•re gala itons, which reference Act, Congress increased funding for HUD's homeless assistance grants, the Shelter Plus Care Program and the including the Continuum of Care Supportive Housing Program, to include program. Additionally, the Conference reference to the Continuum of Care Report accompanying the FY 2012 program. These regulations axe the Appropriations Act (House Report 112- reg1.11-ations pertaining to: (1) Family . 284) states in relevant part, as follows; Income and Family Payment; "The conferees express concern that Occupancy Requirements for Section 8 HUD continued to implement pre - and Public Housing, Other HUD- HEARTH grant programs in FY 2011, Assisted Housing Serving Persons with due to a lack of regulations, The Disabilities, and Section. 8 Project -Based conferees direct HUD to publish crt least Assistance, the regulations for which are interim guidelines for the Emergency in 24 CFR part 5, subpart F, specifically, Solutions Grants and Continuum of Care § 5.601 (Purpose and Applicability), programs this fiscal, year and to paragraphs (d)• and (e) of this section; implement the new grant programs as § 5.603 (Definitions), specifically the soon as possible so that the updated definition of "Responsible Entity;" policies and practices in Hc",ARTH can 5 5.617 (Self-Snffi ciency incentives for begin to govern the delivery of homeless . Persons with Disabilities —Disallowance assistance funding." (See Conf. Rpt, at of Increase in Annual income), • page 319, Emphasis added.) Given this paragraph (a). of this section; (2) congressional direction, HUD is issuing Environmental Review Responsibilities this rule providing for regulations for for Entities Assuming HUD . the Continuum of Care program as an Environmental Responsibilities, the interim rule, Having interim regulations regulations for which are in 24 CFR part in place will allow HUD to move forward in making FY 2012 funds available to grantees, and avoid a significant delay that would result from issuance, first, of a proposed rule, As 58; specifically § 58.1 (Purpose and. Applicability), paragraph (b)(3) of this section; and (3) the Consolidated Submissions for Community Planning and Development Programs, the regulations for which are in 24 CFR part 91, specifically, 5 91.2 (Applicability), paragraph (b) of this section. V. Justification for Interim Rulemaking In accordance with its regulations on rulemaking at 24 CFR part 10, HUD generally publishes its rules for advance public comment.z Notice and public 2. The Administrative Procedure Act (5 U.S.C. Subchapter It) (APA), which governs federal rulemat-ing, provides in section 55a(a) that matters involving a military or foreign affairs function of the United States or a matter relating to federal agency management or personnel or to public property, loans, grants, benefits, or contracts are exempt from • the advance notice and public comment • requirement of sections 553 (b) and (c) of the APA. In its regulations in 24 CFR 101, HUD has waived the exemption for advance notice and public ' comment for matters that relate to public property, loans, grants, benefits, or contracts, and has committed to undertake notice and comment m1emaldng for these matters. 3 Although HUD's regulation in 24 CFR 1t1.1 provide thatHUD will involve public participation in its rulemal-ing, this regulation also provides that notice and public procedure will be omitted if 1tUD determines in a particular case or class of cases that notice and public procedure are impracticable, unnecessary, or contrary to the public interest „45440 Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012 f Rules and Regulations has been discussed in this preamble, the foundation for the Continuum of Care regulations is the criteria and requirements provided in NOFAs for the Continuum of Care Homeless Assistance Grants Competition program, which HUD has funded for more than 10 years. Through the Continuum of Care Homeless Assistance Grants Competition program, HUD provided funding for the -Supportive Housing. prograrrl, the Shelter Plus Care program, and the Section 8 Moderate . Rehabilitation Single Room Occupancy program. The HEARTH Act consolidated these three competitive programs into the statutorily established Continuum of Care program, which was established as a single grant program. Interim regulations will provide certainty with respect to funding requirements and eligible expenditures for FY 2012, and the public comment solicited through this interim rule will help inform the public procedures that HUD is contemplating in its regulations in 24 CFR part 10, and this public comment, in turn, will inform the final rule that will follow this interim rule and govern the funding years following FY 2012. For the reasons stated above, HUD is issuing this rule to take immediate effect, but welcomes all comments on this interim rule and all comments will be taken into consideration in the development of the final rule. VL Finn in gs and Certifications Regulatory Rev eW —Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a program to date. Given the transrt3 on economic impact on a substantial determination must be made whether a from administrative opera -Eon -of the number of small entities. This rule regulatory action is significant and, Continuum of Care progrem to statutory solely addresses the allocaios and use therefore, subject to review by the Office operation of the Continuum of Care. ofgrant funds under the new of Management and Budget (OMB) in program, this interim rule would also ofnfunds under thomeless accordance with the requirements of the have no discernible impact upon the assistance programs, as consolidated regulatory action, as provided under section 3(f)(1) of the Executive Order). As has been discussed in this preamble, this interim rule establishes the regulations for the Continuum of Care program, which is the HEARTH Act's codification of HUD's long- standing Continuum of Care planning process. The HEARTH Act not only codified in law the planning system known as Continuum of Care, but consolidate' d'the three existing competitive homeless assistance grant. programs (Supportive Housing, Shelter Plus Care, and Single Room Occupancy) into the single grant program known as the Continuum of Care program. As discussed. in the preceding section of the preamble, HUD funded these three programs for more than 10 years • through a NQFA, which. was titled the Continual of Care Homeless Assistance Grants Competition Program. However, the funding of the three competitive grant programs, although done through a single NOFA, delineated the different statutes and regulations that governed each. of the three programs (see, for example, HUD's 2008 Continuum of Care NOFA at 73 FR 396450, specifically page 39845). In consolidating these three competitive programs into a single grant program, accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 'The Finding of No Significant Impact is available for public inspection between the hours of 8 am. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the FONSI by calling the Regulations Division at 202- 708-3055 (this is not a toll -free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Relay Service at 800-877-8339. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (Ul ) establishes requirements for federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and on the private sector. This interim rule does not impose a federal mandate on any State, local, or tribal government, or on the private sector, within the meaning of order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are "outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens 'and. maintain flexibility and freedom of choice for the public. This rule was Environmental determined to be a. "significant of Impact Significant act regulatory action," as defined in section A Finding gn p 3(f) of Executive Order 12866 (although (FONSI) with respect to the not an economically significant environment has been made in the HEARTH Act achieves the UMRA administrative efficiency that HUD strived to achieve to the extent possible, Regulatory Flexibility Act • through its administrative establishment The Regulatory Flexibility Act (5 .of the Continuum of Care planning process. To the extent permitted by the U.S.C. to et eg..S.C. 601 et seq.t a) generally requires an • d3ART H Act and where feasible, the agencyregulatory regulations build -in flexibility for flexibility analysis of any rule subject to notice and comment ru.lemaking grantees, based . experience in re ements, unless the agency certifies enti administering the Continuum of Care that the rule will not have a significant economy. and amendedthe HEARTH Act. As The docket file is available for public by inspection in the Regulations Division, discussed in the preamble, the majority Office of the•C-eneral Counsel, Room of the regulatory provisions proposedby 10276, 451 7th Street SW., Washington, this rule track the regulatory provisions DC 20410-0500. Due to security of the Continuum of Care program., with measures at the HUD Headquarters which. prospective recipients of the building, please schedule an Supportive Housing program and the -appointment to review the docket file by Shelter Plus Care program are familiar. calling the Regulations Division at 202— Accordingly, the program requirements 708-3055 •(this is not a toll -free should raise minimal issues because ni,mber). Individuals with speech or applicants and grantees are familiar hearing impairments may access this with these requirements, and in ni,mber via TTY by calling the Federal response to HUD's solicitations to them Relay Service at 800-877-8339. on the burden of the requirements for the Supportive Housing program and the Shelter Plus Care program, grantees have not advised that such requirements are burdensome. Therefore, HUD has determined that this rule would not Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations ' 45441. hare a significant edonornic impact on a substantial number of small entities. Notwithstanding HUD's determination that this rule will not have a significant effect on a substantial number of small entities, HUD specifically invites comments regarding any less burdensome alternatives to tbtq rule that will meet HUD's objectives as described in this preamble, Exocutive Order: 13132, Federalism Executive Order 13132 (entitled "Federalism") prohibits an agency from publishing any rule. that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This final rule does not have federalism implications and does not impose . substantial direct compliance costs on State and local governments nor preempts State law within the meaning of the Executive Order. Paperwork.Reduction Act The information collection requirements contained in this interim REPORTING AND RECDRDKEEPING BURDEN rule have been submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In. accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless the collection displays a currently valid OMB control The burden of the information collections in this interim rule is' estimated as follows: Information Collection Number of respondents Response• frequency (average) Total annual responses Burden hours per response Total annual hours ' §578.5(a) Establishing the CoC §578.5(b) Establishing the Board § 576.7(a)(1) Hold CoC Meetings ............... ... .......... .........._ § 578.7(a)(2) Invitation for New Members § 578.7(a)(4) Appoint committees § 578.7(a)(5) Governance charter §578.7(a)(6) and (7) Monitor performance and evaluation 5578.7(a)(8) Centralized or coordinated assessment sys- tern § 578.7(a)(9) Written standards 3578,7(b) Designate HMIS 3 578.9 Application .for funds 3578.1.1(c) Develop CoC plan 3 578.21(c) Satisfying conditions 578.23 Executing grant agreements § 578.35(b) Appeal -solo § 578.35(c) Appeal -denied or decreased funding § 578.35(d) Appeal ---competing CoC §578.35(e) Appeal -Consolidated Plan certification 578.49(a)-Leasing exceptions §579_65 HPC Standards i578.75(a)(1) State and local requirements -appropriate service provision i 578.75(a)(1) State and local requirements -housing codes • 1578.75(b) Housing quality standards 578.75(b) Suitable dwelling size 1578.75(c) Meals 3578.75(e) Ongoing assessment of supportive services §578,75(f) Residential supervision 578.75(g) Participation of homeless individuals - 578.75(h) Supportive service agreements § 578.77(a) Signed leases/occupancy agreements § 578,77(b) Calculating occupancy charges § 578.77(c) Calculating rent .,,.„ § 578.81(a) Use restriction § 578.91(a) Termination of assistance - § 578:91 (b) Due. p rocess for termination of assistance §578:95(d)--Conflict-of-Interest exceptions § 578.103(a)(3) Documenting homelessness §578.103(a)(4) Documenting at risk of homelessness § 578.103(a)(5) Documenting imminent threat of harm .. §578.103(a.)(7) Documenting program participant records § 578.103(a)(7) Documenting case management §578,103(a)(13) Documenting faith -based activities §57B.103(b) Confidentiality procedures §578.105(a.) Grant/project changes-UFAs §578.105(b) Grant/project changes -multiple project appli- cants .... _• Total 450 450 450 . 450 450 450 450 450 450 450 - 450 450 6,000 8,000 10 15 10 5 5 . 20 7,000 20 72,800 72,800 70,720 ' 8,000 6,600 . 11,500 3,000 104,000 1,840 2,000 20 400 4,500 10 , 300,000 10,000 200 350,000 8,000 8,000 11,500 20 800. 1 1 2 1 2 .1 4 - 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 2 1 1 3 1 100 2 200 200 1 1 1 1 1 1 1 6 12 . 1 . 1 2 1 • 450 450 900 450 900 450 450 450 450 450 450 450 8,000 • 8,000 10 15 10 5 5 20 7,000 20 145,600 145,500 70,720 8,000 19,800 11,500 30,000 208,000 368,000 400,000 20 400 4,500 10 300,000 10,000 200 2,100,000 96,000 8,000 11,500 40 800 .• 6.0 5.0 4.0 1.0 ' 0.5 ° 7.0 9.0 8.0 5.0 10.0 160.0 9.0 4.0 1.0 4.0 1.0 5.0 2,0 1.5 10.0 0.5 3.0 1.0 0.08 0.5 1.5 0.75 1.0 0.5 1.0 0.75 0.75 . 0,5 4.00 3,0 3,0 0.25 0.25 4.5 0.25 1.0 1.0 1.0 2,0 2.0 • 3,600 2,250 3,600 450 450 3,150 4,050 3,600 2,250 4,500 81,000 4,050 32,000 8,000 40 15 50 10 7.5 200 3,500 6D 145,60D 11,648 35,360 12,000 14,850 11,500 15,000 208,000 276,000 300,000 10 1,600 13,500 30 75,000 2,500 100 525,000 96,000 8,000 11,500 80 1,600 ... 1 1,921,710.5 „ 45442 Federal Register /Vol. 77, No. 147 /Tuesday,. July 31, 2012 /Rules and Regulations In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments from members of the public and affected agencies concerning this collection of information to: (_) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions HUD, including whether the information will have practical utility; (2) Evaluate the ar.ciirany of HUD's. estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the -burden of the collection of information on those who are to respond, including through the use of appropriate automated collection terl,niques or other forms of information technology; e.g., permitting electronic submission of responses. Interested persons are invited to submit comments regarding the information collection requirements in this rule. Comments must refer to the proposal by name and docket n„Tuber VR-5475-I-01) End be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Fax: (202) 395- 6947, and Reports Liaison Officer, Office of the Assistant Secretary for Community Planning and Development, Department of Housing and Urban Development, 451 Seventh. Street SW., Room 7233, Washington, DC 20410- 7000. Interested persons may submit comments regarding the information collection requirements electronically through'the Federal eRulemaldn.g Portal at ha[J,://wwv,r.reguicrbons.gov. HUD strongly encourages commenters to 578.49 Leasing. submit comments electronically. 578.51 Rental assistance. Electronic submission of comments 578.53 Supportive services. 578.55 Operating costs. allows the commenter maximum time to 578.57 Homeless Management Information prepare and submit a comment, ensures' System. timely receipt by HUD, and enables HUD to make them immediately available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. List of Subjects in 24 CFR Part 578 Community facilities, Continuum of Care, Emergency solutions grants, Grant programs -housing and community development, Grant program -social programs, Homeless, Rural housing, Reporting and record2.eeping requirements, Supportive housing programs- housing and community 5 development, Supportive services. 5 Accordingly, for the reasons described in the preamble, HUD adds part 578 to 5 subchapter C of chapter V of subtitle B of 24 CFR to read as follows: • PART 578-CONTINUUM OF CARE PROGRAM , Subpart A -General Provisions Set. 578.1 Purpose and scope. 578.3 Definitions. Subpart 8-Establishing and Operating a Continuum of Care • 578.5 Establishing the Continuum of Care. 578.7 Responsibilities of the Continuum of Cara. 578.9 Preparing an application for funds, 578.11 Unified Funding Agency. 578,13 Remedial action. Subpart C-Application and Grant Award Process 578.15 Eligible applicants. 578.17 Overview of application and grant award process. 578.19 Application process. 578.21 Awarding funds. 578.23 EvPcuting grant agreements. 578.25 Site control 578.27 Consolidated plan. 578.29 Subsidy layering. 5 78.31 Environmental review. 578.33 Renewals.. 578,35 Appeal Subpart D-Program Components and Eligible Costs 578.37 Program components and uses of assistance. 578.39 Continuum of Care planning activities. • 578.41 Unified Funding Agency costs. 578.43 Acquisition. 578.45 Rehabilitation. 578.47 New construction. 578.53 Project administrative costs. • 578.61 Relocation costs. 578.63 Indirect costs. SubpartE-High-Performing Communities 578.65 Standards. 578.67 Publication of application. 578.69 Cooperation among entities. 578.71 HPC-eligible activities, Subpart F-Program Requirements 578.73 Matching requirements. 78.87 Limitation on use of funds. 7e,89 Limitation on use of grant funds to serve persons defined as homeless under other federal laws. 78.91 Termination of assistance to program participants. 578.93 Fair Housing and Equal Opportunity, 578.95 Conflicts of interest 578.97 Program income. • 578.99 Applicability of other federal requirements. 5ubparf G -Gftrt Administration 578.1D1 Technical assistance. 578.103 Recordceepingrequirements. 578.105 Grant and project changes. 578,107 Sanctions. 578,109 Closeout Authority: 42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d), Subpart A -General Provisions § 578.1 Purpose and scope. (a) The Continuum of Care program is authorized by subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381-11389), (b) The program is designed to: (1) Promote community -wide • commiement to the goal of ending homelessness; (2) Provide funding for efforts by nonprofit providers, States, and local governments to quickly rehouse homeless individuals (including unaccompanied youth) and families, while rninimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; (3) Promote access to 'and effective . utilization of mainstream programs by homeless individuals and families; and (4) Optirli7e self-sufficiency among individuals and families experiencing homelessness. 578.3 Definitions. As used in this part: Act means the McKinney-Vento Homeless Assistance Act as amended (42 U.S.C. 113 71 et seq.). Annual renewal amount means the amount thht a grant can be avrarded on an annual basis when renewed, It includes funds only for those eligible activities (operating, supportive services, leasing, rental assistance, HMIS, and administration) that were funded in theoriginal grant (or the original grant as amended), less the Tinrenewable activities (acquisition, new 578.75 General operations. construction., rehabilitation, and any 578.77 Calculating occupancy charges and administrative costs related to these rent, activities). 576.79 T imitation on transitional housing, Appli cant means en eligible applicant 578.81 Terse of cbmmitment, repayment of that has been designatedby the grants, and prevention of undue benefits. Continuum of Care to apply for acquisition. 578.83 Displacement, relocation, and assistance under this part on behalf of acquisition. 578.65 Timeliness standards. that Continuum. Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 45443 At risk of homelessness. (1) An individual or family who: (i) Has an annual income below 30 percent of median family income for the area, as determined by HUD; (ii) Does not have sufficient resources or support networks, e.g., family, friends,. faith -based or other social networks, immediately available to prevent them from moving to an emergency shelter or another place described zii p iragraph•(1). of the "Homeless" definition in this section; and • (iii) Meets one. of the following conditions: (A) Has moved because of economic reasons two or more times 'during the 60 days immediately preceding the application for homelessness prevention assistance; (B) Is living in the home of another because of economic hardship;. (C) Has been notified in writing that their right to occupy their current housing or living situation will be terminated within'21 days of the date of application for assistance; (D) Lives in a. hotel or motel and the cost of the hotel or motel stay is not paid by charitable organizations or by federal, State, or local government programs for low-income individuals; • (E) Lives in a single -room occupancy or efficiency apartment unit in which there reside more than two persons, or lives in a larger housing unit in which there reside more than 1.5 people per room, as defined by the U.S. Census Bureau; (F) Is exiting a publicly funded institution, or system of care (such as a health-care facility, a mental health facility, foster care or other youth. facility, or correction program or institution); or (G) Otherwise Jives in housing that has characteristics assorsated with. instability and aia increased risk of homelessness, as identified in the recipient's approved consolidated plan; (2) A chile or youth who does not qualify as "homeless" under this section, but qualifies as "homeless" under section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), section 637(11) of the Head. Start Act (42 U.S.C: 9832(11)), section 41403 (6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043 e- 2(6)), section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(li)(5)(A)), section 3(m) of the Food and Nutrition Act of 2008 (7 U,S.C. 2012(na)), or section 17(b)(15) of the Child Nutrition. Act of 1966 (42 U.S.C. 1786(b)(15)); •or (3) A clil.d or youth who does not qualify as "homeless" under this section, but qualifies as "homeless" under section 725(2) of the McKin.ney- \Tento Homeless Assistance Act (42 U.S.C, 11434a(2)), and the parent(s) or guardian(s) of that child or youth if living with her or him. Centralized or coordinated assessment system means a centralized or coordinatedprocess designed to coordinate program participant intake assessment and provision cf referrals. A. centralized or coordinated assessment system covers the geographic area, is, . easily accessed by individuals and . families seeking housing or services, is well advertized, and includes a ' comprehensive and standardized assessment tool. • Chronically homeless. (1) An individual who: (i) Is homeless and lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and (ii) Has been homeless and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously for at least one year or on at least four separate occasions in the last 3 years; and (iii) Can be diagnosed with one or more of the following conditions: substance use disorder, serious mental illness, developmental disability (as defined in section 102 of the • Developmental Disabilities Assistance Bill of Rights Aot of 200o (42 U.S.C. 15002)), post -traumatic stress disorder, cognitive impairments resulting from brain injury, or chronic physical illness or disability; (2) An individual who has been . residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days, and met all of the criteria in paragraph (1) of this definition, before entering that facility; or (3) A family with an adult head of household (or if there is no adult in the family, a minor head of household) who meets all of the criteria in paragraph (1) of this definition, including afamily whose composition has fluctuated while the head of household has been homeless. Collaborative applicant means the eligible applicant that has been designated by the Continuum of Care to apply fora grant for Continuum of Care planning funds Under this part on behalf of the Continuum. Consolidated plan means the HUD - approved plan developed in accordance with Z4CFR 91. Continuum of Care and Continuum means the group organized to carry out the responsibilities required under this • part and that is composed of representatives of organizations, including nonprofit homeless providers, victim service providers, faith -based organizations, governments, businesses; advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizAtians that serve homeless and formerly homeless veterans, and homeless and formerly homeless persons to the extent these groups are represented within the geographic area and are available to participate. Developmentol disabiiitymeans, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15D02): (1) A severe, chronic disability of ad individual that— (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Is msnifestedbefcre 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. (v) Reflects the individuars need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance thatare 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 these criteria later in. life. Eligible applicant means a private nonprofit organisation, State, local government, or instrumentality of State. and local government. Emergency shelter is defined in 24 CFR part 576. Emergency Solutions Grants (ESG) means the grants provided under 24 CFR part 576. residence, meaning: (i) Ai 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 low- income individuals); or (iii) An individual who is exiting an institution where he or she resided. for 90 days or less end who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution; (2) An individual or family who will (ii) Have not had a lease, ownership Point -in -time count means a count of interest, or occupancy agreement in sheltered and unsheltered homeless permanent housingat any time during persons carried out on one night in the the 60 days immediately preceding the last 10 calendar days of January or at date of application for homeless such other time as required by HUD. assistance; Private nonprofit organization means (iii) Have experienced persistent an organization: instability as measured by two moves or (1) No part of the net earnings of 45444 Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012/Rules and Regulations Fair Market Rent (FMR) means the Fair Market Rents published in the Federal Register annually by HUD. High -performing cornmunii3r (I-1PC) means a Continuum of Care that meets the standards in subpart E of this part and has been designated as a high• performing con-mnnityby HUD, Homeless means: more during the 60-day period which inure to the benefit of any (1) An individual or family who lacks immediately preceding the date of member, founder, contributor, or a.fiii.ed, regular,.and 2c{equate nighttime _.appl3 g for homeless assistance; and individual; (ill Can be e3.pected to -continue in (2) That -has a;voluntary-boardt- such status for an extended period of (3) That has a functionw.g accounting tirne because of chronic disabilities; system that is operated in accordance chronic physical health or mental health with generally accepted accounting conditions; substance addiction; , principles, or has designated a fiscal histories of domestic violence or agent that will maintain a functioning childhood abuse (including neglect); the accounting system for the organization presence of a child or youth with a in accordance with generally accepted disability; or two or more barriers to accounting principles; and employment, which include the lack of (.4) That practices nondiscrimination a highschool degree or General in the provision of assistance. Education Development (GED), A private nonprofit organization does illiteracy, low English proficiency, a not include governmental organizations, history of incarceration or detention for • such as public housing agencies. criminal activity, and a history of Program participant means an unstable employment; or .individual (including an (4) Any individual or family who: unaccompanied youth) or family who is (i) Is fleeing, or is attempting to flee, assisted Continuum of Care domestic violence, dating violence, program sexual assault, stalking, or other Project means a. group of eligible dangerous or life -threatening conditions activities, such as HMIS costs, identified that relate to violence against the as a project in an application to HUD for individual or a family member, Continuum of Care funds and includes including a rhild, that has either taken a structure (or structures) that is (are) place within the individuals or family's acquired, rehabilitated, constructed, or primary nig' ttime residence or has leased with assistance provided under de the individual or family afraid to this part or with respect to which = imminently lose their primary nighttime en to their primary nighttime provides rental assistance or annual residence, provided that: residence; payments for operating costs, or (i) The primary nighttime residence (u) Has no other residence; and supportive services under this subtitle. will be lost within 14 days of the date (Hi) Lacks the resources or support Recipient means an applicant that of application for homeless assistance; networks, e.g., farnily, friends, and faith- signs a grant agreement with HUD. (iii) No subsequent residence has been based or othersocial networks, to obtain Safe haven means, for the purpose of identified.; and other permanent housing. defining chronically homeless, (iii) The individual or family lacks the• Homeless Management Information supportive housing that meets the resources or support networks, e.g., System (ICES) means the information following; • family, friends, faith -based or other system designated by the Continuum of (1) Serves hard to reach homeless social networks, needed to obtain other Care to comply with the HMIS persons with severe mental illness who requirements prescribed by HUD. ' came from the streets and have been rI NITS Lead means the .entity unwilling or unable to participate in designated by the Continuum of Care in supportive services; accordance with this part to operate the ((2)) Provides 24-hour residence for Continunm's HMIS on its behalf. eligible persons for an unspecified Permanent housing means period; comTnimity-based housing without a (3) Has an overnight capacity limited • designated length of stay, and includes to 25 or fewer persons; and 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: (i) Are defined as homeless under section 387 of th.e Runaway and Homeless Youth Act (42 U.S.C. 5732a), both permanent supportive housing and (4) Provides ow -demand services and section 637 of.the Head. Start Act (42 rapid rehousing. To be permanent referrals for the residents. U.S.C. 9832), section 41403 of the housing, the program participant must State means each of the 50 States, the Violence Against Women Act of 1994 be the tenant on a lease for a term of at District of Columbia, the , (42 U.S.C. 14043e-2), section. 33O(h) of least one year, which is renewable for Commonwealth of Puerto Rico, the Public Health Service Act (42 U.S.C. terms that are a minimum of one month American Samoa, Guam, the 254b(h)), section 3 of the Food and long, and is terminable only for cause. Commonwealth of the Northern Nutrition Act of 2008 (7 U.S,C. 2012), Permanent supportive housing means Marianas, and the Virgin Islands. section 17(b) of the Child Nutrition Act perinanenthousing in which supportive. Subrecipient means a private of 1965 (42 U.S.C. 1786(h)), or section services are provided to assist homeless nonprofit government,State, alocal State 725 of the McKinney-Vento Homeless persons with a disability to live go Ternnt,or that ros a AssistPnce Act (42 U.S.C. 11.434.a); independently. government Federal Register / Vol. •77,. No. 147 / Tuesday, July 31, 2012 /Rules and Regulations " 45445 subgrant from the recipient to carry out a project. Transitional housing means housing, where all program participants have signed' a lease or occupancy agreement, the purpose of which is to facilitate the movement of homeless individuals and families into permanent housing within 24 months or such longer period as HUD determines necessary. The -• program -participant -must have a lease — or occupancy agreement for a term of at least one month that ends in 24 months and cannot be extended. Unified Funding Agency (UFA) means an eligible applicant selected by the Continuum of Care to apply for a grant fox the entire Continuum, which has the capacity to carry out the duties in § 5 78.11(b), which is approved by HUD and to which HUD awards a grant.' Victim service provider means a private nonprofit organisation whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault, or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs, and other programs. Subpart B--Establishing and Operating a Continuum of Care §578.5 Establishing the Continuum of Care. (a) The Continuum of Care. Representatives from relevant organizations within a geographic area shall establish a Centinuurn of Care for the geographic area to carry out the duties of this part. Relevant organ; rations include nonprofit homeless assistance providers, victim service providers, faith -based organ;7aticns, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, and organizations that serve veterans and homeless and formerly homeless ' individuals. (b) The board, The Continuum of Care must establish a b oard to act on behalf of the Continuum using the process established as a requirement by § 578.7(a)(3) and must comply with the con fli ct-of-interest requirements at § 578.9 5 (b), The board must: (1) Be representative of the relevant organizations and of projects serving homeless subpopulations; and • (2) Include at least one homeless or formerly homeless individual. (c) Transition. Continuums of Care shall have 2 years after August 30, 2012 to comply with the requirements of paragraph (b) of this section. §578.7 Responsibilities of the Continuum of Care. (a) Operate the Continuum of Care. The Continuum of Care must: (1) Hold meetings of the full membership, with published agendas, at least semi-annually;. (2,) Make an invitation for new members to join publicly a a lade' within the geographic at least annually; (3) Adopt and follow a written process to select a board to act on behalf of the Continuum of Care. The process. must be reviewed, updated, and approved by the Continuum at least once every 5 years; . (4) Appoint additional committees, subcommittees, or workgroups; (5) In consultation with the collaborative applicant and the I-;MES Lead, develop, follow, and update ann„ally a governance charter, which will include all procedures and policies needed to comply with subpart B of this part and with HMIS requirements as prescribed by HUD; and a code of conduct and recusal process for the board, its chair(s), and any person acting on behalf of the board; (6) Consult with recipients and. subrecipients to establish performance targets appropriate for pop -illation and program type, monitor recipient and subrecipient performance, evaluate outcomes, and take action against poor performers; . (7) Evaluate outcomes .of projects funded under the Rmergency Solutions Grants program and the Continuum of Care program; and report to HUD; (8) In consultation with recipients of Emergency Solutions Grants program funds within the geographic area, establish and operate either a • centralized or coordinated assessment system that provides an initial, comprehensive assessment of the needs of individuals andfamilies for housing and services. The Continuum must develop a specific policy to guide the operation of the centralized or coordinated assessment system on how its system will address the needs of individuals and families who are fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking, but who are seeking shelter or services from nonvictim service providers. This system roust' comply with any requirements established by HUD by Notice. (9) In consultation with recipients of Emergency Solutions Grants program funds within the geographic area, establish and consistently follov, written standards for providing Continuum of Care assistance. At a minimum, these written standards must include: (i) Policies and procedures for evaluating individuals' and. families' ' eligibility for assistance under this part; (ii) Policies and procedures for determining and prioritizing which eligible individuals and families will receive transitional housing assistance; (iii) PpiJ. i and procedures ..for . . determining and prioritizing which eligible individuals and families will receive rapid rehousing assistance; (iv) Standards for determiningwhat percentage or mount of rent each program participantmust.pay while receiving rapid rehousing assistance; (v) Policies and procedures for determining and pricritizing which eligible individuals and families will receive permanent supportive housing assistance; and (vi) Where the Continuum is designated a high -performing coinmunity,'as described in subpart G of this part, policies and procedures set forth in 24 CFR 576.400(e)(3)(vi), (e)(3)(vii), (e)(3)(viii), and (e)(3)(ix).. (b) Designating and operating an IgMIS. The Continuum of Care must: (1) Designate a single Homeless Management information System (HMIS) for the geographic area; • (2) Designate an eligible applicant to manage the Continuum's HMIS, v,thich will lie loaown as the HIES Lead.; (3) Review, revise, and approve a privacy plan, security plan, and data quality plan for the HMIS. (4) Ensure consistent participation of recipients and subrectpients in the HMIS; and . (5) Ensure the HMIS is administered in compliance with requirements prescriSedby HUD. (c) Continuum of Care planning. The Continir rn must develop a plan that . includes; (1) Coordinating the implementation of a housing and service system within its geographic area that meets the needs . of the homeless individuals (including unaccompanied youth) and ffmilies..At a minimum, such system encompasses the following: (i) Outreach, engagement, and assessment; (ii) Shelter, housing, and supportive services; (iii) Prevention strategies. (2) P1a„ning for and conducting, at • least biennially, a point -in -time count of homeless persons within the geographic area that meets the following • requirements ' (i) Homeless persons who are living in a place not designed or ordinarily used as a regular sleeping accommodation for 454.46 Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations humans must be counted as unsheltered homeless persons. (ii) Persons living in emergency shelters and transitional housing. projects must be counted as sheltered homeless persons. (iii) Other requirements established by HUD by Notice. (3) Conducting an annual gaps analysis of th e homeless needs and Nriric5s avalleble 1Nithin the geographic area; (4) Provirring information required to complete the Consolidated Plan(s) within the Continuum's geographic area; (5) Consulting with State end local government Emergency Solutions Grants program recipients within the Continunen's geographic area on the plan for allocating Emergency Solutions Grants program funds and reporting on and evaluating the performance of Emergency Solutions Grants program recipients and subrecipients. § 576.9 Preparing an application for funds. (a) The Continuum must: (1) Design, operate, and follow a collaborative process for the development of applications and approve the submission of applications in response to a NOFA published by HUD under § 578.19 of this subpart; (2) Establish priorities for funding projects in the geographic area; (3) Determine iz one application for funding will be submitted for all projects within the geographic area or if more than one application will be submitted for the projects within the geographic area; (i) If more than one application will be submitted, designate an eligible applicant to be the collaborative applicant that will collect and combine the required application in formation from all applicants and for all projects within the geographic area that the Continuum has selected funding, The collaborative applicant.will also apply for Continuum of Care pknning activities. If the Continua1m is an eligible applicant, it may designate itself; (ii) If only one application will be submitted, that applicant will be the collaborative applicant and will collect and combine the required application information from all projects within the geographic area that the Cont nunm has selected for funding and apply for Continuum of Care planning activities; (b) The Continuum retains all of its Conti_nuem's geographic area; and responsibilities, even if it designates one (3) Accepting applications from other or more eligible applicants other than eligible applicants within the itself to apply for funds on behalf of the Continuu m's geographic area. Conti -minim, This includes approving (b) HUD must provide a 30-day prior the Continuum of Care application. written notice to the Continuum and its collaborative applicant and give them en opportunity to respond. Subpart C—Application and Grant Award Process §578,15 Eligible applicants. (a) Who may apply. Nonprofit organizations, States, local governments, and instrumentalities of State or local governments are eligible to apply for (b) Designation by the Continuum of Care. Eligible applicant(s) must have been designated by the Continuum of. Care to submit an application for grant funds under this part. The designation must state whether the Continuum is designating more than one applicant to apply for funds and, if it is, which applicant is being designated as the collaborative applicant. If the Continuum is designating only one applicant to apply for funds, the Continuum must designate that applicant to be the collaborative applicant. (c) Exclusion. For -profit entities are not eligible to apply for grants or to be subrecipients of grant funds. § 578.17 Overview of application and grant award process. (a) Formula. (1) After enactment of the annual appropriations act fox each fiscal year,and issuance of the NOFA, HUD will publish, on its Web site, the Preliminary Pro Rata Need (PPRN) assigned to metropolitan cities, urban counties, and all other counties. (2) HUD will apply the formula used to determine PPRN established in paragraph (a)(3) of this section, to the amount of funds being made available under the NOFA. That amount is calculated by: (i) Determining the total amount for the Continuum of Care competition in accordance with section 413 of the Act or as otherwise directed by the annual § 578.11 Unified Funding Agency. (a) Becoming a Unified Funding Agency. To become designated as the Unified Funding Agency (UFA) for a Continuum, a collaborative applicant must be selected by the Continuum to apply to HUD to be designated as the UFA for the Continuum. (b) Criteria for designating a UFA. HUD will consider these criteria when deciding-wliethe; to_des(g-late a collaborative applicant a UFA: (1) The Continuum of.Care it represents meets the requirements in § 578.7; (2) The collaborative applicant has • financial management systems that meet the standards set forth in 24 CFR BC 21 (for nonprofit organizations) and 24 CFR 85.20 (for States); (3) The collaborative applicant demonstrates the ability to monitor subrecipients; and (4) Such other criteria as HUD may establish by NOFA. (c) Requirernents. HUD -designated UFAs shall: (1) Apply to HUD for funding for all of the projects within the geographic area and enter into a grant agreement with HUD for the entire geographic area, (2) Enter into legally binding ,agreements with subrecipients, and receive and distribute funds to subrecipients for all projects within the geographic area. (3) Require subrecipients to establish fiscal control and accounting procedures as necessary to assure the proper disbursal of and accounting for federal funds in accordance withthe requirements of 24 'Rparts 84 and 85 and corresponding OMB circnlars. (4) Obtain approval of any proposed grant agreement amendments by the Continuum of Care before submitting a request for an amendment to HUD. § 578,13 Remedial action. (a) If HUD finds that the Continuum appropriations act; of Care for a geographic area does not (u) From the amount in paragraph meet the requirements of the Act or its (a)(2)(i) of this section, deducting the implementing regulations, or that there amount published in the NOFA as being is no Continuum for a geographic area, set aside to provide abonus to HUD may take remedial action to ensure geographic areas for activities that have fair distribution of grant fiends within proven to be effective in reducing the geographic area. Such measures may homelessness generally or for specific include: subpopulations listed in the NOFA er (1) Designating a replacement achieving homeless prevention and Continuum of Care for the geographic independent living goals established in • area; the NOFA and to meet policy priorities (2) Designating a replacement set in the NOFA; and collaborative applicant for the (iii) Deducting the amount of funding necessary for Continuum of Care planningactivities and UFA costs. (8) PPRN is calculated on the amount determined under paragraph (a)(2) of this section by using the following formula: Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations " 45447 (i) Two percent will be allocated among the four insular areas (American Samoa, Gamin, the Commonwealth of the Northern Marianas, and the Virgin Islands) on the basis of the ratio of the population of each insular area to the population of all insular areas: (il) Seventy-five percent of the remaining amount will be allocated, using the Community Development Block Grant (CDBG) formula, to metropolitan cities and urban counties that have been funded under either the Emergency Shelter Grants or Emergency Solutions Grants programs in any one year since 2004. . (iii) The amount'remaining after the • allocation under paragraphs (a)(1) and (2) of this section will be allocated, using the CDBG formula, to meiropol..itan cities and urban counties that have not been funded under the Emergency Solutions Grants program in any year since 2004 and all other counties in the United States and Puerto Rico. (9) If the calculation in paragraph (a)(2) of this section results in an amount less than the amount required to renew all projects eligibly for renevral in that year for at least one year, after making adjustments proportional -to increases in fairmarket rents for the geographic area for leasing, operating, and rental assistance for permanent housing, HUD will reduce, proportionately, the total amount - ' required to renew all projects eligible for renewal in that year for at least one year, for each Continuum of Care. HUD will publish, via the NOFA, the total dollar amount that every Continuum will be required to deduct from renewal projects Continunn-i-wide. (b) Calcuiating a Continuum of Care's maximum award amount. (1) Establish • the PPRN amount. First, HUD will total the FPRN amounts for each metropolitan city, urban county,' other county, and insular area claimed by the Continurm'as part of its geographic area, exclurlin g any counties applying for or receiving funding from the Rural Housing Stability Assistance program under 24 CFR. p art 579. (2) Establishing renewal demand. Next, HUD will determne the renewal demand within the Continuuni's geographic area. Renewal demand is the sum of the annual renewal amounts of all project within the Continuum eligible to apply for renewal in that nscdl yeaa's competition, before any adjustments to rental assistance, leasing, and operating lire items based on FMR changes. (3) Establishing FERN, The higher of PPRN or renewal demand. for the Continuum of Care is the FPRN, which is the base for the maadmum award amount for the Continuum. • (4) Establishing the maximum award amount. The maximum award amount for the Continuum is the FPRN amount plus any additional eligible amounts for Continuum planning; UFA costs; adjustments to leasing, operating and rental assistance line items based on changes to FMR; and available bonuses. §'578;19 A)5j5I131aaMn Process.' (a) Notice of Funding Availability.. After enactment of the annual appropriationsact for the fiscal year, HUD will issue a NOFA in accordance. with the requirements of 24 CFR part 4. • (b) Applications. All applications to HUD, including applications for grant funds and requests for designation as a UFA or HPC, must be submitted at such time end in such manner as HUD may require, and contain such information as HUD determines necessary. At a minim -aim, an application for grant Rinds must contain a list of the :projects for which it is applying for funds; a description..of the projects;. a list of the projects that will be corned out by . subrecipients and the names of the subrecipients; a description of the subpopulaiions of homeless or et risk of homelessness to be served by projects; the number of units to be provided and/ or the number of persons to be served by each project; a budget request by project; and reasonable assurances that theapplicant, or the subrecipient, will own or have control of a site for the proposed project not later than the expiration of the 12-month period beginning upon notification of an award for grant assistance. g578.2i Awarding funds. . (a) Selection. HUD will review applications in accordance with the guidelines and procedures provided in the NOFA and. will award funds to recipients through a national competition based on selection criteria as defined in section 427 of the Act. (b) Announcement of awards. HUD will announce awards and notify selected applicants of any conditions imposed on awards. Conditions must be satisfied before HUD will execute a grant agreement with the applicant. (c) Satisfying conditions. HUD will withdraw an award if the applicant does not satisfy all conditions imposed on it. Correcting all issues and conditions attached to an award must be completed within the time frameestablished. in the NOFA. Proof of site control, match, environmental review, and the documentation of financial feasibility must be completed within 12 months of the announcement of the award, or 24 months in the case of funds far acquisition, rehabilitation, or new construction. The 12-month deadline may be extended by HUD for up to 12 additional months upon a showing of compelling reasons for delay due to factors beyond the control of the recipient or subrecipient. § 578.23 Executing grant agreements. (a)..Deadline, No later than,45 days_ from the date when all conditions are satisfied, the recipient and HUD must execute the grant agreement • (b). Grant agreements. (1) Multiple applicants for one Continuum. If a Continuum designates morethan one applicant fox the geographic area, HUD will enter into a grant agreement with each designated applicant for which an award is amlounced. (2) One applicant far a Continuum. If a Continuum designates only one applicant for the geographic area, after awarding funds, HUD may enter into a grant agreement with that applicant for new awards, if any, and one grant agreement for renewals, Continuum of Care planning, and UFA costs, if any. These two grants will cover the entire geographic area: A default by the recipient under one of those grant agreements will also be a default under the other. (3) Unified. Fundi-ngAgencies, If a Continuum is a UFA that HUD has approved, then HUD will enter into one grant agreement with the UFA far new awards, if any, and one grant agreement for renewals, Continuum of Care planning and UFA costs, if any. These two grants will cover the entire geographic area. A defaultby the UFA under one of those grant agreements will also be a default under the other. (c) Required agreements. Recipients. will be required to sign a grant agreement in which the recipient agrees: (1) To ensue the operation of the project(s) in accordance with the provisions of the McKinney -Veto Act and all requirements under 24 CFR part 578; • (2) To monitor and report the progress of the project(s) to the Continuum of Care and HUD; (3) To ensure, to the maximum extent practicable, that individuals and fsmilies experiencing homelessness are involved, through employment, provision of volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating facilities fox the project and in providing supportive services for the project; (4) To require certification from all subrecipients that: v45448 Federal Register / Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations (i) Subrecipients will maintain the confidentiality of records pertaining to any individual or faridly that was . provided family violence prevention or treatment services through the project; (ii) The address or location of any family violence project assisted under this part will not be made public, except with written authorization of the person responsible for the operation of such project; .. (iii) Subrecipients will establish policies and practices that are consistent with, and do not restrict, the exercise of rights provided by subtitle B of title VII of the Act and other laws relating to the provision of educational and related services to individuals and families experiencing homelessness; (i(iv) In the case of projects that provide housing or services to families, that • subrecipients will designate a staff person to be responsible for ensuring that children being served in the program are enrolled in school and connected to appropriate services in the community, including early childhood programs such as Head Start, part C of the Individuals with Disabilities Education Act, and programs authorized under subtitle B of title VL of the Act; (v) The subrecipient, its officers, and employees are not debarred or suspended from doing business with the Federal Government; and (vi) Subrecipients will provide information, such as data and reports, as required by HUD; and (5) To establish such fiscal control and accounting procedures as may be necessary to assure the proper disbursal of, and accounting for grant funds in order to ensure that all financial transactions are conducted, and records maintained in accordance with generally accepted accounting principles, if the recipient is a UFA; (6) To monitor subrecipient match and report on match to HUD; (7) To take the educational needs of chi ldren'into account when families are placed in housing and will, to the mad.mun+ extent practicable, place families with children as close as possible to their school of origin so as not to disrupt such children's education; (8) To monitor subrecipients at least annually; (9) To use the centralized or coordinated assessment system n established by the, Continuum of Care as liability company, the applicant or A. An applicant must submit set forth in.§ 5 78.7(a)(8). A victim • subrecipient must be the sole managing 'information in its applicati.on on other service provider may choose riot to use member, sources of governmental assistance that the Continuum of Care's centralized or (2) If grant funds are to be used for the applicant has received, or coordinated assessment system, acquisition, rehabilitation, or new reasonably expects to receive, for a provided that victim service providers construction,. the recipient or proposed project or activities. 1 IJTi's in the area use a centralized or subrecipient must maintain control of review of this information is intended to coordinated assessment system that the pal.tuersbip or corporation and roust prevent excessive public assistance for meets HUD's minimum requirements ensure that the project is operated in and the victim service provider uses compliance with law and regulation for that system instead; 15 years from the date of initial (10) To follow the written standards occupancy or initial service provision. for providing Continuum of Care The partnership or corporation must assistance developed by the Conti inm • own the project site throughout the 15- of Care, including the minimum year period, If grant funds were not used requirements set forth in § 578.7(a)(9); for acquisition, rehabilitation, or new (11) Enter into subrecipient construction, then the recipient or - agreements requiring subrecipients to subrecipient must maintain control for operate the project(s) in accordance the term of the grant agreement and any with the provisions of this Act and all renewals thereof: requirements under 24 CFR part 578; § 578.27 Consolidated plan. and (12) To comply with such other terms (a) States or units of general Iocat and conditions as HUD may establish by government. An applicant that is a State NOFA. or a unit of general local government must have a HUD -approved, complete • • § 578.25 Site control or abbreviated, consolidated plan in V (a) In general. When grant funds will accordance with 24 CFR part 91. The be used for acquisition, rehabilitation, applicant must submit a certification new construction, operating costs, or to that the application for funding is provide supportive services, the consistent with the HUD -approved recipient or subrecipient must consolidated plants) for the demonstrate that it has site control jurisdictibn(s) in which the proposed within the time frame established in project will be located. Funded section § 578.21 before HUD will applicants must certify in a grant execute a grant agreement. This agreement that they are following the requirement does not apply to funds HUD -approved consolidated plan. used for housing that will eventually be (b) Other applicants. Applicants that owned or controlled by the individn915 are not States or units of general local or families served m or for supportive governent must submit a certification services provided at sites not operated by the jurisdiction(s) in which the by the recipient or subrecipient, proposed project will be located thatthe (b) Evidence. Acceptable evidence of applicant's application for funding is site control is a deed or lease, If grant consistent with the jurisdiction's HUD - funds will be used for acquisition, approved consolidated plan. The acceptable evidence of site control vaill certi fication must be made by the irn t be a purchase agreement. The owner, of general local government or the State, lessee, and purchases shown on these in accordance with the consistency documents must be the selected .applicant or intended subrecipient identified in the application for assistance. consistency, the applicant may appeal (c) Tax credit projects. (1) Applicants to HUD under § 578.35. that plan to use the low-income housing (c) Timing of consolidated plan tax credit authorized under 26 U.S.C. 42 certification submissions. The required tb finance a project must prove to HUD's certification that the application for satisfaction that the applicant or funding is consistent with the HUD- subrecipient identified in the approved consolidated plan must be application is in control of the limited submitted by the funding application partnership or limited liability submission deadline announced in the corporation that has a deed or lease for NOFA. the project site. §578.29 Subsidylayering, (i) To have control of the limited HUD ma provide assistance under partnership, the applicant or y subrecipient must be the general partner this program only in accordance with of the limited partnership or have a 51 HUD subsidy layering requirements in section 102. of the Housing and urban percent controlling interest in that general partner.. Development Reform Act of 1989 (42 (') To have control of the limited U.S.C. 3545) and 24 CFRpart 4, subpart cart iication provisions under 24 CFR part 91, subpart F. If the jurisdiction refuses to provide a certification of Federal Register / Vo1. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations proposed project or. activities by combining (layering) assistance under this program with other governmental housing assistance from federal, State, or local agencies, including assistance such as tax concessions or tax credits. §578.31 Environmental review. (a) Activities under this part are subject to environmental review by -HTJD undar-24-CFR-par 5O:..The recipient or subrecipient shall supply all available, relevant information necessary for HUD to perform, for each property, any environmental review required by 24 CFR part 50. The recipient or subrecipient must carry out mitigating measures required by HUD or select an alternate eligible property. HUD may eliminate from consideration any application that would require an Environmental. Impact Statement. (b) The recipient or subrecipient, its project partners, and their contractors may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property fax a project under this part, or commit or expend HUD or local funds for such eligible activities under this part, until HUD has perzcrened an environmental review under 24 CFR part 50 and the recipient or subrecipient has received HUD approval of the property. § 578.33 Renewals. (a) In general. Awards made under thi a part and title 1V of the Act, as in effect before August 30, 2012 (the Supportive Housing Program and the Shelter Plus Care program), maybe renewed to continue ongoing leasing, operations, supportive services, rental assistance,HMlS, andarli-ministration • beyond the initial funding period.. To be considered for funding, recipients must submit a request in a form specified by . HUD, must meet the requirements of this part, and must submit the request within the time frame established by HUD. (b) Length of renewal. HUD may award up to 3 years of funds for supportive services, leasing,lileiLTS, and operating costs. Renewals of tenant- bas ed and sponsor -based rental - assistance may be for up to one year of rental assistance. Renewals of project - based rental assistance may be for up to 15 years of rental assistance, subject to availability of annual appropriations. (c) Assistance available. (1) Assistance during each year of a renewal period may be for; (i) Up to 100 percent of the amount for supportive services and I MtS costs in the final year of the prior funding period; (ii) Up to 100 percent of the amount for leasing and operating in the final year of the prior funrling period adjusted in proportion to changes in the FMRfor the geographic area; and (iii) For rental assistance, up to 100 percent of the result of multiplying the number and unit size(s) in the grant agreement by the number of months in the renewal grant term and the applicable-FMR. — — —_ (d) Review criteria. (1) Awards made under title IV of the Act, as in effect before August 30, 2012 are eligible for renewal in the Continuum of Care program even if the awardees would not.. be eligible for a new grant under the program, so long as they continue to serve the same.population and the same number of persons or units in the same type of housing as identified in their most recently amended' grant agreement signed before August 30; 2012, Grants will be renewed if HUD receives a certification from the Continuum that there is a demonstrated need for the project, and HUD finds that the project complied with program requirements applicable before August 30, 2012. For purposes of meeting the requirements of this part, a project will continue to be administered in accordance with 24 • CFR 582.330, if the project received funriing under the Shelter Plus Care program, or 24 CFR 583.325, if the project received funding under the Supportive Housing Program. (2) Renewal of awards made after August.30, 2012. Review criteria for competitively awarded renewals made after August 30, 2012 will be described in the NOFA. (e) Unsuccessful projects. HUD may renew a project that was eligible for renewal in the competition and was part of an application that was not funded . despite having been submitted on time, in the manner required by HUD, and containing the information requiredby HTJD, upon a finding that the project meets the purposes of the Continuum of Care program. The renewal will not exceed more than one year and will be under such conditions as HUD deems appropriate. (f) Annual Performance Report condition. HUD may terminate the renewal of any grant and require the recipient to repay the renewal grant if; (1) The recipient fails to timely submit a HUD Annual Performance Report (APR) for the grant year immediately prior to renewal; or (2) The recipient submits an APR that HUD deems unacceptable or shows noncompliance with the requirements of the grant and this part. 45449 §578.35 • Appeal. (a) In general. Failure to follow the procedures or meet the deadlines established in this section will result in denial of the appeal (b) Solo applicants. (1) Who may appeal. Nonprofits, States, and local governments, and instrumentalities of State or local governments that attempted to participate in the Cnntinuum. ref Care-p1 nning-pr-nness,iu the geographic area in which they operate, that believe they were denied the right to participate in a reasonable manner, and that submitted a solo application for funding by the application deariline. established in the NOFA, may appeal_ the decision of the Continuum to HUD. (2) Notice of intent to appeal. The solo applicant must submit a written notice of intent to appeal, with a copy to the Continuum, with their funding application. (3) Deadline for submitting proof. No later than 30 days after the date that HUD announces the awards, the.solo applicant shall submit in writing, with a copy to the Continuum, all relevant evidence suppordng its claim, in such manner as HUD may require by Notice. (4) Response from the Connuum of Care. The Continuum shall have 30 days from the date of its receipt of the solo applicant's evidence to respond to HtJD in writing and in such manner as HUD may require, with a, copy to the solo applicant. (5) Decision. HUD will notify the solo applicant end+he Continuum of its decision within 60 days of receipt of the Continuum's. response. (6) Funding. If HUD finds that the solo applicant was not permitted to participate in the Continuum of Care planning process in a reasonable manner, then HUD may award a grant to the solo applicant when funds next become available and may direct the Continuum of Care to take remedial steps to ensure reasonable participation in the future, HUD may also reduce the award to the Continuum's applicant(s). (c) Denied or decreased funding. (1) Who may, appeal. Eligible applicants that are denied fends by HUD, or that requested more funds than HUD awarded to them, may appeal the award by filing a written appeal, in such form and manner as HUD may'require by Notice, within 45 days of the date of HUD's announcement oldie award. (2) Decision. HUD will notify the applicant of its decision on the appeal within 60 days of HUD's re,ceipt of the written appeal. HUD will reverse a decision only when the applicant can show that HUD error caused the denial or decrease. ' 45450 Federal Register/Vol, 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3) Funding. Awards and increases to awards made upon appeal will be made from next available funds. (d) Competing Continuums of Care. (1) In general. If more than one Continuum of Care claims the same geographic area, HUD will award funds to the Continuum applicant(s) whose application(s) has the highest total score. No projects will be funded from the lower scoring Cnnfinuum. No— ---- projects.that are submitted in two or more competing Continuum of Cara applications wi ibe funded. . (2) Who may appeal. The designated applicant(s) for the lower scoring Continuum may appeal HUD's decision to fund the application(s) from the competing Continuum by filing a written appeal, in such form. and . manner as HUD may require by Notice, within 45 days of the date of HUD's announcement of the award. (3) Decision. HUD will notify the applicant(s) of its decision on the appeal within SO days of th.e date of HUD's receipt of the written appeal. HUD will reverse a decision only upon a showing by the applicant that HUD error caused the denial (e) Consolidated plan certification. (1) In general. An applicant may appeal to HUD a jurisdiction's refusal to provide a certification of consistency with the Consolidated Plan. (2) Procedure. The applicant must submit a written appeal with its application to HUD and send a copy of the appeal to the jurisdiction that denied the certification of consistency. The appeal must include, at a minim-nm• (i) A. copy of the applicant's request to the jurisdiction for the certification of consistency with the Consolidated Plan; (ii) A copy of the jurisdiction's response stating the reasons for denial, including the reasons the proposed project is not consistent with the jurisdiction's Consolidated Plan in accordance with 24 CFR 91.500(c); and (iii) A statement of the reasons why the applicant believes its project is consistent with the jurisdiction's Consolidated Plan. (3) jurisdiction response. The jurisdiction that refused to provide the certification of consistency with. the jurisdiction's Consolidated Plan shall have 10 days after receipt of a copy of the appeal to submit a written explanation of the reasons originally given for refusing to provide the certi-fication and a written rebuttal to any c1zims made by the .applicant in the appeal. (4) HUD review. (i) HUD will issue its decision within 45 days of the date of HUD's receipt of the }urisdiction's response. As pert of its review, HUD will consider: • (A) Whether the applicant submitted the request to the appropriate political jurisdiction; and •(B) The reasonableness of the jurisdiction's refusal to provide the certificate, - (ii) If the jurisdiction did not provide written reasons for refusal, including the reasons why the project.isnet.. consistent with the juisdiction's Consolidated Plan in its initial response to the applicant's request for a certification, HUD will find for the . applicant without further inquiry or response from the political jurisdiction. Subpart D—Program Components and Eligible Costs • §578.37 Program components and uses of assistance. • (a) Continuum of Care funds may be used to pay for the eligible costs listed in § 578.39 through § 578.63 when used to establish and operate projects under five program components: permanent housing; transitional housing; supportive services only; HekIS; and, in some cases, homelessness prevention. Although grant funds may be used by recipients and subrecipients in all components for the eligible costs of contributing data to the HMIS a homeless individual or family, with or without disabilities, move as quickly as possible into permanent housing and achieve stability in that housing, When, providing short-term and/or medium - term rental assistance to program participants, the rental assistance is subject to § 578,51(a)(1), but not § 578.51(a)(1)(i) and (ii); (a)(2); (c) and (f) through (i); and (1)(1). These projects: (A) lvfust,follow the written policies and procedures established by`the Continuum of Care for determining and prioritizing which eligible families and individuals will receive rapid rehousing assistance, as well as the amount or percentage of rent that each program participant must pay. (3) May set a mwmum amount or percentage of rental assistance that a program participant may receive, a maximum number of months that a program participant may receive rental assistance, and/or a maximum number of times that a program participant may receive rental assistance. The recipient or subrecipient may also require program participants to share in the costs of rent. For the purposes of calculating rant for rapid rehousing, the rent shall equal the sum of the total • monthly rent for the unit and, if the tenant pays separately for utilities, the monthly allowance for utilities (excluding telephone) established by the designated by the Continuum of Care, public housing authority for the area in only IfIS Leads may use grant funds which the housing is located.. for anH II.S component. Administrative (C) "limit rental assistance to no more cons are eligible for all components. All than 24 months to a household. components are subject to the (D) May provide supportive services restrictions on combining funds for - for no longer than 6 months after rental certain eligible activities in a single assistance stops. project found in § 5 78.87(c). The eligible (F) Must re-evaluate, not less than program components are: once annually, that the program (a) Permanent housing (PH). participant lacks sufficient resources Permanent housing is community -based and support networks necessary to housing, the purpose of which is to retain housing without Continuum of provide housing without a designated Care assistance and the types and • length of stay. Grant funds may be used amounts of assistance that the program for acquisition, rehabilitation, new participant needsto retain housing. The construction, leasing, rental assistance, recipient or subrecipient may require operating costs, and supportive services, each program participant receiving PH includes: assistance to notify the recipient or (i) Permanent supportive housing for subrecipient of changes in the program persons with disabilities (PSH). PSH can participant's income or other only provide assistance to individuals circumstances (e.g., changes in with disabilities and families in which household composition) that affect the one adult or child has a disability. program participant's need for Supportive services designed to meet assistance, When noti fi ed of a relevant the needs of the program participants change, the recipient or subrecipient must be made available to the program must reevaluate the program participants. _ participant's eligibility and the amount (ii.) Rapid rehousing. Continuum of and types of assistance that the program Care funds may provide supportive participant needs. services, as set forth in § 578.53, and/or (F) Require the program participanito short-term (up to 3 months) and/or meet with a case manager not less than medium -term (for 3 to 24 months) once per month to assist the program tenant -based rental assistance, as set participant in ensuring long-term forth in § 578.51(c), as necessary to help housing stability. The project is exempt Federal Register / Vol, 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations t 45.51 from this requirement if the Violence Against Women Act of 1994 (42 U.S.C. 13925 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits the recipient carrying out the project from malting its housing conditional on the participant's acceptance of services. (2J Transitional Housing (TH). Transitional housing facilitates the movementof-homelessindividuals and families, to PH within 24 months of entering TH. Grant funds may be used for acquisition, rehabilitation, new construction, leasing, rental assistance, operating.costs, and supportive services, (3) Supportive Service Only (SSO). Funds may beused for acquisition, rehabilitation, relocation costs, or leasing of a.facility from which supportive services v,rill be provided, and supportive services in order to provide supportive services to unsheltered and sheltered homeless persons for whom the recipient or subrecipient is not providing housing or housing assistance. SSO includes street outaach. (4) FhfIS. Funds may be used by Hh,IIS Leads to lease a structure in which the HMCS is operated or as operating funds to operate a structure in which the I-IMES is operated, and for other costs eligible in § 578.57. (5) Homelessness prevention. Funds may be used by recipients ir}. Continuums of Care -designated high - performing commis -pities for housing relocation and stabilization services, and short- and/or medium -term rental assistance, as described in 24 CFR •576.105 and 24 CFR 576,106, that are necessary to prevent an individual or fen i 1y from'becorn ir g homeless. (b) Uses of assistance. Funds are available to pay for the eligible costs listed in § 578.39 through § 578.63 when used to: (a) Establish new housing or new facilities to provide supportive services; (2) Expand existing housing and facilities in order to increase the member of homeless persons served; (3) Bring existing housing and. facilities into conipli.ance with State and local government.b.ealth and safety standards, as described in § 578,87; (4) Preserve existing permanent housing and facilities that provide supportive services; (5p}Provide supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; (6) Continue funding permanent housing when the recipient has received funding under this part for leasing, supportive services, operating costs, or rental assistance; (7) Establish and operate an HDviiS or comparable database; and (8) Establish and carry out a Continuum of Care planning process and operate a Continuum of Care. ' (c) RMulti'ple purposes. Structures used to provide housing, supportive housing, supportive services, or as a facility for HMIS activities may also be used for other purposes. However, assistance under this part will be -available -only in proportion tothe use of the structure for supportive housing or supportive 'services. If eligible and ineligible activities are carried out in separate portions of the same structure or in ' separate structures, grant funds may not. be used to pay for more than the actual cost of acquisition, construction, or rehabilitation of the portion of the structure or structures used for eligible activities. If eligible and ineligible activities are carried out in the same structure, the costs will be prorated based on theamount of time that the space is used for eligible versus ineligible activities. §578.39 Continuum of Care planning activities. (a) In general. Collaborative applicants may use up to 3 percent of their FPRN, or a ma- i e m amount to be established by the NOFA, for costs at (1) Designing and carrying out a collaborative process for the . • development of an application to HUD; (2) Evaluating the outcomes of projects for which Bends are awarded in the geographic areaunder the Continuum of Care and the Emergency Solutions Grants programs; and (3) Participating in the .consolidated plan(s) for the geographic area(s). (b) Continuum of Care planning • activities. Eligible planning costs include the costs of: • (1) Developing a oommu.nitywide or regionwide process involving the • coordination of nonprofit homeless, providers, victim service providers, faith based organisations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, orgeni7ati.ons that serve veterans, and homeless and formerly homeless individuals; (2) Determining the geographic area that the Continuum of Care will serve; (3) Developing a Continuum of Care system; (4) Evaluating the outcomes of projects for which funds are awarded the geographic area, including the Emergency Solutions Grants program; in (5) Participating in the consolidated plants) of the jurisdiction(s) in the geographic area; and (6) Preparing and submitting an application to HUD on behalf of the entire Continuum of Care membership, including conducting a sheltered and unsheltered point -in -time count and other data collection as required by HUD. (c) ��ptoring�osts, The costs of monitoring redipients and subrecipients and enforcing compliance with program requirements are eligible. § 578,41 Unified Funding Agency costs. (a) In general. UFAs may use up to 3 percent of their FPRN, or a mae mums amount to be established by the NOFA, whichever is less, for fiscal control and accounting costs necessary to assure the proper disbursal of, and accounting for, federal funds awarded to subrecipients under the Continuum of Care program (b) UFA costs, UFA costs include costs of ensuring that all financial transactions carried out under the Continuum.of Care program are conducted and records are maintained in accordance with generally accepted accounting principles, including arranging for an annual survey, audit, or evaluation of the financial records of each project carried out by a subrecipient funded by a grant received through the Continuum of Care program. (c) Monitoring costs. The costs of monitoring subrecipients and enforcing compliance with program requirements are eligible for cost. • § 578.43 Acquisition. Grant funds may be used to pay up to 100 percent of the cost of acquisition of real property selected by the recipient or subrecipient for use in the provision of housing or supportive services for homeless persons. §578.45 Rehabilitation. (a) Use. Grant funds may be used to pay up to 100 percent of the cost of rehabilitation of structures to provide housing or supportive services to homeless persons. (b) Eligible costs. Eligible rehabilitation costs include installing cost-effective energy measures, and bringing an existing structure to State and local government health and safety standards. (c) ineligible costs. Grant funds may not be used for rehabilitation of leased property. §578.47 New construction, (a) Use. Grant funds may be used to: (1) Pay up to 100 percent of the cost of new construction, including the 45452 Federal Register/ Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations type, quality, amenities,facilities, and management services, In addition, the rents may not exceed rents currently being charged for comparable units, and the rent paid may not exceed HUD - determined fair market rents. • (3) Utilities. If electricity, gas, and construction, the applicant must water are included in the rent, these demonstrate that the costs of new utilities may be paid from leasing funds. construction are substantially less than If utilities are not provided by the tha costs-ofrelaabilitation orthat there.. —)apolo,d,_these. tility.cosfis are.an-.___ . is a lack of available appropriate units operating cost, except for supportive that could be rehabilitated at a cost less service facilities. If the structure is being than new construction. For purposes of used as a supportive service facility, this cost comparison, costs of then these utility costs area supportive rehabilitation or.new construction may service cost. include the cost of real property (4) Security deposits and first and last acc uisition. month's rent. Recipients and Co) Ineligible costs. Grant funds may subrecipients may use grant funds to not be used for new construction on pay security deposits, in an amount not leased property. to exceed 2 months of actual rent. An advance payment of the last month's § 578.49 Leasing. rent may be provided to the landlord in (a) Use. (1) Where the recipient or addition to the security deposit and subrecipient is leasing the structure, or pa ent of the first month's rent. portions thereof, grant funds may be 5) Occupancyagreements and used to pay for 100 percent of the costs subleases. Occupancy agreements and of leasing a structure or structures, or subleases are required as specified in portions thereof, to provide housing or § 578.77(a). supportive services to homeless persons (s) Calculation of occupancy charges for up to 3 years. Leasing fends may not and rent. Occupancy charges and rent be used to lease units or structures from program participants must be owned by the recipient, subrecipient, their parent organi7ation(s), any other related orgeni7adon(s), or organizations that are members of a partnerabip, where the partnership owns the structure, unless HUD authorized an exception for good cause. (2) Any request for an exception must include the following: (i) .A description of how leasing these structures is in the best interest of the program; . (ii) Supporting documentation rn one competitson showing that the leasing charges paid for leasing or as rental assistance, .(2) Program part;cipants who with grant funds are reasonable for the depenAing en the characteristics of the complied allr program requirements haveements market; and project. Leasing funds willbe renewed during their residence retain the rental (iii) A copy of the veritten policy for as rental assistance if the funds are used g resolving disputes between the landlord to pay rent on units where the lease is assistance if they move within theContinuum of Care geographic area. and tenant, including a recusal for between the program participant and officers, agents, and staff who worthe for the landowner or sublessor. Projects (3) Program participants who have both the landlord and tenant. requesting leasing funds will be complied with all program requirements (b) Requirements. (1) Leasing renewed as leasing if the funds were during their residence and who have structures. When grafts are used to pay used to lease a unit or structure and the been a victim of domestic violence, rent for all or part of a structure or lease is between the recipient or dating violence, sexual assault, or structures, the rent paid must be subrecipient and the landowner. stalling, and who reasonably believe reasonable in relation to rents being ' they are imminently threatened by harm charged in the area for comparable § 578.51 Rental assistance. from further domestic violence, dating space. In addition, the rent paid may not (a) Use. (1) Grant funds may be used violence, sexual assault, or stalking exceed rents currently being charged by for rental assistance for homeless (which would include threats from a the same owner for comparable individuals and families. Rental third party, such as a friend or family unassisted space. assistance canriotbe provided to a member of the perpetrator of the (2) Leasing .individual units. When program participant who is already violence), if they remain to the assisted grants are used to pay rent for receiving rental assistance, or living in i,nit, and are able to document the individual housing units, the rent paid a b.ousing unit receiving rental • violence and basis for theirbelief, may must be reasonable in relation. to rents assistance or operating assistance retain the rental assistance and move to being charged for comparable units, through other federal, State, or local a different Continuum of Care talang into account the location, size, sources. geographic area if they move out of the building of a new structure or building an addition to an existing structure that increases the floor area by 100 percent or more, and the cost of land associated with that construction, for use as housing. (2) If grant funds are used for new calculated as provided in § 578.77. specific area fortheir entire period of (7) Program income. Occupancy participation, or in a specific structure charges and rent collected from program participants are program income and for the first year and in a specific area for the remainder of their.period of may be used as provided under participation. Program participants who § 578.97• are receiving rental assistance in (8) Transition. Beginning in the first year awards are made under the transitional housing maybe required to live in a spate structure for then Continuum o tin f Care program renewals of (i) The rental assistance may be short- term, up to 3 months of rent; medium - term, for 3 to 24 months of rent; or long- term, for longer than 24 months of rent and must be administered in accordance with the policies and procedures established by the Continuum as set forth in § 578.7(a)(9) and this section. (ii) The rental assistance may be tenant -based, project -based, or sponsor - .based.,. and may be #ar transitional� o-. permanent housing. (2) Grant funds may be used far security deposits in an amount not to exceed 2 months of rent An advance payment.of the last month's rent may be provided to the landlord, in addition to the security deposit and payment of first month's rent. (b) Rental assistance administrator. Rental assistance must be administered by a State, unit of general local government, or a public housing agency. (c) Tenant -based rental assistance. Tenant -based rental assistance is rental assistance in which program participants choose housing of an appropriate size in which to reside. When necessary to facilitate the coornation of suppordve services, recipients and suorecipients may require program participants to live in a entire period of participation in forleasing funds entered into grants under the authority of title IV, subtitle transitional housing: s worth ofental D of the A{1} Up to 5year Act as it esdsted before May 20, orris may years awarded r a project 2009 will be renewed either as grants Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules .and Regulations 45453 assisted unit to protect their health and safety. (d) Sponsor -based rental assistance. Sponsor -based rental assistance is provided through contracts between the recipient and sponsor organization. A. sponsor may be a .private, nonprofit organization, or a community mental health agency established as a public nonprofit organization. Program ,participants must reside in housing.___ owned or leased by the sponsor. Up to 5 years worth of rental assistance may be awarded to a project in one competition. (e) Project -based rental assistance. Project -based rental assistance is provided through a contract with the owner of an eldsting structure, where the owner agrees to lease the subsidized units to program participants. Program participants will not retain rental assistance if they move, Up to 15 years of rental assistance may be awarded in one competition. (f) Grant amount. The amount of rental assistance in each project will be based on the nnrrtber and size of »nits proposed by the applicant to be assisted over the grant period. The amount of rental assistance in each project will be calculated by multiplying the number and size ofimita proposed by the FMR of each unit on the date the application is submitted to EUJD, by the term of the grant. (g) Rent reasonableness. HUD will only provide rental assistance for a twit if the rent is reasonable. The recipient or subrecipient roust determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged, for comparable unassisted units, talcng into account the location, size, type, quality,. amenities, facilities, and management and maintenance of each unit. Reasonable rent must not exceed rents currently being charged by the same . owner for comp arable unassisted nrits.. (h) Payment of grant. (1) The amount of rental assistance in each project will be reserved for rental assistance over the grant period. An applicant's request for rental assistance in each grant is an estimate of the amount needed for rental assistance. Recipients will make draws from the grant funds to pay the actual costs of rental assistance for program participants. (2) For tenant based rental assistance, on demonstration of need: (i) Up to 25 percent of the total rental assistance awarded may be spent in any year of a 5-year grant term; or (ii) A higher percentage if approved in advance -by HUD, if the recipient provides evidence satisfactory to HUD that it is financially committed to' providing the housing assistance described in the application for the full 5-year period. (3) A recipient must serve at least as many program participants as shown in its application for assistance. (4) If the amount in each grant reserved for rental assistance over the grant period exceeds the amount that will be needed to pay the actual costs _ of rental_ase_sistan.ce, due.to such factors_ as contract rents being lower than F11Rs and program participants being able to pay a portion of the rent,' recipients or •subrecipients may use the excess funds for covering the costs of rent increases, or for serving a greater number pf program participants. (i) Vacancies. If a tinit assisted under this section is vacated before the expiration of the lease, the assistance for the unit may continue for a maximum of 30 days from the end of the month in which the irnitwas vacated, unless occupied by another eligible.petson. No additional assistance will be paid until the unit is occupied by another eligible person. Brief periods of stays to institutions, not to exceed 90 days for each occurrence, are not considered vacancies. • (j) Property damage. Recipients and subrecipients inay use grant funds in an amount not to exceed one month's rent to pay for any damage to housing due to the action of a program participant. This shall be a one-time cost per participant, incurred at the tame a participant exits a housing unit. (k) Resident rent. Rent must be calculated as provided in § 578.77. Rents collected from program participants ere program income and may be used as provided. under § 578.97. (1) Leases. (1) initial lease. For project - based, sponsor -based, or tenant -based rental assistance, program participants must enter into a lease agreement for a term of at least one year, which is terminable for cause. The leases must be automatically renewable upon expiration for terms that are a minimum of one month long, except on prior notice by either party. (2) initial Iease for transitional housing. Program participants in transitional housing must enter into a lease agreement for a term of at least one month. The lease must be automatically renewable upon expiration, except on prior notice by either party, up to a maxim»m term. of 24 months. § 578.53 Supportive servloes, (a) In general. Grant funds may be used to pay the eligible costs of supportive services that address the special needs of the program participants. If the supportive services are provided in a supportive service facility not contained in a housing structure, the costs of day -today operation of the supportive service facility, incluriing maintenance, repair, building security, furniture, utilities, and equipment are eligible as a supportive service. (1) Supportive services must be nrr.essary.to assist program -participants obtain and maintain housing. (2) Recipients and subrecipients shall conduct an annual assessment of the service needs of the program participants and should adjust services accordingly. (b) Duration. (1) For a transitional housing project, supportive services must be made available to residents throughout the duration of their residence in the project. (2) Permanent supportive housing projects must provide supportive services for the residents to enable them to live as irxdependently as is practicable throughout the duration of their residence in the project. (3) Services may also be provided to former residents of transitional housing and current residents of permanent housing who were homeless in the prior 6 months, for no more than 6 months after leaving transitional housing or homelessness, respectively, to assist their adjustment to independent living. (4) Rapid. rehousing projects must require the program participant to meet with a case manager not less than once per month as set forth in § 578.37(a)(1)(ii)(F), to assist the program participant in maintaining long -terra housing stability. • (c) Special populations. All eligible costs are eligible to the same extent for program participants who are unaccompanied homeless youth; persons living with HIV/AIDS; and victims of domestic violence, dating violence, sexual assault, or stalking. (d) Ineligible costs. Any cost that is not described as an eligible cost under this section is not an eligible cost of providing supportive services using Continuum of Care program funds. Staff training mad the costs of obtaining professional licenses or certifications needed to provide supportive services are not eligible costs. (e) Eligible costs. (1) Annual Assessment of Service Needs. The costs of the assessment required by § 578.53(a)(2) are eligible costs. (2) Assistance with moving costs. Reasonable one-time moving costs are eligible and include truckrental and hiring a moving company. 45454 Federal Register / Vol. 7 7, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations (3) Case management. The costs of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant(s) are eligible costs, Component services and activities consist of: (i) Counseling; (ii) Developing, securing, and coordinating services; ._ _(_i)Using.t .e centralized or coordinated assessment system as re ed under § 578,23(c)(9). (iv) Obtaining federal, State, and local benefits; (v). Monitoring and evaluating program participant progress; (vi) Providing information and referrals to other providers; (vii) Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalldng; and (viii) Developing an individualized housing and service plan, including planning a path to permanent housing stability. (4) Child care. The costs of establishing and operating child care, and providing child-care vouchers, for children from families experiencing homelessness, including providing A Mediation with propertyowners Component services are chess meals and snacks, and comprehensive ( ) interventions; counseling; individual, and coordinated developmental and landlords on behalf of eligible family, or group therapy sessions; the activities, are eligible. program participants; rescri .ion of s ychotre is (i) The chi) area must be under the age (B) Credit counseling, accessing a free medic tians or exlplan atians about the of 13, unless they are disabled children, personal credit report, and resolving use and management of medications; (ii) Disabled rl,ildren must be under personal credit issues; and and combinations of therapeutic medications; the age of 18. (C) The payment of rental application approaches to3t address multiple (iii) The child-care center must be fees. problems. licensed by tb.e jurisdiction in Which it • ' (9) Legal services. Eligible costs are P oble Outpatient health services. operates in order for its costs to be the fees charged by licensed attorneys El(12) costs are the direct outpatient eligible. d b () under the supervision � d treatment of medic (5) Education services. The costs of improving 1 .owledge and basic educational stalls ere eligible. (1) Provndm an an (i) Services include instruction or ability to obtain and retain housing. assessment ofanindivrdual's health 37 training in consumer education, health (i) Eligible subject matters are child i problems and the development of a education., substance abuse prevention, support; guardianship; paternity; eatment plan; , literacy, English as a Second Language, emancipation; legal separation; orders of and General Educational Development protection and other civil remedies for understand. ththe health individuals to (GED). victims of domestic violence, dating (ter Land t e health needs; assisting (ii) Component services or activities violence, sexual, assault, and stalking; individuals Providing io godirectlytain or ssis g are screening, assessment and testing; appeal of veterans and public benee t appropriate medicaltandutiliee individual or group instruction; claim denials; landlord tenant disputes; tutoring; provision of books,. supplies, and the resolution of outstanding (iv) Preventive medical care and and instructional material; counseling; criminal warrants.. health maintenance services, including and referral to community resources. (ii) Component services or activities in-home health serviceservices and emergency (6) Employment assistance and job may include receiving and preparing training. The costs of establishing and cases for trial, provision of legal advice, (v) Provision of appropriate medication; operating employment assistance and representation at hearings, and (tii) Providing follow-up services; and job training programs are eligible, counseling. including classroom, online and/or (iii) Fees based on the actual service (via) Preventive and noncosmetic computer instruction, on-the-job performed (Le., fee for service) axe also dental care. instruction, services that assist eligible, but only if the cost would be (13) Outreach services, The costs of individuals in securing employment, less than the cost of hourly fees. Filing activities to engage persons for the acquiring learning skills, and/or fees and other necessary court costs are purpose of providing immediate support increasing earning potential. The cost of also eligible. If the subrecipient is a and intervention, as well as identifying providing reasonable stipends to program participants in employment assistance and job training programs is also an eligible cost. (i) Learning skills include those stalls that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates. (11) Services that assist individuals in securing employment consist of: (A) Employment screening, assessment, or testing; (B) Structured job skills and job - seeking skills; (C) Special training and tutoring, including literacy training and pre- • vocational training; (D) Books and instructional material; (E) Counseling or job coaching; and (F) Referral to community resources. (7) Food. The cost of providing meals or groceries to program participants is eligible. (8) Housing search and counseling services, Costs of assisting eligible program participants to locate, obtain, and retain suitable housing are eligible. Li) Component services or activities are tenant counseling; assisting individuals and families to understand leases', securing utilities; and making moving arrangements. (ii) Other eligible costs are: legal services provider and performs the services itself, the eligible costs are the subrecipient's employees' salaries and other costs necessary to perform the services. (iv) Legal services for immigration and citizenship matters and issues related to mortgages and homeownership are ineligible, Retainer fee arrangements and contingency fee arrangements are ineligible. (10) Life skills training. The costs o£` teaching critical life management sills that may never have been learned or have been lost during the course of physical ar mental illness, domestic violence, substance abuse, and homelessness are eligible. These services must be necessary to assist the program participant to function independently in the community. Component life sldlls training are the budgeting of resources and money management, household management, conflict management, shopping for. food and other needed items, nutrition, the use of public transportation, and parent training. (11) Mental health services. Eligible costs are the direct outpatienttreatraent of mentalhealth conditions that are provided by licensed professionals. an y persons al conditions when of licensed attorneys, for vice an medical representation in matters that intes ere provided bylicensed including: with the homeless individual or family's Proves sin or Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012 / Rules and Regulations 4. 45455 potential program participants, ere eligible. (i) Eligible costs include the outreach worker's transportation costs and a cell phone to be usedby the individual performing the outreach. (ii) Component activities and services consist of: initial assessment; crisis counseling; addressing urgent physical needs, such as providing meals, beets,clothes, of toi)etre; actively connecting and providing people with information and referrals to homeless and mainstrearn'programs; and publicizing the availability of the housing and/or services provided within the geographic area covered by the Continuum of Care. (14) Substance abuse treatment services. The costs of program participant intake end assessment, outpatienttreatment, group and individual counseling, and drug testing are eligible. Inpatient detoxification and other inpatient drug or alcohol treatment are ineligible. • (15) Transportation. Eligible costs are: (i) The costs of program participant's travel on public transportation or in a vehicle provided by the recipient or subrecipient to and from medical care, employwent, child care, or other • services eligible under thip section. (ii) Mileage allowance for service workers to visit program participants and to carry out housing quality inspections; (iii) The cost of purchasing or leasing a vehicle in which st transports program participants and/or staff serving program participants; (iv) The cost of gas, insurance, taxes, and maintenance for the vehicle; (v) The costs of recipient or subrecipient staff to accompany or assist program participants to utilize public transportation; and. (vi) If public transportation options are not sr fR cient within the area, the recipient may make a one-time payment on behalf of a program participant needing car repairs or mF±ntenance required to operate a personal vehicle, subject to the following: (A) Payments for car repairs or maintenance on behalf of the program participant may not exceed 10 percent of the Blue Book value of the vehicle (Blue Bo oh refers to the guidebook that compiles and quotes prices for new and used automobiles and other vehicles of all makes, models, and types); (B) Payments for car repairs or maintenance must be paid by the recipient or subrecipient directly to the third party that repairs or maintains the car; and (C) The recipients or sub:ecipients may require program participants to share in the cost of car repairs or maintenance as a condition of receiving assistance with car repairs or maintenance. (16) Utility deposits. This form of assistance consists of paying for utility deposits. Utility deposits must be.a one- time fee, paid to utility companies. (17) Direct provision of services. If the service described in paragraphs (e)(1) tl gugh (0)(16) of.thi5 section is being directly delivered by the recipient or subrecipient, eligible costs for those services also include; (i) The costs of labor or supplies, and materials incurred by the recipient or subrecipient in directly providing supportive services to program participants; and (ii) The salary and benefit packages of the recipient and subrecipient staff who directly deliver the services. §578.55 operating costs. (a) Use. Grant funds may be used to pay the costs ofthe day-to-day operation of transitional and permanent housing in a single structure or individual housing -units. .(b) Eligible costs. (1) The maintenance an rl repair of housing; (2) Property taxes and insurance; (3) Scheduled payments to a reserve for replacement of major systems of the housing (provided that the payments must be based on the useful life of the system and expected replacement cost); (4) Building security for a structure where more than 50 percent of the units or area is paid for with grant funds; (5) Electricity, gas, and water; (5) Furniture; and {7) Equipment. (c) Ineligible .costs, Program funds may not be used for rental assistance and operating costs in the same project. Program funds may not be used for the operating costs of emergency shelter - and supportive service -only. facilities. Program funds may not be used for the maintenance and repair of housing where the costs of maintaining and' repairing the housing are included in the lease. § 578.57 Homeless Management Information System. (a) Eligible costs. (1) The recipient or subrecipient may use Continuum of Care program funds to pay the costs of contributing data to the HM1S designated by the Continuum of Care, including the costs of: (i) Purchasing or leasing computer hardware; (ii) Purchasing software or software licenses; (iii) Purchasing or leasing equipment, including telephones, fax machines, and furniture; (iv) Obtaining technical support; (v) Leasing office space; (vi) Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; (vii) Paying salaries for operating HMIS, including: (A) Completing data entry; (B) Monitoring and reviewing data quality..... ...._ ... - ... (C) Completing data analysis; (D) Reporting to the HISS Lead; (E) Training staff on using the HMIS; and (F) Implementing and complying with HMIS requirements; (viii) Paying costs of staff to travel to and attend HUD -sponsored and HUD - approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; (ix) Paying staff travel costs to conduct intake; and (x) Paying participation fees charged by the HMS Lead, as authorized by HUD, if the recipient or subrecipient is not the HMIS Lead.. (2) If the recipient or subrecipient is the HMIS Lead, it may also use Continuum of Care fundss to pay the costs of: (i) Hosting and maintaining HMIS software or data; (ii) Baclang up, recovering, or repairing I-14I.S software er data; (iii) Upgrading, customizing, and enhancing the HMIS; (iv) Integrating and warehousing data, including development of a data warehouse for use in aggregating data from subrecipients using multiple software systems; (v) Administering the system; (vi) Reporting to providers, the Continuum of Care, and NUD; and (vii) Conducting training on using the system, including traveling to the training. (3) If the recipient or subrecipient is a. victim services provider, or a legal services provider, it may use Continuum of Care funds to establish and operate a comparable database that complies with HLJD's HMIS requirements, (b) General restrictions, Activities funded under this section must comply with the BM[S requirements. §578.59 Project administrative costs. (a) Eligible costs. The recipient or subrecipient may use up to 10 percent of any grant awarded under this part, excluding the amount for Continuum of Care Planning Activities and UFA costs, far the payment of project • arlmini strative costs related to the planning and execution of Continuum. 45456 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations of Care activities. This does nbt include staff and overhead costs directly related to carrying out activities eligible under § 578.43 through § 578.57, because those costs are eligible as part of those activities. Eligible administrative costs include: (1) General management oversight, and coordination. Costs of overall program management, coordination, monitoring; and.evaluatione These costs include, but ere not limited to, necessary expenditures for the following: (i) Salaries, wages, and related costs of the recipient's staff, the staff of subrecipients, or other staff engaged in program administration. In charging costs to this category, the recipient may include the entire salary, wages, and related costs allocable to the program of each person whose primary responsibilities with regard to the program involve program g 578.61 Relocation costs. administration assignments, or the pro (a) in general. Relocation costs under rata share of the salary, wages, and the Uniform Relocation Assistance and related costs of each person whose job Real Property Acquisition Policies Act includes any program administration of 1970 are eligible. assignments. The recipient may use (b) Eligible relocation costs_ Eligible only one of these methods for each costs are costs to provide relocation fiscal year grant. Program payments and other assistance to administration assignments include the persons displaced by aproject assisted following: with grant funds in accordance with (A) Preparing program budgets and § 578,83. schedules, and amendments to those § s78.e3 Indirect costs. budgets and schedules; in similar circumstances who become (B) Developing systems for assuring (a) In general. Continuum .of Cara homeless again within 2 Years after compliance with program requirements; funds maybe used to pay indirect costs leaving homelessness was decreased by (C) Developing agreements with in accordance with OMB Circulars A-87 at least 20 percent from the preceding subrecipients and contractors to carry or A-122, as applicable. federal fiscal year. out program activities; (b) Allocation. Indirect costs maybe ( ) S coverage. The Continuum's (D) Monitoring program activities for allocated to each eligible activity as HMIS must have.a bed coverage rate of pro ess and compliance with program provided in subpart D, so long as that 80 percent and a service volume r p P allocation is consistent with an indirect requirements; coverage rate of 80 percent as calculated (E) Preparing reports and other cost rate proposal developed in accordance with percent HMIS accordance with. OMB Circulars A-87 or in documents directly related to there uirements. program for submission to HUD; A-122, as applicable. �iv) Serving families and youth. With (c) Expenditure (F) Coord;n acing the resolution of limits. The indirectrespect to Continuums that served audit and monitoring fincosts chaffed to an activity subject to an findings; costs limit under §§ subject 578.39homeless families and -youth defined as e . (G) Evaluating program results against , and 578.59 must be added to the homeless under ether federal statutes in stated objectives; and 578.41,direct costs charged for that activity paragraph (3) of the definition of (H) Managing or sup soars homeless in § 576 2: whose primary responsibi11nes to.the.expenthture limits. regard to the program include such assignments as those described in Subpart E--High-Performing paragraph (a)(1)(i)(A) through (G) of this Communities section. (ii) Travel costs incurred. for . §578.55 Standards. monitoring of subrecipients; (a) In general, The collaborative permanent housing for at least 2 years (lit) Administrative services applicant for a Continuum may apply to following termination of .ssistance. performed under third -party contracts HUD to have the Continuum be . • so(2) Rs liabothler than generated the Cater from ms . or agreements, including general legal designated a high -performing services, accounting services, and'audit community (ETC). The designation HMIS that is provided in a narrative or services; and shall be for grants awarded in the same other form prescribed by HUD that it (iv) Other cost for goods and services competition in which the designation is meets both of the following standards: required for administration of the applied for and made. (i) Community action. All the program, including rental or purchase of (b) Applying for HPC designation. The metropolitan cities and counties within, equiprnent, insurance, utilities, office application must be submitted at such the Continunm's geographic area have a supplies, and rental and maintenance time and in such manner as HUD may (but not purchase) of office space, require, must use H2vIIS data where (2) Tiuining on Continuum of Care required to show the standards for requirements. Costs of providing qualifying are met, and must contain training on Continuum of Care such information as HUD requires, requirements and attending HUD including at a minimum: sponsored Continuum of Care trainings. (1) A report showing how the (3) Environmental review. Costs of Continuum of Care program funds carrying out the environmental review received in the precering year were responsibilities under § 578.31. expended; [.)Sharing requirement.((1) UFAs. If (2) A„specifigplan for how grant the recipient is a UFA tthat carries out h nd's Sidle expended; and a project, it may use up to 10 percent (3) Information establishing that the of the grant amount awarded fox the . Continuum of Care meats the standards project on project administrative costs. for } Cs. The UFA must share the temaining . (c) Standards for qualifying as an project administrative funds with its HPC. To qualify as an HPC, a subrecipients. Continuum must demonstrate through: (2) Recipients that are not UFAs. If the (1) Reliable data generated by the recipient is not a UFA, it must share at Continuum of Care's H_MIS that it meets least 50 percent of project arministrative funds with its subrecipients. all of the following standards: (i) Mean length of homelessness. Either the mean length of episode of homelessness within the Continuum's geographic area is fewer than 20 days, or the mean length of episodes of homelessness for individuals or families in similar circ»mstances was reduced by at least 10 percent from the preceding federal fiscalyear. • (ii) Reduced recidivism. Of individuals and families who leave homelessness, less than 5 percent become homeless again at any time within the ne='t 2 years; or the percentage of individuals and families supervising per When determining the total costs subject (A) with 95 percent of those families and youth did not become homeless again within a 2-year period following termination of assistance; or (F) 85 percent of those families achieved independent living in Federal Register / Vo1. 77, No, 147 / Tuesday, July 31, 2012 /Rules and Regulations 45457 comprehensive outreach plan, including specific steps for identifying homeless persons and referring them to appropriate housing and services in that geographic area. (ii) Renewing RP.0 status. If the Continuum was designated an HPC in the previous federal fiscal year and used Continuum of Care grant funds for activities described under § 578.71, that such activities. were effective at reducing the number of individuals and. families who became homeless in that community. §.578.67 . Publication of application: HUD will publish the application to be designated an HPC through the HUD Web site, for public comment as to whether the Continuum, seeldng designation as an HPC meets the standards far being one. § 578.69 Cooperation among entities. An laPC must cooperate with. HUD in distributing information about its successful efforts to reduce homelessness. ;578.71 HPC-eilgibie activities. In addition to using grant funds for the eligible costs described in subpart D of this part, recipients and subrecipients in Continuums of Care designated as HPCs may also use grant_funds to provide housing relocation and stabilization services and short- and/or medium -term rental_ assistance to individuals and families at risk of homelessness as set forth in 24 CFR 576.103 and 24: CFR 576.104, if necessary to prevent the individual or femily from becoming homeless. Activities mustbe carried out in accordance with the plan submitted in the application., When carrying out housing relocation and stabilization services and short- and/or medium -term .rental assistance, the written standards set forth in § 578.7(a)(9)(v) and recordkeeping requirements of 24 CFR 576.500 apply. Subpart F--Program Requirements §576.73 Matching requirements. (a) In general. The recipient or subrecipient must match all grant funds, except for leasing funds, with no less than. 25 percent of funds or in-ldnd • contributions from other sources. For Continuum of Care geographic areas in which there is more than one grant agreement, the 25 percent match must be provided on a grant-by-grant.basis. Recipients that are UPAs or are the sole recipient for their Continuum, may provide match on a Continuum -wide basis. Cash match must be used for the costs of activities that are eligible under subpart D of this part, except that HPCs of structure) of the International Code may use such match for the costs of Council activities that are eligible under (2) Services provided with assistance § 578.71. under this part must be provided in (b) Cash sources. A recipient or compliance with all applicable State subrecipient may use funds from any and local requirements, including source, including any ether federal licensing requirements. sources (excluding Cantnwim of Care (b) Housing quality standards, program funds), as well as State, local, Housing leased with Continuum of Care and private sources, provided that funds program funds, or for which rental from the .source Are not statutorily.. _ assistance payments are nt.ade_1hfith_ prohibited to be used as a match. The Continuum of Care program funds, must recipient must ensure that any funds meet the applicable housing quality used to satisfy the matching standards (HQS) under 24 CFR 982.401 requirements of this section are eligible of this title, except that 24 CFR under the laws governing the funds in 982.401(j) applies only to housing order to be used as matching funds for occupied by program participants a grant awarded under this program. receiving tenant -based rental assistance. (c) In -kind contributions. (1) The For housing rehabilitated with funds recipient or subrecipient may use the under this part, the lead -based paint value of any real property, equipment, requirements in 24 CFR part 35, goods, or services contributed to the subparts A., B, J, and R apply. For project as match, provided that if the housing that receives project -based or recipient or subrecipient had to pay far sponsor -based rental assistance, 24 CFR them with grant funds,' the costs would part 35, subparts A, B, H, and R apply. have been eligible under Subpart D, or, For residential property fox which funds in the case of HPCs, eligible under under this part are used fox aoquisition, § 578.71. leaving, services, or operating costs, 24 . (z) The requirements of 24 CFR 81.23 CFR part 35, subparts A,. B, K, and R and 85.24 apply, apply. (3) Before grant execution, services to (1) Before any assistance will be be provided by a third party must be provided on behalf of a program . documented by a memorandum of participant, the recipient, or understanding (MOU) between the subrecipient, must physically inspect recipient or subrecipient and the third each unit to assure that the iinit meets party that will provide the services, HQS. Assistance will not be provided Services provided by individuals must for units that fail to meet HQS, unless be valued at rates consistent with those the owner corrects any deficiencies ordinarily paid for similar work in the within 30 daps from the date of the recipient's or subrecipient's initiel inspection and the recipient or organization. If the recipient or subrecipient verifies that all deficiencies subrecipient does not have employees have been corrected. performing similar work, the rates must (2) Recipients or subrecipients must be consistent with those ordinarily paid inspect all units at least annually during by' other employers for .similar work in the grant period to ensure that the units the sane labor market. continue to meet HQS.. . (i) The MOU must establish the (c) Suitable dwelling size. The unconditional commitment, except for dwelling unit must have at least one • selection to receive a grant, by the third bedroom or living/sleeping room for party to provide the services, the each two persons. specific service to be provided, the' • (1) Children of opposite sex, other profession of the persons providing the than very young children, may not be service, and the hourly cost of the required to occupy the same bedroom or service to be provided., living/sleeping room. (ii) During the terra of the grant, the (2) If household composition changes recipient or subrecipient must keep and during the term of assistance, recipients make available, for inspection, records and subrecipients may relocate the documenting the service hours household to a more appropriately sized provided. unit. The household must still have access to appropriate supportive § 578.75 General operations. services, (a) State and local requirements. (1) (d) Meals. Each recipient and Housing and facilities constructed or subrecipient of assistance under this rehabilitated with assistance under this part who provides supportive housing part must meet State or local building for homeless persons with disabilities codes, and in the absence of State or must provide meals or meal preparation lo cal buildin g codes, the International facilities for residents. Residential Code or International ' (e) Ongoing assessment of supportive Building Code (as applicable to the type services. To the extent practicable, each 45458 Federal Register /Vol, 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations project must provide supportive services for residents of the project and homeless persons using the project, which maybe designed by the recipient or participants. Each recipient and subrecipient of assistance under this part must conduct an ongoing assessment of the supportive services needed by the residents of the project, the availability of such services, and the coordination of seiyioes needed to ensure long-term housing stability and must make adjustments, as appropriate. (f) Residential supervision. Each recipient and subrecipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the terra of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient l000wledge to provide or to supervise the provision of supportive services to the residents. (g) Participation of homeless individuals. (1) Each recipient and subrecipient must provide for the participation of not less than one homeless individual or formerly homeless individual on the board of directors or other equivalent p olicymalting entity of the recipient or subrecipient, to the extent that such entity considers and makes policies and decisions regarding any project, supportive services, or assistance provided under this part. This requirement is waived if a recipient or subrecipient is unable to meet such requirement and obtains HUD approval for a plan to otherwise consult with homeless or formerly homeless persons when considering and malting policies and decisions. (2) Each recipient and subrecipient of assistance under this part must, to the maximum extent practicable, involve homeless individuals and families through employment; volunteer services; or otherwise in constructing, rehabilitating, maintaining, and operating the project, and in providing su pportive services for the project. (h) Supportive service agreement. 5.609 and 24.CFR.5.611(a), Recipients execute and record a HUD -approved Recipients and subrecipients may and subrecipients must examine a Declaration of Restrictive Covenants regnire the program participants to take program participant's income initially, before receiving payment of grant funds. part in supportive services that are not and if there is a change in family (b) Conversion. Recipients and disability -related services provided composition (e.g., birth of a child) or a subrecipients carrying out a project that through the project as a condition of decrease in the resident's income during provides transitional or permanent continued participation in the program. • the year, the resident may request an .aousing or supportive services in a Examples of disability -related services interim reexamination, and the structure may submit a request to HUD include, but are not limited to, mental occupancy charge will be adjusted to convert a project for the direct benefit health services, outpatient health accordingly. of very low-income persons. The recraest services, and provision of medication, (c) Resident rent. (1) Amount of rent. must be made while the project is which are provided to aperson with a (i) Ee:ch program participant on whose operating as homeless housing or disability to address a condition caused behalf rentalassistance payments are supportive services for homeless by the disability. Notwithstanding this provision, if the purpose ofthe project is to provide substance abuse treatment services, recipients and subrecipients may require program participants to take part in such services as a condition of continued participation in the program. (i) Reten+don of assistance after death, incarceration, or institutionalization for more than 90 days of qualifjng._ member. For permanent supportive housing projects surviving, members of any household who were living in a unit assisted under this part at the time of the qualifying member's death, long- • term incarceration, or long-term institutionalization; have the right to rental assistance under this section until the expiration of the lease in effect at the time of the qualifying member's death, long-term incarceration, or long- term insti ationalization. made must pay a contribution toward rent in accordance with section 3(a)(1) of the U,S. Housing Act of 1937 (42 U.S.C. 1437a(a)(1)). (ii) Income of program participants must be calculated in accordance with 24 CFR 5.609 and 24 CFR 5,611(a). (2) Review. Recipients or subrecipients must examine a program participant's income initially, and at least annually thereafter, to determine the amount of the contribution toward - rent payable by the program participant. Adjustments to a program participant's contribution toward the rental payment must be made as changes in income are identified. (3) Verification. As a condition of • participation in the program, each • program participant must agree to • supply the information or documentation necessary to verify the program participant's income. Program participants must provide the recipient § 57a.77 Calculating occupancy charges or subrecipient with information at any and rent. (a) Occupancy agreements and leases. Recipients and subrecipients must have signed occupancy agreements or leases (or subleases) with'program participants residing in housing. (b) Calculation of occupancy charges. Recipients and subrecipients are not required to impose occupancy charges on program participants as a condition of residing in the housing. However, if occupancy charges are imposed, they may not exceedthe highest of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical project if more than half of the homeless expenses, and child-care expenses); individuals or families remain in that (2) 10 percent of the famly's monthly . project longer than 24 months. income; or (3) if the family is receiving payments § 578.81 Term of commitment, repayment for welfare assistance from a public of grants, and prevention of undue benefits. agency and a part of the payments (a) In general. All recipients and (adjusted in accordance with the•subrecipients receiving grant funds.for family's actualhousing costs) is acquisition, rehabilitation, or new specifically designated by the agency to construction must operate the housing meet the family's housing costs, the or provide supportive services in portion of the payments that is . accordance with this part, for at least 15 years from the date of initial occupancy designated for housing costs. (4) Income. Income must be or date of initial service provision. calculated in accordance with 24 CFR Recipient and subrecipients must time regarding changes in income or other circumstances that may result in changes to a program perticipant'.s contribution toward the rental payment. § 578.79 Limitation on transitional housing. A homeless individual or family 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 additional tirne to prepare for independent living. However, HUD may discontinue assistance for a transitional housing Federal Register / Vol. 77, No. 147 /Tuesday, July 31, 2012 / Rules and Regulations 45459 individuals and families, must be in writing, and must include an explanation of why the project is no longer needed to provide transitional or permanenthousing or supportive services. The primary factor in HUD's decision on the proposed conversion is the unmet need for transitonal or permanent housing or supportive services in the Continuum of Care's .-geographic area. (c) Repayment of groat funds. If a project is not operated as transitional or permanent housing for 10 years following the date of initial occupancy, HUD will require repayment of the entire amount of. the grant used for acquisition, rehabilitation, or new construction, unless conversion of the project has been authorized under paragraph (b) of this section. If the. housing is used for such purposes for more than 10 years, the payment amount will be reduced by 20 percentage points for each year, beyond the 10-year period in which the project is used for transitional or permanent housing. (d) Prevention of undue benefits. Except as provided under paragraph (e) of this section, upon any sale or other disposition of a project site that received grant funds for acquisition, rehabilitation, or new construction, . occurring before the 15-year period, the recipient must comply with such terms and conditions as HUD may prescribe to prevent the recipient or subrecipient from unduly benefiting from such sale or disposition. (e) Exception. A recipient or subrecipient will not be required to comply with the terms and conditions prescribed under paragraphs (c) and (d) of this section if:• (1) The sale or disposition of the property used for the project results in the use of the property for the direct benefit of very low-income persons; (2) All the proceeds are used to provide transitional or permanent housing that meet the requirements of this part; (3) Project -based rental assistance or operating cost assistance from any federal program or an equivalent State or local program is no longer made available and the project is meeting applicable performance standards, provided that the portion of the project that had benefitted from such assistance continues•to meet the tenant income and rent restrictions fox low-income units under section 42(g) of the Internal Revenue Code of 1986; or (4) There are no individuals and families in the Continuum of Care geographic area who are homeless, in which case the project may serve relocation, including the cost of moving • to and from the temporarily occupied housing and any increase in monthly rent/occupancy charges and utility costs; and (11) Appropriate advisory services, including reasonable advance written notice of: (A) The date and approximate minimize the. displacement of persons duration of the.#emporary relocation; (faeniheg, individual§, businesses, (B) The location of.the suitable,--- nonprofit organizations, and farms) as a decent, safe, and sanitary dwelling to be result of projects assisted under this made available for the temporary part. 'Project,." as used in this section, period;. means any activity or series of activities (C) The reasonable terms and assisted with Continuum of Care funds conditions under which the program received .or anticipated in any phase of Participant will be able to occupy a an undertaking. suitable, decent, safe, and sanitary (b) Temporaryrelocation. (1) Existing dwelling in the building or complex Building Not Assisted under Title TV of upon completion of the project; and the McKinney-Vento Act. No tenant may (D) The provisions of paragraph be required to relocate temporarily for a (b)(2)(i) o}.is sectin. g'in which the (c) Reloftcation assistanceofor displaced project if the buildin will be persons. (1) In general. A displaced project is being undertaken or . person (defined undertaken is not currently assisted in. paragraph (c)(2) of under Title IV of the McKinney-Vento this section) must be provided Act. The absence of such assistance to relocation assistance in accordance with the building means the tenants are not the requirements of the URA and homeless and the tenants are therefore implementing regulations at 49 CFR part not eligible to receive assistance under 24. A displaced person must be advised the Continuum of Care program. When of his or her rights under the Fair a tenant moves for such.a project cinder Housing Act.. Whenever possible, conditions that cause the Uniform minority persons must be given Relocation Assistance and Real Property reasonable opportunities to relocate to Acquisition Policies Act of 1970 (URA), decent safe, and sanitary replacement 42 U.S.C. 4601.-4655, to apply, the dv.*ellings, not located in an area of tenant rnustbe treated as permanently minority concentration, that are within displaced and offered relocation their financial means. This policy, assistance and payments consistent with however, does not require providing a paragraph (c) of this section. person a larger payment than is (2) Existing Transitional Housing or necessary to enable a person to relocate Permanent Housing Profects Assisted to a comparable replacement dwelling. Under Title IV of the McKinney-Ven.to See 49 CFR 24.205.(c)(2)(ii)(D). Act. Consistent with paragraph (c)(2)(ii) (2) Displaced person. (i) For the of this section, no program participant purposes of paragraph (c) of this section, may be required to relocate temporarily the term "displaced person" means any for a project if the person cannot be person (family, individual, business, offered a decent, safe, and sanitary unit nonprofit organization, or farm) that in the same building or complex upon moves from real property, or moves project completion under reasonable personal property from real property, terms and conditions. The length of permanently, as a direct result of occupancy requirements in § 578.79 acquisition, rehabilitation, or may prevent a program participant from demolition for a project This includes returning to the property upon any permanent, involuntary move for a completion (See paragraph (c)(2)(iii)(D) project, including any permanent move of this section). Any program from the real property that is made: participant who has been temporarily (A) After the owner {or person in relocated for a period beyond one year control of the site) issues a notice to must be treated as permanently move permanently from the property, or displaced and offered relocation refuses to renew an expiring lease, if the assistance and payments consistent with move occurs after the date of the paragraph (c) of this section. Program submission by the recipient or participants temporarily relocated in subrecipient of an application for accordance with the policies described . assistance to HUD (or the recipient, as in this paragraph must be provided: applicable) that is later approved and (i) Reimbursement for all reasonable funded and the recipient or subrecipient incurred in has site control as evidencedin out-of-pocket expenses i connection with the temporary accordance with § 578,25(b); or individuals and families at risk of homelessness. §578,83 Displacement, relocation, and acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, recipients and subrecipients must ensure that they have taken all reasonable steps to 45460 Federal Register /Vol. 77, No. 147 / Tuuesday, July 31, 2D12 /Rules and Regulations (B) After the owner (or person in control cf the site) issues a notice to move permanertiy from the property, or refuses to renew an expiring lease, if the move occurs after the date the recipient or subrecipient obtains site control, as evidenced in accordance with § 578.25(b), if that occurs after the application for assistance; or (0) Before the date described under. paragraph {c).(a).(D.(A)_or_(h) ofthis... section., if the recipient or lilt determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the project; or (D) By a tenant of a building that is not assisted. under Title IV of the McKinney-Vento Act, if the tenant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition of the property for the project; or (i.i) For the purposes of paragraph (c) of this section, the term "displaced person" means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property, permanently, as a direct result of acquisition, rehabilitation, er demolition for a project. This includes any permanent, involuntary move for a project that is made by a program participant occupying transitional housing or permanent housing assisted under Title IV of the McKinney-Vento Act, if any one of the following three situations occurs: (A) The program participant moves after execution of the agreement covering the acquisition, rehabilitation, or demolition of the property for the project and is either not eligible to return upon project completion or the move occurs before the program participant is provided written notice offering the program participant an opportunity to occupy a suitable, decent, safe, and sanitary dwelling in the same building or complex upon project completion under reasonable terms and conditions. Such reasonable terms and conditions must include a of -pocket expenses incurred in connection with the temporary relocation; (2) The program participant is not eligible to return to the building or the purpose of evarling the obligation to provide relocation assistance; (B) The person moved into the property after the submission of the application but, before signing a lease or occupancy agreement and commenning occupancy, was provided written notice of the project's possible impact on the person (e.g., the person may be displaced, temporarily relocated, or incur a rent increase) andthe fact that the person would not qualify as a "displaced person" (er for any relocation assistance provided under this section), as a result of the project; (C) The person is ineligible under 49 CFR 24.2(a)(9)(ii)); . (D) The person is a program participant occupying transitional housing or permanent housing assisted of the grant agreement or of signing en under Title IV of the Act who must addendum to the grant agreement move as a direct result of the length -of- authorizing use of grant funds for the lease (or occupancy agreement, as occupancy restriction under § 578.79; or Pro)ect. applicable) consistent with Continuum (E) HUD determines that the person (2) Construction activities must be of Care program requirements, including was not displaced as a direct result of completed within 24 months of signing a monthly rent or occupancy charge and acquisition, rehabilitation, or the grant agreement. monthly utility costs that does not demolition; for the project. (3) Activities that cannot begin until exceed the maximum amounts (iv) The recipient may request, at any after construction activities are established in § 578.7 7 ; or time, HUD's determination of whether a completed must begin. within 3 months (B) The program participant is displacement is or would.be covered of the date that construction activities required to relocate temporarily, does - under this section. are completed, not returnto the building or complex, (3) Initiation of negotiations. For (c) Disiribrrtion_ A recipient that and any one of the following situations purposes of determining the formula for receives funds through this past must occurs: computeng'replacement housing (1) Distribute the funds to (1) The program participant is not payment assistance to be provided to a subrecipients (in advance of offered payment for all reasonable out- displaced person pursuant to this expenditures by the subrecipients);. section, if the displacement is a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, "initiation of negotiations" means the complex upon project completion; or execution of the agreement between the {3) Other conditions of the temporary recipient and the subrecipient, or relocation are not reasonable; or between the recipient (or subrecipient, (C) The program participant is as applicable). and the person owning or required to move to another unit in the controlling the property. lathe case of same builciirg or complex, and any one an option contract to acquire property, of the following situations occurs: the initiation of negotiations does not (1) The program participant is not become effective until execution of a offered reimbursement for all reasonable written agreement that creates a legally out-of-pocket expenses incurred in enforceable commitment to proceed connection with the move; • with the purchase, such as a purchase (2) The program participant is not agreement eligible to remain in the building or (d) Real property acquisition complex upon project completion; or requirements. Except for acquisitions (3) Other conditions of the move are described in 49 CFR 24,101(b)(1) not reasonable, through (5), the URA and the (iii) Notwithstanding the provisions of requirements of 49 CFR part 24, subpart paragraph (c)(2)(i) or (ii) of this section, B apply to any acquisition of real a person does not qualify as a property for a project where there are "displaced person" if: Continuum of Care funds in any part of {A) The person has been evicted for the project costs. serious or repeated violation of the (e) Appeals. A person who disagrees terms and conditions. of the lease or with the recipient's (or subrecipient's, if occupancy agreement; the eviction applicable) determination concerning complied. with applicable federal, State, whether, the parson qualities as a or local requirements (see § 578.91); and, displaced person, or the amount of the recipient or subrecipient determines relocation assistance for which the that the eviction was not undertaken for person is eligible, may file a written appeal of that determination with the recipient (see 49 CFR 24.19). A low- income person who is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the local HUD field office, § 578.85 Timeliness standards. (a) In general. Recipients mast initiate approved activities and projects promptly. (b) Construction activities. Recipients of funds for rehabilitation er new constriction must meet the following standards: (1) Construction activities must begin within 9 months of the later of signing Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012/Rules and Regulations ' 45461 (2) Distribute the appropriate portion of the funds to a subrecipient no later than 45 days after receiving an approvable request for such distribution from the subrecipient; and (3) Draw down funds at least once per quarter of the program year, after eligible activities commence. §578.87 Limitation on use of funds. (a) Maintenance of effort. Na aSslsta.ude pruvidled'under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith -based activities. (1) Equal treatment of program participants and program beneficiaries. (i) Program participants. Drgaaizaticns that are religious or faith based are eligible, on the same basis as any other organiTab on, to paricipate in the Continuum of Care program. Neither the Federal Government nor a State or local government receiving funds under the Continuum. of Care program shall discrirninate against an organization on the basis of the organi7ation's religious character or•affiliation. Recipients and subrecipients.of program funds shall not, in providing program assistance, discriminate against a program participant or prospective program. participant on the basis of religion or religious belief. (ii) Beneficiaries. In providing services supported in whole or in part with federal financial assistance, and in their outreach activities related to such services, program participants shall not discriminate.ageinst.current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a. religious practice. (2) Separaflon of explicit(yreligious activities. Recipients and subrecipients of Continuum of Care funds that engage in explicitly religious activities, including activities that involve overt religious content such as worship, religious instruction, or proselytization, must perform such activities and offer such services outside of programs that are supported with federal financial assistance separately, in timeor location, from the programs o_ services funded =der this part, and participation in. any such explicitly religious activities must be voluntary for - the program beneficiaries of the HUD - funded progrerns or services. (3) Religious identity. A faith -based organization that is a recipient or subrecipient of Continuum of Care program funds is eligible to use such funds as provided under the regulations of this part without impairing its independence, autonomy, expression of religious beliefs, or religious character. Such organization will retain its independence from federal, State, and local government, and may continue to carry out its mission, including the definition, development, practice, and expression of its religious beliefs, proy..ided that it does not use direct program funds to support. or engage in any explicitly religious activities, including activities that involve overt religious content, such as worship, religious instruction, or proselytization, or any manner prohibited by law. Among other thirgs, faith -based organizations may use space in their facilities to provide' program -funded services, without rempving or altering religious art, icons, scriptures, or other religious symbols. In addition, a Continuum of Care program -funded religious organization retains its authority'.over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organi7ation's mission. statements and other governing docusaents. (4) Alternative provider. If a program participant or prospective program participant of the Continuum of Care program supported by HUD objects to the religious character of an organivation that.provides services under the program, that organization shall, within a reasonably prompt time after the objection, undertake reasonable efforts to identify and refer the program participant to an alternative provider to which the prospective program participant has no objection. Except for services provided by telephone, the Internet, or similar means, the referral must be to an alternate provider in reasonable geographic proximity to the organisation making the referral. In malting the referral, the organization shall comply with applicable privacy laws and regulations. Recipients and subrecipients shall document any objections from program participants and prospective program participants and any efforts to refer such participants to alternative providers in accordance with the requirements of § 578.103(a)(13). Recipients shall ensure that all subrecipient agreements make organizations receiving program funds aware of these requirements. (5) Structures. Program funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used fox explicitly 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 conducting eligible activities under this part. When a structure is used for both eligible and explicitly religious activities, program funds may not exceed the cost of those portions of the acquisition, new construction, or rehabilitation that are att?iibutablo to eligible aotivitit s in. accordance with the cost accounting requirements applicable to the Continuum of Care program Sanctuaries, chapels, or other rooms that a Continuum. of Care program - funded religious congregation uses as its principal place of worship, however, are ineligible for Continuum of Care program -funded improvements. Disposition of real property after the term of the grant, or any change in the use of the property during the term of the grant, is subject togovercmentwide regulations governing real property disposition (see 24 CFR parts 84 and 85), (5) Supplernental funds. If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to • segregate the federal funds or • corn -min gle them. However, if the funds are commingled, this section applies to all of the commingled funds. (c) Restriction on combining funds. In a single structure or housing unit, the following types of assistance may not be combined; (1) Leasing and acquisition, rehabilitation, or new construction; (2) Tenant -based rental assistance and acquisition, rehabilitation, or new construction; (3) Short- or medium term rental • assistance and acquisition, rehabilitation, or new constuction; (4) Rental assistance and laasing; or (5) Rental assistance and operating. (d) Program fees. Recipients and subrecipients may not charge program participants program fees, § 578.89 Limitation on use of grant funds to serve persons defined as homeless under other federal laws. (a) Application requirement. Applicants that intend to serve unaccompanied youth and families with children and youth defined as homeless under other federal laws in paragraph (3) of the homeless definition in § 576.2 must demonstrate in their application, to HUD's satisfaction, that the use of grant funds to serve such persons is an equal .or greater priority than serving persons defined as homeless under paragraphs (1), (2), and (4) of the 45482 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012 /Rules 'and Regulations definition of homeless in § 575.2. To demonstrate that it is of equal or greater priority, applicants must show that it is equally or more cost effective in meeting the overall goals and objectives of the plan submitted under section 427(b)(1)(B) of the Act, especially with respect to children and unaccompanied youth. (b) Limit. No more than 10 percent of the fundo awarded to recipients within a single Continuum of Care's geographic area may be used to serve such persons. (c) Exception. The 10 percent limitation does not apply to Continuums in which the rate of homelessness, as calculated in the most recent point -in -time count, is less than one -tenth of one percent of the total population. § 578.91 Termination of assistance to program participants. (a) Termination of assistance. The recipient or subrecipient may terminate assistance to a program participant who violates program requirements or conditions of occupancy. Termination under this section does not bar the recipient or subrecipient from providing further assisi—Ance at a later date to the same individual or family. (b) Due process. In terminating assistance to a program participant, the recipient or subrecipient must provide a formal process that recognizes the rights of individuals receiving assistance under the due process of law. This process, at a minimum, must consist of: (1) Providing the program participant with a written copy of the program rules and the termination process before the participant begins to receive assistance; (2) Written notice to the program participant containing a clear statement of the reasons for termination; (3) A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (4) Prompt written notice of the final decision to the program participant. (c) Hard -to -house populations. Recipients and subrecipients that are providing permanent supportive housing for hard -to -house populations of homeless persons must exercise judgment and examine all extenuating circumstances in determining when violations are serious enough to warrant to subpopulations of homeless persons and its subrecipients must comply with termination so that a program and families who need the specialized the codes of conduct and conflict -of - participant's assistance is terminated supportive services that are provided in interest requirements under 24 CFR only in the most severe cases. the housing (e.g., substance abuse 85,36 (for governments) and 24 CFR addiction treatment, domestic violence services, or a high intensity package designed to meet the needs of hard -to- • reach homeless persons). While the §578,93 Fair Housing and Equal Opportunity. (a) Nondiscrimination and equal opportunity requirements. The nondiscrimination and equal housing may offer services for a opportunity requirements set forth in 24 particular type of disability, no CFR 5.105(a) are applicable. otherwise eligible individuals with (b) Housing for specific disabilities or families including an subpopulations. Recipients and individual with a disability, who may subrecipients may exclusively serve a benefit from the services provided may particular homeless subpopulation in be excluded on the grounds that they do transitional or permanent housing if the not have a particular disability. ., housing addresses a need identified by (c) Affirmatively furthering fair the Continuum of Care for the housing. A recipient must implement. its geographic area and meets one of the programs in a manner that affirmatively following: ' furthers fair housing, which means that (1) The housing may be limited to one the recipient must: sex where such housing consists of a ' (a) Affirmatively market their housing single structure with shared bedrooms end supportive services to eligible or bathing facilities such that the persons regardless of race, color, considerations of personal privacy and national origin, religion, sex, age, the physical limitations of the familial status, or handicap who are configuration of the housing make it least likely to apply in the absence of appropriate for the housing to be limited special outreach, and maintain records to one sex; of those marketing activities; (2) The housing maybe limited to a (2) Where a recipient encounters a specific subpopulation, so long as condition or action that impedes fair admission does not discriminate against . housing choice for current or any protected rhos under federal prospective program participants, nondiscrimination laws in 24 CFR 5.105 provide such information tithe (e.g., the housing may be lire ited to jurisdiction that provided the homeless veterans, victims of domestic certification of consistency with the violence and their children, or Consolidated Plan; and chronically homeless persons and (3) Provide program participants with families). information on rights and remedies . (3) The housing may be limited to available under applicable federal, State families with children. and local fair housing and ciiiil rights (4) If the housing has in residence at laws, least one family with a child under the (d) Accessibility and integrative age of 18, the housing may exclude housing and services for persons with registered sex offenders and persons disabilities. Recipients and with a criminal record that includes a subrecipients must comply with the violent crime from the project so long as accessibility requirements of the Fair the child resides in the housing. Housing Act (24 CFR part 100), Section (5) Sober housing may exclude 504 of the Rehabilitation Act of 1973 (24 persons who refuse to sign an CFR p art 8), and Titles II end Ill of the occupancy agreement or lease that Americans with Disabilities Act, as prohibits program participants from applicable (2B CFR parts 35 and 36). in possessing, using, or being under the accordance with the requirements of 24 influence of illegal substances and/or [ 'R 8.4(d), recipients must ensure that alcohol on the premises. their program's housing and supportive • (a) If the housing is assisted with services are provided in the most funds under a federal program that is integrated setting appropriate to the . )iTr/ itedby federal statute or Executive needs of persons with disabilities. Order to a specific subpopulation, the (e) Prohibition against involuntary housing may be ]i mited. to that family separation. The age and gender subpopulation (e.g., housing also of a child under age 18 must not be used assisted with funding from the Housing as abasis for denying any family's Opportunities for Persons with AIDS admission to aproject t)datreceives program under 24 CFR part 574 maybe funds under this part. limited to persons with acquired 576.95 Conflicts of interest.immunodeficiency syndrome or related . § diseases). (a) Procurement. For the procurement (7) Recipients may limit admission to of property (goods, supplies, or or provide a preference for the housing equipment) and services, the recipient Federal Register / Vol..77, No. 147 /Tuesday, July 31, 2012 / Rules and Regulations 45463 84,42 (for private nonprofit or anizations). b) Continuum of Care board members. No Continuum of Care board member may participate in or influence discussions or resulting decisions concerning the award of a grantor other financial benefits to the organization that the member represents. (c) Organizational _ conflict. An organizational conflict of interest arises When, because 'of aciivi$es or relationships with other persons or organizations, the recipient or subrecipient is unable or potentially unable to render impartial assistance in the provision of any type or amount of assistance under this part, or when a - covered person's, as in paragraph (d)(1) of this section, objectivity in performing work with respect to any activity • assisted under this part is or might be otherwise impaired. Such an organizational conflict would arise when a board member of an applicant participates in decision of the applicant concerning the award of a grant, or provision of other financial benefits, to the organization that such member represents_ It would also arise when an employee of a recipient or subrecipient participates in malting rent reasonableness determinations under § 578.49(b)(2) and § 578.51(g) and housing quality inspections of property under § 5 78.75 (b) that the recipient, subrecipient, or related entity owns. (d) Other conflicts. For all other transactions and activities, the .following restrictions apply*: (1) No covered person, meaning a person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient•or its subrecipients and who exercises or has exercised any functions or responsibilities with respect to activities assisted under this part, or who is in a position to participate in a decision - making process or gain inside information with regard to activities assisted under this part, may obtain a financial interest or benefit from an assisted activity, have a financial interest in any contract, subcontract, or agreement with respect to an assisted activity, or have a financial interest in the proceeds derived from an assisted activity, either for him or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or during the one-year period following his or her tenure. the same interests cr benefits as are being made available or provided to the group or class; and (Q) Any other relevant considerations. §578,97 Program income. (a) Defined. Program income is the income received by the recipient or subrecipient directly generated by a grant -supported activity. . . (b) Use. Program income earned dtuiag the giant 1. riii all'be retaiiigti by the recipient, and added to funds committed to the project by HUD and the recipient, used for eligible activities in accordance with the requirements of this part. Costs incident to the generation of program income may be deducted from gross income to calculate program income, provided that the costs have not been charged to grant funds. (c) Rent and occupancy charges. Rents and occupancy charges collected from.program participants are program income. In addition: rents and occupancy charges collected from residents of transitional housing may be reserved, in whole or in. part, to assist the residents from whom they are collected to move to permanent housing. § 578.99 Applicability of other federal requirements. In addition to the requirements set forth in 24 CPR part 5, use of assistance provided under thiq part must comply with the following federal requirements: (a) _Environmental review. Activities under this part are subject to environmental review by HtJD under 24 CFR part 50 as noted in § 578.31, (b) Section 6002 of the Solid Waste Disposal Act. State agencies and agencies of a political subdivision of a state that are using assistance under this part for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of Section 3003 of the Solid Waste Disposal Act, as amended withdrawn from his or her functions, by the Resource Conservation and responsibilities, or the decision -Waking Recovery Act In accordance with process with respect to the specific Section 6002, these agencies and activity in question; persons must: (D.) Whether the interest or benefit (1) Procure items designated in was present before the affected person guidelines of the Environmental was in the position described in Protection Agency (EPA) at 40 CFR part paragraph (c)(1) of this- section; 247that Contain the highest percentage (E) Whether undue hardship will of recovered materials practicable, result to the recipient, the subrecipient, consistent with maintaining a or the person affected, when weighed satisfactory level of competition, where against the public interest served by the purchase price of the item exceeds avoiding the prohibited conflict; $10,000 or the value of the quantity (2) Exceptions. Upon the written (F) Whether the person affected is a acquiredin the preceding fiscal year request of the 'recipient, HUD may grant member of a group or class of persons exceeded $10,000; an exception to the provisions of this intended to be the beneficiaries of the (2) Procure solid waste management section on a case -by -case basis, taldng assisted activity, and the exception will services in a manner that maximizes into account the cumulative effects of permit such person to receive generally energy and resource recovery; and the criteria in paragraph (d)(2)(ii) of this section, provided that the recipient has satisfactorily met the threshold requirements ofparagraph (d)(2)(ii) of this section. (i) Threshold requirements. HUD will consider an exception only after the recipient has provided the following documentation: - (A) Disclosure of the nature of the conflict, acco_manied by_ a written -assurance,•if the recipient is a government, that there has been public disclosure of the conflict and a description of how the public disclosure was made; an d if the recipient is a private nonprofit organization, that the conflict has been disclosed in accordance with their written code of conduct or other conflict -of -interest policy; and (B) An opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law, or if the subrecipient is a private nonprofit'organization., the exception would not violate the or anization's internal policies. (ii) Factors to be considered for exceptions. In determining whether to grant a requested exception after the recipient has satisfactorily met the threshold requirements under paragraph (c)(3)(i) of this section; HUD must conclude that the exception will serve to further the purposes .of the Continuum of Care program and the effective and efficient administration of the recipient's or subrecipient's project, taking into account the cumel ative effect of the following factors, as applicable: CA) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; (B) Whether en opportunity was provided for open competitive bidding or negotiation; : • (C). Whether the affected person has Paint Poisoning Prevention Act (42 §578.103 i?ecordkeeping requirements. U.S.C. 4821-4846), the Residential Lead -Based Paint Hazard Reduction Act (a) In general. The recipient and its of 1992 (42 U.S.C. 4851-4856), and subrecipients must establish and implementing regulations at 24 CFR part maintain standard operating procedures • 35, subparts A, B, H, J, K, M, and R for ensuring that Continuum of Care apply to 'activities under this program. program funds are used in accordance (g) Audit. Recipients and with the requirements of this part and subrecipients must comply with the must establish and maintain sufficient • audit requirements of OMB Circular A- records to enable HUD to determine 133, "Audits of States; Local . whether the recipient and its Governments, and Non-profit subrecipients are meeting the Organizations." requirements of this part, including: �r) Davis -Bacon Act. The provisions (1) Continuum of Care records. each of the Davis -Bacon Act do not apply to collaborative applicant must keep the this program. following documentation related to (i) Section 3 of the Housing and Urban Development Act. Recipients and •subrecipients must, as applicable, comply with Section 3 of the Housing and Urban Development Act of 1968 and its implementing regulations at 24 CFR part'135, as applicable. Subpart G—Grant Administration establishing and operating a Continuum of Care: (i) Evidence that the Board selected by the Continuum of Care meets the requirements of § 578,5(b); Cii). Evidence that the Continuum has been established and operated as set, forth in subpart B of this part, including published agendas and meeting minutes, an approved Governance Charter that is reviewed and updated annually, a written process for selecting a board that is reviewed and updated at least once every 5 years, evidence ' required for designating a single H1riIS for the Continuum, and monitoring reports of recipients and subrecipients; (iii) Evidence that the Continuum has prepared the application for funds as set forth in § 57B.9, including the designation of the eligible applicant to be the collaborative applicant. (2) Unified funding agency records. UFAs that requested, grant amendments from HUD, as set forth in § 578.105, must keep evidence that the grant amendment was approved by the Contnurrn. This evidence may include minutes of meetings at which the grant amendment was discussed and approved. (3) Homeless status. Acceptable evidence of the homeless as status is set forth in 24 CFR 576:500(b). (4) At risk of homelessness status. For those recipients and subrecipients that serve persons at risk of homelessness, the recipient or subrecipient must keep records that establish "at risk of homelessness" status of each individual or family who receives Continuum of Care homelessness prevention assistance. Acceptable evidence is found in 241:P'h 576,500(c), (5) Records of reasonable belief of ' imminent threat of .harm. For each program participant who moved to a different Continuum of Cara due to imminent threat of further domestic violence, dating violence, sexual assault, or striking under § 578.51(c)(3), 45464 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations (3) Must have established an affirmative procurement program for the procurement of recovered materials identified in the EPA guidelines. (c) Transparency Act Reporting. Section 872 of the Duncen Hunter Defense Appropriations Act of 2009, and additional requirements published by the Office of Management and Budget (OMB), requires recipients to § 578.i01 7echnioal assistance. report subawards made either as pass- • through awards, subrecipient awards, or (a) Purpose. -The purpose of vendor awards in the Federal Continuum of Care technical assistance Government Web site www.fsrs.gov or is to increase the effectiveness with its successor system. The reporting of which Continuums of Care, eligible award and subaward information is in applicants, recipients, subrecipients, , accordance with the requirements of the and UFAs implement and ariminister Federal Financial Assistance . their Continuum of Care planning.. Accountability and Transparency Act of process; improve their capacity to 2006, as Pmended by section 6202 of prepare applications; prevent the Public Law 110-252 and in OMB P.olicy separation of families in projects funded Guidance issued to the federal agencies under the Emergency Solutions Grants, on September 14, 2010 (75 FR 55669). Continuum of Care, and Rural Housing (d) The Coastal Barrier Resources Act Stability Assistance programs; and of 1982 (16 U.S.C. 3501 et seq.) may adopt and provide best practices in apply to proposals under this part, housing and services for persons depending on the assistance requested. experiencing homelessness. Ce) Applicability of OMB Circulars.. (b) Defined, Technical assistance The requirements of 24 CFR part 85— means the transfer of skills and Arimint atrative Requirements for Grants knowledge to entities that may need, but and Cooperative Agreements to State, do not possess, such skills and Local, and Federally Recognized Indian knowledge. The assistance may include, Tribal Governments and 2 CFR part but is not limited to, written • 225—Cost Principles for State, Local information such as papers, manuals, and Indian Tribal Governments (OMB guides, and brochures; person -to -person Circular A-87)—apply to governmental exchanges; web -based curriculums, recipients and subrecipients except training and Webinars, and their costs. where inconsistent with the provisions (c) Set -aside. HUD may set aside of this part. The requirements of 24 CFR funds snnV,ally to provide technical part 84—Uniform Administrative assistance, either directly by HUD staff Requirements for Grants and or indirectly through third -party Agreements with Institutions of Higher providers. Education, Hospitals, end Other Non- (d) Awards. From time to time, as Profit Organizations; 2 CFR part 230— HUD determines the need, HUD may • Cost Principles for Non -Profit advertise andcompetitively select Organizations (OMB Circular A-122); providers to deliver technical and 2 CFR part 220—Co'st Principles for assistance. HUD may enter into Education Institutions apply to the connects, grants, or cooperative nonprofit recipients and subrecipients, . agreements, when necessary, to except where inconsistent with the implement the technical assistance. provisions of the McKinney-Vento Act HUD may also enter into agreements or this part. with other federal agencies for awarding each recipient or subrecipient of (f) Lead -based paint. The Lead -Based the technical assistance funds. assistance under this part must retain: (i) Documentation of the original incidence of domestic violence, dating violence, sexual assault, or stalldng, only if the original violence is not already documented in the•program participant's case file. This maybe written observation of the housing or service provider; a letter,or other documentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom the victim has sought assistance; medical or dental records; court records or law enforcement records; or written certification by the Federal Register / Vo1. 77, No. 147 / Tuesday, July. 31, 2012 /Rules and Regulations 45465 program participant to whom the violence occurred or by the head of household. (ii) Documentation of the reasonable belief of imminent threat of further . domestic violence, dating violence, or sexual assault or stalking, which would include threats from a third -party, such as a friend or family member of the perpetrator of the violence, This maybe - written abservetien by -the housing or— • -• service provider; a letter or Other docn;inentation from a victim service provider, social worker, legal assistance provider, pastoral counselor, mental health provider, or other professional from whom the victim has sought assistance; current restraining order; recent court order or other court records; law enforcement report or records; communication records from the perpetrator of the violence or family members or friends of the perpetrator of the violence, including amens, voicemails, text messages, and social media posts; or a written certification by the program participant to whom the violence occurred or the head of household. (8) Annual income. For each program participant who receives housing assistance where rent or an occupancy charge is paid by the program participant, the recipient or subrecipient must keep the following documentation of annual income: (i) Income evaluation form specified by HUD and completed by the recipient or subrecipient; and (ii) Source documents (e.g., most recent wage statement, unemployment compensation statement, public benefits statement, bank statement) for the assets held by the program participant and income received before the date of the evaluation; • (iii) To the extent that source documents are anobteinable, awritten statement by the relevant third party (e.g., employer, government benefits administrator) or the written certification by the recipient's or subrecipient's intake staff of the oral verification by the relevant third party of the income the program participant • received over the most recent period; or (iv) To the extent that source documents and third -party verification are unobtainable, the written certification by the program participant of the amount of income that the program participant is reasonably expected to receive over the 3-month period following the evaluation. .(7) .Program participant records. In addition to evidence of "homeless" status or "at -risk -of -homelessness" status, as applicable, the recipient or subrecipient must keep records for each program participant that document: (i) The services and assistance provided to that program" participant, including evidence that the recipient or subrecipient has conducted an annual assessment of services for those program participants that remain in the program fox more than a year and adjusted the service package accordingly, and including case. management services. as . provided in § 578,37(a)(1)(ii)(F); and (ii) Where applicable, compliance with the termination of assistance requirement in § 578.91. . (8) Housing standards. The recipient or subrecipient must retain documentation of compliance with the housing standards in § 578.75(b), including inspection reports. (9) Services provided. The recipient or subrecipient must document the types of supportive services .provided under the recipient's program and the amounts spent on those services. The recipient or subrecipient must keep record th st these records were reviewed at least annually and that the service package offered to program participants was adjusted as necessary. (10) Match. The recipient must keep records of the source. and use of contributions made to satisfy the match requirement in § 578.73. The records must indicate the grant and fiscal year for which each matching contribution is counted. The records must show how the value placed on third party in -kind contributions was derived.. To the extent feasible, volunteer services must be • supported by the same methods that the organi ration uses to support the allocation of regular personnel costs. (11) Conflicts of interest. The recipient and its subrecipients must keep records to show compliance with the organiv-ationalconflict-of-interest requirements. in §.578.95(c), the Continuer of Care board conflict -of - interest requirements in § 578,95(b), the other conflict requirements in § 578.95 (d), a copy of the personal conflict -of -interest policy developed and implemented to comply with the requirements in § 578.95., and records supporting exceptions to the personal conflict -of -interest prohibitions. (12) Homeless participation. The recipient or subrecipient must document its compliance with the homeless participation requirements under § 578,75(g). (13) Faith -based activities. The recipient and its subrecipients must document their compliance with the faith -based activities requirements under § 578.87(b). (14) Affirmatively Furthering Fair Housing. Recipients and subrecipients must maintain copies of their marketing, outreach, and other materials used to inform eligible persons of the program to document compliance with the . requirements in § 578.93(c). (15) Other federal requirements. The recipient and its subrecipients must document their compliance with the federal requirements in § 578.99, aS applicable. . (16) Stkec. pigxttt and cmt,mctors, (i) The recipient must retain copies of all solicitations of and agreements with subrecipients, records of all payment requests by and dates of payments made to subrecipients, and documentation of . all monitoring and sanctions of subrecipients, as applicable. (ii) The recipient must retain documentation of monitoring subrecipients, including any monitoring findings and corrective actions required. (iii) The recipient and its subrecipients must retain copies of all procurement contracts and documentation of compliance with the procurement requirements in 24 CFR 85.36 and 24 CF'Rpart .84, - (17) Other records specified by HUD. The recipient and subrecipients must keep other records specified by HUD. (b) Confdar aliiy. In addition to meeting the specific confidentiality and security requirements for HIES data, the recipient end its subrecipients must develop and implement written procedures to ensure: (1) .All records containing protected identifying information of any individual or family who applies for and/or receives Continuum of Care assistance will be kept secure and confidential; (2) The "address or location of any family violence project assisted with Continuum of Care funds will not be made public, except with written authorization of the person responsible for tb.e operation of the project; and (3) The address or location'of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the recipient or subrecipient and consistent with. State and local laws regard in g privacy and obligations of confidentiality; (c) Period of record retention. All records pe in' g to Continuum of Care funds must be retained for the greater of 5 years or the period specified below. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records, (1) Documentation of each program participant's qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must 45466 Federal Register/Vol. 77, No, 147/Tuesday, July 31, 2012/Rules and Regulations be retained for 5 years after the expenditure of all funds from the grant under which the program participant eras served; and (2) Where Continuum of Care funds are used for the acquisition, new construction, or rehabilitation of a project site, records must be retained. until 15 years after the date that the project site is frst occupied, or used, by program, participants,. (d) .Access to records. (i) Federal Government rights. Notwithstanding the confidentiality procedures established under paragraph (b) of this section, HUD, the HUD Office of the Inspector General, and the Comptroller General of the United States, or anyof their authorized representatives, must have the right of access to all books, documents, papers, or other records of the recipient and its subrecipients that are pertinent to the Continuum of Care grant, in order to make audits,. examinations, excerpts, and transcripts. These rights of access are not limited to the required retention period, but last as long as the records are retain ed. (2) Public rights. The recipient insist provid.e citizens, public agencies, and other interested. parties with reasonable access to records regarding any uses of Continuum of Care funds the recipient received during the preceding 5 years, consistent with State and local laws regarding privacy and obligations of confidentiality and confidentiality requirements in this part (e) Reports. In addition to the reporting requirements in 24 CFR parts 84 and 85, the recipient must collect proposed reduction in the total number other sources, including citizen of units funded under the grant. comments, complaint determinations, • (2) Approval of substitution of the and litigation. recipient is contingent on the new (2) if HUD determines preliminarily recipient meeting the capacity criteria in that the recipient or one of its the NOFA under which the grant was subrecipients has not complied with a awarded, or the most recent NOFA. program requirement, HUD will give the Approval of shifting funds between recipient notice of this determination activities and changing subpopulations and an opportunity to demonstrate, is contingent on the change being within the time prescribed by HTJD and necessary to better serve eligible persons on the basis of substantial. facts and data within the geographic area' and ensuring that the priorities established under the NOFA in which the grant was originally awarded, or the most recent NOFA, are met. (b) For Continuums having more than one recipient. (1) The recipients or subrecipients may not make any significant changes to a project without prior HUD approval, evidenced by a grant amendment signed by HUD and the recipient. Significant changes include a change of recipient, a change of project site, additions or deletions in the types of eligible activities approved for a project, a shift of more than 10 percent from one approved eligible. activity to another, a reduction in the number of units, and a change in the subpapulation served. (2) Approval of substitution of the recipient is contingent on the new recipient meeting the capacity criteria in Remedial actions and sanctions for a the NOFA under which the grant was failure to meet a program requirement awarded, or the most recent NOFA. will be designed to prevent a Approval of shifting funds between continuation of the deficiency; to activities and changing subpopulations mitigate, to the extent possible, its is contingent on the change being adverse effects or consequences; and to necessary to better serve eligible persons prevent its recurrence. within the geographic area and ensuring (1) HUD may instruct the recipient to tcaffize recipient lies complied tNitli the requirements, HUD may change the method of payment to require the recipient to submit documentation before payment and obtain HUD's prior approval each time the recipient draws down funds, To obtain prior approval, the recipient may be required to manually submit its payment requests and supporting documentation to HUD in order to show that the funds to be drawn down will be expended on eligible activities in accordance with all program requirements. (3) If the recipient fails to demonstrate to HUD's satisfaction that the activities were carried out in compl once with program requirements, HUD may take one or more of the remedial actions or sanctions speri fled in paragraph (b) of this section.. (b) Remedial actions and sanctions. aridreport data on its use of Continuum - that the priorities established under the submit and comply with proposals for of Care funds in an Annual Performance NOFA in which the grant was originally action to correct, mitigate, and prevent Report (APR), as well as in any awarded., or the most recent NOFA, are noncompliance with program additional reports as and when required met. re _irements, including: by HUD. Projects receiving grant funds (c) Documentation of changes not li) Preparing and following a schedule only for acquisition, rehabilitation, or requiring a grant amendment. Any other of actions for carrying out activities and new construction must submit APRs for changes to an approved grant or project projects affected by the noncompliance, 15 years from the date of initial must be fully documented in the • including schedules, timetables, and occupancy or the date of initi al service recipient's or subrecipient's records. milestones necessary to implement the provision, unless HUD provides an §578.i07 Sanctions. affected activities and projects; exception under § 578.82(e). (ii) Establishing and following a (a) Performance reviews. (1) HUD will management plan that assigns g 578.105 Grant and project changes. review the performance of each responsibilities for carrying out the (a) For Unified Funding Agencies and recipient in carrying out its remedial actions; Continuums having only one recipient. responsibilities under this part, with or OE) Canceling or revising activities or (1) The recipient may not make any without prior notice to the recipient. In projects likely to be affected by the significant changes without prior HUD conducting performance reviews, HUD noncompliance, before expending grant approval, evidenced by a grant will rely primarily on information funds for them; amendment signed by HUD and the obtained from the records and reports (iv) Reprogramming grant funds that recipient. Significant grant changes . from the recipient and subrecipients, as have not yet been expended from include a change of recipient, a shift in well as information from on -site affected activities or projects to other a single year of more than 10 percent of monitoring, audit reports, and eligible activities or projects; the total amount awarded under the information generated from HIJD's (v) Suspending disbursement of grant grant for one approved eligible activity financial and reporting systems (e.g., funds forsome or all activities or category to another activity and a LOCOS and e-snaps) and HMIS. Where projects; permanent change in the subpopulation applicable, HUD may also consider (vi) Reducing or terminating the served by any one project fundedunder relevant information pertaining to the remaining grant of a subrecipient and the grant, as well as.a permanent recipient's performance gained from either reallocating those funds to other . federal Register 1 Vol. 77, No. 1471.Tuesday, July 31, 2012 /Rules and Regulations • 45467 subrecipients or returning funds to HUD; and (vii) Malang matching contributions before or as draws are made from the recipient's grant. (2) HUD may change the method of payment to a reimbursement basis. (3) HUD may suspend payments to the extent HUD determines necessary to preclude the further expenditure of funds for affected activities or projects.. (4) Hinj may continue the grant with a substitute recipient of HUD's choosing. (5) HUD may deny matching credit for all or part of the cost of the affected activities and require the recipient to make further matching contributions to make up for the contribution determined to be ineligible. (6) HUD may require the recipient to reimburse the recipient's line of credit in an amount equal to the funds used for the affected activities. (7) HUD may reduce or terminate the remaining grant of a recipient (8) HUD may condition a future grant (9) HUD may take other remedies that are legally available. (c) Recipient sanctions. If the recipient determines that a subrecipient is not complying with a program requirement or its subrecipient agreement, the recipient must take one of the actions listed in paragraphs (a) and (b) of this section. (d) Deobligation. HUD may deobligate funds for the following reasons: (1) If the timeliness standards in § 578.85 are notmet; (2) If HUD determines that delays completing construction activities fora project will mean that the funds for other funded activities cannot reasonably be expected to be expended for eligible costs during the remaining term of the grant; (3) If the actual total cost of acquisition, rehabilitation, or new construction for a project is less than the total cost agreed to in the grant agreement; (4) If the actual annual leasing costs, operating costs,, supportive services costs, rental assistance costs, or HMS costs are less than the total cost agreed to in the grant agreement for a one-year period.; (5) Program participants have not moved into units within 3 months of the time that the units are available for occupancy; and (6) The grant agreement may set forth in detail other circumstances under which funds may be deobligated and other sanctions may be imposed. §578.109 Closeout (a) In general. Grants will be closed out in accordance with the requirements of 24 CFR parts 84 and 85, and closeout procedures establishedby HUD. (b) Reports. Applicants must submit all reports required by HUD no later than 90 days from the date of the end of the project's grant term. (c) Closeout agreement. Any obligations remaining as of the date of the 'closeout must be covered by the terms of a closeout agreement The agreement will be prepared by HUD in consultation with the recipient. The agreement must identify the grant being closed out, -and include provisions with. respect to the following: (1) Identification of any closeout costs or contingent liabilities subject to payment with Continuum of Care program funds after the closeout agreement is signed; (2) Identification of any unused grant funds to be deobligated by HUD; (3) Identification of any program income an deposit in financial institutions at the time the closeout agreement is signed; (4) Description of the recipient's responsibility after closeout for: (i) Compliance with all program requirements in using program income on deposit at the time the closeout agreement is signed and in using any other remaining Continuum of Care program funds available for closeout costs and contingent liabilities; (ii) Use of real property assisted with Continuum of Care program funds in accordance with the terms of commitment and principles; (iii) Use of personal property purchased with Continuum of Care program funds; and (iv) Compliance with requirements governing program income received subsequent to grant closeout (6) Other provisions appropriate to any special circumstances of the grant closeout, in modification of or in addition to the obligations in paragraphs (c)(1) through (4) of this section. Dated: June 28,.2012, Mark Johnston, Assistant Secretary for CommunityPlanning and Development (Acting). [FR Doc. 2012-17540 Filed 7-30-12; 8:45 and erLuws CODE 421C-87-P 1. Scope of Service 2. eSnaps US HUD Renewal Application Review 3. eSnaps US HUD Applicant Renewal Adjustment 4. eSnaps excerpts US HUD HEARTH Renewal Project application ATTACHMENT B "Scope of Service, Program and Performance, and Budget" Scope of Service FL0211L4D001205 City of Miami Outreach The Subrecipient shall provide one thousand eight hundred eighty-seven (1,887) outreach contacts and at Ieast two hundred -thirty-nine (239) CoC Homeless Assistance placements of homeless families and individuals during the one .(1). year Grant term. The Subrecipient will participate in the Continuum of Care's established Coordinated Intake and Assessment process, to include the acceptance of referrals through the centralized referral process, and the utilization of required certifications. Referral wilt be accepted from emergency shelters, transitional housing facilities, outreach teams and other service providers in the Continuum of Care. The Subrecipient shall provide services as proposed in the application to U.S. HUD pursuant to the 2012 NOFA (incorporated herein by reference). including but not limited to: 1. Extensive outreach; 2. Initial assessment and evaluation for residential stability; 3. Placement services includingemergency, safe havens, transitional and permanent housing; 4. Placement may include temporary hotel or motel if applicable and available; • 5. Referral and placement to all appropriate and available housing; 6. Referral to .all applicable mainstream services and programs; 7. Transportation assistance services; and 8. Seven (7) day follow up to all services provided, Conditions: 1. Reimbursements shall be limited to leasing, operations, supportive services, project administration, and the costs associated with these activities as described in the Sub recipient's application, and approved by the Recipient. Reimbursement shall be made only for the costs incurred for operations, administration and supportive services actually provided to program participants, unless the Recipient agrees, in writing, to another mode of payment as provided for in this Agreement; 2. The Subrecipient is responsible for matching all eligible, allowable, allocable funds (except leasing) by providing documentation verifying the 25% cash or in -kind value expended; 3. Monthly progress reports and program narratives signed by the Subrecipient's Executive Director or duly. authorized designee shall be submitted, as required; 4. The Subrecipient shall serve program participants (clients) referred by the Recipient within available resources or its designee for housing and or services through the Recipient'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 Recipient; and 7, The Subrecipient shall achieve the performance measures delineated in their application to U.S. HUD and in 24 CFR Part 578 CoC Homeless Assistance Program, ATTACHMENT B "Technical Submission includes Scope of Service, Program and Budget" Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 Project and Recipient information I. Awarded Grant Number: FL0211 L4D001205 2. Project Name: Miami Homeless Assistance Program 3. CoC Number and Name: FL-600 - Miami/Dade County CoC 4. Recipient Legal Name: Miami -Dade County 5. EIN/TIN: 59-6000573 6a. DUNS Number. 004148292 6b. DUNS Extension: HUD Award Information Renewal Applicant Submission• HUD Award Change indicated 7. Component Type: SSO SSO . _ 8. Grant Term: 1 Year 1 Year 9. Rental Assistance Type: N/A - 10. WIII the project provide RRH? No Budget Summary Eligible Activities . Annual Amount Requested (Renewal Applicant Submissio n) Annual Amount Requested (HUD Award) Grant Term (Renewal Applicant Submissio n) Grant Term (HUD Award) Total Requested for Grant Term (Renewal Applicant Submission) Total Requested For Grant Term (HUD Award) . r 1a. Leased Units :.:$0 ?-"-__-'$0 ' 1 Year 1 Year $0 $0 1b. Leased Structures ;'. $0 _ ::';` :.. $0 -:;"1 Year 1 Year ` $0 •$0 2- Short -Medium Term Assistance = $0 , • -$0 .• : 1 Year : - 1 Year $0 $0 3, Long-term Rental• Assistance : $0 ....::....:. : "- ... $0 ..:.. , . 1 Year .. :.:... Year 1.. " . :" - $0 ,. ... " $0 .. 4. Supportive Services • :$239,116 "- $239,116 ; 1.Year_. .1.Year .....: $239,116 . ..$239,116 5. Operating $0 •,_.. ...:.$0 ` 1 Year.: 1 Year :::: : " .: ` $0 : $0 6. HMIS ;:.• $0 ". ..' •. .$0 1 Year' 1 Year :. .. . $0 • , .. $0 7. Sub -total Activities Reque'St • $239,116 $239,1.16 8. Admln (Up to 7%). • "' $16,737 •.. $16,737 9.Total Activities Request .:.$255,853 . $255,653 10. Cash Match :.`' $63,963 . . " . " .$63,963 11. In -Kind Match HUD Renewal Application Review Page 1 07/02/2013 \ Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 12. Total Match 13. Total Budget 0041482920000 FLO211L4D001205 $03,963 $63,963 $319,818 • $319,816 HUD Renewal Application Review Page 2 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 5A. Project Participants - Households Instructions: In each white field list the number of households or persons served at maximum program capacity. The numbers here are intended to reflect a single point in time at maximum occupancy and not the number served over the course of a year or grant term.. Dark grey cells are not applicable and light grey cells will be totaled automatically.. Households: This column is automatically populated.with Total Number of Households. Please note that these categories have changed as of the implementation of HEARTH and the new CoC regulations. This is the first time total households have been subdivided into the following columns. Households with at least One Adult. and. One Child: Enter the total number of households with at least one adult and one child. To fall under this column and household type, there must beat least one person at or above the age of 18, and at least one person under the age of 18. Adult Households without Children: Enter the total number of adult households without children. To fall under this column and household type, there must be at least one person at or above the age of 18, and no persons under the age of 18. Households with Only Children: Enter the total number of households with only children. To fall under this column and household type, there may not be any persons at or above the age of 18, and only persons under the age of 18. Characteristics: This column is automatically populated with standard reporting categories determined by HUD. Please note that these categories have changed as of the implementation of HEARTH and the new CoC regulations. Most significantly, a new age range of 18 to 24 has been included to capture the expanded HUD definition of Youth as persons under the age of 25. Persons in Households with at least One Adult and One Child: Enter the number of persons in households with at least one adult and on child for each demographic row. To fall under this column and household type, there must be at least one person at or above the age of 18, and at least one person under the age of 18. Adult Persons In Households without Children: Enter the number of persons in households without children for each demographic row. To fall under this column and household type, there must be at least one person at or above the age of 18, and no persons under the age of 18. Persons in Households with Only Children: Enter the number of persons in households with only children for 'each demographic row. To fall under this column and household type, there may not be any persons at or above the age of 18, and only persons under the age of 1B. Totals: All total field will calculate automatically when at least one household field and one persons field is entered and saved. Households Total Number of Households Characteristics Disabled Adults over age 24 Households with at Least Ono Adult and One Child 239 Persons in Households with at Least One Adult and One Child 239 Adult Households without Children • 1,887 Adult Persons In Households without - Children 1,764 Households with Only Children Persons in Households with Only. Children WirAlpilgokh Total 2,126 • Total 2,003 Applicant. Renewal Adjustment Page 9 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program Non -disabled Adults over age 24 Disabled Adults ages 1 B-24 Non-dlsabled Adults ages 18-24 Accompanied DisabledChildren under age 18 Accompanied Non -disabled Children under age 18 ': Unaccompanied Disabled Children under age 18 Unaccompanied Non -disabled Children underage 18 Total Number of Adults over age 24 Total Number of Adults ages 18-24 Total Number of Children underage 18 Total Persons. ,_ 0041482920000 FLO211L4D001205 440 r ti.1 4S- 239 0 44b 679 47 63 13 1,811 76 • 1,887 0 Click Save to automatically calculate totals 47 63 13 .0 440 0 0 2,050 -76 440 2,566 Applicant Renewal Adjustment Page 10 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 004148292000Q FL0211L4D001205 Disabled Adults over age 24 1 1 17 Non -disabled Adults over age 24 Disabled Adults ages 18-24 Non -disabled Adults ages 18-24 • Disabled Children under age 18 Non -disabled Children under age 1.8 • L,r._'_``ati. s' ` 1',F.: +=it__ ; > Total Persons 0 - ' 0 1 1 . '0 • 17 0 Click Save to automatically calculate , otais olds without Children • : Characteristics ... ...... Chronically Homeless . Non- .- Veterans Chronically Homeless Veterans Non- Chronically Homeless Veterans Chronic Substance Abuse •Persons with HIV/AIDS Severely ...Domestic Mentally III Victim of Violence Disabled Adults over age 24 0 . 25 34 67 25 181 0 Non -disabled Adults over age 24 0 0 40 47 0 0 5 Disabled Adults ages 18-24 0 0 13 63 9 39 0 Non -disabled Adults ages 18-24 0 1 • 12 0 0 0 7 Total Persons . • 0 .• 26 • 99 177 34 220 • 12 Click Save to automatically calculate totals ith Only Children Characteristics Chronically Homeless Non- :'Veterans Chronically Homeless Veterans . .:• Chronically Homeless Veterans Chronic Substance Abuse - . Persons with HWV/AIDS . .... ... -: 'Severely Mentally III Victims of. Domestic Vlolence Accompanied Disabled Children under age 18f..i s = Stfr Accompanied Non -disabled Children under age 18 :_y a ;,t.e"s • Unaccompanied Disabled Children udder age 18 -j Unaccompanied Non -disabled Children underage 18 ' r' LIZJ '4-$ -, Total Persons 0. 0 0 0 D Applicant Renewal Adjustment Page 12 07102/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 5C. Outreach for Participants instructions: Complete all fields on this form, as appropriate. Please ensure .that the information provided is both accurate and complete in fight of the implementation of the HEARTH Act and the new Continuum of Care Regulations. 1. Enter the percentage of homeless person(s) who will be. served by the proposed projectfor each of the:following locations: (required) Enter a. percentage (between 0% and 100°/0) in each field corresponding to the following places that your clients will be corning from: - Directly from the street or other locations not meant for human habitation • - Directly from emergency shelters - Directly from safe havens - From transitional housing and previously resided in a place not meant for human habitation or emergency shelters, or safe havens - Persons at imminent risk of losing their night time residence - Homeless persons as defined under other federal statutes - Persons fleeing domestic violence Total of above percentages: The percentages entered will automatically sum when all required fields are entered and saved. A warning message will appear if the total is greater than 100%. 2. If the total is less than 100%, identify the other location(s) and how the persons meet HUD's definition -of homeless: (required only if total less than 100%) indicate all other places from which homeless persons enter the project, in the text box provided. 3. Describe the outreach plan to• bring these homeless participants into the project (required) Describe how the applicant/subrecipient plans to bring homeless persons into the project. Also describe the contingency plan that the applicant/subrecipient will implement if the project experiences difficulty in meeting the Bonus requirements to serve exclusively homeless and disabled individuals and families. The contingency plan may include re-evaluating the intake assessment procedures or outreach plan. Additional Resources: Application Detailed Instructions. http:/lesnaps.hudhre.info http://www,h udhre.info/index.cfm?do=viewHomelessAndHousingProgramInfo 1. Enter the percentage of homeless person(s) who will be served by .the proposed project for each of the following locations. 92% Directly from the street or other locations not meant for human habitation. 6% Directly from emergency shelters. Directly from safe. havens. 2% From. transitional housing and previously resided In a place not meant for human habitation or emergency shelters, or safe havens. Persons at imminent risk of losing their night time residence. • Homeless persons as defined under other federal statutes. Persons fleeing domestic violence. 100% Total of above percentages Applicant Renewal Adjustment Page 13 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 7F. Supportive Services Budget Instructions: Note: Data can only be entered under the Adjustment columnof this form. Data under the Renewal Submission column populates from the project application. Data under the HUD Award column populates from the HUD conditional award. The total amount for this budget line item cannot be adjusted during the resolution of issues and conditions. . Enter the quantity and total budget request for each supportive services cost. The request entered should be equivalent to the cost of one year of the relevant supportive service. Please ensure that the information provided is both accurate and complete in light of the implementation of the HEARTH Act and the interim CoC program regulations, effective August 30, 2012. Eligible Costs: The system populates a fist of eligible supportive services for which funds can be requested. The costs listed are the only costs allowed under the CoC Program regulations. Refer to the CoC Program rule for details on eligible supportive services costs. Quantity Description: (required) Enter the quantity in detail (e.g. 1 FTE Case Manager Salary + benefits, or child care for 15 children) for each supportive service activity for which funding is being requested. Annual Assistance Reque.sted: (required) For each grant year, enter the amount ($) requested for each activity. The amount entered must only be the amount that is DIRECTLY related to providing supportive services to homeless participants. Total Annual Assistance Requested: Thls field Is automatically calculated based on the sum of the annual assistance requests entered for each activity and is read only. Grant Term: Read Only Total Request for Grant Term: Read Only All automatic fields will be calculated once the required field has been completed and saved. Additional Resources: Application Detailed Instructions http://esnaps.hudhre.info http://www.hudhre.info/index.cfm?do=viewHomelessAndHousingProgramInfo A description must be entered for Quantity. Anycosts without a Quantity description will be removed from the budget. Eligible Costs Quantity Description (max 400 characters) '• (Renewal Submission) Annual Assistance Requested (Renewal Submission) Annual Assistance Requested (HUD Award) Quantity Description (max 400 characters) (Adjustment) Annual Assistance Requested (Adjustment) 1. Assessment of Service Needs • . 2. Assistance with Moving Costs - , 3. Case Management 4. Child Care 5. Education Services 6, Employment Assistance ' Applicant Renewal Adjustment Page 15 07/02/2013 Applicant: Miami -Dade County . 0041482920000 Project: Miami Homeless Assistance Program . CFLO211 L4D001205 7. Food 8. Housing/Counseling Services 9. Legal Services 10. Life Skills 11. Mental Health Services 12. Outpatient Health Services • 13. Outreach Services 12 Community Outreach Specialists, Fringe Beneflts,Teiephone, Copier rental, Emergency food, Supplies $239,116 14, Substance Abuse Treatment Services 15. Transportation 16. Utility Deposits 17.Operating Costs 18, Security Deposits Total Annual Assistance_,. Requested Grant Term $239,116 $239,1.16 12 Community Outreach Specialists, Fringe• Benefits,Telephone, Copier rental, Emergency food, Supplies $239,116 so $239,116 1 Year 1 Year Total Request for Grant Term $239,116 $239,116 1 Year $239,116 • Click the 'Save' button to automatically calculate totals. Applicant Renewal Adjustment Page 16 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 71. Summary Budget Instructions: Note: Data can only be entered under the Adjustment column of this form. Data under the •Renewal Submission column populates from the project application. Data under the HUD Award column populates from the HUD conditional award. The total requested amount for this summary budget cannot be adjusted during the resolution of issues' and conditions. The system populates a summary budget based on the information entered into each preceding budget form. Review the data and return to the previous forms to correct any inaccurate information, All fields are read only with exception to the Cash Match and In -Kind Match fields. Cash Match: (required) Enter the total amount of funds ($) that the applicant will use for the project provided by sources other than the CoC program grant. In -Kind Match: (required) Enter the total dollar value of non -cash resources that the applicant will use for the project provided by sources other than the CoC program grant. • Total Match: This field will automatically calculate the total combined value ($) of the Cash and In -Kind Match. The total match must equal 25% of the request listed in the field "Total Eligible Costs Request' -minus the amount requested for Leasing Units and Structures. There is no upper limit for Match. If an ineligible amount is entered, the system will report an error and prevent application submission when the form is saved. ' Cash and In -Kind Match entered into.the budget must qualify as eligible program expenses under the CoC program regulations. Compliance with eligibility requirements will be verified at grant agreement. • The total values are automatically calculated by the system when you click the "Save" button. The following information summarizes the funding request for the total term of the project. However, the appropriate amount of cash and in -kind match and administrative costs must be entered in the available fields below. Eligible Costs Annual Assistance Requested (Renewal Submission) Annual Assistance Requested (HUD Award) Annual. Assistance Requested (Adjustment) Grant Term (Rene wal Submi ssion) Grant Term (HUD Award) Grant Term (Adjust . ment) Total Assistance Requested for Grant Term (Renewal Submission) Total Assistance Requested for Grant Term (HUD Award) Total. Assistance Requested for Grant Term (Adjustment) Budget Chang e (Adjust merit) la, Leased Units $0 $0 $0 1 Year 1 Year 1 Year • $0 $0 $0 1b, Leased Structures $0 $0 -: $0 1 Year 1 Year 1 Year $0 $0 . $0 3. Short- term/Medium-term Assistance $0 . • $0 $0 1 Year 1 Year 1 Year $0 $0 • $0 4. Long-term Rental Assistance $0 $0 - •• -' - ' $0 1 Year 1 Year 1 Year $0 $0 $0 5. Supportive Services $239,116 • $239,116 $239,116 1 Year - 1 Year 1 Year $239,116 . . $239,116 $239,116 6. operating $0 $0 ..$0 1 Year 1 Year 1 Year $0 $0 $0 Applicant Renewal Adjustment Page 17 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 7. HMIS 8. Sub -total Costs Requested 9. Admin (Up to 10%) 10. Total Assistance plus Adrpin Requested 11. Cash Match 12. In -Kind Match 13. Total Match 14. Total Budget 0041482920000 FL0211L4D001205 $Ol $01 $0I 1 Year 1 Year 11 Year $o $239,116 $16,737 $255,853 $a $239,116 $16,737 $255,853 so $239,116 $16,737 $255,853 $63,963 • $63,963 $63,963 $63,963 $63,963 • •$63,963 $319,816 ,$319,816 $319,B16 Applicant Renewal Adjustment Page 18 I 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 D. Congressional District(s) Instructions: • 14. Areas Affected By Project: (required) Select the State(s) in which the proposed project will operate and serve homeless persons. The state(s) selected will determine the list of geographic areas and congressional districts displayed elsewhere in this application. . 15. Descriptive Title of Applicant's Project: This field is populated with the name entered on the Project form when the project application was initiated. Return to the Project form to make changes to the name. 16. Congressional District(s): a. Applicant: This field is populated from the Applicant Profile. Applicants cannot modify the populated data on this form. However, applicants may modify the Applicant Profile to correct any errors identified. • b. Project: (required) Select the congressional district(s) in which the project operates. For new projects, select the district(s) in which the project is expected to operate. 17. Proposed Project Start and End Dates: (required) Indicate the operating start and end date for the project. For new project applications, indicate the estimated operating start and end date of the project. • 18. Estimated Funding: Leave these fields blank. 'Additional Resources: Application Detailed Instructions (on left menu) . http://esnaps.hudhre.info 14. Area(s) affected by the project (State(s) Florida only): (for multiple selections hold CTRL key) 15. Descriptive Title of Applicant's Project: Miami Homeless Assistance Program 16. Congressional District(s): a. Applicant: FL-020, FL-021, FL-018, FL-017, FL-025 b. Project: FL-018, FL-017 (for multiple selections hold CTRL key) 17. Proposed Project a. Start Date: 06/01/2013 b. End Date: 05/31/2014 HEARTH Renewal Project Application Page 6 07/02/2013 Applicant: Miami -Dade County Project: Miami .Homeless Assistance Program 0041482920000 FL0211L4D001205 2A. Project Subrecipients This form fists the subrecipient organization(s) for the project. To add a subrecipient, select the icon. To view or update subrecipient information already listed, select the view option. • Total Expected Sub -Awards: $255,853 Organization - Type _ • , - Sub - Award Amount City of Miami C. City or Township Government $255,853 HEARTH Renewal Project Application Page 11 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 a. Organization Name City of Miami ;b. Organization Type C. City or Township Government If "Other" specify: c. Employer or Tax Identification Number: 59-6000375 *d.Organizational DUNS: 118890230 PL US ' 4 e. Physical Address Street 1 444 SW 2nd Avenue, 5th Floor Street 2 City Miami. State Florida Zip Code 33130 f. Congressional'District(s): FL-018, FL-017 (for multiple selections hold CTRL key) g, Is the subrecipient a Faith -Based No Organization? h. Has the subrecipient ever received a Yes federal grant, either directly from a federal agency or through a State/local agency? is Expected Sub -Award Amount: $255,853 j. Contact Person Prefix Mr. First Name Sergio Middle Name Last Name Torres HEARTH Renewal Project Application Page 13 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 PL0211L4D.001205 Suffix Title Program Administrator E-mail Address storres@miamigov.com Confirm E-mail Address storres@miamigov.com Phone Number 305-576-9900 Extension Fax Number 305-576.9967 HEARTH Renewal Project Application Page 14 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211 L4 D001205 3A. Project Detail Instructions: Complete all fields on this form, as appropriate. Please ensure that the information provided is both accurate and complete in light of the implementation of the HEARTH Act and the interim CoC program regulations, effective August 30, 2012. The selections made on this form will determine the remaining forms that must be completed with this application.. 1. Expiring Grant Number: Thisfield is populated with the expiring grant number entered as the "Federal Award Identifier" on form 1A. Application Type of this application. 2a. CoC Number and Name: Select the appropriate Continuum of Care (CoC) number and name. The CoC Name is defined by geography and is independent of the legal name of the authorized CoC lead agency. 2b. CoC Applicant Name: (required) Select the appropriate authorized CoC collaborative applicant. The CoC applicant name corresponds with the CoC collaborative applicant with which the project applicant is choosing to submit their application. This collaborative applicant will receive the application and determine whether to include it with the CoC application submission to HUD. In the extremely rare instance that two different CoC collaborative applicants are applying under the same CoC number, the project applicant must select the appropriate CoC collaborative applicant name from the available options. it is incumbent upon the project applicant to correctly identify the appropriate CoC collaborative applicant name. Project applicants who are unsure of which CoC collaborative applicant name to select should contact their preferred CoC collaborative applicant. 3. Project Name: This field is populated with the FY2012 project name from the Project form used to create the projectin e-snaps. Return to the Project form to make changes to the name. 4. Project Status: This field is populated with the option "Standard" and should only be changed to "Appeal" for projects that are appealing a CoC's decision to reject the application. All other projects should leave the field with the option "Standard." If "Appeal" is selected, an additional Appeal form will become visible toward the end of the application and additional attachments will be required on the attachments form. 5. Component Type: Select the component that appropriately identifies the project. The component type selected here must match the component type listed in the HUD -approved FY2012 GIW. • • 6. Energy star: (required)•Select Yes or No to indicate whether or not energy star is being (or willbe) used at one or more of the properties that will receive assistance using the requested funds. • 7. Title V: (required) Select Yes or No to indicate whether or not one or more of the project properties has been conveyed under Title V. . Additional Resources: Application Detailed Instructions (on left menu) http:/lesnaps.hudhre.info • http://www.hudhre.info/coc/ • 1. Expiring Grant Number: • FLO211 B4D001104. (e.g., the 'Federal Award ldentlfier" indicated on form 1A. Application Type) HEARTH Renewal Project Application Page 15 07/02/2013 Applicant: Miami -Dade County Project; Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 2a. CoC Number and Name: FL-600 - Miami/Dade County CoC 2b. CoC Applicant Name: Miami -Dade County 3. Project Name Miami Homeless Assistance Program 4. Project Status Standard .5. Component Type: SSO 6. is Energy Star used at one or more of the No proposed properties? 7. Does this project use one or more No properties that have been conveyed through the Title V process? HEARTH Renewal Project Application Page 16 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 1. Provide a description that addresses the entire scope of the proposed project. The Mission of the City of Miami Homeless Assistance Program (MHAP) is to provide Outreach, Assessment and Placement, Information and Referral supportive services only to homeless individuals and families in a caring and professional manner and to employ and train formerly homeless men and women. Our goals are: To identify, and engage homeless individuals and to place them -into appropriate housing whenever possible: To significantly reduce the number of homeless individuals and families in the City of Miami. The MHA Program provides. Outreach, Assessment, Placement, Information Referral, and Transportation services homeless individuals with co -occurrences of mental illness, drug and alcohol abuse as well as families within the City of Miami jurisdiction. MHAP's clients typically are: families, veterans, chronically homeless; over 70% have co -mental illness, drug or alcohol abuse issues. MHAP•operates.street sweeps twenty four hours a day, seven days a week, MHAP currently employs thirty two formerly homeless persons as Community Outreach Specialists (COS). They are assigned as teams of two and network with the Citys thirteen Neighborhood Enhancement Team Offices (NET). As part of NET, MHAP carries out various community projects, such as building . condemnations and site clean-ups, during which homeless individuals may be discovered taking shelter. MHAP assists the homeless or near homeless during these operations by transitioning them to safe shelter and connecting them to other supportive services. MHAP and is also responsible for the operation of the Indoor Meal Program, an initiative established on 2002 by the Commission of the City of Miami to organize the large number of individuals and religious organization feeding the homeless on city streets. The initiative was able to bring 52 organizations and individuals to provide food to the homeless in four different venues in a hygienic and humane fashion, Goals & Objectives: Provide outreach services to individuals and families during the program year. All persons contacted will be assessed. Persons contacted will be placed into appropriate housing as determined by their assessment. Persons placed into appropriate housing will maintain the placement for 7 days. Program Eligibility Requirements: The program specifically targets persons living on the streets, so clients need only to present themselves to receive services. Number of Clients and Population Served: The program provides services to homeless individuals and families during the program year. The program targets persons who are living on the streets. Hours of Operation: The program operates 24 hours a day, 7 days a week. 2. Do you plan on serving youth under No category 3 of the HUD homeless definition, "unaccompanied youth and families with children who are defined as homeless under other federal statutes and who do not otherwise qualify as homeless under this definition"? (Your CoC must request and receive HUD approval before project applicants can serve youth under category 3) HEARTH Renewal Project Application Page 19 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 4C. HMIS Participation Instructions: 1. Does this project provide client level data to•the HMIS at least annually? (required) Select Yes of No.from the drop down menu. • 2a. Indicate the reason for non -participation in the HMIS: (required'if No to• 1) If No selected for question 1, select one or more of the following reasons for not participating in the CoC's HMIS: Federal law prohibits, State law prohibits, New project not yet operating, and other. 2b: For Federal/State prohibition, cite the applicable law. For 'Other' provide explanation: Use the text box provided to detail 2a. Indicate the number of clients served from 1/112011—1.2/31/2011, indicate the number reported in the HMIS: This question will only be visible if Yes selected for question 1. Only' positive integers will be accepted. This is a cumulative yearly count of clients served. 2b. Of the clients served from 1/1/2011 — 12/31/2011, indicate the number reported in the HMIS: Indicate a number that is smaller.than or equal to the answer in 2a. Ohly positive integers will be accepted. • 3. Indicate in the grid below the percentage of HMIS client records with 'null or missing values' or 'unknown values': This question will only be visible if Yes selected for questionl . At least one value must be entered into the grid. Indicate in the applicable fields What percentage of each data .element are null or missing values, and what percentage of each data element were reported as 'Don't' know or refused'. Additional resources: Application Detailed Instructions (on left menu) http://esn.aps.hudhre.info • http://www.hudhre.info/coc/ 1. Does this project provide client level Yes data to HMIS at least annually? Click on the "Save" button below to enter additional information. 2a. Indicate the number of clients served 2,566 from 1/1/2011-12131/2011 • 2b. Of the clients served from 1/1/2011 - 2,566 12/31/2011, indicate the number reported in the HMIS 3. indicate in the grid below the percentage of HMIS'client records with 'null or missing values' or 'unknown values.' Please add a value for each cell below. If there are no values to report for a cel , please enter "0". Data Quality Null or Missing Values (%) Don't Know or. Refused (%) Name 0% • 0% Social Security Number 0% 3% • HEARTH Renewal Project Application Page 23 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 Date of Birth , 0% 0% Ethnicity 0% 0% Race • 0% 0% Gender Veteran Status 0% 0% Disabling Condition 0% 0% Residence Prior to Prog. Entry 0% • 0% Zip Code of Last Permanent Address 0% 0% HEARTH Renewal Project Application Page 24 07/02/2013 Applicant:.Miami-Dade County 004.1482920000 Project: Miami Homeless Assistance Program FL0211 L4D001205 5A. Project Participants - Households Instructions: In each white field listthe number of households or persons served at maximum program capacity. The numbers here are intended to reflect a single point in time at maximum occupancy and not the number served over the course of a year or grant term. ,Dark grey cells are not applicable and light grey cells will be totaled automatically. Households: This column is automatically populated with Total Number of Households. Please note that these categories have changed as of the implementation of HEARTH and the new CoC regulations. This is the first time total households have been subdivided into the following columns. Households with at least One Adult and One Child: Enter the total number of households with at least one adult and one child. To fall under this column and household type, there must be at least one person at or above the age of 18, and at least one person under the age of 18. Adult Households without Children: Enter the total number of adult households without children. To fall under this column and household type, there must be at least one person at or above the age of 18, and no persons under the age of 18. • Households with Only Children: Enter the total numberof households with only children. To fall under this column and household type, there may not be any persons at or above the age of 18, and only persons under the age of 18 Characteristic's: This column is automatically populated with standard reporting categories determined by HUD. Please note that these .categories have changed as of the .implementation of HEARTH and the new CoC regulations. Most significantly, a new age range of 18 to 24 has been included to capture the expanded HUD definition of Youth as personsunder the age of 25. Persons in Households with at least One Adult and One Child: Enter the number of persons in households with at least one adult and one child for each demographic row. To fall under this column and household type, there must be at least one person at or above the age of 18, and at least one person under the age of 18. Adult Persons In Households without Children:. Enter the number of persons in households without -children for each demographic row. To fall under this column and household type, there must be at least one person at or above the age of 18, and no persons under the age of 18. Persons in Households with Only Children: Enter the number of persons in households with only children for each demographic row. To fall under this column and household type, there may not be any.persons at or above the age of 18, and only persons under the age .of 18 Totals: All total field will calculate automatically when at least one household field and one persons field is entered and saved. Additional resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hucIhre.info/coc/ Households Total Number of Households Households with at Least One Adult and One Child 239 Adult Households without Children 1,887 Households with Only Children Total 2,126 . HEARTH Renewal Project Application Page 25 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 Characteristics Disabled Adults over age 24 Non -disabled Adults over age 24 Disabled Adults ages 18-24 Non -disabled Adults ages 18-24 Accompanied Disabled Children under age 18 . _ Accompanied Non -disabled Children under age 18 Unaccbmpanied Disabled Children under age 18 Unaccompanied Non -disabled Children under age 18 Total Number of Adults over age 24 Total Number of Adults ages 18-24 Total Number of Children under age 18 Total Persons Persons In Households with at Least One Adult • and One Child 239 440 239 0 440 679 Adult Persons In Households without Children 1,764 47 63 13 . rt_.; 7: as i; yy,,.. S r Q 76 1,887 Persons In Households with Only Children t.w rE jitirAltiA 0 0 Click Save to automatically calculate totals Total 2,003 47 63 13 0 440 0 0 2,050 76 440 2,566 HEARTH Renewal Project Application Page 26 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program '0041482920000 FL0211L4D001205 One Adult and One Child • • Characteristics Chronically Homeless Non- Veterans Chronically Homeless Veterans Non Chronically Homeless Veterans Chronic Substance Abuse Persons with HiV/AIDS Severely Mentally,ill Victims of Domestic Violence Disabled Adults over age 24 • 1 1 17 Non -disabled Adults over age 24 • Disabled Adults ages 18-24 - ' Non -disabled Adults ages 18-24 - Disabled Children under age 18 �_ ., _ r= Non -disabled Children under age 18 'a -fir -' Total Persons 0 0 _ 1 1 0 17 0 Click Save to automatically calculate totals seholds without Children Characteristics _. Chronically Homeless Non- Veterans Chronically Homeless Veterans • . Non - Chronically Homeless . Veterans - Chronic- Substance Abuse •HiViAIDS Persons with Severely Mentally III •, Victims of Domestic Violence Disabled Adults over age 24 0 25 34 67 25 181 0 Non -disabled Adults over age 24 - 0 • 0 40 47 0 0 5 Disabled Adults ages 18-24 0 0 13 63 9 39 0 Non -disabled Adults ages 18-24 0 1 12 0 0 0 7 Total Persons 0 . 26 99 177 _ 34 220 12 ...... Click Save to automatically calculate s in Households with Only Children - Characteristics Chronically Homeless Non- - Veterans• Chronlcally Homeless Veterans Chronically Homeless Veterans ChronIc. Substance :.Abuse • Persons with HIV/AIDS . .-::• :'• . Severely Mentally III 'Victims of• . Domestic :,-Violence Accompanigd Disabled -Children underage 18 • •ram �f ,; z,. w 1521Y ' Accompanied Non -disabled Children under age 18 h-, u?!ni Unaccompanied Disabled Children under age 18 4,- � if Unaccompanied Non -disabled Children under age ?' Total Persons ' ' • 0 .. 0 - 0 0 HEARTH Renewal Project Application Page 28 07/0212013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 5C, Outreach for Participants 'Instructions: Complete all fields on this form,, as appropriate. Please ensure that the information provided is . both accurate and complete in Tight of the implementation of the HEARTH Act and the new Continuum of -Care Regulations. 1, Enter the percentage of homelessperson(s) who willbe served by the proposed project for each ofthe following locations: (required) Enter a percentage (between 0% and 100%) in each field corresponding to the following places that your clients will be corning from: • Directly from the street or other locations not meant for human habitation • Directly from emergency shelters • Directly from safe havens • From transitional housing and previously resided in a place not meant for human habitation or emergency shelters, or safe havens • Persons at imminent risk of losing their night time residence • • Homeless persons as defined under other federal statutes • Persons fleeing domestic violence Total of above percentages: The percentages entered will automatically sum when all required fields are entered and saved. A warning message will appear if the total is greater than 100%. 2; If the total is less than 100% identify the other location(s) and how the persons meet HUD's definition of homeless: (required only if total less than 100%) indicate all other places from which homeless persons enter the project in the text box provided. Additional resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/coc/ 1. Enter the percentage of homeless person(s) who will be served by the proposed project for each of the following locations. 92% Directly from the street or other locations not meant for human habitation. 6%. Directly from emergency shelters. Directly from safe havens. . 2% From transitional housing and previously resided in a place not meant for human habitation or emergency shelters, or safe havens. Persons at Imminent risk of losing their night time residence. Homeless persons as defined under other federal statutes. •Persons fleeing domestic violence, 100% Total of above percentages HEARTH Renewal Project Application Page 29 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 3. Among persons who entered with an unmet need associated with .a condition listed below, indicate how many received the services for that condition by the time they exited? (required for SSO component types if Street Outreach) Consider all participants that your project might serve over the next 12 months. Fill out each row as each condition is applicable for the project's population. Leave fields blank in rows for conditions that are not applicable to the population being served. For each measure, fill in the blank cells according to the following instructions: Universe (#): Enter the total number of persons about whom the measure is expected to be reported. The Universe is the total pool of persons that could be aff€cted. Target (#): Enter the number of applicable clients from the universe who are expected to achieve the measure within the operating year. The Target is the total number of persons from the pool that are affected. Target (%): This field will be calculated automatically when all required fields are entered and saved. For example, if 80 out of 100 clients are expected to remain In the permanent housing program or exit to other permanent housing, the target % should be "80%." Additional Resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/cod 1. Specify the universe and target for the housing measure. Housing Measure Target (#) Universe (#) Target % (calculated) a. Persons placed into housing (ES, TH, SH, or 1,400 2,000 . 70% PH) as a result of the street outreach program during the operating year. . 2. Among persons who entered with an unmet need associated with a condition listed below, indicate how many received the services for that condition by the time they exited. Measure Target (#) Universe (0) Target (%) (calculated) Physical Disability Developmental Disability 3 3 100% Chronic Health HIVIAIDS HEARTH Renewal Project Application Page 33 07/02/2013 Applicant: Miaml-Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 Mental Health 35 50 70% Substance Abuse 35 50 70% HEARTH Renewal Project Application Page 34 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 7F. Supportive Services Budget Instructions: Enter the quantity an.d total budget request for each supportive services cost. The request entered should be equivalent to the cost of one year of the relevant supportive service. Please ensure that the information provided is both accurate and complete in light of the implementation of the HEARTH Act and the interim CoC program regulations, effective August 30, .2012. Eligible Costs: The system populates a list of eligible supportive services for which funds can be requested. The costs fisted are the only costs allowed under the CoC Program regulations. Refer to the CoC Program rule for details on eligible supportive services costs. Quantity Detail: (required) Enter the quantity in detail (e.g. 1 FTE Case Manager Salary + benefits, or child care for 15 children) for each supportive service activity for which funding is being requested. • Annual Assistance Requested: (required) For each grant year, enter the amount ($) requested for each activity. The amount entered must only be the amount that is DIRECTLY relatedto providing supportive services to homeless participants.The request should match the budget amounts identified on the HUD -approved FY2012 GIW, Total Annual Assistance Requested: This field is automatically calculated based on the sum of the annual assistance requests entered for.eac.h activity. Grant Term: This field is populated based on the grant term selected on the "Funding Request" screen and will be read only on the 'Funding Request' form. Total Request for Grant Term: This field is automatically calculated based on the per month rent entered in the first field, multiplied by 12 months, multiplied by the grant term. All automatic fields will be calculated once the required field has been completed and saved. Additional resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/coc/ A description must be entered for Quantity. Any costs without a Quantity •description will be removed from the budget. Eligible Costs Quantity Description , (max 400 characters) Annual Assistance Requested 1. Assessment of Service Needs 2. Assistance with Moving Costs 3. Case Management 4. Child Care 6. Education Services 6. Employment Assistance 7. Food 8. Housing/Counseling Services 9. Legal Services • • 10, Life Skills HEARTH Renewal Project Application Page 38 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 11. Mental Health Services 12. Outpatient Health Services 13, Outreach Services . 12 Community Outreach Specialists, Fringe Benefits,Telephone, Copier rental, Emergency food, Supplies $239,116 14. Substance Abuse Treatment Services 15. Transportation 16, Utility Deposits 17, Operating Costs Total Annual Assistance Requested :: i $239,116 Grant Term • 1 Year Total. Request for Grant Term $239,116 Click the 'Save' button to automatically calculate totals. HEARTH Renewal Project Application Page 39 07/02/2013 Applicant: Miami -Dade County Protect: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 71. Summary Budget Instructions: The system populates a summary budget based on the information enteredinto each preceding budget form. Review the data and return to the previous forms to correct any inaccurate information. All_fields are read only with exception to the Total: Requested for Grant Term for Admin, Cash Match, and In -Kind Match. Admin. (Up to 10%): Enter the amount ($) of requested administration funds. The request should match the amount identified on the HUD -approved FY2012 GIW. The grant will not fund greater than 10% of the request listed in the field `Sub -Total Eligible Costs Request." If an ineligible amount is entered, the system will report an error and prevent application submission when the form is saved. Cash Match: (required) Enter the total amount of funds ($) that the applicant will use for the project provided by sources other than the CoC program grant. In -Kind Match: (required) Enter the total dollar value of non -cash resources that the applicant will use for the project provided by sources other than the C.oC program grant. Total Match: This field will automatically calculate the total combined value ($) of the Cash and In -Kind Match. The total match must equal a minimum of 25% of the request listed in the field 'Total Eligible Costs Requested' minus the amount requested for Leased Units and Structures. There is no upper limit for Match. if an amount Tess than 25% is entered, the system will report an error and prevent application submission when the form is saved. Cash and In -Kind Match entered into the budget must qualify as eligible program expenses under the CoC program regulations. Compliance with eligibility requirements will be verified at grant agreement. The total values are automatically calculated by the system when you click the "Save" button. Additional Resources: Application Detailed instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/coc/ The following Information summarizes the funding request for the total term of the project. However, the appropriate amount of cash and in -kind match and administrative costs must be entered in the available fields below. • Eligible Costs Annual Assistance Requested (Applicant) • Grant Term (Applicant) Total Assistance Requested for Grant Term (Applicant) 1a. Leased Untts $0 1. Year $0 lb. Leased Structures $0 1 Year $0 2. Housing Relocation and Stabilization $0 1 Year $0 3. Short-term/Medium-term Assistance $0 1 Year $0 4. Long-term Rental Assistance • $0 1 Year $0 5. Supportive Services , $239,116 1 Year $239,116 HEARTH Renewal Project Application Page 40 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FL0211L4D001205 6. Operating $0 1 Year $0 7. HMIS $0 1 Year $0 8. Sub -total Costs Requested $239,116 9. Admin (Up to 10%) $16,737 10. Total Assistance plus Admin Requested• $255,853 11. Cash Match $63,963 12. In -Kind Match 13. Total .Match $63,963 14. Total Budget $319816 HEARTH Renewal Project Application Page 41 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 7J. Sources of Leverage The following list summarizes the funds that will be used as leverage for • the project. To add a leveraging source to the list, select the icon. To view or update a leveraging source already listed, select the icon. Total Value of Cash Commitments: $63,963 Total Value of In -Kind Commitments: $0 T�ta1 valria �f All Commitments: $63,963 Type Contributor Source Date of Commitment Value of Commitments Cash City of Miami Government 12/13/2012 $63,963 HEARTH Renewal Project Application Page 42 07/02/2013 Applicant: Miami -Dade County Project: Miami Homeless Assistance Program 0041482920000 FLO211L4D001205 Leverage Detail Instructions: Leveraged Resources: Applicants are encouraged to identify as rnany resources as possible, above the statutory and regulatory requirements to match the requested CoC program funds. If a written commitment is not in -hand at the time of application, however, do not enter the contribution. Undocumented leveraging claims may result in the re -'scoring of the CoC application and the withdrawal of the conditional award. 1. Type of Commitment: (required) Select Cash or In -kind to denote the type of contribution being used as leverage for this project. 2. Name the Source of the Commitment: (required) Enter the name of the entity providing the contribution. 3. Type of source: (required) Select Private or Government to denote the source of the contribution. The Neighborhood Stabilization Program (NSP), HUD-VASH (VA Supportive Housing program), and the American Reinvestment and Recovery (ARRA) Act funds may be considered Government sources. Project applicants are encouraged to leverage the funds from these sources, whenever possible. A CoC may receive extra points if any of its project applicants identify NSP funds as a source of leverage for one or more projects. 4. Date of written commitment: (required) Enter the date of the written contribution. 5. Value of written commitment: (required) Enter the total dollar value of the contribution. Additional Resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/coc/ 1. Type of Commitment: Cash 2. Name the Source of the Commitment: City of Miami 3. Type of Source: Government 4. Date of Written Commitment: 12/13/2012 5. Value of Written Commitment: $63,963 HEARTH Renewal Project Application Page 43 07/02/2013 Form vy `9 (Rev. January 2003) Department of the Treasury internal Revenue Service Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name Business name, If different from above Check appropriate 1 Corporation ❑ Partnership ❑ Other ► Exempt from backup ❑ withholding ne Individual/ box: RN Sole proprietor Address (number, street. and apt. or suite no.) Requester's name and address (optional) City, state, and ZIP code List account number(s) here (optional) Part Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, It is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Certification Social security number 1 1 t 1 t 1 1 1 or Employer identification number Under penalties of perjury, I certify that: • 1. The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued tome), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or.dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report ell interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Here Signature •of U.S. person ► Date Purpose of Form A person who Is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: if a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income, However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U,S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claiman exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income, 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies'for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat, No, 10231X Form W-9 (Rev. 1-2003) ATTACHMENT C "Request for Taxpayer ID Number and Certification" SWORN STATEMENT PURSUANT TO FLORIDA STATUTES §287.133 (3)(a) ON PUBLIC ENTITY CRIMES (THIS FORM MUST BE SIGNED AND SWORN TO IN 1'13L+ PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHES) This sworn statement is submitted to Miami Dade County by (print individual's name and title. in blank). For (print name of entity submitting sworn statement in blank), whose business address is and (if applicable) whose Federal Employer Identification Number (FEIN) is or if the entity has no • FEIN, include the Social Security Number (SSN) of the individual signing the sworn statement. I understand that a "public entity crime" as defined in Paragraph 287.133 (1) (g) Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state of the United States of America, including- but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States of America and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1) (b) Florida Statutes means a fording of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1) (a) Florida Statutes means a) a predecessor or successor of a person convicted of a public entity crime; or b) an entity under the control of any natural person who is active in themanagement of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members., and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters intoa joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Paragraph 287.133 (I) (e) Florida Statutes means any natural person or entity organized under the laws of any state or of the United States of America with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members and agents who are active in the management of an entity. Based on information and belief, the statement as marked below and on the next page, is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies by applying the individual initials in the blank). Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, not an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. ATTACHMENT D - State of Florida "Public Entity Crimes" Sworn Statement Page 1 of 2 SWORN STATEMENT PURSUANT TO FLORIDA STATUTES §287.133 (3)(a) ON PUBLIC ENTITY CRIMES The entity submitting this sworn statement or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months and (please indicate IF the additional statement is applicable) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity has been charged with and convicted of a public entity crime within the past 36 months, However, there have been subsequent proceedings before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the "Convicted Vendor List". 'UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING O114ICE FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH ONE (1) OF THE PREVIOUS PAGE IS FOR THAT PUBLIC ENTITY ONLY AND THAT THIS FORM IS VALID THROUGH THE LIFE OF THE CONTRACT. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR CATEGORY 2 OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. State of (Signature and Date) County of SUBSCRIBED AND SWORN TO (or affirmed) before me this — day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Notary Public — State of County of Expiration Date Notary Seal ATTACHMENT D - State of Florida "Public Entity Crimes" Sworn Statement Page 2 of 2 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N/A" all affidavits that do not pertain to this contract. All blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDAVIT; DISABILITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States government or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipality of this State. The MIAMI-DADE FAMILY LEAVE AFFIDAVIT and MIAMI-DADE DOMESTIC LEAVE AND REPORTING AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida.or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. I, , being first duly sworn state: The full legal name and business address of the person(s) or entity contracting or transacting business with Miami -Dade County are (Post Office addresses are not acceptable): Federal Employer Identification Number (If none, Social Security) Name of Entity, Individual(s), Partners, or Corporation Doing Business As (if same asabove, leave blank) Street Address City State Zip Code 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-5.1 of the County Code) If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. If the contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresses are (Post Office addresses are not acceptable): Full Legal Name Address Ownership The full legal names and business address of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, _equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): Any person who willfully fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. ATTACHMENT E "Miami -Dade County Required Affidavits" Page 1 of 5 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS 2. MIAIVII-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT (County Ordinance 90-133, Amending sec. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State Iaws or regulations, each contract or business transaction or renewal thereof which involves the expenditure of ten thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. a, Does your firm have a collective bargaining agreement with its employees? Yes No b. Does your firm provide paid health care benefits for its employees? Yes No c: Provide a current breakdown (number of persons) of your firm's work force and ownership as to race, national origin and gender: White; _ Males:_ Female: Black: _ Males:_ Female:_ Hispanic: _ Males:_ Female: Asian: Males: Female: American Native: Males: Female:_ Aleut (Eskimo): Males:_ Female:_ 3. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-8.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women -owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non- discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. The requirements of County Ordinance No. 98-30 may be waived upon the written recommendation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The Firm does not have annual gross revenues in excess of $5,000,000. The Firm does have amoral revenues in excess of $5,000,000; however, ifs Board of Directors is representative of the population maice-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N,W, 1st Avenue, 28th Floor, Miami, Florida 33128. The Firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1st Avenue, 28th Floor, Miami, Florida 33128; The Finn does not have an affirmative action plan and/or.a procurement policy as described above, but has been granted a waiver. ATTACHMENT E "Miami -Dade County Required Affidavits" Page 2 of 5 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS 4. MIAM.I-DADE. COUNTY CRIMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) The individual or entity entering into a contract or receiving funding from the County has has not as of the date of this affidavit been convicted of a felony during the past ten (10) years. An officer, director, or executive of the entity entering into a contract or receiving funding from the County _(has /has not),. as of the date, of this affidavit been. convictedof a felony during the past ten (10) years. 5. MIAMI-DADE EMPLOYMENT DRUG -FREE WORKPLACE AFFIDAVIT (County Ordinance 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami -Dade County, Florida, the above named person or entity is providing a drug -free workplace. A written statement to each employee shall inform the employee about: danger of drug abuse in the workplace the firm's policy of maintaining a drug -free environment at all workplaces availability of drug counseling, rehabilitation and employee assistance programs penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of such conviction and impose appropriate personnel action against the employee up to and including termination. Compliance with Ordinance No. 92-15 maybe waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the County or for the health, safety, welfare, economic benefits and well-being of the public. Contracts involving funding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 6.. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT (County Ordinance 142-91 codified as Section 11A-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami -Dade County, Florida, an employer with fifty (50).or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance:. An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, or the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. 7. DISABILITY NON-DISCRIMINATION AFFIDAVIT (County Resolution R-385-95) That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities., renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. ATTACHMENT E "Miami -Dade County Required Affidavits" Page 3 of 5 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS 8. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2- 8.1(c) of the County Code) Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes- - including but not limited to real and property taxes, utility taxes and occupational licenses -- which are collected in the norrnal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. 9. • CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGATIONS (Ordinance 99-162) The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 10. DOMESTIC VIOLENCE LEAVE AND REPORTING AFFIDAVIT (Resolution 185-00; 99-5 Codified At 11A-60 Et.Seq. of the Miami -Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified . at 11A-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. NEXT PAGE SIGNATURE PAGE ATTACHMENT E "Miami -Dade County Required Affidavits" Page 4 of 5 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS I have carefully read this entire five (5) page document entitled, "Miami -Dade County Affidavits" (Affidavits 1-10) and have indicated by "X" all affidavits that pertain to this contract and have indicated by an "N/A" all affidavits that do not pertain to this contract and completed all required information. BY SIGNING AND NOTARIZING THIS PAGE YOU ARE ATTESTING TO AFFIDAVITS ONE (1) THROUGH ELEVEN (11) By: MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE Signature of Witness or Secretary Seal Signature of Affiant , 20 Date Federal Employer Identification Number Printed Name of Affiant and Name of Agency Address of Agency SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of County of Notary Seal ATTACHMENT E "Miami -Dade County Required Affidavits" Page 5 of 5 Miami -Dade County Lobbyist Registration for Oral Presentation Affidavit Form 1) Entity Name: 2) Project Name: 3) Address: City, State: Business Telephone: ( ) 4) List all members of the Presentation Team, who are participating in the Oral Presentation: List by name, title, representing entity and telephone number: (Zip Code) / / / / / / / / / / / / / / / / (Attach additional sheets if necessary) The individuals named above are registered and the registration fee is not required for the oral presentation only. Proposer are advised that any individual substituted for or added to the presentation team after submittal of the proposal and filing by staff, MUST register with Miami -Dade County Clerk of the Board and pay all applicable fees. Other than for the oral presentation, Proposers who wish to address Miami -Dade County Commission, any Miami -Dade County Board or Miami -Dade County committee concerning any action, decision or recommendation of county personnel regarding this solicitation MUST register with Miami -Dade County Clerk of the Board (form BCCFORM2DOC) and pay all applicable fees. I do solemnly swear that all the foregoing facts are true and correct and I have read or am familiar with the provisions of Section 2-11.1(s) of the Code of Miami -Dade County, as amended STATE of County of (Signature of authorized representative) (Title) The foregoing instrument was acknowledged before me by (individual, officer, partner or agent), a (sole proprietor, corporation or partnership), who is personally known to me or who has produced as identified and who did / did not take an oath. (Signature of person taking acknowledgement) Name of Acknowledger typed, printed or stamped / (Title of Rank) (Serial Number, if any) ATTACHMENT F "Miami -Dade County Lobbyist Registration form" Miami -Dade County, Florida SUB CON'1'RACTOI2/SUPPLIER LISTING (Ordinance 97-104) This form, or a comparable form meeting the requirements of Ordinance 97-104, must be completed by all bidders and proposers on Miami -Dade County contracts for purchase of supplies, materials or services, including professional services which involve expenditures of $100,000.00 or more, and all bidders and proposers on County or Public Health Trust construction contracts which involveexpenditures of $100,000.00 or more. This form or a comparable form meeting the requirements of Ordinance 97-104, must be completed and submitted even though the bidder or proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading, in those instances where no subcontractors or suppliers will be used on the contract A bidder or proposer 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 except upon written approval of the County. Business Name and Address of First Tier Subcontractor/Su bconsuRan t Principal Owner Scope of Work to be Performed by Subcontractor/Subconsultant (Principal Owner) Gender Race Business Name and Address of Direct Supplier Principal Owner Supplies/Materials/Services to be Provided by Supplier (Principal Owner) Gender Race • I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate. Signature of Proposer's Authorized Representative Print Name (Duplicate if additional space is needed) Print Title Date ATTACHMENT G "Miami -Dade County Subcontractor / Supplier Listing" LOCCSNRS SNAPS Special Needs Assistance Program Request Voucher for Grant Payment See Instructions and Public Reporting Burden Statement on back U.S. Department of Housing OMB Approval No. 2535-0102 (exp. 1/31/2004) and Urban Development Office of Community Planning and Development 1, Voucher Number I I 1 I I 5. Voice Response No. (5 digits, hyphen, 5 more ) 2. LOCCS Pgrm. Area SNAP HPAC IHP 3. Period Covered by this Request (dates) 6. Grantee Organization's Name 6. Grant No. 6a. Grantee Organization's TIN 4. Type of Disbursement Partial n Final 9, Line Item no. Type of Funds Requested Amount (round to nearest dollar) 1010 Acquisition 1020 Rehabilitation 1021 New Construction 1022 Substantial Rehabilitation 1023 Moderate Rehabilitation 1030 Operating Cost 1040 Rental Assistance 1050 Supportive Services 1060 Administrative Cost 1070 Child Care 1080 Employment Assistance 1090 Relocation 1100 Leasing 1110 Repair & Maintenance 1111 Prevention' (RH) 1112 Capacity Building (RH) 1120 Other: 1o, Voucher Total 0 I hereby certify that all the information stated herein, as well as any Information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecutefalse claims and stateme nts. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U,S,C. 3729, 3802) 11. Name & Phone Number (including area code) of the Authorized 12. Signature 13. Date of Request Person who called SNAPS System VRS Privacy Statement: Public Law 97-255, Financial Integrity Act, 31 U.S.C. 3512, authorizes the Department of Housing and Urban Development (HUD) to collect all the information (except the Social Security Number (SSN)) which will be used by HUD to protect disbursement data from fraudulent actions. The Housing and Community Development Act of 1987, 42 U.S.C. 3543, authorizes HUD to collect the SSN. The data are used to ensure that individuals who no longer require access to Line of Credit Control System (LOCOS) have their access capability promptly deleted, Provision of the SSN is mandatory. HUD uses itas a unique identifier for safeguarding LOCCS from unauthorized access, Failure to provide the information requested may delay the processing of your approval for access to LOCCS. This Information will not be otherwise disclosed or released outside of HUD, except as permitted or required by law. Retain thiAfrrrAraftm 16ftine eie rp S SNAPS Wridfdst Voucher for Grant Payment"form HUD-27053-A (2/95) Miami -Dade County Homeless Trust CoC Homeless Program "Excel Spreadsheet Invoice" ATTACHMENT I "MDCHT Excel Spreadsheet Invoice form" 9 pages MIAMI-DADE COUNTY HOMELESS TRUST CoC PROGRAM INVOICE CONTINUUM OF CARE PROGRAM REIMBURSEMENT MONTH: PROVIDER NAME: PROGRAM NAME: GRANT NUMBER: PROGRAM TYPE:, OTH 0 PH 0 SSO MIAMI - DADE 1--. 0 SAFE HAVEN 0 RRH Grant Amount Amount this Invoice Year -to -Date Expenditures GRANT MANAGEMENT Balance Remaining Remaining Leasing - Units $ - -$ - $ - $ - #DIV/0! Leasing - Structure $ - $ - $ - $ .- #DIV/0! Rental Assistance $ - $ - $ - $ - #DIV/0! LEASING TOTAL: $ - $ - $ - $ - #DIV/0! SUPPORTIVE -SERVICES = :•::::.. . :::`:::";: 1.Assessment of Service Needs $ - $ - $ - $ - #DIV/0! 2.Assistance with moving costs $ - $ - $ - $ - #DIV/01 3.Case Management $ - $ - $ - $ - #DIV/01 4.Child Care $ - $ - $ - $ - #DIV/01 5.Education services $ - $ - $ - $ - #DIV/01 6.EmploymentAssistance $ - $ - $ - $ - #DIV/0! 7.Food $ - $ - $ - $ - #DIV/01 8.Housing / Counseling Services $ - $ - $ - $ - #DIV/0! 9.Legal services $ - $ - $ - $ - #DIV/01 10,Life Skills training $ - $. - $ - $ - #DIV/0! 11.Mental Health Services $ - $ - $ - $ - #DIV/01 12.0utpatient Health Services $ - $ - $ - $ - #DIV/01 13.0utreach Services $ -. $ - $ - $ - #DIV/01 14.Substance Abuse Treatment $ - $ - $ - $ - #DIV/DI 15.Transportation $ - $ - $ - $ - #DIV/01 16. Utility Deposits $ - $ - $ - $ - #DIV/01 17. Operating costs for SSO only $ - $ - $ - $ - #DIV/01 SUPPORTIVE SERVICES SUBTOTAL: $ - $ - $ - $ - #DIV/0! _ _ • : : -•OPERATING-CASTS_,- :. .: .. . v =... � ,_,.• , 1,Maintenance and Repair $ - $ - $ - $ - #DIV/01 2.PropertyTaxes and Insurance $ - $ - $ - $ - #DIV/O!• 3,Replacement Reserve $ - $ - $ - $ - #DIVID! 4.Building Security $ - $ - $ - $ - #DIV/0! 5,Electricity, Gas and Water $ - $ -• $ - $ - #DIV/01 6.Furniture $ - $ - $ - $ - #DIV/01 7.Equipment (Lease/Buy) $ - $ - $ - $ - #DIV/01 OPERATING COSTS SUBTOTAL: $ - $ - $ - $ - #DIV/0! PROJECT ADMINISTRATION Subrecipient Administration I $ - $ - $ - $ - #DIVID! •'"' :'� INVOICE`REQUEST .,.. , .. `A � _ , REIMBURSEMENT REQUEST AMOUNT GrantAmount Amount this . Invioce Year -to -Date Expenditures GRANT MANAGEMENT Amount Remaining Remaining $ - #REF! $ - $ - #DIVI01 Prepared by: Date: MIAMI-DADE COUNTY HOMELESS TRUST CoC PROGRAM INVOICE . MATCH. COMPLIANCE REPORT . CONTINUUM OF CARE PROGRAM REIMBURSEMENT.MONTH: • PROVIDER NAME: PROGRAM NAME: GRANT NUMBER: PROGRAM TYPE: QTH 0 PH 0 SSO QSAFEHAVEN QRRH MIAMI - DADE tEZIA TOTAL GRANT FUNDING SUBJECT TO 25% MATCH: • - - : : ' . 'CAS H. -MATCH ,.;3',('40:5::;'':-.: .!• • Total Cash Match • Commitment Value of Cash Match this Month Year -to -Date Cash Match Amount Remaining to Match $ - $ - $ - $ - :,:.'.:N0417:2:?::1;'•,:'''.'.'f:-. . : :::-,':.?.41"4.•;.X11!1.P-..VATQ_ ::- .91!-*-.,,V:::':', ::!:-7-:,'.:61e,F,--",q.---';-:.f Total In -Kind- Match Commitment Value of In -Kind Match this Month Year -to -Date In - Kind. Match • Amount Remaining to Match $ - $ - $ - $ _ '':4`..'4,fi-"-:::-. ..:, -J.,::. ' '• ...:' - '-'-'=.4.7,=:-P;:,:,':,'• ••-' ' : ,::,:::•.,:.:,v;.&,t,,,... . -- ,- - ,,,.:.,-c,,.., . ., l'VIATA:bdIVLIViitllil ErEt:Lig-,:l'it:.".';-t-': ' ••• 7-: '4- '6,-;;',--;,,z4:.-;--,;',- :',. •tt t 1-.4t*..vil•-g;.t.'1%---f-j*.V Total ALL Match Commitment Value ot ALL Match this Month Year -to -Date ALL Match Amount Remaining to Match $ - $ - $ - $ . . ,i;i•iiiiiii::ii-T.:4,44MQ.,.. N T: MA NAG EIVIF.Kr.;MATgliVag ':E.. % MONTHLY RATIO " % CUMULATIVE RATIO #REFI • #REFI ZFORMS/Contracting Forms/Template CoC Invoice Report Calculating Occupancy Charges and Rent ATTACHMENT J "Client Contribution / Occupancy Fee / Program Income form" 4 pages § 578.77 Calculating occupancy charges and rent. (a) Occupancy agreements and leases. Recipients and subrecipients must have signedoccupancy agreements or leases (or subleases) with program participants residing in housing. (b) Calculation of occupancy charges. Recipients and subrecipients are not required to impose occupancy charges on program participants as a condition of residing in the housing. However, if occupancy charges are imposed, they may not exceed the highest of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child-care expenses); (2) 10 percent of the family's monthly income; or (3) If the family is receiving paymentsfor welfare assistance from a public agency and a part of the payments (adjusted in accordance with the family's actual housing costs) is specifically designated by the agency to meet the family's housing costs, the portion of the payments that is designated for housing costs. (4) Income. Income must be calculated in accordance with 24 CFR 5.609 and 24 CFR 5.611(a). Recipients and subrecipients must examine a program participant's income initially, and if there is a change in family composition (e.g., birth of a child) or a decrease in the resident's income during theyear, the resident may request an interim reexamination, and the occupancy charge will be adjusted accordingly. (c) Resident rent. (1) Amount of rent. (i) Each program participant on whose behalf rental assistance payments are made must pay a contribution toward rent in accordance with section 3(a)(1) of the U.S. Housing Act of 1937 (42 U.S.C. 1437a(a)(1)). (ii) Income of program participants must be calculated in accordance with 24 CFR 5.609 and 24 CFR 5.611(a). (2) Review. Recipients or subrecipients must examine a program participant's income initially, and at least annually thereafter, to determine the amount of the contribution toward rent payable by the program participant. Adjustments to a program participant's contribution toward the rental payment must be made as changes in income are identified. (3) Verification. As a condition of participation in the program, each program participant. must agree to supply the information or documentation necessary to verify the program participant's income. Program participants must provide the recipient or subrecipient with information at any time regarding changes in income or other circumstances that may result in changes to a program participant's contribution toward the rental payment. CLIENT CONTRIBUTION REPORT REPORTING AGENCY AND PROGRAM NAME: - Sample GRANT NUMBER: FLOOOOL4DO01205 SERVICE MONTH: 1 2 3 4 5 6 7 8 9 10 TOTAL CLIENT CONTRIBUTION: $ 1,768.00 HMIS # CLIENT NAME TOTAL ANNUAL ADJ. INCOME TOTAL MONTHLY ADJ. INCOME AMOUNT TO - % CONTRIBUTION CLIENT PROVIDER 1001 Client 1 $ i 11,976.00 $ 998.00 $ 699.00 $ 299.00 30.0% 1002 Client 2 $ - $ 663.00 $ 189.00 $ 426.00 64.3% 1003 Client 3 $ - $ 1,192.00 $ 845.00 $ 347.00 29.1% 1004 Client 4 $ - $ 254.00 $ 189.00 $ 65.00 25.6% 1005 Client 5 $ - $ 127.00 $ 99.00 .$ 28.00 22.0% 1006 Client 6 $ - $ 698.00 $ 498.00 $ 200.00 28.7% 1007 Client 7 $ - $ 698.00 $ 495.00 $ 203.00 29.1% 1008 Client 8 $ - $ - $ - $ - #DIV/0! 1009 Client 9 $ - $ - $ - $ - #DIV/01 1010 Client 10 $ - $ 698.00 $ 498.00 $ 200.00 28.7% REPORTING AGENCY AND PROGRAM NAME: GRANT NUMBER: FL0000L4D001205 SERVICE MONTH: 1 2 3 4 5 1 CLIENT CONTRIBUTION REPORT HMIS # 7 9 CLIENT NAME COMMENTS 1001 Client 1 1002 Client 2 1003 Client 3 1004 Client 4 1005 -Client 5 1006 Client 8 1007 Client 7 1008 Client 8 ' 1009 Client 9 1 1010 Client 10 MDHT/K1 7.25.13 1 EMPLOYEE CERTIFICATION FOR GOVERNMENT ENTITIES ONLY Si -Annual Employee Certification form **This form to be submitted to Miami -Dade County Homeless Trust every six (6) months. Agency Grant Number Program Name Duration / Period. Covered to The following employee (s) worked solely on the Continuum of Care (CoC) Homeless Assistance Program project referenced above. Employee Certification: Name Signature Date By signing, I hereby certify that I have worked 100% of the time on the referenced CoC Homeless Assistance Program during the period specified above. Supervisor Certification: Name Title Signature Date I hereby certify as the supervisor of the above named employee (s) that he /she /they have worked solely on the referenced CoC project during the period specified above ATTACHMENT K "Employee Certification for Governmental Entities Only" form Continuum of Care (CoC) Homeless Assistance Program Performance Report - Master Document (This is a template designed to assist grantees required to complete the Full CoC APR. It is a model of the data collected in e-snaps. It is not intended to replace electronic data collection in e-snaps. Field layout in e-snaps may differ from the layout presented in this document.) (please check which report is submitted) n 0625 — HUD CoC Monthly Performance Report O 0625 —HUD CoC Annual Performance Report Attachment L "Performance Reports (Monthly and Annual) HMIS and Fiscal HUD CoC APR Annual Performance Report Additional Information User Prompt 1Fiel� i1. Select Provider Group(s): 1. Select Provider(s): �__..........._..._...___..___�.__.._._._.__ .....--._......- ---.....................-.._...._.._... ;2. Enter Start Date: 3. Enter End Date PLUS 1 Day: 4. Select Entry Type: :5. Enter Adult Age: EDA Provider Enter Effective Date Is using the Disability Determination field part of your workflow for HUD reporting? Values) Selectei -None Selected- • Mien -Dade County Government(1) 11/1/2011 11/1/2012 — — .._..._......_...... • IHUD • 118 -Default Provider- 11/1 /2012 Yes —.._ Is using the Receiving Income Source field part of your ;Yes workflow for HUD reporting? Is using the Receiving Benefit field part of your workflow for HUD reporting'? Yes Cpeiit Count Based,dii;Uid . Additional Information © 2012 Bowman Systems, L.L.C. All Right Reserved, t]ttiiupt icater;i '_ Count': -. ServicePointTM and the ServlcePointTM logo are trademarks of Bowman Systems, L.L.C. All other brand or product names are trademarks or registered trademarks of their respective holders. Bowman Systems 333 Texas Street, 300 Shreveport, LA 71101 Toll Free: (888) 580-3831 Direct: (318) 213-8780 Fax: (318) 213-8784 http://www, bowmansystems.com Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab 0 - Additional Information Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 7 7, HMIS or Comparable Database Data Quality Total number of records. for All Clients ! 0 Total number of records for Adults Only ( 0 Total number of records for Unaccompanied Youth _.._.—0 Total number of records for Leavers 0 Data Element First Name Don't Know or Refused i i 0 0 Missing. Data _---_-,---- 0 0 Last. Name SSN Date of Birth Race Ethnicity 0 0 t • 0 0 ' 0 0 0 • 0 _.._O .`.•---_—�- Gender -_ —0 Veteran Status 0 0 Disabling Condition 0 0 .........................:..............._............_. Residence Prior to Entry 0 0 Zip of Last Permanent Address 0 - 0 Housing Status (at entry) 0 0 Income (at entry) 0 0 Income (at exit) 0 �_.—._.---.._....---_ 0 0 .—__.0 ...._._.._...--- _....._...._......------._...--•---...____---___._.___.---_._---------._—._ __.. ._._....._ —_ Non -Cash Benefits (at entry) • Non -Cash Benefits (at exit) 0 _ 0 Physical Disability (at entry) i 0 1 0 Developmental Disability (at entry) - 0 0 Chronic Health Condition (at entry) 0 0 HIV / AIDS (at entry) 0 0 Mental Health (at entry) 0 0 Substance Abuse (at entry) 0 0 • Domestic Violence (at entry) i 0 0 Destination 0 0 Bowman Systems 0625- HUD CoC APR -v11 -BETA Tab A-Q.7 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Questions 8-9 8. Persons Served During the Operating Year by Type Number of Persons in Households Served During the Operating Year Adults Children Don't Know/Refused Missing Information TOTAL Total Without With Children i With Only 1 Unknown Children and Adults Children i. HH Type 0. 0 { 0 0 I 00 0 �._...._......_ a_...............�.................0. 0 0 0 0 Average Number of persons Served Each Night Average Number of Persons Total 0 Without I With Children With Only Children and Adults Children Unknown HH Type o Point -in -Time Count of Persons on the Last Wednesday in Total January i 0 April ; 0 July 0 October { 0 Without With Children i With Only 1 Unknown Children I and Adults Children 1 HH Type 0 I 0 0 0 • j -__ _ - - — 0 0 0 i— 0 __.__0 0 9. Households Served During the Operating Year Number of Households Served During the Operating Year Households Total 0 Without 1 With Children With Only Children 1 and Adults Children 0 i 0 0 Unknown HH Type 0 Point -in -Time Count of Households Served on the Last Wednesday in I j Without With Children With Only Unknown Total Children and Adults Children HH Type January i 0 0 0 0 , 0 April j 0 0 0 0 I 0 Jul -r•-_—.—.0 _._..__.____?.—___o oo—•--_----;—._._ o._._.._ y October I • 0 0 0 0 f 0 Bowman Systems 0625 - HUD CoC APR- v11 - BETA Tab B-Q8-9 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 12 12. Client Contacts and Engagements Number of Persons Contacted Rates During the Operating Year Once 2-5 Times 6-9 Times 10+ Times.. _ _ ........ TOTAL First contacted Total • at place not meant for human habitation 0 0 First contacted at non -housing service site First contacted at housing location First contact place was missing 0. 0 0 0 _ 0 0 0 0 o I___ 0 0 -1_ 0 0 • .0 . i 0 0 i 0 0 0 0 0 0 0 Number of Persons Engage by Number of Contacts During the Operating Year Total First contacted First contacted at place not i at non -housing meant for human service site habitation 1 Contact 0 0 2-5 Contacts 0 0 6-9 Contacts 0 10+ Contacts 0 TOTAL 0 0 0 0 0 0 0 0 First contacted at housing location First contact place was missing 0 0 0 0 t 0 i 0 0 r- 0 0 • o Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabC -Q 12 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 15 15a. Gender - Adults Gender of Adults Number of Adults in Households Total I Without Children ' With Children Unknown and Adults HH Type Male 0 i 0 0 Female I 0 0 0 0 Transgendered 0 1 0 0 0 Other.. ... ........_.._..0....... 1._... _......__._........._........................._............_......_............. Don't Know/Refused I 0 0 0 I 0 Information Missing ! 0 ; Subtotal 0 I 0 0 0 15b. Gender - Children. Gender of Children Number of Children in Households 1 With Children 1 With Only Unknown Total and Adults Children HH Type Male 0 0 j 0 0 Female 0 0 0 0 Transgendered 0 0 0 i0 Other 0 0 j 0 i 0 Don't Know/Refused 0 0 0 0 Information Missing • 0 0 � 0 0 Subtotal 0 I 0 0 15c. Gender - Missing Age Gender of Persons Missing Age Information Number of Persons in Households Total Male 0 Without ' With Children With Only I Unknown Children ! and Adults Children 1 HH Type 0 0 0 1 0 .0 i 0 0 { 0 0 ;• 0 0 0 0 j 0 Female - :t 0 • 0 Transgendered I• 0 1 0 0 Other - - !.._.._......... 0.J..._.:_•- P�.____ - 0 Don't Know/Refused I 0 0 0 Information Missing ! 0 ! 0 j 0 Subtotal 1 .. 0 1 0 . I 0 Bowman Systems 0625 - HUD CoC APR- v11 - BETA Tab D-Q15 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report. Questions 16-17 16. Age Age Number of Persons in Households Total Under 5 0 . — — -- 17 • _..... .:z, 18 - 24 11-- ._....00 0 13 25 - 34 _.._.. ( • 0 0 i 45-54 I 0' • 0 55-61 I 0 - 0 62+ ; 0 , 0 Don't Know/Refused l • 0 '0 0 — —... __......__._......_-•---- I-- - .- _T____ Information Missing I 0 0 0 . Age Error (Negative Age or 100+) j . 0 0 0 0 Total , I • 0 .I ' 0 " 0 0 0 17a. Ethnicity Ethnicity Number of Persons in Households Total Without Children With Children I and Adults With Only Children Unknown HH Type Non-Hispanic/Non-Latino 0 r 0 0 0 0 Hispanic/Latino 0 ..I._..—___..o 0 0 .._ 0 0 Don't Know/Refused 0.-..._.... Q__ 0 0 Information Missing 0 . 0 0 0 0 Total . 0. 0 0 0 0 17b. Race Race Number of Persons in Households White Without j With Children i With Only I Unknown Children i and Adults i — Childre.n. j HH Type 0 i 0 i 0 • 0 0 1 0 0 i 1 Total Without With Children With Only Unknown Children and Adults Children HH Type I Black or African -American i _--__ 0 0 0 0 Asian ' American Indian or Alaska Native i 0• 0 0 0 0 Native Hawaiian or Other Pacific Islander 1 0 0 1 0. 0 0 Multiple Races _._______._.•_._..._ ._......_.._-__----.._0 4 0 0 ____.....___ _._ 0 Don't Know/Refused 1 0 0 0 Information Missing I 0 0 0 _ —0 t . 0 Total I 0 1 0 Th. 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab E - Q 16-17 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Questions 18-19 18a. Physical and Mental Health Types of Conditions at Entry Known Physical and Mental Health Conditions Number of Persons in Households Mental Illness Alcohol Abuse Drug Abuse Total Without With Children With Only Unknown Children and Adults Children HH Type 0 0 0 0 0 0 0 ! 0 0 Chronic Health Condition i 0 0 0 HIV/AIDS and Related Diseases i 0 0 0 Developmental Disability Physical Disability 0 0 j 0 0 1 0 0 I 0 p 0 0 0 I 0 18b. Physical and Mental Health Known Conditions at Entry Number of Known Conditions Number of Persons Total Without With Children i With Only I Unknown Children and Adults ; Children I HH Type 1 Condition ! 0 0 0 0 I 0 2 Conditions •I J--_ ---- --__0..._...........1 ._...._. 0...- 3+ Conditions 0 0 0 0 j 0 Condition Unknown 0 0 0 0 0 Don't Know/ Refused 0 j`— 0 L 0 0 0 Information Missing 0 i 0 0 0 j 0 TOTAL:I 0 i i 0 0 0 ! 0 19a. Victims of Domestic Violence Past Domestic Violence Experience Number of Adults and Unaccompanied Children in Households Yes No Total Without Children 0 - 0 With Children and Adults 0 - - . 0 With Only Children I i - 1 I- Unknown HH Type 0 - - 0 i -i - I 0 -- •0 i i 0 - 0 Don't Know/Refused 1. 0 1 0 0 0 I 0 Information Missing __.._.._....____.. TOTAL' a 0 i 0 0 l• 0 __ 0 0 1 0 _ 0 A ^` 0 19b. When Past Domestic Violence Experience Occurred Number of Adults and Unaccompanied Children in Households Total Without I With Children Children 1 and Adults Less than 3 Months 0 1 0 ! 0 3 to 6 Months Ago 0 ! 0 7 0 6 to 12 Months Ago 0 0 ; More the a year Ago - - 0 0 0 I Don't Know/Refused i 0 0 I 0 Information Missing 1...._._..,:...0-__._-- -! .-_--•__-_ 0 ' 0�..._.__._.--'---..._.._..--0_- -• _ TOTAL! 0 j 0 0 0 j 0 With Only I Unknown Children 1 HH Type 0 I 0 0 It_ 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab F - Q 18-19 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 20 20a1. Residence Prior to Program Entry - Homeless Situations Residence Prior to Program Entry - Homeless Situations Number of. Persons in Households Total Emergency Shelter • j 0 Transitional housing for homeless. persons i . 0 0 Place not meant for habitation i 0 0 Safe Haven 0 0 TOTALI : 0 0 Without With Children With Only ; Unknown Children and Adults Children ; HH Type 0 0 0 0 0 0 I 0 o e o ! 0 0 0 0 • 20a2. Residence Prior to Program Entry - Institutional Settings Residence Prior to Program Entry - Institutional Settings Number of. Persons in Households • Total Without Children With Children and Adults - With Only Children —Unknown HH Type Psychiatric hospital or other psychiatric facility • ! 0 0 0 0 0 Substance abuse treatment facility or detox center i 0 0 0 0 0 Hospital (Non -psychiatric) - ..._....... . ........ 0 — 0 _— 0 ----__.--r 0• 0 ---_•_-_._-__. ... _ _ Jail, prison , or juvenile detention facility ( Foster Care 0 0` 0-- -- 0 -- i 0 t 0 0 ' 0 0 _ 0• TOTAL! 0. .. 0. • 0 0 0 20a3. Residence Prior to Program Entry - Other Locations Residence Prior to Program Entry - Other Locations Number of Adults and Unaccompanied Youth in Households PSH for Homeless persons Owned by Client, no Subsidy ^— Owned by Client, with Subsidy Rental by Client, no subsidy Total Without Children 0 0 0 0 0 0 Rental by Client, with VASH Subsidy _ 0 •T 0 Rental by Client, with other ongoing Subsidy 0 0 Hotel/Motel, Paid by Client 0 . 0 Staying or Living with Family . 0 . C "0 Staying.•or Living with Friend(s) 0 . 0 With Children and Adults 0 With Only .' Unknown Children HH Type 0 i 0 o 0 o 0 o 0 0 0 0 0 o , a a - 0 • 0 0 0 0 0 0 Other 0 ' ! 0 0 Don't Know/Refused 0' . 1. 0 1— 0 Information Missing 0 0 0 TOTAL :0 0 • 0 . 0 i 0 0 ! 0 0 ! 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab G - Q 20 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Questions 21-22 21. Veteran Status Veteran Status Number of Adults in Households Veteran Not a Veteran Don't Know/Refused . Information Missing Total I With Children and Unknown Total , I Without Children Adults i HH Type 0 0 ! 0 0 0 L -1 0 1 0 0 ; . 0 0 22a1. Physical and Mental Health Condition Types at Exit- Leavers Known Physical and Mental Health Conditions Leavers -Total Number by Type Alf Persons Adults j Children ": Unknown Mental illness 0 0 0 0 Alcohol Abuse 0 i 0 i 0 0 Drug Abuse 0 0 0 0 Chronic Health Condition ! 0 i 0 L_ 0 0 HIV/AIDS and Related Diseases I 0 T 0 I 0 0 Developmental Disability ; 0 ; 0 Physical Disability 0 0 0 22a2. Known Physical and Mental Health Condition at Exit -Leavers Number of Known Conditions Leavers - Total Number by Type i All Persons I Adults Children Unknown None 0 j 0 0 --- 0 --------..... L 1 Condition 0 0 0 I 0 2 Conditions • 0 j 0 0 i 0 3+ Conditions 0 ; 0 0 r 0 L Condition Unknown t 0 0 0 0 Don't Know / Refused 0 I 0 0 0 Information Missing 0 0 0 0 TOTAL:, 0 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab H - Q 21-22 Page 1 of 2 v11 Printed: 7/25/2012 11:10:12 AM 22b1. Physical and Mental HUD CoC APR Annual Performance Report Questions 21-22 Health Condition Types at Exit — Stayers Known Physical and Mental Health. Conditions Stayers - Total Number. by Type Mental Illness Alcohol Abuse Drug Abuse ' Chronic Health Condition 0 0 i • T_...-0 . . 0 0 0 J. •I 0- 0 I 0 LAII Persons Adults , Children Unknown 0I 0 HIV/AIDS and Related Diseases 0 ! 0 0 Developmental Disability Physical Disability ; . 0 •! 0 1 0 0 0 0 - 0 22b2. Known Physical and Mental Health Condition at Exit — Stayers Number of Known Conditions Stayers - Total Number by Type None • ! All Persons Adults ( Children E Unknown 0 0 1 Condition ; 0 0 2 Conditions ; 0 0 o 3+ Conditions 0 0 .--I 0 Condition Unknown 0 0 0 i 0 Don't Know f Refused i 0 0 I 0 I 0 Information Missing 0 0 i- —� -0 0 TOTAL:;. 0 0 i - 0 — 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab H - Q 21-22 Page 2 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD Coe APR Annual Performance Report Questions 23-24 23. Client Monthly Cash -Income Amount - Adult Leavers Client Monthly Cash -Income Amount Number of Adult Leavers Program Entry No Income $1-$150 $151 $250 $251 - $500 $501 -.$750 $751 - $1,000 $1,001-$1,250 $12251 - $1,500 $1,501 -$1,750 Income at Entry Income at Exit 0 0 I Average Less j Same 1 More Unknown ! Change ($) Income at Income at i Income at Income j Monthly Exit Exit Exit ' Change Income per Adult . 0 0 0 ! 0 o 0 0 j 0 0 0 0 0 0 C--_0 --J._:..._... l 0 0 • 0 • °....__........i. -- a---..... ° ° ... i- - ° _... - - - 0 - 0 0 { 0 0 I 0 0 0 0 I •i0 i 0 0 I 0 0 0 $1,751 -$2,000 0 I 0 $2,001 + 0 0 Don't Know/Refused 0 0 Missing/No Follow-up 0 0 Total 0 0 0 j 0 0 ! 0 0 0 0 0 0 ; 0 0 0 ! 0 I 0 0 0 0 0 0 24. Client Monthly Cash-IncomeAmount by Entry and Latest Status Client Monthly Cash -Income Amount by Entry and Latest Status Number of Adult Stayers Program Entry No Income $1 - $150 z .Income at Follow-up Entry TotaltalFollow-up L.— --_• 1 0 • I _ 0 i . 0 0 Less Income at 0 l Same 1 More Unknown Income at i Income at '• Income Follow-up ': Follow-up i Change 0 —;-- 0-0 ---i 0 ' 0 0 Average Change ($) Monthly Income per Adult -- 0 0 $251 - $500 0 j 0 0 0 f 0 0 I 0 $501 - $750 0 r 0 0 0 ! 0 0 0. $751 - $1,000 0 0 0 0 __ 0 0 i, , •'i • ...,• c. cD Oto� 0 I i i i a . } ,.. • i 1 i;4 1 i i $1,001 - $1,250 i 0 0 0 0 r 0 0 _ $1,251 - $1,500 .._..._..._0......._. 0• 0 0 1 0 0 $1,501 - $1,750 0 0 0 0 1 0 0 $1,751 - $2,000 0 0 0 0 0 I 0 0 2 $,001 + 0 0 0 0 j 0 , 0 Don't Know/Refused �........°...... .............°................ 1r a ; .� {, ti , 0 ......... Missing/No Follow-up 1 0 1 0 = .' , _;,: rf 07N;Ii.RtaA. 0 Total , 0 r ' 0. 0 0 I 0: 0 Bowman Systems 0625- HUD CoC APR -v11-BETA Tab l-Q23-24 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 25 25a1. Cash Income Types by Exit Status - Leavers Cash -Income Sources Type of Cash -Income Sources by Number of Persons - Leavers Total Adults . ; Children Age Unknown Earned Income 0 0 0 Unemployment Insurance • I 0 0 I 0 0 SSI I__......_.__,. 0 0 0 i 0 SSDI i 0 0 �. _ ___ _._ 0. - __.___. Veteran's Disability . Private DisabilityInsurance 0 • 0 I - 0 --•----•i------_Q_._• _ _�_.. _.._... _ _ ._._...__.._._..T a..__._o ....._._.._. _.# 0 • Worker's Compensation 1_ ______._ ' TANF or Equivalent j 0 �_ __— 0 General. Assistance ! 0 0 ; ° __ r.„__---•-_.• Retirement (Social Security) i 0 0 0 { 0 Veteran's Pension j 0 0 0 i 0 Pension from Former Job 1 0 0 0 0 Child Support i__ .._...... 0 - - ----0 . i 0 - - 0 Alimony (Spousal Support) 0 • . • 0 ; 0 — - 0 Other Source I 0 0 1 0 a 0 TOTAL 0 1----. 0 - 0 . 0 25a2. Cash -Income by Exit Status - Leavers Cash -Income Sources mber of Cash -Income Sources by Number of Persons - Leavers 1 Total Adults Children i Age Unknown No Sources ' 1+ Source(s) • i 0 -... --- 0 _ _ ---=-- I 0—_._. __ ._... _.--_. .---•--...___ — - t- - j., TOTAL: _� " 0• • Don't Know / RefusedI Missing this Information 0 I 0 0 ° ° Bowman Systems 0625 -HUD CoC APR - v11 - BETA Tab J-CI25 Page 1 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 25 25b1. Cash -Income Sources - Stayers Cash -Income Sources Type of Cash -Income Sources by Number of Persons - Stayers Earned Income Unemployment Insurance Total I Adults ; Children L Age Unknown 0 0i 1 0 j 0 SSI 0 0 i 0 i 0 f SSDI 0 L Veteran's Disability 0 j 0 0 1 0 Private Disability insurance I 0 0 0 0 Worker's Compensation 0 TANF or Equivalent ! 0 i 0 ' 0 0 General Assistance i i 0 0 0 0 Retirement (Social Security) ? 0 ! 0 0 . 0 Veteran's Pension 1 Pension from Former Job i 0 I 0 1 0 0 Child Support 0 0 Alimony (Spousal Support) _ 0 ! 0 Other Source i 0 0 TOTAL! . I 0 0 0 0 0 0 25b2. Cash income Number of Sources - Stayers Cash -Income Sources Number of Cash -Income Sources by Number of Persons - Stayers No Sources . I Total Adults Children 0 1 i 1 Age Unknown 0 • 0 0 1+ Source(s) Don't Know/ Refused Missing this Information 1 I _ i TOTAL? -- 0 0.1 0 - 0 i 0 0 0 0 0 0 0 0 0 0 I 0 — • 0 Bowman Systems 0625 - HUD CoC APR - v11- BETA Tab J-Q25 Page 2 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 26 26a1. Non -Cash Benefit Types by Exit Status - Leavers Non -Cash Benefits Non -Cash Benefits by Number of Persons - Leavers Total Adults Children I Age Unknown Supplemental Nutritional Assistance Program i 0. 0 i 0 0 MEDICAID Health Insurance 0 0 i 0 0 MEDICARE Health Insurance i 0 1 0 State Children's Health Insurance 0 0 0 0 . WIC 0 0 i 0 0 • VA Medical Services i 0• 0 0 0 TANF Child Care Services ( 0 0 ' 0 0 TANF Transportation Services 0 . 0 0 0 Other TANF-Funded Services 0 _ 0 ; 0 0 Temporary Rental Assistance i 0 E— 0 i 0- 1 0 Section 8, Public Housing, Rental Assistance i . 0 0 0 0 Other Source I- 0 • 0 l 0 0 TOTALI 0 0 0 0 26a2. Non -Cash Benefits by Exit Status - Leavers Client Non -Cash Benefits by Exit Status Number of Non -Cash Benefits by Number of Persons - Leavers Total Adults Children _' Age Unknown No Sources I . .. 0. 0 0 0 1+ Source(s) 0 0 Don't know / Refused 0` 0 i 0 I 0 Missing this Information I 0 ,0 0 0 • TOTAL; 0 .0 I 0 ; 0 f Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabK-Q26 Page 1 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 26 26b1. Non -Cash Benefit Sources - Stayers Non -Cash Benefits Non -Cash Benefits by Number of Persons - Stayers Total Adults Children Age Unknown Supplemental Nutritional Assistance Program 0 0 I 0 0 MEDICAID Health Insurance 0 0 0 j 0 MEDICARE Health Insurance 0 0 ! 0 i 0 State Children's Health Insurance 0 0 I 0 i 0 WIC 1 0 0 ! 0 ; 0 VA Medical Services l 0 0 0 0 TANF Child Care Services TANF Transportation Services j 0 0 0 0 Other TANF-Funded Services ! 0 0 i 0 0 Temporary Rental Assistance 0 0 i 0 0 Section 8, Public Housing, Rental Assistance i 0 . 0 0 0 Other Source 0 0 0 ! .. — 0 TOTAL 26b2. Number of Non -Cash Benefit Sources - Stayers Client Non -Cash Benefits by Exit Status Number of Non -Cash Benefits by Number of Persons - Stayers No Sources 0 0 0 0 Total Adults ; Children i. Age Unknown 1+ Source(s) i .�. - - 0 ' .— — Don't Know / Refused 0- 0 ! 0 0 Missing this Information ; 0 0 0 0 TOTAL! 0 1 0 0 • 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabK-Q26 Page 2 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 27 27. Length of Participation by Exit Status Length of Participation by Exit Status Number of Persons Less than 30 days 31 to 60 days 61 to 180 days 181. to 365 days Total Leavers i Stayers 0 0 0 0 0 0 .. 0 0 0 0 0 366 to 730 days (1-2 Yrs) 0 _____._ __� ..__.__.._.. _._..._.. 0 731 to 1095 days (2-3 Yrs) 0 0- T _ 0 1096 to 1460 days (3-4 Yrs) 0 0 0 1461 to 1825 days (4-5 Yrs) 0 0 0 More than 1825 Days (>5 Yrs) 0 0 • 0 u Information Missing • 0 0 j. 0 Total 0 0 ..._ 0 ._ 0 Average and Median Length of. Participation in Days Average Length Leavers Stayers 0 0 Median Length 0 0 Bowman Systems 0625 - HUD CoC APR - v11- BETA Tab L - Q 27 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 29 29a1. Destination by Household Type and Length of Stay (All Leavers who Stayed More than 90 Day; Number of Leavers In Households Permanent Destinations Total; Without Children With Children With Only i Unknown and Adults Children I HH Type Owned by Client, no Ongoing Subsidy 0 0 Owned by Client, with Ongoing Subsidy 0 0 Rental by Client, no Ongoing subsidy I 0 0 0 Rental by Client, with VASH Subsidy i 0 j 0 0 0 i 0 I 0 0 i 0 0 Rental by Client, with other Ongoing Subsidy j 0 0 0 PSH for Homeless Persons 0 1 0 0 Living with Family, Permanent Tenure 0 0 0 Living with Friends, Permanent Tenure I 0 i 0 1 -- 0 Subtotal 0 f• 0 0 0 1 0 o 1 - • 0 D 0 0 0 0 0 0 Temporary Destinations Emergency Shelter ' 0 TH for Homeless Persons 0 0 0 0 0 0 0 '0 0 Staying with Family, Temporary Tenure 0 0 0 Staying with Friends, Temporary Tenure 0 0 0 Place Not Meant for Human Habitation 0 0 • 0 Safe Haven 0 0 0 Hotel or Motel, Paid by Client 0 0 0 Subtotal 0 r 0 0 0 0 0 0 0 0 0 0 Institutional Settings Foster Care 0 0 .0 ' 0 Substance Abuse or Detox Facility 0 0 r 0 Hospital (non -Psychiatric) 0 0 0 Jail or Prison 0 1 0 i 0. 0 } 0 t o Psychiatric Facility Subtotal 0 0 0 0 0 i 0 0 I 0 0 I 0 Other Destinations Deceased 1 _ _—^0 �i 0 0. Other Don't Know/Refused 0 0 0 Information Missing I 0 0 0 Subtotal I 0 0 0 • 0 .° • 0 l 0 0 I 0 i 0 I 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab M-Q29. Page 1 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 29 29a2. Destination by Household Type and Length of Stay (All Leavers who Stayed 90 Days or Less) Number of Leavers in Households Permanent Destinations Total I Without With Children Children and Adults With Only Unknown Children HH Type Owned by Client, no Ongoing Subsidy 0 0 0 0 0 Owned by Client, with Ongoing Subsidy I 0 0 0 0 4---- 0 Rental by Client, no Ongoing subsidy 0 __ 0 0 0 0 Rental by Client, with VASH Subsidy � 0 . (r - 0 - 1 0 0 0 Rental by Client, with other Ongoing Subsidy i 0 j 0 _ 0 I 0. 0 PSH for Homeless Persons i 0 0• 0 0 0 -- Living with Family, Permanent Tenure I 0 0 Living with Friends, Permanent Tenure Subtotal 0 t-f ' 0 0 i 0 0. 0 0 0 Temporary Destinations Emergency Shelter TH for Homeless Persons Staying with Family, Temporary Tenure •i • 0 0 Staying with Friends,. Temporary Tenure 0 0 Place Not Meant for Human Habitation s 0 0 Safe Haven ; 0-� 0 0 0 Hotel or Motel, Paid by Client 0 . ` 0 1 0 0 Subtotal f. 0 0 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •0 0 0 0 0 I 0 0 0 0 0 Foster Care 0 . 0 0 :'. 0 0 Psychiatric Facility 0 0 0 0 0 Substance Abuse or Detox Facility . 0 0 0 0 0 Hospital (non -Psychiatric) ..........----_ .--------........----....-- .. ............._............_..._..__.__ 0 _....._..___..........:........._.. I 0 ---.._...__.._...--•------------..__..__..._....-�------._._-_._.-----......... 0 0 0 _.._..._.--------=------ Jail or Prison 0. 0 0 ! 0 0 Subtotal 0 i3' ,. 0 ! 0 0 Other Destinations Deceased 0 I 0 0 i 0 0 Other 0 —I 0 0 0 F' 0 Don't Know/Refused 0 I 0 I 0 0 0 Information Missing i0..-------f_--.____0--------. 0_.__�--_-•_-. 0 Subtotal - € 0. , 0 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab M - Q 29 Page 2 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD C®C APR Annual Performance Report Question 36 36a. Permanent Housing Programs Performance Measure Exhibit 2 Exhibit 2 Target # of i Target % of persons who 1 persons who were expected j were expected i to accomplish to accomplish i this measure i thls measure 1. Housing Stability Measure 2a. Total Income Measure 2b. Earned Income Measure Actual # of i % Difference person In the Actual # of Actual % of j between program for persons who persons who j Exhibit 2 whom the accomplished accomplished i Target and measure is this measure this measure 1 Actual appropriate i Performance 0 - 0 0.00% 0 0 0.00% 0 0 0.00% 36b. Transitional Housing Programs Performance Measure Exhibit 2 Exhibit 2 Target # of Target % of persons who persons who were expected were expected to accomplish to accomplish this measure this measure l appropriate 1. Housing Stability Measure I 1 0 Actual # of person In the program for whom the measure Is 2a, Total Income Measure I 0 Difference Actual # of Actual °A of between persons who persons who Exhibit 2 accomplished . accomplished j Target and this measure this measure 1 Actual Performance 0 a 1 0 0.00% s...... _... 2b. Earned Income Measure 0 0 0.00% 36c. Street Outreach Programs Performance Measure 1. Housing Stability Measure 2a. Physical Disability 2b. Developmental Disability 2c. Chronic Health 0 0 2d. HIV/AIDS ; 0 ! 0 ! Mental Health 1- 0 0 2f. Substance Abuse Exhibit 2 Target # of persons who were expected to accomplish this measure Exhibit 2 Target % of persons who were expected 1 to accomplish I Actual # of person In the program for whom the measure Is this measure appropriate 0 Actual # of persons who accomplished this measure 0 0 0 0 0 % Difference Actual % of between persons who Exhibit 2 accomplished Target and this measure 1 Actual Performance 0.00% 0,00% 0.00% 0.00% 0.00% 0.00% Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab N-Q36 Page 1 of 2 v11 Printed: 7/25/2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 36 36d. Supportive Services Only (SSO) Programs Exhibit 2 . • Exhibit 2 • Actual # of 1 Target # of Target %'of person in the Actual # of Performance Measure ' persons who persons who program for persons who were expected i were expected whom the accomplished 1 to accomplish i to accomplish measure is this measure this measure this measure appropriate 1. Housing Stability Measure 0 0 2a. Total income Measure ! 0 F 0 2b. Earned Income Measure 0 • 0 % Difference Actual % of between persons who Exhtbit,2 accomplished Target and this measure Actual Performance 0.00% 0.00% 0.00% 36e. Safe Haven Programs Exhibit 2 I Exhibit 2 4 Actual # of • Target # of Target % of ' person in the persons who persons who program for Performance Measure i I were expected were expected ( whom.the to accomplish to accomplish i measure Is this measure this measure i appropriate 1. Housing Stability Measure - 2a. Total Income Measure Actual # of persons who accomplished this measure % Difference Actual % of between persons who Exhibit2 accomplished Target and this measure Actual Performance I 0 0 f 0 0 0.00% 0.00% Bowman Systems 0625- HUD CoC APR -v11 -BETA TabN-Q36 Page 2 of 2 v11 Printed: 7/25/2012 11.:10:12 AM 19. Supportive Elousing Program: Leasing, Supportive Services, Operating Costs, HMIS Activities and Administration Summary of Expenditures. Enter the amount of SHP grant funds and cash match expended during the operating year for each activity. This table should add up both horizontal y and vertically. The SHP supportive services total should be the same as the SHP supportive SHP Funds Cash Match Total Expenditures a. Leasing b. Supportive Services c. Operating Costs d. HMIS Activities e, Administration • f. Total Note: Payments of principal and interest on any loan or mortgage may not be shown as an operating expense. Sources of Cash Match. Enter the sources of cash identified in the Cash Match column, above, in the following categories. Use additional sheets, as necessary. AmounI a. Grantee/project sponsor cash b. Local government (please specify) c. State government (please specify) d. Federal government (please specify) Community Development Block Grant (CDBG) e. Foundations (please specify) f. Private cash resources (please specify) g. Occupancy charge / fees h. Total HUD-40118 Part II: Financial Information uoportive Services. Supportive Services Dollars a. Outreach b. 'Case management c. Life skills (outside of case management) d. Alcohol and drug abuse services e. Mental health services is AIDS -related services g. Other health care services h. Education i, Housing placement j, Employment assistance k. Child care 1. Transportation m. Legal n. Other (please specify) o. TOTAL (Sum of a through n) Cumulative amount of match provided to date for the Shelter Plus Care Program under this grant Describe any problems and/or changes implemented during the operating year. Technical Assistance and Recommendations Based on your experience during the last year, are there any areas in which you need technical advice or assistance? If so, please describe. HUD-40118 PROGRAM RATING OF SATISFACTION Section I.:TO BE COMPLETED BY PROGRAM PARTICIPANT Instructions: Please answer each question below by placing an [X] in the space provided. Your responses to these questions have no bearing on your continued participation in the program. ALL responses are confidential. Why did you choose to enter the program (mark only one box): ❑ I decided to come to this program on my own (through outreach, referral, etc.) ❑ I was placed here through another program (court intervention, police, etc.) against my will ❑ I had previously participated in this or a similar program and decided to return OPTIONAL Information: Name: Today's. Date: Sex: ❑ male ❑ female Please answer the following questions about the services you received. Mark NJ only one box which best describes your feelings about each statement. These questions are meant to help us improve the services provided, so we ask that you tell us how you really feel, whether or not it is good or bad. Strongly Agree Agree Agree a Little .Disagree A Little Disagree Strongly Disagree I was informed of my rights and responsibilities,. including the agency's grievance procedures [6] [5] [4] [3] [2] [1] I was provided with information about different services that are available for me [6] [5] . [4] [3] [2] [1] Iwas involved in making decisions about my care/service plan [6] [5] [4] [3] [2] [1] I was able to tack with staff when I needed to [6] [5] [4] [3] [2] [1] The building and facilities have usually been clean, safe and comfortable [6] [5] [4] [3] [2] [1] My rights were respected and protected, including my right to file a grievance, if needed [6] [5] [4] [3] [2] [1] My case manager seems qualified to help me [6] [5] [4] [3] [2] [1] I would recommend this program to others [6] [5] [4] [3] [2] [1] I am treated with respect by the staff [6] [5] [4] [3] [2] [1] The staff seems to care about whether I get better [6] [5] [4] [3] [2] [1] Program staff were knowledgeable about available services that could help me [6] [5] [4] [3] [2] [1] Section II.: TO BE COMPLETED BY PROGRAM STAFF Purpose of Evaluation ❑ At Admission ❑ At discharge O Other:. Current Level of Care provided ❑ emergency housing ❑ transitional housing/tx ❑ transitional housing/non-tx ❑ permanent housing ❑ services only Provider Name: Project Name: Staff Initials: ATTACHMENT M "Program Rating Satisfaction Survey" Form Page 1 of 5 PROGRAM RATING OF SATISFACTION INSTRUCTIONS Carefully read all of the instructions below BEFORE distributing the Program Rating of Satisfaction survey to your program participants. General Information The "Program Rating of Satisfaction" consists of 11 items, which are used to determine a client's satisfaction with services they are receiving from a provider. It is to be completed by all program participants engaged in services at a Trust -funded program. It must be completed - at a minimum - at time of discharge for all participants. It is strongly recommended that a Program Rating of Satisfaction survey also be completed at intervals as may be applicable to the program; however, only the discharge survey must be forwarded to the Homeless Trust. Case management notes should indicate specifically wliy a Program Rating of Satisfaction was not obtained, if that is the case (client went AWOL, institutionalized, etc.), and what efforts were made to obtain a survey in those instances. The Program Rating of Satisfaction is available in English, Spanish and Creole. Providers are responsible for reproducing the appropriate survey and providing an envelope (that seals) for each respondent. All responses should be completed in ink If a participant cannot read, providers should encourage them to use the same process they use to have other information read to them. An employee of the agency that is not directly responsible for the client's care can read the form. This should be indicated in Section II. as a separate set of staff initials. Filling out the form 1) A language appropriate survey and an envelope should be provided to all participants who are required to complete the fonn. Only one form per family is required. The form must be filled out in ink. 2) Section II of the Program Rating of Satisfaction is to be completed by staff prior to providing the survey document to the program participant. Staff will mark with their initial (usually the case manager responsible for the client's service delivery). If the survey must be read to the client, the staff person initials performing that function should also be included. In no case should the participant's case manager read items aloud to the participant. 3) Section 1 of the Program Rating of Satisfaction Form is to be filled out ONLY by the program. participant. The program participant should be provided a private place and sufficient time to answer the survey. 4) Providers should reassure participants of the confidentiality of their responses. Providers may wish to introduce the survey, as follows: "This survey is one way of helping us determine how well we are helping individuals that come to our agency for assistance, Please take a few minutes after I leave to answer this very short survey as honestly as possible. Your responses are private and we will not look at them. Please seal the envelope and give it to me when you are done (or: put it in the drop box)." 5) The completed survey should be placed in the envelope by the recipient and sealed. Providers are encouraged to provide a "drop box" with a slot for completed forms. 6) The sealed envelope(s) should be forwarded to the Miami -Dade County Homeless Trust on a monthly basis. 7) The provider agency should maintain a log of how many surveys are distributed. ATTACHMENT M "Program Rating Satisfaction Survey" Form Page 2 of 5 PROGRAM RATING OF SATISFACTION DETERMINATION OF MINIMUM AVERAGE SCORE FOR CONSUMER SATISFACTION SURVEY BHRS equivalent average score I was informed of my rights and responsibilities N/A 5.0 I was provided with information about different services that are available forme N/A 5.0 I was involved in making decisions about my care/service plan 11 5.09 I was able .to talk with staff when I needed to 25 5.15 The building and facilities have usually been clean, safe and comfortable 4 5.18 My rights were respected and protected, including my right to file a grievance, if needed N/A 5.0 My case manager seems qualified to help me 1 5.47 I would recommend this program to others 8 5.36 I am treated with respect by the staff 18 5.23 The staff seems to care about whether I get better 20 5.31 Program staff were knowledgeable about available services that could help me 14 5.38 57.17 RECOMMENDED 57.00 ATTACHMENT M "Program Rating Satisfaction Survey" Form Page 3 of 5 PROGRAM RATING OF SATISFACTION EVALUACION DE LA SATISFACCION CON EL PROGRAMA Section I. COMPLETADA POR EL PARTICIPANTE DEL PROGRAMA Instrucciones: Por favor coloque una cruz [XJ en el espacio provisto para responder a las preguntas a continuation. Las respuestas que usted de a este cuestionario no larflulrifn de forma aleurra sabre la continuation de su participation en este prorrarna. TODAS las respuestas se rnantendrdn confidencialmente. 2,Por que decidib usted participar en eI programa? (Marque una casilla solamente): [ ] Lo decidi por mi cuenta (porque fui remitido o por medio de otro programa, etc.) [ ] Fui colocado aqui mediante otro programa (por intervention de los tribunales, la policfa, etc.) en contra de mi voluntad [ ] Ya habfa participado en este programa o en uno similar y decidl regresar Information OPCIONAL: Nombre y apellido: Genero: M [ ] F [ ] Fecha de hoy: Por favor responda a laspreguntas siguientes acerca de los servicios que se le hanprestado. Indique con una cruz jX] EN UNA SOLA CASILLA POR PREGUNTA la forrna en que usted se siente acerca de cada una de las cuestiones deseritas. Como sus respuestas a estas preguntas nos ayudardn a mejorar los servicios que prestamos, le rogarnos que nos Naga saber coma se siente en realidad acerca de nuestros servicios, no inzporta si usted los considera buenos o males Muy de acuerdo De acuerdo Algo de acuerdo Algo en desacuerdo En desacuerdo Muy en desacuerdo Se me informaron cuAIes eran mis derechos y responsabilidades, entre ellos, los procedimientos de Ia agencia para someter quejas. [6] [5] [4] [3] [2] [1] Se me dio information sobre los distintos servicios a los que tengo derecho. [6] [5] [4] [3] [2] [1] Participe en la toma de decisiones referentes a mi plan de atencibn y servicios. [6] [5] [4] [3] [2] [1] Pude hablar con el personal cuando tuve necesidad de hacerlo. [6] [5] [4] [3] [2] . [1] El centro y sus servicios por lo general se han mantenido limpios, sin peligro y accesibles. [6] [5] [4] [3] [2] [1] Se respetaron y protegieron mis derechos, entre ellos, mi derecho a someter quejas si lo considero necesario. [6] [5] [4] [3] [2] [1] Aparentemente, Ia persona encargada de nil caso sabe lo que tiene que hater para ayudarme. [6] [5] [4] [3] [2] [1] Yo les recomendarfa este proyecto a otras personas. [6] [5] [4] [3i [2] [I] Los empleados me trataron respetuosamente. [6] [5} [4] [3] [2] [1] Aparentemente, a los empleados les interesa que yo mejore. [6] [5} [4] [3] [2] [1] Los empleados sabian que servicios podian servirme de ayuda. [6] [5] [4] [3] [2] [1] Section II.: COMPLETADA POR EMPLEADOS DEL PROGRAMA (completed by program staff) Purpose of Evaluation D At Admission O At discharge O Other; Current Level of Care provided ❑ emergency housing ❑ transitional housing/tx ❑ transitional housing/non-tx ❑ permanent housing ❑ services only Provider Name: Project Name: Staff Initials: ATTACHMENT M "Program Rating Satisfaction Survey" Form Page 4 of 5 PROGRAM RATING OF SATISFACTION PWOGRAM POU EVALYE SATISFAKSY.ON Section I. TOUT PATISIPAN NAN PWOGRAM SILA A FfT POU RANPLI PAJ SA A Enstriksyon: Tanpri reponn ehak keksyon anba la a epi fe you ti kwa [xi nan espas ki vid la. Repons nou bay yo pap deranje fczson nap kontinve patisipe nan pwogram sila a. Tout reports yo ap sekre. POUKI W CHWAZI PATISIPE NAN PWOGRAM SILA A (re yon ti kwa nan yon grenn bwat): Se mwen Id chwazi vinnnan pwogram sila a (swa pa referans, swa pa sevis espesyal asistans piblik etc.) Se pa chwa mwen, se yon ]bt pwogram Id voyem (zak tribinal, lapolis etc) Mwen te deja patisipe nan yon pwogram konsa epi mwen deside retounnen. Enfomasyon pou bay si w vle: Non: Dat Jodya: Seks [] Gason [] Fenm Tanpri, reponn keksyon sila yo dapre sevis w resevwa. Fe you kwa ,(.rJ nan yon sel ti kare epi chwazi repons ki plis matche ave w . Keksyon sila yo .la pots ede nou bay pi bon sevis, alb nou mande nou bay repons ki plis matche ave w, Bon jan dakd dako Bake tou piti Pa fine two dako Pa dal(?) Pa dakd ditou Yo fem konnen tout dwa mwen yo ak responsabilite mwen yo ak kouman pou mwen plenyen nan ajans la [6] [5] [4] [3] • [2] [1] Yo te banmwen enfomasyon sou diferan sevis ke mwen kab jwenn [6] [5] [4] [3] [2] [1] Mwen te patisipe nan tout desizyon sou pianifikasyon swen/sevis mwen [6] [5] [4] [3] [2] [1] Amplwaye yo te toujou disponib pou mwen pale avek yo [6] [5] [4] [3] [2] [1] Kate a ak bilding yo te toujou byen pwop, konfotab ak bon sekirite [6] [5] [4] . [3] [2] [1] Tout dwa m te respekte ak pwoteje menm dwa m pou mwen to pote plent si nesese ' [6] [5] [4] [3] [2] [1] Moun kap okipe ka mwen an sanble li kalifye pou 1i edem [6] [5] [4] [3] [2] . [1] Mwen to rekomande pwogram sila a bay tat moun [6] [5] [4] [3] [2] [1] Amplwaye yo trete mwen ak respe [6] [5] , [4] [3] [2] [1] Amplwaye yo sanble yo vreman enterese nan mwen [6] [5] [4] [3] [2] [1] Amplwaye pwogram la te byen •enfome sou tout sevis ki te disponib pou ede m. [6] [5] [4] [3] [2] [1] Section il.: TO BE COMPLETED BY PROGRAM STAFF Purpose of Evaluation ❑ At Admission ❑ At discharge ❑ Other: Current Level of Care provided ❑ emergency housing ❑ transitional housing/tx ❑ transitional housing/non-tx ❑ permanent housing ❑ services only Provider Name: Project Name: Staff Initials: ATTACHMENT M "Program Rating Satisfaction Survey" Form Page 5 of 5 :brGte i,,3CavS4mr. &1..;v'r, INCIDENT REPORT IDENTIFYING INFORMATION Reporting Party Phone # Date of Incident / / Time of Incident _ am/pm Reporting Party Name Contract Provider Name Program Name Provider Location Specific Program: (check all that apply) 0 Miami -Dade County HT ❑ Primary Care 0 CoC Program 0 Emergency 0 Challenge Specific location/ address where incident occurred: TYPE OF INCIDENT ❑ ALTERCATION ❑ CLIENT INJURY OR ILLNESS ❑ SEXUAL BATTERY 0 PROPERTY DAMAGE ❑ CLIENT DEATH ❑ THEFT ❑ SUICIDE ATTEMPT ❑ OTHER INCIDENT Specify PARTICIPANT (S) / WITNESS (ES) (Please mark W or P for either Witness or. Participant) IDENTIFIER # CLIENT LAST NAME, FIRST 0 El 0 EMPLOYEE CI •❑ . OTHER W!P DESCRIPTION OF INCIDENT Give detailed account — who, what, where, when, why, how — add pages if necessary ATTACHMENT N "MDCHT Incident Report Form Page 1 of 2 +r MIAM i?At)E *riireriM1s vd&&rwr Exn.D. CORRECTIVE ACTION AND FOLLOW UP Immediate corrective action taken Is follow up action needed? ❑ Yes 0 No If yes, specify INDIVIDUALS NOTIFIED *Abuse Registry 1-800-962-2873 *Applicable Law Enforcement Department Indicate person contacted, if report was accepted, the date and the time, and if by telephone or if copy of report available. 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. 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, Miami, Florida 33128; telephone (305) 375-1490 and facsmilie (305) 375-2722. Definitions of Reportable Incidents a. Altercation. A physical confrontation occurring between a client and employee or two or more clients at the time services are being rendered, or when a client is in the physical custody of the department, which results in one or more clients or employees receiving medical treatment by a licensed health care professional. b. Client Death. A person whose life terminates due to or allegedly due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in Homeless Trust contracted program facility. c, Client Iniury or Illness. A medical condition of a client requiring medical treatment by a licensed health care professional sustained or allegedly sustained due to an accident, act of abuse, neglect or other incident occurring while in the presence of an employee, in a Homeless Trust contracted program. d. Other Incident. An unusual occurrence or circumstance initiated by something other than natural causes or out of the ordinary such as a tornado, kidnapping, riot, or hostage situation, which jeopardizes the health, safety and welfare of clients. e. Sexual Battery. An allegation of sexual .battery by a client on a client, employee on a client, or client on an employee as evidenced by medical evidence or law enforcement involvement, E Suicide Attempt. An act which clearly reflects the .physical attempt by a client to cause his or her own death- while in the physical custody of the department or a -departmental contracted or certified provider, which results in bodily injury requiring medical treatment by a licensed health care professional. g. Property damage - an incident involving damage to any property procured with Miami -Dade County Homeless Trust funding, Print Name of Person Submitting Report Signature ATTACHMENT N "MDCHT Incident Report Form Page 2of2 MSAM NDADE Ean Real Property and Equipment Asset Inventory Equipment with an acquisition cost of greater than $5,000.00 per unit and all real property must be inventoried. Real property includes land, including land improvements, structures and appurtenances, moveable machinery and equipment. Property and Property Improvement Record: Legal description: Size: Date ofAcquisition: Value at time of purchase: Owner's name (if different than the Subrecipient): Map: (attach map) indicate where property is in parcels, lots or blocks and show adjacent streets and roads Equipment 1: Description of Property: Serial / ID Number: Acquisition Date Cost: Vendor Name: % of Purchase Cost from Grant: Location of Property: Use and Condition of Property: Who Holds Title? Equipment 2: Description of Property: Serial / ID Number: Acquisition Date: Cost: Vendor Name: % of Purchase Cost from Grant: Location of Property: Use and Condition of Property: Who Holds Title? Equipment 3: Description of Property: Serial / ID Number: Acquisition Date: Cost: Vendor Name: % of Purchase Cost from Grant: Location of Property: Use and Condition of Property: Who Holds Title? *(please create as additional pages as required) ATTACHMENT 0 Miami -Dade County Homeless Trust "Real Property and Equipment Asset Inventory United State, Department of Housing and Urban Development 24.CPR Part 578 RENTAL ASSISTANCE ATTACHMENT P "Rental Assistance" if applicable)