Signed FY 2013 Continuum of Care (CoC) Program Homeless Assistance Grant MIAMI-!
FY 2013 Continuum of Care (CoC) Program
Homeless Assistance Grant
United States Department of Housing and Urban Development
(US HUD)
Recipient: Miami-Dade County through
Miami-Dade County Homeless Trust
Grant #: FLO177L4DO01306
Subrecipient: The City ®f Miami Beach, Florida
Program Name: The City Of Miami Beach Outreach
1
INDEX
Cover page---page 1
Index---page 2
Index of Attachments---page 3
Blank Page---page 4
Whereas and preamble---page 5
1. Statement of Work
a. Activities---page 5
b. Time Schedule---page 6
c. Budget---page 6,7
2. Records and Reports
a. Financial Management---page 7,8
b. Records and Access to Records---page 8,9
c. Public Records---page 9, 10
d. Reports---page 10, 11
3. Special and General Conditions
a. Staff Responsibility---page 11
b. Client Referral Process---page 11, 12
c. Documents to facilitate the Reimbursement of services---page 12
d. Performance Improvement Plans---page 12
e. General Conditions
i. Insurance---page 12, 13
ii. Indemnification---page 13
Conflict of Interest---page 13, 14
Affidavits---page 14
f. Civil Rights---page 14, 15
Additional rules and agreements---page 16
4. Suspension and Termination
a. Suspension---page 17
b. Termination---page 17, 18, 19
5. Future Funding Applications---page 19
6. Reversion of Assets
a. Term of Commitment---page 19,20
Repayment of Grant---page 20
b. Prevention of Undue Benefit---page 20
c. Revocation of License or Permit---page 20,21
d. Declaration of Restrictive Covenant and Declaration of Restrictions---page 21
7. Uniform Administrative Requirements
a. Accounting Standards,Costs Principles and Regulations---page 21,22
b. Retention of Records---page 22
8. Additional Requirements
Items a through ee---pages 22 through 30
9. Religious Organizations---page 30
10. Health Insurance Portability and Accountability Act(HIPAA)---page 30,31
11. Proof of Licensure/Certification and Background Screening
a. Licensure/Certification---page 31
b. Background Screening---page 32
Signature---page 33
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CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach OLttreach Page 2
INDEX OF ATTACHMENTS
Attachment A — FY 2013 US HUD Grant Renewal and 24 CFR part 578
Attachment B — eSnaps Application and Scope of Service
Attachment C.- Form W-9 Request for Taxpayer
Attachment D — State of Florida"Public Entity Crimes" Sworn Statement
Attachment E - Miami-Dade County Required Affidavits
Attachment F — Miami-Dade County Lobbyist Registration form
Attachment G — Miami-Dade County Subcontractor/ Supplier Listing
Attachment H — HUD form LOCCS/VRS Request Voucher for Grant Payment
Attachment I - "Invoice and Match Compliance Report" forms
Attachment j — "Program Income, Rent or Occupancy Charge" form
Attachment K- "Employee Certification for Governmental Entities Only" form
Attachment L — "Performance Reports (Monthly and Annual) HMIS and Fiscal" report
Attachment M — "CoC Homeless Assistance Program Guidelines" form
Attachment N — "Incident Report" form
Attachment O — "Real Property&Equipment Asset Inventory" form
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Attachment P — "Rental Assistance" forms (if applicable)
Attachment Q — "Affidavit" Resolution No. 630-13
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 3
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CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 4
Agreement between Miami-Dade County and
The City of Miami Beach, Florida
For the FY 2013 CoC Homeless Assistance Grant#FL0177L4D001306
The City of Miami Beach Outreach
THIS AGREEMENT, entered this da Y of 44� 201 b and
Y
between Miami-Dade County, on behalf of its Homeless Trust (hereinafter called the
"Recipient" and"Grantee"),and The City of Miami Beach, Florida, (hereinafter referred to
as the "Subrecipient") under this Agreement.
WHEREAS, the Homeless Emergency Assistance and Rapid Transition to Housing Act of
2009 (HEARTH Act) amended the McKinney-Vento Homeless Assistance Act, consolidating
the three (3) separate reauthorized McKinney-Vento Homeless Assistance Program
(Supportive Housing Program), Shelter Plus Care Program, and Section 8 Moderate
Rehabilitation SRO Program into a single grant program known as the Continuum of Care
(CoC) Program.
WHEREAS, the Grantee has applied for and received funds from the United States
Department of Housing and Urban Development (US HUD) under the McKinney-Vento
Homeless Assistance Act as amended by The HEARTH Act of 2009 (42 U.S.C. 11381, et.
al.).
WHEREAS, the Grantee agrees to comply with all requirements of this Agreement and to
accept responsibility for such compliance by the Subrecipient to which it makes grant
funds available; and
NOW,THEREFORE, it is agreed between the parties hereto that;
1. Statement of Work
a. Activities - The Subrecipient shall adhere to the "US HUD FY 2013 CoC Program
Grant Agreement (also referred to as Exhibit 2 Scope of Work for FY2O13
Competition)" Attachment A, which is incorporated herein and governed by the
Continuum of Care (CoC) Program rules and regulations, including 24 CFR Part
578, the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381-11389) (the
"Act"), as may be amended, the Consolidated and Further Continuing
Appropriations Act of 2013 and 2014 as well as with any applicable guidance,
requirements and directives provided by US HUD. The Subrecipient shall carry out
the activities specified in the "eSnaps Application"Attachment B including Scope
of Service, Housing Type and Scale, Household details with and without children,
Performance Objectives and any applicable project milestones as well as the Budget.
The Subrecipient shall also adhere to the Standards of Housing and Services as set
forth in the "Miami-Dade County Homeless Trust Standards of Care", as may be
amended from time to time and incorporated herein by reference. The Subrecipient
shall adhere to all applicable Federal, state and local laws, regulations, rules and
standards,as well as with the terms of this Agreement including all attachments.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page-5
b. Time Schedule - The Grantee and the Subrecipient agree that this Agreement shall
become effective on June 1.2014.
This Agreement shall expire on May 31,2015,one (1)year from the effective date.
Any cost incurred by the Subrecipient beyond this date will not be paid by the
Grantee, except as specifically provided herein. Notwithstanding any provision
herein to the contrary, certain requirements imposed on the Subrecipient by this
Agreement and Federal regulations may continue for a term of at least fifteen (15)
years from the date of initial occupancy or service, as provided in this
Agreement or as specified by law or regulation. The requirements of this
Agreement shall remain in effect during any time period that the Subrecipient has
control over any funds generated or provided in connection with this Agreement,
including program income.
c. Budget - The Grantee agrees, subject to the availability of funds and payment of
funds to the Grantee by the United States Department of Housing and Urban
Development and subject to the Subrecipient's compliance with all applicable laws
and agreement terms as determined by the Grantee, to pay for contracted activities
according to the terms and conditions contained within this Agreement,
Subrecipient's application for the CoC Homeless Assistance Program, and the
Subrecipients NOFA application documents as Project Sponsor and "eSnaps
Application" including the Budget incorporated herein as Attachment 13, in an
amount not to exceed $0.00 for Rental Assistance, $0.00 for Leasing, $60,946.00
for Supportive Services, $0.00 for Operations and $4,266.00 for overall project
administration costs for a total budget of $65.212.00.
Pursuant to 24 CFR 578.59,the Grantee shall retain 50% of the overall project
administration costs, except where limitations are imposed as may be
applicable pursuant to 42 USC§ 11383 (a).
If applicable, the Subrecipient shall be reimbursed for capital funding on an
incremental basis, based on the following completion benchmarks: 30%, 30%,
30% and 10% to be provided when a final Certificate of Occupancy is obtained
from the developer, in accordance with any applicable laws and regulations. All
other activities shall be paid on a reimbursement basis following the submission of a
monthly invoice along with the appropriate supporting documentation.
In accordance with federal requirements including 24 CFR Part 578.73, the
Subrecipient agrees to provide match funds in an amount that represents no less
than twenty-five percent (25%) cash or in-kind contributions on all eligible grant
funds, except leasing. If in-kind services provided through a third party are used to
fulfill part of the match, a reviewed Memorandum of Understanding (MOU)
between the Subrecipient and the third party that will provide the services must be
submitted and approved by the Grantee.
The budget figures above represent the original line item totals as delineated in the
"US HUD Grant Agreement"Attachment A.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page.6
The Subrecipient may propose to shift funds by less than 10% between eligible
categories in the "eSnaps Application,"Attachment B, if the appropriate match is
provided, the administrative costs are not increased and the proposed shift is
submitted in writing for the Grantee's consideration. The Grantee may, but is not
required to,approve the proposed shift. Any approval must be in writing.
As such, if Attachment B is modified as described above, the figures within the
"eSnaps Application" may not match the contracted figures delineated in the "US
HUD Grant Agreement." Notwithstanding the above, significant changes of
greater than 10% from one approved eligible category to another as delineated in
the "US HUD Grant Agreement" shall require the Grantee's written approval, as
well as formal budget approval and an amendment to the "US HUD Grant
Agreement'between the Grantee and US HUD.
The Subrecipient shall provide seven hundred (700) outreach contacts and at
least three hundred fifty-five (355) CoC Homeless Assistance placements of
homeless families and individuals. This program office is located at 1700
Convention Center Drive, Miami Beach, Florida. The main service office is located in
Miami-Dade County, Florida. The Subrecipient shall provide services as outlined in
the Attachments to this Agreement as well as in the US HUD FY 2013 CoC Program
Homeless Assistance Program Competition as submitted in the project application,
incorporated herein by reference.
Availability of funds shall be determined in the Grantee's sole discretion.
Pursuant to Board of Miami-Dade County Commissioners Resolution 630-13, the
Subrecipient will also submit a detailed project budget, and sources and uses
statement as within "eSnaps Application", -Attachment B, which shall be
sufficiently detailed to show:
L The total project cost;
ii. The amount of funds to be used for administrative and overhea4costs;
iii. Whether the funds under this Agreement will be `gap' funds meaning that
they would be the last remaining funds needed to ensure funding for the
total project costs;
iv. Any profit to be made by the Subrecipient; and
v. The amount of funds devoted toward the provision of the desired services or
activities.
2. Records and Reports
a. Financial Management - The Grantee and the Subrecipient shall adhere to the
requirements for financial reporting as stated in 24 CFR Part 85.41.
Requests for payment shall be submitted to the Grantee by the fifteenth (15th) of
the month in the following manner. All requests shall include supporting
documentation for each line item, including payroll reports, time sheets, invoices,
leasing agreements and shall be signed by the Executive Director, Financial Officer
or other duly authorized fiscal agent of the Subrecipient in the forms incorporated
herein as "LOCCS / VRS Request Voucher for Grant Payment", Attachment H;
"Invoice and Match Compliance Report"forms,Attachment 1.
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 7
Reimbursement shall be provided only for eligible costs associated with the
activities outlined in the budget contained within the "eSnaps Application"
Attachment B.
Any reimbursement may be withheld or reduced by the Grantee if missing receipt of
documents verifying the in-kind or cash match expenditures or compliance
requirements are not met. Cash match or in-kind contributions must be used for the
costs of activities that are eligible in the governing regulations.
Any reimbursement may be withheld pending the receipt of approval by the Grantee
of all reports and documents required herein, including but not limited to the
submission of an accurate and complete Annual Performance Report(APR).
In no event shall the Grantee funds be advanced to any of the Subrecipient's
subcontractors hereunder.
The parties agree that the Subrecipient may request a revision, amendment, or
modification of the schedule of payments or line item budget. However, such
revisions, amendments or modifications shall be, in writing and subject to review
and approval by the Grantee and, if applicable, by US HUD. If there is a request to
shift greater than 10% of funds between funding activities, such requests shall be
submitted to the Grantee no later than one hundred twenty(120) calendar days
prior to the expiration of the grant. If the request is a shift of less than 10%of funds
between funding activities, a modification or revision, shall be submitted to the
Grantee no later than fifty (50) calendar days prior to the expiration of the grant.
Failure to submit the appropriate supporting documentation in a timely manner
may result in the inability of the Grantee to revise,amend or modify the budget.
A final request for reimbursement from the Subrecipient will be accepted by the
Grantee up to thirty(30) days after the expiration of this Agreement. If the
Subrecipient fails to comply, all rights to payments will be forfeited if the Grantee so
chooses.
A final report of expenditures shall be submitted to the Grantee within thirty (30)
calendar days from the termination or expiration of this Agreement. If after the
receipt of such final report, the Grantee determines that the Subrecipient has been
paid funds not in compliance with the Agreement, and to which the Subrecipient is
not entitled,the Subrecipient shall be required to return such funds. However, if the
Subrecipient submits documentation demonstrating that the expenditure was in
compliance with this Agreement to the satisfaction of the Grantee, the funds shall
not have to be returned. The Grantee shall have the sole and absolute discretion to
determine if the Subrecipient is entitled to such funds and the decision of the
Grantee in this matter shall be final and binding.
b. Records and Access to Records - Agreement records are defined as any and all
books, records, client files (including client progress reports, referral forms, case
notes and other reports or work product), documents, information, data, papers,
letters, materials, electronic storage data and media whether written, printed,
electronic or electrical, however collected or preserved which is or was produced,
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 8
developed, maintained, completed, received, or compiled by or at the direction of
the Subrecipient or any subcontractor directly or indirectly related to the duties and
obligations required by terms of this Agreement, including but not limited to
financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic
tapes,computer drives,flash drives and diskettes or surveys.
The Subrecipient shall maintain Agreement records that document all actions to
comply with and that relate to this Agreement, including those on race, ethnicity,
gender, disability and homeless status data; and those in accordance with generally
accepted accounting principles, procedures, and practices as required in Circular
OMB-122 which shall sufficiently and properly reflect all revenues and expenditures
of funds provided directly or indirectly by the Grantee pursuant to the terms of this
Agreement which shall include but not limited to a cash receipt journal, cash
disbursements journal, general ledger, and all such subsidiary ledgers as may be
reasonably necessary.
The Subrecipient shall provide to the Grantee, upon request by the Grantee, all
Agreement records. The requested Agreement records shall become the property
of the Grantee without restriction,-reservation,or limitation of their use and shall be
made available by the Subrecipient at any time upon request by the Grantee. The
Grantee shall have unlimited rights to all books, articles, or other copyrightable
materials developed in the performance of this Agreement. These unlimited rights
include the rights of royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and to authorize others to use the work for
public purposes.
The Subrecipient shall ensure that the Agreement records shall at all times be
subject to and available for full access and review, inspection, or audit by Grantee
and Federal personnel and any other persons so authorized by the Grantee.
The Subrecipient shall include in all the Grantee approved subcontracts, language
outlining eligible substantive programmatic services, recordkeeping and audit
requirements as detailed in this Agreement. This includes all subcontractors
eligible to carry out substantive programmatic services as detailed in this
Agreement. The Grantee shall, in its sole and absolute discretion, determine when
services are eligible substantive programmatic services and subject to the audit and
recordkeeping requirements described in this Agreement. These records shall be
maintained pursuant to this Agreement.
If the Subrecipient received funds from or is under regulatory control of other
governmental agencies, and those agencies issue monitoring reports, regulatory
examinations, or other similar reports, then the Subrecipient shall provide to the
Grantee a copy of each report and any follow-up communications and reports
immediately upon such issuance unless such disclosure is a violation of those
agencies'rules.
c. Public Records - As may be applicable, pursuant to §119.0701, Florida Statutes,
Subrecipient shall keep and maintain public records that ordinarily and necessarily
would be required by the Grantee in order to perform the service,provide the public
with access to public records on the same terms and conditions that the Grantee
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 9
would provide the records and at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes, or as otherwise provided by law, ensure that public
records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law, and meet all
requirements fdr retaining public records and transfer, at no cost, to the Grantee all
public records in possession of the Subrecipient upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored
electronically must be provided to the Grantee in a format that is compatible with
the information technology systems of the Grantee.
d. Reports -The Subrecipient shall submit to the Grantee the reports described below
or any other document in whatsoever form, manner, or frequency as may be
requested by the Grantee. These reports will be used for monitoring the progress,
performance,and compliance with applicable Grantee and Federal requirements.
i. Progress Reports - The Subrecipient shall submit a "Homeless Management
Information System (HMIS) generated "Performance Report", Attachment L,
along with a summary and the forms attached hereto as "Program Income,
Rent or Occupancy Charge" Attachment J. These reports may be revised by
the Grantee,and which shall describe the progress made by the Subrecipient in
achieving each of the objectives identified in"eSnaps Application"Attachment
B. The reports shall explain the Subrecipient's progress including comparison of
actual versus planned progress for the period. The reports are due by the
fifteenth (15th) daX of the following month. The request for reimbursement,
are also due by the fifteenth (15th) day following the close of the prior month.
Subrecipients that are Domestic Violence Programs shall participate in a HMIS-
equivalent system. Such Subrecipients shall provide proof to the Grantee of the
utilization of an alternative system to compile all required data for the
Performance Report.
ii. Annual Performance Report - The Subrecipient shall submit a HMIS generated
"US HUD CoC Annual Performance Report (0625-HUD-CoC-APR)"
Attachment L, in addition to a complete and accurate report using excerpts of
"eSnaps CoC APR Guidebook Financial Questions" Attachment L. The
complete and accurate APR is due to the Grantee no later than thirty(30) days
after the end of each operating year. The above referenced report may be
substituted for any other US HUD required Report if approved by US HUD.
iii. A Program Rating and Satisfaction Survey Report shall be conducted and
retained by the Subrecipient in a separate file and available for review and
monitoring or as requested by the Grantee. The above Program Rating and
Satisfaction Survey forms, included herein by reference only may be substituted
or updated by the Grantee with a comparable satisfaction survey.
iv. A "CoC Homeless Assistance Program Guidelines" Attachment M shall be
completed and retained by the Subrecipient. This report must be available upon
request during any site visit or comprehensive monitoring or inspection as
requested by the Grantee. This report is an informational guideline to assist in
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 10
compliance to the CoC Homeless Assistance Program policies; procedures and
requirements and regulations.
q g
v. Audit Reports - The Subrecipient shall provide to the Grantee two (2) copies of
an annual certified public accountant's opinion and related financial statements
on the organization no later than one hundred-eighty (180) calendar days
following the end of the Subrecipient's fiscal year, for each year during which
this Agreement remains in force or until all funds earned from this Agreement
have been so audited, whichever is later, provided that the Subrecipient has
such an opinion prepared.
vi. Annual Assurance Reports -The Subrecipient who receives assistance for rental
assistance, leasing, operating costs, supportive services and or project
administration costs must provide an "Annual Assurance Report" for each
year the assistance is received assuring that the project will be operated for the
purpose specified in the application.
vii. Incident Reports - The Subrecipient must report to Miami-Dade County
Homeless Trust information related to any critical incidents occurring during
the administration of its programs, using form "Incident Report" Attachment
N. Such notification shall occur,within twenty-four(24) hours of the incident
occurring. In addition, the Subrecipient shall report this incident to the
appropriate authorities as well as submit in writing a detailed account of the
incident. This Incident Report should be addressed to Miami-Dade County
Homeless Trust's Disaster Coordinator, as well as the Subrecipient's assigned
Contract Officer and addressed to Miami-Dade County Homeless Trust, Suite
310, 27th Floor, 111 NW First Street, Miami, Florida, 33128; (305) 375-1490 and
facsimile (305) 375-2722.
viii.The COOP Report - The Subrecipient shall submit a Continuity of Operations
Plan, also known as an Agency Wide and Program Specific Disaster Plan in PDF
format and emailed as an attachment to Miami-Dade County Homeless Trust's
Disaster Coordinator and an original paper copy submitted no later than April
1St of each operating year.
ix. Employee Certification Report - FOR GOVERNMENT ENTITITES ONLY - The
Subrecipient that is a governmental entity shall submit certifications for those
employees working solely on a particular program Agreement. The certification
must be signed by the employee and supervisor and conform to OMB Circular A-
87 Attachment B (h) (3). A completed "Employee Certification for
Government Entities ONLY Form" Attachment K must be submitted in
January and July (semi-annually) of each operating year within the
reimbursement request documentation.
3. Special and General Conditions-
a. Staff Responsibility - The Subrecipient's staff members providing eligible services
under this Agreement are listed in the budget section of the "eSnaps Application
Attachment B.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 11
b. The Subrecipient shall follow the client referral process in the Scope of Service
contained within the "eSnaps Application" Attachment B. The client referral
process may be amended by the Grantee to meet changing priorities of the
Continuum of Care. All referrals shall be made to the Subrecipient and accepted by
the Subrecipient through the established HMIS system.
c. The Subrecipient shall provide any documentation necessary, such as the "W-9
Form"Attachment C,to facilitate the reimbursement of services.
d. The Subrecipient may be subject to a Performance Improvement Plan(PIP) at the
discretion of the Grantee.
e. General Conditions -The Subrecipient shall comply with all applicable federal, state
and local laws, regulations and required policies, including but not limited to 24
CFR Part 578, as may be amended from time to time, 24 CFR Part 583, as may be
amended from time to time, the McKinney-Vento Homeless Assistance Act, as
may be amended from time to time (42 U.S.C. 11381-11389) (the "Act") the
Consolidated and Further Continuing Appropriations Acts of 2012 and of
2013, the "US HUD Program Grant Agreement' Attachment A and all other
Federal requirements of this grant. The responsibility for knowledge of and
compliance with all Federal and any other legal requirements is that of the
Subrecipient. The Subrecipient shall also comply with any guidance provided by US
HUD regarding this Agreement, program and the services offered hereunder,as well
as with any guidance provided by US HUD applicable to this Agreement, program
and the services offered hereunder.
The Subrecipient shall abide and be governed by the requirements of the Americans
with Disabilities Act (ADA). Subrecipient shall designate with its organization an
ADA Coordinator to ensure that all requirements of the ADA and any related
applicable regulations and requirements are met by the Subrecipient.
In addition,the Subrecipient agrees to comply with the following requirements.
i. Insurance - If the Subrecipient is the State of Florida or an agency or political
subdivision of the State as defined by Section 768.28, Florida Statutes, the
Subrecipient shall furnish the Grantee, upon request, written verification of
liability protection in accordance with Section 768.28, Florida Statutes. The
written verification shall be submitted to Miami-Dade County Risk Management,
Internal Services Division, located on the 23rd Floor, 111 NW First Street, Miami,
Florida 33128. Nothing herein shall be construed to extend any party's liability
beyond that provided in Section 768.28, Florida Statutes. If the Subrecipient is a
non-governmental entity said Subrecipient shall maintain required liability
insurance coverage as noted below during this contract period.
The Subrecipient shall maintain required liability insurance coverage as noted
below at all times during this contract period.
Public Liability Insurance on a comprehensive basis in an amount not less than
$300,000 combined single limit for bodily injury and property damage. The
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 12
Grantee must be shown as an additional insured with respect to this coverage, as
evidenced by a Certificate of Insurance.
i
Automobile Liability Insurance coverage for all owned, non-owned and hired
vehicles used in connection with this Agreement in an amount not less than
$300,000 combined single limit for bodily injury and property damage.
Workers' Compensation Insurance for all employees of the Subrecipient as
required by Florida Statutes 440.
Flood Insurance shall be maintained as per the requirements in 24 CFR Part
583.330(a).
The insurance coverage required shall include these classifications, listed in
standard liability insurance manuals, which most nearly reflect the operations of
the Subrecipient. All insurance policies required above shall be issued by
companies authorized to do business under the laws of the state of Florida, with
the following qualifications:
The company must be rated no less than "B" as to management, and no less than
"Class V" as to financial strength by the latest edition of Best's Insurance Guide,
published by A.M. Best Company,Oldwick, New Jersey,or its equivalent,subject to
the approval of Miami-Dade County Risk Management Division.
Or
Compliance with the foregoing requirements shall not relieve the Subrecipient of
its liability and obligations under this section or under any other section of this
Agreement.
No modification or waiver of any of the aforementioned insurance requirements
shall be made without thirty (30) days written advance notice to the Grantee,and
is subject to the approval of Miami-Dade County Internal Services Risk
Management Division.
ii. Indemnification-The Subrecipient shall indemnify and hold harmless the Grantee
and its past, present, and future employees and agents from and against any and
all claims, liabilities, losses, and causes of action which may arise out of or relate
to this Agreement, or which may arise out of actions or negligence, in whole or in
part, of the Subrecipient, its officers, agents, employees, or assignees in the direct
or indirect fulfillment of this Agreement. The Subrecipient shall pay all claims and
losses of any nature in connection therewith, and shall defend all suits, in the
name of the Grantee when applicable,and shall pay all costs and judgments which
may issue thereon. It is expressly understood and intended that the Subrecipient
is an independent contractor and is not an employee or agent of the Grantee. .
Conflicts of Interest - The Subrecipient shall disclose to the Grantee in writing any
possible or actual conflicts of interest or apparent improprieties relating to the
Subrecipient under this Agreement. The Subrecipient shall make each disclosure in
writing to the Grantee immediately upon the Subrecipient's discovery of such
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 13
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possible conflict. The Grantee will then render an opinion which shall be binding on
all parties.
Affidavits - The Subrecipient shall complete, notarize and provide one (1) original
set, and two (2) copies of all Affidavits outlined below. One (1) original set of
Affidavits will remain on file with Miami-Dade County Clerk of the Board.
1. Miami-Dade County Ownership Disclosure Affidavit (Section 2-8.1 of
Miami-Dade County Code"County Code"). Attachment E
2. Miami-Dade County Affidavit pursuant to Board of Miami-Dade
County commissioners Resolution 630-13.Attachment Q
3. Miami-Dade County Employment Disclosure Affidavit (County
Ordinance 90-133,Amending Section 2-8.1; Subsection (d) (2) of the
County Code).Attachment E
4. Miami-Dade County Affirmative Action / Non-Discrimination of
Employment, Promotion and Procurement Practices (County
Ordinance 98-30 codified at 2-8.1.5 of the County Code).
Attachment E
5. Miami-Dade County Criminal Record Affidavit (Section 2-8.6 of the
County Code).Attachment E
6. Miami-Dade County Employment Drug Free Workplace Affidavit
(County Ordinance 92-15 codified as Section 2-8.1.2 of the County
Code).Attachment E
7. Miami-Dade Employment Family Leave Affidavit (County Ordinance
142-9 codified as Section 11A-29 et. seq of the County Code).
Attachment E
8. Miami-Dade County Disability Non-Discrimination Affidavit (County
Resolution R-385-95). Attachment E
9. Miami-Dade County Regarding Delinquent and Currently Due Fees or
Taxes (Section 2-8.1(c) of the County Code). Attachment E
10. Miami-Dade County Current on all County Contracts, Loans and
Other Obligations. (County Ordinance 99-162).Attachment E
11. Miami-Dade County Domestic Violence Leave (11A-60 et.seq of the
County Code).Attachment E
12. Sworn Statement Pursuant to §287.133(3)(a) Florida Statutes on
Public Entity Crimes,Attachment D
13. Affidavit of Miami-Dade County Lobbyist Registration for Oral
Presentation (County Ordinance Section 2-11.1(s) of the County
Code),Attachment F. Lobbyist specifically includes the principal,as
well as any agent, officer, or employee of a principal, regardless of
whether such lobbying activities fall within the normal scope of
employment of such agent,officer or employee.
The Subrecipient understands that the Grantee has relied on the Subrecipient's
aforementioned representations in entering into this Agreement.
f. Civil Rights-The Subrecipient agrees to abide by Chapter 11A of the Code of Miami-
Dade County ("County Code"), as may be amended, which prohibits discrimination
in employment,housing and public accommodations.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 14
Where applicable the Subrecipient agrees to abide and be governed by Title VI and
VII, Civil Rights Act of 1964 (42 U.S.C. 2000 et.seq.) and Title VIII of the Civil Rights
Act of 1968,as amended,and Executive Order 11063,as may be amended,as well as
with any applicable regulations, which provide in part that there will be no
discrimination of race,color,gender/sex, religious background,ancestry or national
origin in performance of this Agreement,in regard to persons served,or in regard to
employees or applicants for employment r housing. It is expressly understood that
upon receipt of evidence of such discrimi ation, the Grantee shall have the right to
terminate said Agreement. Initials here
It is further understood that the Subrec i nt must submit affidavits attesting that it
is not in violation of the American with isabilities Act, the Rehabilitation Act, the
Federal Transit Act, (49 U.S.C. 1612), and the Fair Housing Act, (42 U.S.C. 3601
et.seq.), as may be amended, as well as with any applicable regulations. If the
Subrecipient or any owner, subsidiary, or other firm affiliated with or related to the
Subrecipient is found by the responsible enforcement agency,the Courts or Grantee
to be in violation of these Acts, the Grantee shall conduct no further business with
the Subrecipient. Any contract entered into based upon a false affidavit shall be
voidable by the Grantee. If the Subrecipient violates any of the Acts during the term
of any contract the Subrecipient has with iami-Dade County,such contract shall be
voidable by the Grantee,even if the Subre 'ent was riot in violation at the time the
affidavit(s)were submitted. Initials her
The Subrecipient agrees that it is in co lance with the Domestic Violence Leave,
codified as (Article 8, Section 11A-60 et.seq. of the County Code), as may be
amended, which requires an employer, who in the regular course of business and
has fifty (50) or more employees working in Miami-Dade County for each working
day during each of the twenty (20) or more calendar work weeks to provide
domestic violence leave to its employees. Failure to comply wi this local law may
Y
be grounds for voiding or terminating this Agreement or fo commencement of
debarment proceedings against the Subrecipient. Initials her
The Subrecipient agrees to abide and be governed b the A iscrimination Act of
p g g Y g
1975, (42 U.S.C. 6101 et slasfpended,implementing regulations at 24 CFR Part 146),as
may be amended, as well any applicable regulations,which provides in part
that there shall be no diation against persons in any area of employment
because of age.Initials hThe Subrecipient agrees de and be government by Section 504 of the
Rehabilitation Act of 197 (29 U.S.C. 794,et.seq.),as may be amended,
as well as with any applicable a ulations, which prohibits discrimination on the
basis of handicap. Initials her
The Subrecipient agrees to a i e a d be governed by the requirements of the
Americans with Disability.Act DA as may be amended, as well as with any
applicable regulations. Initials her
Pursuant to 24 CFR 578.23,Subreci ie hereby certifies and agrees that:
CoC Grant#171,01771,4D001306,City of Miami Beach, City of Miami Beach Outreach Page 15
i. Subrecipient will maintain the confidentiality of records pertaining to any
individual or family that was provided family violence prevention or
treatment services through the project/program;
ii. The address or location of any family violence project / program assisted
under this part will not be made public, except with written authorization
of the person responsible for the operation of such program and in
accordance with any applicable state and local laws that prohibit
disclosure of information relating to domestic violence centers;
iii. Subrecipient will-establish policies and practices that are consistent with,
and do not restrict the exercise of rights provided by Subtitle B of Title VII
of the McKinney-Vento Homeless Assistance Act, as amended, and other
laws relating to the provision of educational and related services to
individuals and families experiencing homelessness;
iv. In the case of programs that provide housing or services to families, that
Subrecipients will designate a staff person to be responsible for ensuring
that children being served in the program are enrolled in school and
connected to appropriate services in the community including early
childhood programs such as Head Start, Part C of the individuals with
Disabilities Education Act, and programs authorized under Subtitle B of
Title VII of the McKinney-Vento Homeless Assistance Act as amended;
V. Subrecipient, its officers, and employees are not debarred or suspended
from doing business with the Federal Government; and
vi. Subrecipient will provide information, such as data and reports, as
required by US HUD.
Additionally,Subrecipient agrees:
i. To establish such fiscal controls 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;
ii. To take the educational needs of children into account when families are
placed in housing and .will, to the maximum extent practicable, place
families with children as close as possible to their school of origin so as not
to disrupt such children's education. A Subrecipient that serves families
with school-age children shall have at least one program staff member,
knowledgeable of the McKinney-Vento Education for Children and Youth
Act requirements and shall comply with all requirements related to
facilitation of educational opportunities consistent with Miami-Dade
County Homeless Trust's Standards of Care incorporated herein by
reference;
iii. To comply with the provisions of 24 CFR 578.23(c)(9);
iv. To follow the written standards for providing Continuum of Care
assistance developed by the Continuum of Care, including the minimum
requirements set forth in§ 578.7(a)(9);and
v. To operate the project(s) in accordance with the provisions of the
McKinney-Vento Act and all requirements under 24 CFR part 578; and to
comply with such other terms and conditions as US HUD may establish by
NOFA.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 16
4. Suspension and Termination
a. Suspension - The Grantee may, for reasonable cause, temporarily suspend the
operation and authority to obligate funds of the Subrecipient,under this Agreement,
or withhold payments to the Subrecipient pending necessary corrective action by
the Subrecipient or both.
Reasonable cause shall be determined by the. Grantee in its sole and absolute
discretion and may include:
L Ineffective or improper use of any funds provided hereunder by the
Subrecipient;
ii. Failure by the Subrecipient to materially comply with any terms, conditions,
representations or warranties contained herein;
iii. Failure by the Subrecipient to submit any documents required by this
Agreement; or
iv. Incorrect or incomplete document submittal by the Subrecipient.
b. Termination-
L Termination at Will - This Agreement, in whole or in part, may be
terminated by the Grantee upon no less than fifteen (15) working days'
notice when the Grantee determines that it would be in the best interest of
the Grantee and / or the Subrecipient materially fails to comply with the
terms and conditions of the award. Said notice shall be delivered by
certified mail, return receipt request, or in person with proof of delivery.
The Subrecipient shall have five (5) days from the day the notice was
delivered to state why it is not in the best interest of the Grantee to
terminate the Agreement. However, it is up to the discretion of the Grantee
to make the final determination as to what is in its best interest.
ii. Termination for Convenience - The Grantee or Subrecipient may terminate
this Agreement, in whole or part, when both parties agree that the
continuation of the activities would not produce beneficial results
commensurate with the further expenditure of funds. Both parties shall
agree in writing upon the termination conditions, including the effective
date and in the case of partial termination, the portion to be terminated.
However, if the Grantee determines in the case of partial termination that
the reduced or modified portion of the grant will not accomplish the
purposes for which the grant was made it may terminate the grant in its
entirety.
iii. Termination Because of a Lack-of Funds - In the event funds to finance this
Agreement become unavailable, the Grantee may terminate this Agreement
upon no less than-twenty-four (24) hours' notice in writing to the
Subrecipient. Said notice shall be sent by certified mail, return receipt
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 17
requested,or in person with proof of delivery. The Grantee shall be the final
and sole authority in determining whether or not funds are available.
iv. Termination for Breach - Upon terminating this Agreement under this
section the Grantee, in its sole discretion, may require the Subrecipient to
pay the Grantee any or all costs associated with termination of this
Agreement, including but not limited to transfer of the Subrecipient's
obligations under this Agreement and or selection of a new Project Sponsor.
The Grantee may terminate this Agreement, in whole or in part, when the
Grantee determines in its sole and absolute discretion that the Subrecipient
is not making sufficient progress in the performance of this Agreement as
outlined in the "Scope of Services" contained within the "eSnaps
Application"Attachment B or is not materially complying with any term or
provision provided herein including but not limited to the following:
1. The Subrecipient ineffectively or improperly used or uses the
Grantee funds allocated under this Agreement;
2. The Subrecipient failed or fails to furnish the Certificates of
Insurance required by this Agreement or as determined by Miami-
Dade County Internal Services Risk Management Division;
3. The Subrecipient failed or fails to furnish proof of Licensure,proof of
Certification or proof of Background Screening required by this
Agreement;
4. The Subrecipient failed or fails to submit detailed reports of
expenditures or final expenditure reports or submits incompletely or
incorrectly;
5. The Subrecipient failed or fails to submit required reports or
submits incompletely or incorrectly;
6. The Subrecipient refused or refuses to allow the Grantee access to
records or refused or refuses to allow the Grantee to monitor,
evaluate and review the Subrecipient's program;
7. The Subrecipient discriminates under any of the laws outlined in this
Agreement;
8. The Subrecipient failed or fails to provide Domestic Violence Leave
to its employees pursuant to local law;
9. The Subrecipient falsifies or violates the provisions of a Drug Free
Workplace Affidavit;
10. The Subrecipient attempted or attempts to meet its obligations
under this Agreement through fraud, misrepresentation or material
misstatement;
11. The Subrecipient failed or fails within a specified period, to correct
deficiencies found during a monitoring,evaluation or review;
12. The Subrecipient failed or fails to meet the terms and conditions of
any obligation under this Agreement or otherwise of any repayment
schedule to the Grantee or any of its agencies or instrumentalities;
13. The Subrecipient failed or fails to meet any of the terms and
conditions of the Miami-Dade County Affidavits; and
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 18
14. The Subrecipient failed or fails to fulfill in a timely and proper
manner any and all of its obligations, covenants, agreements and
stipulations in this Agreement.
The Subrecipient shall be given written notice of the claimed breach and ten
(10) business days to cure same. If the Subrecipient is not provided a
written waiver of the breach by the Grantee, or if the Subrecipient remains
in breach of this Agreement as determined by the Grantee, the Grantee shall
initiate written notice to terminate and said notice will be to terminate
effective within no less than twenty-four (24) hours. Said notice shall be
sent by certified mail, return receipt requested, or in person with proof of
delivery. Waiver of Breach or any provision of this Agreement shall not be
construed to be a modification, or revisions of the terms of this Agreement.
The provisions contained herein do not limit the rights to legal or equitable
remedies or any other provision for termination by the Grantee under this
Agreement. The Subrecipient shall be responsible for all direct and indirect
costs associated with such termination or cancellation, including attorney's
fees. Any individual or entity who attempts to meet its contractual
obligations with the Grantee through fraud, misrepresentation or material
misstatement may be disbarred from Miami-Dade County contracting for up
to five(5)years.
S. Notice Regarding Future Funding Applications
Funding under this Agreement is provided by US HUD. The parties understand the Grantee,
as the US HUD funding recipient, is responsible for review and approval of the funding
application and response submitted to US HUD through the annual US HUD CoC Program
Notice of Funding Availability (NOFA) application process for homelessness assistance
funding.
The Subrecipient agrees to timely notify the Grantee of the Subrecipient's intention not to
be available to renew and continue operating or providing the program in its entirety
as covered under this Agreement. Timely is defined as the earliest of either 1) six (6)
months prior to this Agreement's expiration; or 2) upon request to confirm allocations in
the Grant Inventory Worksheet (GIW) registration process of the anticipated annual
application to US HUD CoC Program NOFA.
If the Subrecipient is not available to apply for"renewal funding" or for the continuation of
the program outlined in this Agreement, and failed to timely advise the Grantee as
described herein, then the Grantee in its sole discretion may out not to enter into future
grant agreements with the Subrecipient.
Further, in the event the Subrecipient will not be available to apply for renewal funding
applicable to this Agreement, the Subrecipient agrees to ensure that housing is maintained
for persons served by the Subrecipient under this Agreement after the expiration of this
Agreement so that those persons do not become homeless.
Notice from Subrecipient to Grantee pursuant to this section shall be delivered in writing by
certified mail, return receipt request, or in person with proof of delivery,to the attention of
Miami-Dade County Homeless Trust Executive Director.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 19
i
6. Reversion of Assets
a. Term of Commitment - If the Subrecipient receives assistance for acquisition,
rehabilitation, or new construction, then the Subrecipient shall agree to operate the
"McKinney-Vento Act housing" or provide "McKinney-Vento Act services" in
accordance with this Agreement and applicable laws, and regulations for a term of
at least fifteen (15) years from the date of initial occupancy or date of initial
service provision. If the United States, Department of Housing and Urban
Development (US HUD) determines a project is no longer needed for use as
homeless assistance housing or services,then US HUD may provide authorization to
the Grantee on behalf of the Subrecipient to convert the project to a project for the
direct benefit of low-income persons pursuant to a request for such use by the
Grantee on behalf of the Subrecipient operating the project as Project Sponsor (24
CFR 583.305(a)). The parties hereby agree to this provision shall survive the
expiration or termination of this Agreement.
Repayment of Grant - If the Subrecipient does not provide supportive housing or
supportive services for fifteen (15) years following the date of initial occupancy or
date of initial service provision pursuant to this Agreement, then the Grantee shall
require repayment of the entire amount of the grant or partial repayment of the
grant used for acquisition, rehabilitation, or new construction, unless conversion of
the project has been authorized by US HUD pursuant to the terms in the Term of
Commitment Section 5(b) of this document (24 CFR 583.305(b)). The parties
hereby agree this provision shall survive the expiration or termination of this
Agreement.
b. Prevention of Undue Benefit - Upon the sale or other disposition of a project
assisted with acquisition, rehabilitation or new construction funds occurring before
the expiration of the fifteen (15) year period, the Subrecipient must comply with
such terms and conditions as US HUD and the Grantee may prescribe to prevent the
Subrecipient from unduly benefiting from such sale or disposition.
The Subrecipient shall return to the Grantee, upon the expiration or termination of
the Agreement, any funds on hand, any accounts receivable attributable to those
funds,and any overpayment due to unearned funds or costs disallowed pursuant to
the terms of this Agreement that were disbursed to the Subrecipient by the Grantee.
c. Revocation of License or Permit- Notwithstanding any provision of this Agreement
to the contrary, revocation of any necessary license, permit, or approval by a
governmental authority may result in immediate termination of this Agreement
upon no less than twenty-four (24) hours' notice. Said notice shall be certified by
mail or hand delivery.
d. Declaration of Restrictive Covenant and Declaration of Restrictions -Where grant
funds are used for acquisition, construction or rehabilitation under this Agreement,
the Subrecipient shall record a Declaration of Restrictive Covenants, as well as a
Declaration of Restrictions,in accordance with this section.
CoC Grant#FL0177L4DO01306,City of Miami Beach, City of Miami Beach Outreach Page 20
The Declaration of Restrictive Covenants and the Declaration of Restrictions shall
restrict the use of properties located at(
....... ...
1, in Miami-Dade County, Florida such that
the properties must be operated for the provision of homeless housing and services
for homeless persons in accordance with the provisions of(24 CFR Part 583,Code of
Federal Regulations) and any other applicable laws or regulations for a term of at
least fifteen (15) years or for such other purposes as may be approved by the
Grantee and US HUD.
The Subrecipient agrees that the Declaration of Restrictive Covenants and the
Declaration of Restrictions shall be signed by the Subrecipient, as well as the title
owner of the subject property and any other relevant property interest holders,
including but not limited to a lessee of the title holder subleasing the property to the
Subrecipient. If the Subrecipient is not the title owner of the subject property, the
Subrecipient shall be responsible for obtaining execution of the Declaration of
Restrictive Covenants and the Declaration of Restrictions by the title owner and by
any other parties required by US HUD. The Subrecipient shall be responsible for
ensuring that any signatories required by US HUD sign the Declaration of Restrictive
Covenants and the Declaration of Restrictions whether US HUD requires such
signatories by regulation or by guidance provided directly regarding the project and
/or property covered under this Agreement.
The Declaration of Restrictive Covenants executed by the Subrecipient and any
other required parties and recorded by the Subrecipient must be approved by US
HUD. The Subrecipient must provide US HUD with proof of recordation of the
approved Declaration of Restrictive Covenants before funds for Rehabilitation or
New Construction may be drawn down. Acquisition funds may be drawn down
before proof of recordation is received by US HUD; however, no other grant funds
will be available for draw down until US HUD is satisfied with the form and
recordation of the Declaration of Restrictive Covenants.
The Subrecipient agrees to inform any lender or grantor which has loaned or
granted funds for the purchase of such properties or structure on the subject
property or properties covered under this Agreement and obtain their consent to
the recordation of and subordination to the "Declaration of Restrictive Covenants"
and the "Declaration of Restrictions". Such consent shall be in a form acceptable to
the Grantee.
The parties hereby agree this provision shall survive the expiration or termination
of this Agreement.
7. Uniform Administrative Requirements
a. Accounting Standards,Costs Principles and Regulations
L The Subrecipient shall comply with Federal accounting standards and cost
principles according to OMB Circular A-122 and (24 CFR 578 et.seq.) and
any other applicable laws and regulations.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 21
ii. The Subrecipient shall comply with applicable provisions of applicable
Federal, State, and County laws, regulations, and rules such as OMB Circular
A-110, OMB Circular A-21, and OMB Circular A-133 and with the Energy
Policy and Conservation Act (Public Law 94-163) which requires mandatory
standards and policies related to energy efficiency. If any provision of this
Agreement conflicts with any applicable law or regulation, only the
conflicting provision shall be modified to be consistent with the law or
regulation or be deleted if modification is impossible. However, the
obligations under this Agreement, as modified, shall continue and all
provisions of this Agreement shall remain in full force and effect.
iii. If the amount payable to the Subrecipient pursuant to the terms of this
Agreement is in excess of$100,000.00,or such other amount as required by
applicable law or regulation; the Subrecipient shall comply with all
applicable standards, orders, or regulations issued pursuant to Section 306
of the Clean Air Act of 1970 (42 U.S.C. 1857(h)), as amended; the Federal
Water Pollution Control Act(33 U.S.C. 1251),as amended; Section 508 of the
Clean Water Act (33 U.S.C. 1368); the Environmental Protection Agency
regulations (40 CFR Part 15); Executive Order 11738; and the
Environmental Review Procedures and Regulations (24 CFR Part 58 and 24
CFR Part 583.230). The Subrecipient shall comply with all applicable laws
and regulations governing this Agreement
b. Retention of Records
i. The Subrecipient shall retain records pertinent to expenditures and all
Agreement records for a period of at least five (5) years, hereinafter
referred to as "Retention Period". For all non-Grantee assisted activities the
Retention Period shall begin upon the expiration or termination of this
Agreement.
ii. If the Grantee or the Subrecipient has received or been given notice of any
kind indicating any threatened litigation, claim or audit arising out of the
services provided pursuant to the terms of this Agreement, the Retention
Period shall be extended until such time as the threatened or pending
litigation,claim or audit is,in the sole and absolute discretion of the Grantee,
fully,completely and finally resolved.
iii. The Subrecipient shall allow the Grantee or any persons authorized by the
Grantee full access to and the right to examine any of the Agreement records
during the required Retention Period.
iv. The Subrecipient shall notify the Grantee in writing both during the
pendency of this Agreement and after its expiration as part of the final close
out procedure of, the location and address where all the Agreement records
will be retained.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 22
v. The Subrecipient shall obtain prior written approval by the Grantee for the
disposal of any Agreement records before disposing of such records if it is
within one(1)year after the expiration of the Retention Period.
8. Additional Requirements
The Subrecipient shall comply with the following additional requirements:
a. Client Rules and Regulations - The Subrecipient shall submit to the Grantee a copy
of the Client Rules and Regulations that apply to all program or client participants
referred to the Subrecipient pursuant to this Agreement. This copy is due within
thirty(30) calendar days following the execution of this Agreement.
b. Personnel Policies and Administrative Procedure Manuals - The Subrecipient shall
submit detailed documents describing all the Subrecipient's policies and procedures
for internal control, corporate, or organizational structure, property management,
procurement, personnel management, accounting and fiscal information. This
information shall be available to the Grantee upon request.
c. Monitoring - The Subrecipient shall permit the Grantee and any other persons
authorized by the Grantee to monitor, according to applicable regulations, all
Agreement records, facilities, goods, services and activities of the Subrecipient
which are in any way connected to the activities undertaken pursuant to the terms
of this Agreement including interview of any participant, employee, subcontractor,
or assignees of the Subrecipient. The Grantee shall monitor both fiscal and
programmatic compliance with all terms and conditions of this Agreement including
a review of beneficiaries,supportive services,housing,operating costs,program and
performance progress, site habitability, participant eligibility, documentation for
required match, record keeping, and compliance with circulars, administrative
costs, technical assistance visits, and environmental review. The Subrecipient shall
permit the Grantee to conduct site visits, participant assessment surveys, and other
techniques deemed reasonably necessary to fulfill the monitoring function. If the
Grantee monitors and there is a finding of deficiencies report; said report may be
delivered to the Subrecipient, and if so delivered, the Subrecipient shall rectify all
deficiencies cited within the period of time specified in the report. Pursuant to
Board of Miami-Dade County Commissioners Resolution 630-13, Miami-Dade
County Mayor or Mayor's designee may make unannounced, on-site visits during
normal working hours to the Subrecipient's headquarters and / or any locations or
site where the services contracted for are performed.
d. Restrictions of Funds Use-The funds received under this Agreement(and any State
or local government funds used to supplement this Agreement) may not be used to
replace State or local funds previously used,or designated for use to assist homeless
persons (24 CFR Part SHAS0(a)). The Subrecipient shall notify the Grantee of any
additional funding received for any activity described in this Agreement, other than
the "Program Income, Rent or Occupancy Charge Report", Attachment j which
is addressed in Section 2 d. Records and Reports. Such notification shall be in
writing and received by the Grantee within thirty (30) calendar days of the
Subrecipient's notification by the funding source.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 23
e. Related Parties - The Subrecipient shall report to the Grantee the name, purpose
and any other relevant information in connection with any transaction conducted
between the Subrecipient and a related party transaction. A related party includes,
but is not limited to; a for-profit or nonprofit subsidiary or affiliate organization,and
organization with overlapping boards of directors or any organization for which the
Subrecipient is responsible for appointing members. The Subrecipient shall report
this information to the Grantee upon forming the relationship or if already formed,
shall report it immediately. Any supplemental information shall be reported in the
Grantee required Agency Narrative and Progress Report which are addressed in
Section2 b. Records and Reports.
f. Required Meeting Attendance - From time to time, Grantee through Miami-Dade
County Homeless Trust may schedule meetings and or training sessions to assist the
Subrecipient in the performance of its contractual obligations or to inform the
Subrecipient of new and or revised policies and procedures. Attendance at some
of these meetings may be mandator. The Subrecipient shall receive notice no
less than three(3)business days prior to any meeting or training session that may
require mandatory participation. A record of attendance shall be kept of meetings
or training sessions where notice was given indicating the mandatory participation
of the Subrecipient and the Subrecipient shall be monitored for compliance on that
record of attendance. Failure to attend meetings or training sessions for which a
mandatory notice has been provided can result in material non-compliance of the
Agreement, up to and including Breach or Default. Proof of mandatory notice shall
consist of fax record, certified mail, electronic confirmation and or verbal
communication with the Agreement contact person or persons and other program
administrative staff of the Subrecipient. The Subrecipient may select one or more
employees from their Agency, directly involved in the Agreement program, as their
representative at the meeting or training session; the participation of the Agreement
contact person or persons is preferred. The Subrecipient may request waiver from
a mandatory meeting. That waiver must be received no later than twenty-four (24)
hours prior to the meeting date and time, and justification provided, including the
reason the Subrecipient could not send any representative. The-Grantee shall have
absolute and final approval over any determination to waive mandatory attendance;
and no more than two (2) mandatory attendance waivers shall be allowed during
the term of this Agreement. The Subrecipient is encouraged to attend all meetings
of Miami-Dade County Homeless Trust and or its Committees, as information
relevant to their program or services may be discussed.
g. Publicity and Advertisements - The Subrecipient shall ensure that all publicity and
advertisements prepared and released by the Subrecipient, such as pamphlets and
news releases already or indirectly related to activities funded pursuant to this
Agreement, and all events carried out to publicize the accomplishments of any
activity funded pursuant to this Agreement, recognize the Grantee as its funding
source.
h. Procurement - The Subrecipient shall make a positive effort to procure supplies,
equipment, construction or services necessary or related to carrying out the terms
of this Agreement from minority and women owned businesses, and to provide
these to the maximum feasible competitive opportunity as permitted by applicable
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 24
law. If this Agreement involves the expenditure of $100,000 or more by Miami-
Dade County, and the Subrecipient intends to use subcontractors to provide the
services listed herein or suppliers to supply the materials, the Subrecipient shall
provide Miami-Dade County with the names of the subcontractors and suppliers,
Attachment G. Subrecipient agrees that it will not change or substitute
subcontractors or suppliers from those listed without prior written approval of
Miami-Dade County.
L Involvement of HUD-assisted individuals and families - per 24 CFR 578.23 (c)(3),
the Subrecipient agrees to ensure to the maximum extent practicable, that
individuals and families experiencing homelessness are involved, through
employment, provision of volunteer services, or otherwise, in constructing,
rehabilitating, maintaining and operating facilities for the project and in providing
supportive services for the project. Further, per the Housing and Urban
Development Act of 1968, as amended, (12 U.S.C. 1701u) to the greatest extent
feasible, opportunities for training and employment, for services or programs
covered under this Agreement, should be given to lower-income residents of HUD-
assisted projects and contracts for work in connection with the project be awarded
in substantial part to persons residing in the area of the project.
j. Property - This section applies to equipment with an acquisition cost of greater
than $5,000.00 per unit and all real property. 1) Any real property under the
control of the Subrecipient that was acquired and or improved in whole or in part
with funds from Grantee, or from Miami-Dade County and any equipment or
property purchased for greater than $5,000.00, shall, upon expiration or
termination of this Agreement,be disposed in accordance with instructions from the
Grantee. Real Property is defined as land, including land improvements, structures,
and appurtenances thereto, including moveable machinery and equipment.
Equipment means tangible, non-expendable, personal property having a useful life
of more than one (1) year and acquisition costs of greater than $5,000.00 per unit.
2) The Subrecipient shall list in the property records all equipment with an
acquisition cost of greater than $5,000.00 per unit and all real property purchased
in whole or in part with funds from the Grantee or from Miami-Dade County from
this Agreement or from previous agreements. The property record shall include a
legal description, size, date of acquisition, and value at time of purchase, owner's
name if different than the Subrecipient,information on the transfer or disposition of
the property, and map indicating where property is in parcels, lots or blocks and
showing adjacent streets and roads. Notwithstanding documents required for
reimbursement purposes, an additional copy of the purchase receipt for any
property described.above which was purchased using Grantee or Miami-Dade
County funds must also be included in the reimbursement package along with the
"Real Property and Equipment Asset Inventory"Attachment O in the month it
was purchased. 3) All equipment with an acquisition cost of greater than $5,
000.00 per unit and all real property shall be inventoried annually by the
Subrecipient and an Annual Inventory Report submitted to the Grantee. This report
shall include the elements listed above.
k. Management Evaluations and Performance Reviews - The Grantee may conduct
formal Management Evaluations and Performance Reviews of the Subrecipient
following this expiration of this Agreement. The Management Evaluations will
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 25
reflect the compliance of the Subrecipient with generally accepted fiscal and
organizational standards and practices. The Performance Reviews will reflect the
quality of service provided and value received of the funds using monitoring data
such as progress reports,site visits,and participants'surveys.
1. Subcontracts and Assignments - The Subrecipient shall not assign this Agreement
without the Grantee's written consent to the assignment. The Subrecipient shall
ensure that all subcontracts and assignments; 1) Identify the full, correct and legal
name of the party; 2) Describe the activities to be performed; 3) Present a complete
and accurate breakdown of all price components; and 4) Incorporate provisions
requiring compliance with all applicable regulatory and other requirements of this
Agreement with any conditions of approval that the Grantee deems necessary. This
applies only to subcontracts and assignments in which parties are engaged to carry
out any eligible substantive programmatic service as set forth in this Agreement.
The Grantee shall in its sole and absolute discretion determine when services are
eligible substantive programmatic services subject to the audit and record keeping.
requirements described above.
The Subrecipient shall ensure that all subcontracts and assignments which involve
the expenditure of one hundred thousand dollars ($100,000.00) or more, comply
with (Miami-Dade County Ordinance 97-104, § 1, 7-8-97), which shall require the
entity contracting with Miami-Dade County to list all first tier subcontractors who
will perform any part of the contract and all suppliers who will supply materials for
the contract work directly to such entity. The contract shall also require the entity
contracting with Miami-Dade County to report to Miami-Dade County the race,
gender, and ethnic origin of the owners and employees of all such first tier
subcontracts. This Agreement shall require the Subrecipient to provide Miami-Dade
County the race, gender and ethnic information as soon as reasonably available and
in any event prior to final payment under the contract. The Subrecipient shall not
change or substitute subcontractors or suppliers from those listed except upon
written approval of the County. The Subrecipient must provide the list of all first
tier subcontractors and direct suppliers; see "Subcontractor Supplier Listing"
Attachment G. The Subrecipient shall incorporate into all consultant subcontracts
this additional provision: "The Subrecipient is not responsible for any insurance or
other fringe benefits for the consultant or its employees, (examples social security,
income tax withholdings, retirement or leave benefits). The consultants assume full
responsibility for the provision of all insurance and fringe benefits for themselves
and their employees retained by the consultants in carrying out the Scope of Service
provided in this subcontract". The Subrecipient shall be responsible for monitoring
the contractual performance of all subcontracts. The Subrecipient shall receive
written documentation prior to entering into any subcontract which contemplates
performance of substantive programmatic activities, as such is determined as
provided herein. The approval of the Grantee shall be obtained prior to the release
of any funds to the Subrecipient for the subcontract. The Subrecipient shall receive
written approval from the Grantee prior to either assigning or transferring any
obligations or responsibilities set forth in this Agreement or the right to receive
benefits or payments resulting from this Agreement. Approval by the Grantee of any
subcontract or assignment shall not under any circumstances be deemed to provide
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 26
for the incurring of any obligation by the Grantee in excess of the total dollar
amount set forth in this Agreement.
m. Consultant to the Grantee - the parties understand that,in order to facilitate the
implementation of this Agreement, the Grantee may from time to time designate a
development consultant to work with the Subrecipient. The Grantee's Consultant
shall be considered the Grantee's designee with respect to all portions of this
Agreement with the exception of those provisions relating to payment to the
Subrecipient for services rendered. The Grantee shall provide written notification
to the Subrecipient of the name, address and employee representatives of the
Grantee's Consultant.
n. Participation in the Homeless Management Information System (HMIS) - The
Subrecipient agrees to participate in a Homeless Management Information System
selected and established by the Grantee. Participation will include, but not be
limited to, input of client data upon intake, daily updates of bed availability
information, as well as updates to current and prior client's records upon client
contact, and maintaining current data for statistical purposes. Subrecipients of
Domestic Violence Programs with heightened privacy and confidentiality concerns
are required to participate in an HMIS equivalent system to include the necessary
stricter privacy and confidentiality standards. The Subrecipient understands that
they are responsible for any ongoing costs to access the HMIS system. The
Subrecipient agrees to abide by terms of any HMIS Agreements, which are
incorporated herein by reference. The Subrecipient shall indemnify and hold
harmless the Grantee and Miami-Dade County,its agents and instrumentalities from
any and all liability, losses and damages arising out of or relating to this Agreement
or the HMIS system.
o. Miami-Dade County Inspector General review - The Subrecipient understands that
Miami-Dade County, Office of the Inspector General may, on a random basis,
perform audits on all Miami-Dade County contracts, throughout the duration of said
contracts.
p. Independent Private-Sector Inspector General review - The Subrecipient
understands that Miami-Dade County Inspector General is also empowered to retain
the services of Independent Private-Sector Inspector Generals, to audit, investigate,
monitor, oversee, inspect and review operations, activities, performance and
procurement processes including but not limited to project design, application and
project specifications, proposals submittals, activities of the Subrecipient, its
officers, agents and employees, lobbyists, Miami-Dade County staff, and elected
officials to ensure compliance with contract specifications and to detect fraud and
corruption.
q. Renegotiation or Modification - The Subrecipient agrees that modifications to
provisions of this Agreement shall only be valid,when in writing and signed by duly
authorized representatives of all parties. In addition, the Subrecipient may not
make any significant changes to an approved program without prior written
approval by the Grantee. Significant changes include,but are not limited to,changes
in the Project Sponsor, changes in the project site location, additions or deletions in
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 27
types of program or funding activities outlined in 24 CFR 578.37 - 578.63 and the
Notice of Funding Availability (NOFA) process approved in the Technical
Submission for this program, or a shift of greater than ten (10) percentage points
between approved funding activities, or a change in the population served, the
number of population served, or any other changes deemed significant by the
Grantee. Depending upon the nature of the change, the Grantee may require a new
certification of consistency with the Consolidated Plan Certification from the United
States Department of Housing and Urban Development. Any approval for changes is
contingent upon United States, Department of Housing and Urban Development
Field Office approval of the continuation of the Subrecipient's renewal ranking in
the CoC NOFA application process.
The parties agree to renegotiate this Agreement if the Grantee determines,in its sole
and absolute discretion, that changes are necessary for reasons including but not
limited to changes in Federal, State, County laws or regulations, or increases or
decreases in funding allocations. The Grantee shall have final authority in
determining funding availability for this Agreement caused by changes listed above.
Notwithstanding the foregoing, the Grantee retains all rights of suspension and
termination set forth in other section(s) of this Agreement.
r. Right to Waive -The Grantee may, for good and sufficient cause, determined by the
Grantee in its sole and absolute discretion, waive provisions in this Agreement in
writing or seek to obtain such wavier from the appropriate authority. All waiver
requests from the Subrecipient must be in writing. Any waiver shall not be
construed as a modification or revision to this Agreement.
s. Disputes - In the event that an unresolved dispute exists between the Subrecipient
and the Grantee, the Grantee shall refer the questions, including the views of all
interested parties and the recommendation of the Miami-Dade County Homeless
Trust, to the Miami-Dade County Mayor or the Mayor's designee for determination.
The Mayor or Mayor's designee will issue a determination within thirty (30)
calendar days of receipt and so advise the Grantee and the Subrecipient, or in the
event additional time is necessary, the Grantee will notify the Subrecipient within
the thirty(30) day period that additional time is necessary. The Subrecipient agrees
that the determination of the Mayor or the Mayor's designee shall be final and
binding on all parties.
t. Proceedings -This Agreement shall be construed in accordance with the laws of the
State of Florida and any proceedings arising between the parties in any manner
pertaining or related to this Agreement shall,to the extent permitted by law,be held
in Miami-Dade County,Florida.
u. No Third Party Beneficiaries - This Agreement has no intended or unintended third
party beneficiaries.
v. Construction of the Agreement- This Agreement shall not be construed against the
drafter of this Agreement.
w. Sovereign Immunity - Nothing in this Agreement shall be considered a waiver of
sovereign immunity.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 28
x. Notice and Contact-The Grantee's representative for this Agreement is Victoria M.
Mallette Executive Director Miami-Dade Countv Homeless Trust. The _
Subrecipient's representative for this Agreement is
The project site location is (5 5S 1 °''S`T ,.ry1 l; ! In the event
that different representatives are designated by either party after this Agreement is
executed,or the Subrecipient changes the address of either the program site or
principal office,the Subrecipient must notify the Grantee prior to such relocation
and obtain all necessary approvals. Notice of the name of the new representative or
new address will be rendered in writing to the Grantee and said notification
attached to the originals of this Agreement. (The Subrecipient shall attach a list of
its Board of Directors and Table of Organization to this Agreement)
y. Name and Address of Payee-When payment is made to the Subrecipient,it shall
be directed to the name and address of the payee listed here:_
(Subrecipie- s�Name:
tAddress 00'
All Terms and Conditions included - This Agreement and its attachments as
referenced contain all the terms and conditions agreed upon by the parties. The
following documents are attached to this Agreement(Attachments A through
z. Autonomy-Both parties agree that this Agreement recognizes the autonomy of and
stipulates or implies no affiliation between the contracting parties. The parties
acknowledge that the relationship of Grantee and Subrecipient is that of
independent contractors and that nothing contained in this Agreement shall be
construed to place Grantee and Subrecipient in the relationship of principal and
agent, employer and employee, master and servant, partners or joint ventures.
Neither party shall have, expressly or by implication, or represent itself as having,
any authority to make contracts or enter into any agreements in.the name of the
other party,or to obligate or bind the other party in any manner whatsoever.
aa. Severability of Provisions - If any provision of this Agreement is held invalid, the
remainder of this Agreement shall not be affected thereby if such remainder would
then continue to conform to the terms and requirements of all applicable law.
bb. Waiver of Trial - Neither the Subrecipient, subcontractor nor any other person
liable for the responsibilities, obligations, services and representations herein, nor
any assignee, successor heir or personal representative of the Subrecipient,
subcontractor or any such other persons or entities shall seek a jury trial in any
lawsuit, preceding, counterclaim or other litigation proceeding based upon or
arising out of this Agreement, or the dealings or the relationship between or among
the parties to this Agreement..
cc. Counties and-Municipalities outside Miami-Dade County - The Subrecipient agrees
to provide homeless housing within Miami-Dade County and further agrees to abide
by,as well as to post this notice: Notice that all firms,corporations,organizations or
individuals desiring to transact business or enter into a contract with Miami-Dade
County for the provision of homeless housing and or homeless services swears,
verifies,affirms and agrees that 1) they have not entered into any current contracts,
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 29
arrangements of any kind, or understanding with any county, or municipality
outside of Miami-Dade County to provide housing and services for homeless
persons in Miami-Dade County who are transported to Miami-Dade County by or at
the behest of such counties and municipalities outside Miami-Dade County; and 2)
During the term of-this.contract, entities listed above will not enter into any such
contract,arrangement of any kind or understanding provided however, Miami-Dade
County Homeless Trust may, in its sole and absolute discretion, find and determine
within sixty (60) days of an entity's request to waive the requirements of this
section, that a proposed contract should not be prohibited hereby, as the best
interests of the homeless programs undertaken by and on behalf of Miami-Dade
County would be served and Miami-Dade County would not be negatively affected
by such contract,arrangement,or undertaking.
dd. Compliance with all applicable Laws, Regulations, Ordinances, Policies and
Standards - The Subrecipient agrees to comply with all applicable Federal, State,
and local laws, regulations, ordinances, and standards including but not limited to
any applicable requirements regarding payment and performance bonds and other
requirements for public works, competitive bid and bid bond requirements, if
applicable, as well as with requirements contained in the Grantee's "2013
a Continuum of Care Program Grant Agreement", Attachment A. The
n. Subrecipient also agrees to -sign and provide -the Grantee with any required
affidavits.
Additionally, the Subrecipient shall comply with any and all guidance that Grantee
receives from US HUD regarding this Agreement, the program and / or services
covered herein,and clarification of existing laws and regulations
ee. Pink Slime - The Subrecipient will not use products or foods containing "pink
slime", as defined in Resolution 478-12 of the Board of Miami-Dade County
Commissioners,in food that is provided or served pursuant to this Agreement.
9. Religious Organizations
Pursuant to 24 CFR Part 583.150, a primarily religious organization is eligible to receive US
HUD funding, if the organization agrees to provide homeless housing and services in a
manner that is free from religious influences and in accordance with the following
principles;
a. It will not discriminate against any employee or applicant for employment on the
basis of religion and will not limit employment or give preference in employment to
persons on the basis of religion;
b. It will not discriminate against any person applying for homeless housing or
services on the basis of religion and will not limit such homeless housing or services
or give preference to persons on the basis of religion;and
c. It will provide no religious instruction or counseling, conduct no religious worship
or services, engage in no religious proselytizing and exert no other religious
influence in the provision of homeless housing and services funded hereunder.
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 30
r '
i
t •
The Subrecipient shall comply with the provisions of this section and with 324 CFR Part
583.150, as well as with any other applicable laws or regulations governing a primarily
religious organization as applicable.
10. Health Insurance Portability and Accountability Act(HIPAA)
Any person or entity that performs or assists Miami-Dade County with a function or activity
involving the use or disclosure of Individually Identifiable Health Information (IIHI) and or
Protected Health Information (PHI) shall comply with the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) and any applicable federal, state, county and local laws
and policies. HIPAA mandates for privacy, security and electronic transfer standards that
include but are not limited to the following:
a. Use of information only for performing services required by the contract or as
required by law;
b. Use of appropriate safeguards to prevent non-permitted disclosures;
c. Reporting to Miami-Dade County of any non-permitted use or disclosure;
d. Assurances that any agents and subcontractors agree to the same restrictions and
conditions that apply to the Subrecipient and provides reasonable assurances that
IIHI and PHI will be held confidential;
e. Making PHI available to the customer;
f. Making PHI available to Miami-Dade County for an accounting of disclosures;
g. Making internal practices, books and records related to PHI and IIHI available to
Miami-Dade County for compliance audits and for other purposes as may be
permitted by law; and
h. PHI shall maintain its protected status regardless of the form and method of
transmission (including paper and or electronic transfer of data).
The Subrecipient must give its customers written notice of all privacy information practices
including but not limited to description of the types of uses and disclosures that would be
made with protected health information.
11. Proof of Licensure/Certification and Background Screening
a. Licensure. - If the Subrecipient is required by the State of Florida or Miami-Dade
County or any federal, state or local law or regulation to be licensed or certified to
provide the services or operate the facilities outlined in the Scope of Service
contained within the "Electronic Review, Renewal Adjustment and HEARTH
Renewal Application",Attachment B, the Subrecipient shall furnish to the Grantee a
copy of all required current licenses or certificates. Examples of services or
operations requiring such licensure or certification include but are not limited to
childcare,day care,nursing homes,and boarding homes.
If the Subrecipient fails to furnish the Grantee with the licenses, certificates or
certifications required under this Section,the Grantee in its sole discretion,shall not
disburse any funds until it is provided with such licenses or certifications. Failure to
provide the required licenses or certification within sixty(60) days of execution of
this Agreement may result in termination of this Agreement at the Grantee's
discretion.
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 31
' r
t
b. Background Screening - The Subrecipient agrees to comply with all applicable
federal, state and local laws, regulations, ordinances and resolutions regarding
background screening of employees, volunteers, subcontractors and independent
contractors. Subrecipient's failure to comply with any applicable laws, regulations,
ordinances and resolutions regarding background screening of employees,
volunteers, subcontractors and independent contractors is grounds for a material
breach and termination of this contract at the sole discretion of Miami-Dade County.
The Subrecipient agrees to comply with all applicable laws, (including but not
limited to chapters 39,402, 409, 394,408, 393, 397,984, 985, 1012 and 435,Florida
Statutes, and § 943.04351, Florida Statutes, as may be amended from time to time),
regulations, ordinances and resolutions regarding background screening of those
who may work or volunteer directly with or in the vicinity of vulnerable persons as
defined by§435.02 Florida Statutes,as may be amended from time to time.
In the event criminal background screenings is required by law, the State of Florida
and / or Miami-Dade County, the Subrecipient will permit only employees,
volunteers,subcontractors and independent contractors with a satisfactory national
criminal background check through an appropriate screening agency (i.e., the
Florida Department of Juvenile Justice, Florida Department of Law Enforcement or
Federal Bureau of Investigation) to work or volunteer in direct contact with or in
the vicinity of vulnerable persons. The Subrecipient shall also comply with. §
943.059, Florida Statutes, regarding court-ordered sealing of criminal history
records, and § 943.0585, Florida Statutes, regarding court-ordered expunction of
criminal history records,as may be applicable.
The Subrecipient• agrees to ensure that employees, volunteers, subcontracted
personnel and independent contractors who work with vulnerable persons
satisfactorily complete and pass Level 2 background screenings before working or
volunteering with any vulnerable population. The Subrecipient shall furnish Miami-
Dade County with proof that employees, volunteers, subcontracted personnel, and
independent contractors who work with vulnerable persons, satisfactorily passed
Level 2 background screening pursuant to Charter 435 Florida Statutes, as may be
amended from time to time.
If the Subrecipient fails to furnish to Miami-Dade County proof that an employee,
volunteer, subcontractor or independent contractor's Level 2 ..or other required
background screening was satisfactorily passed and completed prior to that
employee, volunteer, subcontractor or independent contractor working or
volunteering with or in the vicinity of a vulnerable person or vulnerable persons,
Miami-Dade County shall not disburse any further funds and this Agreement may be
subject to termination at the sole discretion of the Grantee.
SIGNATURES CONTINUE ON NEXT PAGE
CoC Grant#FL0177L4D001306,City of Miami Beach, City of Miami Beach Outreach Page 32
IN WITNESS WHEREOF,the parties have caused this thirty-three f 33 page Agreement to be
executed by their respective and duly authorized officers the day and year first above written.
WITNESSES: ENTITY:
1. Subrecipient: C 1'4 C)t/— e qc,t
(Signature) Print full n e of Organization)
C �
(Print Witness Name) 1(SignaM-re)
2. T1 Lvvv uf L,. vv(-o
(Signature (Print Authorized Signatory)
L A'AN) / o-A u C_ a M C(T-1
(Print Witness Name) (Print Title of Authorized Signatory)
ATTEST. APPROVED AS TO
FORM&LANGUAGE
&POR EXECUTION S. EAL •.�'
1Z
Rsfadl E, Drannd%City C erk « _,,;<...� INCORP ORATED-
City Atkw@ey Date •'`
Cy 26�
ATTEST: Miami-Dade County,a political subdivision of
e,na,m The State of Florida
a,
e,
HARVEY RUVIN,CLE ;�X: ; .
BY: � �; o
a;
Deputy Clerk ®. ''..a ` ' �m Carlos A.Gimenez,Mayor
f' ee�
ooeo�� aaneas.ma��ee
Date
See attached memorandum dated($1%\2kA )approved as to form and legal sufficiency
Resolution#R-SBS-13
CoC Grant#FL0177L4D001306,City of Miami Beach,City of Miami Beach Outreach Page 33
e>
MOT U= J90-103
E `
United States Department of. Hous.ing and
Urban Development (US IUD
2013 Continuum Of Care Program Grant Agreement
and Federal Register 24 CFR Part 578
ATTACHMENT A "US HUD CoC Program Grant Agreement and 24 CFR Part 578
Tax ID Number: 59-6000573
Grant Number: FL0I 77L4D001306
DUNS Number: 004148292
EXHIBIT 2
SCOPE OF WORK for FY2013 COMPETITION
1. This Agreement is governed by the Continuum of Care program Interim Rule attached
hereto and made a part hereof as Exhibit la. Upon publication for effect of aFinal 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 FY2013 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 $65212 for project number FLO1-77L4D00-1306. In accordance with 24 CFR
578.105(b), Recipient is prohibited from tizoving 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
i. Tenant-based rental assistance $
ii. Project-based rental assistance $
ill. Sponsor-based rental assistance $
g. Supportive services $ 60946
h. Operating costs $ 0
i. HMIS $ 0
j. Administration $ 4266
vnvw.hud.gov espanol.hud.gov Page 1
This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Dousing and Urban Development
By:
Signature)
Ann D. Chavis, Director
(Typed Name and Title)
June 20, 2014
(Date)
RECIPIENT
Miami-Dade County
(Name of Organization)
By:
(Signature of A thorized Official)
Carlos Gimenez, County Mayor
(Typed Name and Title of Authorized Official)
4(J;
l
(Date)
Elizabeth Regalado,Acting Executive Director
Miami-Dade County Homeless Trust
ers @miamidade.gov
Telephone: (305) 375-1490
www.hud.gov espanol.hud.gov Page 3
5 P�� REC��1�
1� LITT ERA v
SCRIPTA ''JO
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ISTER
F E ru'F� E A L . EU'
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Vol. 77 Tuesday,
No. 147 July 31 , 2012
Part it
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
a .
45422 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
DEPARTMENT OF HOUSING AND docket number and title.There are two Federal Relay Service at 800-877-8339
URBAN DEVELOPMENT methods for submitting public (this is a toll-free number).
comments.All submissions must refer SUPPLEMENTARY INFORMATION:
24 CFR Part 578 to the above docket number and title.
[Docket No.FR-5476-1-01]
1. Submission of Comments by Mail. Executive Summary
Comments may be submitted by mail to purpose of and Legal Authority for This
RIN 2506—AC29 the Regulations.Division,Office of Interim Rule
General Counsel,Department of This interim rule implements the
Homeless Emergency Assistance and Housing and Urban Dement,451
Rapid Transition to Housing: 7th Street SW.,Room Continuum of Care program authorized
Continuum of Care Program Washington,DC 20410-0500. by the Homeless Emergency Assistance
and Rapid Transition to Housing Act of
AGENCY: Office of the Assistant 2.Electronic Submission of
Secretary or Community Planning and Comments.Interested persons may 2009(HEARTH Act). Section 1504 of
y y submit comments electronically through the HEARTH Act directs HUD to
Development,HUD. establish regulations for this program.
ACTION:Interim rule. the Federal eRulemaking Portal at
v�rww.regulatio��s.gov.HUD strongly (See 42 U.S.C. 11301.)The purpose of
SUMMARY:The Homeless Emergency encourages commenters to submit the Continuum of Care program is to
Assistance and Rapid Transition to comments electronically.Electronic promote communitywide commitment
Housing ct of 2009(HEARTH Act), submission of comments allows the to the goal of ending homelessness;
g commenter maximum time to prepare - provide funding for efforts by nonprofit
enacted into law on May 20,2009, y providers,and State and local
consolidates three of the separate and submit a comment,ensures timel
homeless assistance programs receipt by HUD,and enables HUD to governments to quickly rehouse
administered by HUD under the make them immediately available to the homeless individuals and families while
McKinney-Vento Homeless Assistance public.Comments submitted minimizing the trauma and dislocation
Act into a single grant program,and electronically through the caused to homeless individuals,
iv
.revises the Emergency Shelter Grants ww .regulations.gov Web site can be families,and communities
program and renames it the Emergency viewed by other commenters and homelessness;promote access to and
Solutions Grants program.The HEARTH interested members of the public. effective utilization of mainstream
Act also codifies in law the Continuum Commenters should follow the programs by homeless individuals and
of Care planning process,a longstanding instructions provided on that site to families;and optimize self-sufficiency
part of HUD's application process to submit comments electronically. among individuals and families
experiencing homelessness.
assist homeless persons by providing Note:To receive consideration as public The HEARTH Act streamlines HUD's
greater coordination in responding to comments,comments must be submitted homeless grant programs by
their needs.The HEARTH Act also through one of the two methods specified consolidating the Supportive Housing,
directs HUD to promulgate regulations above.Again,all submissions must refer to
for these new programs and processes. the docket number and title of the rule. Shelter Plus Care,and.Single.Room
This interim rule focuses on No Facsimile Comments.Facsimile Occupancy grant programs into one
regulatory implementation of the (FAX)comments are not acceptable. grant program:The Continuum of Care
Continuum of Care program,including Public Inspection of Public program.Local continuums of care,
the Continuum of Care planning Comments.All properly submitted which are community-based homeless
process.The existing homeless comments and communications assistance program planning networks,
assistance programs that comprise the submitted to HUD will be available for will apply for Continuum of Care grants.
Continuum of Care program are the public inspection and copying between By consolidating homeless assistance
following:the.Supportive Housing 8 a.m.and 5 p.m..weekdays at the above grant programs and creating the
program,the Shelter Plus Care program, address.Due to security measures at the Continuum o planning process,
Act intended to increase
and the Moderate Rehabilitation/Single HUD Headquarters building,an advance the HEARTH Act
Room Occupancy(SRO)program.This appointment to review the public the efficiency and effectiveness
rule establishes the regulations for the comments must be scheduled by calling coordinated,community-based systems
that provide housing and services the
Continuum of Care program,and, the Regulations Division at 202 708—
through the establishment of such 3055 (this is not a toll-free number). homeless.Through this interim final
regulations,the funding made available Individuals with speech or hearing rule,HUD will implement the
for the Continuum of Care program in impairments may access this number Continuum of Care program by
the statute appropriating Fiscal Year through TTY by calling the Federal establishing the framework for
(FY) 2012 funding for HUD can more Relay Service at 800-877-8339.Copies establishing local continuum of care
quickly be disbursed,consistent with of all comments submitted are available and the process ss for applying for
the HEARTH Act requirements,and for inspection and downloading at Continuum of Care grants.
avoid any disruption in current www.regulations.gov. Summary of-Major Provisions
Continuum of Care activities. - FOR FURTHER INFORMATION CONTACT:Ann The major provisions of this
DATES:Effective Date:August 30,2012. -Marie Oliva,Director,Office of Special rulemaking relate to how to establish
Comment Due Date,October 1,2012. Needs Assistance Programs,Office of and operate a Continuum of Care,how
ADDRESSES:Interested persons are Community Planning and Development, to apply for funds under the program,
invited to submit comments regarding Department of Housing and Urban . and how to use the funds for projects
this rule to the Regulations Division, Development,451 7th Street SW., approved by HUD. These provisions are
Office of General Counsel,451 7th Washington,DC 20410-7000;telephone summarized below.
Street SW.,Room 10276,Department of number 202-708-4300(this is not a toll- 1. General Provisions(Subpart A):
Housing and Urban Development, free number).Hearing-and speech- The Continuum of Care program
Washington,DC 20410-0500. impaired persons may access this includes transitional housing,
Communications must refer to the above number through TTY by calling the permanent supportive housing for
Federal Register/Vol. 77, No. 147/Tuesday, July.31, 2012/Rules and Regulations 45423 ,
disabled persons,permanent housing, by statute,HUD has developed a and suitable dwelling size, assessing
supportive services,and Homeless formula for determining award amounts supportive services on an ongoing basis,
Management Information Systems that includes the following factors:A initiating and completing approved
Toim implement the program, Continuum's Preliminary Pro Rata Need activities and projects within certain
(HMIS)., p P o
HUD had to define several key terms.In (PPRN)amount;renewal demand;any timelines,and providing a formal
particular,HUD distinguishes between additional increases in amounts for process for termination of assistance to
"Continuum of Care," "applicant,"and leasing,rental assistance,and operating -participants who violate program
- "collaborative applicant. A costs based on Fair Market Rents,
-requirements or conditions of
"Continuum of Care" is a geographically planning and Unified Funding Agency occupancy.
based group of representatives that cost funds,and amounts available for 7. Grant Administration (Subpart G):
carries out the planning responsibilities bonus dollars.HUD has established To effectively administer the grants,
of the Continuum of Care program,as selection criteria for determining which HUD will provide technical assistance
set out in this regulation.These applications will receive funding under to those who apply for Continuum of
representatives come from organizations the Continuum of Care program. Care funds,as well as those who are
that provide services to the homeless,or Recipients awarded Continuum of Care selected for Continuum of Care funds.
represent the interests of the homeless funds must satisfy several conditions After having been selected for funding,
recipients must satisfy.certain
grant
or formerly homeless.A Continuum of prior to executing their grant o •
Care then designates certain agreements.All grants submitted for HUD d an_assess ecom requirements
nce with the
"applicants"as the entities responsible renewal must also submit an annual ro ram requirements.For an
for carrying out the projects that the performance report.For those P, g q y
Continuum has identified through its applicants not awarded funding,the amendments to grants after the funds
planning responsibilities.A process also provides an appeals have been awarded,HUD has
"Continuum of Care"also designates process. established a separate amendment
one particular applicant to be a 4.Program Components and Eligible procedure.As appropriate,HUD has
"collaborative applicant."The Costs(Subpart D):Continuum of Care also established sanctions to strengthen
collaborative applicant is the only entity funds may be used for projects under its enforcement procedures.
that can apply for a grant from HUD on five program components:Permanent Benefits and Costs
behalf of the Continuum that the housing,transitional housing,
collaborative applicant represents. supportive services only,HMIS,and,in This iziterim rule is intended to help
2.Establishing and Operating a some limited cases,homelessness respond to and work toward the goal of
Continuum of Care(Subpart B):In order prevention.The rule further clarifies eliminating homelessness.This interim
rule provides eater clarity and
to be eligible for funds under the how the following activities are P gT y
costs under the guidance about planning and
considered eligible
Continuum of Care program, p g performance review to the more than
representatives from relevant Continuum of Care ro ram:Continuum
organizations within a geographic area of Care planning activities,Unified 430 existing Continuums that
span all`50 states and 6 Unini Care
States
must establish a Continuum of Care. Funding Agency costs,acquisition, territories.As reported in HUD's Annual
The three major duties of a Continuum rehabilitation,new construction, Homelessness Assessment Report to
of Care are to: (1)Operate the leasing,rental assistance,supportive Congress,there were approximately 1.59
Continuum of Care, (2) designate an services, operating costs,HMIs,project . million homeless persons who entered
HMIS for the Continuum of Care,and administrative costs,relocation costs, P
emergency shelters or transitional
(3)plan for the Continuum of Care.HUD and indirect costs.
Communities housing.in FY 2010.HUD serves
5.High-Performing
has delineated certain operational
requirements of each Continuum to help (Subpart E):HUD will annually,subject roughly half that many persons,nearly
measure a Continuum's overall to the availability of appropriate data, 800,000 annually,through its three
performance at reducing homelessness,
select those Continuums of Care that programs that will be consolidated into
in addition to tracking of performance best meet application requirements to be the Continuum of Care program under
on a project-by-project basis.In o the McKinne Vento Act as amended by
designated a high-performing y
addition,each Continuum is responsible community(HPC). An HPC may use the HEARTH Act(i.e., Shelter Plus Care,
rant funds to provide housing Supportive Housing Program,Single
for establishing and operating a g P Room Occupancy).The changes
centralized or coordinated assessment relocation and stabilization services, P y) cap g
system that will provide a and short-and/or medium-term rental initiated by this interim rule will
comprehensive assessment of the needs assistance to individuals and families at encourage Continuums of Care to
of individuals and families for housing risk of homelessness.This is the only eroceduresrinclpdin levaluat on f the
and services.HUD has also defined the time that Continuum of Care funds may effectiveness of their projects,b
minimum planning requirements for a be used to serve individuals and P ) y
Continuum so that it coordinates and families at risk of homelessness. emphasizing performance measurement
implements a system that meets the 6.Program Requirements(Subpart F): and developing performance targets for
needs of the homeless population All recipients of Continuum of Care homeless populations.HUD is confident
within its geographic area.Continuums funding must comply with the program that this systematic review by
are also responsible for preparing and regulations and the requirements of the Continuums of Care will lead to better
overseeing an application for funds. Notice of Funding Availability that HUD use of limited resources acid more .
Continuums will have to establish the will issue each year.Notably,the efficient service models,with the end
funding priorities for its geographic area HEARTH Act requires that all eligible result of preventing and ending
when submitting an application. funding costs,except leasing,must be homelessness.
3.Application and Grant Award matched with no less than 25 percent The Consolidated and Further
Process(Subpart C):The Continuum of cash or in-kind match by the Continuing Appropriations Act, 2012
Care grant award process begins with a Continuum.Other program (Pub.L. 112-55) appropriated
determination of a Continuum's requirements of recipients include: $1,593,000,000 for the Continuum of
maximum award amount. As directed Abiding by housing quality standards Care and Rural Housing Stability
a 45424 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
Assistance programs.Upon publication established the-program requirements II.Overview of Interim Rule .
of this rule,those FY 2012 funds will be for the Emergency Solutions Grants As amended by the HEARTH Act,
available for distribution,as governed program and contained corresponding Subpart C of the McKinney-Vento
by these Continuum of Care regulations. amendments to the Consolidated Plan Homeless Assistance Act establishes the
I.Background—HEARTH Act regulations.On December 9,2011,HUD Continuum of Care program.The
continued the process to implement the purpose of the program is to promote
On May 20,2009,the President .HEARTH Act,with the f i zn�
ublicaton o
signed into law"An Act to Prevent p communityide_commitment to the
si
g the proposed rule titled"Homeless goal of ending homelessness;provide
Mortgage Foreclosures and Enhance Management Information Systems funding for efforts by nonprofit
Mortgage Credit Availability,"wThich Requirements" (76 FR 76917),which providers,and State and local
became Public Law 111-22.This law provides for uniform technical governments to.quickly rehouse
implements a variety of measures requirements for Homeless Management homeless individuals and families while
directed toward keeping individuals Information Systems(HMIS),for proper minimizing the trauma and dislocation
and.families from losing their homes.
Division B of this law is the HEARTH data collection and maintenance of the caused to homeless individuals,
Act,which consolidates and amends database,and ensures the families,and communities by
three separate homeless assistance confidentiality of the information in the homelessness;promote access to and.
programs carried out under title IV of database.Today's publication of the effective utilization of mainstream
the McKinney-Vento.Homeless interim rule for the Continuum of Care programs by homeless individuals and
Assistance Act(42 U.S.C."11371 et seq.) program continues HUD's families;and optimize self-sufficiency
(McKinney-Vento Act)into a single implementation of the HEARTH Act. among individuals and families
grant program that is designed to This rule establishes the re a ulato
r y experiencing homelessness.
a
This interim rule establishes the
improve administrative efficiency and
framework for the Continuum of Care Continuum of Care as the Tannin god
enhance response coordination and and the Continuum of Care planning y
effectiveness in addressing he needs of program. responsible for meeting the goals of the
g planning process,including Continuum of Care program.
homeless persons.The HEARTH Act requirements applicable to the Additionally,in order to meet the
codifies in law and enhances the establishment of a Continuum of Care.
Continuum of Care planning process, purpose of the HEARTH Act,
the coordinated response to addressing Prior to the amendment of the established in section 1002(b),and the
McKinney-Vento Act by the HEARTH goals of"Opening Doors:Federal
the needs of the homeless,which was Act,HUD's competitively awarded Strategic Plan to Prevent and End
established administratively by HUD in homeless assistance grant funds were Homelessness," the Continuum of Care
1995.The single Continuum of Care awarded to organizations that must be involved in the coordination of
program established by the HEARTH
Act consolidates the following participate in local homeless assistance other funding streams and resources—
programs:The Supportive Housing program planning networks referred to federal,local, or private of targeted.
program,the Shelter Plus Care program, as a Continuum of Care,a system homeless programs and other
and the Moderate Rehabilitation/Single administratively established by HUD in mainstream resources. In many
Room Occupancy program.The 1995.A Continuum of Care is designed communities,the Continuum of Care is
Emergency Shelter Grants program is to address the critical problem of the coordinating body,while in other
renamed the Emergency Solutions homelessness through a coordinated . communities it is a local Interagency
Grants program and is revised to community-based process of identifying Council on Homelessness (both would
broaden existing emergency shelter and needs and building a system of housing be acceptable forms of coordination
homelessness prevention activities and and services to address those needs.The under this interim rule). As noted
to add short-and medium-term rental approach is predicated on the earlier,HUD published on December 9,
assistance and services to rapidly understanding that homelessness is not 2011,a proposed rule to establish 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 involves a variety of underlying,unmet HEARTH Act.However,while the
Stability program to replace the Rural needs—physical,economic,and social. HEARTH Act directed that regulations
Homelessness Grant program. The HEARTH Act not only codified in..be established for HMIS,HMIS is not
HUD commenced the process to law the planning system known as new to.many HUD grantees.Until
implement the HEARTH Act with Continuum of Care,but consolidated'the regulations for HMIS are promulgated in
rulemaking that focused on the three existing competitive homeless final,grantees should continue to follow
definition of"homeless."HUD assistance grant programs (Supportive HUD's existing HMIS instructions and
published a proposed rule,entitled - guidance.
"Defining Homeless"on April 20,2010 Housing, Shelter Plus Care,and Single Room Occupancy)i The following provides an overview
(75 FR 20541),which was followed by into the single grant of the proposed rule.
a final rule that was published on program known as the Continuum of
December 5,2011 (76.FR 75994).The Care program.The consolidation of the General Provisions(Subpart A)
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 funding to
disability."In addition,the Defining process are intended to increase the quickly rehouse homeless individuals
Homeless rule included recordkeeping efficiency and effectiveness of the (including unaccompanied youth) and
requirements related to the"homeless" coordination of the provision of housing families while minimizing trauma and
definition.On December 5, 2011,HUD and services to address the needs of the dislocation to those persons; promote
also published an interim rule for the homeless.The regulations established access to,and effective utilization of,
Emergency Solutions Grants program by this rule are directed to carrying out mainstream programs;and optimize
(76 FR 75954).This interim rule this congressional intent. self-sufficiency among individuals and
Federal Register/Vol. 77, No. 147/.T uesday' July-31, 2012/Rules and Regulations 45425
families experiencing homelessness. Continuum.HUD highlights that the Act organized to carry out the
The program is composed of transitional does not contain different definitions for responsibilities required under this part
housing, permanent supportive housing ``applicant" and"collaborative and that is composed of representatives
g' p er pp
- for disabled persons,permanent applicant."HUD distinguishes between of organizations including nonprofit
housing, supportive services;and HMIS. the applicant(s) designated to apply for homeless providers,victim service
Definitions.The interim rule adopts and carry out projects(the"applicant") providers,faith-based organizations,
the definitions of"developmental and the collaborative applicant governments,businesses,advocates,
disability," "homeless," "homeless designated to apply for a grant on behalf public housing agencies,school
individual,"and"homeless person" of the Continuum of Care(the districts,social service providers,
established by the December 5,2011 "collaborative applicant").Please see mental health agencies,hospitals,
Defining Homeless final rule.Public below for more information on the universities,affordable housing
comments have already been solicited definition of a collaborative applicant, developers,law enforcement,
and additional public comment is not which is the only entity that may apply organizations that serve homeless and
solicited through this rule.The for and receive Continuum of Care formerly homeless veterans,and
December 5, 2011,final rule was planning funds. homeless and formerly homeless
preceded by an April 20,2010, Centralized or coordinated persons.These organizations consist of
proposed rule,which sought public' assessment system is defined to.mean a the relevant parties in the geographic
comment on these definitions.The final centralized or coordinated process area. Continuums are expected to
definitions of these terms took into designed to coordinate program include representation to the extent that
consideration the public comments participant intake,assessment,and the type of organization exists within
received on the proposed definitions as provision of referrals.A centralized or the geographic area that the Continuum
set out in the April 20,2010,proposed coordinated assessment system covers represents and is available to participate
rule.This interim rule adopts the - the geographic area,is easily accessed in the Continuum. For example,if a
definition of"at risk of homelessness" by individuals and families seeking Continuum of Care did not have a
established by the December 5,2011, housing or services,is well advertised, university within its geographic
the Emergency Solutions Grants and includes a comprehensive and boundaries,then HUD would not expect
program interim rule.The interim rule standardized assessment tool.This the Continuum to have representation
sought public comment on this definition establishes basic minimum from a university within the
definition, and additional public requirements for the Continuum's Continuum.
comment is not being sought through centralized or coordinated assessment These organizations carry out the
this rule. system. responsibilities and duties established
HUD received valuable public Collaborative applicant is defined to under Subpart B of this interim rule.
comment on the definition of mean an eligible applicant that has been The Continuum of Care,as noted above,
"chronically homeless,"through the designated by the Continuum of Care to carries out the statutory duties and
public comment process on the apply for a grant for Continuum of Care responsibilities of a collaborative
Emergency Solutions Grants program planning funds on behalf of the applicant.HUD established the
interim rule.Based on public comment, Continuum.As discussed above,the Continuum of Care in 1995.Local
this rule for the Continuum of Care "applicant"is the entity(ies)designated grantees and stakeholders are familiar
program is not adopting the full to apply for and carry out projects on
p � p g with the Continuum of Care as the
definition of"chronically homeless" behalf of the Continuum.In contrast to coordinating body for homeless services
that was included in the-conforming the definition of applicant above,the and homelessness prevention activities
amendments to the Consolidated Plan collaborative applicant applies for a across the geographic area.
that were published as a part of the grant to carry out the planning activities Consequently,HUD is maintaining the
Emergency Solutions Grants program on behalf of the Continuum of Care.The Continuum of Care terminology, and the
rule. Commenters raised concerns with interim rule simplifies the statutory rule provides for the duties and
the meaning of the phrase"where each language in order to make the responsibilities of a collaborative
homeless occasion was at least 15 Continuum of Care planning process applicant to be carried out under the
days."The concerns raised about this clear. name Continuum of Care..
phrase,used for the first time in a HUD highlights that its definition of High-performing cCare.. is
definition of"chronically Homeless," collaborative applicant does not track g ty
has caused HUD to reconsider the statutory definition,which is found defined to mean the geographic area
proceeding to apply a definition that in section 401 of the McKinney-Vento under hathaslbeen designated as a high-
includes f
this phrase,without further Act.As will be discussed in further
consideration and opportunity for detail later in this preamble,the concept performing community by HUD.Section
comment. In this rule,HUD therefore of collaborative applicant,its duties and 424 of the McKinney-Vento Act
amends the definition of"chronically functions,as provided in the statute,is provides that HUD shall designate,on
homeless" in the Consolidated Plan provided for in this rule.However,HUD an annual basis,which collaborative
regulations to strike this phrase.The uses the term Continuum of Care to refer applicants represent high-performing
removal of this phrase returns the to the organizations that carry out the communities. Consistent with HUD's of
definition to one with which service duties and responsibilities assigned to substitution for"collaborative applicant,"o inu the
providers are familiar.The following the collaborative applicant,with the
highlights key definitions used in the exception of applying to HUD for grant definition of"high-performing
Continuum of Care program regulations, funds.The clarification is necessary in community"d slfor in this iters Continuums
and HUD solicits comment on these this rule because Continuums of Care P designation
definitions. are not required'to be legal entities,but of Care that represent geographic areas
Applicant is defined to mean an HUD can enter into contractual designated as high-performing
entity that has been designated by the agreements with legal entities only. communities. The standards for
Continuum of Care as eligible to apply Continuum of Care and Continuum becoming a high-performing community
for assistance on behalf of that are defined to mean the group that is can be found in §578.65 of this interim
45426 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
rule and will be discussed later in this Specific request for comment.HUD fewer persons, and provide low-demand
preamble. specifically requests comment on services and referrals for the residents.
Private nonprofit organization is requiring a lease for a term of at least Subrecipient is defined to mean a
based on the statutory definition for one year to be considered permanent private nonprofit organization, State or
"private nonprofit organization."The housing. local government, or instrumentality of.
term"private nonprofit organization"is Project is consistent with the statutory a State or local government that receives
defined in section 424 of the McKinney- definition of project in section 401 of a subgrant from the recipient to operate
Vento Act as follows:"The term`private the McKinney-Vento Act,but does not a project.The definition of
nonprofit organization'means an track the statutory language.Section 401 "subrecipient"is consistent with the
organization:`(A)No part.of the net defines"project"as,with respect to definition of"project sponsor"found in
earnings of which inures to the benefit activities carried out under subtitle C, section 401 of the McKinney-Vento Act,
of any member,founder,contributor,or eligible activities described in section but does not track the statutory
individual; (B)that has a voluntary 423(a),undertaken pursuant to a language.To be consistent with the
board; (C)that has an accounting specific endeavor, such as serving a .Emergency Solutions Grants program
system,or has designated a fiscal agent particular population or providing a regulation,and also to ensure that the
in accordance with requirements particular resource. In HUD's-definition relationship between the recipient and
established by the Secretary;and(D) of"project"in this interim rule,the subrecipient is clear,HUD is using the
that practices nondiscrimination in the eligible activities described in section term subrecipient;instead of project
provision of assistance.'"In HUD's 423(a) of the McKinney-Vento Act have sponsor,throughout this regulation.
regulatory definition of"private been identified.In the regulatory text, Transitional housing is based on the
nonprofit organization,"HUD.clarifies HUD has clarified that it is a group of definition of"transitional housing"in
one or more of these eligible costs that section 401 of the McKinney-Vento Act,
that the organizations accounting are identified as a project in an as follows: "The term`transitional
system must be functioning and
operated in accordance with generally application to HUD for Continuum of housing'means housing,the purpose of
accepted accounting principles.HUD Care funds. which is to facilitate the movement of
has included this language to make Recipient is defined to mean an individuals and families experiencing
applicant that signs a grant agreement homelessness to permanent housing
certain that accounting systems are with HUD.HUD's definition of within 24 months or.such longer period
workable and abide by definite,accurate ,recipient"is consistent with the as the Secretary determines necessary."
standards.As reflected in the statutory statutory definition of"recipient,"but The definition has been expanded to
definition of"private nonprofit does not track the statutory language. distinguish this type of housing from
organization,"HUD may establish Section 424 of the McKinney-Vento Act emergency shelter.This distinction is
requirements for the designation of a defines"recipient"as"an eligible entity necessitated by 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 with generally accepted sponsor for the projects;or(ii)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 selected by 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 can do with grant funds. capacity to carry out the duties
states:"The term`permanent housing' Safe haven is based on the-definition delegated to a UFA in this rule,which
means community-based housing of safe haven in the McKinney-Vento is approved by HUD and to which HUD
without a designated length of stay,and Act prior to amendment by the awards a grant.HUD's regulatory
includes both permanent supportive HEARTH Act.Although no longer used definition of UFA departs slightly from
housing and rapid re-housing." in statute,HUD's position is that the the statutory definition.The statutory
Additionally,in the regulatory term remains relevant for definition refers to the collaborative
definition of"permanent housing," implementation of the Continuum of applicant. The differences between the
HUD clarifies that to be permanent Care program and,therefore,HUD statutory definition and HUD's
housing,"the program participant must proposes to include the term in the regulatory definition reflect HUD's
be the tenant on a lease for a term of at Continuum of Care program regulations. substitution of Continuum of Care for
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
must be renewable for terms that are a person is chronically homeless.The Establishing and Operating the
minimum of one month long.HUD has housing must serve hard-to-reach Continuum of Care(Subpart B)
determined that requiring a lease for a homeless persons with severe mental In general.The statutory authority for
term of at least one year that is illness who came from the streets and the Continuum of Care program is
renewable and terminable only for have been unwilling or unable to section 422 of the McKinney-Vento Act.
cause,assists program participants in participate in supportive services.In As stated under section 1002 of the
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 of the HEARTH Act is to codify the
These requirements are consistent with for an unspecified period,have an Continuum of Care planning process.
Section 8 requirements. overnight capacity limited to 25 or Consequently,under this interim rule,
Federal Register/Vol.. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45427
HUD focuses on the rules and Continuum.HUD requires two inclusive and fair.HUD has established
responsibilities of those involved in the characteristics for all board eight duties required of the Continuum
Continuum of Care planning process compositions.These characteristics are necessary to effectively operate the
and describes how applications and that the Board must be representative of Continuum of Care.HUD has
grant funds will be processed. the subpopulations of homeless persons established the specific minimum
As discussed earlier in the preamble, that exist within the geographic area, standards for operating and managing a
HUD's interim rule provides for the and include a homeless or formerly Continuum of Care for two main
duties and functions of the collaborative homeless person. Continuums will have reasons.First,the selection criteria
applicant found in section 401 of the 2 years from the effective date of the established under section 427 of the
McKinney=Vento Act to be designated to interim rule to establish a board that McKinney-Vento Act require HUD to
the Continuum of Care,with the meets the criteria established in.this measure the Continuum of Care's
exception of applying to HUD for grant section.No board member'may performance in reducing homelessness
funds.HUD chose this approach participate or influence discussions or by looking at the overall performance of
because the Continuum might not be a decisions concerning the award of a the Continuum,as opposed to
legal entity,and therefore cannot enter grant or other financial benefits for an measuring
as performance project by
into enforceable contractual agreements, organization that the member enactment of the HEARTH Act.This
but is the appropriate body for represents.
establishing and implementing HUD is considering four additional Continuum of Care performance
decisions that affect the entire characteristics for all board approach results in cooperation and
geographic area covered by_the compositions for incorporation in the coordination among providers.Second,
Continuum, including decisions related final rule.HUD did not implement them- because Continuums of Care will have
to funding.This approach allows the at this stage in order to seek public grants of up to 3 percent of Final Pro
Continuum to retain its duties related to comment prior to implementing them as Rata Need(FPRN)to be used for eligible
planning and prioritizing need requirements.HUD proposes that all Continuum of Cale planning costs,HUD
(otherwise designated by statute to the boards must have a chair or co-chairs; is requiring more formal decision-
collaborative applicant),while the be composed of an uneven number, making and operating standards for the
authority to sign a grant agreement with serving staggered terms;include Continuum of Care.This requirement
HUD is designated to an eligible ectorslandoinclud public emberpfrom at appropriate funding to support planning
applicant that can enter into a
contractual agreement.All of the duties least one Emergency Solutions_Grants costs.
assigned to the Continuum are based on program(ESG)recipient's agency One of the duties established in this
the comparable duties of section 402(f) located within the Continuum's interim rule is the requirement that the
of the McKinney-Vento Act. geographic.area.HUD is requesting Continuum establish and operate a
Subpart B n the interim rule comment on all of these proposed centralized or coordinated assessment
identifies how Continuums of Care are requirements;however,HUD system that provides an initial,
established,as well as the required specifically requests comments from comprehensive assessment of the needs
duties and functions of the Continuum Continuums of Care and ESG recipients of individuals and families for housing
of Care. on the requirement that the Board and services.As detailed in the
Establishing the Continuum of Care. include an ESG recipient as part of its Emergency Solutions Grants program
In order to be eligible for funds under membership.HUD invites ESG interim rule published on December 5,
the Continuum of Care program,. recipients and Continuums to share 2011,through the administration of the
representatives from relevant challenges that will be encountered RapidRe-Housing for Families
and the
organizations within a geographic area when implementing this requirement. Demonstration program
Re-
must establish a Continuum of Care. As Ensuring that ESG recipients are Homelessness Prevention and Rapid Re-
discussed earlier in this preamble,this represented on the Board is important to Housing program,as well as best
body is responsible for carrying out the HUD;therefore,in communities where practices identified in communities,
duties identified in this interim ESG recipients and/or Continuums do HUD has learned that centralized or
regulation.Representatives.from not feel this requirement is feasible, coordinated assessment systems are
relevant organizations include nonprofit HUD asks commenters to provide important in ensuring the success of
homeless assistance providers,victim 'suggestions for how ESG recipients can homeless assistance and homeless
service providers,faith-based be involved in the Continuum at one of prevention programs in communities.In
organizations,governments,businesses, the core decision-making levels. particular,such assessment systems
advocates,public housing agencies, Responsibilities of the Continuum of help communities systematically assess
school districts,social service providers, Care.The interim rule establishes three the needs of program participants and
mental health agencies,hospitals, major duties for which the Continuum effectively match each individual or
universities,affordable housing of Care is responsible:To operate the family with the most appropriate
developers,law enforcement,and Continuum of Care,to designate an resources available to address that
organizations that serve veterans and HMIS for the Continuum of Care,and to individual or family's particular needs.
homeless and formerly homeless plan for the Continuum of Care. Therefore,HUD has required,through
individuals.Where these organizations This section of the interim rule this interim rule,each Continuum of
are located within the geographic area establishes requirements within these are to develop lop and aped assessment
served by the Continuum of Care,HUD three major duties.
expects a representative of the Operating the Continuum of Care.The system for its geographic area. Such a
organization to be a part of the interim rule provides that the system must be designed locally in
Continuum of Care. Continuum of Care must abide by response to local needs and conditions.
Specific request for comment.HUD certain operational requirements.These For example,rural areas will have
specifically requests comments on requirements will ensure the effective significantly different systems than
requiring Continuums of Care to have a management of the Continuum of Care urban ones.While the common thread
board that makes the decisions for the process and ensure that the process is 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 when administering assistance under
detail,and use of that tool will vary victim service providers with this part.These requirements,
from one community to the next.Some centralized assessment teams. established in consultation with
examples of centralized or coordinated HUD invites suggestions for ensuring recipients of Emergency Solutions
assessment systems include:A central that the requirements it imposes Grants program funds within the
location or locations within a regarding centralized or coordinated geographic area,are intended to
geographic area-where individuals and assessment systems will best help coordinate service delivery across the
families must be present to-receive communities use their resources geographic area and assist Continuums
homeless services; a 211 or other hotline effectively and best meet the needs of all of Care and their recipients in .
system that screens and directly families and individuals who need evaluating the eligibility of individuals
connects callers to appropriate homeless assistance. Questions that HUD asks and families consistently and
housing/service providers in the area;a commenters to specifically address are: administering assistance fairly and
"no wrong door"approach in which a - What barriers to accessing housing/ methodically.The written standards can
homeless family or individual can show services might a centralized or be found in§578.7(a)(9) of this interim
up at any homeless service provider in coordinated intake system pose to rule.
the geographic area but is assessed using victims of domestic violence?How can Designating and operating an HMIS.
the same too_1 and methodology so that those barriers be eliminated?What The Continuum of Care is responsible
referrals are consistently completed specific measures should be for designating an HMIS and an eligible
across the Continuum of Care;a implemented to ensure safety and applicant to manage the HMIS,
specialized team of case workers that confidentiality for individuals and consistent with the requirements,which
provides assessment services to families who are fleeing or attempting to will be codified in 24 CFR part 580.
providers within the Continuum of flee domestic violence situations?How This duty is listed under section
Care; or in larger geographic areas,a should those additional standards be 402(f)(2) of the McKinney-Vento Act.In.
regional approach in which"hubs"are implemented to ensure that victims of addition,the Continuum is responsible
created within smaller geographic areas. domestic violence have immediate for reviewing,revising,and approving a
HUD intends to develop technical access to housing and services without privacy plan,security plan,and data
assistance materials on a range of increasing the burden on those victims? quality plan for the HMIS and ensuring
centralized and coordinated assessment For communities that already have consistent participation of recipients
types,including those most appropriate centralized or coordinated assessment. and subrecipients in the HMIS.
for rural areas. systems in place,are victims of Continuum of Care planning.The
HUD recognizes that imposing a domestic violence and/or domestic Continuum is responsible for
requirement for a centralized or violence service providers integrated coordinating and implementing a
coordinated assessment system may into that system?Under either scenario system for its geographic area to meet
have certain costs and risks.Among the (they are integrated into an assessment the needs of the homeless population
risks that HUD wishes specifically to process or they are not integrated into and subpopulations within the
address are the risks facing individuals it),how does your community ensure geographic area.The interim rule
and families fleeing domestic violence, the safety and confidentiality of this defines the minimum requirements for
dating violence,sexual assault,and population,as well as access to this systematic approach under
stalking.In developing the baseline homeless housing and services?What §578.7(c)(1),such as emergency
requirements for a centralized or HUD-sponsored training would be shelters,rapid rehousing,transitional
coordinated intake system,HUD is helpful to assist communities in housing,permanent supportive housing,
considering whether victim service . completing the initial assessment of and prevention strategies.Because there
providers should be exempt from victims of domestic violence in a safe are not sufficient resources available
participating in a local centralized or and confidential manner? through the Continuum of Care program
coordinated assessment process,or In addition to comments addressing to prevent and end homelessness,
whether victim service providers should the needs of victims of domestic coordination and integration of other
have the,option to participate or not. . violence,dating violence,sexual funding streams,including the
Specific request for comment.HUD assault,and stalking,HUD invites Emergency Solutions Grants program
specifically seeks comment from general comments on the use of a and mainstream resources,is integral to
Continuum of Care-funded victim centralized or coordinated assessment carrying out the Continuum of Care
service providers on this question.As system,particularly from those in System.
set forth in this interim rule, each communities that have already HUD has determined that since the
Continuum 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 established by this interim rule,but to
assault,or stalking,but who are seeking 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"-within the Another duty set forth in this part,is the goals of the HEARTH Act,HUD
assessment framework 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-
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45429
coordinated and clear planning process, . designated for funding.The applicant.,For-profit entities are not
which involves the creation of the collaborative applicant will always be eligible to apply for grants or to be
Continuum of Care and the duties the the only applicant that can apply for
subrecipients Se Section 401(10jrof the McKinney-
Continuum of Care will have to fulfill. Continuum of Care planning costs.In Vento Act identifies that collaborative
Other planning duties for Continuums the case that there is one application for applicants may be legal entities,and a
established in this section of the interim projects,the recipient of the funds is PP S g
rule are planning for and conducting at required to have signed agreements v�rith legal entity may include a consortium of
instrumentalities of a State or local
least a biennial-point-in-time count of its subrecipients as set forth in government that has constituted itself as
homeless persons within the geographic §578.23(c),and is required to monitor an entit HUD has not included a
area,conducting an annual gaps and sanction subrecipients in consortium in the list of eligible
analysis of the homeless needs and compliance with§578.107.
services available within the geographic Whether.the Continuum of Care applicants.As noted earlier in this
area,providing information necessary to submits the application or designates an preamble,a Continuum of Care is
eligible applicant to submit the defined to mean a group that is
complete the Consolidated Plan(s) o PP
composed of representatives of
within the geographic area,and application for funding,the Continuum
organizations across the entire
consulting with State and local of Care retains all of its duties.
government Emergency Solutions Unified Funding Agencies.To be geographic area claimed by the
Grants program recipients within the designated as the Unified Funding Continuum of Care.A Continuum is
Continuum of Care on the plan for Agency(UFA)for the Continuum of able to combine more than one
allocating Emergency Solutions Grants Care,the Continuum must select the metropolitan city or county into the
program funds and reporting on and collaborative applicant to apply ply to HUD- geographic area that the Continuum
evaluating the performance of to be designated as the UFA for the represents.In essence,the Continuum of
Emergency Solutions Grants program 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
recipients and subrecipients.
Preparing an application for funds.A determining whether to designate the inclusion of consortiums in the interim
major function of the Continuum of Care collaborative applicant as a UFA.These rule would be redundant.
is preparing and overseeing an standards were developed to ensure that Determining the Continuum's
application for funds under this part. collaborative applicants have the maximum award amount.The total
This section of the interim rule capacity to manage.the grant and carry amount for which a Continuum of Care
establishes the duties of the Continuum out the duties in 578.11(b),and are determined through of our-t p process,
of Care related to the preparation of the described.below.
application.This section of the interim The duties of the UFA established in including the following factors:A
rule establishes that the Continuum is §578.11 are consistent with the duties Continuum's PPRN amount; renewal
responsible for designing,operating, set forth in section 402(g)of the Act. demand;any additional increases in
and following a collaborative process for Even if the Continuum designates a amounts for leasing,rental assistance,
the development of applications,as ell UFA to submit the application for and operating costs based on Fair
v��
as approving the submission FA cost funds;and the amounts
of funding,the Co Continuur of Care retains Market Rents (FMRs);planning and
applications,in response to a NOFA all of its duties.
published by HUD. Remedial actions.Section 402(c)of available for bonus dollars.
t also establish the
The Continuum mus McKinney-Vento Act gives HUD the Using the formula HUD with b
priorities for funding projects within the authority to ensure the fair distribution discussed below,
geographic area and determine the of grant amounts for this program,such . amormtne Continuum of Carection N
number of applications being submitted as designating another body as a
for funding.As previously noted in this collaborative applicant,replacing the 427(b)(2)(B)of the McKinney=Vento Act.
preamble, since the Continuum of Care Continuum of Care for the geographic This amount is the sum of the PPRN
might not be a legal entity,and therefore area,or permitting other eligible entities amounts for each urban titan cl and
may.not be able to enter into a to apply directly for grants.Section insular area claimed b the Continuum
contractual agreement with HUD,the 578.13 of this interim rule addresses the in in Care as art of its geographic area,
Continuum must select one or more remedial actions that may be taken. excluding any countis pplying for,or
eligible applicants to submit an Overview of the Application and Grant receiving funds under the Rural
application for funding to HUD on its Award Process(Subpart C) Housing Stability Assistance program,
behalf.If the Continuum of Care is an
Eligible applicants.Under this interim the regulations for which will be
eligible applicant,the Continuum of
Care may submit an application.If the rule,eligible applicants consist of established in 24 CFR part 579.The
Continuum selects more than one nonprofit organizations,State and local PPRN for each of these areas is based
alities of upon the"need formula" under
application,the Continuum must select governments,and instrument o
one eligible applicant to be the local governments. An eligible applicant §579.17(a)(2)and (3). Under the
collaborative applicant.That applicant must have been designated by the McKinney-Vento Act, HUD is required
will collect and combine the required Continuum of Care to submit an to publish,by regulation,
application information from all of the application for grant funds under this used to establish grant amounts.The
other eligible applicants and for all part. The-Continuum's designation must need formula under§579.17(a)(2) and
projects within the geographic area that state whether the Continuum is (3) satisfies this requirement,and HUD
the Continuum has designated.If only designating more than one applicant to specifically seeks comment on this
one application is submitted by the apply for funds,and if it is,which formula.HUD will announce the PPRN
collaborative applicant,the applicant is being designated the amounts prior to the publication of the on its Web site.
collaborative applicant will collect and collaborative applicant. A Continuum of NO o establish sh the amount on which the
combine the required.application Care that is designating only one HUD will deduct
information from all projects within the applicant for funds must designate that need formula is run,
geographic area that the Continuum has applicant to be the collaborative an amount,which will be published in
.45430 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
the NOFA,to be set aside to provide a items based on changes to the FMRs in the NOFA and award funds to recipients
bonus,and the amount necessary to the geographic area. through a national competition based on
fund Continuum of Care planning Third,HUD will determine the selection criteria as defined in section
activities and UFA costs from the total . Continuum of Care's Final Pro Rata 427 of the McKinney-Vento Act.HUD
funds made available for the program Need (FPRN),which is the higher of: will announce the awards and notify
each fiscal year.On this amount,HUD (1)PPRN,or(2)renewal demand for the selected applicants of any conditions
will use the following process to Continuum of Care.The FPRN imposed on the awards.
establish an area's PPRN.First, 2 establishes the base for the maximum Grant agreements.A recipient of a
percent of the total funds available shall award amount for the Continuum of conditionally awarded grant must
be allocated among the four insular Care. satisfy all requirements for obligation of
areas(American Samoa, Guam,the Fourth,HUD will determine the funds;otherwise,HUD will withdraw
Commonwealth of the Northern maximum award amount.The its offer of the award. These conditions
Marianas,and the Virgin Islands)based maximum award amount for the include establishing site control,
upon the percentage each area received Continuum of Care is the FPRN amount providing proof of match,complying
in the previous fiscal year under section plus any additional eligible amounts for with environmental review under
106 of the Housing and Community Continuum planning;establishing fiscal §578.31,and documenting financial
Development Act of 1974. Second, 75 controls for the Continuum;updates to feasibility within the deadlines under
percent of the remaining funds made leasing,operating,and rental assistance §578.21(a)(3).HUD has included in the
available shall be allocated to line items based on changes to FMR; interim rule the deadlines for conditions
metropolitan cities and urban counties and the availability of any bonus that may be extended and the reasons
that have been funded under the funding during the competition. for which HUD will consider an
Emergency.Solutions Grants program Application process.Each fiscal year, extension.
(formerly known as the Emergency HUD will issue.a NOFA.All The interim rule requires that site
Shelter Grants program) every year since applications,including applications for control be established by each recipient
2004.Third,the remaining funds made grant funds,and requests for receiving funds for acquisition,
available shall be allocated to designation as a UFA or HPC,must be rehabilitation funding,new
Community Development Block Grant submitted to HUD in accordance with construction,or operating costs,or for
(CDBG)metropolitan cities and urban the requirements of the NOFA and providing supportive services.HUD has
counties that have not been funded contain such information as the NOFA determined that the time to establish
under the Emergency Solutions Grants specifies.Applications may request up site control.is 12 months for projects not
program every year since 2004 and all to the maximum award amount for receiving new construction,acquisition,
other.counties in the United States and Continuums of Care. or rehabilitation funding,as stated
Puerto Rico. An applicant that is a State or a unit under section 426(a) of the McKinney-
Recognizing that in some federal Df general local government must have Vento Act,not 9 months as stated under
fiscal years,the amount available for the a HUD-approved,consolidated plan in section 422(d)of the McKinney-Vento
formula may be less than the amount accordance with HUD's Consolidated Act,for projects receiving operating and
required to renew all existing projects Plan regulations in 24 CFR part 91.The supportive service funds.HUD's
eligible for renewal in that year for at applicant must submit a certification determination on the time needed to
that the application for funding is establish site control is based on
least one. ear,HUD has included a PP g .
Y
method for distributing the reduction of consistent with the HUD-approved previous program.policy,and the longer
funds proportionally across all consolidated plan(s)in the project's time frame takes into consideration the
Continuums of Care in§578.17(a)(4)of, jurisdiction(s).Applicants that are not reality of the housing market.Projects
this interim rule.HUD will publish the States or units of general local receiving acquisition,rehabilitation,or
total dollar amount that each government must submit a certification new construction funding must provide
Continuum will be required to deduct that the application for funding is evidence of site control no later than 24
from renewal projects Continuum-wide, consistent with the jurisdiction's HUD- months after the announcement of grant
and Continuums will have the authority approved consolidated plan.The awards,as provided under section
'to determine how to administer the cuts certification must be made by the unit 422(d)of the McKinney-Vento Act.
to projects across the Continuum. of general local government or the State, The interim rule requires that HUD
Specific request for comment.HUD . in accordance with HUD's regulations in perform an environmental review for
specifically requests comment on the 24 CFR part 91,subpart F.The required each property as required under HUD's
method established in§578.17(a)(4)to certification must be submitted by the environmental regulations in 24 CFR
reduce the total amount required to funding application submission part 50.All recipients of Continuums of
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 Continuum of Care when funding under this program only in accordance information necessary to HUD, and
is not sufficient to renew all projects with HUD subsidy layering carry out mitigating measures required
nationwide for at least one year. requirements in section 102 of the by HUD.The recipient,its project
The second step in determining a Housing and Urban Development partners,and its project partner's
Continuum's maximum award amount Reform Act of 1989 (42 U.S.C. 3545).In contractors may not perform any eligible
is establishing a Continuum of Care's this interim rule,HUD clarifies that the activity for a project under this part, or
"renewal demand."The Continuum's applicant must submit information in its commit or expend HUD or local funds
renewal demand is the sum of the application on other sources of funding for such activities until HUD has
annual renewal amounts of all projects the applicant has received,or performed an environmental review and
eligible within the Continuum of Care's reasonably expects to receive,for a the recipient has received HUD
geographic area to apply for renewal in proposed project or activities. approval of the property agreements.
that federal fiscal year's competition Awarding funds.HUD will review Exectrting gran t agreements.If a
before any adjustments to rental applications in accordance with the Continuum designates more than one
assistance, leasing,and operating line guidelines and procedures specified in applicant for the geographic area,HUD
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 454311
will enter into a grant agreement wit would not be eligible under the Continuum of Care in the interim rule
each designated recipient for which an Continuum of Care program.For where the statute uses collaborative
award is announced.If a Continuum projects that would no longer be eligible applicant,as explained earlier in the
designates only one recipient for the under the Continuum of Care program preamble,the interim rule stipulates
geographic area,HUD may enter into (e.g., safe havens),but which are serving that if more than one Continuum of Care
one grant agreement with that recipient homeless persons;HUD wants to ensure claims the same geographic area,then
for new awards,if any;and one grant that housing is maintained and that HUD will award funds to the .
agreement for renewals and Continuum persons do not become homeless Continuum applicant(s) hest t
of Care-planning costs.and UFA costs, because funding is withdrawn. application(s)has the highest total score
if any.These two grant agreements will HUD may renew proj ts that were and that ec Continuum of Care will be no projects from the lower
cover the entire geographic area,and a submitted on time and in such manner scoring Co
as required by HUD,but did not have funded(and that any projects.submitted.
default by the recipient under one of d
these agreements will also constitute a a total score that would allow the with both applications will not be
default under the other.If the project to be competitively funded.HUD funded).To appeal HUD's decision to
Continuum is a UFA,HUD will enter may choose to exercise this option to _ fund the competing Continuum of Care,
into one grant agreement with the UFA ensure that homeless or formerly the applicant(s)from the lower-scoring
for new awards,if any;and one for homeless persons do not lose their Continuum of Care must file the written
renewal and Continuum of Care housing.The interim rule provides, appeal in such form and manner as
planning costs and UFA costs,if any. based on the language in section 421(e) HUD may require within 45 days of the
s of the McKinney-Vento Act,that HUD date of HUD's announcement of award.
Similarly,these two grant agreement
will cover the entire geographic area m.ay renew the project,upon a finding If an applicant has had a certification
and a default by the recipient under one that the project meets the purposes of of consistency with a consolidated plan
of those agreements will also constitute the Continuum of Care program,for up withheld,that applicant may appeal
a default under the other. to one year and under such conditions such a decision to HUD.HUD has
HUD requires the recipient to enter as HUD deems appropriate. established a procedure to process the
into the agreement described in Annual Performance Report.The appeals and no later than 45 days after
§578.23(c).Under this agreement,the interim rule also provides that HUD the date of receipt of an appeal,HUD
grant recipient must agree to ensure that may terminate the renewal of any grant will make a decision.
the operation of the project will be in and require the recipient to repay the Section 422(h)of the McKinney-Vento
accordance with the McKinney-Veto Act renewal grant if the recipient fails to Act provides the authority for a solo
and the requirements under this part.In _ submit a HUD Annual Performance applicant to submit an application to
addition,the recipient must monitor Report(APR)within 90 days of the end HUD and be awarded a grant by HUD
and report the progress of the projects of the program year or if the recipient if it meets the criteria under section 427
to the Continuum of Care and to HUD. submits an APR that HUD deems of the McKinney-Vento Act.The interim
The recipient must ensure that unacceptable or shows noncompliance rule clarifies that a solo applicant must
individuals and families experiencing with the requirements of the grant and submit its application to HUD by the
homelessness are involved in the this part. Section 578.103(e)of the deadline established in the NOFA to be
operation of the project,maintain Continuum of Care program regulations considered for funding.The statute also
confidentiality of program participants, further clarifies that recipients receiving requires that HUD establish an appeal
-rant funds for acquisition, process for organizations that attempted
and monitor and report matching funds b
to HUD,among other requirements.The rehabilitation,or new construction are to participate in the Continuum of
recipient must also agree to use the expected to submit APRs for 15 years Care's process and believe they were
centralized or coordinated assessment from the date of initial occupancy or the denied the right to reasonable
system established by the Continuum of date of initial service provision,unless participation,as reviewed in the context
Care,unless the recipient or HUD provides an exception.The of the local Continuum's process.An
Care,unless
is a victim service recipient's submission of the APR helps organization may submit a solo
provider.Victim service providers may HUD review whether the recipient is application to HUD and appeal the
choose not to use the centralized or carrying out the project in the manner Continuum's decision not to include it
coordinated assessment system proposed in the application.Recipients in the Continuum's application.If HUD
provided that all victim service agree to submit an APR as a condition finds that the solo applicant was not
providers in the area use a centralized of their grant agreement.This permitted to participate in the
or coordinated assessment system that requirement allows HUD to ensure that Continuum of Care process in a
meets HUD's minimum requirements. recipients submit APRs on grant reasonable manner,
then HUD may
HUD has provided this optional agreements that have expired as a award the grant to that solo applicant
} direct the Continuum to take
exceptiori.because it understands the condition of receiving approval fora and may
unique role that victim service new grant agreement for the renewal remedial steps to ensure reasonable
providers have within the Continuum of project.
participation in the future.HUD may
Care. Appeals.The interim rule provides also reduce theppaward to the
Renewals.The interim rule provides certain appeal options for applicants Continuum Section 422(h)(1) f the McKinney-
that HUD may fund,through the that were not awarded funding. Vento Act re uires that"HUD establish
Continuum of Care program,all projects Under section 422(g)of the q
that were previously eligible under the McKinney-Vento Act,if more than one a timely appeal procedure for grant
McKinney-Vento Act prior to the collaborative applicant submits an amounts awarded or denied under this
enactment of the HEARTH Act.These application covering the same subtitle to a collaborative application."
,ation.
projects may be renewed to continue geographic area,HUD must award funds The interim rule sets an appeal process
ongoing leasing, operations, supportive to the application that scores the highest for denied or decreased funding under
services,rental assistance,HMIS,and score based on the selection criteria set §578.35(c).Applicants that are denied
administration beyond the initial forth in section 427 of the Act. funds by HUD, or that requested more
funding period even if those projects Consistent with HUD's use of the term funds than HUD awarded,may appeal
,
45432 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
by filing a written appeal within 45 days determined that programs should homelessness prevention component by
of the date of HUD's announcement of require at least case management for recipients in Continuums of Care that
the award.HUD will notify applicant of some initial period after exiting have been designated HPCs by HUD.
its decision on the appeal within 60 homelessness.HUD has imposed the Eligible activities are housing relocation
days of the date of HUD's receipt of the requirement that rapid rehousing and stabilization services, and short-
written appeal. include,at a minimum,monthly case and/or medium-term rental assistance,
Program Components and Eligible Costs management meetings with program as set forth in 24 CFR 576.103,
(Subpart D) participants(except where prohibited necessary to prevent an individual or
by the Violence Against Women Act family from becoming homeless.
Program components.The interim (VAWA)and the Family Violence Planning activities.Under this interim
rule provides that Continuum of Care Prevention and Services Act(FVPSA)) rule,HUD lists eligible planning costs
funds may be used for projects under and allows for a full range of supportive for the Continuum of Care under
five program components:Permanent services to be provided for up to 6 . §578.39(b)and (c).HUD will allow no
housing,transitional housing, months after the rental assistance stops. more than 3 percent of the FPRN,or a
supportive services only,HMIS,and,in Many other HUD programs,such as maximum amount to be established by
some cases,homelessness prevention. Section 8 and HOME,provide housing the NOFA,to be used for certain costs.
Administrative costs are eligible under without supportive services to low These costs must be related to designing
all components.Where possible,the income individuals and families. a collaborative process for an
components set forth in the Continuum With respect to rapid rehousing,the application to HUD, evaluating the
of Care program are consistent with the interim rule provides that funds under- outcomes of funded projects under the
components set forth under the this part may be used to provide Continuum of Care and Emergency
Emergency Solutions Grants program. supportive services and short-term Solutions Grants programs, and
This will ease the administrative burden . and/or medium-term rental assistance. participating in the consolidated plan(s) .
on recipients of both programs and will While the time frames under which a for the geographic area(s).Under section
ensure that reporting requirements and program participant may receive short- 423 of the McKinney-Vento Act, a
data quality benchmarks are term or medium-term rental assistance collaborative applicant may use no more
consistently established and applied to set forth in this part match the time than 3 percent of total funds made
like projects. One significant distinction frames set forth in the Emergency available to pay for administrative costs
between the Emergency Solutions Solutions Grants program,the related to Continuum of Care planning.
Grants program and this part can be supportive services available to program HUD is defining"of the total funds
found in the eligible activities and participants receiving rapid rehousing made available"to mean FPRN,the
administration requirements for assistance under the Continuum of Care higher of PPRN or renewal demand, in
assistance provided under the rapid program are not limited to housing the interim rule.HUD has determined
rehousing component in this interim relocation and stabilization services as that FPRN strikes the correct balance,as -
rule.The significant differences they are in the Emergency Solutions it is the higher of PPRN or renewal
between this component in the Grants program.Program participants demand.This will help Continuums of
Emergency Solutions.Grants program receiving rapid rehousing under this Care(CoC)balance: (1) Having sufficient
and this part are discussed below. part may receive any of the supportive planning dollars to be successful in its
The interim rule sets forth the costs services set forth in§578.53 during duties and compete for new money
eligible for each program component in their participation in the program.The (which would be the PPRN), and(2)
§578.37(a).The eligible costs for Continuum of Care,however,does have being able to monitor and evaluate
contributing data to the HMIS the discretion to develop written actual projects in operation(and plan
designated by the Continuum of Care policies and procedures that limit the for renewal demand).The
are also eligible under all components. services available to program administrative funds related to CoC
Consistent with the definition of participants that better align the services planning made available will be added
permanent housing in section 401 of the available to program participants with to a CoC's FPRN to establish the CoCs
McKinney-Vento Act and§578.3 of this those set forth in the Emergency maximum award amount.
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 for CoC,HUD
and families to live as independently as is the basis for 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 for 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
participants in a unit that the program include leasing a structure in which the Care program are conducted and records
participant retains after the assistance HMIS is operated,operating funds to maintained in accordance with
ends. operate a structure in which the HMIS generally accepted accounting
Although the McKinney-Vento Act is operated,and HMIS costs related to principles,including arranging for an
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 funded by
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
Federal Register/Vol. 77, No. 147/Tuesdav, July 31, 2012/Rules and Regulations 45433
available to UFAs related to establishing section provides that rental assistance family member of the perpetrator of the
fiscal controls will be added to a CoC's may include tenant-based,project- violence.HUD requires that the program
FPRN to establish the CoC maximum based,or sponsor-based rental participant provide appropriate
award amount. assistance.This section also provides documentation of the original incident
Leasing.Under this interim rule,grant that project-based rental assistance may of domestic violence,dating violence,
funds may be used to pay the costs of include rental assistance to preserve sexual assault, or stalking,and any
leasing a structure or structures, or existing permanent supportive housing evidence of the current imminent threat
portions of structures,to provide for homeless individuals and families. of harm.Examples of appropriate
housing or supportive services:The Given that the availability of affordable documentation of the original incident
interim rule further clarifies that leasing rental housing has been shown to be a of domestic violence,dating violence,
means that the lease is between the key factor in reducing homelessness,the sexual assault, or stalking include
recipient of funds and the landlord. availability of funding for short-term, written observation by the housing or
HUD recognizes that some grantees medium-term,and long-term rental service provider;a letter or other
receiving funds through the Supportive assistance under both the Emergency documentation from a victim service
Housing Program may have been using Solutions Grants program and the provider,social worker,legal assistance
their leasing funds in'a manner Continuum of Care program is not provider,pastoral counselor,mental
consistent with the rental assistance inefficient use of program funds,but health provider, or other professional
requirements established in§578.51; rather effective use of funding for an from whom the victim has sought
therefore,since the Continuum of Care activity that lowers the number of assistance;or medical or dental,court,
program authorizes both leasing and homeless persons. or law enforcement records.
rental assistance,-the rule provides for As noted in the above discussion of Documentation of reasonable belief of
an allowance for projects originally rental housing available for funding further domestic violence,dating
approved to carry out leasing to renew under the Continuum of Care program, violence,,sexual assault,or stalking
ental assistance, one eli
and request funds for rgible form of rental assistance is includes written observation by the
so long as the rental assistance meets tenant-based,which allows the program housing or service provider;a letter or
the requirements in§578.51.The rule participant to retain rental assistance for other written documentation from a
provides that a recipient of a grant another unit.The interim rule limits victim service provider,social worker,
awarded under the McKinney-Vento this retention to within the Continuum legal assistance provider,pastoral
Act,prior to enactment of the HEARTH of Care boundaries.HUD has counselor,mental health provider,or
Act,must apply for leasing if the lease determined that Continuum of Care other professional from whom the
is between the recipient and the. program funds must be used within the victim has requested assistance;a
landlord,notwithstanding that the grant Continuum's geographic boundaries.If current restraining order,recent court .
was awarded prior to the HEARTH Act program participants move outside of order,or other court records;or law
amendments to the McKinney-Vento the Continuum,the Continuum may pay enforcement reports or records.The
Act. moving costs,security deposits,and the housing or service provider may also
The interim rule provides that leasing first month of rent for another unit; consider other documentation such as
funds may not be used to lease units or however,the Continuum would have to emails,voicemails, text messages, social
structures owned by the recipient, organize.assistance with the relevant media posts,and other communication.
subrecipient,their parent Continuum of Care for the program Because of the particular safety
organization(s),any other related participant if rental assistance is to concerns surrounding victims of
organization(s),or organizations that are continue.The program participant-may domestic violence,the interim rule
members of a partnership where the be transferred to a rental assistance provides that acceptable evidence for
partnership owns the structure,unless program in a different Continuum both the original violence and the
HUD authorizes an exception for good without having to become homeless reasonable belief include an oral
cause.The interim rule establishes again.The recipient may also limit the statement.This oral statement does not .
minimum requirements that a request movement of the assistance to a smaller need to be verified,but it must be
for an exception must include. These area if this is necessary to coordinate documented by a written certification
exceptions are based on HUD's service delivery. by the individual or head of household.
experience in administering the Under this interim rule,the only This provision is specific to victims of
Homelessness Prevention and Rapid Re- exception to the limitation for retention P P
Housing Program (HPRP). of tenant-based rental assistance is for domestic violence, dating violence,
The interim rule establishes that program participants who are victims of sexual assault,and stalking who are
receiving tenant-based rental assistance
projects for leasing may require that domestic violence,dating violence, in permanent housing. This interim rule
program participants pay an occupancy sexual assault,or stalking.Under the P g
charge (or in the case of a sublease,rent) definition of"tenant-based''in the contains other policies for moving
of no more than 30 percent of their McKinney-Vento Act(section 401(28)of program participants receiving any type
income.Income must be calculated in the McKinney-Vento Act),these of assistance under this interim rule,
accordance with HUD's regulations in participants must have complied with including tenant-based rental assistance,
24 CFR 5.609 and 24 CFR 5.611(a). all other obligations of the program and within the Continuum of Care
However,the interim rule clarifies that reasonably believe that he or she is geographic area,or smaller geographic
projects may not charge program fees. imminently threatened by harm from area required by the provider to
Rentol assistance.Under this interim further violence if he or she remains in coordinate service delivery.Moving
rule,rental assistance is an eligible cost the assisted dwelling unit. program participants outside of the
for permanent and transitional housing, In the interim rule,HUD has clarified geographic area where providers can
and this rule clarifies that the rental that the imminent threat of harm must coordinate service-delivery is
assistance may be short-term,up to 3 be from further domestic violence, administratively difficult for providers
months of rent;medium-term, for 3 to dating violence, sexual assault,or and makes it difficult to monitor that
24 months of rent;and long-term,for stalking,which would include threats program participants have access to,and
longer than 24 months of rent. This from a third party,such as a friend or are receiving, appropriate supportive
45434 Federal Register/Vol. 77, No. 147/Tuesday, July 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 HUD.
effectively deliver and monitor service sexual assault,and stalking.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 part of eligible program that less than 5 percent of individuals
provisions to clarify when rental costs.Programs using indirect cost and families that leave homelessness
payments may continue to be made to allocations must be consistent with become Homeless again any time within
a landlord when the program Office of Management and Budget the next 2 years,or the percentage of
participant no longer resides in the unit. (OMB)Circulars A-87 and A-122,as individuals and families in similar
For vacated'units,the interim rule applicable.OMB Circular A-87 and the circumstances who became homeless
provides that assistance may continue regulations at 2 CFR part 225 pertain to again 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 unit 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,
days 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 program participant exits the High-Performing Communities(Subpart that HUD set forth standards for
housing unit., E) preventing homelessness among the
Supportive services.Grant funds may subset of those at the highest risk of
be used to pay eligible costs of Section 424 of the McKinney-Vento becoming homeless among those
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; time and in such manner as HUD may in permanent housing among this
persons living with Human require and contain surb information as population.-HUD has set forth the
Immunodeficiency Virus(HIV)/ HUD determines necessary under standards of 95 percent and 85 percent.
Acquired Immune Deficiency Syndrome §578.17(6).Applications will be posted HUD recognizes that these standards are
(AIDS) (HIV/AIDS);and victims of on the HUD Web site (www.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 an 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
moving costs,case management,child must use HMIS data(HUD will publish to spend funds in accordance with
care,education services,employment data standards and measurement §578.71.
assistance and job training,housing protocols)to determine that the. The final standard that the
search and counseling services,legal standards for qualifying as a HPC are Continuum must use its HMIS data to
services,life skills training,mental met.An applicant must submit a report demonstrate is provided under section
health services, outpatient health showing how the Continuum of Care 424(d)(4).of the Act.The statute requires
services,outreach services,substance program funds were expended in the each homeless individual or family who
abuse treatment services,transportation, prior year,and provide information that sought homeless assistance to be
and utility deposits. the Continuum meets the standards for included in the data system used by that
The definition 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 80 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 Continuum's HMIS and which type of standard would be entirely
program costs in this interim rule. standards will be measured through reliant upon self-reporting.
Providers are allowed to provide reliable data from other sources and Additionally,individuals and families
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45435 ,
have the right to decline having their grants awarded in the same competition in HPCs may use match on eligible
data entered into the HMIS. HUD uses in which the designation is applied for activities described under§578.71.
bed-coverage rates and service-volume and made.The designation will be for General operations.Recipients of
grant funds must provide housing or
coverage rates as a proxy for measuring a period of one year. b
the rate of inclusion of persons who are Eligible activities.Recipients and services that comply with all applicable
present for services or housing in the subrecipients in Continuums that have State and local housing codes,licensing
HMIS.This is a measurable standard, been designated an HPC may use grant requirements, n the y other
and HUD defines the calculation in the funds to provide housing relocation and requirements in the project's
HMIS rule;therefore,the measurement stabilization services and short-and/or jurisdiction.In addition,this interim
will be consistent between Continuums. medium-term rental assistance to rule clarifies that recipients must abide
Continuums must use reliable data individuals and families at risk of by housing quality standards and
from other sources and resented in a suitable dwelling size.Recipients must
p homelessness as set for in the also assess supportive services on an
narrative form or other format Emergency Solutions Grants program. ongoing basis,have residential
prescribed by HUD to measure two All eligible activities discussed in this supervision,and provide for
standards:Community action and section must be effective at stabilizing of homeless individuals as
renewing HPC status. Section 424(d)(4) individuals and families in their current participation
of the McKinney-Vento Act establishes housing,or quickly moving such required under section 426(g) of the
another standard for HPCs,which is individuals and families to other McKinney-Vento Act.
"communit action."This statutory Specific request for comment.With
y y permanent housing.This is the only respect to housing quality standards,
section provides that communities that time that Continuum of Care funds may HUD includes in this rule the
compose the geographic area must have be used to serve nonhomeless longstanding requirement from the
actively encouraged homeless individuals and families.Recipients and Shelter Plus Care program that
individuals and families to participate subrecipients using grant funds on these recipients or subrecipients,prior to
in housing and services available in the eligible activities must follow the providing assistance on behalf of a
geographic area and included each written standards established by the program participant,must physically
homeless individual or family who Continuum of Care in§578.7 (a)(9)(v), inspect each unit to assure that the unit
sought homeless assistance services in and the recordkeeping requirements set meets housing quality standards.This
the data system used by that community for the Emergency Solutions Grants requirement is designed to ensure that
for determining compliance.HUD has program rule. program participants are placed in
defined"communities that compose the a housing that is suitable for living.
geographic area"to mean the entire Program Requirements(Subpart F) g
Additionally,these requirements are
geographic area of the Continuum.This All recipients of Continuum of Care consistent with HUD's physical
definition will also provide consistency funding must comply with the program inspection requirements in its other
of measurement since most of HUD s regulations and the requirements of the mainstream rental assistance programs.
measurements are across the entire NOFA issued annually by HUD. Notwithstanding that this is a
Continuum of Care geographic area. Matching.The HEARTH Act allows longstanding requirement,HUD
HUD has further defined"actively for a new,simplified match welcomes comment on alternatives to
encourage"within this standard as a requirement.All eligible funding costs inspection of each unit that may be less
comprehensive outreach plan,including except leasing must be matched with no burdensome but ensure that the housing
specific steps for identifying homeless less than a 25 percent cash or in-kind provided to a program participant is
-persons and referring them to match.The interim rule clarifies that the decent,safe,and sanitary.
appropriate housing and services in that match must be provided for the entire Under Section 578.75,General
geographic area.The measurement of erations,subsection(h),entitled
the last part of this standard, each grant,except that recipients that are Operations,
or are the sole recipient for the "Supportive Service Agreements,"
homeless individual or family who Continuum may provide the match on a states that recipients and subrecipients
sought homeless assistance services in Continuum-wide basis. may require program participants to
the data system used by that For in-kind match,the take part in supportive services so long
reliable data from an
community,"will an HMIS and has g measured using overnmentwide grant requirements of as they are not disability-related
been discussed earlier in this preamble. HUD's regulations in 24 CFR 84.23(for services,provided through the project as
HUD has determined this will provide private nonprofit organizations)and a condition of continued participation
y d 85.24 (for governments)ap
clarit an ensure consistent ply.The in the program.Examples of disability-
clarity et across Continuums. regulations in 24 CFR parts 84 and 85 related services include,but are not
The interim rule provides that a establish uniform administrative limited to,mental health services,
Continuum of Care that was an HPC in requirements for HUD grants.The outpatient health services,and
the prior year and used Continuum requirements of 24 CFR part 84 apply to provision of medication,which are
funds for activities described under subrecipients that are private nonprofit provided to a person with a disability to
§578.71 must demonstrate that these organizations.The requirements of 24 address a condition caused by the
activities were effective at reducing the CFR part 85 apply to the recipient and disability.
number of persons who became subrecipients that are units of general This provision further states that if
homeless in that community,to be- purpose local government.The match the purpose of the project is to provide
renewed as a HPC. requirement in 24 CFR 84.23 and in 24 substance abuse treatment services,
Selection.HUD Inrill select up to 10 CFR 85.24 applies to administration recipients and subrecipients may
Continuums of Care each year that best funds,as well as Continuum of Care require program participants to take part
meet the application requirements and planning costs and UFA's financial in such services as a condition of
the standards set forth in§578.65. management costs.All match must be continued participation in the program.
Consistent with section 424 of the spent on eligible activities as required For example,if a Continuum of Care
McKinney-Vento Act,the interim rule under t that recipients recD interim rule,
subrecipients program twph substance abuseatreatmeng
provides a HPC designation for the ex p p
45436 Federal Register/Vol. 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 discriminate 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
services as a condition of occupancy. affiliation. HUD'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- su-pported 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 574.300(c), 24 CFR 582.115(c),and 24 or services supported with direct federal
action necessary in order-for such a CFR 583.150(b).) financial assistance, and participation in
person to successfully meet the HUD's equal participation regulations any such explicitly religious activities
requirements of tenancy. were prompted by Executive Order must be voluntary for the beneficiaries
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-Based 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 13279 set forth principles and Executive Order further directs that if a
qualifying member's death, policymaking 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 b3� organization 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 and Policymaking 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
interim rule is substantially revised Other Neighborhood Organizations), beneficiary to an alternative provider.
from the previous programs to increase issued by President Obama on Executive Order 13559 provides for
clarity and comprehension of the November 17, 2010,and published in the establishment of an Interagency
directions to recipients and the Federal Register on November 22, Working Group on Faith-Based and
subrecipients in the use of grant funds. 2010(75 FR 71319). Other Neighborhood Partnerships
Timeliness standards.Recipients Executive Order 13559 expands on (Working 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
must begin construction 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
communities in meeting the obligation participation-of faith-based for agencies to adopt.,
and expenditure deadline historically organizations 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 rulemaking 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 its
Limitation on use of funds.Recipients financial assistance without impairing regulatory provisions governing faith-
of funds provided under this part must their independence,autonomy, based activities to incorporate the
abide by any limitations that apply to expression outside the programs in principles of Executive Order 13559
the use of such funds,such as use of question, or religious character. pertaining to equal treatment of program
funds for explicitly religious activities. With respect to program beneficiaries, beneficiaries and to 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 1 The report is available at:http://
is HUD's position that faith-based federal financial assistance,and in their 14,i4,14,.t4.,-hitehouse.gov/.site./d(-fault/files/uploads/
organizations are able to compete for outreach activities related to such finalfa iihbasedworki,l,;�rauprr:port.pdf.
i
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45437 ,
religious content,"that offers greater over this requirement from the Shelter Section 578.93(b)(1) states that,in
clarity to the limitations placed on faith- Plus Care program. consideration of personal privacy,
based organizations when using federal Fair Housing and Equal Opportunity housing may only be limited to a single
funds for their supportive services. requirements.The Continuum of Care, sex when such housing consists of a
Additionally,HUD is putting in place as well as its members and single structure with shared bedrooms
through this rulemaking the provision of subrecipients,are required to comply or bathing facilities such that the
Executive Order 13559 that directs the with applicable civil rights laws. considerations of personal privacy and
referral to alternative providers. Section 578.93,addressing the physical limitations of the
Executive Order 13559 provides that if nondiscrimination and equal configuration of the housing make it
a beneficiary or prospective beneficiary opportunity requirements,is provided appropriate for the housing to be limited
of a social service program supported by to offer greater direction to recipients to one sex.
federal financial assistance objects to and subrecipients on the use of grant Further, §§578.93(b)(4) and(5)clearly
the religious character of an funds. Section 578.93(a)states that the outline instances when sex offenders or
organization that provides services nondiscrimination and equal violent offenders may be excluded from
under the program,that organization opportunity requirements set for in 24 housing,and when projects providing
shall,within a reasonable time frame CFR 5.105(a)apply.This includes,but sober housing may exclude persons.
lations permit
after the date of the objection,refer the is not limited to,the Fair Housing Act, HUD's Section 504 regu
beneficiary to an alternative provider. Title VI of the Civil Rights Act of 1964, housing funded under a particular
ram to be reserved for persons with
While HUD will benefit from OMB Section 504 of the Rehabilitation Act of prog
guidance on other provisions of the 1973 (Section 504);and title 11 of the a specific disability when a federal
Executive Order,specifically those - -statute or executive order specifically
p y Americans with Disabilities Act. authorizes such a limitation. Section
which the Working Group is charged to Section 578.93(b)explains when 578.93(b)(6)states that if the housing is
provide recommendations,the recipients and subrecipients may assisted with funds under a federal
"referral"provision of the Executive exclusively serve a particular program that is limited by federal
Order is one that HUD believes it can subpopulation in transitional or statute or executive order to a specific
immediately put in place.HUD may, permanent housing.As part of these subpopulation,the housing may be
following receipt of public comment requirements,recipients must also limited to that subpopulation.
and further consideration of this issue, administer programs and activities Section 578.93(b)(7)provides
revise how recipients and subrecipients receiving federal financial assistance in. clarification to recipients of funds under
document the referral to other providers the most integrated setting appropriate this part as to when a project can limit
when beneficiaries may assert to the needs of qualified individuals admission to a specific subpopulation of
objections to the original provider.For with disabilities.This"integration homeless individuals and families based .
now,HUD is requiring that any mandate"requires that HUD-funded on the service package offered in the
objections and any referrals be programs or activities enable project.To help recipients better
documented in accordance with the individuals with disabilities to interact understand these requirements;the
-recordkeeping provisions of§578.013. with nondisabled persons to the fullest following paragraphs provide a detailed
This section of the interim rule also extent possible.In reviewing requests explanation of the regulatory provision,
contains limitations on the types of for funding through the Continuum of along with a few examples.
eligible assistance that may not be Care NOFA,HUD will be considering Section 578.93(b)(7)states that
combined in a single structure or each recipient's proposals to provide recipients may limit admission to or
housing unit.As the Continuum of Care integrated housing to individuals with provide a preference for the housing to
substantially increases the types of disabilities. subpopulations of homeless persons and
assistance that may be combined in a There are certain situations in which families who need the specialized
project from previous programs,HUD a recipient or subrecipient may limit supportive services that are provided in
has established standards in this section housing to a specific subpopulation,so the housing. The regulation contains the
to provide recipients with clarity about long as admission does not discriminate following examples:Substance abuse
the types of activities that may not be against any protected class,as well as addiction treatment,domestic violence
carried out in a single structure or instances where recipients or services, or a high-intensity package
housing unit. subrecipients may limit admission or designed to meet the needs of hard-to-
Termination of assistance.The
interim rule provides that a recipient provide a preference to certain reach homeless persons.However,
may terminate assistance to a subpopulations of homeless persons and §578.93(b)(7)further states that while
families who need the specialized the housing may offer services for a
participant who violates program
services provided in the housing.For particular type of disability,no
requirements or conditions of
occupancy.The recipient must provide example,§578.93(b)(2)states that the otherwise eligible individual with a
a formal process that recognizes the due housing may be limited to homeless disability,or family that includes an
process of law.Recipients may resume veterans,so long as admission is not individual with a disability,who may
assistance to a participant whose denied based on any membership in a benefit from the services provided may
assistance has been terminated. protected class; e.g.,homeless veterans be excluded on the grounds that they do
Recipients that are providing with families must be admitted. not have a particular disability.Below
permanent supportive housing for hard- Similarly,housing may be limited to are general examples to offer guidance
to-house populations of homeless domestic violence victims and their on this subsection.Please note that
persons must exercise judgment and families or persons who are at risk of these examples are nonexhaustive,but
examine all circumstances in institutionalization,so long as emphasize that the proper focus is on
admission is not denied based on any the services available as part of the
determining whether termination is
appropriate.Under this interim rule, membership in a protected class. Continuum of Care project as opposed
HUD has determined that a participant's Section 578.93(b)(3)states that to a person's category or subcategory of
assistance should be terminated only in housing may be limited to families with disability.While these general
the most severe cases.HUD is carrying children. principles are offered to help clarify this
45438 Federal Register/Vol. 77, No.. 147/Tuesday, July. 31, 2012/Rules and Regulations
section, a change in the factual scenario into this interim rule.This provision of skills and knowledge to entities that
may change the analysis. clarifies,especially for projects where may need,but do not possess,such
One clarifying example is as follows. the current policy is to deny the skills and knowledge.The assistance
A private,nonprofit organization or a admittance of a boy under the age of 18, may include written information,such
local government applies for and that denying admittance to a project as papers,manuals, guides,and
receives a new grant under this part to based on age and gender is no longer brochures;person-to-person exchanges;
provide project-based rental assistance permissible.HUD encourages and training and related costs.
and services,including case Continuums of Care to.use their Therefore,as needed;HUD may
management,intensive therapy centralized or coordinated assessment advertise and competitively select
provided by a psychiatrist,and systems to find appropriate shelter or providers to deliver technical
medication management.The recipient. housing for families with male children assistance.HUD may enter into
or subrecipient may establish a under the'age of 18. contracts,grants, or cooperative
preference for individuals who are Specific request for comment.HUD agreements to implement the technical
chronically homeless.When filling an specifically seeks comments from assistance.HUD may also enter into
opening in the housing,the recipient or Continuum of Care-funded recipients on agreements with other federal agencies
subrecipient may target chronically this requirement.HUD invites when awarding technical assistance
homeless individuals or families,but if comments about the difficulty that funds.
there are no such individuals or families recipients are going to experience,if Recordkeeping requirements.Grant
either on a waiting list or applying for any,in implementing this requirement. recipients under the Supportive
entrance to the program,the recipient or. In addition to comments about the Housing Program and the Shelter Plus
subrecipient cannot deny occupancy to difficulties,HUD invites communities Care program have always been required
w com liance with regulations
to show gu
individuals or families who apply for that have already implemented this P
entrance into the program and who may requirement locally to describe their through,appropriate records.However,
benefit from the services provided. methods for use in HUD's technical the existing regulations are not specific
When filling a vacancy in the housing, assistance materials and for-posting on about the records to be maintained.The
the recipient or subrecipient,if the HUD Homeless Resource Exchange. interim rule for the Continuum of Care
presented with two otherwise eligible Other standards.In addition to the program elaborates upon the
persons,one who is chronically program requirements described in this recordkeeping requirements to provide
homeless and one who is not,may give preamble,the interim rule sets forth sufficient notice and clarify the
a preference to the chronically homeless other program requirements by which documentation that HUD requires for
individual. all recipients of grant funds must abide. assessing compliance with the program
By comparison,§578.93(6)(6) These include a limitation on the use of requirements.The recordkeeping
addresses situations where Continuum grant funds to serve persons defined as requirements for documenting homeless
of Care funds are combined with HUD homeless under other federal laws, status were published in the December
funding for housing that may be conflicts of interest standards,and 5, 2011,Defining Homeless final rule.,
restricted to a specific disability.For standards for identifying uses of Because these recordkeeping
example,if Continuum of Care funds for program income. requirements already went through a 60-
a specific project are combined with Additionally,recipients are required day comment period,HUD is not
construction or rehabilitation funding to follow other federal requirements seeking further comment on these
for housing from the Housing contained in this interim rule under requirements.Additionally,
Opportunities for People With AIDS §578.99.These include compliance recordkeeping requirements with
program,the program may limit with such federal requirements as the similar levels of specificity apply to
eligibility for the project to persons with Coastal Barriers Resources Act,OMB documentation of"at risk of
HIV/AIDS and their families.An Circulars,HUD's Lead-Based Paint homelessness"and these requirements
individual or a family that includes an regulations,and audit requirements. can be found in §576.500(c)of the
individual with a disability may be The wording of these requirements has Emergency Solutions Grants program
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 Administration(Subpart G) not seeking additional comment on
a local governmental entity to these requirements.Further
rehabilitate a five-unit building,and Technical assistance.The purpose of requirements are modeled after 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 578.93(e) incorporates the Solutions Grants,Continuum of Care, the Continuum of Care rule broadens
"preventing involuntary family and Rural Housing Stability Assistance the program's confidentiality
separation"requirement set forth in programs.Under this interim rule, requirements.The McKinney-Vento Act
Section 404 of the McKinney-Veto Act technical assistance means the transfer requires only procedures to ensure the
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45439
confidentiality of records pertaining to III.Regulations for HUD Homeless procedures may be omitted,however, if
any individual provided family violence Assistance Programs Existing Prior to H Doreclass of cases particular and public
prevention or treatment services under Enactment of HEARTH Act comment procedure are"impracticable,
this program.The interim rule requires Because grants are still being unnecessary,or contrary to the public
written procedures to ensure the administered under the Shelter Plus interest." (See 24 CFR 10.1.)
security and confidentiality of all Care program and the Supportive In this case,HUD has determined that
records containing personally- Housing program,the regulations for it would be contrary to the public
identifying information of any these programs in 24 CFR parts 582,and interest to delay promulgation of the
individual or family v�Tho applies for 583,respectively,will remain in the regulations for the Continuum of Care
and/or receives Continuum of Care Code of Federal Regulations for the time program.3 Congress has provided
assistance. being.When no more,or very few, funding for this new program in the
Grant and project changes.The ants remain under these programs, Consolidated and Further Continuing
interim rule provides that recipients of g
rants may not make an significant HUD will remove the regulations in Appropriations Act,2012 (Pub. L. 112-
8 Y Y g these parts by a separate rule(if no 55,approved November 18, 2011) (FY
chang without
es to use of grant funds grants exist) or will replace them with 2012 Appropriations Act). The FY 2012
prior HUD approval,evidenced by a a savings clause,which will continue to
grant amendment signed by HUD and Appropriations Act,under the account
the recipient.The interim rule provides govern grant agreements executed prior for Homeless Assistance Grants,
separate standards for determining to the effective date of the HEARTH Act appropriates not less than $1.593 billion
regulations. for-the Continuum of Care and Rural
when a grant amendment is required for Housing Stability programs.While
Continuums having only one recipient, IV.Conforming Regulations g Y p g
including FAs,and Continuums many federal programs,including HUD
g In addition to establishing the new programs,received a reduction in
having more than one recipient._ regulations for the Continuum of Care funding in the FY 2012 Appropriations
Additionally,the interim rule provides program,HUD is amending the Act,Congress increased funding for
contingencies that must be met before following regulations,which reference HUD's homeless assistance grants,
HUD will approve the grant the Shelter Plus Care Program and the including the Continuum of Care
amendment.These contingencies are Supportive Housing Pro ram,to include
necessary to ensure that recipients meet pp g g program.Additionally,the Conference
reference to the Continuum of Care Report accompanying the FY 2012
the capacity'requirements established in rogram..These regulations are the Appropriations comp Act(House Report 112–
the NOFA and to ensure that eligible r Y 2 stes in relevant part, as follows:
regulations pertaining to: (1)Family
persons within the geographic area are Income and Family Payment; "The conferees express concern that
better served and,since the Continuum Occu anc Requirements for Section 8
of Care program is a competitive p Y q HUD continued to implement pre-
p g p and Public Housing,Other HUD HEARTH grant programs in FY 2011,
program,that the priorities established Assisted Housing Serving Persons with
under the NOFA continue to be met. g g due to a lack of regulations.The
Disabilities,and Section 8 Project-Based conferees direct HUD to publish at least
Any changes to an approved grant or
project that do not require a grant Assistance,the regulations for which are interim guidelines for the Emergency
in 24 CFR part 5,subpart F,specifically, Solutions Grants and Continuum of Care
amendment,as set forth in this section, 5.601 (Purpose an Applicability),must be fully documented in the § r d A p pp Y programs this fiscal year and to
recipient's or subrecipient's records. paragraphs(d)and (e)of this section; implement the new grant programs as
Sanctions.The interim rule §5.603 (Definitions),specifically the soon as possible so that the updated
establishes sanctions based on existing definition of"Responsible Entity;" policies and practices in HEARTH can
reulations and strengthens the §5:617 (Self-Sufficiency Incentives for begin to govern the delivery of homeless
g Persons with Disabilities—Disallowance assistance funding."(See Conf.Rpt. at
enforcement procedures and array of
remedial actions sanctions for of Increase in Annual Income), page 319.Emphasis added.)Given this
recipients and s and sanctions s paragraph(a) of this section; (2) congressional direction,HUD is issuing
Continuum of Care funds.These Environmental Review Responsibilities this rule providing for regulations for
revisions draw from the requirements at for Entities.Assuming HUD the Continuum of Care program as an
24 CFR 85.43 and other HUD program Environmental Responsibilities,the interim rule.Having interim regulations
regulations- regulations for which are in 24 CFR part in place will.allow HUD to move
Close-out.The interim rule provides 58,specifically§58.1 (Purpose and forward in making FY 2012 funds
that grants must be closed out at the end Applicability),paragraph(b)(3)of this available to grantees, and avoid a
of their grant term if recipients are not section;and(3)the Consolidated significant delay that would result from
seeking renewal. Section 578.109 of this Submissions for Community Planning issuance,first,of a proposed rule.As
Programs,the Pro ment
interim rule specifies the actions that and Development g
must be taken after the closeout, regulations for which are in 24 CFR part management or personnel or to public:property,
91 specifically, §91.2 (Applicability), loans,grants,benefits,or contracts are exempt from
including grantee submission of , P Y' the advance notice and public comment
financial,final performance, or other paragraph (b) of this section. requirement of sections 553(b)and(c:)of the APA.
reports required b HUD within 90 days In its regulations in'24 CFR 10.1,HUD has waived
Y V.Justification for Interim Rulemalcing the exemption for advance notice and public
of the end of the grant term.Any unused
funds must be deobligated and returned In accordance with its regulations on comment for matters that relate to public property,
rulemaking at 24 CFR part 10,HUD loans,grants,benefits,or contracts,and has
-to HUD. committed to undertake notice and comment
The interim rule stipulates,for grants generally publishes its rules for advance rulemaking for these matters.
seeking renewal,that failure to submit public comment.2 Notice and public "Although I-IUD's regulation in 24 CFR.10.1
provide that HUD will involve public:participation
final performance reports,Or Other
reports required by HUD within 90 ''The Administrative Procedure Act(5 U.S.C. in its rulemaking,this regulation also provides that
Subchapter II)(APA),which governs federal notice and public procedure will be omitted if HUD
days,may cause renewal funds to be rulemaking.provides in section 553(x)that matters determines in a particular case or class of cases that
withdrawn and grant funds expended involving a military or foreign affairs function of the notice and public procedure are impracticable,
on the renewal grant to be repaid. United States or a matter relating to federal agency 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 regulatory action,as provided under accordance with HUD regulations at 24
foundation for the Continuum of Care section 3(f)(1) of the Executive Order). CFR part 50,which implement section
regulations is the criteria and As has been discussed in this 102(2)(C)of the National Environmental
requirements provided in NOFAs for the preamble,this interim rule establishes Policy Act of 1969 (42 U.S.C.
Continuum of Care Homeless Assistance the regulations for the Continuum of 4332(2)(C)). The Finding of No
Grants Competition program,which Care program,which is the HEARTH Significant Impact is available for public
HUD has funded for more than 10 years. Act's codification of HUD's long- inspection between the hours of 8 a.m.
Through the Continuum of Care standing Continuum of Care planning and 5 p.m.weekdays in the Regulations
Homeless Assistance Grants process.The HEARTH Act not only Division,Office of General Counsel,
Competition program,HUD provided codified in law the planning system . Department of Housing and Urban
funding for the Supportive Housing known as Continuum of Care,but Development,451 7th Street SW.,Room_
program,the Shelter Plus Care program, consolidated the three existing 10276,Washington,DC 20410-0500.
and the Section 8 Moderate competitive homeless assistance grant Due to security measures at the HUD
Rehabilitation Single Room Occupancy programs (Supportive Housing,Shelter Headquarters building,please schedule
program.The HEARTH Act Plus Care,and Single Room Occupancy) an appointment to review the FONSI by
consolidated these three competitive into the single grant program known as calling the Regulations Division at 202–
programs into the statutorily established the Continuum of are program.As 708-3055 (this is not a toll-free
Continuum of Care program,which was discussed in the preceding section of number). Individuals with speech or
established as a single grant program. -the preamble,HUD funded these three hearing impairments may access this
Interim regulations will provide programs for more than 10 years number via TTY by calling the Federal
certainty with respect to funding through a NOFA,which was titled the Relay Service at 800-877-8339.
re uirements and eligible expenditures Continuum of Care Homeless Assistance
gFY 2012,and the public comment Grants Competition Program.However, Unfunded Mandates Reform Act
for
solicited through this interim rule will the funding of the three competitive The Unfunded Mandates Reform Act
help inform the public procedures that grant programs,although done through of 1995 (2 U.S.C. 1531-1538) (UMRA)
HUD is contemplating in its regulations a single NOFA,delineated the different establishes requirements for federal
in 24 CFR part 10,and this public statutes and regulations that governed agencies to assess the effects of their
comment,in turn;will inform the final each of the three programs(see,for regulatory actions on State,local,and
rule that will follow this interim rule example,HUD's 2008 Continuum of tribal governments and on the private
Care NOFA at 73 FR 398450,
and govern the funding years following specifically page 39845).In sector.This interim rule does not
FY 2012. lidati these three competitive impose a federal mandate on any State,
consolidating For the reasons stated above,HUD is. local,or tribal government,or on the
issuing this rule to take immediate . programs into a single giant program, private sector,within the meaning of
g the HEARTH Act achieves the p
effect,but welcomes all comments on � UMRA.
this interim rule and all comments will administrative efficiency that HUD
be taken into consideration in the strived to achieve to the extent possible, Regulatory Flexibility Act
development of the final rule.- through its administrative establishment The Regulatory Flexibility Act(5
of the Continuum of Care planning
VI.Findings and Certifications process. the extent permitted by the U.S.C. 601 et seq.)generally requires an
HEARTH Act and where feasible the agency to conduct a regulatory
Regulatory Review—Executive tive Orders flexibility analysis of any rule subject to
12866 and 13563 . regulations build-in flexibility for notice
grantees,based on experience in and comment rulemaking
Under Executive Order 12866 administering the Continuum of Care requirements,unless the agency certifies
(Regulatory Planning and Review),a program to date. Given the transition that the rule will not have a significant
from administrative operation of the economic impact on a substantial
determination must be made whether a P
regulatory action is significant and; Continuum of Care program to statutory number of small entities.This rule
therefore,subject to review by the Office operation of the Continuum of Care solely addresses the allocation and use
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 their
maintain flexibility and freedom of Relay Service at 800-877-8339. on the burden of the requirements for
choice for the public.This rule was the Supportive Housing program and
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
Federal Register/Vol. 77, No. 147/Tuesday, July 31, .2012/Rules and Regulations 45441 •
have a significant economic impact on substantial direct compliance costs on rule have been submitted to the Office
a substantial number of small entities. State and local governments and is not of Management and Budget(OMB)
Notwithstanding HUD's required by statute, or the rule preempts under the Paperwork Reduction Act of
determination that this rule will not State lave,unless the agency meets the 1995 (44 U.S.C. 3501-3520).In
have a significant effect on a substantial consultation and funding requirements accordance with the Paperwork
number of small entities,HUD ..of section 6 of the Executive Order.This . Reduction Act,an agency may not
specifically invites comments regarding final rule does not have federalism conduct or sponsor, and a person is not
any less burdensome alternatives to this implications and does not impose required to respond to,a collection of
rule that will meet HUD's objectives as substantial direct compliance costs on information,unless the collection
described in this preamble. State and local governments nor displays a currently valid OMB control
Executive Order 13132,Federalism preempts State law within the meaning number.
of the Executive Order.
Executive Order 13132 (entitled The burden of the information
"Federalism'')prohibits an agency from Paperwork Reduction Act collections in this interim rule is
publishing any rule that has federalism The information collection estimated as follows:
implications if the rule either imposes requirements contained in this interim
REPORTING AND RECORDKEEPING BURDEN
Number of Response Total annual Burden hours Total annual
Information,collection respondents frequency responses per response hours
(average)
§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
§578.7(a)(5)Governance charter......................................... 450 1 450 7.0 3,150
§578.7(a)(6)and(7)Monitor performance and evaluation 450 4 450 9.0 4,050
§578.7(a)(8) Centralized or coordinated assessment sys- 450 8.0 3,600
tem ...................... .............................................................. 450 1
§578.7(a)(9)Written standards ........................................... 450 1 450 5.0 2,250
§578.7(b) Designate HMIS .................................................. 450 1 450 10.0
450 1 450 180.0 81,000
§578.9 Application for funds ...............................................
§578.11(c) Develop CoC plan .............................................. 450 1 450 .0 4,050
8,000 4 4.0 32,000
§578.21(c)Satisfying conditions ......................................... 8,000 1
§578.23 Executing grant agreements ................................. 8,000 1 8,000 1.0 8,000
§578.35(b)Appeal-solo ..................................................... 10 1 10 4.0 40
§578.35(c)Appeal-denied or decreased funding 15 1 15 1.0 15
0 1 10 5.0 50
...................
§578.35(d)Appeal-competing CoC ............... 1
§578.35(e)Appeal-Consolidated Plan certification .......... 5 1 5 2.0 1
5 1 5 1.5 7.5
§578.49(a)-Leasing exceptions ....................................
§578.65 HPC Standards ................... 20 1 20 10.0 20
.......................... _
§578.75(a)(1) State and local requirements-appropriate 7,000 0.5 3,500
serviceprovision ............................................................... 7,000 1
§578.75(a)(1) State and local requirements-housing 20 3.0 60
codes ..................................... ...................................... 20 1
§578.75(b) Housing quality standards 72,800 2 145,600 1.0 145,60
§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 .... 8,600 1 8,000 1.5 2,
§578.75(f) Residential supervision .................... 6,500 3 19,800 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
1.0
§578.77(a) Signed leases/occupancy agreements ............. 104,000 2 208,000 208,000
§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 1 - 20 0.5 10
§578.91(a)Termination of assistance ................................. 400 1 400 4.00 1, 00
§578.91(b) Due process for termination of assistance ....... 4,500 1 4,500 3.0 13,5500
§578.95(d)-Conflict-of-Interest exceptions ........................ 10 1 10 3.0 30
§578.103(a)(3) Documenting homelessness ...................... 300,000 1 300,000 0.25 75,000
§578.103(a)(4) Documenting at risk of homelessness ....... 10,000 1 10,000 0.25 2,500
§578.103(a)(5) Documenting imminent threat of harm ....... 200 1 200 0.5 .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
§578.103(b)Confidentiality procedures .. 11,500 1 11,500 1.0 11,500
§578.105(a)Grant/project chariges-UFAs ........................ 20 2 .40 2.0 80
§578.105(b)Grant/project changes-multiple project appli- 800 2.0 1,600
cants .................................................................................. 800 1
1,921,710.5
Total ........................
45442 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
In accordance with 5 CFR programs-housing and community 578.87 Limitation on use of funds.
1320.8(d)(1),HUD is soliciting development,Supportive services. 578.89 Limitation on use of grant funds to
comments from members of the public Accordingly,for the reasons described serve persons defined as homeless under
other federal laws.
and affected agencies concerning this in the preamble,HUD adds part 578 to 578.91 Termination of assistance to
collection of information to: subchapter C of chapter V of subtitle B program participants.
(1)Evaluate whether.the proposed of 24 CFR to read as follows: 578.93 Fair Housing and Equal
collection of information is necessary Opportunity.
for the proper performance of the PART 578-CONTINUUM OF CARE 578.95 Conflicts of interest.--
functions HUD,including whether the PROGRAM 578.97 Program income.
information will have practical utility; 578.99 Applicability of other federal
(2)Evaluate the accuracy of HUD's Subpart A-General Provisions requirements.
estimate of the burden of the proposed Sec. Subpart G-Grant Administration
collection of information; 578.1 Purpose and scope.578.3 Definitions. 578.101 Technical assistance.
(3)Enhance the quality,utility,and 578.103 Recordkeeping requirements.
clarity of the information to be Subpart B=Establishing and Operating a 578.105 Grant and project changes.
collected;and Continuum of Care 578.107 Sanctions.
578.5 Establishinc,the Continuum of Care. 578.109 Closeout.
(4)Minimize the burden of the b
collection of information on those who 578.7 Responsibilities of the Continuum of Authority:42 U.S.C. 11371 et seq.,42
-are to respond,including through the Care. U.S.C.3535(d).
578.9 Preparing an application for funds.
use of.appropriate automated collection 578.11 Unified Funding Agency. Subpart A-General Provisions
techniques or other forms of information 578.13 Remedial action.
technology;e.g.,permitting electronic §578.1 Purpose and scope.
Subpart C-Application and Grant Award
submission of responses. Process (a)The Continuum of Care program is
Interested persons are invited to 578.15 Eligible applicants. authorized by subtitle C of title IV of the
submit comments regarding the McKinney-Vento Homeless Assistance
award process:
578.17 Overview of application and grant
information collection requirements in Act(42 U.S.C. 11381-11389).
this rule.Comments must refer to the 578.19 Application process. (b)The program is designed to:
proposal by name and docket number 578.21 Awarding funds. (1)Promote communitywide
(FR-5476-Y-01)and be sent to:HUD 578.23 Executing grant agreements. commitment to the goal of ending
Desk Officer,Office of Management and 578.25 Site control. homelessness;
Budget,New Executive Office Building, 578.27 Consolidated plan. (2)Provide funding for efforts by
Washington,DC 20503,Fax: (202) 395- 578.29 Subsidy layering. nonprofit providers, States, and local
6947,and Reports Liaison Officer, 578.31 Environmental review. governments to quickly rehouse
Office of the Assistant Secretary for 578.33 Renewals. homeless individuals (including
Community Planning and Development, 578.35 Appeal. unaccompanied youth) and families,
Department of Housing and Urban Subpart D-Program Components and while minimizing the trauma and
Development,451 Seventh Street SW., Eligible Costs dislocation caused to homeless
Room 7233,Washington,DC 20410- 578.37 Program components and uses of individuals,families, and communities
7000. assistance. by homelessness;
Interested persons may submit 578.39, Continuum of Care planning (3)Promote.access to and effective
comments regarding the information activities. utilization of mainstream programs by
collection requirements electronically 578.41 Unified Funding Agency costs. homeless individuals and families;and
q y 578.43 Acquisition. (4) Optimize self-sufficiency among
through the Federal eRulemaking Portal 578.45 Rehabilitation.
individuals and families experiencing
at http://www.regulations.gov.HUD 578.47 New construction. homelessness.
strongly encourages commenters to 578.49 Leasing.
submit comments electronically. 578.51 Rental assistance.
§578.3 Definitions.
Electronic submission of comments 578.53 Supportive services.
578.55 Operating costs. As used in this part:
allows the commenter maximum time to Act means the McKinney-Vento
57 Homeless Management Information
578.
prepare and submit a comment,ensures System. Homeless Assistance Act as amended
timely receipt by HUD,and enables 578.59 Project administrative costs. (42 U.S.C. 11371 et seq.).
.HUD to make them immediately 578.61 Relocation costs. Annual renewal amount means the
available to the public.Comments 578.63 Indirect costs. amount that a grant can be awarded on
submitted electronically through the Subpart E-High-Performing Communities an annual basis when renewed.It
http://wwT4,.regulations.gov`J'Jeb site can includes funds only for those eligible
be viewed by other commenters and 578.65 Standards. activities (operating,supportive
interested members of the public. 578.67 Publication of application. services,leasing,rental assistance,
578.69 Cooperation among entities.578.71 HPC-eligible activities.
Commenters should follow the HMIS,and administration)that were
instructions provided on that site to funded in the original grant(or the
submit comments electronically. Subpart F-Program Requirements original grant as amended),less the
578.73 Matching requirements. unrenewable activities (acquisition,new
List of Subjects in 24 CFR Part 578 578.75 General operations.P construction,rehabilitation, and any
Community facilities,Continuum of 578.77 Calculating occupancy charges and administrative costs related to these
Care,Emergency solutions grants,Grant rent.578.79 Limitation on transitional housing. activities).
programs-housing and community 578.81 Term of commitment,repayment of Applicant means an eligible applicant
that has been designated by the
development,Grant program-social °rants,and prevention of undue benefits.
programs, Homeless,Rural housing, 578.83 Displacement,relocation,and Continuum of Care to apply for
Reporting and recordkeeping acquisition. . assistance under this part on behalf of
requirements,Supportive housing 578.85 Timeliness standards. that Continuum.
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45443
At risk of homelessness. (1)An section,but qualifies as"homeless" part and that is composed of
individual or family who: under section 725(2) of the McKinney- representatives of organizations,
(i)Has an annual income below 30 Vento Homeless Assistance Act(42 including nonprofit homeless providers)
percent of median family income for the U.S.C. 11434a(2)),and the parent(s)or victim service providers,faith-based
area,as determined by HUD; guardians) of that child or youth if organizations,governments,businesses,
(ii)Does not have sufficient resources living with her or him. advocates,--public housing agencies,
or support networks, e.g., family, Centralized or coordinated school districts,social service providers,
friends,faith-based.or other social assessment system means a centralized mental health agencies,hospitals,
networks,immediately available to or coordinated process designed to universities,affordable housing
prevent them from moving to an coordinate program participant intake developers,law enforcement,
emergency shelter or another place assessment and provision of referrals.A organizations that serve homeless and
described'in paragraph(1) of the centralized or coordinated assessment formerly homeless veterans, and
"Homeless" definition in this section; system covers the geographic area,is homeless and formerly homeless
and easily accessed by individuals and persons to the extent these groups are
(iii)Meets one of the following families seeking housing or services,is represented v�rithin the geographic area
conditions: well advertized,and includes a and are available to participate.
(A)Has moved because of economic comprehensive and standardized Developmental disability means, as
reasons two or more times during the 60 assessment tool. defined in section 102 of the
days immediately preceding the Chronically homeless. (1)An Developmental Disabilities Assistance
application for homelessness prevention individual who: and Bill of Rights Act of 2000 (42 U.S.C.
assistance; (i)Is homeless and lives in a place not 15002):- .
(B)Is living in the home of another meant for human habitation,a safe (1)A severe,chronic disability of an
because of economic hardship; haven,or in an emergency shelter;and individual that—
(C)Has been notified in writing that (ii)Has been less living or (i)Is attributable to a mental or
their right to occupy their current residing in a place not meant for human physical impairment or combination of
housing or living situation will be habitation,a safe haven,or in an mental and physical impairments;
terminated within 21 days of the date of emergency shelter continuously for at_ (ii)Is manifested before the individual
application for assistance;. least one year or on at least four separate attains age 22;
(D)Lives in a hotel or motel and the occasions in the last 3 years;and (iii)Is likely to continue indefinitely;
cosi of the hotel or motel stay is not paid (iii)Can be diagnosed with one or (iv)Results in substantial functional
by charitable organizations or by more of the following conditions: limitations in three or more of the
federal, State,or local government substance use disorder,serious mental following areas of major life activity:
programs for low-income individuals; illness,developmental disability(as (A) Self-care;
(E) Lives in a single-room occupancy defined in section 102 of the (B)Receptive and expressive
or efficiency apartment unit in which Developmental Disabilities Assistance language;
there reside more than two persons,or Bill of Rights Act of 2000(42 U.S.C. (C)Learning;
'lives in a larger housing unit in which 15002)),post-traumatic stress disorder, (D)Mobility;
there reside more than 1.5 people per cognitive impairments resulting from (E)Self-direction;
room,as defined by the U.S. Census brain injury,or chronic-physical illness (F)Capacity for independent living;
Bureau; or disability; (G)Economic self-sufficiency.
(v)Reflects the individual's need for
(F) Is exiting a publicly funded (2)An individual who has been a combination and sequence of special,
institution,or system of care(such as a residing in an institutional care facility, a combination
liner ,or generic services,
health-care facility,a mental health including a jail,substance abuse or individualized supports,or other forms
facility,foster care or other youth mental health treatment facility, of assistance that are of lifelong or
facility,or correction program or hospital,or other similar facility,for extended duration and are individually
institution); or fewer than 90 days and met all of the planned and coordinated.
(G)Otherwise lives in housing that criteria in paragraph(1)of this P (2)An individual from birth to age 9,
has characteristics associated with definition,before entering that facility; inclusive,who has a substantial
instability and an increased risk of or developmental delay specific
homelessness,as identified in the (3)A family with an adult head of P Y or s p
household(or if there is no adult in the congenital or acquired condition,may
recipient's approved consolidated plan; be considered to have a developmental
(2) A child or youth who does not family,a minor head of household)who disability without meeting three or more
qualify as"homeless under this meets all of the criteria in paragraph(1) Y
section,but qualifies as"homeless" of this definition,including a family of the criteria described in paragraphs
under section 387(3)of the Runaway whose composition has fluctuated white (1)(i)through(v)of the definition of
and Homeless Youth Act(42 U.S.C. the head of household has been "developmental disability"in this
5732a(3)), section 637(11) of the Head homeless. section if the individual,without
Start Act(42 U.S.C. 9832(11)), section Collaborative applicant means the services and supports,has a high
probability y of meeting these criteria
41403(6) of the Violence Against eligible applicant that has been P ) b
Women Act of 1994 (42 U.S.C. 14043e– designated by the Continuum of Care to later i Eligible applicant means a private
2(6)),section 330(h)(5)(A) of the Public apply for a grant for Continuum of Care g PP p
Health Service Act(42 U..S.C. planning funds under this part on behalf government,or instrumentality of State
254b(h)(5)(A)),section 3(m) of the Food of the Continuum.
and Nutrition Act of 2008 (7 U.S.C. Consolidated plan means the HUD- and.local government.
2012(m)), or section 17(b)(15) of the approved plan developed in accordance . Emergency shelter is defined in 24
Child Nutrition Act of 1966(42 U.S.C. with 24 CFR 91. CFR part 576.
1786(b)(15));or Continuum of Care and Continuum Emergency Solutions Grants der 24 der 24
(3)A child or youth who does not means the group organized to carry out means the grants provided un
qualify as "homeless"under this the responsibilities required under this CFR part 576.
45444 Federal Register/Vol. 77, No. 147/Tuesday, Jule 31, 2012/.Rules and Regulations
Fair Market Rent(FMR)means the (ii) Have not had a lease, ownership Point-in--time count means a count of
Fair Market Rents published in the interest,or occupancy agreement in sheltered and unsheltered homeless
Federal Register annually by HUD. permanent housing at any time during persons carried out on one night in the
High-performing community(HPC) the 60 days immediately preceding the last 10 calendar days of January or at
means a Continuum of Care that meets date of application for homeless such other time as required by HUD.
the standards in subpart-E of this part assistance; Private nonprofit organization means
and has been designated as a high- (iii)Have experienced persistent an organization:
performing community by HUD. instability as measured by two moves or (1)No part of the net earnings of
Homeless means: more during the 60-day period which inure to the benefit of any
(1)An individual or family who lacks immediately preceding the date of member,founder,contributor,or
-a fixed,regular,and adequate nighttime applying for homeless assistance;and individual;
residence,meaning: (iv)Can be expected to continue in (2)That has a voluntary board;
(i)An individual or family with a such status for an extended period of-
ence t (3)That has a functioning accounting
primary nighttime residence is a time because of chronic disabilities; system that is operated,in accordance
chronic physical health or mental health with generally accepted accounting
public or private place not designed for
or ordinarily used as a regular sleeping conditions;substance addiction; principles,or has designated a fiscal
accommodation for human beings, histories of domestic violence br agent that will maintain a functioning
including a car,park,abandoned childhood abuse(including neglect);the accounting system for the organization
building,bus or train station,airport,or presence of a child or youth with a in accordance with generally accepted
camping ground; disability;or two or more barriers to accounting principles;and
(ii)An individual or family living in employment,which include the lack of (4)That practices nondiscrimination
a supervised publicly or privately a high school degree-or General in the provision of assistance.
operated shelter designated to provide Education Development(GED), A private nonprofit organization does
p g p illiteracy,low English proficiency,a not include governmental organizations,
temporary living arrangements such as public housing agencies.
(including congregate shelters, history of incarceration or detention for Program is ho ang agens an
transitional housing,and hotels and criminal activity,and a history of individual Pr participant
an
motels paid for by charitable unstable employment;or
State,or (4)Any individual or family kho: unaccompanied youth) or family who is
organizations or by federal,
local government programs for low- (i)Is fleeing,or is attempting to flee, assisted with Continuum of Care
income individuals); or domestic violence, dating violence, program funds.
sexual assault,stalking,or other Project means a group of eligible
(iii)An individual who is exiting an dangerous or life-threatening conditions activities,such as HMIS costs,identified
institution where he or she resided for that relate to violence against the as a project in an application to HUD for
90 days or less and Who resided in an individual or a family member, Continuum of Care funds and includes
emergency shelter or place not meant including a child,that has either taken a structure(or structures) that is (are),
for human habitation immediately place within the individual's or family's acquired,rehabilitated, constructed,'or
before entering that institution; primary nighttime residence or has leased with assistance provided under
(2)An individual or family who will made the individual or family afraid to this part or with respect to which HUD
imminently lose their primary nighttime return to their primary nighttime provides rental assistance or annual .
residence,provided that: residence; payments for operating costs,or
(i)The primary nighttime residence (ii)Has no other residence;and supportive services under this subtitle.
will be lost within 14 days of the date (iii)Lacks the resources or support Recipient means an applicant that.
of application for homeless assistance; networks, e.g.,family,friends,and faith- signs a grant agreement with HUD.
(ii)No subsequent residence has been based or other social networks,to obtain Safe haven means,for the purpose of
identified; and other permanent housing. defining chronically homeless,
(iii)The individual or family lacks the Homeless Management Information supportive housing that meets the
resources or support networks, e.g., System (HMIS)means the information following:
family,friends,faith-based or other system designated by the Continuum of (1)Serves,hard to reach homeless
social networks,needed to obtain other Care to comply with the HMIS persons with severe mental illness who
permanent housing, requirements prescribed by HUD. came from the streets and have been
(3)Unaccompanied youth under 25 HMIS Lead means the entity unwilling or unable,to participate in.
years of age,or families with children designated by the Continuum of Care in supportive services;
and youth,who do not otherwise accordance with this part to operate the (2)Provides 24-hour residence for
qualify as homeless under this Continuum's HMIS on its behalf. ' eligible persons for an unspecified
definition,but Who: Permanent housing means period;
(i) Are defined as homeless under community-based housing without a (3)Has an overnight capacity limited
section 387 of the Runaway and designated length of stay,and includes to 25 or fewer persons; and
Homeless Youth Act(42 U.S.C. 5732a), both permanent supportive housing and (4)Provides low-demand services and
section 637 of the Head Start Act(42 rapid rehousing.To be permanent referrals for the residents.
U.S.C. 9832),section 41403 of the housing,the program participant must State means each of the 50 States,the
Violence Against Women Act of 1994 be the tenant on a lease for a term of at District of Columbia, the
(42 U.S.C. 14043e-2),section 330(h)of least one year,which is renewable for Commonwealth of Puerto Rico,
the Public Health Service Act(42 U.S.C. terms that are a minimum of one month American Samoa,Guam,the
254b(h)),section 3 of the Food and long,and is terminable only for cause. Commonwealth of the Northern
Nutrition Act of 2008(7 U.S.C. 2012), Permanent supportive housing means Marianas,and the Virgin Islands.
section 17(b) of the Child Nutrition Act permanent housing in which supportive Subrecipient means a private
of 1966 (42 U.S.C. 1786(b)), or section services are provided to assist homeless nonprofit organization,State,local
725 of the McKinney-Vento Homeless persons with a disability to live government,or instrumentality of State
Assistance Act (42 U.S.C. 11434a); independently. or local government that receives a
Federal Register/Vol. 77, No. 147/Tuesday, July 31,.2012/Rules and Regulations 45445
sub-,rant from the recipient to carry out to comply with the requirements of Continuum of Care assistance.At a
a project.- paragraph(b) of this section. minimum,these written standards must
include:
Transitional housing means housing,
§578.7 Responsibilities of the Continuum (i)Policies and procedures for
where all program participants have of Care. evaluating individuals'and families'
signed a lease or occupancy agreement, (a) Operate the Continuum of Care. eligibility for assistance under this part;
the purpose of which.is to facilitate the The Continuum.of Care must: (ii)Policies and procedures for
movement of homeless individuals and (1)Hold meetings of the full determining and prioritizing which
families into permanent housing within membership,with published agendas,at eligible individuals and families will
24,months or such longer.period as least semi-annually; receive transitional housing assistance;
HUD determines necessary.The (2)Make an invitation for new (iii)Policies and procedures for
program participant must have a lease members to join publicly available determining and prioritizing which
or occupancy agreement for a term A at within the geographic at least annually; eligible individuals and families will
least one month that ends in 24 months (3)Adopt and follow a written receive rapid rehousing assistance;
and cannot be extended. process to select a board to act on behalf (iv) Standards for determining what
Unified Funding Agency(UFA)means of the Continuum of Care.The process percentage or amount of rent each
an eligible applicant selected by the must be reviewed,updated,and program participant must pay while
Continuum of Care to apply for a grant approved by the Continuum at least receiving rapid rehousing assistance;
for the entire Continuum,which has the once every 5 years; (v)Policies and.procedures for
capacity to carry out the duties in (4)Appoint additional committees, determining and prioritizing which
§578.11(b),which is approved by HUD subcommittees,or workgroups; eligible individuals and families will
and to which HUD awards a grant. (5)In consultation with the receive permanent supportive housing
Victim service provider means a collaborative applicant and the HMIS assistance;and
private nonprofit organization whose Lead,develop,follow,and update (vi)Where the Continuum is
primary mission is to provide services annually a governance charter,which designated a-high-performing
to victims of domestic violence,dating will include all procedures and policies community, as described in subpart G of
violence,sexual assault,or stalking. needed to comply with subpart B of this this part,policies and procedures set
This term includes rape crisis centers; part and with HMIS requirements as forth in 24 CFR 576.400(e)(3)(vi),
battered women's shelters,domestic prescribed by HUD;and a code of (e)(3)(vii), (e)(3)(viii),and(e)(3 )(ix).
violence transitional housing programs, conduct and recusal process for the (b)Designating and operating an
and other programs. board,its chair(s),and any person acting HMIS.The Continuum of Care must:
on behalf of the board; (1)Designate a single Homeless
Subpart B—Establishing and (6)Consult with recipients and Management Information System
Operating a Continuum of Care subrecipients to establish performance (HMIS) for the geographic area;
targets appropriate for population and (2)Designate an eligible applicant to
§578.5 Establishing the Continuum of program type,monitor recipient and manage the Continuum's HMIS,which.
Care.
subrecipient performance,evaluate will be known as the HMIS Lead;
(a) The Continuum of Care. outcomes,and take action against poor .(3)Review,revise, and approve a
Representatives from relevant performers; privacy plan,security plan,and data
organizations within a geographic area (7)Evaluate outcomes of projects quality plan for the HMIS.
shall establish a Continuum of Care for funded under the Emergency Solutions (4)Ensure consistent participation of
the geographic area to carry out the Grants program and the-Continuum of recipients and subrecipients in the
duties of this part.Relevant Care program,and report to HUD; HMIS;and
organizations include nonprofit (8)In consultation with recipients of (5)Ensure the HMIS is administered
homeless assistance providers,victim Emergency Solutions Grants program in compliance with requirements
service providers,faith-based funds within the geographic area, prescribed by HUD.
organizations,governments,businesses, establish and operate either a (c) Continuum of Care planning.The
advocates, public housing agencies, - centralized or coordinated assessment Continuum must develop a plan that
school districts,social service providers, system that provides an initial, includes:
mental health agencies,hospitals, comprehensive assessment of the needs (1)Coordinating the implementation
universities, affordable housing of individuals and families for housing of a housing and service system within
developers,lave enforcement,and and services.The Continuum must its geographic area that meets the needs
organizations that serve veterans and develop a specific policy to guide the of the homeless individuals (including
homeless and formerly homeless operation of the centralized or unaccompanied youth)and families.At
individuals. coordinated assessment system on how a minimum,such system encompasses
(b) The board.The Continuum of Care its system will address the needs of the following:
must establish a board to act on behalf individuals and families who are W Outreach,engagement,and
of the Continuum using the process fleeing, or attempting to flee,domestic assessment;
established as a requirement by violence,dating violence,sexual (ii) Shelter,housing,and supportive
§578.7(a)(3) and must comply with the assault, or stalking,but who are seeking services;
conflict-of-interest requirements at shelter or services from nonvictim (iii)Prevention strategies.
§578.95(b).The board must: service providers.This system must (2)Planning for and conducting, at
(1)Be representative of the relevant comply with any requirements least biennially,a point-in-time count of
organizations and of projects serving established by HUD by Notice. homeless persons within the geographic
homeless subpopulations;and (9)In consultation with recipients of area that meets the following
(2)Include at least one homeless or Emergency Solutions Grants program requirements:
formerly homeless individual. funds ulTithin the geographic area, (i)Homeless persons who are living in
(c) Transition.Continuums of Care establish and consistently follow a place not designed or ordinarily used
shall have 2 years after August 30,2012 written standards for providing as a regular sleeping accommodation for
45446 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
humans must be counted as unsheltered §578.11 Unified Funding Agency. collaborative applicant and give them
homeless persons. (a)Becoming a Unified Funding an opportunity to respond.
(ii)Persons living in emergency Agency.To become designated as the
shelters and transitional housing Unified Funding Agency(UFA)fora Subpart C—Application and Grant
.projects must be counted as sheltered Continuum,a collaborative applicant Award Process
homeless persons. must be selected by the Continuum to §578.15 Eligible applicants.
(iii)Other requirements established apply to HUD to be designated as the (a) Who may apply.Nonprofit
by HUD by Notice. UFA for the Continuum organizations,,States,local governments,
(3)Conducting an annual gaps (b) Criteria for designating a UFA. and instrumentalities of State or local
analysis of the homeless needs and HUD will consider these criteria when governments are eligible to apply for
services available within the geographic deciding whether to designate a grants.
area; collaborative applicant a UFA: (b)Designation by the ContintTLim of
(4)Providing information required to (1)The Continuum of Care it Care.Eligible applicant(s) must have
complete the Consolidated Plan(s) represents meets the requirements in been designated b the Continuum of
within the Continuum's geographic §578.7; y
(2)The collaborative.applicant has Care to submit an application for grant
area; funds under this part.The designation
(5) Consulting with State and local financial management systems that meet must state whether the Continuum is
government Emergency Solutions the standards set forth in 24 CFR 84.21 designating more than one applicant to
Grants program recipients within the (for nonprofit organizations)and 24 CFR apply for funds and,if it is,which
Continuum's geographic,-area on the 85.20 (for States); applicant is being designated as the
plan for allocating Emergency Solutions (3)The collaborative applicant collaborative applicant.If the
Grants program funds and reporting on demonstrates the ability to monitor Continuum is designating only one
and evaluating the performance of . subrecipients;and applicant to apply for funds,the
Emergency Solutions Grants program (4) Such other criteria as HUD may Continuum must designate that
recipients and subrecipients. establish by NOFA. applicant to be the collaborative
(c)Requirements.HUD-designated a licant.
§578.9 Preparing an application for funds. PP
UFAs shall: (c)Exclusion.For-profit entities are
(a)The Continuum must: (1)Apply to HUD for funding for all not eligible to apply for grants or to be
(1)Design,operate,and follow a of the projects within the geographic subrecipients of grant funds.
collaborative process for the area and enter into a grant agreement
development of applications and with HUD for the entire geographic area. §578.17 Overview of application and grant
approve the submission of applications (2)Enter into legally binding award process.
in response to a NOFA published by agreements with subrecipients,and_ (a)Formula. (1)'After enactment of the
HUD under§578.19 of this subpart; receive and distribute funds to annual appropriations act for each fiscal
(2)Establish priorities for funding subrecipients for all projects within the year,and issuance of the NOFA,HUD
projects in the geographic area; geographic area. will publish, o'n its Web site,the
(3)Determine if one application for (3)Require subrecipients to.establish Preliminary Pro Ra.ta Need (PPRN)
funding will be submitted for all fiscal control and accounting assigned to metropolitan cities,urban
projects within the geographic area or if procedures as necessary to assure the counties,and all other counties.
more than one application will be proper disbursal of and accounting for (2)HUD will apply the formula used
submitted for the projects within the federal funds in accordance with the to determine PPRN established in
geographic area; requirements of 24 CFR parts 84 and 85 paragraph(a)(3) of this section,to the
M If more than one application will and corresponding OMB circulars. amount of funds being made available
be submitted,designate an eligible (4)Obtain approval of any proposed under the NOFA.That amount is
applicant to be the collaborative grant agreement amendments by the calculated by:
applicant that will collect and combine Continuum of Care before submitting a (i)Determining the total amount for
the required application information request for an amendment to HUD. the Continuum of Care competition in
from all applicants and for all projects accordance with section 413 of the Act
within the geographic area that the §578.13 Remedial action. or as otherwise directed by the annual
Continuum has selected funding.The (a)If HUD finds that the Continuum appropriations act;
collaborative applicant will also apply of Care for a geographic area does not (ii)From the amount in paragraph
for Continuum of Care planning meet the requirements of the Act or its (a)(2)(i) of this section,deducting the
activities.If the Continuum is an implementing regulations,.or that there amount published in the NOFA as being
eligible applicant,it may designate is no Continuum for a geographic area, set aside to provide a bonus to
itself; HUD may take remedial action to ensure geographic areas for activities that have
(ii) If only one application will be fair distribution of grant funds within proven to be effective in reducing
submitted,that applicant will be the the geographic area. Such measures may homelessness generally or for specific
collaborative applicant and will collect include: subpopulations listed in the NOFA or
and combine the required application (1)Designating a replacement achieving homeless prevention and
information from all projects within the Continuum of Care for the geographic independent living goals established in
geographic area that the Continuum has area; the NOFA and to meet policy priorities
selected for funding and apply for (2)Designating a replacement set in the NOFA;and
Continuum of Care and
activities; collaborative applicant for the (iii)Deducting the amount of funding
M The Continuum retains all of its Continuum's geographic area;and necessary for Continuum of Care
responsibilities,even if it designates one (3)Accepting applications from other planning activities and UFA costs.
or more eligible applicants other than eligible applicants within the (3)PPRN is calculated on the amount
itself to apply for funds on behalf of the Continuum's geographic area. determined under paragraph (a)(2) of
Continuum. This includes approving (b)HUD must provide a 30-day prior this.section by using the following
the Continuum of Care application. written notice to the Continuum and its formula:
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations .45447
W Two percent will be allocated is the base for the maximum award months in the case of funds for
among the four insular areas (American amount for the Continuum. acquisition,rehabilitation,or new
Samoa,Guam,the Commonwealth of (4)Establishing the maximum award construction.The 12-month deadline
the Northern Marianas,and the Virgin amount.The maximum award amount may be extended by HUD for up to 12
Islands) on the basis of the ratio of the for the Continuum is the FPRN amount additional months upon a showing of
population of each insular area to the plus any additional eligible amounts for compelling reasons for delay due to
population of all insular areas. Continuum planning; UFA costs; factors beyond the control of the
(ii) Seventy-five percent of the adjustments to leasing,operating and recipient or subrecipient.
remaining amount will be allocated, rental assistance line items based on §578.23 Executing grant agreements.
using the Community Development changes to FMR;and available bonuses. (a)Deadline.No later than 45 days
Block Grant(CDBG)formula,to 578.19 Application process. from the date when all conditions are
metropolitan cities and urban counties §
that have been funded under either the (a)Notice of Funding Availability. satisfied,the recipient and HUD must
Emergency Shelter Grants or Emergency After enactment of the annual execute the grant agreement.
Solutions Grants programs in any one appropriations act for the fiscal year, (b) Grant agreements. (1) Multiple
year since 2004. HUD will issue a NOFA in accordance applicants'for one Continuum.If a
(iii)The amount remaining after the with the requirements of 24 CFR part 4. Continuum designates more than one
allocation under paragraphs (a)(1)and (b)Applications.All applications to applicant for the geographic area,HUD
(2)of this section will be allocated, HUD,including applications for grant will enter into a grant agreement with
using the CDBG formula,to funds and requests for designation as a each designated applicant for which an
metropolitan cities and urban counties UFA or HPC,must�be submitted at such award is announced.
that have not been funded under the time and in such manner as HUD may (2) One applicant for a Continuum.If
Emergency Solutions Grants program in require,and contain such information as a Continuum designates only one
any year since 2004 and all other HUD determines necessary.At a applicant for the geographic area,after
counties in the United States and Puerto minimum,an application for grant awarding funds,HUD may enter into a
-Rico. funds must contain a list of the projects grant agreement with that applicant for
(4)If the calculation in paragraph -for which it is applying for funds;a new awards,if any, and one grant
(a)(2) of this section results in an description of the projects;a list of the agreement for renewals,Continuum of
amount less than the amount required to projects that will be carried out by Care planning,and UFA costs,if any.
renew all projects eligible for renewal in subrecipients and the names of the These two grants will cover the entire
that year for at least one year,after subrecipients;a description of the geographic area.A default by the
making adjustments proportional to subpopulations of homeless or at risk of recipient under one of those grant
increases in fair market rents for the homelessness to be served by projects; agreements will also be a default under.
geographic area for leasing,operating, the number of units to be provided and/ the other.
and rental assistance for permanent or the number of persons to be served (3) Unified Funding Agencies.If a
housing,HUD will reduce, by each project;a budget request by Continuum is a UFA that HUD has
proportionately,the total amount project;and reasonable as that approved,then HUD will enter into one
required to renew all projects eligible the applicant,or the subrecipient,�nrill grant agreement with the UFA for new
for renewal in that year for at least one own or have control of a site for the awards,if any,and one grant agreement
year,for each Continuum of Care.HUD proposed project not later than the for renewals,Continuum of Care
will publish,via the NOFA,the total expiration of the 12-month period planning and UFA costs,if any. These
dollar amount that every Continuum beginning upon notification of an award two grants will cover the entire
will be required to deduct from renewal for grant assistance. geographic area.A default by the UFA
projects Continuum-wide. 578.21 Awarding funds. under one of those grant agreements
(b) Calculating a Continuum of Care's § will also be a default under the other.
ma�;imum award amount. (1)Establish (a)Selection.HUD will review (c) Required agreements.Recipients
the PPRN amount.First,HUD will total applications in accordance with the will be required to sign a grant
the PPRN amounts for each guidelines and procedures provided in
agreement in which the recipient agrees:
metropolitan city,urban county,other the NOFA and will award funds to (1)To ensure the operation of the
county,and insular area claimed by the recipients through a national ro ect s in accordance with the
Continuum as part of its geographic competition based on.selection criteria provisions of the McKinney-Veto Act
area,excluding any counties applying as defined in section 427 of the Act. and all requirements under 24 CFR part
for or receiving funding from the Rural (b)Announcement of awards.HUD q
g g will announce awards and notify 578;
Housing Stability Assistance program - 2 To monitor and report the progress
under 24 CFR part 579. selected applicants of any conditions ( ) p p b
(2)Establishing renewal demand. imposed on awards.Conditions must be of the project(s)to the Continuum of
Next,HUD will determine the renewal satisfied before HUD will execute a Care and HUD;
rant a reement with the applicant. (3)To ensure,to the maximum extent
demand within the Continuum's g g
that individuals and
geographic area.Renewal demand is the (c) Satisfyi�lg conditions.HUD will practicable,
sum of the annual renewal amounts of withdraw an award if the applicant does families experiencing homelessness are
all projects within the Continuum not satisfy all conditions imposed.on it. involved,through employment,
eligible to apply for renewal in that Correcting all issues and conditions provision of volunteer services,or
fiscal year's competition,before any -attached to an award must be completed otherwise,in,constructing,
adjustments to rental assistance,leasing, within the time frame established in the rehabilitating,maintaining, and
operating facilities for the project and in
and operating line.items based on FMR NOFA.Proof of site control,match, rovidin supportive services for the
changes. environmental review,and the P g PP
(3)Establishing FPRN.The higher of documentation of financial feasibility project;
PPRN or renewal demand for the must be completed within 12 months of (4)To require certification from all
Continuum of Care is the FPRN,which the announcement of the award,or 24 subrecipients that:
45448 - Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
(i) Subrecipients will maintain the meets HUD's minimum requirements ensure that the project is operated in
confidentiality of records pertaining to and the victim service provider uses compliance with law and regulation for
any individual or family that was that system instead; 15 years from the date of initial
provided family violence prevention or (10)To follow the written standards occupancy or initial service provision.
treatment services through the project; for providing Continuum of Care The partnership or corporation must
(ii)The address or location of any assistance developed by the Continuum oven the project site throughout the,15-
family violence project assisted under of Care,including the minimum year period. If grant funds were not used
this part will not be made public,except requirements set forth in§578.7(a)(9); for acquisition,rehabilitation,or new
with written authorization of the person- (11)Enter into subrecipient construction,then the recipient or
responsible for the operation of such agreements requiring subrecipients to subrecipient must maintain control for
project; operate the project(s)in accordance the term of the grant agreement and any
(iii) Subrecipients will establish with the provisions of this Act and all renewals thereof.
policies and practices that are consistent requirements under 24 CFR part 578;
with,and do not restrict,the exercise of and §578.27 Consolidated plan.
rights provided by subtitle B of title VII (12)To comply with such other terms (a)States or units of general local
of the Act and other laws relating to the and conditions as HUD may establish by government.An applicant that is a State
provision of educational and-related NOFA. or a unit of general local government
services to individuals and families must have a HUD-approved,complete
experiencing homelessness; §578.25 Site control. or abbreviated, consolidated plan in
(iv)In the case of projects that provide (a)In general.When grant funds will accordance with 24 CFR part 91. The
housing or services to families,that be used for acquisition,rehabilitation," applicant must submit a certification
subrecipients will designate a staff new construction,operating costs,or.to that the application for funding is
person to be responsible for ensuring provide supportive services,the consistent with the HUD-approved
that children being served in the recipient or subrecipient must consolidated plan(s) for the
program are enrolled in school and demonstrate that it has site control jurisdiction(s)in which the proposed
connected to appropriate services in the within the time frame established in project will be located.Funded
community,including early childhood section§578.21 before HUD will applicants must certify in a grant
programs such as Head Start,part C of execute a grant agreement.This agreement that they are following the.
the Individuals with Disabilities requirement does not apply to funds', HUD-approved consolidated plan.
Education Act,and programs authorized used for housing that will eventually be. (b) Other applicants.Applicants that
under subtitle B of title VII of the Act; owned or controlled by the individuals are not States or units of general local
(v)The subrecipient,its officers,and or families served or for supportive government must submit a certification
employees are not debarred or services provided at sites not operated by the jurisdiction(s)in which the .
suspended from doing business with the by the recipient or subrecipient. proposed project will be located that the -
Federal Government;and (b)Evidence.Acceptable evidence of applicant's application for funding is,
(vi) Subrecipients will provide site control is a deed or lease.If grant consistent with the jurisdiction's HUD-
information, such as data and reports,as funds will be used for acquisition, approved consolidated plan.The
required by HUD;and acceptable evidence of site control will certification must be made by the unit
(5)To establish such fiscal control be a purchase agreement.The owner, of general local government or the State,
and accounting procedures as may be lessee,and purchaser shown on these in accordance with the consistency
necessary to assure the proper disbursal . documents must be the selected certification provisions under 24 CFR
of,and accounting for grant funds in applicant or intended subrecipient part 91, subpart F.If the jurisdiction
order to ensure that all financial identified in the application for refuses to provide a certification of
transactions are conducted,and records assistance. consistency,the applicant may appeal
maintained in accordance with (c) Tax credit projects. (1)Applicants to HUD under§578.35.
generally accepted accounting that plan to use the low-income housing (c) Timing of consolidated plan
principles,if the recipient is a UFA; tax credit authorized under 26 U.S.C.42 certification submissions.The required
(6)To monitor subrecipient match to finance a project must prove to HUD's certification that the application for
and report on match to HUD; satisfaction that the applicant or funding is consistent with the HUD-
(7)To take the educational needs of subrecipient identified in the approved consolidated plan must be
children into account when families are application is in control of the limited submitted by the funding application
placed in housing and will,to the partnership or limited liability submission deadline announced in the.
maximum extent practicable,place corporation that has a deed or lease for NOFA.
families with children as close as the project site.
possible to their school of origin so as (i)To have control of the limited §578.29 .Subsidy layering.
not to disrupt such children's partnership,the applicant or HUD may provide assistance under
education; subrecipient must be the general partner this program-only in accordance with
(8)To monitor subrecipients at least of the limited partnership or have a 51 HUD subsidy layering requirements in
annually; percent controlling interest in that section 102 of the Housing and Urban
(9)To use,the centralized or general partner. Development Reform Act of 1989 (42
coordinated assessment system (ii) To have control of the limited U.S.C. 3545) and 24 CFR part 4, subpart
established by the Continuum of Care as liability company,the applicant or A. An'applicant must submit
set forth in§578.7(a)(8).A victim subrecipient must be the sole managing information in its application on other
service provider may choose not to use member. sources of governmental assistance that
the Continuum of Care's centralized or (2)If grant funds are to be used for the applicant has received,or
coordinated assessment system; acquisition,rehabilitation,or new reasonably expects to receive, for a
provided that victim service providers construction,the recipient or proposed project or activities. HUD's
in the area use a centralized or subrecipient must maintain control of review of this information is intended to
coordinated assessment system that the partnership or corporation and must prevent excessive public assistance for
Federal Register/Vol. 77, INTO. 147/Tuesday, July 31, 2012/Rules and Regulations 45449
ii
proposed project or activities by (ii)U 100 P to P ercent of the amount §578.35 Appeal.
combining(layering)assistance under for leasing and operating in the final proacedures orameet the deadlines the
this program with other governmental year of the prior funding period
housing assistance from federal,State, adjusted in proportion to changes in the established in this section will result in
or local agencies,including assistance FMR for the geographic area;and denial of the appeal.
(b) Solo applicants. (1) Who may
such as tax concessions or tax credits. (iii)For rental assistance,i p to 100 appeal.Nonprofits, States,and local
percent of the result of multiplying the pp P
§578.31. Environmental review. governments,and instrumentalities of
number and unit size(s)in the grant State or local governments that
(a)Activities under this part are agreement by the number of months in attempted to participate in the
subject to environmental review by the renewal grant term and the Continuum of Care planning process in
HUD under 24 CFR part 50.The applicable FMR. the geographic area in which they
recipient or subrecipient shall supply (d)Review criteria. (1)Awards made operate,that believe they were denied
all available,,relevant information under title IV of the Act,as in effect the right to participate in a reasonable
necessary for HUD to perform,for each before August 30, 2012 are eligible for manner,and that submitted a solo
property,any environmental review renewal in the Continuum of Care application for funding by the
required by 24 CFR part 50.The program even if the awardees would not application deadline established in the
recipient or.subrecipient must carry out be eligible for a new grant under the NOFA,may appeal the decision of the
mitigating measures required by HUD or program,so long as they continue to Continuum to HUD.
select an alternate eligible property. serve the same population and the same (2)ATotice of intent to appeal.The
HUD may eliminate from consideration number of persons or units in the same solo applicant must submit a written
any application that would require an type of housing as identified in their notice of intent to appeal,with a copy
Environmental Impact Statement. most recently amended grant agreement to the Continuum,with their funding
(b)The recipient or subrecipient,its signed before August 30,2012.Grants ap lication.
project partners,and their contractors will be renewed if HUD receives a �3)Deadline for submitting proof.No
may not acquire,rehabilitate,convert, certification from the Continuum that later than 30 days after the date that
lease,repair,dispose of,demolish,or there is a demonstrated need for the HUD announces the awards,the solo
construct property for a project under project,and HUD finds that the project applicant shall submit in writing,with
this part, or commit or expend HUD.or complied with program requirements a copy to the Continuum,all relevant
local funds for such eligible activities applicable before August 30, 2012:For evidence supporting its claim,in such
under this part,until HUD has purposes-of meeting the requirements of manner as HUD may require by Notice.
performed an environmental review this part,a project will continue to be (4)Response from the Continuum of
under 24 CFR part 50 and the recipient administered in accordance with 24 Care.The Continuum shall have 30 days
or subrecipient has received HUD CFR 582.330, if the project received from the date of its receipt of the solo
approval of the property. funding under the Shelter Plus Care applicant's evidence to respond to HUD
§578.33 Renewals. program,or 24 CFR 583.325,if the in writing and in such manner as HUD
project received funding under the may require,with a copy to the solo
(a)In general.Awards made under Supportive Housing Program. applicant.
this part and title IV of the Act,as in (2)Renewal of awards made after (5)Decision.HUD will notify the solo
effect before August 30, 2012 (the applicant and the Continuum of its
August 30,2012.Review criteria for PP
Supportive Housing Program and the competitively awarded renewals made decision within 60 days of receipt of the
Shelter Plus Care program),may after August 30,2012 will be described Continuum's response.
renewed to continue ongoing leasing, in the NOFA. (6)Funding.If HUD finds that the solo
operations,supportive services,rental applicant was not permitted to
(e) Unsuccessful projects.HUD may participate in the Continuum of Care
assistance,HMIS,and administration renew a ro ect that was eligible for
beyond the initial funding period.To be renewal in the competition and was part planning process in a reasonable
considered for funding,recipients must e e application that was not funded manner,then HUD may award a grant
submit a request in a form specified by pP to the.solo applicant when funds next
HUD,must meet the requirements of despite having been submitted on time, become available and may direct the
this part, and must submit the request in the manner required by HUD,and Continuum of Care to take remedial
within the time frame established by containing the information required by steps to ensure reasonable participation .
HUD. HUD,upon a finding that the project in the future.HUD may also reduce the
meets the purposes of the Continuum of award to the Continuum's applicant(s).
(b)Length of renewal.HUD may Care program.The renewal will not (c)Denied or decreased funding. (1)
award up to 3 years of funds for exceed more than one year and will be
supportive services,leasing,HMIS,and Who may appeal.Eligible applicants
operating costs.Renewals of tenant- under such conditions as HUD deems that are denied funds by HUD, or that
based and sponsor-based rental
appropriate. requested more funds than HUD
Annual Per ormance Report awarded to.them,may appeal the award
assistance may be for up to one year.of ( f
rental assistance.Renewals of project- condition.HUD may terminate the by filing a written appeal,in such form
based rental assistance maybe for up to renewal of any grant and require the and manner as HUD may require by
based
of rental assistance,subject to recipient to repay the renewal grant if: Notice,within 45 days of the date of
availability e annual appropriations. (1)The recipient fails to timely HUD's announcement of the award.
(c)Assistance available. (1) submit a HUD Annual Performance (2) Decision.HUD will notify the
Assistance during each year of a Report(APR) for the grant year applicant of its decision on the appeal
renewal period may be for: immediately prior to renewal;or within 60 days of HUD's receipt of the
(i)Up to 100 percent of the amount (2)The recipient submits an APR that written appeal.HUD will reverse a
for supportive services and HMIS-costs HUD unacceptable or shows
with the requirements decision only
HUD error 1 the caused the denial
in the final year of the prior funding of th°D pnt and this part. q or decrease.
period;
45450 Federal Register/Vol. 77, .No._147/Tuesday, July 31, 2012/Rules and Regulations
(3) Fundi2lg.AtiTards and increases to response.As part of its review,HUD a homeless individual or family,with or
awards made upon appeal will be made will consider: without disabilities, move as quickly as
from next available funds. (A)Whether the applicant submitted possible into permanent housing and
(d) Competing Continuums of Care. the request to the appropriate political achieve stability in that housing. When
(1)In general.If more than one jurisdiction;and providing short-term and/or medium-
Continuum of Care claims the same (B)The reasonableness of the term rental assistance to program
geographic area,HUD will award funds jurisdiction's refusal to provide the participants,the rental.assistance is
to the Continuum applicant(s)whose _ certificate. subject to§578.51(a)(1),but not
application(s)has the highest total (ii)If the jurisdiction did not provide §578.51(a)(1)(i) and (ii);(a)(2); (c) and
score.No projects will be funded from written reasons for refusal,including (f)through(i); and(1)(1).These projects:
the lower scoring Continuum.No 'the reasons why the project is not (A)Must follow the written policies
projects that are submitted in two or consistent with the jurisdiction's and procedures established by the
more competing Continuum of Care Consolidated Plan in its initial response Continuum of Care for determining and
applications will be funded. to the applicant's request for a prioritizing which eligible families and
(2) Who may appeal.The designated certification,HUD will find for the individuals will receive rapid rehousing
applicant(s) for the lower scoring applicant without further inquiry or assistance,as well as the amount or
Continuum may appeal HUD's decision response from the political jurisdiction. percentage of rent that each program
to fund the application(s)from the participant must pay.
competing Continuum by filing a Subpart D—Program Components and (B)May set a maximum amount or
written appeal,in such form and Eligible Costs � _ percentage of rental assistance that a
manner as HUD may require by Notice, 578.37 Pro ram com onents and uses of Program participant may receive,a .
within 45 days of the date of HUD s § 9 P maximum number of months that a
y assistance. program participant may receive rental
announcement of the award. (a)Continuum of Care funds may be assistance,and/or a maximum number
(3)Decision.HUD will notify the used to' a for the eligible costs listed
applicant(s) of its decision on the appeal pay g of times that a program participant may .
within nt days of the date of.HUD's in§578.39 through§578.63 when used receive rental assistance.The recipient
receipt 0 the written appeal.HUD will to establish and operate projects under or subrecipient may also require
reverse a decision only upon a showing five program components:permanent program participants to share in the
by the applicant that HUD error caused housing;transitional housing; costs of rent.For the purposes of
the denial. supportive services-only;HMIS;and,in calculating rent for rapid rehousing,the
(e) Consolidated plan certification. (1) some cases,homelessness prevention. rent shall equal the sum of the total
1n general.An applicant may appeal to Although grant funds may be used by monthly rent for the unit and,if the
HUD a jurisdiction's refusal to provide recipients and subrecipients in all tenant pays separately for utilities,the
a certification of consistency with the components for the eligible costs of monthly allowance for utilities
Consolidated Plan. contributing data to the HMIS (excluding telephone) established by the
(2)Procedure.The applicant must designated by the Continuum of Care, public housing authority for the area in
submit a written.appeal with its only HMIS Leads may use grant funds which the housing is located.
application to HUD and send a copy of for an HMIS component.Administrative (C)Limit rental assistance to no more
the appeal to the jurisdiction that costs are eligible for all components.All than 24 months to a household.
denied the certification of consistency. components are subject to the (D)May provide supportive services
The appeal must include,at a restrictions on combining funds for for no longer than 6 months after rental
minimum: certain eligible.activities in a single assistance stops.
(i)A copy of the applicant's request project found in§578.87(c).The eligible (E)Must re-evaluate,not less than
to the jurisdiction for the certification of program components are: once annually,that the program
consistency with the Consolidated Plan;. (1)Permanent housing(PH). participant lacks sufficient resources
(ii)A copy of the jurisdiction's Permanent housing is community-based and support networks necessary to
response stating the reasons for denial, housing,the purpose of which is to retain housing without Continuum of
including the reasons the proposed provide housing without a designated Care assistance and the types and
project is not consistent with the length of stay.Grant funds may be used amounts of assistance that the program
jurisdiction's Consolidated Plan in for acquisition,rehabilitation,new participant needs to retain housing.The
accordance with 24 CFR 91.500(c);and construction,leasing,rental assistance, recipient or subrecipient may require
(iii)A statement of the reasons why operating costs,and supportive services. each program participant receiving
the applicant believes its project is PH includes: assistance to notify the recipient or
consistent with the jurisdiction's (i)Permanent supportive Dousing for subrecipient of changes in the program
Consolidated Plan. persons with disabilities(PSH).PSH can participant's income or other
(3)Jurisdiction response.The only provide assistance to individuals circumstances (e.g., changes in
jurisdiction that refused to provide the with disabilities and families in which household composition)that affect the
certification of consistency with the one adult or child has a disability. program participant's need for
jurisdiction's Consolidated Plan shall Supportive services designed to meet assistance.When notified of a relevant
have 10 days after receipt of a copy of the needs of the program participants change,the recipient or subrecipient
the appeal to submit a written must be made available to the program must reevaluate the program
explanation of the reasons originally participants. participant's eligibility and the amount
given for refusing to provide the (ii)Rapid rehousing.Continuum of and types of assistance that the program
certification and a written rebuttal to Care funds may provide supportive participant needs.
any claims made by the applicant in the services,as set forth in§578.53,and/or (F)Require the program participant to
appeal. short-term (up to 3 months)and/or meet with a case manager not less than
(4)HUD reviei4,. (i)HUD will issue its medium-term (for 3 to 24 months) once per month to assist the program
decision within 45 days of the date of tenant-based rental assistance,as set participant in ensuring long-term
HUD's receipt of the jurisdiction's 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 45451
from this requirement if the Violence (7)Establish and operate an HMIS or (5)Participating in the consolidated
Against Women Act of 1994 (42 U.S.C. comparable database;and plan(s) of the jurisdiction(s)in the
13925 et seq.)or the Family Violence (8)Establish and carry out a geographic area;and
(6)Preparing and submitting an
Prevention and Services Act(42 U.S.C. Continuum of Care planning process
10401 et seq.)prohibits the recipient and operate a Continuum of Care. application to HUD C behalf of the
carrying out the project from making its (c)Multiple purposes. Structures used entire Continuum of Care membership, .
housing conditional on the participant's to provide housing,supportive housing, including conducting a sheltered.and
acceptance of services. supportive services,or as a facility for unsheltered point-in-time count and
(2) Transitional Housing(TH). HMIS activities may also be used for other data collection as required by
Transitional housing facilitates the other purposes.However,assistance HUD.
movement of homeless individuals and under this part will be available only in (c)Monitoring costs.The costs of
families to PH within 24 months of proportion to the use of the structure for monitoring recipients and subrecipients
entering TH.Grant funds may be used supportive housing or supportive and enforcing compliance with program
for acquisition,rehabilitation,new services.If eligible and ineligible requirements are eligible.
construction,leasing,rental assistance, activities are carried out in separate §578.41 Unified Funding Agency costs.
operating costs,and supportive services. portions of the same structure or in (a)In general.UFAs may use up to 3
(3) Supportive Service Only(SSO). separate structures,grant funds may not percent of their FPRN, or a maximum
Funds may be used for acquisition, be used to pay for more than the actual amount to be established by the NOFA,
rehabilitation,relocation costs,or cost of acquisition,construction,or
whichever is less,for fiscal control and
leasing of a facility from which rehabilitation of the portion of the accounting costs necessary to assure the
supportive services will be provided, structure or structures used for eligible proper disbursal of,and accounting for,
and supportive services in order to activities.If eligible and ineligible federal.funds awarded to subrecipients
provide supportive services to activities are carried out in the same under the Continuum of Care program.
unsheltered and sheltered homeless structure,the costs will be prorated (b) UFA costs.UFA costs include
persons for whom the recipient or based on the amount of time that the costs of ensuring that all financial
subrecipient is not providing housing or space is used for eligible versus transactions carried out under the
housing assistance. SSO includes street ineligible activities. Continuum of Care program are
outreach. conducted and records are maintained
(4)HMIS.Funds may be used by §578.39 Continuum of Care planning in accordance with generally accepted
HMIS Leads to lease a structure in activities. -
a)In general.Collaborative. accounting principles, including
(
which the HMIS is operated or as g arranging for an annual survey,audit,or
operating funds to operate a structure in applicants may-use up to 3 percent of evaluation of the financial records of
which the HMIS is operated,and for their FPRN,or a maximum amount to be each project carried out by a
other costs eligible in§578.57. established by the NOFA,for costs of: subrecipient funded by a grant received
(5)Homelessness prevention.Funds (1)Designing and carrying out a through the Continuum of Care
may be used by recipients in collaborative process for the ram.
Continuums of Care-designated high-, development of an application to HUD; program.
(c)Monitoring costs.The costs of
performing communities for housing (2)Evaluating the outcomes of monitoring subrecipients and enforcing
relocation and stabilization services, projects for which funds are awarded in compliance with program requirements
and short-and/or medium-term rental the geographic area under the are eligible for costs.
assistance,as described in 24 CFR Continuum of Care-and the Emergency
576.105 and 24 CFR 576.106,that are Solutions Grants programs;and §578.43 Acquisition.
necessary to prevent an individual or (3)Participating in the consolidated Grant funds may be used to pay up to
family from becoming homeless. - plan(s)for the geographic area(s). 100 percent of the cost of acquisition of
(b) Uses of assistance.Funds are (b) Continuum of Care planning real property selected by the recipient or
available to pay for the eligible costs activities.Eligible planning costs subrecipient for use in the provision of
listed in§578.39 through §578.63 when include the costs of: housing or supportive services for
used to: - (1)Developing a community-wide or homeless persons.
(1).Establish new housing or new ionwide process involving the
facilities to provide supportive services; re g p §578.45 Rehabilitation.
(2)Expand existing housing and coordination of nonprofit homeless (a) Use.Grant funds may be used to
providers,victim service providers,
facilities in order to increase the number faith=based organizations,governments, Pay up to 100 percent of the cost of
of homeless persons served; businesses,advocates,public housing rehabilitation of structures to provide
(3)Bring existing housing and agencies,school districts, social service housing or supportive services to
facilities into compliance.with State and providers,mental health agencies, homeless persons.
local government health and safety (b)Eligible costs.Eligible
standards,as described in§578.87; hospitals,universities,affordable rehabilitation costs include installing
(4)Preserve existing permanent housing developers,law enforcement, cost-effective energy measures,and
housing and facilities that provide organizations that serve veterans,and bringing an existing structure to State
supportive services; homeless and formerly homeless and local government health and safety
(5)Provide supportive services for individuals; standards.
residents of supportive housing or for (2)Determining the geographic area (c)Ineligible costs.Grant funds may
homeless persons not residing in that the Continuum of Care will serve; not be used for rehabilitation of leased
supportive housing; (3)Developing a Continuum'of Care property.
(6) Continue funding permanent system;(4)Evaluating the outcomes of §578,47 New construction.
housing when the recipient has received
funding under this part for leasing, projects for which funds are awarded in (a) Use.Grant funds maybe used to:
supportive services, operating costs, or the geographic area,including the (1)Pay up to 100 percent of the cost
rental assistance; Emergency Solutions Grants program; of new construction,including the
45452 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
building of a new structure or building type,quality,amenities,facilities,and W The rental assistance may be short-
an addition to an existing structure that management services. In addition,the term,up to 3 months of rent;medium-
increases the floor area by 100 percent rents may not exceed rents currently term, for 3 to 24 months of rent; or long
-
or more,and the cost of land associated being charged for comparable units,and term,for longer than 24 months of rent
with that construction,for use as the rent paid may not exceed HUD- and must be administered in accordance
housing. determined fair market rents. with the policies and procedures
(2)If grant funds are used for new (3) Utilities.If electricity,gas,and established by the Continuum as set
construction,the applicant must water are included in the rent,these forth in§578.7(a)(9)and this section..
demonstrate that the costs of new utilities may be paid from leasing funds. (ii)The rental assistance may be
construction are substantially less than If utilities are not provided by the tenant-based,project-based,or sponsor-
the costs of rehabilitation or that there landlord,these utility costs are an based,and may be for transitional or
is a lack of available appropriate units operating cost,except for supportive permanent housing.
that could be rehabilitated at a cost less service facilities.If the structure is being .(2) Grant funds may be used for
than new construction.For purposes of used as a supportive service facility, security deposits in an amount not to
this cost comparison,costs of then these utility costs are a supportive_ exceed 2 months of rent. An advance
rehabilitation or new construction may service cost. � payment of the last month's rent may be
include the cost of real property (4) Security deposits and first and last provided to the landlord,in addition to
acquisition. month's rent.Recipients and the security deposit and payment of first
(b)Ineligible costs.Grant funds may subrecipients may use grant funds to month's rent.
not be used for new construction on pay security deposits,in an amount not (b)Rental assistance administrator.
leased property. to exceed 2 months of actual rent.An Rental assistance must be administered
advance payment of the last month's by a State,unit of general local
§578.49 Leasing. rent may be provided to the landlord in government,or a public housing agency.
(a) Use. (1)Where the recipient or addition to the security deposit and (c) Tenant-based rental assistance.
subrecipient is leasing the structure,or payment of the first month's rent. Tenant-based rental assistance is rental
portions thereof,grant funds may be (5) Occupancy agreements and assistance in which program
used to pay for 100 percent of the costs subleases.Occupancy agreements and participants choose housing of an
of leasing a structure or structures,or subleases are required as specified in appropriate size in which to reside.
portions thereof,to provide housing or §578.77(a). When necessary to facilitate the -
supportive services to homeless persons (6) Calculation of occupancy charges coordination of supportive services,
for up'to 3 years.Leasing funds-may not and rent.Occupancy charges and rent recipients and subrecipients may
be used to lease units or structures from program participants must be require program participants to live in a
owned by the recipient,subrecipient, calculated as provided in§578.77. specific area for their entire period of
their parent organization(s),any other (7)Program income.Occupancy participation, or in a specific structure
related organization(s), or organizations charges and rent collected from program for the first year and in a specific area
that are members of a partnership, participants are program income and - for the remainder of their period of
where the partnership owns the may be used as provided under participation.Program participants who
structure,unless HUD authorized an §578.97. are receiving rental assistance in
exception for good cause. (8) Transition.Beginning in the first transitional housing may be required to
(2)Any request for an exception must year awards are made under the live in a specific structure for their
include the following: Continuum of Care program,renewals of entire period of participation in
(i)A description of how leasing these grants for leasing funds entered into transitional housing.
structures is in the best interest of the under the authority of title IV,subtitle (1)Up to 5 years worth of rental
program; D of the Act as it existed before May 20, assistance may be awarded to a project
(ii)Supporting documentation 2009,will be renewed either as grants in one competition.
showing that the leasing charges paid for leasing or as rental assistance, (2)program participants who have
with grant funds are reasonable for the depending on the characteristics of the
market;and project.Leasing funds will be renewed . complied with all program requirements
(iii)A.copy of the written policy for as rental assistance if the funds are used during their residence retain the rental
resolving disputes between the landlord to pay rent on units where the lease is assistance if they move within the
and tenant,including a recusal for between the program participant and Continuum of Care geographic area.
officers,agents,and staff who work for the landowner or sublessor.Projects (3)Program participants who have
both the landlord and tenant. requesting leasing funds will be complied with all program requirements
(b)Requirements. (1) Leasing renewed as leasing if the funds were during their residence and who have .
structures.When grants are used to pay used to lease a unit or structure and the been a victim of domestic violence,
rent for all or part of a structure or lease is between the recipient or dating violence, sexual assault,or
structures,the rent paid must be subrecipient and the landowner. stalking,and who reasonably believe
reasonable in relation to rents being they are imminently threatened by harm
charged in the area for comparable §578.51 Rental assistance. from further domestic violence,dating
space.In addition,the rent paid may not (a) Use. (1)Grant funds may be used violence, sexual assault,or stalking
exceed rents currently being charged by for rental assistance for homeless (which would include threats from a
the same owner for comparable individuals and families.Rental third party,such as a friend or family
unassisted space. assistance cannot be provided to a member of the perpetrator of the
(2)Leasing individual units.When program participant who is already violence),if they remain in the assisted
grants are used to pay rent for receiving rental assistance,or living in unit,and are able to document the
individual housing units, the rent paid a housing unit receiving rental violence and basis for their belief, may
must be reasonable in relation to rents assistance or operating assistance retain the rental assistance and move to
being charged for comparable units, through other federal,State,or local a different Continuum of Care
taking into account the location,size, sources. 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 providing the housing assistance participants.If the supportive services
safety. described in the application for the full are provided in a supportive service
(d) Sponsor-based rental assistance. 5-year period. facility not contained iii a housing
Sponsor-based rental assistance is (3)A recipient must serve at least as structure,the costs of day-to-day
provided through contracts between the many program participants as shown in operation.of the supportive service
recipient and sponsor organization.A its application for assistance. facility,including maintenance,repair,
sponsor may be a private,nonprofit (4)If the amount in each grant building security,furniture,utilities,
. organization, or a community mental reserved eeriod exceeds the amount that supportive service eligible as a
health agency established as a public g p
nonprofit organization.Program will be needed to pay the actual costs (1) Supportive services must be
participants must reside in housing of rental assistance, due to such factors necessary to assist program participants
owned or leased by the sponsor.Up to as contract rents being lower than FMRs obtain and maintain housing.
5 years worth of rental assistance may and program participants being able to (2)Recipients and subrecipients shall
be awarded to a project in one pay a portion of the rent,recipients or conduct an annual assessment of the
competition. subrecipients may use the excess funds service needs of the program,
(e)Project-based rental assistance. for covering the costs of rent increases, participants and should adjust services
Project-based rental assistance is or for serving a greater number of accordingly.
provided through a contract with the program participants. (b)Duration.(1)For a transitional
owner of an existing structure,where (i) Vacancies.If a unit assisted under housing project, supportive services
the owner agrees to lease the subsidized this section is vacated before the must be made available to residents
gram expiration of the lease,the assistance for throughout the duration of their
units to program participants.Pro .
participants will not retain rental the unit may continue for a maximum residence in the project.
assistance if they move.Up.to 15 years of 30 days from the end of the month (2)Permanent supportive housing
of rental assistance maybe awarded in in which the unit was vacated,unless projects must provide supportive
one competition. occupied by another eligible person.No services for the residents to enable them
(f) Grant amount.The amount of additional assistance will be paid until to live as independently as is
rental assistance in each project will be the unit is occupied by another eligible practicable throughout the duration of .
based on the number and size of units person.Brief periods of stays in their residence in the project.
proposed by the applicant to be assisted institutions,not to exceed 90 days for (3) Services may also be provided to
over the grant period.The amount of each occurrence,are not considered former residents of transitional housing
rental assistance in each project will be. vacancies. and current residents of permanent
calculated by multiplying the number (j)Property damage.Recipients and housing who were homeless in the prior
and size of-units proposed by the FMR subrecipients may use grant funds in an 6 months,for no more than 6 months
of each unit on the date the application amount not to exceed one month's rent after leaving transitional housing or
is submitted to HUD,by the term of the to pay for any damage to housing due homelessness,respectively,to assist
grant. to the action of a program participant. their adjustment to independent living.
(g)Rent reasonableness.HUD will. This shall be a one-time cost per (4)Rapid rehousing projects must
only provide rental assistance for a unit participant,incurred at the time a require the program participant to meet
if the rent is reasonable.The recipient participant exits a housing unit. with a case manager not less than once
or subrecipient must determine whether (k)Resident rent.Rent must be per,month as set forth in
the rent charged for the unit receiving calculated as provided in§578.77. §578.37(a)(1)(ii)(F),to assist the
rental assistance is reasonable in Rents collected from program program participant in maintaining
relation to rents being charged for participants are program income and long-term housing stability.
comparable unassisted units,taking into may be used as provided under (c) Special populations.All eligible
account the location,size,type,quality, §578.97. costs are eligible to the same extent for
amenities,facilities,and management (1)Leases. (1)Initial lease.For project- program participants who are
and maintenance of each unit: based,sponsor-based,or tenant-based unaccompanied homeless youth;
Reasonable rent must not exceed rents rental assistance,program participants persons living with HIV/AIDS;and
currently being charged by the same must enter into a lease agreement for a victims of domestic violence, dating
owner for comparable unassisted units. term of at least one year,which is violence,sexual assault, or stalking.
(h)Payment of grant. (1)The amount - terminable for cause.The leases must be (d)Ineligible costs.Any cost that is
of rental assistance in each project will automatically renewable upon not described as an eligible cost under
be reserved for rental assistance over the expiration for terms that are a minimum this section is not an eligible cost of
grant period.An applicant's request for of one month long,except on prior providing supportive services using
-rental assistance in each grant is an notice by either party. Continuum of Care program funds. Staff
estimate of the amount needed for rental (2)Initial lease.for transitional training and the costs of obtaining
assistance.Recipients will make draws housing.Program participants in professional licenses or certifications
from the grant funds to pay the actual transitional housing must enter into a needed to provide supportive services
costs of rental assistance for program lease agreement for a term of at least one are not eligible costs.
participants. month.The lease must be automatically (e)Eligible costs.
(2)For tenant-based rental assistance, renewable upon expiration,except on (1)Annual Assessment of Service
on demonstration of need: prior notice by either party,up to a Needs.The costs of the assessment
(i)Up to 25 percent of the total rental maximum term of 24 months..
required by§578.53(a)(2) are eligible
assistance awarded may be spent in any §578.53 Supportive services. costs.
year of a 5-year grant term; or (2)Assistance
(ii)A higher percentage if approved in (a)In general.Grant funds may be Reasonable one-time moving gco is are
advance by HUD,if the recipient used to pay the eligible costs of
provides evidence satisfactory to HUD supportive services that address the eligible and include truck rental and
that it is financially committed to special needs of the program hiring a moving company.
45454 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 20.12/Rules and Regulations
(3) Case management.The costs of providing reasonable stipends to legal services provider and performs the
assessing,arranging,coordinating,and program participants in employment services itself,the eligible costs are the
monitoring the delivery of assistance and job training programs is subrecipient's employees'salaries and
individualized services to meet the also an eligible cost. other costs necessary to perform the
needs of the program participant(s)are (i)Learning skills include those skills services.
eligible costs. Component services and that can be used to secure and retain a (iv)Legal services for immigration
activities consist of: job,including the acquisition of and citizenship matters and issues
(i) Counseling; vocational licenses.and/or certificates. related to mortgages and
(ii)Developing,securing,and (ii)Services that assist individuals in homeownership are ineligible.Retainer
coordinating services; securing employment consist of: fee arrangements and contingency fee
(iii)Using the centralized or (A)Employment screening; arrangements are ineligible.
coordinated assessment system as assessment,or testing; (10)Life skills training.The costs of
required under§578.23(c)(9). (B)Structured job skills and job- teaching critical life management skills
(iv)Obtaining federal,State,and local seeking skills; that may never have been learned or
benefits; (C)Special training and tutoring, have been lost during the course of
(v)Monitoring and evaluating including literacy training and pre- physical or mental illness,domestic
program participant progress; vocational training; violence,substance abuse,and
(vi)Providing information and (D)Books and instructional material; homelessness are eligible. These
referrals to other providers; (E)Counseling or job coaching;and services must be necessary to assist the
(vii)Providing ongoing risk (F)Referral to community resources.- program participant to function
assessment and safety planning with (7)Food.The cost of providing meals independently in the community.
victims of domestic violence,dating or groceries to program participants is Component life skills training are the
violence,sexual assault,and stalking; eligible. budgeting of resources and money
and (8)Housing search and counseling management,household management,
(viii)Developing an individualized services.Costs of assisting eligible conflict management,shopping for food
housing and service plan,including program participants to locate,obtain, and other needed items, nutrition,the
planning a path to permanent housing and retain suitable housing are eligible. use of public transportation,and parent
stability. (i)Component services or activities training.
(4) Child care.The costs of are tenant counseling;assisting
establishing and operating child care, individuals and families to understand (ts Mental health services.Eligible
and providing child-care vouchers,for leases;securing utilities;and making costs are the direct outpatient treatment
P g of mental.health conditions that are
children from families experiencing moving arrangements. provided by licensed professionals.
homelessness,including providing (ii)Other eligible costs are: Component services are crisis
meals and snacks,and comprehensive (A)Mediation with property owners interventions;counseling;individual,
and coordinated developmental and landlords on behalf of eligible
activities,are eligible. program participants; family,or group therapy sessions;the
g rescri tif ch is
(i)The children must be under the age (B)Credit counseling,accessing a free P p on o P s y otro P
medications or explanations about the
of 13,unless they are disabled children. personal credit report,and resolving
(ii)Disabled children must be under personal credit issues;and use and management of medications;
the age-of 18. (C)The payment of rental application and combinations of therapeutic
(iii)The child-care center must be fees. approaches to address multiple.
licensed by the jurisdiction in which it (9)Legal services.Eligible costs are problems.
operates in order for its costs to be the fees charged by licensed attorneys (12) Outpatient health services.
eligible. and by person(s)under the supervision Eligible costs are the direct outpatient
(5)Education services.The costs of of licensed attorneys,for advice and treatment of medical conditions when
improving knowledge and basic representation in matters that interfere . provided by licensed medical
educational skills are eligible. with the homeless individual or family's professionals including:
(i) Services include instruction or ability to obtain and retain housing. (i)Providing an analysis or
training in consumer education,health (i)Eligible subject matters are child assessment of an individuals health
education,substance abuse prevention, support;guardianship;paternity; problems and the development of a
literacy,English as a Second Language, emancipation;legal separation;orders of treatment plan;-
and General Educational Development protection and other civil remedies for (ii)Assisting individuals to
(GED). victims of domestic violence,dating understand their health needs;
(ii)Component services or activities violence,sexual assault,and stalking; (iii)Providing directly or assisting
are screening,assessment and testing; appeal of veterans and public benefit individuals to obtain and utilize
individual or group instruction; claim denials;landlord tenant disputes; appropriate medical treatment;
tutoring;provision of books,supplies, and the resolution of outstanding (iv)Preventive medical care and
and instructional material;counseling; criminal warrants. health maintenance services,including
and referral to community resources. (ii) Component services or activities in-home health services and emergency
(6)Employment assistance and job may include receiving and preparing medical services;
training.The costs of establishing and cases for trial,provision of legal advice, (v)Provision of appropriate
operating employment assistance and representation at hearings,and medication;
job training programs are eligible, counseling. (vi)Providing follow-up services;and
including classroom,online and/or (iii) Fees based on the actual service (vii)Preventive and noncosmetic
computer instruction, on-the-job performed (i.e.,fee for service) are also dental care.
instruction,services that assist eligible,but only if the cost would be (13) Outreach services.The costs of
individuals in securing employment, less than the cost of hourly fees.Filing activities to engage persons for the
acquiring learning skills,and/or fees and other necessary court costs are purpose of providing immediate support
increasing earning potential.The cost of also eligible.If the subrecipient is a and intervention, as well as identifying
i
Federal Register/Vol. 77, No. 147/Tuesday, July 31,, 2012/.Rules and Regulations X5455
potential program participants,are share in the cost of car repairs or (iv)Obtaining technical support;
eligible. maintenance as a condition of receiving (v)Leasing office space;
W Eligible costs include the outreach assistance with car repairs or (vi)Paying charges for electricity,gas,
worker's transportation costs and a cell maintenance. water,phone service, and high-speed
phone to be used by the individual (16) Utility deposits.This form of data transmission necessary to operate
performing the outreach. assistance consists of paying for utility or contribute data to the HMIS;
(ii)Component activities and services deposits. Utility deposits must be a one- (vii)Paying salaries.for operating
consist of:initial assessment;crisis time fee,paid to utility companies.- HMIS, including:
counseling;addressing urgent physical (17)Direct provision of services.If the (A)Completing data entry;
needs,such as providing meals, service described in paragraphs(e)(1) (B)Monitoring and reviewing data
blankets,clothes,or toiletries;actively through(e)(16) of this section is being quality;
connecting and providing people with directly delivered by the recipient or (C)Completing data analysis;
to the HMIS Lead;
information and referrals to homeless subrecipient,eligible costs for those (D)Reporting
and mainstream programs;and services also include: (E)Training staff on using the HMIS;
publicizing the availability of the (i)The costs of labor or supplies,and and
housing and/or services provided materials incurred by the.recipient or (F)Implementing and complying with.
within the geographic area covered by subrecipient in directly providing HMIS requirements;
supportive services to program (viii)Paying costs of staff to travel to
su
the Continuum of Care. pp and attend HUD-sponsored and HUD-
(14) Substance abuse treatment participants;and
services.The costs of program (ii)The salary and benefit packages of approved training on HMIS and
participant intake and assessment, the recipient and subrecipient staff who programs authorized by Title IV of the
outpatient treatment,group and directly deliver the services. McKinney-Vento Homeless Assistance
individual counseling,and drug testing Act;
§578.55 Operating costs. (ix)Paying staff travel costs to
are eligible.Inpatient detoxification and (a) Use.Grant funds may be used to conduct-intake;and
other inpatient drug or alcohol pay the costs of the day-to-day operation (x)paying participation fees charged
treatment are ineligible. of transitional and permanent housing by the HMIS Lead,as authorized by
(15) Transportation.Eligible-costs are: HUD,if the recipient or subrecipient is
I in a single structure or individual
(i)The costs of program participants housing units. not the HMIS Lead.
travel on public transportation or in a (b)Eligible.costs.(1)The maintenance (2)If the recipient or subrecipient is
vehicle provided by the recipient or and repair of housing; the.HMIS Lead,it may also use
'subrecipient to and from medical care, (2)property taxes and insurance; Continuum of Care funds to pay the
employment,child care,or other (3)Scheduled payments to a reserve costs of:
services eligible under this section. for replacement of major systems of the (i)Hosting and maintaining HMIS
(ii)Mileage allowance for service housing(provided that the payments software or data;
workers to visit program participants must be based on the useful life of the (ii)Backing up,recovering, or
and to carry out housing quality system and expected re lacement cost);
ins ections; y p repairing HMIS software or data;
p (4)Building security or a structure (iii)Upgrading;customizing, and
(iii)The cost of purchasing or leasing where more than 50 percent of the units enhancing the HMIS;
a vehicle in which staff transports or-area is paid for with grant funds;
io ram participants and/or staff (iv) Integrating and warehousing data,
p g P P (5)Electricity,gas,and water; including development of a data
serving program participants; .(6)Furniture;and warehouse for use in aggregating data
(iv)The cost of gas,insurance,taxes, (7)Equipment. from subrecipients.using multiple
and maintenance for the vehicle; (c)Ineligible costs.Program funds
(v)The costs of recipient or may not be used for rental assistance software systems;
subrecipient staff to accompany or assist and operating costs in the same project. (v)Administering the system;
program participants to utilize public program funds may not be used for the (vi)Reporting to providers,the
transportation;and operating costs of emergency shelter- Continuum of Care,and HUD;using
(vi)If public transportation options and supportive service-only facilities. (vii)Conducting training on u using the
are not sufficient within the area;the program funds may not be used for the system, including traveling to the
recipient may make a one-time payment maintenance and repair of housing training.
on behalf of a program participant where the costs of maintaining and (3)If the recipient or subrecipient is
needin g repairs airs or maintenance a victim services provider, or a legal
P repairing the housing are included in services provider,it may use Continuum
required to operate a personal vehicle, the lease.
subject to the following: of Care funds to establish and operate a
(A)Payments for car repairs or §578.57 Homeiess Management comparable database that complies with
maintenance on behalf of the program Information System. HUD's HMIS requirements.
participant may not exceed 10 percent (a)Eligible costs. (1)The recipient or (b) General restrictions.Activities
of the Blue Book value of the vehicle subrecipient may use Continuum of funded under this section must comply
(Blue Book refers to the guidebook that Care program funds to pay the costs of with the HMIS requirements.
compiles and quotes prices for new and contributing data to the HMIS §578.59 Project administrative costs.
used automobiles and other vehicles of designated by the Continuum of Care, (a)Eligible costs.The recipient or
all makes, models,and types); including the costs of: subreci lent may use up to 10 ercent
(B)Payments for car repairs or (1)Purchasing or leasing computer of any grant awarded under this part,
maintenance must be paid by the hardware;
recipient or subrecipient directly to the (ii)Purchasing software or software excluding the amount for Continuum of
third party that repairs or maintains the licenses; Care Planning Activities and UFA costs,
t, for the
car;and (iii)Purchasing or leasing equipmen payment of project
(C)The recipients or subrecipients including telephones,fax machines,and administrative costs related to the
may require program participants to furniture; planning and execution of Continuum
45456 Federal Register/Vol. 77, No..147/Tuesday, July .31, 2012/Rules and Regulations
of Care activities.This does not include supplies, and rental and maintenance time and in such manner as HUD may
staff and overhead costs directly related (but not purchase) of office space. require,must use HMIS data where
to carrying out activities eligible under (2) Training on Continuum of Care required to show the standards for
§578.43 through §578.57,because those requirements.Costs of providing qualifying are met,and must contain
costs are eligible as part of those training on Continuum of Care such information as HUD requires,
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 revievv.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, res onsibilities under§578.31. expended;
monitoring,and evaluation.These costs (�)Sharing requirement. (1) UFAs.If (2)A specific plan for how grant
include,but are not limited to, the recipient is a UFA that carries out funds will be expended;and
necessary expenditures for the a project,it may use up to 10 percent (3)Information establishing that the
followin of the grant amount awarded for the Continuum of Care meets the standards
g' p ect administrative costs. for HPCs.ro ect on project(i) Salaries,wages,and related costs of P 1 l.
the recipient's staff,the staff of The UFA must share the remaining (c)Standards for qualifying as an
subrecipients, or other staff engaged in project administrative.funds with its HPC.To qualify as an HPC, a
subrecipients. Continuum must demonstrate through:
program administration.In charging
to this category,the recipient may (2)Recipients that are not UFAs.If the (1)Reliable data generated by the -
costs
costs t 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 use regard to the subrecipients. Either the mean length of episode of
homelessness within the Continuum's
program involve program §578.61 Relocation costs. 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
rata 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 program 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 (ii)Reduced recidivism.Of
fiscal year grant.Program payments and other assistance,to individuals and families who leave
administration 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 amendments to those percentage of individuals and families
budgets and schedules; §578.63 Indirect costs.
in similar circumstances who become
(B)Developing systems for assuring (a)In general.Continuum of Care homeless again within 2 years 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 year. .
out program activities; (b)Allocation.Indirect costs may be ( ,.) g ,
allocated to each eligible activity as iii HMIS coverage.The Continuum's
(D)Monitoring program activities for provided in subpart D i that HMIS must have a bed coverage rate of
progress and compliance with program P p ,so g as 80 percent and a service volume
requirements; allocation is consistent with an indirect coverage 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
A-122,as applicable. requirements.
program for submission to HUD; (iv) Serving families and youth.With
(F) Coordinating the resolution of (c)Expenditure limits.The indirect respect to Continuums that served
audit and monitoring findings; costs charged to an activity subject to an homeless families and youth defined as
(G)Evaluating program results against expenditure limit under§§578.39, homeless under other federal statutes in
stated objectives;and 578.41,and 578.59 must be added to the
paragraph(3) of the de
direct costs charged for that activity finition of
(H)Managing or supervising persons when determining the total costs subject homeless in§576.2:
whose primary responsibilities with. to the expenditure limits. (A) 95 percent of those families and
regard to the program include such youth did not become homeless again
assignments as those described in Hih-Performi within a 2-year period following
Subpart E— g ng
paragraph (a)(1)(i)(A)through(G)of this Communities termination of assistance;or
section. (B) 85 percent of those families
(ii)Travel costs incurred for §578.65 Standards. achieved independent living in
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 fiom
or agreements, including general legal designated a high-performing sources other than the Continuum's
services,accounting services,and audit community(HPC).The designation HMIS that is provided in a narrative or
services; and shall be for grants awarded in the same other form prescribed by HUD that it
(iv)Other 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.All 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
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45457
comprehensive outreach plan,including subpart D of this part,except that HPCs of structure)of the International Code
specific steps for identifying homeless may use such match for the costs of Council.
persons and referring them to activities that are eligible under (2)Services provided with assistance
appropriate housing and services in that §578.71. under this part must be provided in
geographic area. (b) Cash sources.A recipient or compliance with all applicable State
(ii)Renewing HPC status.If the subrecipient may use funds from any and local requirements,including
Continuum was designated an HPC in source,including any other federal licensing requirements.
the previous federal fiscal year and used sources (excluding Continuum of Care (b)Housing quality standards.
Continuum of Care grant funds for program funds),as well as State,local, Housing leased with Continuum of Care
activities described under§578.71,that and private sources,provided that funds program funds, or for which rental
such activities were effective at from the source are not statutorily assistance payments are made with
reducing the number of individuals and prohibited to be used as a match.The Continuum of Care program funds,must
families who became homeless in that recipient must ensure that any funds meet the applicable housing quality
community. used to satisfy the matching standards (HQS) under 24 CFR 982.401
requirements of this section are eligible of this title,except that 24 CFR
§578.67 Publication of application. under the laws governing the funds in 982.401(j) applies only to housing
HUD will publish the application to order to be used as matching funds for occupied by program participants
be designated an HPC through the HUD a grant awarded under this program. receiving tenant-based rental assistance.
Web site,for public comment as to (c)In-kind contributions. (1)The For.housing rehabilitated with funds
whether the Continuum seeking recipient or subrecipient may use the under this part,:the lead-based paint
designation as an HPC meets the value of any real property,equipment, requirements in 24 CFR part 35,
standards for being one. goods,or services contributed to the subparts A,B,J,and R apply.For
§578.69 Cooperation among entities. project as match,provided that if the housing that receives project-based or
An HPC must cooperate with HUD in recipient or subrecipient had to pay for sponsor-based rental assistance, 24 CFR
them with grant funds,the costs would part 35, subparts A,B,H, and R apply.
distributing information about its have been eligible under Subpart D,or, For residential property for which funds
successful efforts to reduce in the case of HPCs,eligible under under this part are used for acquisition,
homelessness. §578.71. leasing,services, or operating costs,24
§578.71 HPC-eligible activities. (2)The requirements of 24 CFR 84.23. CFR part 35,subparts A,B,..K,and R
In addition to using grant funds for and 8.5.24 apply. apply.
the eligible costs described in subpart D (3)Before grant execution,services to (1)Before any assistance will be
of this part,recipients and subrecipients be provided by a third party must be provided on behalf of a program
in Continuums of Care designated as documented by a memorandum of participant,the recipient, or
HPCs may also use grant funds to understanding(MOU)between the subrecipient,must physically inspect
provide housing relocation and recipient or subrecipient and the third each unit to assure that the unit meets
stabilization services and short-and/or parry that will provide the services. HQS.Assistance will not be provided'
medium-term rental assistance to Services provided by individuals must for units that fail to meet HQS,unless
-individuals and families at risk of be valued at rates consistent with those the owner corrects any deficiencies
homelessness as set forth in 24 CFR ordinarily paid for similar work in the within 30 days from the date of the
576.103 and 24 CFR 576.104,if recipient's or subrecipient's initial inspection and the recipient or
necessary to prevent the individual or organization.If the recipient or subrecipient verifies that all deficiencies
family from becoming homeless. subrecipient does not have employees have been corrected.
Activities must be carried out in performing similar work,the rates must (2)Recipients or subrecipients must
accordance with the plan submitted in be consistent with those ordinarily paid inspect all units at least annually during
the grant period to ensure that the units
the application.When carrying out by other employers for similar work in
housing re el stabilization :
location and stabilii the same labor market. continue to meet HQS.-
services and short-and/or medium-term (i)The MOU must establish the (c) Suitable dwelling size.The
rental assistance,the'written standards unconditional commitment,except for dwelling unit must have at least one
set forth in§5ce,th)(9)(v) and selection to receive a grant,by the third bedroom or living/sleeping room for
recordkeeping requirements of 24 CFR party to provide the services,the each two persons.
1 specific service to be provided,the (1) Children of opposite sex, other
576.500 apply.y profession of the persons providing the than very young children,may not be
Subpart F—Program Requirements service,and the hourly cost of the required to occupy the same bedroom or
service to be provided. living/sleeping room.
§578.73 Matching requirements. (ii)During the term of the grant, the (2)If household composition changes
(a)In general.The recipient or recipient or subrecipient must keep and during the term of assistance,recipients
subrecipient must match all grant funds, make available,for inspection,records and subrecipients may relocate the
except for leasing funds,with no less documenting the service hours household to a more appropriately sized
than 25 percent of funds or in-kind provided. unit. The household must still have
contributions from other sources.For access to appropriate supportive
Continuum of Care geographic areas in §578.75 General operations. services.
which there is more than one grant (a) State and local requirements.(1) (d)Meals.Each recipient and
agreement,the 25 percent snatch must Housing and facilities constructed or subrecipient of assistance under this
be provided on a grant-by-grant basis. rehabilitated with assistance under this part who provides supportive housing
Recipients that are UFAs or are the sole part must meet State or local building for homeless persons with disabilities
recipient for their Continuum,may codes,and in the absence of State or must provide meals or meal preparation
provide match on a Continuum-wide . local building codes,the International facilities for residents.
basis. Cash match must be used for the Residential Code or International (e) Ongoing assessment of supportive
costs of activities that are eligible under Building Code(as applicable to the type services.To the extent practicable,each
45458 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
project must provide supportive by the disability.Notwithstanding this made must pay a contribution toward
services for residents of the project and provision,if the purpose of the project rent in accordance with section 3(a)(1)
homeless persons using the project, is to provide substance abuse treatment of the U.S.Housing Act of 1937(42
which maybe designed by the recipient services,recipients and subrecipients U.S.C. 1437a(a)(1)).
or participants.Each recipient and may require program participants to (ii) Income of program participants
subrecipient of assistance under this take part in such services as a condition must be calculated in accordance with
part must conduct an ongoing of continued participation in the 24 CFR 5.609 and 24 CPR 5.611(a).
assessment of the supportive services program. (2)Review.Recipients or
needed by the residents of the project, (i)Retention-of assistance after death, subrecipients must examine a program
the availability of-such services,and the incarceration, or institutionalization for -participant's income initially,and at
coordination of services needed to more than 90 days of qualifying least annually thereafter,to determine
ensure long-term housing stability and member.For permanent supportive the amount of the contribution toward
must make adjustments,as appropriate. housing projects surviving,members of rent payable by the program participant.
(f) Residential supervision.Each any household who were living in a unit Adjustments to a program participant's
recipient and subrecipient of assistance assisted under this part at the time of contribution toward the rental payment
under this part must provide residential the qualifying member's-death,long- must be made as changes in income are
supervision as necessary to facilitate the term incarceration,or long-term identified. ._
adequate provision of supportive institutionalization,have the right to (3) Verification. As a condition of
services to the residents of the housing rental assistance under this section until participation in the program,each
throughout the term of the commitment the expiration of the lease in effect at program participant must agree to
to operate supportive housing. the time of the qualifying member's supply the information or
Residential supervision may include the death,long-term incarceration,or long- documentation necessary to verify the
employment of a full-or part-time term institutionalization. program participant's income.Program
residential supervisor with sufficient participants must provide the recipient
knowledge to provide or to supervise §678.77 Calculating occupancy charges or subrecipient with information at any
the provision of supportive services to and rent. time regarding changes in income or
the residents. (a)Occupancy agreements and leases. other circumstances that may result in
(g)Participation of homeless Recipients and subrecipients must have changes to.a program participant's
individuals. (1)Each recipient and signed occupancy agreements or leases contribution toward the rental payment.
subrecipient must provide for the (or subleases)with program participants
participation of not less than one residing in housing. §578.79 Limitation on transitional
homeless individual or formerly (b)Calculation of occupancy charges. housing.
homeless individual on the board of Recipients and subrecipients are not . A homeless.individual or family may
directors or other equivalent required to impose occupancy charges remain in transitional housing for a
policymaking entity of the recipient or on program participants as a condition period longer than 24 months,if
subrecipient,to the extent that such of residing in the housing.However,if permanent housing for the individual or
entity considers and makes policies and occupancy charges are imposed,they family has not been located or if the
decisions regarding any project, may not exceed the highest of: individual or family requires additional
supportive services, or assistance (1)30 percent of the family's monthly time to prepare for independent living.
provided under this part.This adjusted income(adjustment factors However,HUD may discontinue
requirement is waived if a recipient or include the number of people in the assistance for a transitional housing
subrecipient is unable to meet such family,age of family members,medical project if more than half of the homeless
requirement and obtains HUD approval expenses,and child-care expenses); individuals or families remain in that
for a plan to otherwise consult with (2) 10 percent of the family's monthly project longer than 24 months.
homeless or formerly homeless persons income;or
when considering and making policies (3)If the family is receiving payments §578.81 Term of commitment,repayment
and decisions. for welfare assistance from a public of grants,and prevention of undue benefits.
- (2)Each recipient and subrecipient of agency and a part of the payments (a)In general.All recipients and
assistance under this part must,to the (adjusted in accordance with the subrecipients receiving grant funds for
maximum extent practicable,involve family's actual housing costs)is acquisition,rehabilitation,or new
homeless individuals and families specifically designated by the agency to construction.must operate the housing
through employment;volunteer meet the family's housing costs,the or provide supportive services in
services; or otherwise in constructing, portion of the payments that is accordance with this part,for at least 15
rehabilitating,maintaining,and designated for housing costs. years from the date of initial occupancy
operating the project,and in providing (4)Income.Income must be or date of initial service provision.
supportive.services for the project. calculated in accordance with 24 CFR Recipient and subrecipients must
(h) Supportive service agreement. 5.609 and 24 CFR 5.611(a).Recipients execute and record a HUD-approved
Recipients and subrecipients may and subrecipients must examine a Declaration of Restrictive Covenants
require the program participants to take program participant's income initially, before receiving payment of grant funds.
part in supportive services that are not and if there is a change in family (b) Conversion.Recipients and
disability-related services provided composition(e.g.,birth of a child)or a subrecipients carrying out a project that
through the project as a condition of decrease in the resident's income during provides transitional or permanent
continued participation in the program. the year,the resident may request an housing or supportive services in a
Examples of disability-related services interim reexamination,and the structure may submi['a request to HUD
include,but are not limited to,mental occupancy charge will be adjusted to convert a project for the direct benefit
health services,outpatient health accordingly. of very lover-income persons.The request
services,and provision of medication, (c)Resident rent. (].)Amount of rent. must be made while the project is
which are provided to a person with a (i)Each program participant on whose operating as homeless.housing or
disability to address a condition caused behalf rental assistance payments are supportive services for homeless
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45459
the individuals and families,must be in individuals and families at risk of
relocation,and from the temporarily soccupiedn�
writing,and must include an homelessness.
explanation of why the project is no housing and any increase in monthly
p §578.83 Displacement,relocation,and rent/occupancy charges and utility
longer needed to provide transitional 01.7 costs; and
permanent housing or supportive (a)Minimizing displacement. (ii)Appropriate advisory services,
services.The primary factor in HUD's Consistent with the other goals and including reasonable advance written
decision on the proposed conversion is objectives of this part,recipients and notice of:
the unmet need for transitional or subrecipients must ensure that they (A)The date and approximate
permanent housing or supportive have taken all reasonable steps to
duration of the temporary relocation;
services in the Continuum of Care's
minimize the displacement of persons (B)The location of the suitable,
geographic area. (families,individuals,businesses,
(c)Repayment of grant funds.If a nonprofit organizations,and farms)as a decent,safe,and sanitary dwelling to be
project is not operated as transitional or P g made available for the temporary
result of projects assisted under this p
permanent housing for 10 years - part. "project,"as used in this section, period;
following the date of initial occupancy, (C)The reasonable terms and
HUD will require repayment of the means any activity or series of activities conditions under which the program
entire amount of the grant used for assisted with Continuum of Care funds participant will be.able to occupy a
acquisition,rehabilitation,or new received or anticipated in any phase of suitable,decent, safe, and sanitary
construction,unless conversion of the an undertaking. dwelling in the building or complex
(b) Temporary relocation.(1)Existing u on con. letion of the project;and
project has been authorized under
paragraph(b) of this section:If the Building Not Assisted un on Title IV of. p
the McKinney-Vento Act.No tenant may (D)The provisions of paragraph
housing is used for such purposes for be required to relocate temporarily for a (b)(2)(i)of this section.
more than 10 years,the payment project if the building in which the (c)Relocation assistance for displaced
amount will be reduced by 20 ersons.41)In general.A displaced
percentage points for each year,beyond project is being undertaken or will be person.(defined in paragraph(c)(2)of
the 10-year period in which the project undertaken is not currently assisted P
under Title IV of the McKinney-Vento this section)must be provided
i.s used for transitional or permanent Act.The absence of such assistance to relocation assistance in accordance with
housing. the requirements of the URA and
(d)Prevention of undue benefits. the building means the tenants are not q
homeless and the tenants are therefore implementing regulations at 49 CFR part
Except as provided under paragraph(e) not eligible to receive assistance under 24.A displaced person must be advised
of this section,upon any sale or other the Continuum of Care program.When of his or her.rights under the Fair
disposition of a project site that received a tenant moves for such a project under Housing Act.Whenever possible,
grant funds for acquisition, conditions that cause the Uniform minority persons must be given rehabilitation,or new construction, Relocation Assistance and Real Property reasonable o pp ortunities to relocate to
occurring before the 15-year period,the decent,safe,and sanitary replacement
recipient must comply with such terms Acquisition Policies Act of 1970 (URA),4655 to apply,the dwellings,not located in an area of
and conditions as HUD may prescribe to 42 U.S.C.4601— , p y
minorit concentration,that are within
prevent the recipient or subrecipient tenant must be treated as permanently
displaced and offered relocation their financial means.This policy,
from unduly benefiting from such sale P however,does not require providing a
or disposition. assistance and payments consistent with person a larger payment than is
(e)Exception.A recipient or paragraph(c)of this section. a y to enablperson to relocate
subrecipient will not be required to (2)Existing Transitional Housing or necessary P
Permanent Housing Projects Assisted to a comparable.replacement dwelling.
comply with the terms and conditions Under Title IV of the McKinney-Veil to See 49 CFR 24.205(c)(2)(ii)(D).
prescribed under paragraphs(c) and(d) Act.Consistent with paragraph(c)(2)(ii) (2)Displaced person. (i)For the
of this section if: of this section,no program participant purposes of paragraph(c)of this section,
(1)The sale or disposition of the the term"displaced person"means any
property used for the project results in may be required to relocate temporarily P P
the use of the property for the direct for a project if the person cannot be person(family, individual,business,
offered a decent,safe,and sanitary unit nonprofit organization,or farm)that
benefit of very low-income persons; moves from.real property,or moves
(2)All the proceeds are used to in the same building or complex upon per-son property from real property,
provide transitional or permanent project completion under reasonable P P P y
terms and conditions.The length of permanently,as a direct result of
housing that meet the requirements of acquisition,rehabilitation,or
-this part; occupancy requirements in§578.79 q
(3)Project-based rental assistance or may prevent a program participant from demolition for a project.This includes
an ermanent,involuntary move for a
e property upon
operating cost assistance from any returning to th project,including an permanent move
federal program or an equivalent State completion(See paragraph(c)(2)(iii)(D) from the real property hat is made:
or local program is no longer made of this section).Any program temporarily p, After the owner.(or person in
available and the project is meeting relocated for who has beyond one year control of the site) issues a notice to
applicable performance standards, period permanently from the property,or
provided that the portion of the project must be treated as permanently refuses to renew an expiring lease,if the
that had benefitted from such assistance displaced and offered relocation
continues to meet the tenant income assistance and payments consistent�nrith move occurs after the date the
and rent restrictions for low-income paragraph (c)of this section.Program submission by the recipient t or
units under section 42(g) of the Internal participants temporarily relocated in subrecipient of an application for
accordance with the policies described assistance to HUD(or the recipient, as
Revenue Code of 1986;or applicable)that is later approved and
(4)There are no individuals
Care ln(i)Reimbursement for all reasonable funded and the recipient or subrecipient
families in the Continuum o
geographic area who are homeless,in out-of-pocket expenses incurred In accordance with§578.25(b); or
which case the project may serve connection with the temporary
45460 Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations
(B)After the owner(or person in of-pocket expenses incurred in section,if the displacement is a direct
control of the site) issues a notice to connection with the temporary' result of privately undertaken.
move permanently from the property,or relocation; rehabilitation, demolition,or
refuses to renew an expiring lease-,if the (2)The program participant is not acquisition of the real property,
move occurs after the date the recipient eligible to return to the building or "initiation of negotiations" means the
or subrecipient obtains site control,as complex upon project completion;or execution of the agreement between the
evidenced in accordance with (3)Other conditions of the temporary recipient and the subrecipient, or .
§578.25(b),if that occurs after the relocation are not reasonable;or between the recipient (or subrecipient,
application for assistance;or (C)The program participant is as applicable)and the person owning or
(C)Before the date described under required to move to another unit in the controlling the property.In the case of
paragraph (c)(2)(i)(A)or(B)of.this same building or complex,and any one an option contract to acquire property,.
section, if the recipient or HUD of the following situations occurs: the initiation of negotiations does not .
determines that the displacement (1)The program participant is not become effective until execution of a
resulted directly from acquisition, - offered reimbursement for all reasonable written agreement that creates a legally
rehabilitation, or demolition for the out-of-pocket expenses incurred in enforceable commitment to proceed
project;or connection with the move; with the purchase,such as a purchase
(D)By a tenant of a building that is (2)The program participant is not agreement.
not assisted under Title IV of the eligible to remain in the building or (d)Real property acquisition-
McKinney-Vento Act,if the tenant complex upon project completion;or requirements.Except for acquisitions
moves after execution of the agreement (3)Other conditions of the move are - described in 49 CFR 24.101(b)(1)
covering the acquisition,rehabilitation, not reasonable. through (5),the URA and the
or demolition of the property for the (iii)Notwithstanding the provisions of requirements of 49 CFR part 24, subpart
project; or paragraph(c)(2)(i)or(ii)of this section, B apply to any acquisition of real
(ii)For the purposes of paragraph(c) a person does not qualify as a property for a project where there are
of this section,the term``displaced "displaced person"if: Continuum of Care funds in any part of
person " means any person(family, (A)The person has been evicted for the project costs.
individual,business,nonprofit serious or repeated violation of the (e)Appeals.A person who disagrees
organization,or farm)that moves from terms and conditions of the lease or ,
real property,or moves personal occupancy agreement;the eviction with the recipients (or subrecipient's,if
property from real property, complied with applicable federal,State, applicable) determination concerning
permanently,as a direct result of or local requirements(see§578.91);and whether the person qualifies as a
acquisition,rehabilitation,or the recipient or subrecipient determines displaced person, or the amount of
relocation assistance for which the
demolition for a project.This includes that the eviction was not undertaken for
-any permanent,involuntary move for a the purpose of evading the obligation to Person is eligible,may file a written
project that is made by a program provide relocation assistance; appeal of that determination with the
participant occupying transitional (B)The person moved into the recipient(see 49 CFR 24.10).A low-
housing or permanent housing assisted property after the submission of.the income person who is dissatisfied with
the reci ient's determination o
under Title IV of the McKinney-Vento application but,before signing a lease or pn r
his o
Act,if any one of the following three occupancy agreement and commencing her appeal may submit a written request
situations occurs: occupancy,was provided written notice for review of that determination to the
(A)The program participant moves of the project's possible'impact on the local HUD field office.
after execution of the agreement person (e.g.,the person may be §578.85 Timeliness standards.
covering the acquisition,rehabilitation, displaced,temporarily relocated,or (a)In general.Recipients must initiate
or demolition of the property for the incur a rent increase)and the fact that
approved activities and projects
project and is either not eligible to the person would not qualify as a
return upon project completion or the displaced person (or for any promptly.
move occurs before the program relocation assistance provided under (b)) Construction activities:Recipients
of funds for rehabilitation or new
participant is provided written notice this section),as a result of the project;
offering the program participant an (C)The person is ineligible under 49 construction must meet the following
opportunity to occupy a suitable, CFR 24.2(a)(9)(ii)); standards:
decent, safe,and sanitary dwelling in. (D)The person is a program (1) Construction activities must begin
the same building or complex upon participant occupying transitional within 9 months of the later of signing
project completion under reasonable housing or permanent housing assisted of the grant agreement or of signing an
terms and conditions. Such reasonable under Title IV of the Act who must addendum to the grant agreement
terms and conditions must include a move as a direct result of the length-of- authorizing use of grant funds for the
lease (or occupancy agreement,as occupancy restriction under§578.79;or 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 signing
a monthly rent or occupancy charge and acquisition,rehabilitation, or the grant agreement.
monthly utility costs that does not demolition for the project. (3)Activities that cannot begin until
exceed the maximum amounts (iv)The recipient may request,at any after construction activities are
established in§578.77; or time,HUD's determination of whether a_ completed must begin within 3 months
(B)The program participant is displacement is or would be covered of the date that construction activities
required to relocate temporarily, does under this section. are completed.
not return to 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);
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45461
(2)Distribute the appropriate portion funds as provided under the regulations be used for the acquisition,
of the funds to a subrecipient no later of this part without impairing its construction, or rehabilitation of
than 45 days after receiving an independence,autonomy,expression of structures only to the extent that those
approvable request for such distribution religious beliefs,or religious character. structures are used for conducting
from the subrecipient;and Such organization will retain its eligible activities under this part. When
(3)Draw down funds at least once per independence from federal,State,and a structure is used for' both eligible and
quarter of the program year,after local government,and may continue to explicitly religious activities, program
eligible activities commence. carry out its mission,including the funds may not exceed the cost of those
definition, development,practice,and portions of the acquisition,new
§578.87 Limitation on use of funds. expression of its religious beliefs, construction, or rehabilitation that are
(a)Maintenance of effort.No provided that it does not use direct attributable to eligible activities in
assistance provided under this part(or program funds to support or engage in accordance with the cost accounting
any State or local government funds any explicitly religious activities, requirements applicable to the
used to supplement this assistance)may including activities that involve overt Continuum of Care program.
be used to replace State or local funds religious content,such as worship, Sanctuaries,chapels,or other rooms
previously used,or designated for use, religious instruction,or proselytization, that a Continuum of Care program-
to assist homeless persons. or any manner prohibited by law. funded religious congregation uses as its
(b)Faith-based activities. (1)Equal Among other things,faith-based principal place.of worship,however,are
treatment of program participants and organizations may use space in their ineligible for Continuum of Care
program beneficiaries. (i)Program facilities to provide program-funded program-funded improvements.
participants:Organizations that are services,without removing or altering Disposition of real property after the
religious or faith-based are eligible,on religious art, icons,scriptures,or other term of the grant,or any change in the
the same basis as any other religious symbols.In addition,a use of the property during the term of
organization,to participate in'the Continuum of Care program-funded the grant-,is subject to governmentwide
Continuum of.Care program. Neither the religious organization retains its regulations governing real property
Federal Government nor a State or local' authority over its internal governance, disposition(see 24 CFR parts 84 and
government receiving funds under the and it may retain religious terms in its 85).
Continuum of Care program shall . organization's name, select its board (6) Supplemental funds.If a State or
discriminate against an organization on members on a religious basis,and local government voluntarily
the basis of the organization's religious include religious references in its contributes its own funds to supplement
character or affiliation.Recipients and organization's mission statements and federally funded activities,the State or
subrecipients of program funds shall other governing documents. local government has the option to
not,in providing program assistance, (4)Alternative provider.If a program segregate the federal funds or
discriminate against a program participant or prospective program commingle them. However,if the funds
participant or prospective program participant of the Continuum of Care are commingled,this section applies to
participant on the basis of religion or program supported by HUD objects to all of the commingled funds.
religious belief. the religious character of an (c)Restriction on combining funds.In
(ii)Beneficiaries.In providing organization that provides services a single structure or housing unit,the
services supported in whole or in part under the program,that organization following types of assistance may not be
with federal financial assistance,and in shall,within a reasonably prompt time combined:
their outreach activities related to such after the objection,undertake reasonable (1)Leasing and acquisition,
services,program participants shall not efforts to identify and refer the program rehabilitation, or new construction;
discriminate against current or participant to an alternative provider to (2)Tenant-based rental assistance and
prospective program beneficiaries on which the prospective program acquisition,rehabilitation, or new.
the basis of religion,a religious belief, participant has no objection.Except for construction;
a refusal to hold a religious belief,or a services provided by telephone,the (3)Short-or medium-term rental
refusal to attend or participate in a Internet,or similar means,the referral assistance and acquisition,
religious practice. must be to an alternate provider in rehabilitation, or new construction;
(2) Separation of explicitly religious reasonable geographic proximity to the (4)Rental assistance and leasing; or
activities.Recipients and subrecipients organization making the referral.In (5)Rental assistance and operating.
of Continuum of Care funds that engage. making the referral,the organization (d)Program fees.Recipients and
in explicitly religious activities, shall comply with applicable privacy subrecipients may not charge program
including activities that involve overt laws and regulations.Recipients and participants program fees.
religious content such as worship, subrecipients shall document any
religious instruction, or proselytization, §578.89 Limitation on use of grant funds
objections from program participants
must perform such activities and offer and prospective program participants to serve persons defined as homeless
such services outside of programs that and any efforts to refer such participants under other federal laws.
are supported with federal financial to alternative providers in accordance (a)Application requirement.
assistance separately,in time or with the requirements of Applicants that intend to serve
location,from the programs or services §578.103(a)(13).Recipients shall ensure unaccompanied youth and families with
funded under this part,and that all subrecipient agreements make children and youth defined as homeless
participation in any such explicitly organizations receiving program funds under other federal laws in paragraph
religious activities must be voluntary for aware of these requirements. (3)of the homeless definition in§576.2
the program beneficiaries of the HUD- (5) Structures.Program funds may not must demonstrate in their application,
funded programs or services. be used for the acquisition, to HUD's satisfaction,that the use of
(3)Religious identity.A faith-based construction, or rehabilitation of grant funds to serve such persons is an
organization that is a recipient or structures to the extent that those equal or greater priority than serving
subrecipient of Continuum of Care structures are used for explicitly persons defined as homeless under
program funds is eligible to use such religious activities.Program funds may 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 §578.93 Fair Housing and Equal addiction treatment,domestic violence
demonstrate that it is of equal or greater Opportunity. services, or a high intensity package
priority,applicants must show that it is (a)Nondiscrimination and equal designed to meet the needs of hard-to-
equally or more cost effective in meeting opportunity requirements.The reach homeless persons).While the
the overall goals and objectives of the nondiscrimination and equal housing may.offer services for a
plan submitted under section opportunity requirements set forth in 24 particular type of disability,no
427(b)(1)(B) of the Act,especially with CFR 5.105(a)are applicable. otherwise eligible individuals with
respect to children and unaccompanied (b)Housing for specific disabilities or families including an
youth. subpopulations.Recipients and individual with a disability,who may
(b)Limit.No more than 10 percent of subrecipients may exclusively serve a benefit from the services provided may
the funds awarded to recipients within particular homeless subpopulation in be excluded on the grounds that they do
a single Continuum of Care's geographic transitional or permanent housing if the not have a particular disability.
housing addresses a need identified by (c)Affirmatively furthering fair
area maybe used to serve such persons.. the Continuum of Care for the housing.A recipient must implement its
(c)Exception.The 10 percent geographic area and meets one of the programs in a manner that affirmatively
limitation does not apply to following: furthers fair housing,which means that
Continuums in which the rate of (1)The housing may be limited to one the recipient must: -
homelessness,as calculated in the most sex where such housing consists of a (1)Affirmatively market their housing
recent point-in-time count,is less than single structure with shared bedrooms and supportive services to eligible
one-tenth of one percent o_f.the total or bathing facilities such that the persons regardless of race-,color,
population. considerations of personal privacy and national origin,religion, sex,age,
the physical limitations of the familial status,or handicap who are
§578.91 Termination of assistance to configuration of the housing make it least likely to apply in the absence of
program participants. appropriate for the housing to be limited special outreach,and maintain records
(a) Termination of assistance.The to one sex; of those marketing activities;
recipient or subrecipient may terminate (2)The housing may be limited to a (2)Where a recipient encounters a
assistance to a program participant who specific subpopulation,so long as - condition or action that impedes fair
violates program requirements or admission does not discriminate against housing choice for current or
conditions of occupancy.Termination any protected class under federal prospective program participants,
under this section does not bar the nondiscrimination laws in 24 CFR 5.105 provide such information to the
recipient or subrecipient from providing (e.g.,the housing may be limited to - .jurisdiction that provided the
further assistance at a later date to the homeless veterans,victims of domestic certification of consistency with the
same individual or family. violence and their children,or Consolidated Plan;and
(b)Due process.In terminating chronically homeless persons and (3)Provide program participants with
assistance to a program participant,the families). information on rights and remedies
recipient or'subrecipient must provide a (3)The housing may be limited to- available under applicable federal,State
formal process that recognizes the rights families with children. and local fair housing and civil rights
of individuals receiving assistance (4)If the housing has in residence at laws.
under the due process of law.This least one family with a child under the (d)Accessibility and integrative
process,at a minimum,must consist of: age of 18,the housing may exclude housing and services for persons with
registered sex offenders and persons disabilities.Recipients and
(1)Providing the program participant with a criminal record that includes a subrecipients must comply with the
with a written copy of the program rules violent crime from the project so long as accessibility requirements of the Fair
and the termination process before the the child resides in the housing. Housing Act(24 CFR part 100), Section
participant begins to receive assistance; (5)Sober housing may exclude 504 of the Rehabilitation Act of 1973 (24
(2)Written notice to the program persons who refuse to sign an CFR part 8),and Titles II and III of the
participant containing a clear statement occupancy agreement or lease that Americans with Disabilities Act,as
of the reasons for termination; prohibits'program participants from applicable(28 CFR parts 35 and 36).In
(3)A review of the decision,in which possessing,using,or being under the accordance with the requirements of 24
the program participant is given the influence of illegal substances and/or CFR 8.4(d),recipients must ensure that
opportunity to present written or oral alcohol on the premises. their program's housing and supportive
objections before a person other than the (6) If the housing is assisted with services are provided in the most
person(or a subordinate of that person) funds under a federal program that is integrated setting appropriate to the
who made or approved the termination limited by federal statute or Executive needs of persons with disabilities.
decision;and Order to a specific subpopulation,the (e)Prohibition against involuntary
housing may be limited to that family separation.The age and gender
(4)Prompt written notice of the final subpopulation (e.g.,housing also of a child under age 18 must not be used
decision to the program participant. assisted with funding from the Housing- � g g as a basis for denying any family's
(c)Hard-to-house populations. Opportunities for Persons with AIDS admission to a project that receives
Recipients and subrecipients that are program under 24 CFR part 574 may be funds under this part.
providing per supportive limited to persons with acquired
housing for hard-to-house populations immunodeficiency syndrome or related §578.95 Conflicts of interest.
of homeless persons must exercise diseases). (a)Procurement.For the procurement
judgment and examine all extenuating (7)Recipients may limit admission to of property (goods,supplies,or
circumstances in determining when or provide a preference for the housing equipment) and services,the recipient
violations are serious enough to warrant to subpopulations of homeless persons and its subrecipients must comply with
termination so that a program and families who need the specialized the codes of conduct and conflict-of-
participant's assistance is terminated supportive services that are provided in interest requirements under 24 CFR
only in the most severe cases. the housing(e.g.,substance abuse 85.36 (for governments) and 24 CFR
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45463
84.42 (for private nonprofit the criteria in paragraph(d)(2)(ii) of this the same interests or benefits as are
organizations). section,provided that the recipient has. being made available or provided to the
rou or class;and
(b) Continuum of Care board satisfactorily met the threshold g Gp or J other relevant considerations.
members.No Continuum of Care board requirements of paragraph (d)(2)(ii)of ( .) }
member may participate in or influence this section. §578.97 Program income.
discussions or resulting decisions (i) Threshold requirements.HUD will (a)Defined.Program income is the
concerning the award of a grant or other consider an exception only after the income.received by the recipient or
financial benefits to the organization recipient has provided the following subrecipient directly generated by a
that the member represents. documentation: ant-su orted activity.
(c) Organizational conflict.An (A)Disclosure of the nature of the grant-supported
Use. rogram income earned
organizational conflict of interest arises conflict,accompanied by a written during the grant term shall be retained
when,because of activities or assurance,if the recipient is a by the recipient,and added to funds
relationships with other persons or government,that there has been public committed to the project by HUD and
organizations,the recipient or disclosure of the conflict and a the recipient,used for eligible activities
subrecipient is unable or potentially description of how the public disclosure in accordance with the requirements of
unable to render impartial assistance in was made;and if the recipient is a this part. Costs incident to the
the provision of any type or amount of private nonprofit organization,that the generation of program income may be
assistance under this part,or when a conflict has been disclosed in deducted from gross income to calculate
covered person's,as in paragraph(d)(1) accordance with their written code of program income,provided that the costs
of this section,objectivity in performing conduct or other conflict-of-interest have not been charged to grant funds.
work with respect to any activity policy;and (c)Rent and occupancy charges.
assisted under this part is or might be (B)An opinion of the recipient's Rents and occupancy charges collected
otherwise impaired. Such an attorney that the interest for which the from program participants are program
organizational conflict would arise exception is sought would not violate income.In addition,rents and
when a board member of an applicant State or local law,or if the subrecipient occupancy charges collected from
participates in decision of the applicant is a private nonprofit organization,the residents of transitional housing may be
concerning the award of a grant,or exception would not violate the reserved,in whole or in part,to assist
provision of other financial benefits,to organization's in policies. . the residents from who-in they are
the organization that such member (ii)Factors to be considered for collected to move to permanent
represents.It would also arise when an exceptions.In determining whether to housing.
employee of a recipient or subrecipient grant a requested exception after the of other federal in making rent recipient has satisfactorily met the §578.99 Applicability
reasonableness determinations under threshold requirements under paragraph requirements.
§578.49(b)(2) and§5-78.51(g)and (c)(3)(i)of this section,HUD must In addition to the requirements set
.housing quality inspections of property conclude that the exception will serve forth in 24 CFR part 5,use of assistance
under§578.75(b)that the recipient, to further the purposes of the provided under this part must comply .
subrecipient,or related entity owns. Continuum of Care program and the with the following federal requirements:
(d) Other conflicts.For all-other effective and efficient-administration of (a)Environmental review. Activities
transactions and activities,the following the recipient's or subrecipient's project, under this part are subject to
restrictions apply: taking into account the cumulative environmental review by HUD under 24
(1)No covered person,meaning a effect of the following factors,as CFR part 50 as noted in§578.31.
person who is an employee,agent, applicable: (b) Section 6002 of the Solid Waste
consultant,officer,or elected or (A)Whether the exception would Disposal Act.State agencies and
appointed official of the recipient or its provide a significant cost benefit or an agencies of a political subdivision of a
subrecipients and who exercises or has essential degree of expertise to the state that are using assistance under this
exercised any functions or program or project that would otherwise part for procurement,and any person
responsibilities with respect to activities not be available; contracting with such an agency with
assisted under this part,or who is in a (B)Whether an opportunity was respect to work performed under an
position to participate in a decision- provided for open competitive bidding assisted contract,must comply with the
making process or gain inside or negotiation; requirements of Section 6003 of the
ted person has Solid Waste Disposal Act,as
information with regard to activities (C)Whether the affeco n and
amended
assisted under this part,may obtain a withdrawn from his or her functions, by the Resource Conservation
financial interest or benefit from an responsibilities,or the decision-making Recovery Act.In accordance with
assisted activity,have a financial process with respect to the specific Section 6002,these agencies and
interest in any contract,subcontract,or activity in question;
persons must:
agreement with respect to an assisted (D)Whether the interest or benefit (1)Procure items designated in
activity, or have a financial interest in was present before the affected person guidelines
rotection of
encE(EPA) at 40 CFR part
the proceeds derived from an assisted was in the position described in Protection
that cony in t( highest percentage
activity,either for him or herself or for paragraph(c)(1) of this section; 247
those-with whom he or she has (E)Whether undue hardship will of recovered materials practicable,
immediate family or business ties, result to the recipient,the subrecipient, consistent with maintaining a
during his.or her tenure or during the or the person affected,public interest served by the purchase price of thitem competition,
exceeds
one-year period following his or her against the pub $10,000 or the value of the quantity
tenure. avoiding the prohibited conflict;
(2)Exceptions.Upon the-written (F)Whether the person affected is a acquired in the preceding fiscal year
request of the recipient,HUD may grant member of a group or class of persons exceeded$10,000;
an exception to the provisions of this intended to be thand the exception tie
ill services n a mannerTthat maximizes
section on a case-by-case basis,taking assisted activity,
into account the cumulative effects of permit such person to receive genera energy and resource recovery; and
-45464 Federal 'Register/Vol. 77, No. -147/..Tuesday, July-31, 2012/Rules and Regulations
(3)Must have established an (i) Section 3 of the Housing and establishing and operating a Continuum
affirmative procurement program for the Urban Development Act.Recipients and of Care:
procurement of recovered materials subrecipients must,as applicable, (i)Evidence that the Board selected by
identified in the EPA guidelines. comply with Section 3 of the Housing the Continuum of Care meets the
(c) Transparency Act Reporting. and Urban Development Act of 1968 requirements of§578.5(b);
Section 872 of the Duncan Hunter and its implementing regulations at 24 (ii)Evidence that the Continuum has
Defense Appropriations Act of 2009, CFR part 135,as applicable. been established and operated as set
and additional requirements published forth in subpart B of this part, 'including
a
by the Office of Management and Subpart G—Grant Administration published agendas and meetino
Budget(OMB),requires recipients to minutes,an approved Governance
report (OMB),re made either repass- §578.101 Technical assistance.. Charter that is reviewed and updated
through awards,subrecipient awards,or (a)Purpose.The purpose of annually,a written process for selecting
vendor awards in the Federal Continuum of Care technical assistance a board that is reviewed and updated at
Government Web site wurw.fsrs.gov or is to increase the effectiveness with least once every 5 years, evidence
its successor system.The reporting of which Continuums of Care,eligible required for designating a single HMIS
award and subaward information is in applicants,recipients,subrecipients, for the Continuum, and monitoring
accordance-with the requirements of the and UFAs implement and administer reports of recipients and subrecipients;
Federal Financial Assistance their Continuum of Care planning (iii)Evidence that the Continuum has
Accountability and Transparency Act of process;improve their capacity to prepared the application for funds as set
2006,as amended by section 6202 of prepare applications;prevent the forth in §578.9,including the
Public Lave 110-252 and in OMB Policy separation of families in projects funded designation of the eligible applicant to
Guidance issued to the federal agencies under the Emergency Solutions Grants, be the collaborative applicant.
on September 14, 2010 (75 FR 55669). Continuum of Care,and Rural Housing (2) Unified funding agency records.
(d) The Coastal Barrier Resources Act Stability Assistance programs;and UFAs that requested grant amendments
from HUD,as set forth in
of 1982(16 U.S.C. 3501 et seq.)may adopt and provide best practices in the s,
g
apply to proposals under this part, housing and services for persons must keep evidence that the grant
depending on the assistance requested. experiencing homelessness. amendment was approved by the
(e)Applicability of OMB Circulars. (b)Defined.Technical assistance Continuum.This evidence may include
The requirements of 24 CFR part 85— means the transfer of skills and minutes of meetings at which the grant
Administrative Requirements for Grants knowledge to entities that may need,but amendment was discussed and
and Cooperative Agreements to State, do not possess,such skills and approved.
Local,and Federally Recognized Indian knowledge.The assistance may include, (3)Homeless status.Acceptable
Tribal Governments and 2 CFR part but is not limited to,written evidence of the homeless as status is set
225—Cost Principles for State,Local information such as papers,manuals, forth in 24 CFR 576.500(b).
and Indian Tribal Governments (OMB guides,and brochures;person-to-person (4)At risk of homelessness status.For
Circular.A-87)—apply to governmental exchanges;web-based curriculums, those recipients and subrecipients that
recipients and subrecipients except training and Webinars,and their costs. serve persons at risk of homelessness,
where inconsistent with the provisions (c) Set-aside.HUD may set aside the recipient or subrecipient must keep
of this part.The requirements of 24 CFR funds annually to provide technical records that establish"at risk of
part 84—Uniform Administrative assistance,either directly by HUD staff homelessness" status of each individual
Requirements for Grants and or indirectly through third-party or family who receives Continuum of
Agreements with Institutions of Higher providers. Care homelessness prevention
Education,Hospitals,and Other Non- (d)Awards.From time to time,as assistance.Acceptable evidence is
Profit Organizations; 2 CFR part 230— HUD determines the need,HUD may found in 24 CFR 576.500(c).
Cost Principles for Non-Profit advertise and competitively select (5)Records of reasonable belief of
Organizations (OMB Circular A-122); providers to deliver technical imminent threat of harm. For each
f Care due
and 2 CFR part 220—Cost Principles for assistance.HUD may enter into program participant.o moved to a
Education Institutions apply to the contracts,grants,or cooperative different Continuum of
nonprofit recipients and subrecipients, agreements,when necessary,to imminent threat of further domestic
violence, dating violence,sexual
except where inconsistent with the implement the technical assistance.
provisions of the McKinney-Vento Act HUD may also enter into agreements assault,or stalking under§578.51(c)(3),
or this part. with other federal agencies for awarding each recipient or subrecipient of
(f)Lead-based paint.The Lead-Based the technical assistance funds. assistance under this part must retain:
Paint Poisoning Prevention Act(42 (i)Documentation of the original
U.S.C. 4821-4846),the Residential §578.103 Recordkeeping requirements. incidence of domestic violence, dating
Lead-Based Paint Hazard Reduction Act (a)In general.The recipient and its violence, sexual assault,or stalking,
of 1992 (42 U.S.C.4851-4856),and subrecipients must establish and only if the original violence is not
implementing regulations at 24 CFR part maintain standard operating procedures already documented in the program
35,subparts A,B,H,J,K,M,and R for ensuring that Continuum of Care participant's case file.This may be
apply to activities under this program. program funds are used in accordance written observation of the housing or
(g)Audit.Recipients and with the requirements of this part and service provider;a letter or other
subrecipients must comply with the must establish and maintain sufficient documentation from a victim service
audit requirements of OMB Circular A– records to enable HUD to determine provider, social worker,legal assistance
133, "Audits of States,Local whether the recipient and its provider,pastoral counselor,mental
Governments,and Non-profit subrecipients are meeting the health provider,or other professional
Oraanizations." requirements of this part,including: from whom the victim has sought
(%)Davis-Bacon Act.The provisions (1) Continuum Of Care records.Each assistance;medical or dental records;
of the-Davis-Bacon Act do not apply to collaborative applicant must keep the court records or law enforcement
this program. following documentation related to records;or vlrritten certification by the
Federal Register/Vol. 77, INTO. 147/Tuesday, July 31, 2012/Rules and Regulations 4545
program participant to whom the subrecipient must keep records for each must maintain copies of their marketing,
violence occurred or by the head of program participant that document: outreach, and other materials used to
household. M The services and assistance inform eligible persons of the program
(ii)Documentation of the reasonable provided to that program participant, to document compliance with the
belief of imminent threat of further including evidence that the recipient or requirements in§578:93(c).
domestic violence,dating violence,or subrecipient has conducted an annual (15) Other federal requirements.The
sexual assault or stalking,which would assessment of services for those program recipient and its subrecipients must
include threats from a third-party,such participants that remain in the program document their compliance with the
as a friend or family member of the for more than a year and adjusted the federal requirements in§578.99,as
perpetrator of the violence.This maybe service package accordingly,and applicable.
written observation by the housing or including case management services as (16) Subrecipients and contractors.M
provided in§578.37(a)(1)(ii)(F);and The recipient must retain copies of all
service provider;a letter or other
documentation from a victim service (ii)Where applicable,compliance solicitations of and agreements with
provider,social worker,legal assistance with the termination of assistance subrecipients,records of all payment
re uirement in§578.91. requests by and dates of payments made
provider,pastoral counselor,mental �g)Housing standards.The recipient to subrecipients, and documentation of
health provider, or other professional or subrecipient must retain all monitoring and sanctions of
from whom the victim has sought documentation of compliance with the subrecipients,as applicable.
housing standards in§578.75(b
assistance;current restraining order; (ii)The recipient must retain
recent court order or other court ),
records;law enforcement report or including inspection reports. documentation of monitoring
s from (9)Services provided.The recipient or_ subrecipients,including any monitoring
records;communication record
the perpetrator of the violence s family subrecipient must document the types findings and corrective actions required.
of supportive services provided under (iii)The recipient and its
members.or friends of the perpetrator of the recipient's program and the amounts subrecipients must retain copies of all
the violence, including emails, sent on those services.The recipient or procurement contracts.and
voicemails,text messages,and social p
media posts;or a written certification by subrecipient must keep record that these documentation of compliance with the.
to whom the records were reviewed at least annually procurement requirements in 24 CFR
the program participant. and that the service package offered to 85.36 and 24 CFR part 84.
violence occurred or the head of program participants-was adjusted as (17) Other records specified by HUD.
household. necessary. The recipient and subrecipients must
(6)Annual income.For each program (10)Match.The recipient must keep keep other records specified by HUD.
participant who receives housing records of the source and use of (b) Confidentiality.In addition to
assistance where rent or an occupancy contributions made to satisfy the match meeting the specific confidentiality and
charge is paid by.the program requirement in§578.73.The records security requirements for HMIS data,
participant,the recipient or subrecipient must indicate the grant and fiscal year the recipient and its subrecipients must
.Must keep the following documentation for which each matching contribution is develop and implement written
of annual income: counted.The records must show how procedures to ensure:
(i)Income_evaluation form specified the value placed on third party in-kind (1)All records containing protected
by HUD and completed by the recipient contributions was derived.To the extent identifying information of any
or subrecipient;and feasible,volunteer services must be individual or family who applies for
(ii)Source documents(e.g.,most supported by the same methods that the and/or receives Continuum of Care
recent wage statement,unemployment organization uses to support-the -assistance will be kept secure and-
compensation statement,public benefits allocation of regular personnel costs. confidential;
statement,bank statement)for the assets (11) Conflicts of interest.The (2)The address or location of any
held by the program participant and recipient and its subrecipients must family violence project assisted .,vith
income received before the date of the keep records to show compliance with Continuum of Care funds will not be
evaluation; the organizational conflict-of-interest made public,except with v�7ritten
(iii)To the extent that source requirements in§578.95(c),the authorization of the person responsible
documents are unobtainable,a written Continuum of Care board conflict-of- for the operation of the project;and
statement by the relevant third party interest requirements in§578.95(b),the u The address a location of any
(e.g.,employer,government benefits housing of a program participant will
g other conflict requirements in g P g P P
administrator) or the written §578.95(d), a copy of the persona] not be made public,except as provided
certification by the recipient's or conflict-of-interest policy developed under a preexisting privacy policy of the
subrecipient's intake staff of the oral and implemented to comply with the recipient or subrecipient and consistent
verification by the relevant third party requirements in§578.95,and records with State and local laves regarding
of the income the program participant supporting exceptions to the personal privacy and obligations of
received over the most recent period;or conflict-of-interest prohibitions. confidentiality;
(iv)To the extent that source ' (12)Homeless participation.The (c)Period of record retention. All
documents and third-party verification recipient or subrecipient must records pertaining to Continuum of Care
are unobtainable,the written document its compliance with the funds must be retained for the greater of
certification by the program participant homeless participation requirements 5 years or the period specified below.
of the amount of income that the under§578.75(g). Copies made by microfilming,
program participant is reasonably (13)Faith-based activities.The photocopying,or similar methods may
expected to receive over the 3-month recipient and its subrecipients must be substituted for the original records.
period following the evaluation. document their compliance with the (1)Documentation of each program
(7)Program participant records.In faith-based activities requirements participant's qualification as a family or
addition to evidence of"homeless" under§578.87(b). individual at risk of homelessness or as
status or"at-risk-of-homelessness" (14)Affirmatively Furthering Fair a homeless family or individual and
status,as applicable,the recipient or Housing.Recipients and subrecipients other program participant records must
45466 Federal 'Register/Vol L. 77, No. 147/Tuesday,.July 31; 201.2/Rules and..Regulations
be retained for 5 years after the proposed reduction in the total number other sources,including citizen
expenditure of all funds from the grant of units funded under the grant. comments,complaint determinations,
under which the program_participant (2)Approval of substitution of the and litigation. .
was served;and recipient is contingent on the new (2)If HUD determines preliminarily
(2)Where Continuum of Care funds recipient meeting the capacity criteria in that the recipient or one of its
are used for the acquisition,new the NOFA under which the grant was subrecipients has not complied with a
construction, or rehabilitation of a awarded, or the most recent NOFA. program requirement,HUD will give the
project site,records must be retained Approval of shifting funds between recipient notice of this determination
until 15 years after the date that the activities and changing subpopulations and an opportunity to demonstrate,
project site is first occupied,or used,by is contingent on the change being within the time prescribed by HUD and
program participants. necessary to better serve eligible persons on the basis of substantial facts and data
(d)Access to records. (1)Federal within the geographic area and ensuring that the recipient has complied with the
Government rights.Notwithstanding the that the priorities established under the requirements.HUD may change the
confidentiality procedures established NOFA in which the grant was originally method of payment to require the
under paragraph (b) of this section, awarded,or the most recent NOFA,are recipient to submit documentation
HUD,the HUD Office of the Inspector met. before payment and obtain HUD's prior
General,and the Comptroller General of (b)For Continuums having more than approval each time the recipient draws
the United States,or any of their one recipient. (1)The recipients or down funds. To obtain prior approval,
authorized representatives,must have subrecipients may not make any the recipient may be required to
the right of access to all books, significant changes to a project without manually submit its payment requests
documents,papers, or other records of -prior HUD approval,evidenced by a and supporting documentation.to I4UD
the recipient and its subrecipients that grant amendment signed by HUD and in order to show that the funds to be
are pertinent to the Continuum of Care the recipient. Significant changes drawn down will be expended on
grant,in order to make audits, include a change of recipient,a change eligible activities in accordance with all
examinations,excerpts,and transcripts. of project site,additions or deletions in program requirements.
These rights of access are not limited to the types of eligible activities approved (3)If the recipient fails to demonstrate
the required retention period,but last as for a project,a shift of more than 10 to HUD's satisfaction that the activities
long as the records are retained. percent from one approved eligible were carried out in compliance with
(2)Public rights.The recipient must- activity to another,a reduction in the. program requirements,HUD may take
provide citizens,public agencies,and number of units,and a change in the one or more of the remedial actions or
other interested parties with reasonable subpopulation served. sanctions specified in paragraph(b) of
access to records regarding any uses of (2)Approval of substitution of the this section.
Continuum of Care.funds the recipient recipient is contingent on the new (b)Remedial actions and sanctions.
received during the preceding 5 years, recipient meeting the capacity criteria in Remedial actions and sanctions for a
consistent with State and local laws the NOFA under which the grant was failure to meet a program requirement,
regarding privacy and obligations of awarded,or the most recent NOFA. will be designed to prevent a
confidentiality and confidentiality Approval of shifting funds between continuation of the deficiency;to
requirements in this part. activities and changing subpopulations mitigate,to the extent possible,its
�e) Reports.In addition to the is contingent on the change being . adverse effects or consequences;and to
reporting requirements in 24 CFR parts necessary to better serve eligible persons prevent its recurrence.
84 and 85,the recipient must collect within the geographic area and ensuring (1)HUD may instruct the recipient to
and report data on its use of Continuum that the priorities established under the submit and comply with proposals for
of Care funds in an Annual Performance NOFA in which the grant was originally action to correct,mitigate,and prevent
Report(APR),as well as in any awarded,or the most recent NOFA,are noncompliance with program
additional reports as and when required met. re uirements, including:
by HUD.Projects receiving grant funds (c)Documentation of changes not �i)Preparing and following a schedule
only for acquisition,rehabilitation,or requiring a grant amendment.Any other of actions for carrying out activities and
new construction must submit APRs for changes to an approved grant or project projects affected by the noncompliance,
15 years from the date of initial. must be fully documented in the including schedules,timetables,and
occupancy or the date of initial service recipient's or subrecipient's records. milestones necessary to implement the
provision,unless HUD provide_s an affected activities and projects;
exception under§578.81(e). §578.107 Sanctions. (ii)Establishing and following a
(a)Performance reviews. (1)HUD will management plan that assigns
§578.105 Grant and project changes. review the performance of each responsibilities for carrying out the
(a)For Unified Funding Agencies and recipient in carrying out its remedial actions;
Continuums having only one recipient. responsibilities under this part,with or (iii)Canceling or revising activities or
(1)The recipient may not make any without prior notice to the recipient.In projects likely to be affected by the
significant changes without prior HUD conducting performance reviews,HUD noncompliance,before expending grant
approval;evidenced by a grant will rely primarily on information funds for them;
amendment signed by HUD and the obtained from the records and reports (iv)Reprogramming grant funds that
recipient. Significant grant changes from the recipient and subrecipients,as have not yet been expended from
include a change of recipient, a shift in well as information from on-site affected activities or projects to other
a single year of more than 10 percent of monitoring,audit reports,and eligible activities or projects;
the total amount awarded under the information generated from HUD's (v)Suspending disbursement of grant
grant for-one approved eligible activity financial and reporting systems(e.g., funds for some or all activities or
category to another activity and a LOCCS and e-snaps)and HMIS.Where projects;
permanent change in the subpopulation applicable,HUD may also consider (vi)Reducing or terminating the
served by any one project funded under relevant information pertaining to the remaining grant of a subrecipient and
the grant, as well as a permanent recipient's performance gained from either reallocating those funds to other
Federal Register/Vol. 77, No. 147/Tuesday, July 31, 2012/Rules and Regulations 45467
subrecipients or returning funds to other funded activities cannot (1)Identification of any closeout costs
HUD;and reasonably be expected to be expended or contingent liabilities subject to
(vii)Making matching contributions for eligible costs during the remaining payment with Continuum of Care
before or as draws are made from the term of the grant; program funds after the closeout
recipient's grant. (3)If the actual total cost of agreement is signed;.
(2)HUD may change the method of acquisition,rehabilitation, or new. (2)Identification of any unused grant
payment to a reimbursement basis. construction for a project is less than the funds to be deobligated by HUD;
(3)HUD may suspend payments to total cost agreed to in the grant (3)Identification of any program
the extent HUD determines necessary to agreement; income on deposit in financial
preclude the further expenditure of (4)If the actual annual leasing costs, institutions at the time the closeout
funds for affected activities or projects. operating costs,supportive services agreement is signed;
(4)HUD may continue the grant with costs,rental assistance costs,or HMIS (4)Description of the recipient's-
a substitute recipient of HUD's costs are less than the total cost agreed responsibility after closeout for:
choosing. to in the grant agreement for a one-year - (i)Compliance with all program
(5)HUD may deny matching credit for period; requirements in using program income
all or part of the cost of the affected p (5)Program participants have not on deposit at the time the closeout
activities and require the recipient to .moved into units within 3 months of the agreement is signed and in using any
make further matching contributions to time that the units are available for other remaining Continuum of Care
make up for the contribution occupancy;and program funds available for closeout
determined to be ineligible. (6)The grant agreement may set forth costs and contingent liabilities;
(6)HUD may require the recipient to (ii)Use of real property assisted with
in detail other circumstances under
reimburse the recipient s line of credit which funds may be deobligated and Continuum of Care program funds in
in an amount equal to the funds used for other sanctions may be imposed. accordance with the terms of
the affected-activities. commitment and principles;
(7)HUD may reduce or terminate the §578.109 Closeout. (iii)Use of personal property
remaining grant of.a recipient. (a)In general.Grants will be closed
(8)HUD may condition a future grant. g purchased with Continuum of Care
(9)HUD may take other remedies that out in accordance with the requirements program funds;and
are legally available. of 24 CFR parts 84 and 85,and closeout (iv)Compliance with requirements
(c).Recipient sanctions.If the procedures established by HUD. governing program income received
recipient determines that a subrecipient (b)Reports.Applicants must submit subsequent to grant closeout.
is not complying with a program all reports required by HUD no later (5)Other provisions appropriate to
requirement or its subrecipient than 90 days from the date of the end any special circumstances of the grant
agreement,the recipient must take one of the project's grant term. closeout,in-modification of or in
of the actions listed in paragraphs(a) (c) Closeout agreement.Any addition to the obligations in paragraphs
and,(b) of this section. obligations remaining as of the date of (c)(1)through(4) of this section.
(d)Deobligation.HUD may deobligate the closeout must be covered by the Dated:June 28,2012.
funds for the following reasons: terms of a closeout agreement.The
(1)If the timeliness standards in agreement will be prepared by HUD in Mark Johnston,
§578.85 are not met; consultation with the recipient.The Assistant Secretary for Comm unity Planning
(2)If HUD determines that delays agreement must identify the grant-being and Developm en t(A cting).
completing construction activities for a closed out,and include provisions with [FR Doc.2012-17546 Filed 7-30-12;8:45 am]
project will mean that the funds for respect to the following: BILLING Cone 4210-67-P
FY 2013 eSnaps
Scope of Service
Budget and Performance Objectives
ATTACHMENT B"eSnaps, Scope, Performance and Budget"
Scope of Service
lr L0177L4D001306 City of Miami beach Outreach
The Subrecipient shall provide seven hundred (700) outreach contacts and at least three
hundred fifty-five (355) 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
2013 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,transitional and permanent housing;
4. Placement may include temporary hotel or motel if applicable and available;
S. 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 costs associated with activities as described in 24 CFR
Part 578, in the Subrecipient's Agreement, related US HUD Grant, eSnaps application, and
-approved by-the Recipient. Reimbursement shall be made only for the costs incurred for
operations,administration and supportive services actually provided to program
participants,unless the Recipient agrees,in writing,to another mode of payment as
provided for in this.Agreement;
2. The Subrecipient is responsible for matching all eligible,allowable,allocable funds (except
leasing) by providing documentation verifying the 25% cash or in-kind value expended;
3. Monthly progress reports and program narratives signed by the Subrecipient's Executive
Director or duly authorized designee shall be submitted,as required;
4. The Subrecipient shall serve program participants (clients) referred by the Recipient
within available resources or its designee for housing and or services through the
Recipient's established referral process;
S. Services shall be provided in accordance with the timeline submitted by the Subrecipient;
6. Any proposed modifications or revisions to the Subrecipient's program and or services
must be submitted in writing and must receive prior approval by the Recipient; and
7. The Subrecipient shall achieve the performance measures delineated in their application to
U.S. HUD and in 24 CFR Part 578 CoC Homeless Assistance Program.
ATTACHMENT B "Technical Submission includes Scope of Service, Program and Budget"
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Project and Recipient Information
1. Awarded Grant Number: FL0177L4D001306
2. Project Name: City of Miami Beach Outreach
3. CoC Number and Name: FL-600 - Miami/Dade County CoC
4. Recipient Legal Name: Miami-Dade County
5. EIN/TIN: 59-6000573
6a.DUNS Number: 004148292 6b.DUNS Extension:
HUD Award Information
Renewal HUD
Applicant Award
Submission
7.Component Type: SSO- SSO
B.Grant Term: 1 Year 1 Year
9.Will the PH project provide PSH or RRH?
10.Rental Assistance Type: N/A N/A
11.Indirect Cost Rate: No No
Budget Summary
Eligible Activities Annual Annual Grant Term Grant Term Total Requested Total Requested
Amount Amount (Renewal (HUD for Grant Term for Grant Term
Requested Requested Applicant Award) (Renewal (HUD Award)
(Renewal (HUD Submissio Applicant
Applicant Award) n) Submission)
Submissio
n)
1a.Leased Units $0 $0 1 Year 1 Year $0 $0
1b.Leased Structures $0 $0 1 Year 1 Year $0 $0
2.Short-term/Medium- $0 $0 1 Year 1 Year $0 $0
term Rental Assistance
3.Long-term Rental $0 $0 1 Year 1 Year $0 $0
Assistance
4.Supportive Services $60,946 $60,946 1 Year 1 Year $60,946 $60,946
5.Operating $0 $0 1 Year 1 Year $0 $0
6.HMIS $0 $0 1 Year 1 Year $0 $0
7.Sub-total Costs $60,946 $60,946
Requested
8.Admin $4,266 $4,266
(Up to 10%)
9.Total Assistance Plus $65,212 $65,212
Admin Requested
HUD Renewal Application Review Page 1 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FLO177L4D001306
10.Cash Match $314,000 $314,000
11.In-Kind Match $0 $0
12.Total Match $314,000 $314,000
113.Total Budget $379,212 $379,212
F77:���HUD�Rene�walpplication �RevVie�w ������ e 2 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
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.
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 24 CFR 578.53.
Quantity AND Description: This is a required field. 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. Please note that simply stating-"1 FTE"is NOT providing
"Quantity AND Detail" and limits HUD's understanding of what is being requested. Failure to
enter adequate`Quantity AND Detail' may result in conditions being placed on an award and a
delay of grant funding.
Annual Assistance Requested: This is a required field. For each grant year, enter the amount
of funds 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 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 with the value"l Year"and will be read only.
Total Request for Grant Term: This field is automatically calculated based total amount
requested for each eligible cost multiplied by the grant term.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/`coc-program-competition-resources/
A quantity AND description must be entered for each requested cost. Any
cost without a quantity and a description will be removed from the budget.
Eligible Costs Quantity AND Description Annual Assistance
(max 400 characters) 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
11.Mental Health Services
12.Outpatient Health Services .
13.Outreach Services 2 FTE Outreach Case Workers-Salary and Fringe Benefits $60,946
Renewal Project Application FY2013 Page 40 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
14.Substance Abuse Treatment Services
15.Transportation
16.Utility Deposits
17.Operating Costs
Total Annual Assistance Requested $60,946
1 Year
Grant Term
$60.,946
Total Request for.Grant Term
Click the 'Save' button to automatically calculate totals.
Renewal Project Application FY2013 Page 41 06113/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
ID. Congressional District(s)
Instructions:
Areas Affected By Project:This field is required. Select the State(s) in which the proposed
project will operate and serve the homeless.
Descriptive Title of Applicant's Project: This field is populated with the name entered on the
Project form when the project application was initiated. To change the project name, click return
to the Submission List and click on "Projects"on the left hand menu. Click on the magnifying
glass next to the project name to edit.
Congressional District(s):
a. Applicant:This field is pre-populated from the Project Applicant Profile. Project applicants
cannot modify the pre-populated data on this form. However, project applicants may modify the
Project Applicant Profile in e-snaps to correct an error.
b..Project: This field is 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.
Proposed Project Start and End Dates: In this required field, indicate the operating start date
and end date for the project. For new project applications, indicate the estimated operating start
and end date of the project.
Estimated Funding: Fields intentionally left blank, cannot edit.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
14. Area(s) affected by the project (State(s) Florida
only):
(for multiple selections hold CTRL key)
15. Descriptive Title of Applicant's Project: City of Miami Beach Outreach
16. Congressional District(s):
a. Applicant: FL-027, FL-026, FL-024, FL-025, FL-023
(for multiple selections hold CTRL key)
b. Project: FL-023
(for multiple selections hold CTRL key)
17. Proposed Project
a. Start Date: 06/01/2014
Renewal Project App 06/1312014
lication FY2013 Page 6
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
b. End Date: 05/31/2015
18. Estimated Funding ($)
a. Federal:
b. Applicant:
c. State:
d. Local:
e. Other:
f. Program Income:
g. Total:
Renewal Project Application FY2013 Page 7 06/13/2014
Applicant: Miami-Dade County 0041482920000.
Project: City of Miami Beach Outreach FL0177L4D001306
2A. Project Subreciplents
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-A .wards: $65,212
Organization Type Sub
Award
Amount
City of Miami Beach C. City or Township Government $65,212
Renewal Project Application FY2013 Page 11 06/13/2014
Applicant: Miami-Dade County
0041482920000
Project: City of Miami.Beach Outreach FL0177L4D001306
2Ae Project Subrecipients Detail
Instructions:
Enter the contact information for the person designated by the subrecipient who has the
authority to act on the subrecipient's behalf.
Organization Name: This field is required. Enter the legal name of the organization that will
serve as the subrecipient.
Organization Type: This field is required. Select the type of business organization that best
describes the subrecipient. Nonprofit applicant types (both public and private)are required to
submit to HUD one of the following sources documenting nonprofit status: (1) IRS letter or ruling
showing 501(c)(3) status; (2) Documentation showing certified United Way agency status; (3)
Certification from a licensed CPA(see 24 CFR part 578); or(4) Letter from an authorized state
official showing that the applicant is organized and in good standing as a public nonprofit
organization.
If Other, please specify: Enter the other type of business organization that best describes the
subrecipient.
Tax ID or EIN: This field is required. Enter the Employer or Taxpayer Identification Number
(EIN or TIN)as assigned by the Internal Revenue Service. If your organization is not in the US,
enter 44-4444444.
DUNS Number: This field is required. Enter the organization's DUNS or DUNS+4 number
received from Dun and Bradstreet. Information on obtaining a DUNS number may be obtained at
http://www.dnb.com.
Address: Enter the street address, city, state, and zip code (required); county, province, and
country(optional). If the mailing address is different form the street address, enter the mailing
address.
Congressional District(s): This field is required. Select the congressional district(s)in which the
subrecipient is located.
Faith Based Organization: This field is required. Select"Yes" or"No" if the subrecipient is a
faith based organization.
Prior Federal Grant Recipient: This field is required. Select"Yes" or"No"to indicate if the
subrecipient has ever received a federal grant.
Contact person: Enter the prefix,first name, last name, and title (required); middle name and
suffix (optional). Enter the person's organizational affiliation if affiliated with an organization other
than the subrecipient. Enter the person's telephone number and email (required); alternate
number, extension, and fax number(optional).
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
a. Organization Name: City of Miami Beach
Renewal Project Application FY2013 Page 12 06/13/2014
Applicant: Miami-Dade County 0041482920000.
Project: City of Miami Beach Outreach FL0177L4D001306
b. Organization Type: C. City or Township Government
If "'Other" specify:
c. Employer or Tax Identification Number: 59-6000372
*d.Organizational DUNS: 020546289 PL
Us
4
e. Physical Address
Street 1: 1700 Convention Center Drive
Street 2:
City: Miami Beach
State: Florida
Zip Code: 33139
f. Congressional District(s): FL-023
(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: $65,212
j. Contact Person
Prefix: Ms.
First Name: Judy
Diddle Name:
Last Name: Hoanshelt
Suffix:
Title: Grants Manager
Renewal Project Application FY2013 Page 13 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
E-mail Address: judyhoanshelt @ci.miamibeach.fl.us
Confirm E-mail Address: judyhoanshelt @ci.miamibeach.fl.us
Phone Number: 305-673-7510
Extension:
Fax Number: 305-604-2421
Renewal Project Application FY2013 Page 14 06/13/2014
Applicant: Miami-Dade County
0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
3A., Project Detail
Instructions:
The selections made on this form will determine which additional forms will need to be
completed for this project application.
Expiring Grant Number: This field is pre-populated with the expiring grant number entered on
form "1A. Application Type."
CoC Number and Name: Select the number and name of the CoC to which the project
application will be submitted for the local competition review process. This is the CoC that will
submit the CoC Consolidated Application to HUD by the designated submission deadline.
Applicants with projects that do not belong to a CoC should select"No CoC".
CoC Applicant Name: Select the name of the CoC Applicant, also known as the Collaborative
Applicant,from the dropdown. In most cases, there will only be one name from which to choose;
however, in the case of a Competing CoC,there may be more than one name from which to
choose. The project applicant should choose the name of the CoC Applicant to which they
intend to submit this project application.
Project Name: This is pre-populated from the"Project"form.and cannot be edited.
Project Status: The default selection is"Standard", indicating that the applicant is submitting
the application to the Collaborative Applicant for consideration in the FY 2013 competition. The
selection should only be changed to"Appeal" in the event that the project application is rejected
by the Collaborative Applicant(either formally in a-snaps or outside of e-snaps)and the project
applicant wants to appeal this decision directly to HUD by submitting a solo application. For
additional information on the appeal process, see the Appeals Notice that is published by HUD,
after the FY 2013 CoC Program NOFA is published.
Component Type: This is a required field. Select the component type that identifies the
renewal project application type.
Energy Star: this field is required. Select"Yes"or"No"to indicate if Energy Star is being used
in this project at one or more properties that will receive funding in this CoC Program
Competition.
Title V: This field is required. Select"Yes"or"No"to indicate if one or more properties being
served by this project were acquired under Title V.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Expiring Grant Number: FL0177L4D001205
(e.g., the"Federal Award Identifier" indicated on form 1 A.Application Type)
2a. CoC Number and Name: FL-600 - Miami/Dade County CoC
2b. CoC Applicant Name: Miami-Dade County
Renewal Project Application FY2013 Page 15 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
3. Project Name: City of Miami Beach Outreach
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?
Renewal Project Application FY2013 Page 16 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306.
For SHP projects renewing under the CoC Program for the first time, is the project budget being
revised to rental assistance from leasing? (This change must have been listed on the final HUD-
approved GIW S ee 24 CFR 578.49(b)(8)); This is a required field. "Yes" should only be
l was approved b HUD during the GIW
selected if the change from leasing to rental assistance pp y g
process.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Provide a description that addresses the entire scope of the proposed.
project.
The.City of Miami Beach conducts street outreach Monday through Friday to
identify, engage and offer services to homeless persons with the City of Miami
Beach. Via its outreach efforts and walk-in center located at 555-17th Street),
the City seeks proactively reaches out.to homeless pe rsons with a variety of
services including: intake and assessment for services, shelter placement,
replacement of identification documents, application for entitlements, relocation
services and referral services to providers within the County's Continuum of
Care.
Goals and Objectives: The City's goal is to end homelessness in the City by
providing prevention and intervention .services to participants who are homeless
or at risk of homelessness. As one of the City's intended outcomes, the City
has prioritized ending homelessness by investing in support services including
shelter beds and transportation services to enable relocation for those with
support networks elsewhere as a means of augmenting our outreach efforts.
Eligibility: The City serves homeless persons within its municipal boundaries
who seek to end their cycle of homelessness. Clients and Population Served:
The City anticipates serving 700 homeless persons (families and individuals) via
its outreach services during the grant period. Of these, we expect to place 350
participants in emergency shelter, housing first and other housing with
supportive services. Hours of Operation: The City's walk-in center operates
8:30am -12:00 pm and 1 pm-3:30 pm daily. Street outreach is conducted during
walk-in center operating hours as well as early morning outreach (commencing
at 4am) in conjunction with the Miami Beach Police Department.
2. Does your project participate in a CoC Yes
Coordinated Assessment System?
3. Does your project have a specific Yes
population focus?
3a. Please identify the specific population focus. (Select ALL that apply)
Chronic Homeless Domestic Violence
X X
Veterans Substance Abuse
X X
Renewal Project Application FY2013 Page 19 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Youth(under 25) Mental Illness
X
Families HIV/AIDS
X
Other ��
(Click'Save'to update) X
Other: All individuals and families in need of services
4. Do you plan on serving homeless No
households with children and youth defined
as homeless under other federal statutes
(Paragraph 3 of the definition of homeless
found at 24 CFR 578.3)? Please note that no
project is permitted to serve this population
unless the CoC has requested and is
approved to do so.
L Renewal Project Application FY2013 Page 20 06113/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1a. Are the proposed project policies and Yes
practices consistent with the lames related to
providing education services to individuals
and families?
1b. Does the proposed project have a Yes
designated staff person to ensure that the
children are enrolled in school and receive
educational services, as appropriate?
2. For all supportive services available to participants, indicate who will
provide them, how they will be accessed, and how often they will be
provided.
Click 'Save' to update.
Supportive Services Provider Access Frequency
Assessment of Service Needs Subrecipient Onsite Daily
Assistance with Moving Costs
Case Management Subrecipient Onsite Daily
Child Care
Education Services
Employment Assistance and Job Partner Program van As needed
Training
Food Subrecipient Onsite Daily
Housing Search and Counseling Subrecipient Program van Daily
Services
Legal Services
Life Skills Training
Mental Health Services Partner Program van As needed
Outpatient Health Services Partner Program van As needed
Outreach Services Subrecipient Onsite Daily
Substance Abuse Treatment Partner Program van As needed
Services
Transportation Subrecipient Program van Daily
Utility Deposits
3. Flow accessible are most community amenities to project participants?
Most Community Amenities Access
Schools,libraries,houses of worship,grocery Very accessible:No transportation barriers,
stores,laundromats,doctors,dentists,parks . _ easily within reach of all participants.
or recreation facilities.
Renewal Project Application FY2013 Page 23 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
4B. supportive Services unly
Instructions:
SSO PROJECTS ONLY
Is this project a street outreach project?This is a required field. Select'Yes' or'No' to indicate
whether services are exclusively provided via a day(or drop-in)center, mobile van or unit, and
street walks.Homeless persons.served through street outreach projects are often unable or
unwilling to come into a shelter..
Are the project activities, including case management, related to a Housing Goal? This is a
required field if No to question 1..Select'Yes'.or'No' to indicate whether services from a fixed
location are provided to specifically help homeless persons identify or maintain housing..
Is this project a coordinated assessment project?This is a required field.if No to question 2.
Select Yes or No to indicate whether the project is for the development and/or implementation
of a CoC-wide Centralized or Coordinated Assessment. All other projects not represented by
the three categories must select'No.'
By answering these three questions and saving the form, unique performance measurement
charts will be available in Section 6 of the project application and are designed specifically for
the type of Supportive Services Only project identified.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Is this project a street outreach project? Yes
Renewal Project Application FY2013 Page 24 06/13/2014
Applicant: Miami-Dade County
0041482920000.
Project: City of Miami Beach Outreach FL0177L4D001306
C. HMIS Participation
Instructions:
ALL PROJECTS EXCEPT HMIS
Does this project provide client level data to the HMIS at least annually: This is a required field.
Select"Yes"of"No "from the drop down menu.
.If"No"was selected, indicate the reason for non-participation in the HMIS by selecting one or
more of the following reasons for not participating in the CoC's HMIS: Federal law prohibits,
State law prohibits, New project not yet operating, and other. If"Federal/State prohibition" cite
the applicable law in the text box provided. For"Other" provide an explanation in the text box.
If"Yes"was selected:
Indicate the number of clients served from 1/1/2012— 12/31/2012: Enter the number of
participants reported in the HMIS, only positive integers will be accepted. This should be a
cumulative yearly count of clients served.
Of the clients
served from 1/1/2012— 12/31/2012, indicate the number reported in the HMIS:
Enter a number that is smaller than or equal.to the answer in the above question Only positive
integers will be accepted..
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
cell,.please enter"0:" At least one value must be entered into the grid. Enter a number in the
applicable fields that represents the percentage of each data element that have null or missing
values, and a number that represents the percentage of each data element were reported as
"Don't Know or Refused."
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Does this project provide client level Yes
data to HMIS at least annually?
2a. Indicate the number of clients served 849
from 1/1/2012 - 12/31/2012
2b. Of the clients served from 1/1/2012 - 849
12/31/2012, 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 cell, please enter 19019
.
Renewal Project Application FY2013 Page 25 06/13/2014
Appiicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Data Quality Null or Missing Don't Know or
Values(%) Refused(%)
Name
0% 0%
Social Security Number 0% 0%
Ethnicity
0% 0%
Race
0% 0%
Gender
0% 0%
Veteran Status 0% 0%
Disabling Condition 0% 1%
Residence Prior to P.rog.Entry 0% 0%
Zip Code of Last Permanent Address 0% 1
Renewal Project Application FY2013 Page 26 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
5Aa Project Participants - Households
Instructions:
ALL PROJECTS EXCEPT HMIS
In each non-shaded 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: Enter the number of households under at least one of the categories: Households
with at least One Adult and One Child, Adult Households without Children, or Households with
Only Children.
Households with at least One Adult and One Child: Enter the total number of households with at
least one adult and one child. To fall under this column and household type, there must be at
least one person at or above the age of 18, and at least one person under the age of 18.
Adult Households without Children: Enter the total number of adult households without children.
To fall under this column and household type, there must be at least one person at or above the
age of 18, and no persons under the age of 18.
.Households with Only Children: Enter the total 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: Enter the total number of homeless that fall under one of the characteristics
listed.
Persons in Households with at least One Adult and One Child: Enter the number of persons in
households with at least one adult and on child for each demographic row. To fall under this
column and household type, there must be at least one person at or above the age of 18,and at
least one person under the age of 18.
Adult Persons in Households without Children: Enter the number of persons in households
without children for each demographic row. To fall under this column and household type, there
must be at least one person at or above the age of 18, and no persons under the age of 18.
Persons in Households with Only Children: Enter the number of persons in households with only
children for each demographic row. To fall under this column and household type,there may not
be any persons at or above the age of 18, and only persons under the age of 18.
Totals: All fields in the"Total Number..." and "Total Persons" rows will automatically calculate
when the"Save" button is clicked.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Households Households with at Adult Households Households with Total
Least One Adult without Children Only Children
and One Child
Total Number of Households 25 355 0 380
Renewal Project Application FY2013 Page 27 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FLO177L4D001306
Characteristics Persons in Adult Persons in Persons in Total
Households with at Households without Households with
Least One Adult Children Only Children
and One Child
Disabled Adults over age 24
3 175 178
Non-disabled Adults over age 24
22 135 157
Disabled Adults ages 18-24 1 25 26
2 20 22
Non-disabled Adults ages 18-24
2
Accompanied Disabled Children under age
2 p
18
Accompanied Non-disabled Children under 30 0 30
age 18
Unaccompanied Disabled Children under
0 0
age 18
.0 0
Unaccompanied Non-disabled Children
under age 18
Total Number of Adults over age 24
25 310 335
Total Number of Adults ages 18-24
3 45 48
Total Number of Children under age 18
32 0 32
T otal Persons
60 355 0 415
Click Save to automatically calculate totals
Page 28
Renewal Project Application FY2013 06!13/2014
r
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL01771_4D001306
5B. Project Participants - subpopulations
Instructions:
ALL PROJECTS EXCEPT HMIS
*This form can only be completed once form "5A. Project Participants—Households" has been
completed and saved.
In each non-shaded field enter the number of persons served at maximum program capacity
according to their age group, disability status, and the extent in which persons served fit into one
or more of the subpopulation categories.The numbers here are intended to reflect a single point
in time at maximum capacity 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.
Complete each of the three charts on the form according to household types.
Persons in Households with at Least One Adult and One Child chart: Enter only persons in
households with at least one adult and one child. To be listed on this chart, a person must be
part of a household with at least one person at or above the age of 18, and at least one person
under the age of 18.
Persons in Households without Children chart: Enter only persons in adult households without
children. To be listed on this chart, a person must be part of a household with 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 chart: Enter only persons in households with only
children. To be listed on this chart, a person must be part of a household with no persons at or
above the age of 18, and only persons under the age of 18.
Total Persons: All fields in the "Total Persons" rows will calculate automatically when the"Save"
button is clicked.
Describe the unlisted subpopulations.referred to above: This field is visible and mandatory if a
number greater than 0 is entered into the column "Persons not represented by listed
subpopulations." Enter text that describes the person(s) identified in this column and explains
how they do not fall under the other categories in columns 1 through 9.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Persons in Households with at Least One Adult and One Child
'Non-
Persons
Chronic Chronic Chronic, Chronic Victims not
ally, ally,. Substan Persons Severely of Physical Develop represen
Characteristics Homeles Homeles Honieles ce- with Mentally Domesti Disabilit mental ted by
s Non= s s ; Abuse HIV/AID III c y Disabilit listed.
Veterans Veterans Veterans S Violence y subpopu
lations
Disabled Adults over age 24 3
Non-disabled Adults over age 24 5 17
Disabled Adults ages 18-24 1
Non-disabled Adults ages 18-24 2
Disabled Children under age 18 = - , 2
Non-disabled Children under age 18
Renewal Project Application FY2013 Page 29 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Total Persons 0 0 0 0 0 3 6 1 3 47
Click Save.to automatically calculate totals
Persons in Households without Children
Non- Persons
Chronic Chronic Chronic Chronic Victims not
ally ally ally Substan Persons Severely of Physical Develop represen
Characteristics Homeles Homeles Homeles ce with Mentally Domesti Disabilit mental ted by
s Non- s s Abuse HIV/AID III c y Disabilit listed
Veterans Veterans Veterans S Violence y subpopu
lations
Disabled Adults over age 24 75 2 8 25 0
Non-disabled Adults over age 24 0
2 g 48
Disabled Adults ages 18-24 5
Non-disabled Adults ages 18-24
Total Persons 80 4 16 5 60
Click Save to automatically calculate totals
Persons in Households with Only Children
Persons
Non-
Chronic Chronic Chronic Chronic Victims not
ely of Physical Develop represen
ally ally ally Substan Persons Sever
Characteristics Homeles Homeles Homeles ce with Mentally Domesti Disabilit mental ted by
s Non- . s s Abuse HIV/AID III c y Disabilit listed
Veterans Veterans Veterans S Violence y subpopu
lations
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 Persons 0 0 0 0 0 0 0 0
Describe the unlisted subpopulations referred to above:
The participants and children who were listed in the "unlisted sub-populations"
been identified with an
column have not b Y of the above-listed conditions.
Renewal Project Application FY2013 Page 30 06113/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FLO177L4D001306
5C. outreach for Participants
Instructions:
ALL PROJECTS EXCEPT HMIS
Enter the percentage of project participants that will be coming from each of the following
locations: This is a required field. Enter the percentage (between 0% and 100%) of participants
that will be coming from each of the following locations:
- 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 within 14 days, have no
subsequent housing identified, and lack the resources to obtain other housing (only applicable to
TH and SSO projects)
- Homeless persons as defined under other federal statutes (TH and SSO only and HUD
approval REQUIRED)
- Persons fleeing domestic violence
Total of above percentages: The percentages entered will automatically sum when all required
fields are entered and the"Save" button is clicked. A warning message will appear if the total is
greater than 100%.
If the total is less than 100 percent, identify how the persons meet HUD's definition of homeless
and the project type eligibility requirements.
AND/OR
If"Persons at imminent risk..." is greater than 0 percent, identify the project as either an SSO or
TH project and verify that.persons served will be within 14 days of losing their housing and
becoming literally homeless: This field is required if the total percentage calculated above is less
than 100 percent or if a number greater than 0 was entered in the"Persons at imminent risk of
losing their nighttime residence"_field..If both apply, the project applicant must provide a
response to both questions in this field.
If the total percentage calculated above is less than 100 percent, explain where the unaccounted
for participants will come from. All participants served in CoC Program funded projects must
meet eligibility criteria set forth in the CoC Program interim rule and the_FY 2013 CoC Program
NOFA.
If the field for"Persons at imminent risk of losing their nighttime residence within 14 days, have
no subsequent housing identified, and lack the resources to obtain other housing"contains a
percentage greater than 0, the project applicant must indicate how these persons meet the
eligibility criteria for the project component being requested (may only be TH or SSO).
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Enter the percentage of project participants that will be coming from
each of the following locations.
Renewal Project Application FY2013 Page 31 06/13/2014
Applicant: Miami-Dade County . 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
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 within 14 days,have no subsequent housing identified,
and lack the resources to obtain other housing(TH and SSO projects only)
Homeless persons as defined under other federal statutes(TH and SSO only and HUD approval REQUIRED)
Persons fleeing domestic violence.
100% Total of above percentages
2. If the total is-less than 100 percent, identify how the persons meet
HUD's definition of homeless and the project type eligibility requirements
AND/OR
If"Persons at imminent risk..." is greater than 0 percent, identify the
project as either an SSO or TH project and verify that persons served will
be within 14 days of losing their housing and becoming literally homeless.
_7
Renewal Project Application FY2013 Page 32 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
6A. Standard Performance Measures
Instructions:
SSO STREET OUTREACH PROJECTS ONLY
Persons placed into housing (ES, TH, SH, or PH)as a result of the street outreach program
during the operating year: Count every participant who has moved into any shelter or housing
situation after the initial street outreach intervention.
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? 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, enter a number 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 be placed into housing, the target %
should be"80%."
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
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 350 700 50%.
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 75 150 50%_T Renewal Project Application FY2013 Page 33 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Developmental Disability
Chronic Health
HIV/AIDS
Mental Health 100 200 50%
Substance Abuse 20 40 50%
i
Renewal Project Application FY2013 Page 34 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
6B. Additional Performance Measures
Use this form to submit additional measures on which the project will
report performance in the Annual Performance Report (APR).
Proposed Measure
The outreach team...
Renewal Project Application FY2013 Page 35 06/13/2014 71
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FLO177L4D001306
6B. Ad otional Performance Measures. Detail
Instructions:
For each additional measure, fill in the blank cells according to the following instructions:
Performance Measure: Provide a name for the additional performance measure. This name will
populate the list on the parent additional performance measures form.
Universe (#): Enter the total number of persons/units/items about whom/which the measure is
expected to be reported_. The Universe is the total pool of persons/units/items that could be
affected.
Target(#): Enter the number of applicable persons/units/items from the universe who/that are
expected to achieve the measure within the operating year.The Target is the total number of
persons/units/items 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%."
Data Source (e.g., data recorded in HMIS)and method of data collection (e.g., data collected by
the intake worker at entry and case*manager at exit) proposed to measure results: (required)
Use the text box provided to provide as much detail concerning the data systems and methods
as possible.
Specific data elements and formula proposed for calculating results: (required) Use the text field
provided and be specific.
Rationale for why the proposed.measure is an appropriate indicator of performance for this
program: (required) Use the text field provided to describe the appropriateness of the measure
given the nature of the program..
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Specify the universe and target goal numbers for the proposed
measure.
a.Proposed Measure b.Target(#) c.Universe(#) d.Target(%)
p (Calculated)
The outreach teams will place at least 50%of their 350 700 50%°
homeless population into emergency shelter
2. Data Source (e.g., data recorded in HMIS) and method of data collection
(e.g., data collected by the intake worker at entry and case manager at
exit) proposed to measure results
Participants information will be entered into the Service Point Homeless
Management Information System (HMIS). Case management staff will also
monitor progress in this area.
Renewal Project Application FY2013 Page 36 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
3. Specific data elements and formula proposed for calculating results
Data element reports will be generated via the HMIS system. The number of
client encountered divided by the number of clients placed.
4. Rationale for why the proposed measure is an appropriate indicator of
performance for this program
Emergency shelter placement is the first step in the process of ending
homelessness in our community.
Renewal,Project Application FY2013 Page 37 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
71. Sources of atch/Leverage
The following list summarizes the funds that will be used as Match or
Leverage for the project. To add a Matching/Leverage source to the list,
select the icon. To view or update a Matching/Leverage source already
listed, select the icon.
Summary for Match
Total Value of Cash Commitments: $314,000
Total Value of In-Kind Commitments: $0
Total Value of All Commitments: $314,000
Summary for Leverage
Total Value of Cash Commitments:
$0
Total Value of In-Kind Commitments: $587,066
Total Value of All Commitments: $587.,066
Match/ Type source Contributor Date of . Value of
Levera Commitment Commitments
9e: -
Match Cash Government City of Miami 12/16/2013 $314,000
Bea...
Levera In-Kind Government City of Miami 12/16/2013 $124,000
ge Bea...
Levera 'In-Kind Government City of Miami 12/16/2013 $401,135
ge. Bea...
Levera In-Kind Government City of Miami 12/16/2013 $20,000
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $3,650
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $4,200
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $3,000
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $1,740
ge Bea... -
Levera In-Kind Government City of Miami 12/16/2013 $5,000
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $1,000
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $10,800
ge Bea...
Levera In-Kind Government City of Miami 12/16/2013 $12,000
ge Bea...
Renewal Project Application FY2013 Page 42 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Levera In-Kind Government Miami-Dade 12/16/2013 $541
ge County...
i
Renewal Project Application FY2013 Page 43 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
Sources of Klatch/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution.The
Neighborhood Stabilization Program (NSP) and HUD-VASH (VA Supportive Housing program) .
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage-form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Will this commitment be used towards Match
Match or Leverage?
2. Type of.Commitment: Cash
3. Type of Source: Government
4. game the Source of the Commitment: City of Miami Beach-Cash for salaries
(Be as specific.as possible and include the
office or grant program as applicable)
6. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $314,000
Renewal Project Application FY2013 Page 44 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach. FL0177L4D001306
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Se_lect Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD=VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant.program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can .
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Outreach Staff Benefits
(Be as specific as possible and include the
office or grant program as applicable)
Renewal Project Application FY2013 Page 45 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
5. Date of Written Commitment: 12/16/2013
6. Valve of Written Commitment: $124,000
Sources of atch/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution.The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA.Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name.the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment:'Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, in-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Will this commitment be used towards Leverage
Match or Leverage?
.2. Type of Commitment: In-Kind
3. Type of Source: Government
Renewal Project Application FY2013 Page 46 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
4. Dame the Source of the Commitment: City of Miami Beach-Shelter Beds
(Be as specific as possible and include the
office or grant program as applicable)
5. Bate of.Written Commitment: 12/16/2013
6. Value of Written Commitment: $401,135 -
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS RATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
1. Will this commitment be used towards Leverage
Match or Leverage?
Renewal Project Application FY2013 Page 47 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
2. Type of Commitment: . In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Relocation Services
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $20,000
Sources ®f Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources,that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
.,,.tile information n concerning Match and L everage.
more Iol a uGtalicu inivri i iau0i i concerning J
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private..or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 48 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Food Expenses
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $3,650
Sources of Match/Leverago Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used'for eligible
program costs only and must be equal to or greater than 25%-of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will.be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage.? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type.of contribution
that describes this match-or-leveraging-commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a.higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/doc-program-competition-resources/
Renewal Project Application FY2013 Page 49 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Klatch or Leverage?
2. Type of Commitment: In-Kin.d
3. Type of Source: Government
4. Dame the Source of the Commitment: City of Miami Beach-Identification Documents
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of/Written Commitment: $4,200
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($) or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as.specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 50 06113/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government.
4. Name the Source of the Commitment: City of Miami Beach-Cellular Services
(.Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $3,000
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct*categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and-there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning.Match and Leverage.
Will this commitment be,used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution.The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton.Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget.where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 51 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
. 2. Type of Commitment: In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Storage Fees
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value-of Written Commitment: $1,740-
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)-to-denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the.Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and.Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/__T�
Renewal Project Application FY2013 Page 52 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Handheld Radios
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $5,000
Sources of Match/Leverage Detail
Instructions:
Match and Leverage-are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind) must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will be calculated using data from this
form: Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources,whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the.Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 53 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach
FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. fame the Source of the Commitment: City of Miami Beach-Homeless Services
(Be as specific as possible and include the Brochures
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment:. $1.,000
Sources of latch/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum-requirement,
however, the determination of the CoC's leveraging score will be calculated using data from this
form: Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the.type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution.The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 54 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or,Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. fame the Source of the Commitment: City of Miami Beach-Criminal Background
(Be as specific as possible and include the Checks
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6:Value of Written Commitment: $10,800
Sources of batch/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however, the determination of the CoC's leveraging score will be calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($)or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program)
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness)and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much.detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 55 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. Name the Source of the Commitment: City of Miami Beach-Transportation Vehicles
(Be as specific as possible and include the
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $12,000
Sources of Match/Leverage Detail
Instructions:
Match and Leverage are two distinct categories of funds from other sources that will be used in
conjunction with this project, if awarded. Match (cash or in-kind)must be used for eligible
program costs only and must be equal to or greater than 25%of the total grant request for all
eligible costs under the CoC Program interim rule with the exception of leasing costs. Leverage
funds can be used for any program related costs and there is no minimum requirement;
however,the determination of the CoC's leveraging score will be.calculated using data from this
form. Please review the CoC Program interim rule and the FY2013 CoC Program NOFA for
more detailed information concerning Match and Leverage.
Will this commitment be used towards Match or Leverage? Select Match or Leverage to
categorize each commitment being entered.
Type of Commitment: Select Cash ($) or In-kind (non-cash)to denote the type of contribution
that describes this match or leveraging commitment.
Type of source: Select Private or Government to denote the source of the contribution. The
Neighborhood Stabilization Program (NSP)and HUD-VASH (VA Supportive Housing program) -
funds may be considered Government sources. Project applicants are encouraged to include
funds from these sources, whenever possible. A CoC may receive a higher leveraging score if
any of its project applicants identify NSP funds as a source of leverage for.one or more projects.
Name the Source of the Commitment: Be as specific as possible (e.g. HHS PATH Grant,
Community Service Block Grant, Hilton Foundation Grant to End Chronic Homelessness) and
include the office or grant program as applicable. Enter the name of the entity providing the
contribution. It is important to provide as much detail as possible so that the local HUD office can
quickly identify and approve of the commitment source.
Date of written commitment: Enter the date of the written contribution.
Value of written commitment: Enter the total dollar value of the contribution
The values entered on each detailed Match/Leverage form with populate the summary form.
The Cash, In-Kind, and Total Match will also automatically populate the Summary budget where
the 25% match minimum will be calculated and applied.
Additional Resources can be found at the OneCPD Resource Exchange:
https://www.onecpd.info/e-snaps/guides/coc-program-competition-resources/
Renewal Project Application FY2013 Page 56 06/13/2014
Applicant: Miami-Dade County 0041482920000
Project: City of Miami Beach Outreach FL0177L4D001306
1. Will this commitment be used towards Leverage
Match or Leverage?
2. Type of Commitment: In-Kind
3. Type of Source: Government
4. flame the Source of the Commitment: Miami-Dade County Homeless Trust-Admin.
(Be as specific as possible and include the Cash
office or grant program as applicable)
5. Date of Written Commitment: 12/16/2013
6. Value of Written Commitment: $541
Renewal Project Application FY2013 Page 57 06/13/2014
Form I-9
Department of the Treasury
Internal Revenue Service IRS
Request for Taxpayer
Identification Number and Certification
ATTACHMENT C "HIV-9 Request for Taxpayer ID Number and Certification"
Form W=9 Request for Taxpayer Give Form to the
(Rev.December 2011) Identification Number and.Certification requester.Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name(as ow on your income tax return)
%,! I il -0�F W40M I
N Business name/disregarded entity name,if different from above
N
CZ
C Check appropriate box for federal tax classification:'
N
❑ Individual/sole proprietor ❑ C Corporation ❑ S Corporation ❑ Partnership ❑Trust estate
Q O
>%. El Exempt payee
i ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)►
o --------------------------------
C N
a v ❑ Other(see instructions)►Address(number,street,and apt.or suite no Requester's name and address(optional)
. Q
WCity,s ate,and ZIP code
List account number(s)here.(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on the"Name"line Social security number
to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - -
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN on page 3.
Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
Certification
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. 1 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 l am
no longer subject to backup withholding,and
3. 1 am a U.S.citizen or other U.S.person(defined below).
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 interes and dividends,you re not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 4.
Sign Signature of
Here U.S.person► Date► r(
General Instructions Note.If a requester gives you a form tther than Form W-9 to request
your TIN,you must use the requester's form if it is substantially similar
Section references are to the Internal evenue Code unless otherwise to this Form W-9.
noted. Definition of a U.S.person.For federal tax purposes,you are
Purpose of Form considered a U.S.person if you are:
A person who is required to file an information return with the IRS must •An individual who is a U.S.citizen or U.S.resident alien,
obtain your correct taxpayer identification number(TIN)to report,for •A partnership,corporation,company, or association created or
example,income paid to you,real estate transactions,mortgage interest organized in the United States or under the laws of the United States,
you paid,acquisition or abandonment of secured property,cancellation •An estate(other than a foreign estate),or
of debt,or contributions you made to an IRA.
;pecial A domestic trust(as defined in Regulations section 301.7701-7).
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 rules for partnerships.Partnerships that conduct a trade or
requester)and,when applicable,to: business in the United States are generally required#o pay a withholding
tax on any foreign partners share of income from such business.
1.Certify that the TIN you are giving is correct(or you are waiting for a Further,in certain cases where a Form W-9 has not been received,a
number to be issued), partnership is required to presume that a partner is a foreign person,
2. Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore, if you are a U.S.person that is a
3.Claim exemption from backup with if you are a U.S.exempt partner in a partnership conducting a trade or business in the United
payee. If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S.
allocable share of any partnership income from a U.S..trade or business status and avoid withholding on your share of partnership income.
is not subject to the withholding tax on foreign partners'share of
effectively connected income.
Cat.No.10231X Form W-9(Rev.12-2011)
•Form W-9(Rev.12-2011) Pa 9 e 2
The person who gives Form W-.9 to the partnership for purposes of Certain payees and payments are exempt from backup withholding.
establishing its U.S.status and avoiding withholding on its allocable See the instructions below and the separate Instructions for the
share of net income from the partnership conducting a trade or business Requester of Form W-9.
in the United States is in the following cases:. Also see Special rules for partnerships on page 1.
•The U.S.owner of a disregarded entity and not the entity,
The U.S.grantor or other owner of a grantor trust and not the trust, Updating Your Information
and You must provide updated information to any person to whom you
•The U.S.trust(other than a grantor trust)and not the beneficiaries of claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
the trust. person.For example,you may need to provide updated information if
Foreign person.If you are a foreign person,do not use Form W-9. you are a C corporation that elects to be an S corporation,or if you no
Instead,use the appropriate Form W-8(see Publication 515, longer are tax exempt.In addition,you must furnish a new Form W-9 if
Withholding of Tax on Nonresident Aliens and Foreign Entities). the name or TIN changes for the account,for example, if the grantor of a
Nonresident alien who becomes a resident alien.Generally,only a grantor trust dies.
nonresident alien individual may use the terms of a tax treaty to reduce Pe.naltieS
or eliminate U.S.tax on certain types of income.However,most tax
treaties contain a provision known as a"saving clause."Exceptions Failure to furnish TIN.If you fail to furnish your correct TIN to a
specified in the saving clause may permit an exemption from tax to .requester,you are subject to a penalty of$50 for each such failure
continue for certain types of income even after the payee has otherwise unless your failure is due to reasonable cause and not to willful neglect.
become a U.S.resident alien for tax purposes. Civil penalty for false information with respect to withholding.If you
If you are a U.S.resident alien who is relying on an exception make a false statement with no reasonable basis that results in no
contained in the saving clause of a tax treaty to claim an exemption backup withholding,you are subject to a$500 penalty.
from U.S.tax on certain types of income,you must attach a statement Criminal penalty for falsifying information.Willfully falsifying
to Form W-9 that specifies the following five items: certifications or affirmations may subject you to criminal penalties
1.The treaty country.Generally,this must be the same treaty under . including fines and/or imprisonment.
which you claimed exemption from tax as a nonresident alien.
Misuse of TINs.If the requester discloses or uses TINs in violation of
2.The treaty article addressing the income. federal law,the requester may be subject to civil and criminal penalties.
3.The article number(or location)in the tax treaty that contains the
saving clause and its exceptions. Specific Instructions
4.The type and amount of income that qualifies for the exemption Name
from tax.
5.Sufficient facts to justify the exemption from tax under the terms of If you are an individual,you must generally enter the name shown on
the treaty article. your income tax return.However,if you have changed your last name,
for instance,due to marriage without informing the Social Security
Example.Article 20 of the U.S.-China income tax treaty allows an Administration of the name change,enter your first name,the last name
exemption from tax for scholarship income received by a Chinese shown on your social security card,and your new last name.
student temporarily present in the United States.Under U.S.law,this
- student will become a resident alien for tax purposes if his or her stay in If the account is in joint names,list first,and then circle,the name of
the United States exceeds 5 calendar years.However,paragraph 2 of the person or entity whose number you entered in Part I of the form.
the first Protocol to the U.S.-China treaty(dated April 30, 1984)allows Sole proprietor.Enter your individual name as shown on your income
the provisions of Article 20 to continue to apply even after the Chinese tax return on the"Name"line.You may enter your business,trade,or
student becomes a resident alien of the United States.A Chinese "doing business as(DBA)"name on the"Business name/disregarded
student who qualifies for this exception(under paragraph 2 of the first entity name"line.
protocol)and is-relying on this exception to claim an exemption from tax Partnership,C Corporation,or S Corporation.Enter the entity's name
on his or her scholarship or fellowship income would attach to Form on the"Name"line and any business,trade,or"doing business as
W-9 a statement that includes the information described above to (DBA)name"on the"Business name/disregarded entity Warne"line.
support that exemption.
If you are a nonresident alien or a foreign entity not subject to backup Disregarded entity.Enter the owner's name on the"Name"line.The name of the entity entered on the"Name"line should never be a
withholding,give the requester the appropriate completed Form W-8. disregarded entity.The name on the"Name"line must be the name
What is backup withholding?Persons making certain payments to you shown on the income tax return on which the income will be reported.
must under certain conditions withhold and pay to the IRS a percentage For example,if a foreign LLC that is treated as a disregarded entity for
of such payments.This is called"backup withholding." Payments that U.S.federal tax purposes has a domestic owner,the domestic owner's
may be subject to backup withholding include interest,tax-exempt name is required to be provided on the"Name"line. If the direct owner
interest,dividends,broker and barter exchange transactions,rents, of the entity is also a disregarded entity,enter the first owner that is not
royalties,nonemployee pay,and certain payments from fishing boat disregarded for federal tax purposes.Enter the disregarded entity's
operators.Real estate transactions are not subject to backup name on the"Business name/disregarded entity name"line.If the owner
withholding. of the disregarded entity is a foreign person,you must complete an
You will not be subject to backup withholding on payments you appropriate Form W-8.
receive if you give the requester your correct TIN,make the proper Note.Check the appropriate box for the federal tax classification of the
certifications,and report all your taxable interest and dividends on your person whose name is entered on the"Name"line(Individual/sole
tax return. proprietor,Partnership,C Corporation,S Corporation,Trust/estate).
Payments you receive will be Subject to backup Limited Liability Company(LLC).If the person identified on the
withholding if: "Name"line is an LLC,check the"Limited liability company"box only
1.You do not furnish your TIN to the requester, and enter the appropriate code for the tax classification in the space
provided.If you are an LLC that is treated as a partnership for federal
2.You do not certify your TIN when required(see the Part II tax purposes,enter"P"for partnership.If you are an LLC that has filed a
instructions on page 3 for details), Form 8832 or a Form 2553 to be taxed as a corporation,enter"C"for
3.The IRS tells the requester that you furnished an incorrect TIN, C corporation or"S"for S corporation.If you are an LLC that is
4.The IRS tells you that you are subject to backup withholding disregarded as an entity separate from its owner under Regulation
because you did not report all your interest and dividends on your tax section 301.7701-3(except for employment and excise tax),do not
check the LLC box unless the owner of the LLC(required to be
return(for reportable interest and dividends only),or identified on the"Name"line)is another LLC that is not disregarded for
5.You do not certify to the requester that you are not subject to federal tax purposes. If the LLC is disregarded as an entity separate
backup withholding under 4 above(for reportable interest and dividend from its owner,enter the appropriate tax classification of the owner
accounts opened after 1983 only). identified on the"Name"line.
Form W-9(Rev.12-2011) Page 3
Other entities.Enter your business name as shown on required federal Part I.Taxpayer Identification Number(TIN)
tax documents on the"Name"line.This name should match the name Enter your TIN in the appropriate box.If you are a resident alien and
shown on the charter or other legal document creating the entity.You you do not have and are not eligible to get an SSN,your TIN is your IRS
may enter any business,trade,or DBA name on the"Business name/ individual taxpayer identification number([TIN). Enter it in the social
disregarded entity name"line. security number box.If you do not have an ITIN,see How to get a TIN
Exempt Payee below.
If you are a sole proprietor and you have an EIN,you may enter either
If you are exempt from backup withholding,enter your name as
described above and check the appropriate box for your status,then your SSN or EIN.However,the IRS prefers that you use your SSN.
check the"Exempt payee"box in the line following the"Business name/ If you are a single-member LLC that is disregarded as an entity
disregarded entity name,"sign and date the form. separate from its owner(see Limited Liability Company(LLC)on page 2),
Generally,individuals(including sole proprietors)are not exempt from enter the owner's SSN(or EIN,if the owner has one).Do not enter the
disregarded entity's EIN.If the LLC is classified as a corporation or
backup withholding.Corporations are exempt from backup withholding partnership,enter the entity's EIN.
for certain payments,such as interest and dividends.
Note.If you are exempt from backup withholding,you should still Note.See the chart on page 4 for further clarification of name and TIN
combinations.
complete this form to avoid possible erroneous backup withholding.
The following payees are exempt from backup withholding: How to get a TIN.If you do not have a TIN,apply for one immediately.
To apply for an SSN,get Form SS-5,Application for a Social Security
1.An organization exempt from tax under section 501(a),any IRA,'or a Card,from your local Social Security Administration office or get this
custodial account under section.403(b)(7)if the account satisfies the form online at www.ssa.gov.You may also get this form by calling
requirements of section 401(f)(2), 1-800-772-1213.Use Form W-7;Application for IRS Individual Taxpayer
2.The United States or any of-its agencies or instrumentalities, Identification Number,to apply for an ITIN,or Form SS-4,Application for
3.A state,the District of Columbia,a possession of the United States, Employer Identification Number,to apply for an EIN.You can apply for
or any of their political subdivisions or instrumentalities, an EIN online by accessing the IRS website at www.irs.gov/businesses
and clicking on Employer Identification Number(EIN)under Starting a
4.A foreign government or any of its political subdivisions,agencies, Business.You can get Forms W-7 and SS-4 from the IRS by visiting
or instrumentalities,or IRS.gov or by calling 1-800-TAX-FORM(1-800-829-3676).
5.An international organization or any of its agencies or If you are asked to complete Form W-9 but do not have a TIN,write
instrumentalities. "Applied For"in the space.for the TIN,sign and date the form,and give
Other payees that may be exempt from backup withholding include: it to the requester.For interest and dividend payments,and certain
6.A corporation, payments made with respect to readily tradable instruments,generally
you will have 60 days to get a TIN and give it to the requester before you
7.A foreign central bank of issue, are subject to backup withholding on payments.The 60-day rule does
8.A dealer in securities or commodities required to register in the not apply to other types of payments.You will be subject to backup
United States,the District of Columbia,or a possession of the United withholding on all such payments until you provide your TIN.to the
States, requester.
9.A futures commission merchant registered with the Commodity Note.Entering"Applied For"means that you have already applied for a
Futures Trading Commission, TIN or that you intend to apply for one soon.
10.A real estate investment trust, Caution:A disregarded domestic entity that has a foreign owner must
11.An entity registered at all times during the tax year under the use the appropriate Form W-8.
Investment Company Act of 1940, Part II. Certification
12.A common trust fund operated by a bank under section 584(a), To establish to the withholding agent that you are a U.S.person,or
13.A financial institution, resident alien,sign Form W-9.You may be requested to sign by the
14.A middleman known in the investment community as a nominee or withholding agent even if item 1,below,and items 4 and 5 on page 4
custodian,or indicate otherwise. .
15.A trust exempt from tax under section 664 or described in section For a joint account,only the person whose TIN is shown in Part 1
4947. should sign(when required). In the case of a disregarded entity,the
The following chart shows types of payments that may be exempt person identified on the"Name"line must sign. Exempt payees,see
from backup withholding.The chart applies to the exempt payees listed
Exempt Payee on page 3.
above,1 through 15. Signature requirements.Complete the certification as indicated in
items 1 through 3,below,and items.4 and 5 on page 4.
IF the payment is for... THEN the payment is exempt 1.Interest,dividend,and barter exchange accounts opened
for... before 1984 and broker accounts considered active during 1983.
You must give your correct TIN,but you do not have to sign the
Interest and dividend payments All exempt payees except certification.
for 9
2.Interest,dividend,broker,and barter exchange accounts -
Broker transactions Exempt payees 1 through 5 and 7 opened after 1983 and broker accounts considered inactive during
through 13.Also,C corporations. 1983.You must sign the certification or backup withholding will apply.If
Barter exchange transactions and Exempt payees 1 through 5 you are subject to backup withholding and you are merely providing
dividends .your correct TIN to the requester,you must cross out item 2 in the
patronage certification before signing the form.
Payments over$600 required to be Generally,exempt payees 3.Real-estate transactions.You must sign the certification.You may
reported and direct sales over 1 through 7 2 cross out item 2 of the certification.
$5,000'
'See Form 1099-MISC,Miscellaneous Income,and its instructions.
2 However,the following payments made to a corporation and reportable on Form -
1099-MISC are not exempt from backup withholding:medical and health care
payments,attorneys'fees,gross proceeds paid to an attorney,and payments for
services paid by a federal executive agency.
Form.W-9(Rev.12-2011) Page 4
4.Other payments.You must give your correct TIN,but you do not Note.If no name is circled when more than one name is listed,the
have to sign the certification unless you have been notified that you number will be considered to be that of the first name listed.
have previously given an incorrect TIN."Other payments"include
payments made in the course of the requester's-trade or business for Secure VOUr Tax Records from Identity Theft
rents,royalties,goods(other than bills for merchandise),medical and Identity theft occurs when someone uses your personal information
health care services(including payments to corporations), payments to such as your name,social security number(SSN),or other identifying
a nonemployee for services,payments to certain fishing boat crew information,without your permission,to commit fraud or other crimes. .
members and fishermen,and gross proceeds paid to attorneys An identity thief may use your SSN to get a job or may file a tax return
(including payments to corporations). using your SSN to receive a refund.
5.Mortgage interest paid by you,acquisition or abandonment of To reduce your risk:
secured property,cancellation of debt,qualified tuition program • Protect your SSN.,
payments(under section 529),IRA,Ooverdell ESA,Archer MSA or
HSA contributions or distributions,and pension distributions.You e Ensure your employer is protecting your SSN,and
must give your correct TIN,but you do not have to sign the certification. • Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
What Dame and Number To Give the Requester notice from the IRS,respond right away to the name and phone number
For this type of account Give name and SSN of: printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
1.Individual The individual think you are at risk due to a lost or stolen purse or wallet,questionable
2.Two or more individuals(joint The actual owner of the account or, credit card activity or credit report,contact the IRS Identity Theft Hotline
account) if combined funds,the first at 1-800-908-4490 or submit Form 14039.
' individual on the account'
3.Custodian account of a-minor The minor' For more information,see Publication 4535, Identity Theft Prevention(Uniform Gift to Minors Act) and Victim Assistance.
4..a.The usual revocable savings The grantor-trustee Victims of identity theft who are.experiencing economic harm or a.
trust(grantor is also trustee) system problem,or are seeking help in resolving tax problems that have
b.So-called trust account that is The actual owner' not been resolved through normal channels,may be eligible for
not a legal or valid trust under Taxpayer Advocate Service(TAS)assistance.You can reach TAS by
state law calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
5.Sole proprietorship or disregarded The owner' 1-800-829-4059.
entity owned by an individual Protect yourself from suspicious emails or phishing schemes.
6.Grantor trust filing under Optional The grantor' Phishing is the creation and use of email and websites designed to
Form 1099 Filing Method 1 (see 9
Regulation section 1.671-4(b)(2)(i)(A)) mimic legitimate business emails and websites.The most common act
For this type of account: Give name and EIN of: is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
7.Disregarded entity not owned by an The owner private information that will be used for identity theft.
individual
8.A valid trust,estate,or pension trust Legal entity` The IRS does not initiate contacts with taxpayers via emails.Also,the
IRS does not request personal detailed information through email or ask
9.Corporation electing The corporation taxpayers for the PIN numbers, passwords,or similar secret access
corporate status o on Form 8832 or
Form 2553 information for their credit card,bank,or other financial accounts.
10.Association,club,religious, The organization If you receive an unsolicited email claiming to be from the IRS,
charitable,educational,or other forward this message to phishing@irs.gov.You may also report misuse
tax-exempt organization of the IRS name,logo,or other IRS property to the Treasury Inspector
11.Partnership or multi-member LLC The partnership General for Tax Administration at 1-800-366-4484.You can forward
12.A broker or registered nominee The broker or nominee suspicious emails to the Federal Trade'Commission at:Spam @uce.gov
13.Account with the Department of The public entity or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT
Agriculture in the name of a public (1-877-438-4338).
entity(such as a state or local Visit IRS.gov to learn more about identity theft and how to reduce
government,school district,or your risk.
prison)that receives agricultural
program payments
14.Grantor trust filing under the Form The trust
1041 Filing Method or the Optional
Form 1.099 Filing Method 2(see
Regulation section 1.671-4(b)(2)(i)(B))
List first and circle the name of the person whose number you furnish.If only one person on a
joint account has an SSN,that person's number must be furnished.
z Circle the minor's name and furnish the minor's SSN.
3 You must show your individual name and you may also enter your business or"DBA"name on
the"Business name/disregarded entity"name line-You may use either your SSN or EIN[if you
have one),but the IRS encourages you to use your SSN.
E
List first and circle the name of the trust,estate,or pension trust.(Do not furnish the TIN of the
personal representative or trustee unless the legal entity itself is not designated in the account.
title.)Also see Special rules for partnerships on page 1.
*Note.Grantor also must provide a Form W-9 to trustee of trust.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons(including federal agencies)who are required to file information returns with
the IRS to report interest,dividends,or certain other income paid to you;mortgage interest you paid;the acquisition or abandonment of secured property;the cancellation
of debt;or contributions you made to an IRA,Archer MSA,or HSA.The person collecting this form uses the information on the form to file information returns with the IRS,
reporting the above information.Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities,states,the District
of Columbia,and U.S.possessions for use in administering their laws.The information also may be disclosed to other countries under a treaty,to federal and state agencies
to enforce civil and criminal laws,or to federal law enforcement and intelligence agencies to combat terrorism.You must provide your TIN whether or not you are required to
file a tax return.Under section 3406,payers must generally withhold a percentage of taxable interest,dividend,and certain other payments to a payee who,does not give a
TIN to the payer.Certain penalties may also apply for providing false or fraudulent information.
SWORN STATEMENT PURSUANT TO
FLORIDA STATUTES§287.133 (3)(a) ON PUBLIC ENTITY CRIMES. '
ATTACHMENT D - State of Florida "Public Entity Crimes" Sworn Statement 3 pages
SWORN STATEMENT PURSUANT TO
FLORIDA STATUTES §287.133 (3)(a) ON PUBLIC ENTITY CRIMES
(THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL
AUTHORIZED TO ADMINISTER OATHES)
This sworn s tame t is submitted to Miami Dade County by (print individual's name and title.in blank). For
KA OI I (print name f entity submitting sworn statement in .blank), whose business address is .
JOA 1169f+66 file• I s kO (if applicable) whose Federal Employer Identification Number (FEIN)
is,6=-6000 332or 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 a-ny..othe.r_.:state.:.o.f_,.the United States of America;including but not limited to,any bid
or contract for goods or services"to�be`:prow ded't °a"ny'ftlzilic'entity or an agency or political subdivision of any other state of
the United States of America and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, .or material
misrepresentation.
I understand that"convicted"or"conviction" as defined in Paragraph 287.133(1) (b) Florida Statutes means a 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 agreement,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 any state or of the United States of America with the legal,power to enter into a binding contract
and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. The term"person"includes those officers,directors,executives,
partners,shareholders,employees,members and agents who are active in the management of an entity.
e I a e'Iiff, the statement as marked below and on the next page, is true in relation to the entity
bi�ni ti`f�g'thW sworif,;sfate;ment. (please indicate which statement applies by applying the individual initials in the
'blanl):
Neither the entity submitting this sworn statement nor any of its officers, directors, executives, partners, shareholders,
ployees,members or agents who are active in the management of the entity,nor an affiliate of the entity has been
harged with and convicted of a public entity crime within the past 36 months.
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".
SIGNATURES ON NEXT PAGE
ATTACHMENT D - State of Florida "Public Entity Crimes" Sworn Statement
SWORN STATEMENT PURSUANT TO
FLORIDA STATUTES §287.133 (3)(a) ON PUBLIC ENTITY CRIMES
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 CHAN E IN TH INFORMATION CONTAINED IN M.
�1 B`c ST:
(Signat d to
State of
tf-1 et0�-
INCORP ORATfac �an�d®,City Clerk
County of. &Hof i—acrd 4e,_
H 26
SUBSCRIBED AND SWORN TO (or affirmed)before me this(1;1—) day of( ),2014
He/She is personally known to me or has presented ( /` ) as identification.
Type of identification
• rT1 7 u
Signature of Notary Serial Number
L l X11AJ lJu1R �
y
Print or Stamp Name of Notary Expiration Date
Nary Public
State of 60r r 4N
.••o•°a °�e�;s LILLIAN BEAUCHA P
County of !A�"r f At-11 _ �06(elt� Notary Public-State of Florida
Notary Sea -
=,J;: :4; My Comm.Expires May .2018
Commission # FF 11 190
ATTACHMENT D - State of Florida "Public Entity Crimes" Sworn Statement
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 govermnent 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):
&ooa�a
Federal Employer Identification Number(If none, Social Security)
6�4 F
Name of Efitity,Individual(s),Partners,or Corporation
Doing Business As(if same as above,leave blank)
0 .
Street Address City State Zip Code
1. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT(Sec.2-8.1 of the County Code)
If he contract or business transaction is with a corporation,the full legal name and business address shall be provided for each.
o is r and director and each stockholder who holds directly or indirectly five percent(5%)or more of the corporation's stock.
If t e contract or business transaction is with a partnership,the foregoing information shall be provided for each partner. If the
contract or business transaction is with a trust,the full legal name and address shall be provided for each trustee and each
beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations or to contracts with the
United States or any department or agency thereof,the State or any political subdivision or agency thereof or any municipality
Of this State. All such names and addresses are(Post Office addresses are not acceptable):
Full Legal Name Address Ownership
%
The full legal names and business address of any other individual(other than subcontractors,material men,suppliers, laborers,
or lenders)who have,or will have,any interest(legal, equitable beneficial or otherwise) in the contract or business transaction
with Dade County are(Post Office addresses are not acceptable):
Any person who willfully fails to disclose the information required herein,or who knowingly discloses false information in this
regard, shall be punished by a fine of up to five hundred dollars($500.00)or imprisonment in the County jail for up to sixty
(60)days or both.
AT'T'ACHMENT E "Miami-Dade County Required Affidavits" Page 1 of 5
MIAMI-DARE COUNTY REQUIRED AFFIDAVITS
2. MIAMI-DARE 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(number of persons)of your firm's
work force and ownership as to race,national origin and gender:
White: 4gZ Males:32 Female: 03
Black: Males: �,, Female-�
Hispanic: q5 Males: / Female:]�W
Asian: Males: Female:
American Native: Males: Female:
Aleut(Eskimo): Males: Female:
3. AFFIRMATIVE ACTION/NONDISCRIMINATION OF EMPLOYMENT,PROMOTION AND
PR UREMENT PRACTICES(County Ordinance 98-30 codified at 2-8.1.5 of the County Code.)
In ac rdance 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 affinnati.ve 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 Finn does have annual revenues in excess of$5,000,000;however, its 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 Finm 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. 1 st 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 2 of 5
MIAMI7DADE COUNTY REQUIRED AFFIDAVITS
4.t* dividual MIAMI-DADE COUNTY CRIMINAL RECORD AFFIDAVIT(Section 2-8.6 of the County Code)
Th or entity entering into a contract or receiving funding from the County has<has not as of the date of
thivit been convicted of a felony during the past ten(10)years.
An officer,director,or executive of the entity entering into a contract or receiving funding from the County_(has/has not), as
of t e 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 .
c dified 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 irnposed 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 quirements of those governmental entities.
- . 6. MIAMI-DADE EMPLOYMENT FAMILY LEAVE AFFIDAVIT.(County Ordinance 142-91 codified as
c ion IIA-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-comp'liance 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
ture Florida or any political subdivision or agency thereof. It shall,however,pertain to municipalities of this State.
DISABILITY NON-DISCRIMINATION AFFIDAVIT(County Resolution R-385-95)
above named firm,corporation or organization is in compliance with and agrees to continue to comply with,and
at any subcontractor,or thi rd party contractor under this project complies with all applicable requirements of the laws ow 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 I1,Public Services;Title 1II,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.(j of the County Code)
Except for small purchase orders and sole source contracts,that above named firm, corporation, organization or individual
desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes -
- including but not limited to real and property taxes,utility taxes and occupational licenses-- which are collected in the normal
course by the Dade County Tax Collector as well as.Dade County issued parking tickets for vehicles registered in the name of
the m, corporation, organization or individual have been paid.
9. URRENT ON ALL COUNTY CONTRACTS,LOANS AND OTHER OBLIGATIONS(Ordinance 99-162)
The i i idual entity seeking to transact business with the County is current in all its obligations to the County and is not
otherwi in default of any contract,promissory note or other loan document with the County or any of its agencies or
in rumentalities.
1.0. DOMESTIC VIOLENCE LEAVE AND REPORTING AFFIDAVIT(Resolution 185_-00; 99-5 Codified At
IIA- Et.Seq. of the Miami-Dade County Code).
The fi esiring to do business with the County is in compliance with Domestic Leave Ordinance,Ordinance 99-5, codified
at I IA-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business
fifty(50)or more employees working in Miami-Dade County for each working day during each of twenty (20)or,more
calendar work weeks in the current or proceeding calendar years,to provide Domestic Violence Leave to its employees.
NEXT PAGE SIGNATURE PAGE
ATTACHMENT E "Miami-Dade County Required Affidavits" Page 4 of S
MIAMI-DADE COUNTY REQUIRED AFFIDAVITS
I have carefully read this entire five (5) page document,entitled, "Miami-Dade County Affidavits"
(Affidavits 1-10) and have indicated by X all affidavits that pertain to this contract and have indicated
by an"N/A" all affidavits that do not pertain to this contract and completed all required information.
BY SIGNING AND NOTARIZING THIS PAGE YOU ARE ATTESTING TO AFFIDAVITS ONE
(1) THROUGH ELEVEN (11)
MIAMI-DADE COUNTY A S SIGNATURE PAGE
By: 2 kq , 20�
Signat re of itnes or ecretary eal,INCCORP ORATED.. a
y 26 Sign re of A ant Fed
eral Employer Identifi cation cation Number
Q1. rn 0 e
Printed N
e of Affiant and Name of Agency
FWn (10A U/0 tA 0 YI kr vel
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
4g2nature of otary U Serial Numb&"�
est u c ", _ /41 a,Ll
Print or Stamp Name o otary F prao is Date;,
Notary Public— State of F6ar,
County of i,, _ �e
Notary Seal
a WAi .;h.Tfi 0A:
;,c, t ;:, ;s; ;►:+;+�+L E�:�:' °: .•`;�'"°�a ., LILLIAN BEAUCHAMP
: Notary Public-State of Florida
My Comm.Expires May 5,2018
, f Commission # FF 119190
ATTACHMENT E "Miami-Dade County Required Affidavits" Page 5 of 5
Miami-Dade County
Lobbyist Registration for Oral Presentation Affidavit-Form
1) Entity Name: 414 0 t I
2 Project Name: HD M 04 e_<�s oakea2k_
3) Address:
4104-011-
r 3,3
City, State:
(Zip Code)
Business Telephone: v
4) List all members of the Presentation Team,who are participating in the Oral Presentation: List by
name, title, representing entity and telephone number:
kJa f 01 -i�U. l';k -Ibi '
W PW
(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.
5do solemnly swear that all the foregoi g facts are true and correct and I
have read or am familiar with the provisions of Section ; e Code f.Miami-Dade County, as
amended ATTESTe �p.M ...
ig' e of authorized representative)
_Z
Rafacl`E.Granado,City (Title)
ST'A'TE of O r I 0— ��C......... ';`��
County of H 14R i D614C H 26
The foregoing instrument was acknowledged before me by r l O( (individual,officer,partner
or agent),a a (sole proprietor,c rporation or partnership),who is personally
known to me or who has produce IA_ as identified and who d/did not take an
oath.
Sig atur e of er on taking acknowledgement)
LILLIAN BEAUCHAMP / � u
Notary Public-State of Florida Name of Ackno ledger typed,print 9d or stamped
r i y ., My Comm.Expires May 5.2018 ub L / r—r— 9 9
Commission FF 119190
(Title of Rank) (Serial Number,if any)
wow
ATTACHMENT E "Miami-Dade County Lobbyist Registration form"
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LO U`CS / VRS
SNAPS
S �cial Needs Assistance Program
. e q* uest Voucher for Grant Payment
"
ATTACHMENT H "1L®CCS/VRS SNAPS Request Voucher for Grant Payment'
L.00CSNRS U.S. Department of Housing OMB Approval No. 2535-0102 (exp. 1/31/2004)
and Urban Development
SNAPS special Needs Assistance Program Office of Community Planning
Request Voucher for Grant Payment and Development
See Instructions and Public Reporting Burden Statement on back
1.Voucher Number 2.LOCCS Pgrm.Area 3.Period Covered by this Request(dates) 4.Type of Disbursement
SNAP H PAC Partial Final
IHP
5.Voice Response No.(5 digits,hyphen,5 more 6.Grantee Organization's Name
8.Grant No. 6a.Grantee Organization's TIN
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
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/or civil penalties.(18 U.S.C.1001,1010,1012;31 U.S.C.3729,3802)
11.Name&Phone Number(including area code)of the Authorized 12.Signature 13.Date of Request
Person who called SNAPS System VRS
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 for safeguarding LOCCS from unauthorized access. Failure to provide the information requested may delay the processing
of your approval for access to LOCCS. This information will not be otherwise disclosed or released outside of HUD,except as permitted or required by law.
Retain this form in your records for audit purposes page 1 of 2 form HUD-27053-A (2/95)
Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,
searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.This agency may
not collect this information,and you are not required to complete this form,unless it displays a currently valid OMB control number.
This information collection is to request payment of grant funds orto designate the appropriate officials who can have accessto HUD voice activated payment
system. The HUD voice activated payment system has been especially designed to help the recipient when calling in for a request of funds and improves
the payment process so the recipient will know right away whether their request will be paid or not. This information collection is required under 24 CFR
Subpart C,85.21 -Post Award Requirements,the information collection is needed in order to obtain or retain a benefit.
Instructions for the Request Voucher for Grant Payment for the Special Needs Assistance Program (SNAPs)
Item 1. Voucher-Number: The first 3 digits.are the prefix to your Item 6. Grantee Organization's Name: Enter the name of the
program. Enter"001" if grant funds are being requested organization requesting funds. It must be the same name
for a grant awarded under a SHDP or SHP (TH, PH, that appears on the Grant Agreement.
SAFAH and Renewal) grant. Enter "038" if funds are
Item 6a.Grantee Organization's Tax Identification No: Enter
being requested for a Housing Opportunity for Persons the tax (employer) Identification Number (TIN).
with AIDs (HOPWA) competitive grant. Enter "054" if
funds are being requested for an Innovative Housing Item 7. Not applicable.
Program (IHP) grant. (If you do not know your 3-digit Item 8. Grant Number:Enter the project number that appears on
program prefix, contact your local Field Office.) The the Grant Agreement.
remaining 6 digits will be assigned by LOCCS/VRS during
the telephone call. The entire 9-digit number will have to Item 9. Type of Funds Requested: SNAPs grant VRS draw- .
be entered prior to ending the call. downs are directed against specific funding categories
Item 2. LOCCS Program Area: Circle "SNAP" (001)for SHDP called Budget Line Item (BLIs). LOCCS associates a 4-
and SHP grant requests, "HPAC" (038) for HOPWA digit number with each line item. Enter the amount
competitive grant requests, and "W" (054) for Innova- requested in each category(lines 1010 through 1120)and
the total funds requested under item 10, Voucher Total.
tive Homeless Programs.
Item 3. Enter the period covered by this request. Item 11.Name & phone number (including area code) of the
authorized person who completed the call-in to VRS. The
Item 4. 'Type of Disbursement: Check "partial" until the final authorized person is shown on line 3 of form HUD-27054.
request for grant funds is made. Item 12.Signature of the person identified in item 11.
Item 5. Voice Response No: Enter the 10 digit Voice Response Item 13.Date of this Request: Enter the date of the call-in to
System (VRS) project number which was sent to you by request funds.
mail. Your regular HUD project number will be repeated
back for verification after the VRS project number is
entered.
Retain this form in your records for audit purposes page 2 of 2 form HUD-27053-A (2/95)
Miami-Dade County Homeless Trust
CoC Homeless Program
°Invoice and Match
Compliance Report"
ATTACHMENT I "Invoice and Match Compliance Report
Agency Letterhead
Includes billing address
Date
Miami-Dade County Homeless Trust
Suite 310, 27"' Floor
111 NW First Street
Miami, Florida 33128
Subject: CoC Homeless Assistance Program-
Grant#FLOOOOL4D001205,Program Name
Name of Agency is respectfully submitting for your review the enclosed reimbursement package
for the above subject program.
The Reimbursement package includes the following:
O This cover letter
O Invoice and Match Compliance Report
O HUD form 27053-A SNAPS Request Voucher for Grant Payment
O Supporting documents organized in a logical breakdown of budget including invoices,
cancelled checks, payroll records,time and effort logs, receipts and documented proof of
match compliance(including any applicable MOUs)
O Per
Repo;-t—0625 HUD CoC Monthly I1P�1IS generated Report
O Attachment J"Occupancy Fee/Residential Rent/Program Income" if applicable
The amount requested is$0.00 for the month of Month,2014.
The value of the match demonstrated is $0.00
On behalf of our homeless community members who benefit from this program,we thank you for
your time and assistance. Please call (305)000-000 extension 0 or email us at
xyz@em ail.address with any concerns or comments on this reimbursement package.
Sincerely,
Name
Title
Enclosures
Attachment"Invoice and Match Compliance" Page 1
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Miami-Dade County Invoice and Match Compliance Report '
Agency Name:
Program Name: MIAMI{-DE
Grant# F1,00001,4D001306 -
Month of Service:mm/yyyy Duration:01/01/2014-12/31/2015
ACTUAL MONTHLY INVOICE MATCH APPROX MONTHLY TOTAL YEAR GRANT
PROGRAM EXPENSE ALLOCATION AMOUNT
LEASING
Leasing Units $ $ "
Leasing Structures - - -
Leasing Units - -
Subtotal $ - $ - $
TOTAL LEASING $ - $ $ -
RENTAL ASSISTANCE
Rental Assistance Units $ $ -
PH Tenant-Based RA
PH Project-Based RA
PH Sponsor-.Based RA - - -
TH Tenant-Based RA
TH Project-Based RA
TH Sponsor-Based RA - -
Subtotal - $ - $ - $ "
TOTAL RENTAL ASSISTANCE $ - $ $
SUPPORTIVE SERVICES
1.Annual Assessment % $ $ -
staff salary %
Taxes&Fringe - - -
Subtotal $ - $ - $ -
2.Assistance Moving Costs $ $ "
Supplies to transition - -
moving expenses - -
Subtotal $
3.Case Management $ $ -
staff salary % - -
Taxes&Fringe - - -
Obtaining benefits
Subtotal $ - $ - $ -
4.Child care $ - $
Childcare vouchers $ - $ - $ -
Meals and Snacks in childcare $ - $ - $ -
Subtotal $ - $ - $ "
5.Education Services $ $
staff salary % - - -
Taxes&Fringe - - -
education supplies - - -
Subtotal $ - $ - $ -
Attachment I "Invoice and Match Compliance Report"
Miami-Dade County Invoice and Match Compliance Report
6.Employment/Training
staff salary % - - -
taxes&fringe - -
Computer training
Eligible job Stipends - - -
Subtotal $ - $ - $ -
7.Food $
Providing meals
Groceries
Subtotal $ $ _ $ _
B.Housing search
staff salary % - - -
Taxes&Fringe
Landlord mediation
Rental application fee
Credit counseling
Subtotal $ = $ _ $ _
9.Legal services $
staff salary % - - -
Taxes.&Fringe
Subtotal $ - $ - $
10.Life Skills Training $
staff salary % $ - $ - $ -
Taxes&Fringe $ - $ - $ _
Subtotal $ - $ - $ _
11.Mental health services $
staff salary % - - -
Taxes&Fringe
Subtotal $ - $ - $
12.Outpatient health $
staff salary %
Taxes&Fringe
Subtotal $ - $ - $
13.Outreach Services
staff salary % - - -
Taxes&Fringe
Subtotal $ - $ - $ _
Attachment I "Invoice and Match Compliance Report"
Miami-Dade County Invoice and Match Compliance Report
14.Substance Abuse - $
staff salary %
Taxes.&Fringe - -
supplies
Subtotal
15.Transportation $ $
Van/gas/maintenance - -
Bus Tokens "
Subtotal $ - $ $
16.Utility deposits $ $
one-time fee -
Subtotal $ - $ $
17.Direct provisions of $ $
SSO only "
Subtotal $ - $ $ "
TOTAL SUPPORTIVE SERVICES $ - $ $ "
OPERATIONS
1.Maintenance&Repair - $
staff salary % - -
Taxes&Fringe - -
supplies "
Subtotal $ -
2.Property taxes,insurance $ $
tax -
insurance
Subtotal
3.Reserve Replacement
major systems reserve $
4.Building security $ - $
staff salary % $ - $ $ "
Taxes&Fringe $ $ $ -
subcontracted security $ - $ $ "
Subtotal $ -
5.Electricity,gas and water $ $
utilities -
Subtotal
6.Furniture $ $
furniture "
Subtotal $
7.Equipment $
operational equipment
Subtotal $ - $ $
TOITAL OPERATION $ - $ $ -
Attachment I "Invoice and Match Compliance Report"
Miami-Dade County Invoice and Match Compliance Report
PROJECT ADMINISTRATION
Project Administration /o Allocation $
staff salary % $ _ $ _ $ _
staff salary % $ - $ - $ -
staff salary % $ - $ - $ -
staff salary % $ - $ _ $ _
staff salary % $ _ $ _ $ _
Taxes&Fringe $ - $ _ $ _
Travel to monitor $ _ $ _ $ _
3rd Party Administration $ - $ _ $ _
Audit $ _ $ _ $ _
Administrative office space $ -. $ - $ _
CoC Training $ _ $ _ $ _
TOTAL ADMINISTRATEON $ - $ _ $ _
ACTUAL MONTHLY INVOICE MATCH APPROX MONTHLY TOTAL YEAR GRANT
PROGRAM EXPENSE ALLOCATION AMOUNT
TOTAL $ $ - s _ $
C T_netreby certify that alit the in-formation stated herein,as well as any information provided with.this invoice-end report is
true and accurate. prepared by:
Attachment I "Invoice and Match Compliance Report"
MEMORANDUM OF UNDERSTANDING
THIRD PARTY MATCH
Date:
I) , representing,
(Name of Third Party Agency Representative) (Name of Third Party'Agency)
Certify that the above entity has made an unconditional commitment to provide the services
specified below to
(Name of Sub-recipient Agency)
Specific Service(s) to be provided: Please describe service(s), number of hours/days, location of
where service(s)will be provided, etc.):
Profession of the Staff providing service(s):
Hourly cost of service(s)to be provided:
The total value of this commitment is: $
Signature Title
Contact Info:
Address:
Phone: email:
Attachment I "Invoice and Match Compliance Report- MOU" Page 1
Calculatin g Occupancy Charges and Rent .
: 24 CFR §578.77
ATTACHMENT J "Program Income, Rent or Occupancy Charges
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EMPLOYEE CERTIFICATION FOR GOVERNMENT ENTITIES ONLY
Bi-Annual Employee Certification farm
*This form to be submitted to Miami-Dade County Homeless Trust
every six (6) months.
Agency
Grant Number
Program lame
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 Si nature Date
By signing, I hereby certify that I have worked 100% of the time on the referenced CoC
Homeless Assistance Program during the period specified above.
Supervisor Certification:
Name Title Signature Date
I hereby certify as the supervisor of the above named employee (s)that he/she /they have
worked solely on the referenced CoC project during the period specified above
ATTACHMENT K"Employee Certification for Governmental Entities Only" form
Continuum of Care Homeless Assistance Program
Performance Report Master Document
(Please check the box to indicate either monthly or annual report submitted)
ED 0625 — HUD CoC Monthly Performance Report
C 0625 — HUD CoC Annual Performance Report
(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.)
ATTACHMENT L"Performance Reports (Monthly and Annual) HMIS &Fiscal
HUD-ANNUAL PERFORMANCE REPORT(APR)
CONTINUUM OF CARE.FOR THE HOMELESS
This is a designed to assist grantees required to complete CoC APR. It is a motel of the data collected in
e-sna€2s. It is not intended to replace electronic data collection in e-snc;ps. Field layout in e-snaps may
differ slightly frorn the layout presented below. updated 04-02-201 4
Q1.Contact Information
Project Name Complete
Recipient Complete
Grant Number Complete
Prefix Complete
First Name Complete
Middle Name Complete
Last Name Complete
Suffix Complete
Title Complete
Street Address 1 Complete
Street Address 2 Complete
City" Complete
State Complete
Zip Code Complete
E-mail address Complete
Confirm E-mail Address Complete
Phone Number Complete
Extension Complete
Fax Number Complete
Q3. Project Information--Content depends on"Type of Grant"selection
Program Type Complete
-Component Type Complete
Identify if this project is operated by a victim service Complete
provider as defined by the Violence Against Women
and Department of Justice Re-authorization Act of
2005(VAWA)
Was this project funded under a special initiative Complete
Target Subpopulation Complete
CoC Number and Name Complete
Amount of Contract or Award Complete
CoC Number and Name
Grant Operating Year Covered by this APR Complete
Is this an APR for a grant that received a HUD- Complete
approved grant extension?
Is this a final APR? Complete
Is this a corrected APR? Complete
Is this APR fulfilling the reporting obligation associated Complete
with a use requirement?
In what year does the 20-year use requirement end? Complete
Have you completed your final draw in LOCCS? Complete
Have you renewed this project? Complete
Q4. Site Information
Street/PO Box Complete
City Complete
State Complete
Zip Code Complete
Identify the program site configuration type Complete
Identify the site type for the principal service site Complete
Identify.the housing type for the principal service site Complete
Explain any changes made in this section from the information provided in the original application.
Maximum Characters:2000
Q5. Bed and Unit Inventory
Proposed Bed and Unit Inventory
Total Number of Year Round Beds/Units from Application
Beds CH Beds(PH Only) Units
Households Without Children
Households With Children
Households With Only'Children
Total e-snaps calculates, a-snaps calculates a-snaps calculates
Actual Bed and Unit Inventory.
Total Current Number of Year Round Beds/Units
Beds CH Beds(PH Only) Units
Households Without Children
Households With Children
Households With Only Children
Total e-snaps calculates e-snaps a-snaps calculates
Explanation of Changes
Explain any difference in the actual inventory from the information provided in the application.
Maximum Characters:2000
Q6. HMIS Bed Participation
2
HMIS Bed Participation
The total number of year-round beds in HMIS for households without children.
The total number of year-round beds in HMIS for households with children
The total number of year-round beds in HMIS for households with only children
HMIS bed coverage rate for year-round beds for households without children %
HMIS bed coverage rate for year-round beds for households with children % _
HMIS bed coverage rate for year-round beds for households with only children %
Total HMIS bed coverage rate for all year-round beds %
Q7. Data Quality
Total number of Clients Complete
Total number of Adults Complete
Total number of Unaccompanied Children Complete
Total number of Leavers I Complete
HMIS or Comparable Database Data Quality
Data Element Don't Know or Refused Missing Data
First Name
Last Name
SSN
Date of Birth
Race
Ethnicity
Gender
Veteran Status
Disabling Condition
Residence Prior to Entry
Zip of Last Permanent Address
Housing Status(at entry),
Income-(at entry)
Income(at exit)
Non-Cash Benefits(at entry)
Non-Cash Benefits(at exit)
Physical Disability(at entry)
Developmental Disability(at entry)
Chronic Health Condition(at entry)
HIV/AIDS(at entry)
Mental Health(at entry)
Substance Abuse(at entry)
Domestic Violence(at entry)
Destination
3
Q8. Persons Served
Number of Persons in Household Served During the Operating Year
Total Without With Children With Only Unknown
Children and Adults Children Household Type
� f�f i `
Adults e-snaps °=�tiaa'.._7
calculates wr....,
e-snaps
Children
calculates
Don't Know/Refused a-snaps
calculates
Information Missing a-snaps
calculates
Total a-snaps a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
calculates
Average Number of Persons Served Each Night
Total Without With Children . With Only Unknown
Children and Adults Children Household Type
Average Number of Persons a-snaps
calculates
Point-in-Time of Persons Served on the Last Wednesday in
Total Wthout With Children With Only Unknown
:Chi
ildren and Adults Children Household Type
January a-snaps
calculates
April a-snaps
calculates
July a-snaps
calculates
October a-snaps
calculates
Q9. Households Served
Number of Households Served During the Operating Year
Total Without With Children With Only Unknown
Children and Adults Children Household Type
Households a-snaps
calculates
Point-in-Time Count of Household Served on the Last Wednesday in
Total Without With Children With Only Unknown
Children and Adults Children Household Type
January e-snaps'
calculates
April a-snaps
calculates
July a-snaps
calculates
October e-snaps
calculates
4
Q10. and Q11. Utilization Rates
Bed Utilization Rate
Average daily utilization rate during the operating year e-snaps calculates
Point-in-Time bed utilization rate on the last Wednesday in:
January e-snaps calculates
April e-snaps calculates
July a-snaps calculates
October e-snaps calculates
Unit Utilization Rate
Point-in-Time unit utilization rate on the last Wednesday in:
January a-snaps calculates
April e-snaps calculates
July a-snaps calculates
October e-snaps calculates
Q12. Outreach Contacts and Engagements
Number of Persons Contacted During the Operating Year
All Persons First contact was at a First contact was at First Contact First contact
Contacted place not meant for a non-housing was at a housing place was
human habitation service site location missing
Once a-snaps
calculates
2-5 Times e-snaps.,
calculates'
6-9 Times a-snaps
calculates
10+Times a-snaps
calculates
Total a-snaps a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Persons calculates
Contacted
Number of Persons Engaged by Number of.Contacts During the Operating Year
All Persons First contact was at a First contact was at First Contact was First contact
Contacted place not meant for a non-housing at a housing place was
human habitation service site location missing
1 Contact a-snaps
calculates
2-5 Contacts a-snaps
calculates
6-9 Contacts a-snaps
calculates
10+Contacts a-snaps
calculates
Total a-snaps a-snaps calculates a-snaps calculates a-snaps calculates a-snaps
Persons calculates calculates
Engaged
Rate of Engagement a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
5
Q15a1.Gender-Adults
Gender of Adults
Number of Adults in Households
Total Without With Children Unknown Household
Children and Adults Type
Male a-snaps calculates
Female e-snaps calculates
Transgender. a-snaps calculates
Other e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e-snaps calculates
Subtotal a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates.
Q15a2.Gender-Children
Gender of Children
Number of Children in Households
Total With Children With Onty Unknown Household
and Adults Children Type
Male a-snaps calculates
Female a-snaps calculates.
Transgender a-snaps calculates
Other e.-snaps calculates
Don't Know/Refused a-snaps calculates
Information Missing a-snaps calculates -
Informal a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Q15a3.Gender—Iissing Age
Gender of Persons Missing Age Information
Number of Persons in Households
Total Without Children With Children With Only Unknown
and Adults Children Household
Type
Male a-snaps calculates
Female e-snaps calculates
Transgender a-snaps calculates
Other e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing a-snaps calculates
Subtotal a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
6
Q16.Age
Age
Number of Persons in Household
Total Without With Children With Only Unknown
Children and Adults children Household Type
Under 5 e-snaps calculates
5-12 e-snaps calculates
13-17 e-snaps calculates
18-24 e-snaps calculates
25-34 e-snaps calculates _
35-44 e-snaps calculates
45-54 e-snaps calculates
55-61 a-snaps calculates
62+ e=snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e-snaps calcu►ates
Total a-snaps calculates a-snaps calculates a-snaps calculates --re- calculates a-snaps calculates
Q17a. Ethnicity/Race- Ethnicity
Ethnicity
Number of Persons in Households
Total Without With Children With Only Unknown
Children and Adults Children Household Type
Non-Hispanic/Non-Latino a-snaps
calculates
Hispanic/Latino a-snaps
calculates
Don't Know/Refused a-snaps
calculates
Information Missing a-snaps
calculates
Total a-snaps a-snaps a-snaps calculates a-snaps a-snaps calculates
calculates calculates calculates
Q17b. Ethnicity/Race- Race
Race
Number of Persons in Households
Total Without With Children With Only Unknown
Children and Adults Children Household
Type
White e-snaps calculates
Black or African-American e-snaps calculates
Asian e-snaps calculates
American Indian or Alaska Native a-snaps calculates
Native Hawaiian or Other Pacific a-snaps calculates
Islander
Multiple Races . e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e-snaps calculates
Total a-snaps calculates a-snaps a-snaps calculates a-snaps a-snaps
calculates calculates calculates
7
Q18a. Physical and Mental Health Conditions at Entry
Known Physical and Mental Health Conditions at Entry
Number of Persons in Households
Total Persons Without C With Childre With Only Unknown
hildren n Children Household
and Adults Type
Mental Illness a-snaps calculates
Alcohol Abuse e-snaps calculates
Drug Abuse a-snaps calculates
Chronic Health Condition e-snaps calculates
HIV/AIDS and Related Diseases a-snaps calculates
Developmental Disability e-snaps calculates
Physical Disability a-snaps calculates
Q18b. Number of Physical and Mental Health Known Conditions at Entry
Number of Known Conditions
Number of Persons in Households
Total Persons Without Child With Children With Only Unknown
ren and Adults Children Household
Type
None a-snaps calculates
1 Condition 6-snaps calculates
2 Conditions a-snaps calculates
3+Conditions a-snaps calculates
Condition Unknown a-snaps calculates
Don't Know/Refused a-snaps calculates
Information Missing a-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Q19. Domestic Violence Experience
19a. Past Domestic Violence Experience
Number of Adults and Unaccompanied Children in Households
Total Without With Children With Only Unknown
Children and Adults Children Household Type
Yes e-snaps calculates
NO a-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing -e-snaps calculates
Total a-snaps calculates a-snaps calculates, a-snaps calculates a-snaps calculates a-snaps calculates
19b.When Past Domestic Violence Experience Occurred
Number of Adults and Unaccompanied Children in Households
Total Without With Children With Only Unknown
Children and Adults Children Household Type
Within the past 3 Months a-snaps calculates
3 to 6 Months Ago a-snaps calculates
6 to 12-Months Ago e-snaps calculates
More Than a Year Ago e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing a-snaps calculates
8
Q20a1. Residence Prior to Program Entry—Homeless Situations
Residence Prior to Program Entry—Homeless Situations
Number of Adults and Unaccompanied Children in Households
Total Without Children With Children With Only Unknown
and Adults Children Household Type
Emergency shelter e-snaps calculates
Transitional housing e-snaps calculates
for homeless persons
Place not meant for e-snaps calculates
human habitation
Safe Haven a-snaps calculates
Subtotal a-snaps calculates a-snaps calculates a-snaps calculates a-snaps a-snaps calculates
calculates
Q20a2. Residence Prior to Program Entry—Institutional Settings
Residence Prior to Program Entry—Institutional Settings
Number of Adults and Unaccompanied Children in Households
Total Without With Children With Only Unknown
Children and Adults Children Household Type
Psychiatric facility a=snaps calculates
Substance abuse or detox a-snaps calculates
center
Hospital (non-psychiatric) a-snaps calculates
Jail,prison,or juvenile a-snaps calculates
detention -
Foster care home or foster a-snaps calculates
care group home
Subtotal e-snaps calculates a-snaps a-snaps calculates a-snaps a-snaps calculates .
calculates calculates
Q2 W. Residence Prior to Program Entry—Other Locations
Residence Prior to Program Entry—Other Locations
Number of Adults and Unaccompanied Children in Households
Total Without With With Only Unknown
Children Children and Children Household
Adults Type
PSH for homeless persons a-snaps calculates
Owned by client, no subsidy a-snaps calculates
Owned by client,with subsidy a-snaps calculates
Rental by client, no subsidy a-snaps calculates
Rental by client,with VASH subsidy a-snaps calculates
Rental by client with other subsidy e-snaps calculates
Hotel/Motel, paid by client a-snaps calculates
Staying or living with family a-snaps calculates
Staying or living with friend(s) a-snaps calculates
Other e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing a-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
Total—20a1,20a2 and 20a3 a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
9
- Q21.Veterans Status
Veteran Status
Number of Adults in Household
Total Without With Children Unknown
Children and Adults Household Type
Veteran e-snaps calculates
Not a Veteran a-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e.-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates_ e-snaps..calculates...
Q22a1. Physical and Mental Health Types of Conditions—Leavers
Known Physical and Mental Health Conditions
Number of Leavers
All Persons Adults Children Age Unknown
Mental Illness a-snaps calculates
Alcohol Abuse a-snaps calculates
Drug Abuse a-snaps calculates
Chronic Health Condition e-snaps calculates
HIV/AIDS and Related Diseases a-snaps calculates
Developmental Disability a-snaps calculates
Physical Disability a-snaps calculates
Q22a2. Physical and Mental Health Number of Conditions—Leavers
Number of Known Conditions
Number of Leavers
All Persons Adults Children Age Unknown
FNAo ne a-snaps calculates
COndltlOn a-snaps calculates
2 Conditions a-snaps calculates
3+Conditions a-snaps calculates
Condition Unl<nown a-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing a-snaps calculates
Total a-snaps calculates e-snaps.calculates a-snaps calculates a-snaps calculates .
10
Q22b1. Physical and Mental Health Types of Conditions—Stayers
Known Physical and Mental Health Conditions
Number of Stayers
All Persons Adults Children Age Unknown
Mental Illness a-snaps calculates
Alcohol Abuse a-snaps calculates
Drug Abuse a-snaps calculates
Chronic Health Condition e-snaps calculates
HIV/AIDS and Related Diseases a-snaps calculates
Developmental Disability e-snaps calculates
Physical Disability e-snaps calculates
Q22b2. Known Physical and Mental Health Number of Conditions-Stayers
Number of Known Conditions
Number of Stayers
All Persons Adults Children Age Unknown
None a-snaps calculates:
1 Condition a-snaps calculates
2 Conditions a-snaps calculates
3+Conditions a-snaps calculates
Disabled—Unknown a-snaps calculates
Don't.Know/Refused e-snaps calculates
Information Missing a-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Q23.Client Cash Income Range—Income Amount
Number of Adult
Number of Adults
t
Income a
Income Latest Feat Income at Exit
at Entry Up for Stayers for Leavers
No Income
$1-$150
$151-$250
$251-$500
$501-$1,000
$1,001-$1,500
$1,501-$2,000
$2,001+
Don't Know/Refused
Information Missing
e-snaps a-snaps calculates a-snaps calculates
Total Adults calculates
11
Q24a. Client Cash Income Category—Income Category by Entry and Follow-up/Exit Status
Number of
Number of Adults at Number of
Adults at Follow-up Adults at Exit
24.a Number of Adults By Income.Category Entry (Stayers) (Leavers) -
Adults with Only Earned income
Adults with Only Other Income
Adults with Both Earned Income and Other Income
Adults with No Income
Adults with Don't Know/Refused Income Information
Adults with Missing Income Information
e-snaps a-snaps a-snaps
Total Adults calculates calculates calculates
Adults with Income Information at Entry and Follow-up/Exit
Q24b.1 Client Cash Income Change—Income Source—by Entry and Latest Status
Adult Stayers with Income Information at Entry and Follow-up
Did Not
Have the
Income
Had Category
Income at Entry Performance
Category Retained Retained and Did Not Measures:
at Entry Income Income Retained Gained Have the Total Adults who
and Did Category Category Income the Income Adults gained or
Not But Had and Same Category Income Category includ- increased
Have It Less$at $at and Category at Entry ing income from
at Follow-up Follow-up Increased at or at those entry to
Income Change by Follow- Than at as at $at Follow- Follow- with no follow-up,
Income Category up Entry Entry Follow-up up up income Average Gain
Number of Adults a-snaps
calculates
with Earned Income
Average change in
Earned Income
Number of Adults a-snaps
calculates a-snaps
with Other Income calculates
Average change in $ $ $ $
Other Income
Number of Adults a-snaps
Any Income calculates
Average Change in $ $ $ $
Overall Income
12
Q24b.2 Client Cash Income Change—Income Source—by Entry and Exit
Adult Leavers with Income Information at Entry and Exit
Did not
have the
income
category Performance
Had Retained Retained at entry Total Measures:
income income income Retained and Did not Adults Adults who
category category category income gained have the includ- gained or
at entry but had and same category the income ing increased
and did less$at $at exit and income category those income from
Income Change by not have exit than as at increased category at entry with no entry to exit,
Income Category it at exit at entry entry $at exit at exit or exit income Average Gain
Number of Adults a-snaps
with Earned Income calculates
Average change in $ $ $ $
Earned Income
Number of Adults a-snaps
with Other Income calculates a-snaps
Average change in $ $ $ $ calculates
Other Income
Number of Adults a-snaps
Any Income calculates
Average Change in
Overall Income $ $ $ $
Q24b.3 Client Cash Income Change—Income Source—by Entry and Latest Status/Exit
Adult Stayers with Income Information at Entry and either Follow-up or Exit
Did not
have the
income
category Performance
Had Retained Retained at entry Measures:
income income income Retained and Did not Adults who
category category category income gained have the Total gained or
at entry but had and same category the income Adults increased
and did less$at $at and income category includ- income from
not have follow- follow- increased category at entry ing entry to
it at up/exit up/exit $at at or those follow-
Income Change by follow- than at as at follow- follow- follow- with no up/exit,
Income Category up/exit entry entry up/exit up/exit up/exit income Average Gain
Number of Adults a-snaps
with Earned Income calculates
Average change in $ $ $ $
Earned Income
Number of Adults a-snaps
with Other Income calculates a-snaps
Average change in $ $ $ calculates$
Other Income
Number of Adults a-snaps
Any Income calculates
Average Change in $ $ $ $
Overall Income
13
Q25a1.Cash Income Sources—Leavers
Type of Cash-Income Sources
Number of Leavers
Total Adults Children Age Unknown
Earned Income a-snaps calculates
Unemployment Insurance - e-snaps calculates
SSI a-snaps calculates
SSDI a=snaps calculates
Veteran's Disability e-snaps calculates
Private Disability Insurance a-snaps calculates
Worker's Compensation a-snaps calculates
TANF or Equivalent a-snaps calculates
General Assistance a-snaps calculates
Retirement(Social Security) a-snaps calculates
Veteran's Pension e-snaps calculates
a-snaps calculates
Pension from Former Job
a-snaps calculates
Child Support
Alimony(Spousal Support) a-snaps calculates
Other Source a-snaps calculates
Q25a2.Cash Income Number of Sources—Leavers
Number of Cash-Income Sources
Number of Leavers
Total Adults Children Age Unknown
No Sources a-snaps calculates
1+Source(s) a-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e-snaps calculates
Total a-snaps calculates a-snaps calculates e-snaps.calculates a-snaps calculates
Q25b1. Cash Income Sources—Stayers
Type of Cash-income Sources
Number of Stayers
Total Adults Children Age Unknown
Earned Income a-snaps calculates _
Unemployment Insurance a-snaps calculates
SSI a-snaps calculates
SSDI e-snaps calculates
Veteran's Disability e-snaps calculates
Private Disability Insurance a-snaps calculates
Worker's Compensation a-snaps calculates
TANF or Equivalent a-snaps calculates
General Assistance a-snaps calculates
Retirement(Social Security) a-snaps calculates
Veteran's Pension e-snaps calculates
Pension from Former Job a-snaps calculates
Child Support a-snaps calculates
Alimony(Spousal Support) a-snaps calculates
Other Source a-snaps calculates
14
Q25b2. Cash Income Number of Sources—Stayers
Number of Cash-Income Sources
Number of Stayers
Total Adults Children Age Unknown
No Sources a-snaps calculates
1+Source(s) a-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing a-snaps calculates
FTotal a-snaps calculates a-snaps calculates- e-snaps calculates a-snaps calculates
Q26a1.Non-Cash Benefit Sources-Leavers
Non-Cash Benefits
Number of Leavers
Total Adults Children Age Unknown
Supplemental Nutritional Assistance Program e-snaps calculates
MEDICAID Health Insurance a-snaps calculates
MEDICARE Health Insurance a-snaps calculates
State Children's Health Insurance a-snaps calculates
WIC a-snaps calculates
VA Medical Services e-snaps,calculates
TANF Child Care.Services e-snaps calculates
TANF Transportation Services e-snaps-calculates
Other TANF-Funded Services a-snaps calculates
Temporary Rental Assistance a-snaps calculates
Section 8, Public Housing,Rental Assistance a-snaps calculates
Other Source a-snaps calculates
Q26a2. Number of Non-Cash Benefit Sources—Leavers
Number of Non-Cash Benefit Sources
Number of Leavers
Total Adults Children Age Unknown
No Sources e-snaps calculates
1+Source(s) a-snaps calculates
Don't Know/Refused a-snaps calculates
Information Missing e-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
15
Q26b1. Non-Cash Benefit Sources—Stayers
Non-Cash Benefits
Number of Stayers
Total Adults Children Age Unknown
Supplemental Nutritional Assistance Program e-snaps calculates
MEDICAID Health Insurance a-snaps calculates
MEDICARE Health Insurance a-snaps calculates
State Children's Health Insurance a-snaps calculates
WIC e-snaps calculates
VA Medical Services a-snaps calculates
TANF Child Care Services e-snaps calculates
TAN Transportation Services e-snaps calculates
Other TANF-Funded Services a-snaps calculates
Temporary Rental Assistance a-snaps calculates
Section 8,Public Housing, Rental Assistance a-snaps calculates
Other Source a-snaps calculates
Q26b2. Number of Non-Cash Benefit Sources—Stayers
Number of Non-Cash Benefit Sources
Number of Stayers
Total Adults Children Age Unknown
No Sources a-snaps calculates
1+Source(s) a-snaps calculates
Don't Know/Refused I e-snaps calculates
Information Missing e-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates e-snaps.calculates
Q27. Length of Participation
Length of Participation-by Exit Status
Number of Persons
Total Leavers Stayers
30 days or less a-snaps calculates.
31 to 60 days a-snaps calculates
61 to 180 days a-snaps calculates
181 to 365 days - e-snaps calculates
366 to 730 days(1-2 Yrs)* a-snaps calculates
731 to 1,095 days(2-3 Yrs) a-snaps calculates
1,096 to 1,460 days(3-4 Yrs) a-snaps calculates
1,461 to 1,825 days(4-5 Yrs) a-snaps calculates
More than 1,825 days(>5 Yrs) a-snaps calculates
Information Missing a-snaps calculates
Total a-snaps calculates a-snaps calculates a-snaps calculates
Average and Median Length of Participation in Days
Average Length Median Length
Leavers
Stayers
16
Q29a1. Destination at Program Exit_-Leavers Participating More Than 90 Days
Exit Destination.—Persons Participating More Than 90 Days
Number of Leavers in Households
Permanent Destinations
Total Without With With Only Unknown
Children Children Children Household
and Adults Type
Owned by client, no ongoing subsidy e-snaps calculates
Owned by client, with ongoing subsidy e-snaps calculates
Rental by client, no ongoing subsidy e-snaps calculates
Rental by client,VASH subsidy e-snaps calculates
Rental by client, other ongoing subsidy e-snaps calculates
PSH for homeless persons e-snaps calculates
Living with family,permanent tenure a-snaps calculates
Living with friends, permanent tenure a-snaps calculates
Subtotal a-snaps calculates a-snaps e-snaps'. . a-snaps a-snaps
calculates calculates7 calculates calculates
Temporary Destinations
Emergency shelter e-snaps calculates
Transitional housing for homeless e-snaps calculates.
persons
Staying with family,temporary tenure e-snaps calculates
Staying with friends,temporary tenure a-snaps calculates
_ Place not meant for.human habitation. e-snaps.calculates
Safe Haven a-snaps calculates
Hotel or motel,paid by client e-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps e-snaps
calculates calculates calculates calculates
Institutional Settings
Foster care home or group foster care a-snaps calculates'
home
Psychiatric facility e-snaps calculates
Substance abuse or detox facility a-snaps calculates
Hospital(non-psychiatric) a-snaps calculates
Jail, prison,or juvenile detention facility e-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
Other Destinations
Deceased a-snaps calculates
Other e-snaps calculates
Don't.Know/Refused e-snaps calculates
Information Missing e-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
Total e-snaps calculates a-snaps a-snaps - e-snaps a-snaps
calculates calculates calculates calculates
17 '
Q29a2. Des_tination at Program Exit—Leavers Participating 90 Days or Less
Exit Destination—Persons Participating 90 Days or Less
Number of Leavers in Households
Permanent Destinations
Total Without With With Only Unknown
Children Children Children Household
and Adults Type
Owned by client, no ongoing subsidy e-snaps calculates
Owned by client,with ongoing subsidy e-snaps calculates
Rental by client, no ongoing subsidy e-snaps calculates
Rental by client,VASH subsidy a-snaps calculates
Rental by client,other ongoing subsidy e-snaps calculates
PSH'for homeless persons a-snaps calculates
Living with family,permanent tenure e-snaps calculates
Living with friends., permanent tenure a-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
Temporary Destinations
Emergency shelter e-snaps calculates .
Transitional housing for homeless a-snaps calculates-
persons
Staying with family,temporary tenure a-snaps calculates
Staying with friends,temporary tenure e-snaps calculates
Place not meant for human habitation a-snaps calculates
Safe Haven a-snaps calculates
Hotel or motel, paid by client a-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates. calculates
Institutional Settings
Foster care home or group foster care a-snaps calculates'
home
.Psychiatric facility e-snaps calculates
Substance abuse or detox facility e-snaps calculates'
Hospital(non-psychiatric) a-snaps calculates-
jail, prison,orjuvenile detention facility e-snaps calculates
Subtotal a-snaps calculates a-snaps �, e-snaps.- a-sna ps a-snaps
calculates culates calculates calculates
Other Destinations
Deceased a-snaps calculates
Other e-snaps calculates
Don't Know/Refused e-snaps calculates
Information Missing e-snaps calculates
Subtotal a-snaps calculates a-snaps a-snaps a-snaps I e-snaps
` calculates calculates calculates calculates
Total a-snaps calculates a-snaps a-snaps a-snaps a-snaps
calculates calculates calculates calculates
18
i
Q30a1.SHP Expenditures—Development Costs
SHP and Cash Match Expenditures During the Operating Year—Development Costs
Expenditure Type SHP Funds Cash Match Match% Total Expenditures
Acquisition a-snaps calculates a-snaps calculates
Rehabilitation a-snaps calculates a-snaps calculates
New Construction a-snaps calculates a-snaps calculates
Development—Subtotal a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Q30a2.SHP Expenditures—Supportive Services
SHP and Cash Match Expenditures During the Operating Year—Supportive Services
Expenditure Type SHP Funds Cash Match Match% Total Expenditures
Outreach n'A , ; .
a t c i tr
Case management _
..�.r�. ;.i } 74_ 6' !- 'r•- S- - � e r -is it � C�
iJ.:. --'_'::i>"_'k: :.F-2:.: :.^,a:y`.%:.-aSr:: �:=rr:1•'.::':i::�':;:•�
Life skills(not case management) m r�
wi.l.
Alcohol and drug abuse services `' ,rr� °' r, t" W;�� S nv
Mental health services v�
AIDS—related services �- _
. - — -_ =-:-•r••'_ :s:.:i:. m:j;!- ::,�..,-P:+'=- .,s;- '�c..:�._�y.;.t a'-;'::r; - ^.:[r„U�',�s.;,r.�-z.aa�.
Other health care services
y:I.
Education
._._,__._.. ,�.:_:_.'•.+_.... _.:.�_.,-_G....t.-,._ 1�'^•.4 1.�,c:2.....-..,ter._.ti�:�i;.._.T+r..;.
Housing placement
'....�! =r:S ��-riw .c,.s.:- ..1:�-: x.,..c ?_ :,1_>!•Av, -4a "yf .h',.�.0 �
Employment assistance
Child care fs� :_:
Transportation
Legal ::�� ti F .. ._
Other
,:r f P Y' t z;�. Y- rj:. ,r:r ur •fr.. ! 2�'r. l t
Services-Subtotal a-snaps calculates
Cash Match Expended a-snaps calculates a-snaps calculates
Q30a3.SHP Expenditures—HMIS
SHP and Cash Match Expenditures During the Operating Year—HMIS
Expenditure Type SHP Funds Cash Match% Total Expenditures
Match
Equipment(server,computers, printers) y X
Software(software fees, user licenses, is
software support)
Services(training, hosting, programming)
Personnel(costs associated with staff) P.
Space and operations �'F � A '
a
Stipends to agencies
r
Other(please specify below)
HMIS-Subtotal a-snaps calculates r
Cash Match Expended " ' `a° zrj:. a-snaps calculates a-snaps calculates
�::
19
Q30a4. SHP Expenditures—Leasing,Operating,and Administration
SHP and Cash Match Expenditures During the Operating Year—Leasing,Operating,&Admin
Expenditure Type SHP Funds Cash Match Match% Total Expenditures
Real Property Leasing e-snaps calculates. a-snaps calculates
Operating Costs a-snaps calculates t. e-snaps calculates
AdministratlOn a-snaps calculates -snaps calculates
Leasing,Operating,Admin-Subtotal a-snaps calculates a-snaps calculates �x# x� 'µ�` -snaps calculates
SHP and Cash Match Expenditures During the Operating Year ' Totals
Total SHP Expenses SHP Funds Cash Match Match% Total Expenditures
Development a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
e-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Supportive Services
Real Property Leasing e-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
Operating Expenses a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
HMIS e-snaps calculates., a-snaps calculates a-snaps calculates a-snaps calculates
SHP Expenses—.Subtotal a-snaps calculates e-snaps calculates `��'�r;��,�,.`s�{„�.�rr:;.;,i e
e-snaps calculates.
Administration a-snaps calculates a-snaps calculates a-snaps calculates a-snaps calculates
<, � a -snaps s calculates
Total Expenses a-snaps calculates a-snaps calculates 1 � _, P
Q31.S+C Expenditures and Value of Services
Is this grant completing its initial grant term? Complete
If."yes"—Total match for this grant Complete
S+C and Documented Services Match During the Operating Year
Expenditure Amount
Rental Assistance
Administration
Total S+C.Expenditures a-snaps calculates
Value of Supportive Services Received by S+C Clients During the Operating Year
Documented Service Match Value( )
Outreach
Case management
Life Skills(outside of case management)
Alcohol and drug abuse services
Mental health services
AIDS—related services
Other.health care services
Education
Housing placement
Employment assistance
Child care -
Transportation.
Legal
Other
Total documented services match a-snaps calculates
20
Q33.SRO Value of Services Received
Value of Supportive Services Received by SRO Clients During the Operating Year
Supportive Service Match Value($)
Outreach
Case management
Life skills(outside of case management)
Alcohol and drug abuse services
Mental health services
AIDS—related services
Other health care services
Education
Housing placement
Employment assistance
Child care
Transportation
Legal
Other
Total e-snaps.calculates
Q34. Percent HUD McKinney-Vento Funding
What percentage of this-project's annual budget(services, leasing,operation,
HMIS,administration)is-represented by HUD McKinney.-Vento funding?
Q31a1 CoC Financial—.Development
Expenditure Type CoC Program Funds
Expenditures
Acquisition
Rehabilitation
New Construction
Development-Subtotal a-snaps calculates
Q31a2 CoC Expenditures—Supportive Services
Expenditure Type CoC Program Funds
Expenditures
Assessment of Service Needs
Assistance with Moving Costs
Case Management
Child Care
Education Services
Employment Assistance
Food
Housing/Counseling Services
Legal Services
Life Skills
Mental Health Services
Outpatient Health Services
Outreach Services
Substance Abuse Treatment Services
Transportation
21
Expenditure Type CoC Program Funds
Expenditures
Utility Deposits
Services-Subtotal a-snaps calculates
Q31a3 CoC Expenditures—HMIs
CoC Program Funds.
Expenditure Type
Expenditures
Equipment(server, computers, printers)
Software(software fees, user licenses,software support)
New Construction
Personnel(costs associated with staff)
Space and operations -
HMIS-Subtotal a-snaps calculates.-
Q31a3 CoC Expenditures—Leasing,Rental Assistance,Operating and Administration
Expenditure Type CoC Program Funds
Expenditures
Real Property Leasing
Short-/Medium-term.Rental Assistance
Long-term Rental Assistance
Operating Costs
Administration
Leasing,Rental Assistance,Operating,Admin.-Subtotal a-snaps calculates
CoC Program Funds and Match Applicable During the Operating Year-Totals
Total Expenditures CoC Funds
Development a-snaps calculates
e-snaps calculates
Supportive Services
a-snaps calculates
Real Property Leasing �-
e-snaps calculates
Short-/Medium-term Rental Assistance
Long-term Rental Assistance e-snaps calculates
Operating Costs e-snaps calculates
e-snaps calculates
HMIs
e-snaps calculates
Subtotal
e-snaps calculates
Administration
Total Expenses plus Admin. a-snaps calculates
Cash Match
In-Kind Match
Total Match a-snaps calculates
Match% e-snaps calculates
a-snaps calculates
Total Expenditures and Match
Q36.
For Services Only Programs-Street Outreach Only(refer to the CoC APR Guidebook for exact measures)
Service Linkage Measure Universe(#) Target(#) Target%
1—Housing Stability a-snaps calculates
2a-2f—Service Linkage(select at least 1)
22
For Permanent Housing,Transitional Housing and Services Only Programs with a Housing Goal (refer to
the CoC APR Guidebook for exact measures for each program type)
Performance Exhibit 2 Exhibit 2 Actual#.of Actual#of Actual%of %Difference
Measure Target#of Target%of persons persons who persons who between
persons who persons who served by accomplished accomplished Exhibit 2
were were the program this measure this measure Target and
expected to expected to as applicable Actual
accomplish accomplish to this Performance
this measure this measure measure
1—Housing e-snaps fills a-snaps fills a-snaps s calculates a-snaps
Stability
from Exhibit 2 from Exhibit 2 p calculates
2—Total e-snaps fills a-snaps fills a-snaps calculates calculates
Income from Exhibit 2 from Exhibit 2
3-Earned a-snaps fills a-snaps fills e.-snaps e-snaps.
Income from Exhibit 2 from Exhibit 2 p calculates calculates.-
For Safe Haven Programs (refer to the CoC APR Guidebook for exact measures)
Performance Exhibit 2 Exhibit 2 Actual#of Actual#of Actual%of %Difference
Measure Target#of Target%of persons persons who persons who between'
persons who persons who served by accomplished accomplished Exhibit 2
were were the program this measure this measure Target and
expected to expected to as applicable Actual
accomplish accomplish to this Performance
this measure this measure measure
: 1—Housing e-snaps fills a-snaps fills a-snaps s calculates a-snaps
Stability
from Exhibit 2 from Exhibit 2 p calculates
Fincome Total e-snaps fills a-snaps fills a-sna s calculates a-snaps
from Exhibit 2 from Exhibit 2 p calculates
For All Program Types
Describe how your project performed relative to your expectations for its performance. For projects
funded in the 2010 competition or a subsequent competition,describe the project's performance
relative to the target you set and provide an explanation for any discrepancies.
Maximum Characters:2000
Q37 Performance—All (refer to the CoC APR Guidebook for instructions)
23
Performance Exhibit 2 Exhibit 2 Actual#of Actual#of Actual%of % Difference
Measure Target#of Target%of persons persons who persons who between
persons who persons who served by accomplished accomplished Exhibit 2
were were the program this measure this measure Target and
expected to expected to as applicable Actual
accomplish accomplish to this Performance
this measure this measure measure
e-snaps fills a-snaps fills a-snaps
e-snaps calculates calculates
from Exhibit 2 from Exhibit 2
e-snaps fills a-snaps fills a-snaps calculates a-snaps
from Exhibit 2 from Exhibit 2 calculates
e-snaps fills a-snaps fills a-snaps calculates a-snaps
from Exhibit 2 1 from Exhibit 2 calculates
Describe how your additional performance measure(s) provides insight to HUD about the successful
performance of your project.
Maximum Characters:2000
Q40. Significant Program Accomplishments
Please describe any significant accomplishments achieved by your program during the operating year.
Maximum Characters:2000
Q42.Additional Comments
Please provide any additional comments on other areas of the APR that need explanations, such as a
difference in anticipated and actual programs outputs or bed utilization.
Maximum Characters:2000
24
4 A
+. MI-AMI -
11 OR _.
ae:r4Fr.;•a:_`ci LL JI,
Attachment M ToC Homeless Assistance Program Guidelines" Page 1
Miami-Dade County Homeless Trust
CoC Homeless Assistance Program Guidelines
MIAMI-DADS �g�
Miami-Dade County Homeless'Trust Monitoring Team Information
Staff:
Date of Visit:
CoC Program Subrecipient:,agency and Program Information
Subrecipient:
Program Name:
Subrecipient staff consulted:
Grant Amount:
Grant Number:
Program Type: O PSH O RRH O TH. O SH O SSO
Number to be served:
Number.of chronic beds/units:
Program serves: O Individuals O Families O Both
CoC Program grant funds are used for:
O Leasing(no match required)
O Rental Assistance
O Operations
O Supportive Services
O Administration
Is the Subrecipient a'faith-based organization? O Yes O No
CoC Matching funds (25%) required are: O Cash/Cash Equivalent O In Kind O N/A
Is there an active restrictive covenant on one or more of the project's properties? O Yes O No .
Page 2
Attachment M "CoC Homeless Assistance Program Guidelines g
PART 1: PROGRAM MONITORING:
SUBRECIPIENT OPERATIONS: POLICIES AND PROCEDURES:
Conflict of Interest
1.There are written standards of conduct governing O Yes
the performance of covered persons engaged in the ❑ No
award and administration of contracts. 24 CFR§
578.95(a); 24 CFR§ 578.103(a)(11)
2.The Subrecipient has a general conflict-of-interest O Yes
policy for staff and Board members 24 CFR§ O No
578.95(c); 24 CFR§578.103(a)(11) .
3.If the Subrecipient is an approved exception to the O Yes
conflict of interest policy,the agency has documented ❑ No
the exception 24 CFR§ 578.103(a)(11)
Involvement of homeless ersons
1.There is at least one homeless/formerly homeless O Yes
person is on the Board of Directors or equivalent ❑ No
policymaking entity.24 CFR§578.75(g)(1)
2.The Subrecipient involves homeless individuals and O Yes
families through employment;volunteer services;or O No
otherwise; in constructing,rehabilitation,maintaining,
and operating the project,and in providing supportive
services for the project. 24 CFR§578.75(g)(2)-
Confidentiality
1.The Subrecipient has written policies to ensure: ❑Yes
• Records containing protected identifying O No
information of any individual/family
receiving assistance will be kept confidential;
• The location of any family violence project
will not be made public,except with the
written permission of the person responsible
for operating-the project;and
• The location of any housing of any program
participant will not be made public,except as
provided in a preexisting privacy and as
provided by law.
24 CFR§578.103(b) (These policies are in addition to
HMIS related confidentiality/security requirements)
Fair Housing and Equal ® portunity
1.The Subrecipient has written nondiscrimination and O Yes
equal opportunity policies that apply to housing and O No
employment.24 CFR§578.93
2.The Subrecipient has policies and procedures for O Yes
providing reasonable accommodations and O No
reasonable modifications for persons with disabilities.
24 CFR§ 100.204 a ,28 CFR§35.130(b)(7)
Attachment M "CoC Homeless Assistance Program Guidelines" Page 3
3.The Subrecipient maintains copies of marketing, ❑Yes
outreach,and other materials used to inform eligible ❑ No
persons of the program and these materials show that
the agency markets their housing and supportive
services to those least likely to apply in the absence of
special outreach.24 CFR§578.93(c)(1)
4.The Subrecipient has policies and procedures in ❑Yes
place to provide meaningful access for Spanish- ❑ No
speaking and other Limited English Proficiency
persons to access the Subrecipient's programs and
services. 72 federal regulation 2732
S.The Subrecipient provides program participants ❑Yes
with information on rights and remedies available ❑ No
under applicable federal,State and local fair housing
and civil rights laws.24 CFR§578.93(c)(3)
Drug-Free Workplace
1.The Subrecipient has a drug-free workplace policy ❑Yes
statement which includes the requirement of D-No
notification to HUD if an employee is convicted for a
criminal drug offense.24 CFR§84.13
POLICIES AND PROCEDURES FOR COC GRANT-FUNDED PROGRAM
Number Served
1.The Subrecipient serves at least as many program ❑Yes
participants as show in its application for assistance. ❑ No
24 CFR§578.51(h)(3)
Termination Process
1.The Subrecipient has a written policy for ❑Yes
termination of participation for violation of program ❑ No
policies or occupancy agreements.24 CFR§578.91(b)
Services Related to Housing Stability
1.The Subrecipient has a written policy for ❑Yes
termination of participation for violation of program ❑ No
policies or occupancy agreements.24 CFR§578.91(b
Residential Su �ervision
1.The Subrecipient provides adequate residential ❑Yes
supervision.24 CFR§578.75(f) O No
Pro ram Fees
1.The Subrecipient does not charge participant's O Yes
program fees.24 CFR§ 578.87(d) Program fees are ❑ No
not the same as rent or occupancy rent;program
participants may be charged rent for housing) -
Recordkee in
1.The Subrecipient has systems in place to ensure ❑Yes
that records related to CoC-funded programs are ❑ No
maintained for a 5-year period.24 CFR§ 578.103
idelines" Page 4
Attachment M "CoC Homeless Assistance Program Gu
REVIEW OF CoC PROGRAM PARTICIPANT FILES
Eligibility: Homelessness
1.Each participant file contains verification of ❑Yes
homelessness status at the time of program entry. 24 ❑ No
CFR§ 578.103(a)(3) 24 CFR§576.500(b
2.The Subrecipient has written policies and ❑Yes
procedures for documenting homelessness. Intake ❑ No
staff document eligibility at intake;documentation is
required for all persons seeking assistance;written
policies state the evidence that may be relied upon to
establish and verify homeless status. The
Subrecipient makes efforts to establish and verify
homeless status and get the appropriate
documentation. Uses Miami-Dade County's homeless
verification forms.
In order of preference: 1) Homeless coordinated
outreach and assessment,2.)Third party
documentation,3) Intake worker observations,4)
Certification from the person seeking assistance.
Eligibility: Disability
1.If the program provides PSH,each participant file ❑Yes
contains verification of participant's disability.24 CFR ❑ No
§578.37(a)(1)(i) 1)Verification from a professional
who is licensed to diagnose and treat condition OR 2)
Disability verified by the Social Security
Administration VA disability check,or an SSDI check
Eligibility: Chronic homelessness
1.If the program has units dedicated to persons who O Yes
are chronically homeless,participant files contain ❑ No
verification of chronic homelessness.
Service Assessment
1.The file contains participant assessments and ❑Yes
service plans,updated at least annually. 24 CFR§ ❑ No
578.53(a)
Services Provided and Costs
1:The file contains documentation of services ❑Yes
provided and the agency tracks the amounts spent on ❑ No
those services.24 CFR§ 578.103(a)(9
Duration of Services
1.The file reflects that supportive services are made ❑Yes
available throughout resident's entire time in the ❑ No
ro'ect.24 CFR§578.53(b)
2.Rapid rehousing:The file reflects that program ❑Yes
participant meets with case manager not less than ❑ No
once per month.24 CFR§ 578.53(b)(4)
Participants Terminated from Program
1. If a participant has been terminated from the O Yes
program,file includes documentation that the ❑ No
Subrecipient followed its written procedure for
termination of assistance. 24 CFR§ 578.103(a)(7)(ii);
24 CFR§578.91
Attachment M ToC Homeless Assistance Program Guidelines" Page 5
RENTAL ASSISTANCE OR LEASING (complete this section if the Subrecipient pays rental
assistance or leasing costs fora unit that the program participant lives in)
Rental Agree ent Lease
1.The program participant has an occupancy . ❑Yes
agreement or lease with the Recipient/Subrecipient or O No
Landlord.24 CFR§578.77(a) For tenant and project
based assistance;the program participant must be the
tenant on the lease. For sponsor based assistance, lease
between the Subrecipient and the Landlord,sub-Lease
between participant-and Subrecipient
2.For project-based,sponsor-based,or tenant-based O Yes
permanent housing(PH) rental assistance;.initial lease ❑ No
must be at least one year,terminable for cause. The
leases must be automatically renewable upon
expiration for terms that are a minimum of one month
long,except on prior notice by either party,up to a
maximum term of 24 months.24 CFR§5 78.5 1 1 1
3.For transitional housing;initial lease term must be ❑Yes
at least one month. The lease must be automatically 0 No
renewable upon expiration,except on prior notice by
either party,up to a maximum term of 24 months.24
CFR§ 578.51(l)(2)
Habitability
1.File includes documentation that units passed ❑Yes
housing quality standards inspection prior to initial ❑ No
client move-in..24 CFR§578.75(b);and
24 CFR§578.103(a)(8)
2.File includes documentation that unit has passed ❑Yes
annual housing quality standards inspections, ❑ No
including an inspection within the last 12 months.24
CFR§ S78.75(b)
3.Dwelling unit is correct size:The dwelling unit must ❑Yes
have at least one bedroom or living/sleeping room for ❑ No
each two persons. Children of opposite sex,other than
very young children,may not be required to occupy
the same bedroom or living/sleeping room.
24 CFR§578.(c
4.For supportive housing for persons with ❑Yes
disabilities; the Subrecipient must make available ❑ No
meal preparation facilities for residents or provide
meals 24 CFR§578.75(d)
Unit Rents
1.Documentation that rents are reasonable in relation ❑Yes
to rents charged in the same geographic area for ❑ No
comparable space 24 CFR§ 578.49(b
2.Rents do not exceed the HUD-determined Fair ❑Yes
Market Rents (FMRs). This documentation must ❑ No
include chart show current year's FM Rs.
24 CFR§578.49(b)(4)
3.Security deposit does not exceed two months' rent; ❑Yes
in addition to the security deposit,the Subrecipient O No
may also pay the final months'rent in advance 24 CFR
Attachment M "CoC Homeless Assistance Program Guidelines" Page 6
§578.49(b)(4)
Annual Income
1.The file contains an income evaluation form ❑ Yes
completed by program participant and source Cl No
documents verifying income and assets(or,if source
documentation not available,3rd party verification;or
if 3rd party verification not available,written
certification by program participant.
24 CFR§578.103(a)(6)
2.The file contains documents demonstrating that O Yes
income is re-examined annually. O No
24 CFR§578.77(c)(2)
Rent Calculation
1.The file contains the annual rent calculation,and the ❑ Yes
calculation is accurate.BEST PRACTICE:The file O No
contains a printout of the HUD rent calculation
from www.onecpd.info/incomecalculator.
24 CFR§578.103
2.Is the participant charged rent(unless$0 income) O Yes
and is the rent treated as program income?(required) O No
3.Is rent calculated initially,annually,and when there O Yes
is any change in income? O No
Vacancies
1.The Subrecipient does not pay rent for more than O Yes
30 days for any unit that has been vacated. Rent may ❑ No
not be paid on the vacated unit again until there-is a
new.occupant (NOTE.Brief periods of stays in
institutions,not to exceed 90 days for each occurrence,
are not considered vacancies).
24 CFR§578.51(9)
Attachment M ToC Homeless Assistance Program Guidelines" Page 7
LEASING (complete this section if the Subrecipient leases buildings for the purpose of
providing program services or if there is a unit lease agreement with a landlord)
Rent Reasonableness(applies to rent for buildings or housing units
1. Documentation that rents are reasonable in relation O Yes
to rents charged in the same geographic area for O No
comparable space.24 CFR§ 578.49(b)
2.Rents do not exceed rents charged for comparable ❑Yes
units rented by the Subrecipient.24 CFR§578.49(b) ❑ No
3.Security deposit does not exceed two months'rent; O Yes
in addition to the security deposit,the-Subrecipient ❑ No
may also pay the final months'rent in advance.
24 CFR§578.49(b)(4)-
4.The Subrecipient must have an occupancy O Yes
agreement,and if applicable a sublease. - O No
5.Is rent calculated initially and when the tenant O Yes
requests? O No
6.Is the participant charged rent?(not required) O Yes
O No
7.Has an occupancy charge been imposed?(not O Yes
required) If so,the charge cannot exceed the highest CD No
of 1) 30%of the households monthly adjusted income;
2) 10% of the households'monthly income,or; 3) The
portion of the households'.welfare assistance,if any
that is designated for.housing costs. (not applicable in
the State of Florida
8.Leasing funds are not used to lease units or O Yes
structures owned by the Recipient,Subrecipient,their ❑ No
parent organization(s) or organizations that are
members of a partnership where the partnership
owns the structure. (Doesn't apply to rental
assistance).
Attachment M ToC Homeless Assistance Program Guidelines" Page 8
REQUIRED POLICIES AND PROCEDURES FOR SPECIFIC PROGRAMS/ CIRCUMSTANCES
Participant Household Policies (coin plete this section for any program that serves families with children)
1.The age and gender of a child under age 18 must not O Yes
be used as a basis for denying any participant O No
household's admission to a project that receives funds .
under this part.
Faith-based Activities(complete this section if the Subrecipient is a faith-based organization)
1.The Subrecipient serves all potential participants O Yes
without regard to religious belief,refusal to hold a ❑ No
religious belief,or refusal to attend or participate in
religious.services. 24 CFR§578.87 b 1
2.If the Subrecipient provides explicitly religious O Yes
activities(including worship,religious instruction,or O No
proselytizing),these activities are separate from HUD-
funded activities and beneficiaries of HUD-funded
activities are not required to participate.
24 CFR§578.87(b)(2)
Projects involving acquisition,new construction,and rehabilitation
1.Records for acquisition,new construction,and O Yes
rehabilitation must be retained for 15 years following ❑ No
the date the project is first occupied,or used,by
program participants.24.CFR§578.103(c)(2)
2. If the project resulted in dislocation of any persons, O Yes
the Subrecipient complied with the obligations of the O No
Uniform Relocation Act?..24.CFR§ 578.83
3. For projects including new construction or O Yes
rehabilitation,do the Recipient's records show that O No
Section 3 reports have been completed and submitted
timely? 24 CFR§578.99(i)
Transitional Housing
1.Participants do not regularly exceed 24 months in O Yes
the program.24 CFR§578.79 O No
2.When a participant is in the program for longer than ❑Yes
24 months,the file documents the need for extended O No
participation.24 CFR§578.79
3. If participants stay longer than 24 months,is the O Yes
number of participants with longer stays less than O No
50%.of the total number served by the project?
24 CFR§578.79
Transfer Due to Domestic Violence
1. If a program participant receiving tenant-based O Yes
rental assistance has moved to a different CoC due to ❑ No
threat of imminent harm,the file must contain
documentation of the domestic violence and imminent
threat
Attachment M "CoC Homeless Assistance Program Guidelines" Page 9
PART Z: FISCAL MONITORING
INTERNAL REVIEW
Audit
1.Is the Subrecipient subject to the OMB A-133 single O Yes
audit requirement? (Required if$5000,000 or more in O No
aggregate Federal funds expended)
2. If subject to A-133 audit,has the Subrecipient O Yes
provided its most recent audit and management O No
letter?
3. If not bound by A-133 requirement,has the agency ❑Yes --
provided financial statements audited by a CPA? O No -
Board of Directors
1. Has the Subrecipient provided Miami-Dade County O Yes
a list of the members of its Board of Directors? O No
Authorized Check Si ners
1. Has the Subrecipient provided Miami-Dade County ❑Yes
with a list of authorized check signers? O No
Invoicing
1.The Subrecipient submits invoices on a monthly O Yes
basis (on time or within time)? O No
Procurement
1.The Subrecipient has a written procurement policy O Yes
that meets the requirements of Miami-Dade County ❑ No
competitive procurement standards.
2.The Subrecipient retains copies of all procurement O Yes
contracts and documentation of compliance with O No
federal procurement requirements
24 CFR§578.103(a)(16)(iii
Match
1.The Subrecipient has documentation of the source O Yes
and use of contributions made to satisfy the 25% O No
match requirements(match may be cash or in kind).
Records must indicate the grant and fiscal year for
which each matching contribution is counted. The
records must show how the value placed on 3rd party
in kind contributions was derived. Costs incurred by a
partnering organization to provide"in kind"services
to the program-participants must be documented by a
MOU. Cash or any in kind contribution used as match
for another grant is not an eligible in kind contribution
used as match for another grant is not an eligible
match. 24 CFR§ 578.73, 24 CFR§578.103(a)(10),24
CFR§ 84.23 and 24 CFR§578.23(c)(6)
2.Match must be spent on eligible project costs(in the O Yes
budget) O No
3.Where match is documented by MOU,the MOU O Yes
must; establish the unconditional commitment O No
identify the service to be provided;identify the
Attachment M "CoC Homeless Assistance Program Guidelines" Page 10
profession of the persons providing the service; and
identify the cost of the service to be provided
Internal Controls
1.The Subrecipient has written job descriptions for all O Yes
HUD-funded positions ❑ No
2.The Subrecipient has written fiscal policies and O Yes
procedures specifying approval authority for all ❑ No
financial transactions and guidelines for controlling
expenditures
3.The Subrecipient has written procedures for ❑Yes
recording financial transactions,and an accounting O No
manual and chart of accounts
Program Income
1.Is all program income spent on eligible costs? Rent ❑Yes
and Occupancy charges are considered program O No
income
2.Is program income part of your match? Program O Yes
income is not an eligible source of match. O No
Indirect Costs
1.Does the organization use grant funds for indirect O Yes
costs? O No
2:Are the costs consistent with OMB Circulars A-87 ❑Yes
and A-122,as applicable. O No
Attachment M "CoC Homeless Assistance Program Guidelines" Page 11 -
DOCUMENTATION REVIEW
Salary Documentation
1. Original timesheets-signed; grant duties identified, ❑Yes
if split time(copy in reimbursement package) ❑ No
2.Payroll sheets ❑Yes
❑ No
3.Cancelled checks to the employee ❑Yes .
❑ No
4. If time is divided between the CoC Programs and ❑Yes
another funding source,review time distribution ❑ No
records supporting the allocation of charges among
the sources. Staff time breakdown allocation chart
Space Utilities Documentation /Leases
1. Rental or lease agreement-signed by participant; ❑Yes
valid lease period;correct rental amount ❑ No
2.Original invoices ❑Yes
O No
3.Cancelled checks to the landlord/mortgagee;utility ❑Yes
company,etc. ❑ No
4.Unit inspection report(s);no longer than 1 year old ❑Yes
❑ No
S.Verification of what payment was used for(e.g.first ❑Yes
month's rent,security deposit,etc.) ❑ No
Supplies
1. Purchase orders ❑Yes
O No
2. Requisitions ❑Yes
❑ No
3. Cancelled checks ❑Yes
O No
4. Determine where supplies are being kept ❑Yes
❑ No
S. Determine what cost objective is being used ❑Yes
O No
Review Inventory list-any equipment shall be labeled ❑Yes
as property of Miami-Dade County through its ❑ No
Homeless Trust
Attachment M ToC Homeless Assistance Program Guidelines" Page 12
INTERNAL CONTROLS
1.Internal control questionnaire O Yes
O No
2. Review organizational chart. O Yes
O No
3.Review job descriptions/definitions of employees' O Yes
duties O No
4.Review Subrecipient's system of authorization and O Yes
supervision O No
S.Ensure that there is a separation of duties O Yes
(authorizing,recording and custody should be O No
separate)
6. Review control over assets O Yes
O No
EVALUATION OF SELECTED TRANSACTIONS
Is the expenditure allowable
a.Is the expenditure necessary,reasonable and O Yes
directly related to the grant? O No
b.Is the expenditure authorized by the grant? O Yes
O No
Source documentation evaluation
.a.Were the expenditures incurred during the term of ❑Yes
the grant? O No
b.Was the money actually paid out? O Yes
O No
c.Were the expenditures approved by the responsible O Yes
Subrecipient officials ❑ No
d.Is there adequate documentation to support the O Yes
expenditures? O No
Does the Subrecipient maintain the appropriate records?
Does the Subrecipient maintain the following?
a.Chart of accounts ❑ Yes
O No
b.Cash receipts journal' O Yes
O No
c.Cash disbursements journal O Yes
O No
d. Payroll journal O Yes
O No
e.General ledger O Yes
O No
1.Does the Subrecipient maintain documentation O Yes
concerning its sources of funding O No
Attachment M ToC Homeless Assistance Program Guidelines" Page 13
PART 3: RIMS MONITORING
HMIS HOMELESS MANAGEMENT INFORMATION SYSTEMS
HMIS Operations: Policy and Procedures
1.The Subrecipient has signed an HMIS:Participation (--)Yes
Agreement to use the HMIS license ❑ No
2.Are the Subrecipient's HMIS Administers registered ❑ Yes
and approved to enter the data into the HMIS system ❑ No
3.The Subrecipient has designated an HMIS site ❑Yes
Administrator(s),who is the Point of Contact for ❑ No
Miami-Dade County through its Homeless Trust as
HMIS Lead Agency.
4.the.Subrecipient has ensured that each HMIS user ❑Yes
within its Organization has signed a user agreement ❑ No
stating full understanding of user rules,protocols and
confidentiality.
Privacy
1.The Subrecipient has a Data Collection/ Privacy ❑ Yes
Notice posted in English and Spanish at each intake ❑ No
location
2.The Subrecipient has a written Privacy Policy or ❑ Yes
uses the CoC's written Privacy Policy ❑ No
3.If the Subrecipient has a web site,the Privacy Policy ❑ Yes
is posted to the web site. ❑ No
4.The Subrecipient has a signed authorization for O Yes
release of information form that it uses foe any client ❑ No
for which the Subrecipient uses HMIS for data sharing
S.The Subrecipient ensures that all signed forms are ❑ Yes
locked in a designated location with limited access to ❑ No
staff
6.The Subrecipient has executed the Agency Sharing ❑ Yes
Data Agreement,if applicable(MOU?) ❑ No
7.The Subrecipient has a written client complaint ❑Yes.
policy ❑ No
8.The Subrecipient has established a process of ❑ Yes
tracking all filed complaints and can provide copies of ❑ No
complaints and resolutions to the HMIS Lead Agency if
re uested.
Security
1.The Subrecipient maintains a list of active HMIS ❑ Yes
users ❑ No
2.The Subrecipient regularly contacts the HMIS Lead ❑Yes
when an employee leaves the Organization,in order to O No
make sure that the person's HMIS account is disabled.
3.Are the Subrecipient's HMIS workstations located in ❑Yes
secure locations or,if not,are the workstations ❑ No
manned at all times?
4. Has the Subrecipient identified a person who will ❑ Yes
serve as the Organization's HMIS security officer? ❑ No
5.Has the HMIS security officer completed an HMIS ❑ Yes
security self-certification within the last 12 months? ❑ No
Attachment M "CoC Homeless Assistance Program Guidelines" Page 14
6. Does the Subrecipient have in place policies and ❑Yes
procedures to protect hard copies (paper)with O No
personal identifying information?
Data Quality.
At a minimum the Subrecipient collects the Universal ❑Yes
Data Elements for every client entered and minimum ❑ No
data quality standards are met.
The Subrecipient enters Client Basic Demographic ❑Yes
Data into the HMIS system at a minimum within one ❑ No
week of intake
The Subrecipient staff review monthly reports O Yes .
received from HMIS Program Administrator and ❑ No
addresses any issues noted.
Attachment M ToC Homeless Assistance Program Guidelines" Page 15
M IA M I•DeADE
r
INCIDENT REPORT
IDENTIFYING INFORMATION
Reporting'Party Phone# Date of Incident / / Time of Incident am/pm
Reporting Party Name
Contract Provider Name
Program Name
Provider Location
Specific Program: (check all that apply)
O.Miami-Dade County HT ❑Primary Care ❑ CoC Program ❑Emergency ❑ Challenge
Specific location/address where incident occurred:
TYPE OF INCIDENT
❑ALTERCATION ❑ CLIENT DEATH
❑ CLIENT INJURY OR ILLNESS ❑ THEFT
❑SEXUAL BATTERY ❑SUICIDE ATTEMPT
❑PROPERTY DAMAGE ❑ OTHER INCIDENT
Specify
PARTICIPANT (S) /WITNESS (ES)
(Please mark W or P for either Witness or Participant)
FAST 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 Pagel of 2
AMI•
MIL7ADE
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, 11 I NW First
Street,27`h Floor, Suite 310,Miami,Florida 33128;telephone(305)375-1490 and facsmilie(3 05)375-2722.
Definitions of Reportable-Incidents
a. Altercation. A physical confrontation occurring between a client and employee or two or more clients at the time services are
being rendered,or when a client is in the physical custody of the department,which results in one or more clients or employees
receiving medical treatment by a licensed health care professional.
b. Client Death. A person whose life terminates due to or allegedly due to an accident, act of abuse, neglect or other incident
occurring while in the presence of an employee,in Homeless Trust contracted program facility.
C. Client Iniury or Illness. A medical condition of a client requiring medical treatment by a licensed health care professional
sustained or allegedly sustained due to an accident,act of abuse,neglect or other incident occurring while in the presence of an
employee,in a Homeless Trust contracted program.
d. Other Incident. An unusual occurrence or circumstance initiated by something other than natural causes or out of the ordinary
such as a tornado,kidnapping,riot,or hostage situation,which jeopardizes the health,safety and welfare of clients.
e. Sexual Battery. An allegation of sexual battery by a client on a client, employee on a.client, or client on an employee as
evidenced by medical evidence or law enforcement involvement.
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
MIAMI-DADE
Real Property and Equipment Asset Inventory
Equipment with an acquisition cost of greater than$5,000.00 per unit and all real property must be
inventoried. heal 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 Title?
Equipment 2:
Description of Property:
Serial/ID Number:
Acquisition Date:
Cost:
Vendor Name:
%of Purchase Cost from Grant:
Location of Property:
Use and Condition of Property:
Who Holds Title?
Equipment 3:
Description of Property:,
Serial/ID Number:
Acquisition Date:
Cost:
Vendor Name:
%of Purchase Cost from Grant:
Location of Property:
Use and Condition of Property:
Who Holds Title?
*(please create as additional pages as required)
ATTACHMENT 0 Miami-Dade County"Real Property and Equipment Asset Inventory"
fi
:
United State, Department ®f Housing and Urban
Development 24 CFR Fart 578
RENTAL ASSISTANCE
A'T'TACHMENT P "Rental Assistance" (if applicable)
r
MIAMI•DADE
AFFIDAVIT
Applicant Name: City of Miami Beach
Address: 1700 Convention Center Drive, Miami Beach, FL 33139
Telephone Number: 5305) 673-7510
Pursuant to Miami-Dade County Resolution No. R-630-13, the undersigned certifies, to the best
of his or her knowledge and belief, that:
1. Within the past five (5)years, neither the Agency nor its directors, partners, principals,
members or board members:
(i) have been sued by a funding source for breach of contract or failure to
perform obligations under a contract;
(ii) have been cited by a funding source for non-compliance or default under
a contract;
(iii) have been a defendant in a lawsuit based upon a contract with a funding
source.
Please list any matters which prohibit the Agency from making the certifications required and
explain how the matters are being resolved (use separate sheet if necessary):
This is certified by signature:
Jimmy L. Morales `�
12- /1'-f
A licant's kidnature Print Applicant's Name Date
Subsc ibed and sworn to or affirmed before me this day of "..u&,1,� 20_d
�. 0(�<JO ( )by �t M i� . He/she i ersonally known o me or has presented
as identification number.
NAIMA DE PINEDo
Print or Stamp of Nota � ¢- MYCOMMIS510N#DD 935887E iration Date:
( p EXPIRES:September 26,2014
Bonded Thru Notary Public Underwrite
ary Seal:.
_ APPROVED AS TO
FORM & LANGUAGE
Notary Public—State of ��C�YI � Ct .
& FOR EXECUTION
City Attorney i" Date
•.
..
.. .,,'a'� ,,
i _� _ .�7 s
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