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HomeMy WebLinkAbout2012 Continuum of Care Prgm. Grant Agrmt.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 2P��oFr} U.S. 0U.S. Department of Dousing and Urban Development Office of Community Planning 9 SE FDevelopment stlAvenue Miami, FL 33131 0,1 4i4Ar DO OP Tax ID No.: 59-6000573 Project Location L � MI -DM COUNTY, FLORIDA Giant Number. 205 Effective Date: 8/1/2013 DUNS No.: 004148292 2012 CONTINUUM OF CARE PROGRAM GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States T. and Miami -Dade County (the Department of Housing and Urban Development ("HUD") "Recipient"). Ass This Agreement is governed by title IV of the o Cinre P oentgrao timeless (the istance Act 42 U.S.C. 11301 et seq. (the "Act") and the Continuum "Regulation"). The terms "Grant" or "Grant Funds" mean the fd b iss'othat are pr o prtheovided ubasis nder thwhich the Agreement. The term "Application" means theand any Grant was approved by HUD, including the certifications, condition. sAll other terms sha if have the or documentation required to meet any grant award meanings given in the Regulation. The Application is incorporated herein as part of this o des funded by this Agreement. nt, except that only the project listed, and only in the amount listed on the S p p provision contained in this In the event of any conflict between any application provision and anyp Agreement, this Agreement shall control. Exhibit 1, the FY2012 Scope of Work, is attached hereto and made .a part ient ehereof. If under a Notice appropriations are available for Continuum and,Cf pursuantare ; and if to the selection criteria in the Notice of of Funds A Availability published by, then Funds Availability, HUD selects Recipient and the n 1 exhibits, attaehed,lwill also bec exhibitsditional a may be attached to this Agreement. Those additt part hereof. Agreement is a The effective date of the Agreement shall be f the ate of roject funded bcution y thisy g and it is the dstart date in LOCCS for project, which new use of funds underientthis Agreement may berm projecthen the is eligible the renewal. If this new project, Recipient and HUD will set an operating willr be used e trackfunding expenditures and ct, determine e t term of this Agreement shall begin ncur e fdr the thed of Recipient's renal operatings finding yer a pror t rant barn renewed and the for the grant being renewed, and eligible cos Recipient s final hendyearyear under the g g project between the end of Recipient's final operating year of this execution of this Agreement maybe paid with funds from the first operating Agreement. agreement of the This Agreement shall remain in efauthorit termination of 24 CFR 578 107; or 3� upon expiration of parties; 2) by HUD alone, acting under they Agreement. the final operating year of the project funded under this Ag'1 www.hud.gov espanoLhud.gov Page 37 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 38 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 HUD 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 I-IUD.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 Signature) 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 gov Telephone: (305) 375-1490 (Signature of Authorized Official) Carlos A. Gimenez , County Mayor (Typed Name and Title of Authorized Official) (5[9 / 3 (Date) www.hud.gov espanol,hud.gov Page 39 Tax ID Number: 59-6000573 Project Location: MIAMI-DADE COUNTY, FLORIDA Grant Number: FL0189L4D001205 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 1a: 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 $298,234 for project number FL0189L4D001205. 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 Planning cost $ 0 b. Acquisition $ 0 c. New construction • $ 0 d. Rehabilitation $ 0 e. Leasing $ 0 f. Rental assistance $ 0 g. Supportive services $ 278,724 h. Operating costs $ 0 i. HMIS $ 0 j. Administration $ 19,510 4. No funds for new projects may be drawn down by Recipient until HUD has approved site control pursuant to §578.21 and §578.25 and no funds for renewal projects may be drawn down by Recipient before the end date of the project's final operating year under the grant that has been renewed. wtivw.hud.gov ospanoLhud.gov Page 40 FEDERAL REGISTER Vol. 77 Tuesday, No. 147 Judy 31, 2012 Part I I 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 4542t2 Federal Register/Vol. 77, No. 147/Tuesday, )u1y.31, 2012/Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT • 24 CFR Part 578 [Docket No. FR-5476-I-01] RN 2506-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 of2009 (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 Continu„m.of Care program, including the Continuum 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 Room Occupancy (SRO) program, This rule establishes the regulations for the Continuo 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 disbursed, 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 and title. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0500. 2, Electronic Stibmissian of Comments. Interested persons may submit comments electronically through the Federal eRulemaldng Portal at Ynww.regulations.gov. HUD strongly , encourages commenters to submit comments electronically. Electronic submission of comments allows the ' commenter ma�dmum 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 vi w.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 specified above.. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Comments, 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 B00-877-8339. Copies of all coiments 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 endUrban ' Development, 451 7th Street SW., Washington, DC 2041D-7000; telephone number 202-708-1300.(tbie is not a toll - free number). 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 vile minimizing the trauma and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effective utilization of mainstream programs by homeless individuals and families; and optimize self-sufficiency among individuals and families experiencing homelessness. The HEARTH Act streamlines HUD'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 care, which are community -based homeless assistance program planning networks, will 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 coarriinated, 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 end the process for applying for Continuum of Care grants. Summary of Major Provisions The major provisions of this rulemaking 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 s 45423 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 "Contiriuuxn of Care" is a geographically based group of representatives that carries out the planning responsibilities bf tha Cfii31i5iuiu i of 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 Core (Subpart B): In order to be eligible for funds under 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 tracking of performance on a project -by -project basis. In addition, each Continuum is responsible forestablishing 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 coordinates and• implements a system that meets the needs of thehomeless population within its geographic area. Continuu m s are also responsible for preparing and overseeing an application. for funds. Continuums 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 Continuum'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 amounts available for bonus dollars. HUD has established 'selection' criteria for determin ng hich applications will receive funding under the Continuum of Care program. Recipients awarded. Continuum of Care funds must 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 (Subpart D):.Continuum of Care funds may be used for projects under five program components: Permanent housing, transitional housing, supportive services only, HMIS, and, in some limited cases, homelessness prevention. The rule further clarifies how the following activities are considered eligible costs under the • Continuum of Care program: Continuum of Care planning activities, Unified Funding Agency costs, acquisition, rehabilitation, new construction, leasing, rental assistance, supportive services, operating costs, HMIS, project administrative costs, relocation costs, and indirect .costs. 5. High -Performing Communities (Subpart b'): 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- and/or 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 seive 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 Fuurlin g Availability that HUD will issue each year. Notably, the HEARTH Act requires that all eligible funding costs, except leasing, must be matched with noless than 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 .of assistance to participants who violate program requirements or conditions of occupancy. 7. Grant Administration (Subpart G): To effectively administer the grants,• HTJD'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 territories. 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 (Le., Shelter Plus Care, Supportive Housing Program, Single Room Occupancy). The changes initiated by this interim rule will encourage Continuums of Care 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. $1,593,000,000 for the Continuum of Care and Rural Housing Stability 45424 Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations Assistance programs. Upon publication established the program requirements of this rule, those FY 2012 funds will be for the Emergency Solutions Grants available for distribution, as governed program and contained corresponding by these Continuum of Care regulations.. amendments to the Consolidated Plan I. Background —HEARTH Act • regulations, On December 9, 2011, HUD continued the process to implement the On May 20, 2009, the President HEARTH Act, with the publication of signed into law "An Act to Prevent the proposed rule titled "Homeless Mortgage Foreclosures and Enhance Management Information Mortgage Credit Availability," which Management f o(7r at on Systems which became Public Law 111-22. This law Re• provides fnr uniforna tedglia: implement's a variety of inea ii`ras• requirements for Homeless Management directed toward keeping individuals information Systems (HMIs), for proper and families from losing their homes. data collection and maintenance of the Division B of this law is the HEARTH and ensures the Act, which consolidates and amends database,nfidsntiality oof the information in the three separate homeless assistance • programs carried out under title IV of database. Today's publication of the the McKinney-Vento Homeless interim rule for the Conti.nuilm of Care Assistance Act (42 U.S.C. 11371 et seq.) • program continues HUD's (McKinney-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 frametwork for the Continuum of Care enhance response coorrlinati.on 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 Continuum of Care. Continuum of Care planning process, Prior to the amenriTnent of the the coordinated response to addressing McKinney-Ventototamen rant the HEARTH the needsof the homeless, which was Act,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 HEARTH - participate in local homeless assistance Act r m : The S the following program planningnetworks referred to programs: The Supportive Housing as a Continuum of Care, a system program, the rateShelReer habilitation/Single Gate n/Singleam, administratively established by HUD in and the ccMpancy program.rtaticn/Single 1995. A Continuum of Care is designed Room Occupancy The Emergency Shelter Grants program is to address the critical problem of 1 through a oordinated c renamed the Emergency Solution s home essness . Grants program and is revised to community -based process of identifying Council on Homelessness (both would broaden extistin.g 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 mediten-term rental approach is predicated on the earlier, HUD published. onDecember 9, assistance and services to rapidly understanding that homelessness is not 2011, a proposed rule to establish HMIS rehouse homeless people. The HEARTH caused merely by a lack of shelter, but regulations in accordance with the Act also creates the Rural Housing while the Stability program to replace the Rural Homelessness Grant program. HUD commenced the process to implement the HEARTH Act with rulemaldng that focused on the definition of "homeless." HUD assistance grant programs (Supportive dance. published a Homeless" rule, April 20, Housing, Shelter Plus Care, and Single The following provides an overview "Defining75R0 41mwhic" wason followed 2010byRoom Occupancy) into the single grant of the proposed rule. (75 FR 20541), which followed by ro am blown as the Continuum of a final rule that was published on p 5 p General Provisions (Subpart A) December 5, 2011 (76 FR 75994). The Care program. The consolidation of the 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 homelessness; provide fclnding 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 (inciurbng unaccompanied youth) and requirements related to the "homeless" coordination of the provision of housing families while minimizing trasma 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 mains reaenc programs; and ndfopti awl ze and (76 FR 75954), This interim rule this congressional intent. y g II. Overview of Interim Rule As amended by the HEARTH Act, Subpart C of the McKinney-Vento Homeless Assistance Act establishes the Continuum of Care program. The purpose of the program is to promote communitywide commitment to the goal of ending homelessness; provide funding for efforts by nonprofit providers, and State and local gevernmente to.quir1dy rehouse. homeless individuals and families while minimizing the traiuna and dislocation caused to homeless individuals, families, and communities by homelessness; promote access to and effective utilization of mainstream 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 HEARTH 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 other funding streams and resources— federal, local, or private--oftargeted homeless programs and other mainstream resources. In many communities, the Continuum of Care is the coordinating body, while in other communities it is a local Interagency involves a variety of underlying, unmet HEARTH Act. However, needs —physical economic, and social: be established or Act HIviIS, at HMIS regulations ions not The HEARTH Act not only codified in new to many HUD grantees, Until ' law the planning system lmowm as regulations for HMIs are promulgated in HUD's existing HMIS, instructions and three e Continuum existing of Care, but consolidated competitive homeless at ed the final grantees Should continue to follow Federal Register /Vol. 77, No, 147 / Tuesday, July 31, 2012 / Rules and Regulations M 45425 families experiencing homelessness. The program is composed of transitional. housing, permanent supportive housing for disabled persons, permanent housing, supportive services, and IL IrS. 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 liav0'already bleb: 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 rule, 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 additional public comment is not being sought through this rule. HLID 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 program is not adopi �"ng the full definition of "nl,ronica ly homeless" 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 concems 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 includes 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 key definitions used in the Continuum of Care program regulations, and HUD solicits comment on these definitions. Applicant is defined to mean an entity that has been designated by the Continuum of Care as eligible to apply 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 may apply for and receive Continuum of Care planning funds. Centralized or coordinated assessment system is defined to mean a centralized or coordinated process • designed to coordinate program participant intake, assessment, and provision of referrals. A:centralized. or coordinated assessment system covers the geographic area, is easily accessed by individuals 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 Care to apply for a grant for Continuum of rare 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. HUn 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 in 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 the 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 Y 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, 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 Continuum represents and' is available to participate in the Continuum. For example, if a Continuum of Care did not have a university within its geogra- hic boundaries, then HUD woud 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 Continuum of Care, as noted above, caries out the -statutory duties and responsibilities of a collaborative applicant. HUD established the Continuum of Care in 1995. Local grantees and stakebolders are familiar with the Continuum. of Care as the coordinating body for homeless services and homelessness prevention activities across the geographic area, Consequently, II13D is maintaining the • Continuum of Care terminology, and the rule provides for the duties and responsibilities of a collaborative applicant to be carried out under the name Continuum of Care. • • I�'gh-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 1cKinney-Vento Act provides that HUD shall designate, on an annual basis, which -collaborative applicants represent high•performing comminities. Consistent with HUD's substitution of the term "Continuum of Care" for "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 high -performing communities. The standards for becoming a high -performing community can be found in § 578.65 of this interim 45426 ' Federal Register/Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations 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 activities carried out under subtitle C, earnings of j bigh onuses to the benefit actlivitiesc carried 'es tl n er in-u section of any member, founder, contributor, or 423(a),undertaken pursuant to a individual; (B) that has a voluntary 3aendeavor, such as t toia a board; (C) that has an accounting . articular population providing a system, or has designated a fiscal agent particular population resourcen or HUD's daion in accordance with requirements of "project" in this interim rule, the established by the Secretary; and (D) eligible "project" interim sthe that -practices nondiscrimination in the-' eligible a) oftheMess described in Act have regulatoryction oof definition o assistance?' ri HUD's been identified. In the regulatory text, nonpofit rga izati of "private HUD has clarified that it is a group of nonprofit organization," HUD clarifies one or more of these eligible costs that that the organtzation's accounting system must be functioning and are identified as a project in an operated in accordanceapplication to HUD for Continuum of with generally Care funds. accepted accounting principles. HUD Recipient is defined to mean an has included this language to make applicant that signs a grant agreement certain that accounting systems are with HUDHUD's definition of workable and. abide by definite, accurate "recipient , " • is consistent with the standards. As reflected in the statutory definition of"private nonprofit statutory definition of "recipient," but does not track the statutory language. organi nation," HUD may establish •Section 424 of the McKinney-Vento Act emergency shelter. This distinction is requirements for the designation of a defines "recipient" as "en eligible entity necessitatedby the McKinney-Vento fiscal agent. HUD has determined that who —(A-) submits an application for a Act's explicit distinction between what the fiscal agent, such as a Unified grant under section 422 that is approved activities can or cannot be funded -under Funding Agency, a term that is also by the Secretary; (B) receives the grant the Continuum of Care program. The defined in section 424 of the McKinney,- directly from the Secretary to support regulatory definition clarifies that, to be Vento Act, must maintain a functioning approved projects described in the transitional housing, program accounting system for the organization application; and (C)(i) serves as a project participants must have signed a lease or in accordance vrith generally accepted sponsor for the projects; or (ti) awards occupancy agreement that is for a term accounting principles. the funds to project sponsors to carry of at least one month and that ends in Permanent housing is consistent with out the projects." All of the activities 24 months and cannot be extended. 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 Continuum of Care to apply for a grant the statutory language. HUD's regulatory sections of the rule dealing with what a for the entire Continuum, which has the definition of "permanent housing" recipient han 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 cor momity-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 egu tof Continuum definition reflect nuum of UD' for s be the tenant on a lease for a term of at Continuum of Care program regulations. substitution least one year that is renewable and is The term "safe haven" is used for collaborative applicant. terminable only for cause. The lease purposes of determining whether a Establishing and Operating the must be reneitiable for terms that are a person is chronically homeless. The Continuum of Care (Subpart minimum of one month long. HUD has housing must serve hard -to -reach determined that requiring a lease for a homeless persons with severe mental In general. The statutory authority for terra of at least one year that is illness who came from the streets and the Continuum of Care programis renewable and terminable only for • have been unwilling or unable to section 4.22 of the McKinney Vento Act. cause, assists program participants in participate in supportive services. In As stated under section 1002 of the obtaining 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 These requirements are consistent with for an unspecified period, have an Section 8 requirements. overnight capacity limited to 25 or rule and will be discussed later in this Specific request for comment. HUD fewer persons, and provide low -demand preamble, specifically requests comment on services and referrals for the residents. 1 f a term of at least Subrecipient is defined to mean a requiring a ease or one year to be considered permanent private nonprofit organization, State or housing. local government, or instrumentality of Project is consistent with the statutory a State or local government that receives definition of "project" in section 401 of a subgrant from the recipient to operate the McKinney-Vento Act, but does not a project. The definition of track the statutory language. Section 401 "subrecipient" is consistent with the defines "project" as, with respect to definition of "project sponsor" found in section 401 of the McKinney-Vento 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 individuals and families experiencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary." The definition has been expanded to distinguish this type of housing from of the HEARTH Act is to codify the Continuum of Cate planning process. Consequently, under this interim rule, Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations 45427 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, As 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 "exceptiun uI applying te-HUD for gall— • 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 and implementing decisions that affect the entire geographic area covered by the Continuum, including decisions related to funding. This approach allows the Continuum 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 th.e comparable duties of section 402(f) 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 ofthe Continuum of Care, Establishing the Continuum of Care. In order to be eligible for funds under the Continuum of Care program, • representatives from relevant orgeni?ations 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 organi rations 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 thatmakes 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 seciion: lTo board neta;ber 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 chair 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 Continuum'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. HUD invites ESG 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 HUD; 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 decision -making levels. Responsibilities of the Continuum of Care. The interim rule establishes three major'duties for which the Continuum of Care is responsible: To operate the Continuum of -Care, to designate an BMIS for the Continuum 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 HEARTH Act, This Continuum, of Care performance approach results in cooperation and coordination among providers. Second, because Continuums of Care will have grants of up to 3 percent of Final Pro Rata Need (FPRN) to be used for eligible Continuum of Cara plannieg costs, HUD is requiring more formal decision- maldng 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 centralized or coordinated assessment system that provides an initial, comprehensive assessment of the needs of individuals and families for housing and services. As detailed'inthe Rmergency Solutions Grants program interim role 'Dub lisbed on December 5, 2011,.throug.a 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 centrali7ed or coordinated assessment systems are important in ensuring the success of homeless assistance and homeless prevention programs in communities. 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 indi.vidlia1 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. 147 /Tuesday, July 31, 2012 /Rules and Regulations common assessment tool, the form, violence victims; or the location of detail, and use of that tool will vary victim service providers with from one community to the next. Some centralized assessment teams. examples of centralized or coordinated HUD invites suggestions for ensuring assessment systems include: A central that the requirements it imposes location or locations within a regarding centralized or coordinated geographic area where individuals and assessment systems will best help families must be present to receive communities use their resources homeless services; a 211 or other hotline effectively and best meet the needs of all system that screens and directly families and individuals who need connects callers to appropriate homeless assistance. Questions that HUD asks hausing%service providers fn the area; e commenters tone ie1ifir'ally-atldress are: "no wrong door" approach in which a What barriers to accessing housing/ homeless. family or individual can show services might a centralized or up at any homeless service provider in coordinated intake system pose to the geographic area but is assessed using victims of domestic violence? How can , the same tool and methodology so that those barriers be eliminated? What referrals are consistently completed , specific measures should be across the Continuum of Care; a implemented to ensure safety and specialized team of case workers that confidentiality for individuals and provides assessment services to families who are fleeing or attempting to providers within the Continuum of flee domestic violence situations? How Care; or in larger geographic areas, a should those additional standards be regional approach in which "hubs" are implemented to ensure that victims of created within smaller geographic areas. domestic violence have immediate HUD intends to develop technical access to housing and services without assistance materials on a range of increasing the burden on those victims? centralized and coordinated assessment For communities that already have types, including those most appropriate centralised or coordinated assessment for rural areas. systems in place, are victims of HUD recognizes that imposing a domestic violence and/or domestic requirement for a centralized or violence service providers integrated coordinated assessment system may into that system? Under either scenario have certain costs and risks. Among the (they are integrated into an assessment risks that HUD wishes specifically to process or they are not integrated into address are the risks facing individuals it), how does your community ensure and families fleeing domestic violence, the safety and oonfidentiality of this dating violence, sexual assault, and population, as well as access to stalling. In developing the baseline homeless housing and services? What requirements for a centralized or HUD -sponsored training would be coordinated intake system, HUD is helpful to assist communities in considering whether victim service completing the initial assessment of providers should be exempt from victims of domestic violence in a safe participating in a local centrali led or and confidential manner? coordinated assessment process, or In addition to comments addressing wb.ether victim service providers should the needs of victims of domestic • have the option to participate or not, violence, dating violence, sexual Specific request for comment. HUD. assault, and stalking, HUD invites specifically seeks comment from general comments on the use of a Continurnn of Care -funded victim centrali7ed or coordinated assessment service providers on this question. As • system, particularly from those in set forth in this interim rule, each commenities that have already Continuii m of Care is to develop a implemented one of these systems who Continuum of Care will be the larger specific policy on how its particular can share both what has worked well planning organization, the Continuum system will address the needs of and how these systems could be of Care must develop and follow a 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 stalling, 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 (NOFA). include reserving private areas at an seeking emergency shelter services due While these planning duties are not assessment location for evaluations of to immediate danger, regardless of explicitly provided in section 402(f) of individuals or families who are fleeing, whether they are seeking services the Act, HUD has included them to or attempting to flee, domestic violence, through a victim service provider or facilitate and clarify the Continuum of dating violence, sexual assault, or nonvictim service provider. Care planning process. Consistent with stalking; a separate "track" vrithin the Another duty set forth. in this part, is the goals of the IMARTH Act, HUD assessment fram ework that is the requirement to establish and strives, through this interim rule, to specifically designed for domestic consistently follow written standards provide a comprehensive, well - when administering assistance under this part. These requirements, established in consultation with recipients of Emergency Solutions . Grants program funds within the geographic area, are intended to coordinate see ice delivery across the geographic area and assist Continuums of Care and their recipients in evaluating the eligibility of individuals and families consistently and ad ei.nisteringassistance-fairly-and--- methodically. The written standards can be found in § 578,7(a)(9) of this interim rule. Designating and operating an IMES. The Continuum of Care is responsible for designating an HMIS and an eligible applicant to manage the HIES, consistent with the requirements, which will be codified in 24 CFR part 580. This duty is listed under section 402(f)(2) of the McKinney-Vento Act. In addition, the Continuum is responsible for reviewing, revising, and approving a privacy plan, security plan, and data quality plan for the HMIS and ensuring consistent participation of recipients and subrecipients in the HMIS. • Continuum of Care planning, The Continuum is responsible for coordinating and implementing a system for its geographic area to meet the needs of the homeless population and subpopulations within the geographic area. The interim rule defines the minimum requirements for this systematic approach under § 578.7(c)(1), such as emergency shelters, rapid rehousing, transitional housing, permanent supportive housing, and prevention strategies. Because there are not sii9cient resources available through. the Continuum of Care program to prevent and end homelessness, coordination and integration of other funding streams, including the Emergency Solutions Grants program and mainstream resources, is integral.to carrying out the Continuum of Care System. HUD has determined that since the Federal Register /Vol, 77, No. 147 /Tuesday, July 31, 2012•/Rules and Regulations p 4542,9 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 services ivallable within the geographic area,eproviding information necessary to complete the Consolidated Plan(s) within the geographic area, and consulting with State and local government Emergency Solutions Grants program recipients within the Continuum of Care on the plan for allocating Emergency Solutions Grants program funds and reporting an 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 Continun -en must also establish priorities for funding projects within the geographic area and determine the number of applications being submitted. for fundin 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 funding to HUD on its behalf. lithe Continuum of Care is an eligible applicant, the Continuum of Care may submit an application. If the Continuum selects more than one application, the Continuum 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 from all projects within the geographic area that the Continuum has applicant. For -profit entities are net eligible to apply for grants or to be subrecipients of grant finds. Section 401(10) of the McKinney- Vento Act identifies that collaborative applicants may be legal entities, and a legal entity may include a consortium 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. HUD has not included a compliance with .§ 578,107. consorti»rn in the list of eligible Wh&ther tlie`Coi ttiititiurn of Cate- applidants: 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 group 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 Funding .-Continuum of Care. A Continuum is Agency (UFA) for the Continuum .of able to combine more than one Care, the Continuums 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 ' including the following factors: A § 578.11 are consistent -with 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 discussedbelow, HUD will first . of grant amounts for this program, such determine a Continuum 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 Care 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 far grants. Section urban county, non -urban county, and' 57.8.13 of this interim rule addresses the insular area clatmedby the Continuum remedial actions that may be taken. ' of Care as part of its geographic area, Overview of the Application and Grant excluding any counties applying for, or receiving funds under the Rural' Award Process (Subpart C) Housing Stability Assistance program, Eligible applicants. Under this interim the regulations for 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-Vento 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 formula 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. HULL 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 roust designate that need formula is run., 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 • the case that there is one application for projects, the recipient of the funds is required to have signed agreements with 45430 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 20121Rules and Regulations the NDFA, to be set aside to provide a bonus, and the amount necessary to fund Continuum of Care planning activities and UFA costs from the total funds made available for the program each fiscal year. On this amount, HUD will use the following process to establish an area's PPRN. First, 2 percent of the total funds available shall be allocated among the four insular areas (American Samoa, Guam, the Commonwealth of the Noi h n Marianas, and the Virgin Islands) based upon the percentage each area received in the previous fiscal year under section 106 of the Housing and Community Development Act of 1974. Second., 75 percent of the remaining funds made available shell be allocated to metropolitan cities and urban counties that have been funded under the Emergency Solutions Grants program (formerly mown as the Emergency Shelter Giants program) every year since 2004. Third, the remaining funds made available shall be allocated to Community Development Block Grant (CDBG) metropolitan cities and urban counties that have not been funded under the Emergency Solutions Grants program every year since 2004 and all other counties in the United States and Puerto Rico. Recognizing that in some federal fiscal years, the amount available for the formula may be less than the amount required to renew all existing projects eligible for renewal in that year for at least one year, HUD has included a method for distributing the reduction of funds proportionally across all Continuums of Care in § 578.17(a)(4) of this interim rule. HUD will publish the total dollar amount that each Continuum will be required to deduct from renewal projects Continuum -wide, and Continuums will have the authority to determine how to arimi n i ster the cuts to projects across the Continuum. Specific request for comment. HUD specifically requests comment on the method established in § 578.17(a)(4) to reduce the total amount required to renew all projects eligible for renewal in deadline announced in the NOFA. Care program funding under this part that one year, for at least one year, for An applicant may provide assistance must supply all available, relevant each Continuirn of Care when funding is not shift cient to renew all projects nationwide for at least one year. The second step in determining a Continuum's maxim»m award amount is establishing a Continuum of Care's "renewal demand." The Continuum's renewal demand is the sum of the 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 assistance, before any adjustmentsn.,and to rental applications eline and pCCDTaalaCe with the rocedures specified in applicant fouum r the geographic ares more a, one HUD assi.sta„ce, leasing, and operating line gut P P items based on changes to the FMRs in the geographic area. Third, HUD will determine the Continuum of Care's Final Pro Rata Need (FPRN), which is the higher of; (1) PPRN, or (2) renewal demand for the Continuum of Care. The FPRN establishes the base for the maximum award amount for the Continuum of Care. Fourth, HUD will determine the rnaeiimum award amount, The meedruum award amount for the Continuum of Care is the FPRN amount plus any additional eligible amounts for Continuum planning; establishing fiscal controls for the Continuum; updates to leasing, operating, and rental assistance line items based on changes to FMR; and the availability of any bonus funding during the competition. Application process. Each fiscal year, HUD will issue a NOFA. All applications, including. applications for grant funds, and requests for designation as a UFA or HPC, must be submitted to HUD in accordance with the requirements of the NOFA and contain such information as the NOFA specifies. Applications may request up to the maximum award amount for Continuums of Care. An applicant that is a State or a unit of general local government must have a HUD -approved, consolidated plan in accordance with HUD's Consolidated Plan regulations in 24 CFR part 91. The applicant must submit a certification that the application for funding is consistent with the HUD -approved consolidated plan(s) in the project's jurisdiction(s). Applicants that are not States or units of general local - government must submit a certification that the application for funding is consistent with the jurisdiction's HUD - approved consolidated plan. The certification roust be made by the unit the NOFA and award funds to recipients through a national competition based on selection criteria as defined in section 427 of the McKinney-Vento Act, HUD will announce the awards and notify selected applicants of any conditions imposed on the awards. Grant agreements. A. recipient of a conditionally awarded grant must satisfy all requirements for obligation of funds; otherwise, HUD will withdraw its offer of the award: These conditions include establishing site control, providing proof of match, complying with environmental review under § 578.31, and documenting financial feasibility within the deadlines under § 578.21(a)(3). HUD has included in the interim rule the deadlines for conditions that may be extended and the reasons for which HUD will consider an extension. The interim rule requires that site control be established by each recipient receiving funds for acquisition, rehabilitation funding, new construction, or operating costs, or for providing supportive services, HUD has determined that the time to establish - site control is 12 months for projects not receiving new construction, acquisition, or rehabilitation funding,, as stated under section 426(a) of the MclCinney- Vento Act, not 9 months as stated under section 422(d) of the McKinney-Vento Act, for projects receiving operating and supportive service funds. HUD's determination on the time needed to establish. site control is based on previous prop am policy, and the longer time frame takes into consideration the reality of the housing market Projects receiving acquisition, rehabilitation, or new construction funding must provide evidence of site control no later than 24 months after the announcement of grant awards, as provided under section 422(d) of the McKinney-Vento Act. of general local government or the State, The interim rule requires that HUD in accordance withHUD's regulations in perform an environmental review for 24 CFR part 91, subpart F. The required each property as required under HUD's certification must be submitted by the environmental regulations in 24 CFR funding application submission part 50. All recipients of Continuum of under this program only in accordance information necessary to HUD, and with HUD subsidy layering carry out mitigating measures required requirements in section 102 of the by HUD. The recipient, its project Housing and Urban Development partners, and its project partner's Reform Act of 1989 (42 U.S.C. 3545). In contractors may not perform any eligible this interim rule, HUD clarifies that the activity for a project under this part, or applicant must submit information in its commit or expend HUD or local funds application on other sources of funding for such activities until HUD has Federal Register / Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations 15431 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 Continuum of Care... planning costs and UFA costs, if any, Similarly, these two grant agreements will cover the entire geographic area and a default by the recipient under one. of those agreements will also constitute a default under the 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 McKinney -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 ensure that individuals and families experiencing homelessness are involved in the operation of the project, maintain confidentiality of program participants, and monitor and report matching funds to HUD, among other requirements. The recipient roust 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 centralised or coordinated assessment system provided that all victim service providers in the area use a centralized or coordinated assessment system that meets HUD's mi.nimnm requirements. HUD has provided this optional ' • exception because it understands the unique role that victim service providers have within the Continuum of Care. • Renewals. The interim rule provides that HUD may fund, through the Continuum of Care program, .all projects that were previously eligible under the McKinney-Vento Act prior to the enactment of the HEARTH Act. These projects may be renewed to continue ongoing Ieasin.g, operations, supportive services, rental assistance, HMIS, and administration beyond the initial funding period even if those projects -would not be eligible under the Continuum 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 en time and in such manner as required by IUD, but did not leave 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 d.o not lose their housing. The interim rule provides, based on the language in section 421(e) of the McKinney-Vento Act, that HUD may renew the project, upon a finding 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 HUD 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 of the 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 the manner 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 for the renewal project. Appeals. The interim rule provides certain appeal options for applicants that were not awarded funding. Under section 422(g) of the McKinney-Vento Act, if more than one collaborative applicant subnits an application covering the same geographic area, HUD must award funds to the application that scores the bighes score based on the selection criteria set forth in section 427 of the Act. Consistent with HUD's use of the term 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 highest total score and that no projects from the lower scoring continuum of 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 a certification. of cnncistency with a consolidated plan withheld, thet 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 apphcant 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 deadline established in the NOFA to be considered for funding. The statute also requires that HUD establish an appeal process for orgaDivations that attena.pted 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 organ nation may submit a solo application to HUD and appeal the Contnuum's decision not to include it in the Continuum's application. If HUD finds that the solo applicant was not permitted to participate in the Continuum 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 applicant(s), Section 422(10(1) of the McKinney- Vento Act requires that "HUD establish a timely appeal procedure for grant amounts awarded or denied under this subtitle to a. collaborative application," The interim rule sets an appeal process t for denied or decreased funding under § 578.35(c). Applicants that are denied funds by HUD, or that requested more funds than HUD awarded, may appeal. 4543 2 Federal Register /Vol. 77, No. 1.47 / Tuesday, July 31, 2012 f Rules and 'Regulations by filing a written appeal within 45 days of tha date of HUD's announcement of the award. HUD will notify applicant of its decision an the appeal 'within 60 days of the date of HUD'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, HIES, 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 HMIS designated by the Continuum of Care are also eligible under all components. Consistent with the definition of deterrnined that programs should homelessness prevention component by require at least case management fox recipients in Continuums of Care that some initial period after exiting have been designated HPCs by HUD. homelessness. HUD has imposed the Eligible activities are housing relocation requirement that rapid rehousing and stabilization services, and short - include, at a minimum, monthly case and/or medium -term rental assistance, management meetings with program as set forth in 24 CFR 578,103, participants (except where prohibited necessary to prevent an individual or by the Violence. Against Women Act family from becoming homeless, (VAWA) and the Family Violence Planning activities. Under this interim Prevention and Services Act.(FVPSA)) rule, HUD lists eligible planning costs and allows for a full range of supportive for the Continuum of Care wider services to be provided for up to 6 § 578.39(b) and (c), HUD will allow no months after the rental assistance stops, more than 3 percent of the FPRN, or a Many other HUD programs, such as . maNdmum amount to be established by Section 8 and HOME, provide housing the NOFA, to be used for certain costs. without supportive services to low- These costs must be related to designing income individuals and families. a collaborative process for an With respect to rapid rehousing, the application to HUD, evaluating the interim rule provides that funds under outcomes of funded projects under the this part may be used to provide Continuum of Care and Emergency supportive services and short-term Solutions Grants programs, and and/or medium -term rental. assistance. participating in the consolidated plan(s) While the time frames under which a for the geographic area(s). Under section program participant may receive short- 423 of the McKinney-Vento Act, a term or medium -term rental assistance collaborative applicant may use no more set forth in this part match the time than 3 percent of total funds wade frames set forth in the Emergency available to pay for administrative costs 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 Continuum of Care higher of PPRN ox renewal demand, in program are not limited to housing the interim rule, HUD has determined. relocation and stabilization services as that FPRN strikes the correct balance, as they are in the Emergency Solutions it is the higher of demand. This will ms Continuums of or renewal Grants program. Program participantshelp • 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 services available to program administrative funds related to CoC participants that better align the services planning made available will be added hlich tha (?nC s permanent housing in section 401 of the available to program participants with to a CoC s FPRN to esta McKinney -Vent° Act and § 578,3 of this those set forth in the Emergency maximum award amount. interim rule, the permanent housing Solutions Grants program. Unified Funding Agency Costs. Under 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 on planning costs far CoC, HUD and families to litre as independently as is the basis fox HUD's determination to will allow no more than 3 percent of the possible. The interim rule clarifies that require case management for some FPRN, or a maximum amount to be Continuum of Care funds may be spent initial period after exiting homelessness, established by the NOFA, whichever is on two types 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 persons with disabilities (PSH) and management. made available for CoC planning costs. rapid rehousing that provides temporary The interim rule provides that the UFA costs include costs associated with assistance (i.e., rental assistance and/or HMIS component is fox funds that are ensuring that all financial transactions supportive services) to program used by HMIS Leads only. Eligible costs carried out under the Continuum of 1 structure in which the Care program are conducted and records participants in a unit that the program participant retains after the assistance ends. °per lea, mclurliu arranging for an Although the McKinney -Vent° Act is operated, and. HIviiS costs related to Prind P g �g authorizes permanent housing without establishing, operating, and customizing annual survey, audit, or evaluation of supportive services, the interim rule a Continuum of Care's HMIS. the financial records of each project does not. Based on its experience with As set forth in Section 424(c) of the carried out by a subrecipient fundedby the Supportive Housing and Shelter. McKinney -Veto Act, Continuum of Care a .grant received through the Continuum Plus Care programs, HUD has funds may be used only for the of Care program. The funds made MClude easing a HMIS is operated, operating funds to. meintaiaed in accordance with ate a structure in which the HMIS generally accepted accounting Federal Register / Vol. 77, No. 147/ Tuesday, July 31, 2012 /Rules and Regulations r.45433 available to UFAs related to establishing fiscal controls will be added to a CoC's. FPRN to establish the CoC Maximum. '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 funds aid the landlord; • HUD fecognizes 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 § 57 8.51; 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 meets the requirements in § 578.51. The rule provides that a recipient of a grant - awarded wider 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 am endments to the McKinney-Vento Act. The interim rule provides that leasing funds may not be used to lease units or structures owned by the recipient, subrecipient, their parent organization(s), any other related orgenizatioa(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 exception. 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 of their income. Income must be calculated in accordance with HUD's regulations in 24 CFR 5.609 and 24 CFR 5.611(a). However, the interim rule clarifies that projects may not charge program fees. Rental assistance. Under this 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 - based, 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 f ,rirling for short-term, medium -term, and long-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 en .. . activity that lowers the number of homeless persons. As noted in the above discussion of rental housing available for funning 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 nnit. The interim rule limits thisretention to within the Continuum of Care boundaries. HUD has . • determined that Continuum of Care program funds must be used within the Continuum's gebgraphicboundaries. If program participants move outside of the Continuum; the Continuum may pay moving costs, security deposits, and the first mont3a of rent for another unit however, the Continuum would have to organize 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 to a smaller area if this is necessary to coorriin ate 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 stalling. 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 rameins 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 stalldng, 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 of the original incident of domestic violence, dating violence, sexual assault, or stalkng 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, sexual assault, or stalldng 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 h a q requested assistance; a current restraining order, recent court order, or other court records; or law enforcement reports or records. The housing 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 surrounding victims of domestic violence, the interim rule provides that acceptahle evidence for both the original violence and the reasonable belief include an oral statement. This oral statement does not need to be verified, but it must be documented by a written certification by the individual or head of household. This provision is specific to victims of domestic violence, dating violence, sexual assault, and stalking 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, jury 31, 2012 /Rules and Regulations 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 }IUD. effectively deliver and monitor service sexual assault, and stalldng. The eligible Continuums must use the HMIS 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 established 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 Continuum's geographic area, or the challenges that are associated with such project budget, HUD has determined Continuum's mean length of episodes 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 allowed 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 providesthat assistance may continue regulations at 2 CFR part 225 pertain to again within 2 years after leaving for a maximum of 30 days from the end "Cost Principles for State, Local, and homelessness was decreased by at least of the month in which the unit was Indian Tribal Governments." OMB 20 percent from the preceding year; and vacated, unless the nrnit is occupied by Circular A-122 and the 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 under other federal statutes, clays is not considered as having vacated Organizations." that 95 percent of those families did not the unit. Finally, 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 month'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 independent living 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. assistance can be provided only at the relocation costs. The McKinney-Vento Act requires time the participant exits the that HUD set forth standards for program p P Filth -Performing Communities (Subpart preventing homelessness among the ing Supportive services. Giant funds may housing unit. E) •subset of those at the highest risk of Section 424 of the McKinney Vento becoming homeless among those be used to pay eligible costs of supportive services for the special. needs Act establishes the authority for the homeless families and youth defined as of program participants. All eligible establishment of and requirements for homeless: under. other federal statutes, costs are eligible to the same extent for HPCs. Applications must be submitted the third measure above, one of which program participants who are by the collaborative applicant at such includes achieving independent living. unaccompanied homeless youth; persons living with Human Immunodeficiency Virus (HIV)/ Acquired Immune Deficiency Syndrome § 578,17(b). Applications will be posted HUD recognizes that these standards are (.AIDS) (HIV/AIDS); and victims of on the HUD Web site (wcarw_hud.gov) for high, but standards are comparable to domestic violence, dating.violence, public comments, In addition to HUD's the other standards in the Act, which sexual assault, or stalking. Any cost that 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 . of providing supportive services, applications. communities prior to receiving Eligible costs consist of assistance with .Requirements. The Continuum. of Care designation of a HPC.and. being allowed must use HMIS data (HUD will publish to spend funds in accordance with . data standards and measurement . § 578,71. protocols) to determine that the The final standard that the standards for qualifying as a HPC are Continuum must use its HMIS data to met. An applicant must submit a report demonstrate is provided under section showing how the Continuum of Care 424(d)(4) of the Act. The statute requires ro am funds were expended in the each homeless individual or family vrho moving costs, case management, child care, education services, employment assistance and job training, housing search and counseling services, legal services, life stalls training, mental health services, outpatient health ch. substance time and in such manner as HUD may in permanent housing among this require and contain such information as population. HUD has set forth the HUD determines necessary under standards of 95 percent and 85 percent. services, oubna services, sus k abuse treatment services, transportation, prior year, and provide information that sought homeless assistance to be and utility de osits, the Continuum meets the standards for included in..the data system used by that The de n'non of "supportive HPCs. 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 t0 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 or 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 HMIS is not measurable by HUD. This services, and are included as eligible a Con±iuum's HMIS and which type of standard would be entirely program costs in this interim rule. standards will be measured through rel.ient.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 HMIS. HUD uses bed -coverage rates and service -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 between 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 HPCs, which is . . "community 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 Continurrn. This definition will also provide consistency of measurement since most of HUD's measurements are across the entire Continuum of Case geographic area. HUE] 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 services in that geographic area, The measurement of the last past 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 Continwims. The interim rule provides that a Continuum of Care that was an HPC 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 Continuums of Care each. year that best meet the application requirements and the standards set forth in § 578.65. Consistent with section 424 of the McKinney-Vento Act, the interim rule provides a HPC 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 anal -families at risk of homelessness as set for in the Emergency Solutions Grants program, • All eligible -activities discussed in this section must be effective at stabilizing individuals and families in their current housing, or 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 nonhomeless individuals and families. Recipients and subrecipients using grant funds on these eligible activities must follow 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 (SubpartF.) All recipients of Continuum of Care funding must comply with the program regulations and the requirementsof the NOFA issued annually by HUB. Matching. The HEARTH Act allows for a new, simplified match requirement, All eligible funning costs except leasing must be matched with no less than a 25 percent cash or in -kind match. The interim rule clarifies that the match must be provided for the entire grant, except that recipients that are UFAs or are the sole recipient for the Continuum may provide the match an a Continuum -wide basis. • For in -kind 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 units of general purpose local government. The match requirement in 24 CFR 84.23 and in 24 CFR 85.2.4 applies to .administration funds, es well as Continuum of Care planning costs and UFA's financial management costs. All match must be spent on eligible activities as required under subpart D of this interim rule, except that recipients and subrecipients in HPCs may use match on 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 hQus?lg quality. suitable dwelling size. Recipients must also assess supportive services on an ongoing.basis, have residential supervision, and provide for participation of homeless individuals as required. under section 425(g) of the McKinney-Vento Act. Specific•request for comment. With respect to housing quality standards, HUD includes in this rule the longstanding requirement from the Shelter Plus Careprogram, 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 that is suitable for living. Additionally, these requirements are consistent with HUD's physical inspection requirements in its other main stream 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 health 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 45436 Federal Register / Vo1. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations services, the recipient may require HUD funds and participate in HUD services, should not be allowed to program participants to participate in programs on an equal footing with other discrimiriate against current or those services. By contrast, in a program organizations; that no group of prospective program beneficiaries on that offers services but whose purpose is applicants competing. for HUD funds the basis of religion, a religious belief, not substance abuse treatment, a • should be subject, as a matter of a refusal to hold a religious belief, or a recipient may not require a person who discretion, to greater or fewer refusal to attend or participate in a is an alcoholic, for example, to sign a requirements than other organizations religious practice. The Executive Order supportive service agreement at initial solely because of their religious directs that organizations that engage in occupancy stating that he or she will character or affiliation, or, alternatively, explicitly religious activities (including participate in substance abuse treatment the absence of religious character or activities that involve overt religious servir.Ps es a poladitaon of occupancy, affiliation, HtJD's general principles . content such as worship, religious All program participants must, however, regarding the equal participation of such instruction, or proselytization) must meet all terms and conditions of organizations in its programs are perform such activities and offer such • tenancy, including lease requirements. codified at 24 CFR 5.109. Program- services outside of programs that are If, as a result of a person's behavior specific requirements governing faith- supported with direct federal financial stemming from substance use, a person based activities are codified in the ' assistance (including through prime violates the terms of the lease, a .regulations for the individual HUD awards or subawards), separately in. recipient may consider requiring • programs. (See, for example, 24 CFR time or location from any such programs 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 13279, Equal Protection of the Laws for of the social service program supported in units where the qualifying member of Faith -Eased and Community with such federal financial assistance. the household has died, or has been Organizations, issued by President Bush For purposes of greater clarity and 'incarcerated or institutionalized for on December 12, 2002, and published in comprehensibility, the Executive Order more than 90 days, assistance may the Federal Register on December 16, uses the term "explicitly religious" in continue until the expiration of the 2002 (67 FR 77141). Executive Order lieu of "inherently religious," The lease in effect at the time of the 13 279 set forth principles and Executive Order further directs that if a qualifying mernber's death, policymalang criteria to guide federal beneficiary or prospective beneficiary of incarceration, or institutionalization. agencies in ensuring the equal a social service program supported by Displacement, relocation, and protection of the laws for faith -based federal financial assistance objects to acquisition. All recipients must ensure and community organizations. the religious character of an that they have taken all reasonable steps Executive Order 13279 was amended by organ; ration that provides services to minimize the displacement of Executive Order 13559 (Fundamental under the program, that organization persons as a result of projects assisted .Principles andPolicyi,ialdng Criteria for shall, within a reasonable time after the under this part. This section of the Partnerships With Faith -Based and date of the objection, refer the 574.300(c), 24 CFR 582.115(c), and 24 or senuces 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 interim rule is substantially revised Other Neighborhood Organizations), from the previous programs to increase issued by President Obama on clarity and comprehension of the November 17, 2010, and published in directions to recipients and the Federal Register on November 22, subrecipients in the use of grant funds. 2010. (75 FR 71319). Timeliness standards. Recipients Executive Order 13559 expands on beneficiary to an alternative provider. Executive Order 13559 provides for the establishment of an Interagency Working Group on Faith -Based and Other Neighborhood Partnersbips (Worlang Group) to review and evaluate must initiate approved activities and the equal participation principles existing regulations, guidance projects promptly, Recipients of funds provided in Executive Order 13279 to documents, and policies, and directs the for rehabilitation and new construction strengthen the capacity of faith -based OMB to issue guidance to agencies on mustbeginconstruction activities and other neighborhood organizations to uniform implementation following . within 9 months of the signing of the . deliver services effectively and ensure receipt of the Working Group's report. grant, and such activities must be the equal treatment of program On. April 27, 2012, the Working Group completed within 24 months. HUD is beneficiaries. Executive Order 13559 issued its report, recommending a providing these requirements to assist reiterates a key principle underlying model set of regulations and guidance comm,in.ities in meeting the obligation participation of faith -based for agencies to adopt1 and expenditure deadline historically organivations in federally funded HUD intends to wait for OMB imposed by the annual HUD activities and that is that faith based guidance before initiating any appropriations act. HUD may reduce a organizations be eligible to compete for ruleraaking directed to broader changes grant term to a term of one year if federal financial assistance used to to HUD's existing faith -based implementation delays reduce the support social service programs and to regulations, to ensure consistency with • amount of funds that can be used during participate fully in social service faith -based regulations of other federal the original grant term. programs supported with federal agencies. However, HUD has revised it 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 adopt terminology, 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 is HUD's position that faith -based federal financial assistance, and in their organizations are able to compete for outreach activities related to such ' The report is available at hftp:// www.whitahouse.gov/sitss/defoultIffies/uploadr/ finolfai thbasedwarldnggrouprepart,pdf. 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 rulemalang the provision of Executive Order 13559 that cirects the referral to alternative providers. • Executive Order 13559 provides that if a beneficiary or prospective beneficiary of spoil -service 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 on 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 tbis 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 docirmented in accordance with the recordl:eeping 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 emit. As the Continuum of Clare substantially increases the types of assistance that may be 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 res rim e assistance to a participant whose assistance has been terminated. Recipients that are providing permanent supportive housing for hard - to -house populations of homeless persons must exercise judgment and examine ell 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 direction•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 CFR 5,105(a) apply. This includes, but is not limited to, the Fair Housing.Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973 (Section 504), and title II of the Americans with Disabilities Act. Section 578.93(b) explains when recipients and subrecipients may exclusively serve a particular subpopulation in transitional or permanent housing. 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 passible. In. reviewing requests for funding through the Continuum of Care NOFA, IIUD will he considering each recipient's proposals to provide integrated housing to individuals with disabilities. There are certain situations in which a recipient oe 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 specialized services provided in the housing. For example, § 578.93(b)(2) states that the housing may be 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 maybe 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 maybe limited to families with children. • Section.578.93(b)(1) states that, in consideration of personal privacy, housing 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(h)(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 may be limited to that subpopulation. • 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 families based on the service package offered in the project. To help recipients better 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 may limit admission to or provide a preference for the housing to subpopulations of homeless persons and families who need the specialized 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 hard -to - reach homeless persons, However, § 578.93(b)(7) further states that while 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 e 45438 Federal Register/Vol. 77, No, 147/Tuesday, July 31, 2012/Rules and Regulations section, a change in the factual scenario into this interim rule. This provision may change the analysis, clarifies, especially for projects where One clarifying example is as follows. the current policy is to deny the A private, nonprofit organization or a admittance of•a boy under the age of 18, local government applies for and that denying admittance to a project receives a new grant under this part to based on age and gender is no longer provide project -based rental assistance permissible. HUD encourages and services, including case Continuums of Care to use their management, intensive therapy centralized or coordinated assessment provided by a psychiatrist, and systems to find appropriate shelter or rnedicet ten management. The recipient housing for families with male rhildren or subrecipient may establish a under the age of 18. preference for individuals who are Specific request for comment. HUD chronically homeless,' When filling an specifically seeks comments from opening in the housing, the recipient or Continuum of Care -funded recipients on subrecipient may target chronically this requirement HUD invites homeless individuals or families, but if comments about the difficulty that there are no such individuals or families recipients are going to experience, if either on a waiting list or applying for any, in implementing this requirement. entrance to the program, the recipient or In addition to comments about the subrecipient cannot deny occupancy to difficulties, HUD invites communities individuals or families who apply for that have already implemented this entrance into the program and who may requirement locally to describe their benefit from the services provided. methods for use in HUD's technical When filling a vacancy in the housing, assistance materials and for posting on the recipient or subrecipient, if the HUD Homeless Resource Exchange. presented with two otherwise eligible Other standards. In addition to the persons, one who is chronically program requirements described in this homeless and one who is not, may give preamble, the interim rule sets forth a preference to the chronically homeless other program requirements by which individual. all recipients of grant funds must abide. By comparison, § 578.93(b)(6) These include a limitation on the use of addresses situations where Continuum grant funds to serve persons defined as • of Care funds are combined with HUD homeless under other federal laws, funding for housing that may be conflicts of interest standards, and restricted to a specific disability. For standards for identifying uses of example, if Continuum of Care fonds for program income. a specific project are combined with Additionally, recipients are required construction or rehabilitation funding to follow other federal requirements for housing from the Housing contained in this interim rule under Opportunities for People With AIDS § 578.99. These include compliance program, the program may limit - ' . with such federal requirements as the eligibility for the project to persons. with Coastal Barriers Resources Act, OMB HIV/AIDS and their families. An • Circulars, HUD's Lead -Based Paint individual or a family that includes an regulations, and audit requirements. individual with a disability may be The wording of these requirements has denied occupancy if the individual or at been substantially revised from previous interim rule published on December 5, ' least one member of the family does not programs, with the objective being to 2011. Because the documentation have HIV/AIDS. increase clarity and comprehension of requirements pertaining to "at risk of In another example, a private, the directions to recipients and homelessness" were already subject to a nonprofit organization applies for and subrecipients in the use of grant funds. 60-day public comment period, HUD is receives Continuum of Care funds from rehabilitate a five -unit building, and Techluuui assistance. The purpose of requirements are modeled asses the provides' services including assistance technical assistance under the recordkeeping requirements for the with daily living and mental health. Continuum of Care program is to HOME Investment Partnerships Program services. While the nonprofit increase the effectiveness with which (24 CFR 92.508) and other HUD organization intends to target and Continuums of Care, eligible applicants, regulations. advertise the project as offering services recipients, subrecipients, and UFAs 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 578.03(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 of skills and knowledge to entities that may need, but do not possess, such skills and knowledge. The assistance may include written information, such as papers, manuals, guides, and brochures; person -to -person exchanges; and training and related costs. Therefore, as needed, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, oi` coop4ts.tive agreements to implement the technical assistance. HUD may also enter into agreements with other federal agencies when awarding technical assistance . funds. Recordkeepingrequirements. Grant. recipients under the Supportive Housing Program and the Shelter Plus Care program have always been required to show compliance with regulations through appropriate records. However, the existing regulations are not specific about the records to be maintained. The interim rule for the Continuum of Care program elaborates upon the recordkeeping requirements to provide sn ffi cient notice and clarify the docuumentation that HUD requires for assessing compliance with the program requirements. The recordkeeping requirements for documenting homeless status were published in the December' 5, 2011, Defining Homeless final rule. Because these recordkeeping requirements already went through a be - clay comment period, HUD is not seeking further comment on these requirements. Additionally, recordkeeping requirements with similar levels of spare -Reny apply to documentation of "at risk of homelessness" and these requirements can be found in § 576.500(c) of the . Emergency Solutions Grants program A dminisfration (Sub art G) not seeldng additional comment on a local governmental entity to p these requirements. Further Federal Register /Vol, 77, No. 147 / Tuesday, July 31, 2(31 Z /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 as_ sistanc_ e.__ ...._._ . Grant and project changes. The interim rule provides that recipients of grants may not make any 'significant changes to use of grant funds without prior HUD approval, 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 Continue m s having only one recipient, including UFAs, and Continuums having more than one recipient. Additionally, 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 eligible • 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 section, must be fully documented in the recipient's or subrecipient'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 85.43 and other HUD program regulations. CIose-out. The interim rule provides that grants must be closed out at the end of their grant term if recipients are not seeldng 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 funds 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 re quired by HUD within go days, may cause renewal funds to be withdraw -a and grant funds expended on the renewal grant to be repaid. III. Regulations for HIJD 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 beiug. When nu -incite; br'Vely'.Few; grants remain under these programs, HUD will remove the regulations in these parts by a separate rule (if no . grants exist) or will replace them with, a savings clause, which will continue to govern grant agreements ei ecuted prior to the effective date of the HEARTH Act regulations. N. Conforming Regulations In addition to establishing the new regulations for the Continuum of are program, HUD is amending the following regulations, which reference the Shelter Plus Care Program and the Supportive Housing Program, to include reference to the Continuum of Care program. These regulations axe the regulations pertaining to. (1) Family Income and Family Payment; Occupancy Reciuirelnents for Section 8 and Public Housing, Other HUD- Assisted Housing Serving Persons with Disabilities, and Section 8 Project -Based Assistance, the regulations for which are in 24 CFR part 5, subpart F, specifically, § 5.601 (Purpose and Applicability), paragraphs (d) and (e) of this section; 5 5.603 (Definitions), specifically the definition of "Responsible Entity;" § 5.617 (Self -Sufficiency Incentives for Persons with Disabilities —Disallowance of Increase in Annual Income), • paragraph (a) of this section (2) Environmental Review Responsibilities for Entities Assuming HUD Environmental Responsibilities, the regulations for which are in 24 CFR part 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, § 91.2 (Applicability), paragraph (b) of this section. V. Tustification for Interim Rulemaking In accordance with its regulations on rulemaking at 24 CFR part 10, HUD generally publishes its rules for advance public comment.2 Notice and public procedures may be omitted, however, if HUD determines that, in a particular case or class of 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 Carigless hss pzavided funding for this new program in the Consolidated and Further Continuing Appropriations Act, 2012 (Pub. L.112- 55, approved November 18, 2011} (FX 2012 Appropriations Act). The FY 2012 Appropriations Act, under the account for Homeless Assistance Grants, appropriates not less than $1.593 billion for the Continuum of Care and Rural Housing Stability programs. While many federal programs, including HUD programs, received a reduction in funding in the FY 2012 Appropriations Act, Congress increased funding for HUD's homeless assistance grants, including the Continuum of Care program. Additionally, the Conference Report accompanying the FY 2012 Appropriations Act (House Report 112- 284) states in relevant part, as follows: "The conferees express concern that HUD continued to implement pre - HEARTH grant programs in FY 2011, due to a lack of regulations. The .conferees direct HUD to publish at least interim guidelines for the Emergency Solutions Grants and Continuum of Care programs this fiscal year and to implement the new grant programs as soon as possible so that the updated policies and practices in HEARTH can begin to govern the delivery of homeless assistance funding." (See Conf. Rpt. at page 319, Emphasis added.) Given this congressional direction, HUD is issuing this role providing for regulations for . the Continuum of Care program as an interim rule. Having interim regulations 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 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 10.1, HUD has waived the exemption for advance notice and public ' comment for matters that relat4to public property, loans, grants, benefits, or contracts, and has committed to undertake notice and comment rulemaldng for these matters. 3 Although HUD's regulation in 24 CFR 10.1 zThe Administrative Procedure Act (5 U.S.C. Subchapter II) (APA), which governs federal rulematdng, provides in section 553(a) that matters Involving a military or foreign affairs function of the United States or a matter relating to federal agency provide tbatHUD will involve public participation in its rolemal-ing, this regulation also provides that notice and public procedure will be omitted if HUD 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 /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. program, 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 Wile that will follow this interim rule and govern the funding years following FY 2012. For the reasons stated above, HUD is iss17ing 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 Findings and Certifications Regulatory Review —Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a from administrative operation of the umber of small entities. This rule regulatory action is significant and, Continuum of Care program to statutory nll addresses eke ties, Thisn and use therefore, subject to review by the Office operation of the Continuum of Care solely of Management and Budget (OMB) in program, this interim rule would also of grant funds under the new accordance with the requirements of the have no discernible impact upon the McKinney-Vento Act homeless order. Executive Order 13563 economy. assistance programs, as consolidated (Improving Regulations and Regulatory The docket file is available for public and amended by the HEARTH Act. As Review) directs executive agencies to inspection in the Regulations Division, discussed in the preamble, the majority analyze regulations that are "outmoded, Office of the General Counsel, Room of the regulatory provisions proposed by ineffective, insufficient, or excessively 10276, 451 7th Street SW., Washington, this rule track the regulatory provisions burdensome, and to modify, streamline, DC 20410-0500. Due to security of the Continuum of Care program, with expand, or repeal them in accordance measures at the HUD Headquarters which prospective recipients of the with what has been learned.” Executive building, please schedule an Supportive Housing program and the Order 13563 also directs that, where appointment to review the docket file by Shelter Plus Care program are familiar. relevant, feasible, and consistent with calling the Regulations Division at 202— Accordingly, the program requirements regulatory objectives, and to the extent 708-3055 (this is not a toll -free should raise minimal issues because permitted by law, agencies are to number). Individuals with speech or applicants and grantees are familiar identify and consider regulatory hearing impairments may access this with these requirements, and in approaches that reduce burdens•and number via TTY by calling the Federal response to HUD's solicitations to them maintain flexibility and freedom of Relay Service at 800-877-8339. on the burden of the requirements for the Supportive Housing program and choice for the public. This rule was determined to be a "significant Environmental Impact the Shelter Plus Care program, grantees regulatory action,"as defined in section A Finding of No Significant Impact have not advised that such requirements 3(f) of Executive Order 12866 (although (FONSI) with respect to the are burdensome. Therefore, HUD has not an economically significant environment has been made in determined that this rule would not regulatory action, as provided under accordance with HUD regulations at 24 section 3(f)(1) of the Executive Order). CFR part 50, which implement section As has been discussed in this 102(2)(C) of the National Environmental preamble, this interim rule establishes Policy Act of 1969 (42 U.S.C. the regulations for the Continuum of 4332(2)(C)). The Finding of No Care program, which is the HEARTH Significant Impact is available for public Act's codification of HUD's long- inspection between the hours of 8 am, standing Continuum of Care planning and 5 p.m. weekdays in the Regulations process. The HEARTH Act not only Division, Office of General Counsel, codified in law the planning system Department of Housing and Urban known as Continuum of Care, but Development, 451 7th Street SW., Room consolidated'the three existing 10276,'Washington, DC 20410-0500. competitive homeless assistance grant Due to security measures at the HUD programs (Supportive Housing, Shelter Headquarters building, please schedule Plus Care, and Single Room Occupancy) an appointment to review the FONSI by into the single grant program known as calling the Regulations Division at 202— the Continuum of Care program. As 708-3055 (this is not a toll -free discussed in the preceding section of number). Individuals with speech or the preamble, HUD funded these three hearing impairments may access this programs for more than 10 years • number via TTY by calling the Federal through a NOFA, which was titled the Relay Service at 80D-877-8339. Continuum of Care Homeless Assistance Grants Competition Program. However, Unfunded Mandates Reform Act the funding of the three competitive The Unfunded Mandates Reform Act grant programs, although done through of 1995 (2 U.S,C. 1531-1538) (L'MRA) a single NOFA, delineated the different establishes requirements for federal statutes and regulations that governed agencies to assess the effects of their each of the three programs (see, for regulatory actions on State, local, and example, HUD's 2008 Continuum of •tribal governments and on the private Care NOFA at 73 FR 398450, sector. This interim rule does not specifically page 39845). In impose a federal mandate on any State, consolidating these three competitive local, or tribal government, or on the programs into a single grant program, private sector, within the meaning of the HEARTH Act achieves the UMR A 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 ' I-C.ARTH Act and where feasible, the regulations build -in flexibility for grantees, based on experience in administering the Continuum of Care program to date. Given the transition U.S.C. 601 et seq.) generally requires an agency to Conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaldng requirements, unless the agency certifies that the rule will not have a signi fi cant economic impact on a substantial Federal Register /Vol. 77, No. 147 / Tuesday, July 31, 2012 /Rules and Regulations ' 45441 have a significant economic impact on a substantial number of small entities, Notwithstanding Ht7D'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 this rule that will meet HUD's objectives as described in this preamble. Exocutxve 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 RECORDKEEPING 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: Mat Information collection Number of respondents Response frequency (average) Total annual responses Burden hours per response Total annual hours §578.5(a) Establishing the CoC 450 1 450 8.0 3,600 §578.5(b) Establishing the Board 450 1 450 5.0 2,250 § 578.7(a) (1) Hold CoC Meetings ................ ......... ....._, 450 2 900 4.0 3,600 § 578.7(a)(2) invitation for New Members 450 1 450 1.0 450 § 578.7(a)(4) Appoint committees .- 450 2 900 . 0.5 450 § 578.7(a)(5) Governance charter 450 • 1 450 • 7.0 3,150 §578.7(a)(6) and (7) Monitor performance and evaluation §578.7(a)(8) Centralized or coordinated assessment sys- 450 4 - 450 9.0 4,050 tem 450 1 450 B.0 3,600 § 578.7.(a)(9) Written standards 450 1 450 5.0 2,250 §578,7(b) Designate HMIS • 450 • 1 450. 10.0 4,500 § 578.9 Application .for funds 450 1 450 180.0 81,000 §578.1'1(c) Develop CoC plan - 450 1 450 9.0 4,050 § 578.21(c) Satisfying conditions 6,000 1 8,000 • 4.0 32,000 § 578.23 Executing grant agreements 8,000 1 8,000 1.0 8,000 § 578.35(b) Appeal -solo 10 1 10 4.0 4D § 578.35(c) Appeal --denied or decreased funding 15 1 15 1.0 15 § 578.35(d) Appeal -competing CoC 10 1 10 5.0 50 § 576.35(e) Appeal --Consolidated Plan certification 5 1 5 2.0 10 § 578.49(a)-Leasing exceptions 5 1 5 1.5 7.5 §578.65 HPC Standards §578,75(a)(1) State and local requirements -appropriate . 20 1 20 10.0 2D0 Service provision §578.75(a)(1) State and local requirements -housing 7,000 1 7,000 0.5 3,50D codes 20 1 20 3.0 60 §578.75(b) Housing quality standards 72,800 2 145,600 1.0 145,600 § 578.75(b) Suitable dwelling size 72,800 2 145,600 0.08 11,648 § 578,75(c) Meals 70,720 1 70,720 0.5 35,360 § 578.75(e) Ongoing assessment of supportive services ' 8,000 1 8,000 1.5 12,000 §57B,75(f) Residential supervision 6,600 3 19,600 0.75 14,850 § 578.75(g) Participation of homeless individuals ' . 11,500 1 11,500 1.0 11,500 § 578.75(h) Supportive service agreements 3,000 100 30,000 0,5 15,000 §578.77(a) Signed leases/occupancy agreements 104,000 2 208,000 1.0 208,000 § 578,77(b) Calculating occupancy charges 1,840 200 368,000 0.75 276,000 § 578.77(c) Calculating rent . • 2,000 200 400,000 0.75 300,000 § 578,81(a) Use restriction 20 i 20 . 0,5 10 §578.91(a) Termination of assistance 400 1 400 4.00 1,600 § 578:91(b) Due process for termination of assistance 4,500 1 4,500 3,0 13,500 § 578;95(d)--Conflict-af-interest exceptions 10 1 10 3.0 30 § 578.103(aX3) Documenting homelessness , 300,000 1 300,000 0.25 75,000 § 578,103(aX4) Documenting at risk of homelessness 10,000 1 - 10,000 0.25 2,500 §57B.103(a)(5) Documenting imminent threat of harm . . 200 1 200 4.5 100 §578.103(a)(7) Documenting program participant records 350,000 6 2,100,000 0.25 525,000 §578.103(a)(7) Documenting case management 8,000 12 96,000 1.0 96,000 § 578.103(a)(13) Documenting faith -based activities ..., 8,000 1 8,000 1.0 8,000 §57B.103(b) Confidentiality procedures 11,500 . 1 11,500 1.0 11,500 §578.105(a) Grant/project changes-UFAs §578.105(b) Grant/project changes -multiple project appli- 20 2 40 2,0 80 cants ....-, 800 1 B00 2.0 1,600 Total .. 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: (1) 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 accuracy 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 techniques 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 number (FR-5476-I-01) and 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, Depai lment 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 eRuleneal ing Portal at htip://www.rgulations,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 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. programs- housing and community development, Supportive services. Accordingly, for the reasons described in the preamble, HUD adds part 578 to 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 S ec, 578.1 Purpose and scope. 578,3 Definitions. Subpart B-Establishing and Operating a Continuum of Care • 578.5 Establishing the Continuum of Care. 578.7 Responsibilities of the Continuum of Care. 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 FYPcuting grant agreements. 578.25 Site controL 578.27 Consolidated plan. 578.29 Subsidy layering 578.31 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 Fim.ding Agency. costs. 578.43 Acquisition. 578.45 Rehabilitation. 578.47 New construction. 578.49 Leasing. 578.51 Rental assistance, 578.53 Supportive services, 578.55 Operating costs. 578.57 Homeless Management Information System. 578.59 Project administrative costs. 578.61 Relocation costs. 578.63 Indirect costs. 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 record) Paping requirements, Supportive housing 578.87 Limitation on use of funds, 578,89 Limitation on use of grant funds to serve persons defined as homeless under other federal laws. 578,91 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. Subpart G-Chart Administration 578.101 578.103 578.105 578,107 578,109 Technical assistance. Recordkeeping requirements. Grant and project changes. Sanctions. 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. 11381-11_389). (b) The program is designed to; (1) Promote cornmunitywide commitment 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 minimizing 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) Optimize self-sufficiency among individuals and families experiencing homelessness. Subpart E-High-Performing Communities 578.65 Standards. 578.67 Publication of application. 578.69 Cooperation among entities. 578.71 HPG-eligible activities, Subpart F--Program Requirements 578.73 Matching requirements. 578.75 General operations, 578.77 Calculating occupancy charges and rent, 578.79 Limitation on transitional housing, 578.81 Term of commitment, repayment of grants, and prevention of undue benefits. 578.83 Displacement, relocation, and acquisition_ 578.85 Timeliness standards. § 578,3 Definitions. As used in this part; Act means the Md}Ctnney-Vento Homeless Assistance Act as amended (42 U,S.C.11371 et seq.). Annual renewal amount means the amount that a grant can be awarded 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 unrenewable activities (acquisition, new construction, rehabilitation, and any administrative costs related to these activities). Applicant means an eligible applicant that has been designatedby the Continuum of Care to apply for assistance under this part on behalf of 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 ii paragraph.(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 asistance; (ID) Lives in a hotel or motel and the cost of the hotel or motel stay is not paid by charitable organirations 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); ar (G) Otherwise lives in housing that has characteristics associated with instability and Ma increased risk of homelessness, as identified in the recipient's a'oproved consolidated plan; (2) A child 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. 5 732a(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. 14043e- 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(m)), or section 17(b)(15) of the ('hill Nutrition Act of 1966 (42 U.S.C. 1786(b)(15)); or (3) A cilia or youth who does not qualify as "homeless" under this section, but qualifies as "homeless" under section 725(2) of the McKinney- VTento 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 ar coordinated assessment system means a centralized or coordinatedprocess designed to coordinate program participant intake assessment and provision of 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 Act of 2000 (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 fibs definition, before entering that facility; or (3) A family with an adult head of household (or if there is no adult ilr the family, a minor head of household) who meets all of the criteria in paragraph (1) of this definition, including a family 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 for a grant for Continuum of Care planning funds tinder this part on behalf of the Continuum. Consolidated plan means the HUD - approved plan developed in accordance with 24 CFR 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 organirations, governments, businesses, advocates, public housing agencies, school districts, social service providers, mental health agencies, hospitals, universities, affordable housing developers, law enforcement, organizations thet serve homeless a.nd. 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. Developmental disabiiifymeans, as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002): (1) A severe, chronic disability of an individual that— (i) Is attributable to a mental or physical impairment or combination of mental and physical impairments; (ii) Is manifestedbefore 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 individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. (2) An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting three or more of the criteria described in paragraphs (1)(i) through (v) of the definition of "developmental disability" in this section if the individual, without services and supports, has a high probability of meeting these criteria later in life; Eligible applicant means a private nonprofit organi ration, 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. 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 community WPC) means a. Continuum of Care that meets the standards in subpart E of this part and has been designated as a high - performing community by HUD. Homeless means: (1) An individual or family who lacks regular,.and;adequate nighttime residence, meaning: (i) An individual or family IA.rith a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accomodation far human beings, including a car, park, abandoned b„ildingm, 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 (m) An individual who is exizng an institution where he or she resided for 90 days or less and who resided in an emergency shelter or•place not meant for human habitation immediately before entering that institution; (2) An individual or family who will imminently lose their primary nighttime residence, provided that: (i) The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance; (ii) No subsequent residence has been • identified; and (iii) The individual or family lacks the - resources or support networks, e.g., family, friends, faith -based or other social networks, needed to obtain other • permanent housing; (3) Unaccompanied youth under 25 years of 'age, or families with children and youth, who do not otherwise qualify as homeless under this definition, but who: (i) Are defined as homeless under section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a), section 637 of the Head. Start Act (42 U.S.C. 9832), section 41403 of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2), section 330(h) of the Public Health Service Act (42 U.S.C. 254b(h)), section 3-of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)), or section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a); (ii) Have not had a lease, ownership Point -in -time count means a count of interest, or occupancy agreement in sheltered and unsheltered homeless permanent housing at 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 more during the 60-day period which inure to the benefit of any immediately preceding the date of member, founder, contributor, or applying for homeless assistance; and individual; ' (iv) Cart be'expected to contintte in (2) Thathas a;voluntary=board;---- such status for an extended period of (3) That has a functioning accounting time 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 high school degree or General in the provision of assistance. Education Development (GED), A private nonprofit organization does not include governmental organirations, eracy, low English proficiency, history of incarceration or detention for criminal activity, and a history of unstable employment; or (4) Any individual or family who: unaccompanied youth) or family who is (i) Is fleeing, or is attempting to flee, assisted with Continuum of Care domestic violence, dating violence, program funds. sexual assault, ste1k-;ng, br 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 fiends and includes including a rhild, that has either taken a•structure (or structures) that is (are) place within the individual's or family's acquired, rehabilitated, constructed, or primary nighttile residence or has leased with assistance provided under made the individual or family afraid to this part or with respect to which HUD return to their primary ni •httime provides rental assistance or annual residence; payments for operating costs, or (ii) Has no other residence; and supportive services under this subtitle. (iii) Lacks the resources or support Recipient means an applicant that networks, e.g., family, friends, and faith- signs a grant agreement with HUD. based or othersocial networks, to obtain Safe haven means, for the purpose of other permanent housing defining chronically homeless, Homeless Management Information supportive housing that meets the System (HMIS) means the information following: • system designated by the Continuum of (1) Serves hard to reach homeless Care to comply with the HMIS persons with severe mental illness who requirements prescribed by HUD, ' came from the streets and have been HWS 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 (()) Provides 24-hour residence for Continuum's I -MIS on its behalf. eligible persons for an unspecified Permanent housing means period; community-basedhousing without a (3) Has an overnight capacity limited designated length of stay, and includes to 25 or fewer persons; and both permanent supportive housing and (4) Provides low -demand services and rapid rehousing. To be permanent referrals for the residents. housing, the program participant must State means each of the 50 States, the be the tenant on. a lease for a term of at District of Columbia, the least one year, which is renewable for Commonwealth of Puerto Rico, terms that are a minimum of one month American Samoa, Guam, the long, and is terminable only for cause. Commonwealth. of the Northern Permanent supportive housing means Marianas, and the Virgin Islands. permanent housing in which supportive. Subrecipient means a private services are provided to assist homeless nonprofit organization, State, local persons with a disability to live government, or instrumentality of State independently. or local government that receives a such as public housing agencies. Program participant means an individual (including an Federal Register / Vol. 77,No. 147 / T'uesday, 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 -• pro gram •par ticipant- must have a lease — or occupancy agreement for a term of at least ane month that ends in 24 months and cannot be extended. Unified Funding Agency (UFA) means an eligible applicant selected by the Continuum of nnre to apply for a grant for 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 organization 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 Continuum of Care for the geographic area to carry out the duties of this part. 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, (b) The board, The Continuum of Care must establish aboard to act on behalf of the Continue rn using the process established as a requirement by § 578.7(a)(3) and must comply with the conf1i ct-of-interest requirements at § 578.95 (b), The boars 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 memheis to' join p ibl. c1p'iiTailable' within the geographic at least annually; (3) Adopt and follow awritten process to select a board to act on behalf of the Continuum of Care. The process must be reviewed, updated, and approved .bythe Continuum at least . once every 5 years; (4) Appoint additional committees, subcommittees, or workgroups; (5) In consultation with the collaborative applicant and the HMIS Lead, develop, follow, and update annually 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 population and program type, monitor recipient and subrecipient performance, evaluate outcomes, and take action against poor performers; (7) Evaluate outcomes of projects funded under the Pm ergency 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 ofthe 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 must' 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 follow written standards for providing Continuum of Care assistance, At a minimum, these written standards must include: (i) Policies and procedures for evaltiating 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; (iai.) Policies aid procedures ..for determining and prioritizing which eligible individuals and families will receive rapid rehousing assistance; (iv) Standards for determining what percentage or amount of rent each program participant must.pay while receiving rapid rehousing assistance; (v) Policies and procedures for determining and prioritizing which eligible individuals and families will receive permanent supportive housing assistance; and (vi) Where the Continuum is designated a high -performing community, 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 HMIS. The CoutinulTm 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, which will be }mown as the HIVES 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 subrecipients in the HMIand (5)S; Ensure the HMIS is administered in compliance with requirements prescribed by HUD. (c) Continuum of Care planning, The Continuum 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 families. At a rnifimum, such system encompasses the following: (i) Outreach, engagement, and assessment; (ii) Shelter, housing, and supportive services; (iii) Prevention strategies. (2) Planning 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 4544a 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 aid 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 the homeless needs and sazvrjras antlabie ta'iitlein the geographic _ area; (4) Provirling information required to complete the Consolidated Plan(s) within the Continuum's geographic area; (5) Consulting with State and local government Emergency Solutions Grants program recipients within the Continuum'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. • § 57B.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) Determineif 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 information 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 planning activities. If the Continuum 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 Continuum has selected for funding and apply for Continue im of Care planning activities; (b) The Continuum retains all of its responsibilities, even if it designates one or more eligible applicants other than itself to apply for funds on behalf of the Continurrn. This includes approving the Continuum of Care application.. §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 decidingeehet e-to.designate 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 84.21 (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) Requirements. 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 with the requirements of 24 CFR parts 84 and 85 and corresponding OMB circulars. (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 of Care for a geographic area does not meet the requirements of the Act or its implementing regulations, or that there is no Continuum for a geographic area, HUD may take remedial action to ensure fair distribution of grant funds within the geographic area. Such measures may include: • (1) Designating a replacement Continuum of Care for the geographic • area; (2) Designating a replacement collaborative applicant for the Continuum's geographic area; and (3) Accepting applications from other eligible applicants within the Continuum's geographic area. (b.) HUD must provide a 30-clay prior written notice to the Continuum and its collaborative applicant and give them an 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 grants., ........—--.,..........,....., ._. (b) Designation by the Continuum of , Care. Eligible applicant(s) must have been designated by the Continuum of. Care to submit an application far 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 for 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 Cara competition in accordance with section 413 of the Act or as otherwise directed by the annual appropriations act; (ii) From the amount in paragraph (a)(2)(i) of this section, deducting the amount published in the NOFA as being set aside to provide abonus to geographic areas for activities that have proven to be effective in reducing homelessness generally or for specific subpopulations listed in the NOFA or achieving homeless prevention and independent living goals established in the NOFA and to meet policy priorities set in the NOFA; and (iii) Deducting the amount of funding necessary for Continuum of Care planningactivities and UFA costs. (3) 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 alms (i) Two percent will be allocated among the four insular areas (American Samoa, Guam, 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. (iii) 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 metropolitan 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. (4) If the calculation in paragraph (a)(2) of this section results in an amount less than the amount required to renew a.11 projects eligible for renewal in that year for at least one year, after making adjustments proportional -to increases in fair.market 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 Continuum -wide. (b) Calculating a Continuum of Care's maximum award amount, t1) Establish the PPRN amount. First, HUD will total the PPRN amounts for each metropolitan city, urban county, other county, and insular area claimed by the Continuum'a.s part of its geographic area, excluding 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 determine the renewal demand wit},in the Continuum'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 fiscal year's competition, before any adjustments to rental assistance, leasing, and operating line items based on. FMR changes. (3) Establishing FPRN. The higher of FPP.N or renewal demand for the Continuum of Care is the FPRN, which is the base for the maximum 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. "g578;19TApp116atlon procesti. (a) Notice of Fanding Availability. After enactment of the annual appropriations.act 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 and in such manner as HUD may require, and contain such information as HUD determines necessary, At a minimum, an application for grant funds 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 carried out by subrecipients and the names of the subrecipients; a description of the. subpopulati.ons of homeless or at 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 the applicant, 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. §578.21 .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 frame established in the NOFA. Proof of site control, match, environmental review, and the documentation of financial feasibility • must be completed within 12 months of the arnouncennent of the award, or 24 months in the case of funds for acquisition, rehabilitation, or new construction, The 12-month deadline may be extended by HUD for pp to 12 additional months upon a showing of .compelling reasons for delay due to factors beyond the control of the recipient er subrecipient §578.23 Executing grant agreements. (a)_Deadline. Nc 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 more than one applicant for the geographic area, HUD will enter into a grant agreement with each designated applicant for which an award is announced. (2) One applicant for 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 Fundz-,n.g Agencies. If a. Continuum is a UFA that HUD has approved, then HUD will enter into one grant agreement with the UFA 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 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 ensure the operation of the projects) 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 HTJD; (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 all subrecipients that: 45448 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 family 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; _._ .. (in) 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; (iiv) 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 Vll 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 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 subrecipients at least annually; (9) To use the centralized or coordinated assessment system established by the Continuum of Care as set forth in § 578.7(a)(8). A. victim . service provider may choose not to use the Continuum of Care's centralized ox 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); (11) Enter into subrecipient agreements requiring subrecipients to operate the project(s) in accordance with the provisions of this Adt biid all requirements under 24 CFR part 578; and (12) To comply with such other terms and conditions as HUD may establiishby NOFA. § 578.25 Site control. (a) In general. When grant funds w111 be used for acquisition, rehabilitation, new construction, operating costs, or to provide supportive services, the recipient or subrecipient must demonstrate that it b.as site control within the time frame established in section § 578.21 before HUD will execute a grant agreement. This requirement does not apply to funds used for housing that will eventually be owned or controlled by the individuals or families served or for supportive services provided at sites not operated by the recipient or subrecipient. (b) Evidence. Acceptable evidence of site control is a deed or lease. If grant funds will be used for acquisition, acceptable evidence of site control will be a purchase agreement The owner, lessee, and purchasez shown on these documents must be the selected .applicant or intended subrecipient identified in the application for ensure that the project is operated in compliance with law and regulation for 15 years from the date of initial occupancy or initial service provision, The partnership or corporation roust own the project site throughout the 15- year period, If grant funds were not used for acquisition, rehabilitation, or new construction, then the recipient or subrecipient roust maintain control for the term of the grant agreement and any renewals thereof. - § 578.27 Consolidated plan, (a) States or units of general local government. An applicant that is a State or a unit of general local government must have a HUD -approved, complete • • or abbreviated, consolidated plan in accordance with 24 CFR part 91. The applicant must submit a certification that the application for funding is consistent with the HUD -approved consolidated plan(s) for the jurisdiction(s) in which the proposed prcject will be located. Funded applicants must certify in a grant agreement that they are following the HUD -approved consolidated plan. (b) Other applicants. Applicants that are not States or units of general local government must submit a certification by the jurisdictions) in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HLTD- approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions under 24 CFR . part 91, subpart F. If the jurisdiction refuses to provide a certification of 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 to 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 application is in control of the limited partnership or limited liability corporation that has a deed or lease for the project site. ($ To have control of the limited §578.29 Subsidy layering. partnership, the applicant or HUD may provide assistance under 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 percent conirollir g interest in that section 102 of the Housing and Urban 'general partner. Development Reform. Act of 1989 (42 (ii) To have control of the limited U.S.C. 3545) and 24 CFR part 4, subpart liability company, the applicant or A. An applicant must submit subrecipient must be the sole managing information in its application on other member sources of governmental assistance that (2.) If grant funds are to be used for the applicant has received, or acquisition, rehabilitation, or new reasonably expects to receive, for a construction, the recipient or proposed project or activities. HUD's subrecipient must maintain control of review of this information is intended to the partnership or corporation and must prevent excessive public assistance for approved consolidated plan must be submitted by the funding application submission deadline announced in the NOFA. Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations 45449 proposed project orr 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 FIUDunder-2.4-C•.;ER-part-50...The _...__. recipient or subrecipient shall supply all available, relevant inform.ation necessary for HUD to perform, for each prop arty, any environmental review required by 24 CFR part 50. The recipientor 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 for a project under this part, or commit or expend HUD or local funds for such eligible activities under this part, until HUD has performed 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 this part and title IV of the Act, as in effect before August30, 2012 (the Supportive Housing Program and the Shelter Plus Care program), maybe renewed to continue ongoing leasing, operations, supportive services, rental assistance, HMIS, and administration • 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, HMIS, and operating costs. Renewals of tenant - based 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 HIES 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 funding period adjusted in proportion to changes in the FivMR for 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 applicab'ie IIvTlZ— —__._ . (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 anew 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 acdordance with 24 • CFR 582.330, if the project received fun(, ing 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 required by HUD, 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. §578.35 Appeal. (a) Ti 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 Continuum- of.Care-planning-pr-omiss.in 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 deadlineestablished 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 avrards, the.solo applicant shall submit in writing, with a copy to the Continuum., all relevant evidence supporting its claim, in such manner as HUD may require by Notice. (4) Response from the Continuum of Care. The Continuum shall have 30 days from the date of its receipt of the solo applicant's evidence to respond to HUD 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 and the Continuum of its decision within 60 days of receipt of the Continunm's response. (6) Funding. THUD 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 funds by HUD, or that requested more funds'than HUD awarded to them, may appealthe award by filing a written appeal, in such form and manner as HUT) may'require by Notice, within 45 days of the date of HUD's announcement of the award. (2) Decision. HUD will notify the applicant of its decision on the appeal within 60 days of H[JD's receipt 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 Cenfinuum. No---- - projects that are submitted in two or more competing Continuum of Care applications will be 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 60 days of the 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 minimum. (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 certi fi cation 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 certification and a written rebuttal to any claims 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 jurisdiction's response. As part 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.is not.. consistent with the jurisdiction'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; HMIS; 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 designated by the Continuum of Care, only HMIS Leads may use grant funds for an HMIS component. Administrative costs are eligible for all components. All components are subject to the restrictions on combining funds for certain eligible activities in a single project found in § 578.87(c). The eligible program components are: (1) ,Permanent housing (PH). Permanent housing is community -based housing, the purpose of which is to provide housing without a designated length of stay. Grant funds may be used for acquisition, rehabilitation, new construction, leasing, rental assistance, 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 prograno 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) Mustfollow 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. (B) May set a maximum amount or percentage of rental assistance that a program participant may receive, a maximum nrimber of months that a program participant may receive rental assistance, and/or a ma -rem -um 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 rent 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 fox utilities (excluding telephone) established by the public housing authority for the area in which the housing is located. (C) T.imit rental assistance to no more than 24 months to a household. (D) May provide supportive services for no longer than. 6 months after. rental assistance stops. (E) Must re-evaluate, not less than once annually, that the program participant lacks sufficient resources and support networks necessary to retain housing without Continuum of Care assistance and the types and amounts of assistance that the program participant needsto retain housing. The 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 circnrnstances (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 not .fled 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 participant: to 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 e 45451 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 making its housing conditional on the participant's acceptance of services. (21 Transitional Housing (TH). Transitional housing facilitates the movenientof-homeless individuals 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 be used for acquisition, rehabilitation, relocation costs, or leasing of a.facility from which supportive services will 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 provirling housing or housing assistance. SSO includes street outreach. (4) HMIS. Funds may be used by HMIS Leads to lease a structure in which the HMIS is operated or as operating funds to operate a structure in which the HMIS is operated, and for other costs eligible in § 578.57. (5) Homelessness prevention. Funds may be used by recipients in Continuums of Care -designated high - performing communities 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 family from'becoming homeless. (b) Uses of assistance. Funds are available to pay for the eligible costs listed in § 578.39 through § 578.63 when used to: (1) Establish new housing or new facilities to provide supportive services; (2) Expand existing housing and facilities in order to increase the number of homeless persons served; (3) Bring existing housing and facilities into compliance with State and local government health and safety standards, as described in § 578.87; (4) Preserve existing permanent housing and facilities that provide supportive services; (5}Providesupportive 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 HMIS or comparable database; and (8) Establish and carry out a Continuum of Care planning process and operate a Continuum of Care. (c) Multiple 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 to the use of the structure for supportive housing or supportive services. If eligible and ineligible activities are cazxied 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 the amount 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 maximum amount to be established by the NOFA, for costs of: (1) Designing and carrying out a collaborative process for the . development of an application to HOD; (2) Evaluating the outcomes of projects for which funds are awarded in the geographic area under the Continuum of Care and the Emergency Solutions Grants progreres; and (3) Participating in the .consolidated plan(s) for the geographic erea(s). (b) Continuum of Care planning activities. Eligible planning costs include the costs of: • (1) Developing a communitywide 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, orgenivati,onsthat serve veterans, and homeless and formerly homeless individuals; (2) Determining the geographic area that the Continuum of Case will serve; (3) Developing a Continuum of Care system,; • (4) Evaluating the outcomes of projects for which funds ere awarded in the geographic area, including the Emergency Solutions Grants program; (5) Participating in the consolidated plan(s) of the jurisdictions) 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. (e) Mollitoring.coate• 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 maximum 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 ere maintained in accordance with generally accepted accounting principles, including arranging for en 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 costs. § 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. g578,45 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 maybe used to: (1) Pay up to 100 percent of the cost of new construction, including the 4545 Federal Register/ Vol, 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations 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 construction, the applicant must demonstrate that the costs of nee construction are substantially less than type, quality, amenities, facilities, and (i) The rental assistance may be short - management services, In addition, the term, up to 3 months of rent; medium - rents may not exceed rents currently term, for 3 to 24 months of rent; or long - being charged for comparable units, and term, for longer than 24 months of rent the rent paid may not exceed HUD- and rnust be administered in accordance determined fair market rents. with the policies and procedures (3) Utilities. If electricity, gas, and established by the Continuum as set water are included in the rent, these forth in § 578.7(a)(9) and this section. utilities may be paid from leasing funds. (ii) The rental assistance may be If utilities are not provided by the tenant -based, project -based, or sponsor - the costs -of -rehabilitation or that here._ casts ara.aR,._� . ...based,. and may be,for transitional is a lack of available appropriate units operating cost, except for supportive permanent housing. that could be rehabilitated at a cost less than new construction. For purposes of this cost comparison, costs of rehabilitation or new construction may: include the cost of real property accuisition. ('e) Ineligible costs, Grant funds may not be used for new construction on leased property. §578.49 Leasing. (a) Use. (a) Where the recipient or subrecipient is leasing the structure, or portions thereof, grant funds may be used to pay for 100 percent of the costs of leasing a structure or structures, or portions thereof, to provide housing or supportive services to homeless persons for up to 3 years. Leasing funds may not be used to lease units or structures owned by the recipient, subrecipient, their parent organization(s), any other related organi7ation(s), or organizations that are members of a partnership, 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 showing that the leasing charges paid with grant funds are reasonable for the market; and (iii) A copy of the written policy for resolving disputes between the landlord and tenant, including a recusal for officers, agents, and staff who work for both the landlord and tenant. (b) Requirements. (1) Leasing structures. When grants are used to pay rent for all or part of a structure or structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable § 578.51 Rental assistance, space. In addition, the rent paid may not (a) Use. (1) Grant funds may be used exceed rents currently being charged by for rental assistance for homeless the same owner for comparable individuals and families. Rental unassisted space. assistance cannot be provided to a (2) Leasing individual units. When 'program participant who is already grants are used to pay rent for receiving rental assistance, or living in individual housing units, the rent paid a housing unit receiving rental must be reasonable in relation to rents assistance or operating assistance being charged for comparable units, through other federal, State, or local taang into account the location, size, sources. service facilities. If the structure is being used as a supportive service facility, then these utility costs are a supportive service cost. (4) Security deposits and first and Iast month's rent. Recipients and subrecipients may use grant funds to pay security deposits, in an amount not to exceed 2 months of actual 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 the first month's rent. (5) Occupancy agreements and subleases. Occupancy agreements and subleases are required as specified in § 578.77(a). (6) Calculation of occupancy charges and rent. Occupancy charges and rent from program participants must be calculated as provided in § 578.77. (7) Program income. Occupancy charges and rent collected from program participants are program income end may be used as provided under § 578.97. (2) Grant funds may be used for 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 arministered 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 urhi.ch program participants choose housing of an appropriate size in which to reside. When necessary to facilitate the coordination of supportive services, recipients and subrecipients may require program participants to live in a specific area for their entire period of participation, or in a specific structure for the first year and in a specific area for the remainder of their.period of participation, Program participants who are receiving rental assistance in (8) 7ransifion. Beginning in the first transitional housing may be required to year awards are made under the •live in a specific structure for their Continuum of Care program, renewals of entire period of participation in grants for leasing funds entered into sin transitional houung: under the authority of title IV, subtitle (1) Upto 5years worth of rental D of the Act as it existed before May 20, 2009, will be renewed either as grants assistance may be awarded to a project for leasing or as rental assistance, one competition. depending on the characteristics of the (2) Program participants who have project. Leasing funds will be renewed complied with all program requirements as rental assistance if the funds are used during their residence retain the rental to pay rent on emits where the lease is assistance if they move within the between the program participant and Continuum of Care geographic area. the landowner or sublessor, Projects (3) Program participants who have requesting leasing funds willbe complied with all program requirements renewed as leasing if the funds were during their residence and who haye used to lease a unit or structure and the been a victim of domestic violence, lease is between the recipient or dating violence, sexual assault, or subrecipient and the landowner. stalking, and who reasonably believe they are imminently threatened by harm from further domestic violence, dating violence, sexual assault, or stalking (which would include threats from a thitd party, such as a friend or family member of the perpetrator of the violence), if they remainin the assisted unit, and are able to document the violence andbasis for their belief, may retain the rental assistance and move to a different Continuum of Care geographic area if they move out of the 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 hou.sing.� 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 existing 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 b.e awarded in one competition. (f) Grant amount. The amount of rental assistance in each project will be based on the nnTnber and size of units 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 of units proposed by the FMR of each unit an the date the application is submitted to HUD, by the term of the grant. (g) Rent reasonableness. HUD will only provide rental assistance for a unit if the rent is reasonable. The recipient or subrecipient must determine whether the rent charged for the unit receiving rental assistance is reasonable in relation to rents being charged for comparable unassisted units, taldng 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 units. (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 _ ofrentalaesistaxzceadue.to such factors_ as contract rents being lower than FMRs 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 of program participants. (i) Vacancies. If a unit 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 rmit was vacated, unless occupied by another eligible person. No additional assistance will be paid until the unit is occupied by another eligible person. Brief periods of stays in institutions, not to exceed 90 days for each occurrence, are not considered vacancies. • (j) Property damage. Recipients and subrecipients env 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 -tune cost per participant, incurred at the time a participant exits a housing unit, (k) Resident rent. Rent must be calculated as provided in § 578.77. Rents collected from program participants are 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 automaticallyrenewable 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 maximum terra of 24 months. § 578.53 Supportive services, (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-to-day operation of the supportive service facility, including maintenance, repair, building security, furniture, utilities, and equipment are eligible as a supportive service. (1) Supportive services must be mr.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 independently 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-term 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 en eligible cost of providing supportive services using Continuum of Care program funds. Staff training and 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 § 5 7 8.5 3 (a) (2) are eligible costs. (2) Assistance with moving costs. Reasonable one-time moving costs are eligible and include truck rental and hiring a moving company. 45454 Federal Register / Vol, 77, No. 147 / Tuesday, July 31, 2012 / Rules. and Regulations (3) Case management, Thecosts 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).Ueing.the 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 meals and snacks, and comprehensive and coordinated developmental activities, axe eligible. (i) The children must be under the age of 13, unless they are disabled rhildren. (ii) Disabled rhi l dren must be under the aeaf18, (iii) The child-care center must be Licensed by thejurisdiction in which it operates in order for its costs to be eligible. (5) Education services. The costs of improving larowledge and basic educational stalls are eligible. (i) Services include instruction or training in consumer education, health education, substance abuse prevention, literacy, English as a Second Language, and General Educational Development (GED). (ii) Component services or activities are screening, assessment and testing; individual or group instruction; tutoring; provision of books, supplies, and instructional material; counseling; and referral to community resources. (6) EmpIoyment assistance and job training. The costs of establishing and operating employment assistance and job training programs are eligible, including classroom, online and/or computer instruction, on-the-job instruction, services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential. The cost providing reasonable stipends to program participants in employment assistance and job training programs is also an eligible cost. (i) Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates, (ii) Services that assist individuals in securing employment consist of: (A) Employment screening, assessment, or testing; (B) Structured job slalls 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. (i) 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: (A) Mediation with property owners and landlords on behalf of eligible program participants; (B) Credit counseling, accessing a free personal credit report, and resolving personal credit issues; and (C) The payment of rental application fees. (9) Legal services. Eligible costs are the fees charged by licensed attorneys and 'by persons) under the supervision of licensed attorneys, far advice and representation in matters that interfere 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. (in) Life skills training. The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or 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 skills 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 outpatient treatment of mental.health conditions that are provided by licensed professionals. Component services are crisis interventions; counseling; individual, family, or group therapy sessions; the prescription of psychotropic medications or explanations about the use and management of medications; and combinations of therapeutic approaches to address multiple problems. (12) Outpatient health services. Eligible costs are the direct outpatient treatment of medical conditions when provided by licensed medical with the homeless individual or family's professionals including: ability to obtain and retain housing. (i) Providing an analysis or (i) Eligible subject matters are child assessment of an individual's health support; guardianship; paternity; problems and the development of a emancipation; legal separation; orders of treatment plan; protection and other civil remedies for (ii) Assisting individualsto victims of domestic violence, dating . understand their health needs; is violence, sexual assault, and stalloag; individuals too Proviobtain and dirtlyuilir ass egg appeal of veterans andpublic benefit claim denials; landlord tenant disputes; . appropriate medical treatment; and the resolution of outstanding (iv) Preventive medical care and criminal warrants, health maintenance services, including (ii) Component services or activities in -home health services and emergency may include receiving and preparing medical services; cases for trial, provision of legal advice, (v) Provision of appropriate representation at hearings, and medication; counseling.(vi) Providing follow-up services; and (iii) Fees based on the actual service (vi) Preventive and noncosmatic performed (Le., fee for service) are also dental care. eligible, but only if the cost would be (13) Outreach services, The costs of less than the cost of hourly fees. Filing activities to engage persons for the fees and other necessary court costs are purpose of providing immediate support of also eligible. If the subrecipient is a and intervention, as well as identifying Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations • 45455 potential program participants, are eligible. (i) Eligible costs include the outreach worker's transportation costs and a cell phone to be used by the individual performing the outreach. (ii) Component activities and services consist of: initial assessment; crisis counseling; addressing urgent physical needs, such as providing meals, blankets,. clothes, or toiietxeS; aGtiyely connecting and providing people with infornation and referrals to homeless and mainstream 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 and assessment, outpatient treatment, 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, employ,uent, child care, or other services eligible under this 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 staff 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 sufficient within the area, the recipient may make a one-time payment on behalf of a pro grain participant needing car repairs or maintenance 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 Book 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 subrecipients 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 bea one- time fee, paid to utility companies. (17) Direct provision of services. If the service described in paragraphs (e)(1) through (e)(36) 4..this 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 of the day-to-day operation of transitional and permanent housing in a single structure or individual housing units. •(b) Eligible costs. (i) The maintenance an ri, 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; (6) 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 HMIS 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 HIMICS; (vii) Paying salaries for operating HMIS, including: (A) Completing data entry; (B) Monitoring and reviewing data - (C) Completing data analysis; (D) Reporting to the HMIS 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 MclCinney-Vento Homeless Assistance Act; (ix) Paying staff travel costs to conduct intake; and (x) Paying participation fees charged by the HMIS Lead, as authorized by HUD, if the recipient or subrecipient is not the BMIS Lead.. (2) Tithe recipient or subrecipient is the HIvaS Lead, it may also use Continuum of Care funds to pay the costs of: (i) Hosting and maintaining HMIS software or data; (ii) Backing up, recovering, or repairing HMIS software or data; (iii) Upgrading, customising, 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) Ad ministering the system; (vi) Reporting to providers, the Continuum of Care, and HUD; 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 HUD's HMIS requirements. (b) General restrictions, Activities funded under this section must comply with the HMIS 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, for the payment of project administrative costs related to the planning and execution of Continuum 45456 Federal Register/Vol. 77, No. 147/Tuesday, July 31, Z012/Rules and Regulations time and in such manner as HUD may require, must use HMIS data where required to show the standards for qualifying are met, and must contain such information as HUD requires, Of fiscalyeargrant. Program and other assistance to recidivism.alswho �' payments individuals and families leave arministration assignments include the persons displaced by a project assisted homelessness, less than 5 percent following: with grant funds` in accordance with become homeless again at any time (A) Preparing program budgets and § 578.83. within the next 2 years; or the schedules, and amend Ments to those percentage of individuals and families budgets and schedules; § 578.63 Indirect costs. P In eneral. Continuum of Care in similar c aim stances who become (B) Developing systems for assuring (a) g homeless again within 2 ears after compliance with program requirements; funds may be 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 ear. out progrem activities; (b) Allocation. Indirect costs may be (ail FIhIIS coverage, The Conldnuum's (D) Monitoring program activities for allocated to each eligible activity as HMIS must have .a bed coverage rate of progress and compliance with program provided in subpart D, so long as that B0 percent and a service volume requirements; allocation is consistent with an indirect covrage rate of 80 percent as calculated (E) Preparing reports and other cost rate proposal developed in in accordance with HUD's HMIS documents directly related to the accordance with OMB Circulars A-87 or requirements. program for submission to HUD; A-122, as applicable. �iv) Serving families and youth. With '(F) Coordinating the resolution of (c) Expenditure limits. The indirect respect to Continuums that served costs charged to an activity subject to an p audit and monitoring findings; expenditure limit under §§ 578.39, . homeless families and youth defined as . (G) Evaluating program results against 5 8.41, and 578.59 must be added to the homeless under other federal statutes in stated objectives; and paragraphomele(3) of the definition of (I-1) Managing or supervising persons direct costs charged for that activityw-hose primary responsibilities with homeless in § 576,2: When determining the total costs subject (A) 95 percent of those families and to the .expenditure limits. of Care activities. This does not include supplies, and rental and maintenance staff and overhead costs directly related (but not purchase) of officespace; to carrying out activities eligible under {2) Training on Continuum of Care § 578.43 through § 578,57, because those requirements. Costs of providing costs are eligible as part of those training on Continuum of Care activities. Eligible administrative costs requirements and attending HUD -including at a minimum: include: sponsored Continuum of Care trainings. (1) A report showing how the (1) General management, oversight, (3) Environmental review. Costs of Continuum of Care program funds and coordination. Costs of overall carrying out the environmental review received in the preceding year were program management, coordination, responsibilities under § 578.31. expended; monitoring; and -evaluation: - include, costs (5).S�lgri gii.evirement. (1) UFAs. If (2),A,specific plan for how grant __ include, but are not limited to, the recipient is a IA that carries out Hinds will be expended; and • necessary expenditures for the a project, it may use up to 10 percent (3) Information establishing that the following: of the grant amount awarded fox the . Continuum of Care meets the standards (i) Salaries, wages, and related costs of project on project administrative costs, for HPCs. the recipient's staff, the staff of The UFA must share the remaining • (c) Standards for qualifying ing as an subrecipients, or other staff engaged in project administrative funds with its HPC. To qualify as an 11PC, a program administration. In charging subrecipients. Continuum must demonstrate through: costs to this category, the recipient may (2) Recipients that are not UFAs. lithe (1) Reliable data generated by the include the entire salary, wages, and recipient is not a UFA, it must share at Continuum of Cares HMIS that it meets related costs allocable to the program of least 50 percent of project all of the following standards: each person whose primary administrative funds with its (i) Mean length of homelessness. responsibilities with regard to the subrecipients. Either the mean length of episode of program involve program 578.61 Relocation costs. homelessness within the Continuum's P b P § geographic area is fewer than 20 days, administration assignments, or the pro (a) In general. Relocation costs under or the mean length of episodes of rate share of the salary, wages, and the Uniform Relocation Assistance and homelessness for individuals or families related costs of each person whose job Real Property Acquisition Policies Act in similar circumstances was reduced includes any pr, harem administration of 1970 are eligible. by at least 10 percent from the assignments. The recipient may use (b) Eligible relocation costs. Eligible preceding federal fiscal year. only one of these methods for each costs are costs to provide relocation (u) Red uced 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 • §578.65 Standards. monitoring of subrecipients; (a) In general. The collaborative permanent housing for at least 2 years (iii) Administrative services applicant for a Continuum may apply to following termination of assistance. performed under third -party contracts HUD to have the Continuum be (2) Reliable data generated from or agreements, including general legal designated a high -performing sources other than the Continuum's . services, accounting services, and audit community (HPC). The designation HiMMIS 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 costs 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. Al the program, including rental or purchase of (b) Applying for HPC designation. The metropolitan cities and counties within equipment, insurance, utilities, office application must be submitted at such the Continuum's geographic area have a youth did not become homeless again within a 2-year period following termination of assistance; or (le) 85 percent of those families achieved independent living in Federal Register/Vol. 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 RFC status. lithe 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, seeking designation as an HPC meets the standards for being one. § 578.69 Cooperation among entities. An HPC must cooperate with. HUD in distributing information about its successful efforts to reduce homelessness. § 578.71 HPC-eligible activities. In addition to using grant funds for the eligible costs described in subpartD of this part, recipients and subrecipients in Continuums of Care designated as HPCs may also use grantfunds 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 family from becoming homeless. Activities must be 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 §578.73 Hatching requirements. (a) In general. The recipient or subrecipient must match all grant funds, except forleasing funds, with no less than 25 percent of funds or in -kind • 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 UFAs or are the sole recipient for their Continuum, may provide roatch 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 may use such match for the costs of activities that are eligible under § 578.71, (b) Cash sources. A. recipient or subrecipient may use funds from any source, including any other federal sources (excluding Continuum of Care program funds), as well as State, local, and private sources, provided that funds from the source sere not statutorily. . prohibited to be used as a match. The recipient must ensure that any funds used to satisfy the matching requirements of this section are eligible undez the laws governing the funds in order to be used as matching funds for a grant awarded under this program. (c) In -kind contributions. (1) The recipient or subrecipient may use the value of any real property, equipment, goods, or services contributed to the project as match, provided that if the recipient or subrecipient had to pay •for them with grant funds,' the costs would have been eligible under Subpart D, or, in the case of HPCs, eligible under § 578.71. . (2) The requirements of 24 CFR 84.23 and 85.24 apply. (3) Before grant execution, services to be provided by a third party must be documented by a memorandum of understanding (MOU) between the recipient or subrecipient and the third party that will provide the services. Services provided by individualsmust be valued at rates consistent with those ordinarily paid for similar work in the recipient's or su'brecipient's organization. If the recipient or subrecipient does not have employees performing similar work, the rates must be consistent with those ordinarily paid by.other employers for similar work in the same labor market. (i) The MOU must establish the unconditional commitment, except for selection to receive a grant, by the third party to provide the services, the specific service to be provided, the' profession of the persons providing the service, and the hourly cost of the service to be provided. (ii) During the term of the grant, the recipient or subrecipient must keep and make available, for inspection, records documenting the service hours provided. § 578.75 General operations. (a) State and local requirements. (1) Housing and facilities constructed or rehabilitated with assistance under this part must meet State or local building codes, and in the absence of State or localbuilcling codes, the International Residential Code or international • Building Code (as applicable to the type of structure) of the International Code Council. (2) Services provided with assistance under this part must be provided in compliance with all applicable State and local requirements, including licensing requirements. (b) Housing quality standards. Housing leased with Continuum of Care program funds, or for which rental assistance payments are made ,with- Continuum of Cara program fuels, must meet the applicable housing quality standards (HQS) under 24 CFR 982.401 of this title, except that 24 CFR 982.401(j) applies only to housing occupied by program participants receiving tenant -based rental assistance. For housing rehabilitated with funds under this part, the lead -based paint requirements in 24. CFR part 35, subparts A, B, J, and R apply. For housing that receives•project-based or sponsor -based rental assistance, 24 CFR part 35, subparts A, B, H, and R apply. For residential property for which funds under this part are used for acquisition, leasing, services, or operating costs, 24 CFR part 35, subparts A,.B, K, and R apply. (1) Before any assistance will be provided on behalf of a program . participant, the recipient, or subrecipient, must physically inspect each m it to assure that the' mit meets HQS. Assistance will not be provided for units that fail to meet HQS, lmless the owner corrects any deficiencies within 30 days from the date of the initial inspection and the recipient or subrecipient verifies that all deficiencies have been corrected. (2) Recipients or subrecipients must inspect allunits at least annually during the grant period to ensure that the emits continue to meet HQS. (c) Suitable dwelling size. The dwelling emit must have at least one . bedroom or living/sleeping room for each two persons. (i) Children of opposite sex, other than very young children, may not be required to occupy the same bedroom or living/sleeping room. (2) If household composition changes during the term of assistance, recipients and subrecipients may relocate the household to a more appropriately sized unit. The household must still have access to appropriate supportive services, (d) Meals. Each recipient and subrecipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (e) Ongoing assessment of supportive 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 may be 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 Services needed to..,s._ 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 es necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient laaowledge 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 policymaleing entity ofthe 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 fr,milies through employment; volunteer services; or otherwise in constructing, rehabilitating, maintaining, and • operating the project, and in providing su ortive services for the project, O}) Supportive service agreement. Recipients and subrecipients may require the program participants to take part in supportive services that 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 health services, and provision of medication, which are provided to a person with a (i) Each program participant on whose disability to address a condition caused behalf rental'assistance payments are by the disability. Notwithstanding this provision, 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. (i) Retention of assistance after death, incarceration, or institutionalization for more than 90 days of qualif)'zng.. 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' 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 institutionalization. § 57a.77 Calculating occupancy charges 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 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 payments for 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 meetthe family's housing costs, the portion of the payments that is designated for housing costs. (4)IIncome. 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 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 t:he contribution.towaid 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 progrem 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. § 578.79 Limitation on transitional housing. A homeless individual or family map 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 time to prepare for independent living. However, HUD may discontinue assistance for a transitional housing project if mare than half of the homeless individuals or families remain in that project longer than 24 months. § 578.81 Term of commitment, repayment of grants, and prevention of undue benefits. (a) In general. All recipients and subrecipients receiving grant funds.for acquisition, rehabilitation, or new construction must operate the housing or provide supportive services in accordance with this part, for at least 15 years from the date of initial occupancy or date of initial service provision. Recipient and subrecipients must execute and record a HUD -approved Declaration of Restrictive Covenants before receiving payment of grant funds. ('o) Conversion. Recipients and composition (e.g., birth of a child) or a subrecipients carrying out a project that decrease in the resident's income during provides transitional or permanent - the year, the resident may request an housing or supportive services in a interim reexamination, and the structure may submit a request to HUD occupancy charge will be adjusted to convert a project for the direct benefit accordingly. • of very law -income persons. The request • (c) Resident rent. (1) Amount of rent. must be made while the project is operating as homeless housing or supportive services for homeless Federal .Register / Vo1. 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 permanent housing or supportive services. The primary factor in HIJD's decision on the proposed conversion is the unmet need for transitional or permanent housing or supportive services in the Continuum of Care's ._geographic area. (c) Repayment of grant 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. Tithe. 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 paragrapb.s (c) and (d) of this section if:- (1) The sale or disposition ofthe 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 benefited from such assistance continues to meet the tenant income and rent restrictions for 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 individuals and families at risk of homelessness. § 578,83 Displacement, relocation, and acquisition. (a) lvflnirnizing displacement. Consistent with the other goals and objectives of this part, recipients and subrecipients must ensure that they have taken all reasonable steps to minimize thedisplacement of persons (farnihes, individuals, businesses, nonprofit organizations, and farms) as a result of projects assisted under this part. "Project," as used in this section, means any activity or series of activities assisted with Continuum of Care funds received or anticipated in any phase of an undertaking. • (b) Temporary relocation. (1) Existing Building Not Assisted under Title IV of - the McKinney -Veneto Act. No tenant may be required to relocate temporarily for a project if the building in which the project is being undertaken or will be undertaken is not currently assisted under Title W of the McKinney-Vento Act The absence of such assistance to the building means the tenants are not homeless and the tenants are therefore not eligible to receive assistance under the Continuum of Care program. When a tenant moves for such a project under conditions that cause the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), 42 U.S.C. 4601-4655, to apply, the tenant must be treated as permanently displaced and offered relocation assistance and payments consistent with paragraph (c) of this section. (2) Existing Transitional Housing or Permanent Housing Projects Assisted Under Title IV of the McKinney-Vento Act, Consistent with paragraph (c)(2)(ii) of this section, no program participant may be required to relocate temporarily for aproject if the person cannot be offered a decent, safe, and sanitary unit in the same building or complex upon project completion under reasonable terms and conditions. The length of occupancy requirements in § 5.78,79 may prevent a program participant from returning to the property upon completion (See paragraph (c)(2)(iii)(D) of this section). Any program participant who has been temporarily relocated for a period beyond one year must be treated as permanently displaced and offered relocation assistance and payments consistentwith paragraph (c) of this section. Program participants temporarily relocated in accordance with the policies described in this paragraph must be provided: (i) Reimbursement for all reasonable out-of-pocket expenses incurred in connection with the temporary 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 (ii) Appropriate advisory services, including reasonable advance written notice of: (A) The date and approximate duration of thetemporary relocation; (B) The location of.the decent, safe, safe, and sanitary dwelling to be made available for the temporary period; . • (C) The reasonable terms and conditions under which tb,e program participant will be able to occupy a suitable, decent, safe, and sanitary dwelling in the building or complex upon completion of the project; and • (D) The provisions of paragraph (b)(2)() of this section. (c) Relocation assistance for displaced persons. (1) In general. A displaced person (defined in paragraph (c)(2) of this section) must be provided relocation assistance in accordance with the requirements of the URA and implementing regulations at 49 CFR part 24. A displaced person must be advised of his or her rights under the Fair Housing Act. Whenever possible, minority persons must be given reasonable opportunities to relocate to decent, safe, and sanitary replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require providing a person a larger payment than is. necessary to enable a person to relocate to a comparable replacement dwelling• See 49 CFR 24205.(c)(2)(ii)(D). (2) Displaced person. (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, or demolition for a project This includes any permanent, involuntary move fox a project, including any permanent move from the real property that is made: (A) After the owner (or person in control of the site) issues a notice to move permanently from the property, or refuses to renew an expiring lease, if the move occurs after the date of the submission by the recipient or subrecipient of an application for assistance to HUD (or the recipient, as applicable) that is later approved and funded and the recipient or subrecipient has site control as evidenced.in accordance with § 578.25(b); or 45460 Federal Register /Vol. 77, No. 147 /Tuesday, July 31, 2012 /Rules and Regulations (B) After the owner (or person in control of the site) issues a notice to move permanently 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 (C) Before the date described under_ paragraph .cafil(A) or_(), of this. . section, if the recipient or HIED 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 (ii) 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, or 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 complex upon project completion; or {3) Other conditions of the temporary relocation are not reasonable; or (C) The program participant is required to move to another unit in the same building or complex, and any one of the fallowing'situaiions occurs: (i) The program participant is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move; (2) The program participant is not eligible to remain in the building or complex upon project completion; or (3) Other conditions of the move are not reasonable, (iii) Notwithstanding the provisions of paragraph (c)(2)(i) or (ii). of this section, a person does not qualify as a "displaced person" if: (A) The person has been evicted for serious or repeated violation of the terms and conditions. of the lease or occupancy agreement; the eviction complied with applicable federal, State, or local requirements (see § 578.91); and, the recipient ar subrecipient determines that the eviction was not undertaken for the purpose of evading 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 commencing 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) and the fact that the person would not qualify as a "displaced person" (or 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 9 months of the later of signing participant occupying transitional within 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 occupancyrestriction under § 578.79; or Project. 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 siring 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 § 578.77; or time, HUD's determination of whether a completed must begin. within 3 months (B) The program participant is displacement is or wouldbe 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) Distribution. A recipient that and any one of the following situations purposes of determining the formula for receives funds through this part must: occurs: computing 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 execution of the agreement between the recipient and the subrecipient, or between the recipient (or subrecipient, as applicable) and the person miming or controlling the property. In the case of an option contract to acquire property, the initiation of negotiations does not become effective until execution of a writtenagreement that creates a legally enforceable commitment to proceed with the purchase, such as a purchase agreement. (d) .Real property acquisition requirements. Except for acquisitions described in 49 CFR 24,101(b)(1) through (5), the URA and the requirements of 49 CFR part 24, subpart B apply to any acquisition of real property for a project where there are Continuum of Care funds in any part of the project costs. (e) Appeals. A person who disagrees with the recipient's (or subrecipient's, if applicable) determination concerning whether the person qualifies as a displaced person, or the amount of relocation assistance for which the person is eligible, may file a written appeal of that determination with the recipient (see 49 CFR 24.10). A low- income person who is dissatisfied with the recipient's determination on bis 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 must initiate approved activities and projects promptly. (b) Construction activities. Recipients of funds for rehabilitation or new construction must meet the following standards: (1) Construction activities must begin 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. No assistance g'refeida under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local feuds previously used, or designated for use, . to assist homeless persons. (b) Faith -based activities. (1) Equal treatment of program participants and program beneficiaries. (i) Prograrn participants. Organizations that are religious or faith based are eligible, on the same basis as any other organization, to participate in the Continuum of Cara program. Neither the Federal Government nor a State or local government receiving funds under the Continuum of Care program shall discriminate against an organization on the basis of the orgenieation'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 against 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) Separation of explicitly religious activities. Recipients and subrecipients of Continuum of Care funds that engage in explicitly religious activities, including activities that involve avert 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 time or location, from. the programs or services funded under this part, and participation in any such explicitly religious activities must be voluntary for the program beneficiaries of the HUD - funded programs 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, provided 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 things, faith -based organizations may use space in their facilities to provide program -funded services, without removing 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 orgsnieation's name, select its board . members on areligious basis, and include religious references in its orgenieation's mission statements and . other governing documents. (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 organization 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 organization malting the referral. In making 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 for 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 ettaibuleble to eligible activities 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 to _govemmentwide regulations governing real property disposition (see 24 CFR parts 84 and 85), (6) Supplemental 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 thefederal funds or commingle 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 construction; (4) Rental assistance and leasing; 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 45462 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Rules and Regulations definition of homeless in § 576.2. 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 tho funds 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 Terrrmination 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 underthis section does not bar the . recipient or subrecipient from providing further assistance 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 termination so that a program participant's assistance is terminated only in the most severe cases. §578,93 Fair Housing and Equal Opportunity. (a) Nondiscrimination and equal opportunity requirements. The • nondiscrimination and equal opportunity requirements set forth in 24 CFR 5.105(a) are applicable. (b) Housing for specific subpopulations. Recipients and subrecipients may exclusively serve a particular homeless subpopulation in transitional or permanent h6iising if the housing addresses a need identified by the Continuum of Care for the geographic area and meets one of the following; (1) The housing may be limited to one sex where such housing consists of a single structure with 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 to one sex; (2) The housing maybe limited to a specific subpopulation, so long as admission does not discriminate against . any protected class under federal nondiscrimination laws in 24 CFR 5.105 (e.g., the housing maybe limited to homeless veteran a, victims of domestic violence and their children, or chronically homeless persons and families). (3) The housing maybe limited to families with children. (4) If the housing has in residence at least one family with a child under the age of 18, the housing may exclude registered sex offenders and persons witha. criminal record that includes a violent crime from the project so long as the child resides in the housing. (5) Sober housing may exclude persons who refuse to sign an occupancy agreement or lease that prohibits program participiants from possessing, using, or being under the influence of illegal substances and/or alcohol on the premises. (6) 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 may be limited. to that subpopulation (e.g., housing also assisted with funding from the Housing Opportunities for Persons with AIDS program. under 24 CFR part 574 maybe limited to persons with acquired immunodeficiency syndrome or related diseases). (7) Recipients may limit admission to or provide a preference for the housing to subpopulations of homeless persons and families who need the specialized supportive services that are provided in the housing (e.g., substance abuse addiction treatment, domestic violence services, or a high intensity package designed to meet the needs of hard -to - reach homeless persons), While the housing may offer services for a particular type of disability, no otherwise eligible individuals with disabilities or families including an individual with a disability, who may benefit from the services provided may be excluded on the grounds that they do not have a particular disability. (c) Affirmatively furthering fair housing. A recipient must implement its programs in a manner that affirmatively furthers fair housing, which means that the recipient must: (1) Affirmatively market their housing and supportive services to eligible persons regardless of race, color, national origin, religion, sex, age, familial status, or handicap who are least likely to apply in the absence of special outreach, and maintain records of those marketing activities; (2) Where a recipient encounters a condition or action that impedes fair housing choice for current or prospective program participants, provide such information to the jurisdiction that provided the certification of consistency with the Consolidated Plan; and (3) Provide program participants with information on rights and remedies . available under applicable federal, State and local fair housing and civil rights laws. (d) Accessibility and integrative housing and services for persons with disabilities. Recipients and subrecipients must comply with the accessibility requirements of the Fair Housing Act (24 CFR part 1D0), Section 50,1 of the Rehabilitation Act of 1973 (24 CFR part 8) , and Titles If and IF of the Americans with Disabilities Act, as applicable (28 CFR parts 35 and 36). In accordance with the requirements of 24 CFR 8.4(d.), recipients must ensure that their program's housing and supportive services are provided in the most integrated setting appropriate to the needs of 2ersons with disabilities. (e) Pro ubition against involuntary family separation. The age and gender of a child under age 18 must not be used as abasis for denying any family's admission to a project that receives funds under this part. §.578.95 Conflicts of Interest (a) Procurement. For the procurement of property (goods, supplies, or equipment) and services, the recipient and its subrecipients must comply with the codes of conduct and conflict -of - interest requirements under 24 CFR 85.36 (for governments) and 24 CFR 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 grant or other financial benefits to the organization that the member represents. (c) Organizational conflict. An organizational conflict of interest arises When, 'because of activities 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 organisational 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 § 578,75(b) that the recipient, subrecipient, or related entity owns. (el) Other conflicts. For all other transactions and activities, the following restrictions apply: (1) Nocovered person, meaning a person who is an employee, agent, consultant, officer, or elected or appointed official of the recipientor 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 t (2) Exceptions. Upon the written request of the recipient, HUD may grant an exception to the provisions of this section on a case -by -case basis, taking into account the cumulative effects of the criteria in paragraph (d)(2)(ii) of this section, provided that the recipient has satisfactorily met the threshold requirements of paragraph (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, accompanied by. a written -assurance, [fills recipient is a government, that there has been public disclosure of the conflict and a description of how the public disclosure was made; and 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 opinionof the recipient's in terest that the for which the exception is sought would not violate State or local law, or if the subrecipient is a private nonprofit'orpnization., the exception would not violate the or a•nization'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 ender 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 cumulative effect of the following factors, as applicable: (A) 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 an opportunity was provided for open competitive bidding or negotiation; (C) Whether the affected person has withdrawn from his or her functions, responsibilities, or the decision -making process with respect to the specific activity in question; (D) Whether the interest or benefit was present before the affected person was in the position described in paragraph (c)(1) of this. section; (E) Whether undue hardship will result to the recipient, the subrecipient, or the person affected, when weighed against the public interest served by avoiding the prohibited conflict; (F) Whether the person affected is a member of a group or class of persons intended to be the beneficiaries of the assisted activity, and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; and (G) 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 dturng the giant leriu shall be r'etaiid 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 U It part 5, use of assistance provided under this part must comply with the following federal requirements: (a) Environmental review. Activities under this part are subject to environmental review by HUD 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 render this part for procurement, and any person contracting with such an agency with resp ect to work performed under an assisted contract, must comply with the requirements of Section 6003 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with Section 6002, these agencies and persons must: (1) Procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired in the preceding fiscal year exceeded $10,000; (2) Procure solid waste management services in a manner that maximizes energy and resource recovery; and 45 464 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 Duncan Hunter Defense Appropriations Act of 2009,. and additional requirements published by the Office of Management and Budget (OMB), requires recipients to report subawards made either as pass- through awards, subrecipien award, or vendor awards in the Federal Government 1Areb site www.fsrs.gov or its successor system. The reporting of award and subaward information is in accordance with the requirements of the Federal Financial Assistance Accountability and Transparency Act of 2006, as amended by section 6202 of Public Law 110-252 and in OMB P.olicy Guidance issued to the federal agencies on September 14, 2010 (75 FR 55669). (d) The Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested.. (e) Applicability of OMB Circulars. The requirements of 24 CFR part 85--- Administrative Requirements for Grants and Cooperative Agreements to State, Local, and Federally Recognized Indian Tribal Governments and 2 CFR 225—Cost Principles for State, Local and Indian Tribal Governments (OMB Circular A-87)—apply to governmental recipients and subrecipients except where inconsistent with the provisions of this part. The requirements of 24 CFR part 84—Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations; 2 CFR part 230— Cost Principles for Non -Profit Organisations (OMB Circular A-122); and 2 CFR part 220—Co'st Principles for Education Institutions apply to the nonprofit recipients and subrecipients, except where inconsistent with the provisions of the McKinney-Vento Act or this part. (f) Lead -based paint. The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-1846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at 24 CFR part 35, subparts A, B, H, j, K, M, and R apply to 'activities under this program, (g) Audit. Recipients and subrecipients must comply with the audit requirements of OMB Circular A- 133, "Audits of States; Local Governments, and Non-profit Organizations." (h) Davis -Bacon Act. The provisions of the Davis -Bacon Act do not apply to this program. (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 § 578.101 Technical assistance. (a) Purpose. -The purpose of - - Continuum of Care technical assistance is to increase the effectiveness with which Continuums of Care, eligible applicants, recipients, subrecipients, and UFAs implement and administer their Continuum of Care planning process; improve their capacity to prepare applications; prevent the separation of families in projects funded under the Emergency Solutions Grants, Continuum of Care, and Rural Housing Stability Assistance programs;. and adopt and provide best practices in housing and services for persons experiencing homelessness. (b) Defined, Technical assistance means the transfer of stalls and knowledge to entities that may need, but do not possess, such skills and knowledge. The assistance may include, but is not limited to, written information such as papers, manuals, guides, and brochures; person -to -person exchanges; web -based curriculums, training and Webinars, and their costs. (c) Set -aside. HUD may set aside funds annually to provide technical assistance, either directly by HUD staff or indirectly through third -party providers. (d) Awards. From time to time, as HUD determines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement the technical assistance. HUD may also enter into agreements with other federal agencies for awarding the technical assistance funds. § 578.103 Recordkeeping requirements. (a) In general. The recipient and its subrecipients must establish and maintain standard operating procedures for ensuring that Continuum of Care program funds are used in accordance with the requirements of this part and must establish and maintain snicient records to enable HUD to determine whether the recipient and its subrecipients are meeting the requirements of this part, including: (1) Continuum of Care records. Each collaborative applicant must keep the following documentation related to 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); (ii) 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 HMIS for the Continuum, and monitoring reports of recipients and subrecipients; (ill) Evidence that the Continuum has prepared the application for funds as set forth in § 578,9, 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 Continuum. 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. 24 CFR 576.500(c). (5) Records of reasonable belief of imminent threat of harm. For each program participant who moved to a different Continuum of Care due to imminent threat of further domestic violence, dating violence, sexual assault, or stalking under § 578,51(c)(3), each recipient or subrecipient of assistance under this part must retain: (i) Documentation of the original incidence of domestic violence, dating violence, sexual assault, or stalking, only if the original violence is not already documented in thaprogram participant's case file. This may be 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 /Vol. 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 observation by-th a housing or— . service provider; a letter or other dociinentation 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 emails, voicemails, text xnessages, and social media posts; or a written certification by the program participant to whom the violence occurred or the head of household. (6) 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 unobtainable, a written statement by the relevant third party (e.g., employer, government benefits arirninistator) 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 beep records for each program participant that document: (1) 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 for more than a year and adjusted the service package accordingly, and including case. managet services.. provided in § 578,37men(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 that 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"ation uses to support the aLocation of regular personnel costs, (11) Conflicts of interest. The recipient and its subrecipients must keep records to show compliance with the organi eational con fli ct-of-interest requirements in §.578.95(c), the Continuum of Cara board conflict -of - interest requirements in § 5 78, 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. () ) SubrVcipierits grid caxttzoctors, (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 documentationof compliance with the procurement requirements in 24 CFR 85.36 and 24 CFR part 84. - (17) Other records specified by HUD. The recipient and subrecipients must keep other records specified by HUD. (h) Confidentiality. In additibn to meeting the specific confidentiality and security requirements for HN IS data, the recipient and. its subrecipients must develop and implement written . procedures to ensure: (1) All records containing protected identifying information of any individualor 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 the 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 regarding privacy and obligations of confidentiality; (c) Period of record retention. All records pertaining 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 familyor 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 lvas 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 first occupied, or used, by program participents, (d) Access to records. (1) Federal Government rights. Notwithstanding the confidentiality procedures established under paragraph (b) of this section, HUD, the IIUD Office of the Inspector General, and the Comptroller General of the United States, or any of 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 retained. (2) Public rights. The recipient must provide 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 end confidentiality requirements in this part (e) Reports. In addition to the reporting requirements in 24 CFR parts 84 and 85 , the recipient must collect and report data on its use of Continuum of Care funds in an Annual Performance Report (APR), as well as in any ad riitionai reports as and when required by HUD. Projects receiving grant funds only for acquisition, rehabilitation, or new construction must submit APRs for 15 years from the date of initial occupancy or the date of initial service provision, unless HUD provides an exception under § 578.81(e). § 578.105 Grant and project changes. (a) For Unified Funding Agencies and Continuums having only one recipient. (1) The recipient may not make any significant changes without prior HUD approval, evidenced by a grant amendment signed by HUD and the recipient. Significant grant changes include a change of recipient, a shift in a single year of more than 10 percent of the total amount awarded under the grant for one approved eligible activity category to another activity and a permanent change in the subpopulation served by any one project funded under the grant, as well as a permanent proposed reduction in the total number of units funded under the grant. (2) Approval of substitution of the recipient is contingent an the new recipient meeting the capacity criteria in the NOFA under which the grant was awarded, or the most recent NOFA. Approval of shifting funds between activities and changing subpopulations is contingent on the change being necessary to better serve eligible persons within the geographid 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. (i) 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 eypes 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 subpopulation served. (2) Approval of substitution of the recipient is contingent on the new recipient meeting the capacity criteria in the NOFA under which the grant was awarded., or the most recent NOFA. Approval of shifting funds between activities and changing subpopulations is contingent on the change being necessary to better serve eligible persons 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. (c) Documentation of changes not requiring a grant amendment. Any other changes to an approved grant or project must be fully documented in the • recipient's or subrecipient's records. §57B.107 Sanctions. (a) Performance reviews. (1) HUD will review the performance of each recipient in carrying out its responsibilities under this part, with or without prior notice to the recipient. In conducting performance reviews, HUD will rely primarily on information obtained from the records and reports . from the recipient and subrecipients, as well as information from on -site • monitoring, audit reports, and information generated from HUD's financial and reporting systems (e.g., LOCCS and e-snaps) and HN4S. Where applicable, HUD may also consider relevant information pertaining to the recipient's performance gained from other sources, including citizen comments, complaint determinations, and litigation. (2) If HUD determines preliminarily that the recipient or one of its subrecipients has not complied with a program requirement, HUD will give the recipient notice of this determination and an opportunity to demonstrate, within the time prescribed by HUD and on the basis of substantial facts and data that'tliarecipient lies complied with 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 compliance with program requirements, HUD may take one or more of the remedial actions or sanctions specified in paragraph (b) of this section. (b) Remedial actions and sanctions. Remedial actions and sanctions for a failure to meet a program requirement will be designed to prevent a continuation of the deficiency; to mitigate, to the extent possible, its adverse effects or consequences; and to prevent its recurrence. (1) HUD may instruct the recipient to submit and comply with proposals for action to correct, mitigate, and prevent noncompliance with program requirements, including: ii) Preparing and following a schedule of actions for carrying out activities and projects affected by the noncompliance, including schedules, timetables, and milestones necessary to implement the affectedactivities and projects; (ii) Establishingand following a management plan that assigns responsibilities for carrying out the remedial actions; (lit) Canceling or revising activities or projects likely to be affectedby the noncompliance, before expending grant funds for them.; (iv) Reprogramming grant funds that have not yet been expended from affected activities or projects to other eligible activities or projects; (v) Suspending disbursement of grant funds for some or all activities or projects; (vi) Reducing or terminating the remaining grant of a subrecipient and either reallocating those funds to other . Federal Register / Vol. 77, No. 147 /.Tuesday, July 31, 2012./Rules and Regulation.s ' 45467 subrecipients or returning funds to HUD; and (vii) Making 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) HUD - 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) DeobIigation. HUD may deobligate funds for the following reasons: (1) If the timeliness standards in § 578.85 are not met; (2) If HUD determines that delays completing construction activities for a 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 HMIIS costs ere 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 CPR parts 84 and 85, and closeout procedures established by HUD. CO 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 on 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. (5) Other provisions appropriate to any special circumstances of the grant closeout, in morliftcation of or in addition to the obligations in paragraphs (c)(1) through (4) of this section. Dated: June 2B,.2012. Mark Johnston, Assistant Secretary for CommvniiyPlomning and Development (Acting). IFR Doc. 2012-1754a Filed 7-30-12; 8:45 am) BILLING CODE 4215-67-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 FL0189L4D001205 City of Miami MMHAP North The Subrecipient shall provide two thousand (2,000) outreach contacts and at least four hundred (400) 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 will 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 including emergency, 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 Subrecipient'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 asprovided for in this Agreement; 2. The Subrecipient is responsibleformatching alleligible, 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" thomasterreil Applicant Name: Applicant Number: Project Name: ,,.ice;.,:; ::er.:. Project Number: HUD Renewal Application Review Assistance 4. :Supportive Services 5, Operating 6. HMIS 7. Sub -total Activities Request 8. Admin (Up to 7%) 9. Tote! Activities Request 10. Cash Match 11, In -Kind Match 12. Total Match 13. Total Budget 4. Recipient Legal Name: Imam -Dade Cooney 5. EIN/TIN: j59.6000573 6a. DUNS Number. f 004148292 6b. DUNS Extension: 1 HUD Award Information Renewal Applicant Submission HUD Change Award Indicated 7. Component Type: ! SSO . J SSO j 8. Grant Term: 11 Year 11 Year • : I 9. Rental Assistance Typal j- select -.Li IN/A.. 10. Will the project provide RRH7 I- select - j I No Budget Summary Annual Amount Annual Grant Term Total Requested Requested ' Amount (Renewal Grant Term for Grant Term Total Requested (Renewal Requested Applicant (HUD Award) (Renewal for Grant Term Applicant ( HUD Award) Submission) Applicant (HUD Award) Submission) Submission) .. $0 ! $0 ; 1 Year -Year 1* T"' $0 t• $0 • $0 1 $0 r 1 Year 1 1 Year Project and Recipient Information 1. Awarded Grant Number: jFL0i89L40001205 2. Project Name.: imsAmp Nc,d, * 3. CoC Number and Name: IFL-600 • Miami/Dade County CoC Eligible Activities .1a, Leased Units ib.Leased .Structures 2. Short - Medium Term !� so r $0 J 1 Year f— 1 Year Assistance • 3. Long- term Rental 1 $0 • $0 j $0 $o I $0 $0. 1 1 Year M 1 Year 1 $0 r $0 $278,724 I $278,724 j 1 Year l 1 Year I •$278,724 f $278,724 $0 1. I sol soj 1 Year ' 1 Year $0 j 1 Year I 1 Year Beck $o ( so so f so $279,724 I $278,724 • $19,510 $19,510 $298,234 l $298,234 $74,559 ; $74,559 $74,559 i Next $74,559 $372,793 { $372,793 This e.Form has been subrnitted Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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 withat least One Adult and One Child: Enter the total number of households with at least one adult and least one person at or above the age of 18,columnthis and at least one person under the age of 18 be at Adult Households without Children: Enter the total number of adult households without children. To fall undeandr column na h and household the ageldofpe,8 there must be at least one person at or above the age 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 withHouseholdst least one adult and on child for each demographic row. To fall unne Child: Enter the number of der this in households d 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 On!y,Children: Enter the number of persons in households t children for each demographic row. To fall under thiscolumn underandthe age ld type,there may no be any persons at or above the age of 18, and only persons '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 Applicant Renewal Adjustment • Households with at Least One Adult and One Child 216 Persons in Households with at Least One Adult and One Child 94 Adult Households without Children 1,511 Adult Persons in Households without Children 490 Page 8 Households with Only Children Persons in Households with Only Children Total 1,727 Total 584 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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 .. Unaccompanied 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 122 273 r!i 216 • 273 • 489 1,021 ar: .1,511;:. 0 Click Save to automatically calculate totals 1,143 0 0 0 273 0 0 11,727 0 tL 273 2,000 Applicant Renewal Adjustment Page 9 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 Disabled Adults over age 24 Non -disabled Adults over age 24 " Disabled Adults ages 18-24 r • Non -disabled Adults ages 18-24 Disabled Children under age 18 ' gi- `-;i9J J Non -disabled Children under age 18 :Pe i i a t- Total Persons .:;.::0 is ; :...c.0; `: ;.:;.qc .:: ".." : 0 0. • . 0", . " Q. .. • Click Save to automatically calculate totals Persons in Households without Children Characteristics Chronically Homeless Non-:,: Veterans . Chronically Homeless:.. Veterans . _....-.:: Non- Chronically Homeless . Veterans ..::::: .:. _ -Chronic . Substance: ,Abuse: " Persons " . with ••: =HIV AID .. Severely Mentally III •. Victims of Domestic Violence Disabled Adults overage 24 100 5 50 10 50 Non -disabled Adults over age 24 Disabled Adults ages 18-24 , Non -disabled Adults ages 18-24 • Total Persons' ._ . s}100 � 5 ' , .::: • • .0. 50a:_` ". 50 � Click Save to automatically calculate totals Persons in Households with Only Children Characteristics Chronically Non-...;': •Veterans :.'. Chronically :,Homeless :.Homeless .:Veterans .:Veterans ' ''= _ :':.'.• Non -• Chronically • . Chronic Substance .: :.Abuse`: Persons with HIV/AIDS "., Severely • :Mentally 111 Victims Of, Domestic .•Violence Accompanied Disabled Children underage 18 m ` 4 { Accompanied Non -disabled Children under age 18 " ; at_o f _ - Unaccompanied Disabled Children under age 18 c "v':' ? 1.� #1.471'- „ , ;: "- Non -disabled Chlldren underage Unaccompanied) 18 'ii`^` �k :Z• 4 l k�,.-.5," ry'`4 ¢ . . '` a -E :0.,...: Total Persons 0 . 0 - 0 ... 0" .' 0' : Applicant Renewal Adjustment Page 11 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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 light 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 project for each of the following locations: (required) Enter a percentage (between 0% and 100%) in each field correspondingto the following places that your clients will be coming 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://esnaps.hudhre.info http://www.hudhre.infofindex.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.. 100% 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. 100% Total of above percentages Applicant Renewal Adjustment Page 12 06/0 3/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 7F. Supportive Services 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 e total t e adjustedduri ng the esolution oflissues andhconditio sount for this budget line item cannot 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 Actand 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 listed are the only costs allowed under thCoC Pros gr s regulations. Refer to the CoC Program rule for details on eligible supportive 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 Requested: (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: This 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 Alt 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=viewHomelessAndHousingProgram Info A description must be entered for Quantity. Any costs without a Quantity description will be removed from the budget. Annual Assistance Requested (HUD Award) Eligible Costs 1. Assessment of Service Needs 2. Assistance with Moving Costs 3. Case Management 4. Child Care 5. Education Services 6. Employment Assistance Quantity Description Annual (max 400 characters) Assistance (Renewal Submission) Requested (Renewal Submission) Quantity Description (max 400 characters) (Adjustment) Applicant Renewal Adjustment Page 14 Annual Assistance Requested (Adjustment) 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 7. Food 8. Housing/Counseling Services 9. Legal Services 10. Life Skills 11. Mental Health Services 12. Outpatient Health Services • 13. Outreach Services 4-Community Outreach: ;,; :.: Specialists 1, 6;Community • .` Outreach Sppecialists'2=Salaries and Fringe Benefits,Vans and` fuel,Computers, telephones and : handheldradios, copier,_ client supplies,`postage.and forms; office supplies, program supplies. 14. Substance Abuse Treatment Services 15, Transportation 16. utility Deposits 17. Operating Costs 18. Security Deposits 4 Community Outreach Specialists 1, 6 Community Outreach Specialists 2-Salaries and Fringe Benefits,Vans and fuel,Computers, telephones and handheld radios, copier, client supplies. postage and forms, office supplies, program supplies $278,724 $0 Total Annual Assistance Requested :-$278,724 $278,724 $27.8,724 Grant Term .,11 Year Year :1 Year Total Request for.Grant .• Term •- $278;724; 278,724. $278,724 Click the'Save' button to automatically calculate totals. Applicant Renewal Adjustment Page 15 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 71. Summary Budget 0041482920000 FL0189L4D001205 instructions: Note: Data can only be entered under the Adjustment column of hs Data uDndtar the HUD Award under the Renewal Submission column populates from the project application. column populates from the HUD conditional award. The total requested amount for this summary budget cannot be adjusted during the resolution of issues and conditions. ion to each The et m populates the data nd rretdurret based on n to the p eviouhes forms tto correct anydinaccu inaccurate binformation. form. information. All fields are read only with exception to the Cash Match and In -Kind Match fields. Cash Match: (required) Enter the total amount of funds ($) 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 then requestnits and listed in the ereield' Total lEl Eligible Costs Request" minus the amount requested for g o upper ppl cat oMatch. n subm ss onllwlhen the form is saved; ble amount is entered, the system will report an error and . prevent 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 f ndin request cash and no e al term of the project. However, the appropriate ind match and administrative costs must be entered in the available fields below. Eligible Costs Annual Annual Annual Grant Grant Grant Total Total TotalAssistance Assistance Assistance' Term Term Term Assistahce Assistance Assistance Requested Requested Requested (Rene (HUD (Adjust Requested Requested Requested (HUD (Adjustment) wal Award) ment) for Grant tor rermr Gant foreGrant (RenewSubmi Term Submission) Award) ssion) (Renewal (HUD (Adjustment) • Submission) Award) 1a, Leased Units : ' $0 $o, $o 1 Year 1:Year 1 Year. • $ $0 $0 $0 1 Year 1 Year • 1 Year. $0 $0 $0 lb. Leased Structures 3. Short- term/Medium-term Assistance 4. Long-term Rental Assistance 5, Supportive Services 6. Operating $o $o $o $275,724 $0 $0 Applicant Renewal Adjustment $0 1 Year 1 Year 1 Year • $0 $0 $0 $p $0 1 Year 1 Year 1 Year $0 $0 $0 $278,724 $278,724 1 Year 1 Year 1 Year $278,724 $278,724 $278,724 $0 1 Year 1 Year 1 Year $0 $0 $0 Page 16 06/03/2013 Budget Chang e (Adjust ment) Applicant: Miami -Dade County Protect: MMHAP North 0041482920000 FL0189L4D001205 7. HMIS $0 $0 - . $0 1 Year 1 Year .1 Year $0 $0 $D 8. Sub -total Costs Requested . .• $278,724 $278,724 $278,724 9, Admin (Up to 10%) . $19,510 .- :. $19,510 $19,510 10. Total Assistance plus Admin Requested $298,234 $298,234 $298,234 11. Cash Match $74,559 $74,559 $74,559 12. In -Kind Match•- 13. Total Match , $74,$59 $74,559 $74,559 14: Total Budget $372,793 $372,793 .:" .$372,793 Applicant Renewal Adjustment Page 17 06/03/2013 Applicant: Miami -Dade County Project: MMHAP North 1 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. DescriptiveTitle 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 0041482920000 FL0189L4D001205 • 14. Area(s) affected by the project (State(s) Florida only): (for multiple selections hold CTRL key) 15. Descriptive Title of Applicant's Project: MMHAP North 16. Congressional District(s): a. Applicant: FL-020, FL-021, FL-018, FL-017, FL-025 b. Project: FL-020, FL-021, FL-018, FL-017 (for multiple selections hold CTRL key) 17. Proposed Project a. Start Date: 02/01/2013 b. End Date: 01/31/2014 HEARTH Renewal Project Application Page 6 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 F'L0189L4D001205 2A. Project Subrecipients This form lists 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: $298,234 Organization . Type Sub- Award Amount City of Miami C. City or Township Government $298,234 HEARTH Renewal Project Application Page 11 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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 33136 f. Congressional District(s): FL-021, 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? I. Expected Sub -Award Amount: $298,234 j. Contact Person Prefix Mr. First Name Sergio Middle Name Last Name Torres Pa e 13 07/03/2013 HEARTH Renewal Project Application 9 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 Suffix Title E-mail Address Confirm E-mail Address Phone Number Extension Fax Number Program Administrator storres@miamigov.com storres©miamigov.com 305-576-9900 305-576-9967 HEARTH Renewal Project Application Page 14 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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: -This field is po'pulated•with the expiring grant number entered as the "Federal Award Identifier" on forrn 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 project in e-snaps. RetUrn to the Project form to make changesto the name. 4. Project Status: This Feld 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 G1W. 6. Energy star: (required) Select Yes or No to indicate whether or not energy star is being (or will be) 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://esnaps.hudhre.info http://wvvw.hudhre.info/coc/ 1. Expiring Grant Number: FL0189B4D001104 (e.g., the "Federal Award Identifier" indicated on form 1A. Application Type) • HEARTH Renewal Project Application Page 15 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 2a. CoC Number and Name: FL-600 - Miami/Dade County CoC 2b. CoC Applicant Name: Miami -Dade County 3. Project Name MMHAP North 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/D3/2013 Applicant: Miami -Dade County 0041482920000 Project: MMHAP North FL0189L4D001205 1. Provide a description that addresses the entire scope of the proposed project. The Miami Metro Homeless Assistance Program North (MMHAP-North) currently provides outreach supportive services only to homeless individuals and families living on the streets throughout northern Miami -Dade County. The teams provide outreach services for the north and western areas of Miami -Dade County, to the Broward County and Collier County line. MMHAP-North Program Teams are assigned to search for homeless individuals and families living on the street, in -parks, abandoned buildings, underneath expressways and other places not meant for human habitation. The focus•is to engage the individual (s) into accepting services available for the homeless. The MMHAP-North Team completes a comprehensive.psychosocial assessment to determine individual's needs and make appropriate recommendations for services. The Teams identify available housing arrangement (e.g., shelters), provide transportation, and monitor the individual compliance with the housing referral for a minimum of seven days. Goals & Objectives: The goal of the program is to impact the lives of homeless individuals and families living on the streets, under bridges, and homeless encampments, by engaging them in many services provided by the Miami -Dade Homeless Trusts Continuum of Care. Program Eligibility Requirements: • The MMHAP North Program provides outreach, assessment and placement services to homeless individuals and families who meet the HUD definition of homeless and seeking housing services. MMHAP North Program Teams provide services to all individuals and families requesting services without the need of identification, social security cards, and/or documented citizenship status. Homeless individuals must be at least 18 years of age or have proof of being an emancipated minor; he/she must be physically residing in Miami -Dade County or physically in Miami -Dade County with the intent to make this county his/her home. ' Number of Clients and Population Served: For the purpose of this application, the HOAP proposes to contact homeless individuals and families, complete assessments, and place individuals and families in homeless shelters and/or treatment facilities for a minimum of seven days. Characteristics of homeless individuals and families to be served mirror those of the existing grant project and include individuals with sever mental illness and/or chronic alcohol or other drug abuse, the dually -diagnosed, persons with AIDS or related diseases, and other medical disabilities. Hours of Operation: The Homeless Outreach, Assessment and Placement Program's working hours are 24 hours a day, 7 days a week excluding holidays: HEARTH Renewal Project Application Page 19 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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: Federallaw 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 1/1/2011 —12/31/2011, 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. Only 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://esnaps.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 414 from 1/1/2011 -12/31/2011 2b. Of the clients served from 1/1/2011 - 414 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% o% HEARTH Renewal Project Application Page 24 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205. Date of Birth Ethnicity. Race 0% 0% 0% 0% . 0% Gender 0% 0% Veteran Status 0% 0% Disabling Condition Residence Prior to Prog. Entry 0% 0% 0% Zip Code of Last Permanent Address 0% 0% 0% HEARTH Renewal Project Application , Page 25 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 SA. 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 fail 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 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 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 leastone household field and one persons field is entered and saved, Additional resources: Application Detailed Instructions (on left menu) http://esnaps.hudhre.info http://www.hudhre.info/coc/ Households Total Number of Households Households with at Least One Adult and One Child 216 Adult Households without Children 1,511 Households with Only Children Total 4,727 HEARTH Renewal Project Application Page 26 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL01.89L4D001205 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 Unaccompanied Disabled Children under age 18 Unaccompanied Non -disabled Children under age 18 Total Number of Adults overage 24 _ _ ..`•_.a Total Number of Adults ages-18=24 e:; Total Number of Children under age 18 + Total Persons : - .., yr;,i Persons in Households with at Least One Adult and One Child 94 122 273 --4• 8 Adult Persons in Households without Children t' Persons In Households with - Only Children } ,rYy.� cn..rr • Click Save to automatically calculate totals Total 584 1,143: 0 • 0 0 273 0 2.000.. HEARTH Renewal Project Application Page 27 07/03/2013 Click Save to automatically calculate totals Total 584 1,143: 0 • 0 0 273 0 2.000.. HEARTH Renewal Project Application Page 27 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 Persons in Households with at Least 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. DisabledAdults over age 24 • Non -disabled Adults over age 24 •• Disabled Adults ages 18-24 ' Non -disabled Adults ages 18-24 Disabled Children under •a a 18 .q 1r ''{ Non -disabled Children underage 18 a„ hL' Total Persons 0..: ,. 0 0 ;.- p.'? } 0.: :0, ,L 0 Click Save to automatically calculate totals Persons in Households without Children - Characteristics - <<r- .' Homeless:, -: Non-_.: Veterans .. •Chronically Chronically Homeless Veterans ;^<;; Non_: Chronically Homeless: Veterans f.-HIV/AIDS 7. Chronic :Substance: ..-. Abuse ;•;._.with , Persons: 7 `, Severely.' Mentally ID Victims of Domestic .;.Violence , Disabled Adults over age 24 100 5 50 10 50 Non -disabled Adults overage 24 • Disabled Adults ages 18-24 Non -disabled Adults ages 18-24 Total Persons .:; . 100 ' 5: .. D 50:' 10.:. :.. 50 ..;P.. Click Save to automatically calculate totals Persons in Households with Only Children =:'. Characteristics . . • •Ch tonically 'Homeless Non- . ' Veterans � Chronically Homeless ` Veterans' Non- -': Chronically' Homeless Veterans -"Chronic .: ' �Chr Substance Abuse '. :� Persons `='-with .., HIV/AIDS'- - _of '` Severely . Mentally III. Victims.f Domestic Violence. Accompanied Disabled Children under age 18 414‘,tg �.'vr • V,.1 t hk kV y . Accompanied Non -disabled Children under age 18 *V i-4 3 4147 • Unaccompanied Disabled . Children under age 18' `"n. Unaccompanied Non -disabled Children underage 18 ors, 'l 0 Total Persons ...: , - 0 0 0 0 , , 0 HEARTH Renewal Project Application Page 29 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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 homeless person(s) who will be served by the proposed project for each of the following locations: (required) Enter a percentage (between 0% and 100%) in each field corresponding to the following places that your clients will be coming 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 surn 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 locations) 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.h.udhre.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. 100% 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. • 100% Total of above percentages , HEARTH Renewal Project Application Page 30 07/03/2013 Applicant: Miami -Dade County • 0041482920000 Project: MMHAP North FL0189L4D001205 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 affected. • 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/coc/ 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 . 400 - 2,000 r 20% 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 (#) Target (%) (calculated) Physical Disability Developmental Disability Chronic Health HIV/AIDS HEARTH Renewal Project Application Page 34 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL01.89L4D001205. Mental Health Substance Abuse 35 50 70% HEARTH Renewal Project Application Page 35 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 7F. Supportive Services Budget Instructions: 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 list 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 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 related to 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 each 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. h udhre. i nfo/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 • 5_ Education Services 6. Employment Assistance 7. Food .. 8. Housing/Counseling Services 9. Legal Services . 10. Life Skills HEARTH Renewal Project Application Page 39 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 11. Mental Health Services 12. Outpatient Health Services 13. Outreach Services 4 Community Outreach Specialists 1, 6 Community Outreach Specialists 2-Salaries and Fringe Benefits,Vans and fuel,Computers, telephones and handheld radios, copier, client supplies, postage and forms, office supplies, program supplies $278,724 • 14. Substance Abuse Treatment Services . 16. Transportation 16. Utility Deposits 17. Operating Costs Total Annual Assistance Requested —r. $ 4 Grant Term ' 1 Year Total Request for.Grant-Term - . , ` � �' � ' - 2787 $ 24. Click the 'Save' button to automatically calculate totals. HEARTH Renewal Project Application I Page 40 07/03/2013 1 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL01B9L4D001205 71. Summary Budget Instructions: 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 Total Requested for Grant Term for Admin, Cash Match, and In -Kind Match. Adrnin (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 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 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 less 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) la. Leased Units $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 $278,724 1 Year $278,724 HEARTH Renewal Project Application Page 41 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 6. Operating SO 1 Year $0 7. HMIS $0 • 1 Year $0 • 8.Sub-total Costs Requested . $278'724 $19,510 9. Admin (Up to 10%) $298,234 10. Total Assistance plus.Adriiin Requested • $74,559 11. Cash Match 12. in -Kind Match , . $74,559 13. Total Match ..: -. , . ... . $372,793 14. Total Budget: HEARTH Renewal Project Application Pade 42 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 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: $77,033 Total Value of In -Kind Commitments: $0 Total Value of All Commitments: $77,033 Type. , 'Contributor : , 1.. :Source: Pate of Comtnitment s - Value of. Commitments Cash City of Miami Government 12/13/2012 $74,559 Cash Miami -Dade County... Government 12/17/2012 $2,474 HEARTH Renewal Project Application Page 43 07/03/2013 • Applicant: Miami -Dade County 0041482920000 Project: MMHAP North FL0189L4D001205 Leverage Detail Instructions: Leveraged Resources: Applicants are encouraged to identify as many 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:/lesnaps. hudhre.info http://www.hudh re. info/cod 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: $74,559 . Leverage Detail Instructions: HEARTH Renewal Project Application Page 44 07/03/2013 Applicant: Miami -Dade County Project: MMHAP North 0041482920000 FL0189L4D001205 Leveraged Resources: Applicants are encouraged to identify as many 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/cod 1. Type of Commitment: Cash 2. Name the Source of the Commitment: Miami -Dade County government 3. Type of Source: Government 4. Date of Written Commitment: 12/17/2012 5. Value of Written Commitment: $2,474 HEARTH Renewal Project Application Page 45 07/03/2013 Form 1191-J (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 Individual/ Check appropriate box: ❑ Sole proprietor II Corporation ❑ Partnership ❑ Other I. Exempt from backup ❑ withholding 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) Lau • 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 1 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. Part 11 Certification Social security number or Employer Identification number II-1 I H H 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 to me), 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 all 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 Po - Date 1► Purpose of Forni 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 thei 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 claim an 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 §287.1.33 (3)(a) ON PUBLIC ENTITY CRIMES (HIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTIIORIZED TO ADMINISTER OATI-IES) 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 hi Paragraph 287..133 (1) (b) Florida Statutes means a finding 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 the management 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 agreernent, shall be a prima facie case that one person controls another person. A person who knowingly enters into a 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 (1) (e) .Florida Statutes means any natural person or entity organized under the laws of anystate 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, nix'. 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". I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICE 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 as above, leave blank) Street Address City State Zip Code 1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 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 eachstockholder 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 failsto 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, MIAMI-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 laws 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 work force and ownership as White: _ Black: Hispanic: Asian: American Native: Aleut (Eskimo): (number of persons) of your firm's to race, national origin and gender: Males:_ Female: Males: Female: Males: Female: Males: Female: Males: Female: 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 annual revenues in excess of $5,000,000; however, ifs Board of Directors is representative of the population make-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 Firm 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 of 5 MIAMI-DADE COUNTY REQUIRED AFFIDAVITS 4. MIAMI-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 /hasnot), as of the date, of this affidavit been convicted of 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 may be 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 al] 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 normal 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" ...421ECI 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 affidavitsthat 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 AT'LUSTING TO AFFIDAVITS ONE (1) THROUGH ELEVEN (11) -4 MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE By: 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 Notary Public — State of County of Expiration Date 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: (Zip Code) 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: / / / / /• / / / / / /. / / / / / (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. l 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 SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) 1,4111\. Vl A. R VYv.3a.w 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 involve expenditures 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 beading, 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/Subconsultant 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/Suppler Listing are to thf e best omy 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 Ili it 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 Organlzaflon's Name 8. Grant No. 6a. Grantee Organization's TIN 4. Type of Disbursement Partial n Final I 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: 10. 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 prosecute false claims and statements, Conviction may result in criminal and/o r 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 x 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 (LOCCS) have their access capability promptly deleted. Provision of the SSN is mandatory, HUD uses it as a unique identifier forsafeguarding 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 thiAirrgCYffMEeiqirirtdtPES7VTtS SNAPS c1$ferst 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: QTH 0 PH 0 SSO 0 SAFE HAVEN 0 RRH MIAMI - DADE Grant Amount Amount this Invoice LEASING Year -to -Date Expenditures GRANT MANAGEMENT Balance Remaining Remaining Leasing - Units Leasing - Structure Rental Assistance $ $ #DIV/0! #DIV/O! #DIV/O! LEASING TOTAL: #DIV/01 1.Assessment of Service Needs 2.Assistance with moving costs 3.Case Management 4.Child Care SUPPORTIVE SERVICES $ $ $ #DIV/01 #DIV/01 $ $ #DIVID! 5. Education services $ $ $ $ #DIV/01 6.Employment Assistance 7.Food $ $ #DIV/0! #DIV/01 8.Housing / Counseling Services 9.Legal services $ $ $ #DIV/0! #DIV/0! 10.Life Skills training $ #DIV/0! 11.Mental Health Services #DIV/0! 12.Outpatient Health Services 13.Outreach Services 14.Substance Abuse Treatment 15.Transportation $ $ #DIV/01 #DIV/01 #DIV/0! #DIV/01 16.Utility Deposits 17. Operating costs for SSO only SUPPORTIVE SERVICES SUBTOTAL: $ #DIV/0! #DIV/01 #DIV/O! #DIVID! 1.Maintenance and Repair 2.Property Taxes and Insurance 3.Replacement Reserve 4.Building Security 5.Electricity, Gas and Water L,i0PERATING COSTS`: $ $ $ $ $ $ $ $ 6.Furniture 7.Equipment (Lease/Buy) $ #DIV/0l #DIV/0! #DIVIOI #DIV/O! #DIV/0! #DIV/01 #DIVIOI OPERATING COSTS SUBTOTAL: $ $ #DIV/01 Subrecipient Administration PROJECT ADMINISTRATION $ #DIV/0! -. ,'-.INVOICE REQUEST ''.:. _ . .. REIMBURSEMENT REQUEST AMOUNT Grant Amount Amount this Invioce Year -to -Date Expenditures GRANT MANAGEMENT Amount Remaining % Remaining $ - #REFI $ - $ - #DIV/0! 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 Q PH 0 SSO 0 SAFE HAVEN 0 RRH MIAM1-DADE TOTAL. GRANT FUNDING SUBJECT TO 25% MATCH: : . CASH IVIATGH : Total Cash Match Commitment Value of Cash Match this Month Year -to -Date Cash Match Amount. Remainingto Match $ - $ - $ - $ - z Y IN.KIND MATCH M '.:. yF. Total In -Kind Match Commitment Value of In -Kind Match this Month Year -to -Date In- Kind Match Amount Remaining to Match $ - $ - $ -•$ " TOTAL ,pLLMATCHCOMMITMENT Value of ALL Amount Total ALL Match Match this Year -to -Date Remaining to Commitment Month ALL Match Match $ $ - $ - $ . ;GRANT MANAGEMENT .-•MATC,H ,c ,, 1 % MONTHLY RATIO % CUMULATIVE RATIO #REF! #REF1 Z:FORMS/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 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 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 payments for 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 the year, 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: FL0000L4D001205 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 $ 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/0! 1010 Client 10 $ - $ 698.00 $ 498.00 $ 200.00 28.7% REPORTING AGENCY AND PROGRAM NAME: GRANT NUMBER: FL0000L4D001205 SERVICE MONTH: 1 2 3 1 CLIENT CONTRIBUTION REPORT HMIS # 5 8 CLIENT NAME COMMENTS 1001 Client 1 1002 Client 2 1003 Client 3 1004 Client 4 1005 Client 5 1006 Client 6 ' 1007 Client 7 1008 Client 8 3 1009 Client 9 0 1010 Client 10 1 MDHT/KJ 7.25.13 EMPLOYEE CERTIFICATION FOR GOVERNMENT ENTITIES ONLY Bi-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: Nance 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 ( 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,Fieid- Values) Selected 1. Select Provider Group(s): 1-None Selected - Select Provider(s): (Mlaml-Dade County Government(1) 2. Enter Start Date: 11/1/2011 '3, Enter End Date PLUS 1 Day: for HUD reporting? 1/1/20.12_ 4. Select Entry Type: ;HUD 5. Enter Adult Age: 118 EDA Provider I -Default Provider- 'Enter Effective Date 11/1/2012 Is using the Disability Determination field part of your Yes 'workflow for HUD reporting? 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 iYes Additional Information © 2012 Bowman Systems, L.L.C. All Right Reserved. Client Count Based bn Uid Unduplicated Count ServicePointlM and the ServicePointTM 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, L4 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 Total number of records for Adults Only Total number of records for Unaccompanied Youth Total number of records for Leavers 0 0 0 Don't Know Missing Data Data Element or Refused _1 First Name 0 0 0• 0 Last Name SSN Date of Blrth -7- 0 0 0 0 Race i 0 0 Ethnicity Gender Veteran Status Disabling Condition Residence Prior to Entry Zip of Last Permanent Address Housing Status (at entry) Income (at entry) o • --i--- 0 0 , . 0 0 . 0 0 0 0 0 0 . .. 0 0 Income (at exit) 0 0 Non -Cash Benefits (at entry) - -2- 0 0 Non -Cash Benefits (at exit) 0 0 ---i -,- - Physical Disability (at entry) - 0 0 Developmental Disability (at entry) Chronic Health Condition (at entry) HIV / AIDS (at entry) Mental Health (at entry) -, Substance Abuse (at entry) 0 0 Domestic Violence (at entry) 0 0 Destination • 0 0 0 0 0 0 0 0 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 Total j Without Children Adults 0 0 Children ; 0 i 0 Don't Know/Refused ! 0 0 Missing Information j 0 ! 0 With Children 1 With Only j Unknown and Adults ? Children HH Type 0 0 i 0 0 0 0 TOTAL 0 o I 0 i o i o 0 Average Number of persons Served Each Night Total Average Number of Persons Without `s With Children With Only Unknown Children L and Adults Children I HH Type 0 Point -in -Time Count of Persons on the Last Wednesday in Without• With Children With Only ! Unknown Total Children and Adults Children HH January 0 0 0 April 0 0 0 July i 0 0 0 October j 0 0 i 0 0 0 0 _.-_-- a 0 9, Households Served During the Operating Year Number of Households Served During the Operating Year Total Without With Children `. . .With Only Unknown • I • Children andAdults Children I HH Type Households 0 0 —1 0 0 0 Point -in -Time Count of Households Served on the Last Wednesday in Total Without With Children i Children I and Adults January s' 0 0 0 April --- '.._..._..-- ,—.,- 0 July i 0 ' 0 1 0 October 0 0 j 0 With Only ( Unknown Children HH Type 0 i 0 0 l 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab B-08-9 Page 1 of 1 v11 Printed: 7/25/2012 11:10:12 AM HUD CDC 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 Total First contacted i First contacted at place not j at non -housing meant for human service site habitation First contacted at housing location First contact place was missing 0 0 0 0 0 ____i___ 0i_ 0 0 0 0 0 . 0 0 0 0• 0 0 • r� - 0 ___ 1 0 0 0 I • 0 0• 0 Number of Persons Engaged by Number of Contacts During the Operating Year First contacted •First contacted Total at place not at non -housing meant for human service site habitation 1 Contact 0 0 ! 0 2-5 Contacts 0 0 0 6-9 Contacts 0 0 0 10+ Contacts 0 0 0 First contacted { First contact at housing i place was location missing 0 , o TOTAL 0 0 0 • 0 0 Rate of Engagement 0• 1 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab C--Q12 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 } With Children Unknown Total l• Without Children and Adults Type HH T e ..... Male :.r....._... .0.._ .... 0 0 0 Female 0 i 0 0 0 Transgendered 0 1 0 0 0 i I Other 0 0 0 0 Don't Know/Refused 0 L_ -- 0 _ 0 0 Information Missing 0 l 0 fi 0 0 Subtotal 0 0 0 0 15b. Gender - Children Gender of Children Number of Children in Households Total With Children With Only Unknown and Adults I Children HH Type Male 0 Female 0 Transgendered 0 Other Don't KnowlRefused 0 Information Missing • Subtotal 0 — — 1-----° _.....— _ -0 o 1 0 0 0 1 0 0 0 0 0 0 0 15c. Gender - Missing Age Gender of Persons Missing Age Information Number of Persons in Households Total Without With Children With Only ' Unknown Children and Adults i Children ; HH Type Male Female i 0 0 — — ` _ -0 — ' 0 •Transgendered 0 � 0 r------- 0 i 0 I 0 Other..... _ — _.... _..__.._. _.—. ._� --- --_. Don't KnowlRefused 0 0 0 0 Information Missing 0 0 0....--._....._ .....0... . Subtotal .0 1 0 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabD -Q 15 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 5-12 0 13- 17 0 18-24 0 J 0 25 - 34 0 0 35-44 0 45 - 54-......._... __.._...:.__1..__ 0 55-61 0 0 Without With Children With Only I Unknown Children and Adults Children HH Type 62+ 0 0 0 Don't Know/Refused 0 j 0 0 0 I 0 0 0 0 Information Missing 0 ' 0 0 0 Age Error (Negative Age or 100+) 0 1 0 0 0 Total 0 I 0 ._ 0 0 0 17a. Ethnicity Ethnicity Number of Persons in Households •Children Total Without With Children and Adults ' With Only Children Unknown HH Type Non-Hispanic/Non-Latino 0 0 0 0 1 - .___..._0._._._ _..... Hispanic/Latino 0 I 0 0 0 0 Don't Know/Refused 0 • • 0 0 0 0 Information Missing 0 1 0 0 0 0 Total 0 j 0 0 1• 0 .. 0 17b. Race Race Number of Persons in Households White Black or African -American Asian Total Without With Children Children and Adults 0 0 0 .0 0 0 0 0 American Indian or Alaska Native 0 • ! 0 Native Hawaiian or Other Pacific Islander 0 0 Multiple Races 1 0 1 0 Don't Know/Refused 0 1 0 With Only Unknown Children HH Type 0 0 0 i 0 0 0 0 �..... 0 0 i 0 0 o Information Missing ; 0 1 0 0 0 0 Total i 0 1 0 0 0 j 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab E-Q16-17 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 Total Without i With Children Children and Adults Mental Illness 0 0 0 Alcohol Abuse 0 0 0 Drug Abuse 0 0 0 • Chronic Health Condition HIV/AIDS and Related Diseases 0 -- 0 0 Developmental Disability 0 0 0 Physical Disability 0 I 0 With Only Unknown Children j HH Type 0 1 0 0 I 0 0 I 0 0 i 0 18b. Physical and Mental Health Known Conditions at Entry Number of Known Conditions Number of Persons { Total Without With Children With Only ! Unknown Children and Adults ! Children 1 HH Type None 0 , 0 0 _ _. i-r---._.___._---___. 0 1 Condition 0 i 0 0 0 10 2 Conditions 0 0 __. 0 _0 t.-_....._ 0 ..... 3+ Conditions Condition Unknown 0 0 .0 0 Don't Know/ Refused i 0 0 0 0 0 Information Missing 0 r 0 0 0 I 0 TOTAL:' 0 l 0 0 0 I 0 19a. Victims of Domestic Violence Past Domestic Violence Experience Number of Adults and Unaccompanied Children in Households Yes Total i Without i Children 0 I 0 No t 0 0 Don't Know/Refused I 0 0 . 0 i 0 TOTAL 0 f 0 Information Missing With Children • With Only I Unknown and Adults Children I HH Type .r. 0 0 0 0 0 o ; 0 0 0 0 19b. When Past Domestic Violence Experience Occurred Number of Adults and Unaccompanied Children in Households Total Without i With Children Children i and Adults Less than 3 Months 0 j 0 i 0 With Only I Unknown Children • HH Type - -- 0..._.------.i_....._-- --GYP._. 3 to 6 Months Ago 0 0 6 to 12 Months Ago i 0 0 _._.. _.o.__..._.___...._.-.o'.._._.....----..__.. More tha a year Ago ! 0 I 0 + 0 _ o _.__..__.._0 ._._. Don't Know/Refused I 0 0 i 0 — pi......- __.o..._.. Information Missing i 0 0 0 0 0 TOTALi 0 ! 0 I 0 .. 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab F-418-19 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 . ! Without With Children 1 With Only 1 Unknown I Children and Adults Children ; HH Type Emergency Shelter y — j 0— 0 0 0 l 0 Transitional housing for homeless persons i 0 0 0 I 0 0 Place not meant for habitation j . 0 1 0 0 0 l 0 Safe Haven 0 j 0 0 0.. __-' TOTAL 0 1 0 .' 0 0 -i-__..,....-0 20a2. Residence Prior to Program Entry - Institutional Settings Residence Prior to Program Entry - Institutional Settings Number of Persons in Households Total Without With Children 1 With Only Unknown Children and Adults 1 Children HH Type Psychiatric hospital or other psychiatric facility 0 0 Substance abuse treatment facility or detox center 0 0 0 0 Hospital (Non -psychiatric) 0 0 _ 0 0 —i Jail, prison , or juvenile detention facility Foster Care TOTAL; 0 0 o. 0 0 i 0 0 p .r 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 Total ' Without With Children With Only 1Unknown Children and Adults Children HH Type PSH for Homeless persons ,0 ' r 0 0 0 0 Owned by Client, no Subsidy -0 i 0 0 Owned by Client, with Subsidy _� 0 1 0 0 Rental by Client, no subsidy 0 0 0 Rental by Client, with VASH Subsidy 0-7 Rental by Client, with other ongoing Subsidy 0 1 0 0 0 0 Hotel/Motel, Paid by Client 0. 0 0 t 0 0 1.._ Staying or Living with Family . 0 1 _ 0 0 0 _. 0 Staying or Living with Friend(s) 0 i 0 • 0 0 0 Other 0 I 0 0 0 0 Don't Know/Refused 0 . 0 0 0 0 Information Missing T 0 T 0 0 — 0 0 TOTAL] 0 0 7 0 0 0 0 0 0 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 Total Without Children ! With A Childand s Chi ren Unknown Adus t Veteran 0 0 1 0 0 . -t-- Not a Veteran I 0 0 ! 0 _ 0 Don't Know/Refused . 0 0 ! 0 0 Information Missing 0 0 I 0 0 Total 0 0 I 0 0 22a1. Physical and Mental Health Condition Types at Exit - Leavers Known Physical and Mental Health Conditions Leavers - Total Number by Type All Persons Adults I Children Unknown Mental Illness 0 0 0. 0 Alcohol -Abuse 0 0 0 _ — 0 Drug Abuse..... _.... ----= a —_-- 0 _-% 0 0 Chronic Health Condition 0 0 0 0 HIV/AIDS and Related Diseases 0 0 i 0 0 Developmental Disability 0 I 0 ! 0 0 Physical Disability 0 ': 0 22a2. Known Physical and Mental Health Condition at Exit - Leavers Number of Known Conditions Leavers - Total Number by Type 0 0 All Persons Adults j Children Unknown None j 0 0 0 0 1 Condition I 0 i 0 I 0 0 2 Conditions41 0 + 0 0 j 0 3+ Conditions i 0 0 i 0 I 0 Condition Unknown 1 0 0 ! 0 0 Don't Know / Refused 0 1— 0 0 0 InformationMissing 0 0 __............... —..........._....._.._...__..._._...._ ......_...._._.... • TOTAL:; 0 0 I 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 HUD CoC APR Annual Performance Report Questions 21-22 22b1. Physical and Mental Health Condition Types at Exit -- Stayers Known Physical and Mental Health Conditions Stayers - Total Number by Type All Persons Adults Children Unknown Mental Illness j 0 i 0 1 0 0 Alcohol Abuse 0 ' 0 0 0 Drug Abuse ' 0 0 0 0 Chronic Health Condition I 0 0 0 0 HIV/AIDS and Related Diseases Developmental Disability Physical Disability • 0 0 0 0 0 0 0 0 • 0 0 22b2. Known Physical and Mental Health Condition at Exit — Stayers Number otKnown Conditions Stayers - Total Number by Type All Persons I Adults J Children i Unknown None 0 [ 0 r 1 0 — — _ .._....:° ......— — 0 1 Condition 0 I 0 I 0 0 2 Conditions 0 ; 0 ] 0 0 3+ Conditions 0 r 0 0 0 Condition Unknown 0 i 0 0 0 Don't Know / Refused 0 1 0 1 0 0 Information Missing 0 i i 0 f 0 R •0 TOTAL:, 0 0 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 CoC APR Annual Performance Report Questions 23-24 23. Client Monthly Cash -Income Amount - Adult Leavers Client Monthly Cash -income Amount Number of Adult Leavers ! ! j Average Income at Income at Less I Same More Unknown 1 Change ($) Program Entry Entry Exit Income at ! Income at Income at Income Monthly Exit I Exit Exit j Change Income per ` l . Adult No Income 0 0 ' $151 - $250 0 0 �! $1 - $150 0 0 j 0 _ 0 • 0 0 t 0 0 0 ! 0 0 i 0 $251 - $500• 0 0 01 0 0 0 I 0 $501 - $750 ! 0 0 0 0 0 0 0 $751-$1,000 0 0 0 0 ! 0 0 0 $1,001 - $1,250 !_ 0 0 0 0 ' 0 0 0 $1,251 - $1,500 ( 0 0 - 0 0 ; 0 0. 0 $1,501- $1,750 '• 0 0 ` 0 0 C 0 0 $1,751 - $2,000 0 0 0 0 0 0 j 0 $2,001 +. 0 0 0 0 0 0 0 Don't Know/Refused i 0 ' ' 0 `` gfi p Missing/No Follow-up 0 0 0 Total 0 j 0 f 0 0 0 0 24. Client Monthly Cash -Income Amount by Entry and Latest Status Client Monthly Cash -Income Amount by Entry and Latest Status Number of Adult Stayers Program Entry No Income ;0 Income at ; Follow-up Entry Total ..-I- $1,751 - $2,000 0 0 i 0 $2,001 + 0 0 0 Don't Know/Refused 0 0 Missing/No Follow-up ! 0 ! 0 Total ! 0 , • 0 $1,501 -$1,750 0 i 0 i 0 0 Less Income at Follow-up Same More Unknown Income at Income at ` . Income Follow-up i Follow-up j Change Average Change ($) Monthly Income per Adult 0 _'krTs?" 0 I 0 0 0 $1-$150.._....__..0 -_ 0- '-- a 0 0 0 0 $151 - $250 0 0 I 0 0 • 0 0 ; 0 $251 -$500_.._._.............______...i. 0 0 . I 0 0 ? 0 0 _ 0_ $501 - $750 0 0 ; 0 0 0 0 r -- 0 $751 - $1,000 0 0 -f— 0 0 0 __-i —._ a ._... . $1,001 - $1,250 0 b 0 0 0 0 , 0 $1,251 - $1,500 _...' 0 0 0 0 ! 0 0 i 0 i. 7 0 0: 0 0 0 0 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab I - Q 23-24 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 1,. Age Unknown Eamed Income 0 0 ,ITT 4 - 0 0 is - Unemployment Insurance . _i, 0 0 0 0 SSI L. 0 0 i 0 0 SSDI 0 0 0 -1-00 Veteran's Disability 0 0 0 - - 0 Private Disability Insurance 0 _ 0 - Worker's Compensation 0 0 0 0 TANF or Equivalent 0, „-- _0_.-�.- 0 -,- 0 General Assistance i 0 0 0 . 0 Retirement (Social Security) 0 0 0 Veteran's Pension I -.-..- -----• • - Pension from Former Job 0 0 Child Support j 0 0 0----------_------_..---.___ 0 __.._. Alimony (Spousal Support) 0 0 I-------_-------...._-.�_-- .....---....... __-.__.._........ ....-._...__: •-.• �� TOTAL!`..,..__._.,--._O_._...__..-..._---_...-_ 0----_--f--•-- 00 0 Other So-urce. - ._... _.......... 0 0 25a2. Cash -Income by Exit Status - Leavers Cash -Income Sources Number of Cash -Income Sources by Number of Persons - Leavers 1 Total Adults Children Age Unknown No Sources I___.-,---____— _.._ __-- �--- .._.-------r--------a-----__ 1+ Source(s) Don't Know! Refused ,i Missing this Information i is 0 0 - i 0 0.._. TOTAL 0 0 I 0 0 • Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabJ-Q25 Page 1 of 2 v11 Printed: 7/25/2012 11:10:12AM 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 ! 0 I 0 •0 __ 0 _ Unemployment Insurance i 0 0 j 0 I — 0 SSI 0 0 1 0 0 SSDI 0 I 0 Total ! Adults Children Age Unknown 0 i 0 Veteran's Disability j 0 0 0 J 0 Private Disability Insurance i 0 I 0 0. I 0 Worker's Compensation i 0 r 0 i 0 i 0 TANF or Equivalent I 0 ! 0 0 0 General Assistance 0 0 0 0 Retirement (Social Security) 0 0 0 0 Veteran's Pension i 0 0 s 0 0 Pension from Former Job Child Support .._.--- 0 _.-.-__-_-. 0 Alimony (Spousal Support) I 0 i 0 i 0 0 Other Source ! 0 ' 0 : 0 0 TOTAL! i 25b2. Cash Income Number of Sources - Stayers Cash -Income Sources Number of Cash -Income Sources by Number of Persons - Stayers Total i Adults No Sources i• 0 € 0 1+ Source(s) , 0 j 0 Don't Know/ Refused ` 0 0 Missing this Information ' 0 0 TOTAL! 0 0 Children I Age Unknown 0 j 0 0 0 i •0 . I 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab J - Q 25 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 I Children Age Unknown Supplemental Nutritional Assistance Program 0 0 0 _..___.�� 0 MEDICAID Health Insurance ; 0 0 I 0 0 MEDICARE Health Insurance i 0 0 f 0 0 State Children's Health Insurance 0 0 0 ,— 0 WIC 0 0 1 0 0 VA Medical Services 0_. _..__.. _......... ..._.........—_!-._._..._ - _._._......_.._0 TANF Transportation Services 0 0 0 0 Other TANF-Funded Services 0 _ 0 0 0 Temporary Rental Assistance i 0 Section 8, Public Housing, Rental Assistance 0 _ - 0 j 0 0 0 0 1 0 Other Source I 0 TOTAL, 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 '!I Children I Age Unknown _.._.._....._..T_._......—__.___.._ .__.._.__....._-------- —_ -•_--. �_ No Sources 0 0 1+ Source(s) J i • 0 0 _ 0 _ _0 ._..._.._._..............._......_..._._...__......___._._..._._............._.-._._....__.._....._�. .__...._.__._. ....- 1... ,----_--- Don't Know / Refused ' . 0 0 0 ..__ 0 Missing this Information 0 TOTAL1 0 0 . I 0 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 i Adults I Children j Age Unknown Supplemental Nutritional Assistance Program 0 0 I 0 0 MEDICAID Health Insurance i 0 i 0 j 0 j 0 MEDICARE Health Insurance 0 I 0 I 0 I 0 State Children's Health Insurance ( 0 0 ^0 i 0. • 0 I 0 WIC.................................................... ............_...... _ ._._..�..__..._.___.0 0 VA Medical Services 0 0 0 I 0 TANF Child Care Services 0 0 0 I 0 TANF Transportation Services 0 0 �! _ __,___0—_ ; 0 Other TANF-Funded Services 0 0 Temporary Rental Assistance . . 0 Section 8, Public Housing, Rental Assistance 0 0 0 J 0 0 0 . 0 IJ 0 Other Source TOTAL; r. 0 0 i 0 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 Total Adults Children Age Unknown No Sources . j 0 0 0 0 1+ Source(s) 0 0 0 0 Don't Know / Refused ,, 0.- 0 0 0 Missing this Information 0 TOTAL 0 0 0 0 0 T 0 0 Bowman Systems 0625 - HUD CoC APR - v11- BETA TabK-Q26. Page 2of2 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 Total Leavers t Stayers Less than 30 days 0 r 0 0 31to60days. - -- - —_ _ 0 0 ( 0 61 to 180 days 0 . 0 i 0 181 to 365 days 0 0 I 0 366 to 730 days (1-2 Yrs) 0 -c . 0 I 0 -o 0 ? 0 - 731 to 1095 days (2-3 Yrs) T - 1096 to 1460 days (3-4 Yrs) 0 0 °- • 0 1461 to 1825 days (4-5 Yrs) • - 0 0 _.w. 0 More than 1825 Days (>5 Yrs) 0• ___ 0 0 Information Missing - 0 0 0 Total 0 0 I 0 Average and Median Length of Participation in Days i Average Length i Median Length -- --- Leavers ,• 0 Stayers i 0 I 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab L-Q27 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 s Without With Children 1 Children and Adults Owned by Client, no Ongoing Subsidy 0 { 0 0 Owned by Client, with Ongoing Subsidy ! 0 i 0 0 0 - 0 Rental by Client, no Ongoing subsidy I 0 1 0 0 0 r- - 0 Rental by Client, with VASH Subsidy 0 i 0 0 0 ,-�r 0 Rental by Client, with other Ongoing Subsidy.._...__._._..__.__.._...10.-_..._.._... _._.._..__0....:.._.__- .•---____-0 .---•--.__-...._......_0 PSH for Homeless Persons j 0 I 0 0 0 — L_ _0 Living with Family, Permanent Tenure 0 0 0 Living with Friends, Permanent Tenure 0 { 0 0 0 0 Subtotal 0 I ' 0 0 0 0 With Only Unknown Children { HH Type 0 ! 0 _ Temporary Destinations Emergency Shelter I 0 { 0 0 TH for Homeless Persons 0 0 Staying with Family, Temporary Tenure 0 i 0 0 Staying with Friends, Temporary Tenure 0 I 0 0 Place Not Meant for Human Habitation 0 1 0 0 Safe Haven 1 0 I 0 Hotel or Motel, Paid by Client 0 j 0 Subtotal I 0 0 0 j 0 0 i 1 0 0 1 0 0 0 0 a - 0 0 0 1 0 Institutional Settings Foster Care 0 0 0 0 0 Psychiatric Facility 0 —J 0 0 0 • 0 Facility I -- 0 — 0 0 0 Hospital (non -Psychiatric) 00 0 0I Jail or Prison 0 Subtotal 0 0 0 0 0 Other Destinations Deceased 0 0 1 I 0 ---o------- I • Don't Know/Refused 1 0 i 0 Information Missing I 0 0 • Subtotal i__-------0.w..--- . ___.........0._....__-I Other 0 0 0 0 0 j 0 0 0 0 0 0 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab M - Q 29 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 Without With Children Children and Adults Owned by Client, no Ongoing Subsidy 0 _ +- 0 0 Owned by. Client, with Ongoing Subsidy 0 0 0 0 0 Rental by Client, no Ongoing subsidy 1 0 0 0 0 0 Rental by Client, with VASH Subsidy 7 0 i 0 0 —0 0I Rental by Client, with other Ongoing Subsidy I 0 0 0 . - 0 I 0 PSH for Homeless Persons ' _—.._......._._..__........,.._.. 0 0 - _Q _..._..-...-_— 0 Living with Family, Permanent Tenure ! 0 0 0 i -�_ 0 j w _ 0 With Only Unknown Children NH Type 0 0 Living with Friends, Permanent Tenure 0 _ -- 0 Subtotal 0 0 0 o. Emergency Shelter TH for Homeless Persons 0 0 , 0 0 ! 0 0 i 0 0 I---0 0 Staying with Family, Temporary Tenure 0; t 1 0 0 0 0 Staying with Friends, Temporary Tenure - 0 . ; 0 0 0 0 Place Not Meant for Human Habitation f 0• 0 0 0 0 Safe Haven - - 1 --- 0 - I -0 0 0 0 Hotel or Motel, Paid by Client . 0 0 0 0 . 0 Subtotal 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) Jailor Prison Subtotal 0 . 0 . 0 0 0 0 - ' 0 0 1- 0 __0 . Other Destinations Deceased 0 . Other 0 Don't Know/Refused 0 . 1 0 Information Missing . 0 0 I 0 Subtotal 0 0 0 0 0 0 - r 0 0 0 Bowman Systems 0625 - HUD CoC APR - v11 - BETA TabM-Q29 Page 2 of 2 v11 Printed: 7/25(2012 11:10:12 AM HUD CoC APR Annual Performance Report Question 36 36a. Permanent Housing Programs Performance Measure 1. Housing Stability Measure 2a, Total Income Measure 2b. Earned Income Measure Exhibit 2 Target # of persons who were expected to accomplish Exhibit 2 I Actual # of Target % of !I person in the persons who ! program for were expected ( whom the to accomplish I measure is this measure i this measure I appropriate Actual # of persons who accomplished this measure Actual % of persons who accomplished this measure fi 0 0 0,00% I 0 0 I 0.00% 0 0 0.00% % Difference between Exhibit 2 Target and Actual Performance 36b. Transitional Housing Programs Performance Measure 1. Housing Stability Measure 2a. Total Income Measure 2b. Earned Income Measure Exhibit 2 Target % of persons who were expected to accomplish Exhibit 2 Target # of persons who were expected to accomplish Actual # of person in the program for whom the measure Is this measure this measure I appropriate 0 0 I 0 Actual # of persons who accomplished • this measure Actual'Y of persons who accomplished this measure 0 0,00% 0 0.00% 0 I 0.00% % Difference between Exhibit 2 Target and Actual Performance 36c. Street Outreach Programs Performance Measure Exhibit 2 i Exhibit 2 Actual # of Target # or Target % of person in the i Actual # of Actual % of persons who persons who program for I persons who persons who were expected were expected whom the ; accomplished accomplished to accomplish ° to accomplish measure is this measure this measure this measure i this measure appropriate 1. Housing Stability Measure .....-____. ___-_...__._�..._.._....._0 0 0.00% 2a. Physical Disability I 0 0 . 0.00% 2b. Developmental Disability 0 0 w___ 0.00% 2c. Chronic Health , 0 0 0.00% 2d. HIV/AIDS 0 0 0.00% 2e, Mental Health 0 0 0.00% 2f. Substance Abuse — 0 0 0.00% % Difference between Exhibit 2 Target and Actual Performance 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 Performance Measure Exhibit 2 Exhibit 2 Target # of Target % of persons who ! persons who were expected were expected to accomplish j to accomplish Actual # of person in the program for whom the measure is this measure this measure i appropriate 1. Housing Stability Measure I • 0 2a. Total Income Measure 1- 0 2b. Earned Income Measure 0 Actual # of Actual % of persons who persons who accomplished accomplished this measure this measure 0 ----------- 0 % Difference between Exhibit 2 Target and Actual Performance 0.00% 0.00% • 0.00% 36e. Safe Haven Programs Performance Measure Exhibit 2 Exhibit 2 I- Actual # of - Target # of Target % of i person In the Actual # of i Actual % of persons who persons who i program for persons who persons who were expected f were expected 1 whom the. accomplished accomplished to accomplish ) to accomplish ( measure Is this measure ; this measure this measure 1 this measure I appropriate• 1. Housing Stability Measure . I 0 0 - 0.00% 2a. Total Income Measure 0 0 ? 0.00% % Difference between Exhibit 2 Target and Actual Performance Bowman Systems 0625 - HUD CoC APR - v11 - BETA Tab N - Q 36 Page 2 of 2 v11 Printed: 7/25/2012 11:10:12 AM 19. Supportive Housing 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 SHIP 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 Caslt Match. Enter the sources of cash identified in the Cash Match column, above, in the following categories. Use additional Amount 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 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 f. 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 IX] 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): 0 I decided to come to this program on my own (through outreach, referral, etc.) 0 I was placed here through another program (court intervention, police, etc.) against my will El I had previously participated in this or a similar program and decided to return OPTIONAL Information: Name: Today's Date: Please answer the following questions about the services you received Mark /X] 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. , Sex: 0 male' 0 female Strongly Agree Agree a Little Disagree A Little Disagree Strongly Disagree I wasinformed 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] I was involved in making decisions about my care/service plan [6] [5] [4] [3] [2] [1] I was able to talk 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 O At discharge ❑ Other: Current Level of Care provided O emergency housing ❑ transitional housing/tx O 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 form. 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 I 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 for me 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. 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 cologne una cruz [X] en el espacio provisto pars responder a las preguntas a continuation. Las respuestas que usted der a este euestionario no lnfluirifn de forma alguna sobre la continuation de su participation en este programa. TODAS (as respuestas se mantendrdn confidencialmente. 1,Por quo decidie usted participar en el 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 policia, etc.) en contra de mi voluntad [ ] Ya habia participado en este programa o en uno similar y decidi regresar Information OPCIONAL: Nombre y apellido: Genero: M [ ] F [ ] Fecha de hoy: Por favor responda a las preguntas siguientes acerca de los servicios que se le han prestado. Indique con una cruz IX] EN UNA SOLA CASILLA POR PREGUNTA la forma en que usted se siente acerca de cada una de las cuestiones descrltas. Como sus respuestas a estaspreguntas nos ayudardn a mejorar los servicios queprestarnos, le rogamos que nos haga saber c6mo se siente en realidad acerca de nuestros servicios, no importa si usted los considers buenos o malos. Muy de neuerdo De acuerdo Algo de acuerdo Algo en desacuerdo En desacuerdo Muy en desacuerdo Se me informaron cu6les eran mis derechos y responsabilidades, entre ellos, los procedimientos de la agenda 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 atenci6n 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 to general se han mantenldo 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 to considero necesario. [6] [5] [4] [3] [2] [1] Aparentemente, la persona encargada de mi caso sabe Io que tiene que hacer para ayudarme. [6] [5] [4] [3] [2] [1] Yo les recomendaria este proyecto a otras personas. [61_ [5] [4] [3] [2] [1] 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 ❑ At Admission ❑ At discharge ❑ Other: Current Level of Care provided ❑ emergency housing ❑ transitional housing/tx ❑ transitional housing/non-tx ❑ permanent housing ❑ services only ATTACHMENT M "Program Rating Satisfaction Survey' Form Provider Name: Project Name: Staff Initials: PROGRAM RATING OF SATISFACTION PWOGRAM POU EVALYE SATISFAKSYON Section I. TOUT PATISIPAN NAN PWOGRAM SILA A FET POU RANPLI PAJ SA A Enstriksyon: Tanpri reponn clink keksyon anba la a epi f i3 you ti kwa jxJ nan espas ki vid la. Repons nou bay yo pap deranje ftrson nap kontinve patisipe nan pwoQrarn sila a. Tout repons yo ap sekre. POUKI W CHWAZI PATISIPE NAN PWOGRAM SILA A (fe yon ti kwa nan yon grenn bwat): [) n [] Se mwen Id chwazi vinn nan pwogram sila a (swa pa referans, swa pa sevis espesyal asistans piblik etc.) Se pa chwa mwen, se yon lot pwogram ki voyem (zak tribinal, lapolis etc) Mwen te deja patisipe nan yon pwogram konsa epi mwen deside`retounnen. Enfomasyon pou bay si w vie: Non: Dat Jodya: Seks [] Gason [] Fennt Tanpri reponn keksyon sila yo dapre sevis w resevwa. Fe you kwa jxJ nan yon sel ti kare epi cliwazi repons ki plis matclte ave w . Keksyon sila yo la you ede nou bay pi bon sevis, ale nou rnande nou bay repons ki plis matche ave w, Bon jan dakd Doke tou piti Pa finn two dakd Pa dal(?) Pa dakd dltou Yo fem konnen tout dwa mwen yo ak responsabilite mwen yo ak kouman you mwen plenyen nan ajans la [6] [5] [4] [3] [2] [1] Yo te banmwen enfomasyon sou diferan sevis ke mwen kabjwenn [6] [5] [4] [3] [2] [1] Mwen te patisipe nan tout desizyon sou planifikasyon 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] Kote a ak bilding yo te toujou byen pwep, konfdtab ak bon sekirite [6] [5] [4] [3] [2] [1] Tout dwa m te respekte ak pwoteje menm dwa m pou mwen te pote plent si nesese [6] [5] [4] . [3] [2] [1] Moun kap okipe Ica mwen an sanble li kalifye pou li edem - [6] [5] [4] [3] [2) [1] Mwen to rekomande pwogram sila a bay lot 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. II.: 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 MIIAA MM I.E INCIDENT REPORT IDENTIFYING INFORMATION Reporting Party Phone # Reporting Party Name Contract Provider Name Program Name Provider Location Date of Incident / / Time of Incident _ am/pm Specific Program: (check all that apply) ❑ Miami -Dade County HT ❑ Primary Care ❑ CoC Program 0 Emergency 0 Challenge Specific location/ address where incident occurred: TYPE OF INCIDENT ❑ ALTERCATION ❑ CLIENT INJURY OR ILLNESS ❑ SEXUAL BATTERY ❑ PROPERTY DAMAGE ❑ CLIENT DEATH ❑ THEFT ❑ SUICIDEATTEMPT ❑ OTHER INCIDENT Specify PARTICIPANT (S)1 WITNESS (ES) (Please mark W or P for either Witness or Participant) LAST NAME, FIRST IDENTIFIER # CLIENT EMPLOYEE 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 MIAMI'OAI COUNTY CORRECTIVE ACTION AND FOLLOW UP Immediate corrective action taken Is follow up action needed? Yes ❑ 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,,Mianu, 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 Injury or Illness, A medical condition of a client requiring medical treatment by a licensed healthcare 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. f. 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 2 of 2 MIAAMMFDADE c..re'..r.,.�.,,• e Real Property and Equipment Asset Inventory P Y 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 of Acquisition: 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 Tide? 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) ATTACHI 7— fa Miami -Dade County Homeless Trust "Real Property and Equipment Asset Inventory United State, Department of Housing and Urban Development 24 CFR Part 578 RENTAL ASSISTANCE ATTACHMENT P "Rental Assistance" if applicable)