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Agenda 04/27/2010 Item #16D10 Agenda Item No. 16010 April 27, 2010 Page 1 of 78 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,761 and approve the associated budget amendments to recognize the funding associated with this award. OBJECTIVE: To assist in providing care for the homeless and at risk population, through the Board of County Commissioners' (BCe) acceptance of three (3) HUD grant agreements for 2009 Continuum of Care (CoC) funding totaling $330,761 and approval of the associated budget amendments. CONSIDERATIONS: At the May 27, 2003 BCC meeting, the Board gave approval for the County to become the Lead Agency and apply to HUD on behalf of the County's social service agencies for the annual Continuum of Care Homeless Assistance (CoC) grant. On December 15, 2009 (Item 16D3), the Board approved the after the fact submission of a Continuum of Care (CoC) grant application to HUD for three projects requesting $330,761 for homelessness funding. On December 23, 2009 HUD notified the County that it had received funding in the amount of$330,761. HUD has awarded a grant for the Shelter for Abused Women and Children (SAWCC) in the amount of$113,000, a grant for St. Matthew's House in the amount of$ 113,116.00, and a grant to the Collier County Department of Housing Human Services in the amount of $104,645 for administration of the Homeless Management Information System (HMIS). In 2003 when Collier County agreed to become the CoC Lead Agency, St. Matthew's House agreed that its administration funds would be equally shared between the non-profit agency and Housing & Human Services (HHS). Both the Shelter for Abused Women and Children and St. Matthew's House grants will pass through the Department of Housing and Human Services as Collier County's CoC Lead Agency. These pass through awards will require the non-profit agencies to provide a 25% cash match for supportive services. The Department of Housing and Human Services will not be required to provide a match because no supportive services are required for the administration of the Homeless Management Information System grant. Collier County Housing and Human Services has been allocated $4,983 in administration funds for the Homeless Management Information System (HMIS). The Department of Housing & Human Services will also receive 50% of St. Matthew's House administration allocation in the amount of $2,693, for a total of $7,676 in administration dollars. No administration dollars are associated with the grant for the Shelter for Abused Women and Children. FISCAL IMPACT: The total award from HUD for the 2009 Continuum of Care award will total $330,761 to be budgeted in Housing Grants fund 705. No general funds will be used for the CoC grant award. Agenda Item No. 16010 April 27, 2010 Page 2 of 78 GROWTH MANAGEMENT IMPACT: Implementation of homelessness assistance grants will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office. It is legally sufficient for Board action.-CMG RECOMMENDATION: To approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homelessness Assistance grant from the U.S. Department of Housing and Urban Development (HUD) totaling $330,761; and approve the associated budget amendments to recognize the funding associated with this award. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Agenda Item No. 16010 April 27, 2010 Page 3 of 78 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16010 Recommendation to approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,761 and approve the associated budget amendments to recognize the funding associated with this award. 4/27/20109:00:00 AM Meeting Date: Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 4/12/20104:24 PM Approved By Marcy Krumbine Director - Housing & Human Services Date Public Services Division Human Services 4/13/20109:50 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/14/20108:08 AM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 4/15/20109:56 AM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 4/15/2010 4:09 PM Approved By Sherry Pryor Office of Management & Budget Management/ Budget Analyst, Senior Date Office of Management & Budget 4/16/20101:12 PM Approved By Jeff Klatzkow County Attorney Date 4/16/20104:52 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 4/17/20103:49 PM Agenda Item No. 16010 April 27, 2010 Page 4 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B40060802 Grant Number: FL0294B4D060802 Award Amount: $104,645 Recipient: Collier County Board of County Commissioners, 3301 Tamiaml Trail East, Naples, Florida 34112 TaxID#:59-6000558 Project Name: FL-606 - Ren - HMIS Renewal Component Type: HMIS Official Contact Person: Mr. Fred W. Coyle, Chairman, County Board of Commissioners Email Address:fredcoyle@colllergov.net Phone: (239) 252-8097 Fax: (239) 774-3602 2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. I Consolidated Grant Agreement Page 1 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 5 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL029484D060802 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter 'the Act'). The term 'grant' or 'grant funds' means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published December 29,2008 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http://www.hud.gov/offices/adm/grants/nofa09/cocsec.pdf. The term 'Application' means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, In the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds In the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 6 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B40060802 For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: Hue recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throu~hout a period of twenty years from the date of initial occupancy or the Initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUe, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUe may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Grant Agreement Page 3 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 7 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren . HMIS Renewal 07697790 FL0294B4D060802 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUO's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUO in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUO that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUO and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUO. Consolidated Grant Agreement Page 4 03/17/2010 Agenda Item ~o. 1601 ~ Page 8 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606-Ren-HMIS Renewal 07697790 FL0294B4D060802 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By. ~//Afb 3;r-d) .", Signature and Date Marla Rosa. Ortiz-Hill Print name of signatory - Director. Community Plannin2' and DevelQpment Tide' RECIPIENT Collier County Board of County Commissiol1el1 Name of Organization By: Authorized Signature and Date Fred. w. ('~\e Print name of si ory County Administrator Title proved 88 to form & Iegal8Ufflclency ATTEST: DWIGHT E. BAOCK. Clerk By: Colleen Greene, Alaistant ColM"lty Attorney I Consolidated Grant Agreement Page S 03/1712010 ~ Agenda Item No. 16010 April 27, 2010 Page 9 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren . HMIS Renewal 07697790 FL0294B4D060802 ATTACHMENT A 1. The recipient is Collier County Board of County Commissioners. 2. HUD's total fund obligation for this project is $104,645, which shall be allocated as follows: Leasing $0 Supportive services $0 Operating costs $0 HMIS $99,662 Administration $4,983 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Consolidated Grant Agreement Page 6 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 10 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 ATTACHMENT B 24 CFR PART 583--SUPPORTIVE HOUSING PROGRAM Subpart A--General Sec 583.1 Purpose and scope. 583.5 Definitions. 583.100 583.105 583.110 583.115 583.120 583.125 583.130 583.135 583.140 583.145 583.150 583.155 583.200 583.230 583.235 583.300 583.305 583.310 583.315 583.320 583.325 583.330 Subpart B--Assistance Provided Types and uses of assistance. Grants for acquisition and rehabilitation. Grants for new construction. Grants for leasing. Grants for supportive service costs. Grants for operating costs. Commitment of grant amounts for leasing, supportive services, and operating costs. Administrative costs. Technical assistance. Matching requirements. Limitations on use of assistance. Consolidated plan. Subpart C--Application and Grant Award Process Application and grant award. Environmental review. Renewal grants. Subpart D--Program Requirements General operation. Term of commitment; repayment of grants; prevention of undue benefits. Displacement, relocation, and acquisition. Resident rent. Site control. Nondiscrimination and equal opportunity requirements. Applicability of other Federal requirements. Page 7 03/17/2010 Consolidated Grant Agreement Agenda Item No. 16010 April 27, 2010 Page 11 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 Subpart E--Administration 583.400 Grant agreement. 583.405 Program changes. 583.410 Obligation and deobligation of funds. AUTHORITY: 42 U.S.C. 11389 and 3535(d). SOURCE: 58 FR 13871, Mar. 15, 1993, unfess otherwise noted. Subpart A--General t 583.1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381-11389). The Supportive Housing program is designed to promote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons In the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as Independently as possible. (b) Components. Funds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2) Permanent housing that provides long-term housing for homeless persons with disabilities; (3) Housing that is, or is part of, a particularly innovative project for, or altemative methods of, meeting the immediate and long-term needs of homeless persons; or (4) Supportive services for homeless persons not provided in conjunction with supportive housing. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30,1996] t 583.5 Definitions. As used in this part: Applicant is defined in section 422(1) of the McKinney Act (42 U.S.C 11382(1)). For purposes of this definition, governmental entities include those that have general governmental powers (such as a city or county), as well as those that have limited or special powers (such as public housing agencies). Consolidated plan means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Oate of initial occupancy means the date that the supportive housing is initially occupied by a homeless person for whom HUO provides assistance under this part. If the assistance is for an existing homeless facility, the date of initial occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. Date of initial service provision means the date that supportive services are initially provided with funds under this part to homeless persons who do not reside in supportive housing. This definition applies only to projects funded under this part that do not provide supportive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C 11382(2)). Homeless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.C 11302). Consolidated Grant Agreement Page 8 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 12 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 Metropolitan city is defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(4)). In general, metropolitan cities are those cities that are eligible for an entitlement grant under 24 CFR part 570, subpart D. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U.S.C 11382(5)). Outpatient health services is defined in section 422(6) of the McKinney Act (42 U.S.C. 11382(6)). Permanent housing for homeless persons with disabilities Is defined in section 424(c) of the McKinney Act (42 U.S.C 11384(c)). Private nonprofit organization is defined in section 422(7) (A), (B), and (D) of the McKinney Act (42 U.S.C. 11382(7) (A), (B), and (0)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles. Project is defined In sections 422(8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422(9) of the McKinney Act (42 U.S.C. 11382(9)). Rehabilitation means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabilitation does not include minor or routine repairs. State is defined in section 422(11) of the McKinney Act (42 U.S.C. 11382(11)). Supportive housing is defined in section 424(a) of the McKinney Act (42 U.S.C. 11384(a)). Supportive services is defined in section 425 of the McKinney Act (42 U.S.C 11385). Transitional housing is defined in section 424(b) of the McKinney Act (42 U.S.C. 11384(b)). See also ~ 583.3000). Tribe is defined in section 102 of the Housing and Community Oevelopment Act of 1974 (42 U.S.C. 5302). Urban county is defined in section 102(a)(6) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(6)). In general. urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. [61 FR 51175, Sept. 30, 1996] Subpart B-Assistance Provided I 583.100 Types and uses of assistance. (a) Grant assistance. Assistance in the form of grants is available for acquisition of structures, rehabilitation of structures, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and supportive services, as described in ~~ 583.105 through 583.125. Applicants may apply for more than one type of assistance. Consolidated Grant Agreement Page 9 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27,2010 Page 13 of 78 07697790 FL0294B4D060802 (b) Uses of grant assistance. Grant assistance may be used to: (1) Establish new supportive housing facilities or new facilities to provide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons served; (3) Bring existing facilities up to a level that meets State and local government health and safety standards;. (4) Provide additional supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; (5) Purchase HUD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291; and (6) Continue funding supportive housing where the recipient has received funding under this part for leasing, supportive services, or operating costs. . (c) Structures used for multiple purposes Structures used to provide supportive housing or supportive services may also be used for other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. (d) Technical assistance. HUD may offer technical assistance, as described in ~ 583.140. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994] fi 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to recipients to: (1) Pay a portion of the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing or supportive services, Including the repayment-of any outstanding debt on a loan made to purchase property that has not been used previously as supportive housing or for supportive services; (2) Pay a portion of the cost of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive housing or supportive services; or (3) Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a)(1) and (2) of this section. (b) Amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: (1) $200,000; or (2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Increased amounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,000, may be available. Consolidated Grant Agreement Page 10 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 14 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 S 583.110 Grants for new construction. . (a). Use. HUD wi!1 grant funds to recipients to pay a portion of the cost of new construction, including cost-effective energy measures and the cost of land associated with that construction for use in the provision of supportive housing. If the grant funds are used for new construction, ' the applicant must demonstrate that the costs associated with new construction are substantially le~s than the costs associated with rehabilitation or that there is a lack of available appropriate Units that could be rehabilitated at a cost less than new construction. For purposes of this cost comparison, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b) Amount. The maximum grant available for new construction is the lower of: (1) $400,000; or (2) The total cost of the new construction, including the cost of land associated with that construction, minus the applicant's contribution toward the cost of same. S 583.115 Grants for leasing. (a) General. HUD will provide grants to pay (as described in ~ 583.130 of this part) for the actual costs of leasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b )(1) Leasing structures. Where grants are used to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable space. (2) Leasing individual units. Where grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] S 583.120 Grants for supportive services costs. (a) General. HUD will provide grants to pay (as described in ~ 583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by the recipient or by arrangement with public or private service providers. (b) Supportive services costs. Costs associated with providing supportive services include salaries paid to providers of supportive services and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include the costs of services provided to former residents of transitional housing to assist their adjustment to independent living. Such services may be provided for up to six months after they leave the transitional housing facility. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] Consolidated Grant Agreement Page 11 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 15 of 78 07697790 FL0294S4D060802 S 583.125 Grants for operating costs. (a) General. HUD will provide grants to pay a portion (as described in ~ 583.130) of the actual operating costs of supportive housing for up to five years. (b) Operating costs. Operating costs are those associated with the day-today operation of the supportive housing. They also include the actual expenses that a recipient incurs for conducting on-going assessments of the supportive services needed by residents and the availability of such services; relocation assistance under ~ 583.310, including payments and services; and insurance. (c) Recipient match requirement for operating costs. Assistance for operating costs will be available for up to 75 percent of the total cost in each year of the grant term. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each operating year, the recipient must demonstrate that It has met its match requirement of the costs for that year. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12,2000] S 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs. HUD will obligate amounts for a period not to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation. less the recipient's share of operating costs. (Approved by the Office of Management and Budget under OMS control number 2506-0112) [59 FR 36891, July 19, 1994] S 583.135 Administrative costs. (a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance. (b) Administrative costs. Administrative costs include the costs associated with accounting for the use of grant funds. preparing reports for submission to HUD. obtaining program audits. similar costs related to administering the grant after the award. and staff salaries associated with these administrative costs. They do not include the costs of carrying out eligible activities under SS 583.105 through 583.125. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30.1996] S 583.140 Technical assistance. Consolidated Grant Agreement Page 12 03117/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 16 of 78 07697790 FL0294B4D060802 (a) General. ~U!J may set aside funds annuall.y to provide technical assistance, either directly by H~D staff.or Indlr~ctly through third-party pro~lders, for any supportive housing project. This technical asslst~mce IS for the purpose of promoting the development of supportive housing and supportive services as part of a continuum of care approach, including innovative approaches to assist h?meless. persons in the transition from homelessnes~, and promoting the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Uses of technical assistance. HUD may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive housing or ~ervlc~s for homel~ss p.ersons, for supportive housing projects. The assistance may include, but IS not limited to, written Information such as papers, monographs, manuals, guides, and brochures; person-to-person exchanges; and training and related costs. (c) Selection of providers. From time to time, as HUD determines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, July 19, 1994] i 583.145 Matching requirements. (a) General. The recipient must match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or more of the following: the recipient, the Federal government, State and local governments, and private resources, in accordance with 42 U.S. C. 11386. This statute provides that a recipient may use funds from any source, including any other Federal source (but excluding the specific statutory subtitle from which Supportive Housing Program funds are provided), as well as State, local, and private sources are not statutorily prohibited to be used as a match. It is the responsibility of the recipient to ensure that any funds used to satisfy the matching requirements of this section are eligible under the laws governing the funds to be used as matching funds for a grant awarded under this program. (c) Maintenance of effort. State or local government funds used in the matching contribution are subject to the maintenance of effort requirements described at ~ 583.150(a). i 583.150 Limitations on use of assistance. (a) Maintenance of effort. No assistance provided under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to PartiCirate in the Suppor:tiye Housing Program. Neither the Federal government nor a State or loca government receIVIng funds under Supportive Housing programs shall discriminate against an organization on the basis of the organization's religious character or affiliation. (2) Organizations that are directly funded under the Supportive Housing Program may no~ engage in Inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. Consolidated Grant Agreement Page 13 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 17 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 (3) A religious organization that participates in the Supportive Housing Program will retain its independence from Federal, 'State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of Its religious beliefs, provided that it does not use direct Supportive Housing Program funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, falth- based organizations may use space in their facilities to provide Supportive Housing program- funded services, without removing religious art, Icons, scriptures, or other religious symbols. In addition, a Supportive Housing Program-funded religious organization retains its authority over its internal governance, and it may retain religious tenns in its organization's name, select Its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. (4) An organization that participates in the Supportive Housing Program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (5) Program funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Program funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conductin~ eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, program funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to Supportive Housing Program funds in this part. Sanctuaries, chapels, or other rooms that a Supportive Housing Program-funded religious congregation uses as Its principal place of worship, however, are ineligible for Supportive Housing Program-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the tenn of the grant, is subject to govemment-wide regulations goveming real property disposition (see 24 CFR parts 84 and 85). (6) If a State or local govemment voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this section applies to all of the commingled funds. (c) Participant control of site. Where an applicant does not propose to have control of a site or sites but rather proposes to assist a homeless family or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family or individual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilitation, or new construction. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,1993: 68 FR 56407, Sept. 30,2003] ~ 583.155 Consolidated plan. (a) Applicants that are States or units of general local government. The applicant must have a HUD-approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submit a certification that the application for funding is consistent with the HUD- approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States or units of general local govemment The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD approved consolidated plan. The certification must be made by the unit of general local govemment or the State, in accordance with the consistency certification provisions of the consolidated plan regulations,. 24 CFR part 91, subpart F. Consolidated Grant Agreement Page 14 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 18 of 78 07697790 FL0294B4D060802 (c) Indian tribes a~d the Insular Areas of ~~am, the U.S. Virgin Islands, American Samoa, and the Northe~n Manana Islands. These entities are not required to have a consolidated plan or to f!18ke cons~hdated plan certifications. An application by an Indian tribe or other applicant for a project that Will be located on a reservation of an Indian tribe will not require a certification by the tribe or the State. Ho~ever, wher~ an Indian tribe l~ the.applicant for a project that will not be lo.cated on a reservation, the requirement for a certification under paragraph (b) of this section Will apply. (d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOFA, the required certification that the application for funding is consistent with the HUD- approved consolidated plan must be submitted by the funding application submission deadline announced in the NOFA. [60 FR 16380, Mar. 30, 1995] Subpart C-Applicatlon and Grant Award Process i 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and 0 (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the initial funding period. To be considered for renewal funding for leasing, operating costs, or supportive services, recipients must submit a request for such funding in the form specified by HUD, must meet the requirements of this part, and must submit requests within the time period established by HUD. (b) Assistance available. The first renewal will be for a period of time not to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy or the date of initial service provision, as applicable. Any subsequent renewal will be for a period of time not to exceed five years. Assistance during each year of the renewal period, subject to maintenance of effort requirements under ~ 583.150(a) may be for: (1) Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding period; (2) Up to the amount of HUD assistance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. (c) HUD review. (1) HUD will review the request for renewal and will evaluate the recipient's performance in previous years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a population that is not homeless, or the recipient has not shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent living. In determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For recipients with a poor record of success, HUD will also consider the recipienfs willingness to accept technical assistance and to make changes suggested by technical assistance providers. Other factors which will affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site. Consolidated Grant Agreement Page 15 0311712010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 19 of 78 07697790 FL0294B4D060802 (2) HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (3) HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) Subpart D--program Requirements S 583.300 General operation. (a) State and local requirements. Each recipient of assistance under this part must provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet the following requirements: (1) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide altemate means of egress in case of fire. (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings Each resident must be provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. Consolidated Grant Agreement Page 16 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 20 of 78 07697790 FL0294B40060802 (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (il) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoing assessment of supportive services. Each recipient of assistance under this part must conduct an ongoing assessment of the supportive services required by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential supervision. Each recipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. (f) Participation of homeless persons. (1) Each recipient must provide for the participation of homeless persons as required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)). This requirement is waived if an applicant is unable to meet It and presents a plan for HUD approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also ~ 583.330(e). (2) Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project. (g) Records and reports. Each recipient of assistance under this part must keep any records and make any reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require within the timeframe required. (h) Confidentiality. Each recipient that provides family violence prevention or treatment services must develop and implement procedures to ensure: (1) The confidentiality of records pertaining to any individual services; and (2) That the address or location of any project assisted will not be made public, except with written authorization of the person or persons responsible for the operation of the project. (3) Prompt written notice of the final decision to the participant. 0) Limitation of stay in transitional housing. A homeless individual or fa'!lily may re.m~i~ in transitional housing for a period longer than 24 months, if permanent hOUSing for the indiVidual or family has not been located or if the indivi~ual ~r family ~equires additiona! ~ime to prepare f~r independent living. However, HUD may discontinue assistance for a transitional hOUSing project if more than half of the homeless individuals or families remain in that project longer than 24 months. Consolidated Grant Agreement Page 17 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 21 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 (k) Outpatient health services. Outpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Health and Human Services (HHS). Upon receipt of an application that proposes the provision of outpatient health services, HUD will consult with HHS with respect to the appropriateness of the proposed services. (I) Annual assurances. Recipients who receive assistance only for leasing, operating costs or supportive services costs must provide an annual assurance for each year such assistance is received that the project will be operated for the purpose specified in the application. (Approved by the Office of Management and Budget under control number 2506-0112) [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,1994; 61 FR 51176, Sept. 30, 1996] t 583.305 Term of commitment; repayment of grants; prevention of undue benefits. (a) Term of commitment and conversion. Recipients must agree to operate the housing or provide supportive services in accordance with this part and with sections 423 (b)(1) and (b)(3) of the McKinney Act (42 U.S.C. 11383(b)(1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefits. In accordance with section 423(c) of the McKinney Act (42 U.S.C. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized conversion of the project under section 423(b )(3) of the McKinney Act (42 U.S.C. 11383(b)(3)). [61 FR 51176, Sept. 3D, 1996] t 583.310 Displacement, relocation, and acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements. The acquisition of real property for supportive hOUSIng is subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1) The recipient must certify (i.e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2) The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. (3) The recipient must maintain records in sufficient detail to demonstrate compliance with proviSions of this section. Consolidated Grant Agreement Page 18 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 22 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 (e) Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a "displaced person," or the amount of relocation assistance for which the person is eligible, may file a written appeal of that determination with the recipient. A low-income person who is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of displaced person. (1) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this part. The term "displaced person" Includes, but may not be limited to: (i) A person that moves permanently from the real property after the property owner (or person in control of the site) issues a vacate notice, or refuses to renew an expiring lease in order to evade the responsibility to provide relocation assistance, if the move occurs on or after the date the recipient submits to HUD the application or application amendment designating the project site. (ii) Any person, including a person who moves before the date described in paragraph (f)(1)(i) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (iii) A tenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (g) of this section) if the move occurs before the tenant has been provided written notice offering him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/ complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, but does not return to the building/complex, if either: (A) A tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, or (B) Other conditions of the temporary relocation are not reasonable. (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required to move to another unit in the same building/complex, if either: (A) The tenant is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move; or (B) Other conditions of the move are not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1 ) of this section, a person does not qualify as a "displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i) Termination of housing assistance Consolidated Grant Agreement Page 19 03117/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 23 of 78 07697790 FL0294B40060802 The recipient may terminate assistance to a participant who violates program requirements. Recipients should terminate assistance only in the most severe cases. Recipients may resume assistance to a participant whose assistance was previously terminated. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (1) Written notice to the participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (i) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law. or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (ii) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project is approved; (Iii) The person is ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotiations. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of project. For purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994] 1583.315 Resident rent. (a) Calculation of resident rent. Each resident of supportive housing may be required to pay as rent an amount determined by the recipient which may not exceed the highest of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses and child care expenses). The calculation of the family's monthly adjusted income must include the expense deductions provided in 24 CFR 5.611 (a), and for persons with disabilities, the calculation of the family's monthly adjusted income also must include the disallowance of earned income as provided in 24 CFR 5.617, if applicable; Consolidated Grant Agreement Page 20 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 24 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 (2) 10 percent of the family's monthly gross income; or (3) If the family i~ receiving payments for welfare assistance from a public agency and a part of tl)e payments, adjusted In accordance ~ith the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payment that is designated for housing costs. (b) Use of rent. Resident rent may be used In the operation of the project or may be reserved in whole or in part, to assist residents of transitional housing in moving to permanent housing. ' (c) Fees. In addition to resident rent, recipients may charge residents reasonable fees for services not paid with grant funds. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994; 66 FR 6225, Jan. 19, 2001] S 583.320 Site control. (a) Site control. (1) Where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used to provide supportive services except where an applicant will provide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a grant agreement (e.g., through a deed, lease, executed contract of sale). If such site control is not demonstrated within one year after initial notification of the award of assistance under this part, the grant will be deobligated as provided in paragraph (c) of this section. (2) Where grant funds will be used to lease all or part of a structure to provide supportive housing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventually control the units, site control need not be demonstrated. (b) Site change. (1) A recipient may obtain ownership or control of a suitable site different from the one specified in its application. Retention of an assistance award is subject to the new site's meeting all requirements under this part for suitable sites. (2) If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must provide for all additional costs. If the recipient is unable to demonstrate to HUD that it is able to provide for the difference in costs, HUO may deobligate the award of assistance. (c) Failure to obtain site control within one year. HUO will recapture or deobligate any award for assistance under this part If the recipient is not in control of a suitable site before the expiration of one year after initial notification of an award. S 583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons are required, within the designated population, to comply with these requirements for nondiscrimination on the basis of race. color, religion, sex, national origin. age, familial status, and disability. Consolidated Grant Agreement Page 21 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 25 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL0294B4D060802 (b) Nondiscrimination and equal opportunity requirements. The nondiscrimination and equal opportunity requirements set forth at part 5 of this title apply to this program. The Indian CivIl Rights Act (25 U.S.C. 1301 et seq.) applies to tribes when they exercise their powers of self- government, and to Indian housing authorities (I HAs) when established by the exercise of such powers. When an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regulations. (c) Procedures. (1) If the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. (2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) AccessibIlity requirements. The recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section 504 as follows: (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 100.205. (2) Projects in which costs of rehabilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23(a). Other rehabilitation must meet the requirements of 24 CFR 8.23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30,1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30,1996] ~ 583.330 Applicability of other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, use of assistance provided under this part must comply with the following Federal requirements: (a) Flood insurance. (1) The Flood Oisaster Protection Act of 1973 (42 U.S.C 4001-4128) prohibits the approval of applications for assistance for acquisition or construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (i) The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than a year has passed since FEMA notification regarding such hazards; and (Ii) Flood insurance is obtained as a condition of approval of the application. (2) Applicants with supportive housing located in an area identified by FEMA as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation) are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. (b) The Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. Consolidated Grant Agreement Page 22 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27, 2010 Page 26 of 78 07697790 FL0294B4D060802 (c) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Governments) and 24 CFR part 85 apply to the award, acceptance, and use of assistance under the program by governmental entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A.122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive Office Building, Washington, DC 20503, telephone (202) 395-7332. (This Is not a toll-free number.) There is a limit of two free copies. (d) Lead-based paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead. Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under this program. (e) Conflicts of interest. (1) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the reCIpient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decisionmaking under ~ 583.300(f) does not constitute a conflict of interest. (2) Upon the written request of the recipient, HUD may grant an exception to the provisions of raragraPh (e)(1) of this section on a case-by-case basis when it determines that the exception wil serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the following: (I) For States and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the pUblic disclosure was made; and (ii) For all recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e )(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (I) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (ii) Whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decisionmaking process with respect to the specific assisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (e)(1) of this section; (v) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict: and Consolidated Grant Agreement Page 23 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal Agenda Item No. 16010 April 27,2010 Page 27 of 78 07697790 FL0294B4D060802 (vi) Any other relevant considerations. (f) Audit. The financial management systems used by recipients under this program must provide for audits in accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as it finds necessary or appropriate. (g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to this program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 1999] Subpart E--Administration S 583.400 Grant agreement. (a) General. The duty to provide supportive housing or supportive services In accordance with the requirements of this part will be incorporated in a grant agreement executed by HUD and the recipient. (b) Enforcement. HUD will enforce the obligations in the grant agreement through such action as may be appropriate, including repayment of funds that have already been disbursed to the recipient. S 583.405 Program changes. (a) HUD approval. (1) A recipient may not make any significant changes to an approved program without prior HUD approval. Significant changes include, but are not limited to, a change in the recipient, a change in the project site. additions or deletions in the types of activities listed in ~ 583.100 of this part approved for the program or a shift of more than 10 percent of funds from one approved type of activity to another, and a change in the category of participants to be served. Depending on the nature of the change, HUD may require a new certification of consistency with the consolidated plan (see ~ 583.155). (2) Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected. (b) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 3D, 1996] S 583.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUO and the applicant execute a grant agreement, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases. After the initial obligation of funds, HUD will not make revisions to increase the amount obligated. (c) Deobligation. (1) HUD may deobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or new construction: Consolidated Grant Agreement Page 24 03/17/2010 Agenda Item No. 16D1 0 April 27, 2010 Page 28 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - HMIS Renewal 07697790 FL029484D060802 (i) If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is less than the total cost anticipated in the application; or (Ii) If proposed activities for which funding was approved are not begun within three months or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deobligate the amounts for annual leasing costs, operating costs or supportive services in any year: (i) If the actual leasing costs, operating costs or supportive services for that year are less than the total cost anticipated in the application; or (ii) If the proposed supportive housing operations are not begun within three months after the units are available for occupancy. (3) The grant agreement may set forth in detail other circumstances under which funds may be deobllgated, and other sanctions may be imposed. (4) HUD may: . (i) Readvertise the availability of funds that have been deobllgated under this section in a notice of fund availability under ~ 583.200, or (Ii) Award deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. Consolidated Grant Agreement Page 25 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 29 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal 07697790 FL0295B40060a02 Grant Number: FL0295B4D060802 Award Amount: $113,000 Recipient: Collier County Board of County Commissioners, 3301 Tamlaml Trail East, Naples, Florida 34112 Tax 10#: 59-6000558 Project Name: FL-606 - Ren - Shelter Transitional Housing Renewal Component Type: TH ' Official Contact Person: Mr. Fred W. Coyle, Chairman, County Board of Commissioners Emall Address:fredcoyle@colllergov.net Phone: (239) 252-8097 Fax: (239) n 4-3602 2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. Consolidated Grant Agreement Page 1 03/24/2010 , . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 30 of 78 07697790 FL0295B40060802 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter 'the Act'). The term 'granf or 'grant funds' means the assistance provided under this A~reement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published December 29, 2008 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http://www.hud.gov/offlces/adm/grants/nofa09/cocsec.pdf. The term 'Application' means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any r.rovision contained herein, this Renewal Grant Agreement shall contro. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 31 of 78 07697790 FL029584D060802 For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of Initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty rears, but shall be for the term of the grant agreement and any renewa thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Grant Agreement Page 3 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 32 of 78 07697790 FL0295B4D060802 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUO's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory Judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUO that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUO and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUO. Consolidated Grant Agreement Page 4 03/24/2010 April 27, 2010 ,,- Pag9 3'3 Of 7A Applicant: Collier County Board of County Commissioners Project: FL-606-Ren-Sheltcr for Abused Women & Olildren 0769n90 FL029SB4D060802 ! J SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMFRICA Secretary of Housing and Urban Development By. ~~~#3-~v-~ .", gnature and Date Maria. Rosa. Ortiz. Hill Print name of signatory _ Director. Commnnity Plannin~ and Dcvclooment Title RECIPIENT Collier County Board of Countv Commissioners Name of Organization By: Authorized Signature and Date h-cd W COLi \e. Print name of signatory Countv Administralor Title ATTEST: DWIGHT E. BROCK. Clerk By: Colleen Greene, Asslstant County Attorney I Consolidated Grant Agreement Page S 03/2412010 1 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 34 of 78 07697790 FL0295B4D060802 -'1 ATTACHMENT A 1. The recipient is Collier County Board of County Commissioners. 2. HUD's total fund obligation for this project is $113,000, which shall be allocated as follows: Leasing $0 Supportive services $92,900 Operating costs $20,100 HMIS $0 Administration $0 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, If the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. -" ) Consolidated Grant Agreement Page 6 03/24/2010 . . Agenda Item No. 16010 April 27. 2010 Page 35 of 78 07697790 FL0295B4D060802 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Sec 583.1 583.5 583.100 583.105 583.110 583. 115 583.120 583.125 583.130 583.135 583.140 583.145 583.150 583.155 ATTACHMENT B 24 CFR PART 583-5UPPORTIVE HOUSING PROGRAM Subpart A-General Purpose and scope. Definitions. Subpart B-Assistance Provided Types and uses of assistance. Grants for acquisition and rehabilitation. Grants for new construction. Grants for leasing. Grants for supportive service costs. Grants for operating costs. Commitment of grant amounts for leasing, supportive services, and operating costs. Administrative costs. Technical assistance. Matching requirements. Limitations on use of assistance. Consolidated plan. Subpart C--Application and Grant Award Process 583.200 Application and grant award. 583.230 Environmental review. 583.235 Renewal grants. 583.300 583.305 583.310 583.315 583.320 583.325 583.330 SUbpart D--Program Requirements General operation. Term of commitment; repayment of grants; prevention of undue benefits. Displacement, relocation, and acquisition. Resident rent. Site control. Nondiscrimination and equal opportunity requirements. Applicability of other Federal requirements. Consolidated Grant Agreement Page 7 03/24/2010 , . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 36 of 78 07697790 FL0295B4D060802 Subpart E--Administration 583.400 Grant agreement. 583.405 Program changes. 583.410 Obligation and deobligation of funds. AUTHORITY: 42 U.S.C. 11389 and 3535(d). SOURCE: 58 FR 13871, Mar. 15, 1993, unless otherwise noted. Subpart A--General i 583.1 Purpose and scope. (a) General. The Supportive Housing Program Is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381-11389). The Supportive Housing program is designed to promote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Components. Funds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2) Permanent housing that provides long-term housing for homeiess persons with disabilities; (3) Housing that is, or is part of, a particularly innovative project for, or alternative methods of, meeting the Immediate and long-term needs of homeless persons; or (4) Supportive services for homeless persons not provided in conjunction with supportive housing. [58 FR 13871, Mar. 15,1993, as amended at 61 FR 51175, Sept. 30,1996] i 583.5 Definitions. As used in this part: Applicant is defined in section 422(1) of the McKinney Act (42 U.S.C 11382( 1)). For purposes of this definition, governmental entities include those that have general govemmental powers (such as a city or county), as well as those that have limited or special powers (such as public housing agencies). Consolidated plan means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Date of initial occupancy means the date that the supportive housing is initially occupied by a homeless person for whom HUD provides assistance under this part. If the assistance is for an existing homeless facility, the date of initial occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. Date of initial service provision means the date that supportive services are initially provided with funds under this part to homeless persons who do not reside in supportive housing. This definition applies only to projects funded under this part that do not provide supportive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C 11382(2)). Homeless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.C 11302). Consolidated Grant Agreement Page 8 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL.606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 37 of 78 07697790 FL0295B4D060802 Metropolitan city Is defined in section 1 02(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(4)). In general, metropolitan cities are those cities that are eligible for an entitlement grant under 24 CFR part 570, subpart D. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U.S.C 11382(5)). Outpatient health services is defined In section 422(6) of the McKinney Act (42 U.S.C. 11382(6)). Permanent housing for homeless persons with disabilities is defined in section 424(c) of the McKinney Act (42 U.S.C 11384(c)). Private nonprofit organization Is defined in section 422(7) (A), (B), and (D) of the McKinney Act (42 U.S.C. 11382(7) (A), (B), and (D)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles. Project is defined in sections 422(8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined in section 422(9) of the McKinney Act (42 U.S.C. 11382(9)). Rehabilitation means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabilitation does not include minor or routine repairs. State is defined in section 422(11) of the McKinney Act (42 U.S.C. 11382(11)). Supportive housing is defined in section 424(a) of the McKinney Act (42 U.S.C. 11384(a)). Supportive services is defined in section 425 of the McKinney Act (42 U.S.C 11385). Transitional housing is defined In section 424(b) of the McKinney Act (42 U.S.C. 11384(b)). See also ~ 583.3000). Tribe is defined in section 102 of the Housing and Community Oevelopment Act of 1974 (42 U.S.C. 5302). Urban county is defined in section 102(a)(6) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(6)). In general, urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. [61 FR 51175, Sept. 30, 1996J Subpart B--Assistance Provided i 583.100 Types and uses of assistance. (a) Grant assistance. Assistance in the form of grants is available for acquisition of structures, rehabilitation of structures, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and supportive services, as described in ~~ 583.105 through 583.125. Applicants may apply for more than one type of assistance. Consolidated Grant Agreement Page 9 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 38 of 78 07697790 FL0295B4D060802 (b) Uses of grant assistance. Grant assistance may be used to: (1) Establish new supportive housing facilities or new facilities to provide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons served; (3) Bring existing facilities up to a level that meets State and local government health and safety standards;. (4) Provide additional supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; (5) Purchase HUD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291: and (6) Continue funding supportive housing where the recipient has received funding under this part for leasing, supportive services, or operating costs. (c) Structures used for multiple purposes Structures used to provide supportive housing or supportive services may also be used for other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. (d) Technical assistance. HUD may offer technical assistance, as described in 9 583.140. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994] i 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to recipients to: (1) Pay a portion of the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing or supportive services, including the repayment of any outstanding debt on a loan made to purchase property that has not been used previously as supportive housing or for supportive services; (2) Pay a portion of the cost of rehabilitation of structures, including cost effective energy measures, selected by the recipients to provide supportive housing or supportive services; or (3) Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a)(1) and (2) of this section. (b) Amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: (1) $200,000: or (2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Increased amounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,000, may be available. Consolidated Grant Agreement Page 10 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 39 of 78 07697790 FL0295B4D060802 S 583.110 Grants for new construction. (a) Use. HUD will grant funds to recipients to pay a portion of the cost of new construction, including cost-effectlve energy measures and the cost of land associated with that construction. for use in the provision of supportive housing. If the grant funds are used for new construction. the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation or that there is a lack of available appropriate units that could be rehabilitated at a cost less than new construction. For purposes of this cost comparison, costs associated with rehabilitation or new construction may Inctude the cost of real property acquisition. (b) Amount. The maximum grant available for new construction is the lower of: (1) $400,000; or (2) The total cost of the new construction, including the cost of land associated with that construction. minus the applicant's contribution toward the cost of same. S 583.115 Grants for leasing. (a) General. HUD will provide grants to pay (as described in ~ 583.130 of this part) for the actual costs of leasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b)(1) Leasing structures. Where ~rants are used to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable space. (2) Leasing individual units. Where grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities. facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994] S 583.120 Grants for supportive services costs. (a) General. HUO will provide grants to pay (as described in 9 583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by the recipient or by arrangement with public or private service providers. (b) Supportive services costs. Costs associated with providing supportive services include salaries paid to providers of supportive services and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include the costs of services provided to former residents of transitional housing to assist their adjustment to independent living. Such services may be provided for up to six months after they leave the transitional housing facility. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891. July 19, 1994] Consolidated Grant Agreement Page 11 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 40 of 78 07697790 FL0295B4D060802 t 583.125 Grants for operating costs. (a) General. HUD will provide grants to pay a portion (as described in ~ 583.130) of the actual operating costs of supportive housing for up to five years. (b) Operating costs. Operating costs are those associated with the day-today operation of the supportive housing. Ther also include the actual expenses that a recipient incurs for conducting on-going assessments 0 the supportive services needed by residents and the availability of such services; relocation assistance under ~ 583.310, including payments and services; and insurance. (c) Recipient match requirement for operating costs. Assistance for operating costs will be available for up to 75 percent of the total cost in each year of the grant term. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each operating year. the recipient must demonstrate that it has met its match requirement of the costs for that year. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12. 2000] t 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUO will obligate amounts for a period not to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation, less the recipienfs share of operating costs. (Approved by the Office of Management and Budget under OMB control number 2506-0112) [59 FR 36891, July 19,1994] t 583.135 Administrative costs. (a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance. (b) Administrative costs. Administrative costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs related to administering the grant after the award, and staff salaries associated with these administrative costs. They do not include the costs of carrying out eligible activities under ~~ 583.105 through 583.125. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996] t 583.140 Technical assistance. Consolidated Grant Agreement Page 12 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 41 of 78 07697790 FL0295B4D060802 (a) General. HUD may set aside funds annually to provide technical assistance, either directly by HUD staff or indirectly through third-party providers, for any supportive housing project. This technical assistance is for the purpose of promoting the development of supportive housing and supportive services as part of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homeless ness, and promoting the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Uses of technical assistance. HUD may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive housing or services for homeless persons, for supportive housing projects. The assistance may include, but is not limited to, written information such as papers, monographs, manuals, guides, and brochures; person-to-person exchanges; and training and related costs. (c) Selection of providers. From time to time, as HUD determines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, July 19,1994] t 583.145 Matching requirements. (a) General. The recipient must match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or more of the following: the recipient, the Federal government, State and local governments, and private resources, in accordance with 42 U .S.C. 11386. This statute provides that a recipient may use funds from any source, including any other Federal source (but excluding the specific statutory subtitle from which Supportive Housing Program funds are provided), as well as State, local, and private sources are not statutorily prohibited to be used as a match. It is the responsibility of the recipient to ensure that any funds used to satisfy the matching requirements of this section are eligible under the laws goveming the funds to be used as matching funds for a grant awarded under this program. (c) Maintenance of effort. State or local government funds used in the matching contribution are subject to the maintenance of effort requirements described at ~ 583.150(a). i 583.150 Limitations on use of assistance. (a) Maintenance of effort. No assistance provided under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Housing Program. Neither the Federal government nor a State or local government receiving funds under Supportive Housing programs shall discriminate against an organization on the basis ofthe organization's religious character or affiliation. (2) Organizations that are directly funded under the Supportive Housing Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. Consolidated Grant Agreement Page 13 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 42 of 78 07697790 FL0295B4D060802 (3) A religious organization that participates in the Supportive Housing Program will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that It does not use direct Supportive Housing Program funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith- based organizations may use space in their facilities to provide Supportive Housing Program- funded services, without removing religious art, Icons, scriptures, or other religious symbols. In addition, a Supportive Housing Program-funded religious organization retains its authority over Its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. (4) An organization that participates in the Supportive Housing Program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (5) Program funds may not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Program funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conductin~ eligible activities under this part. Where a structure is used for both eligible and inherently religious activities, program funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to Supportive Housing Program funds in this part. Sanctuaries, chapels, or other rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of worship, however, are ineligible for Supportive Housing Program-funded improvements. Disposition of real property after the term of the grant. or any change in use of the property dunng the term of the grant, is subject to government-wide regulations goveming real property disposition (see 24 CFR parts 84 and 85). (6) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this section applies to all of the commingled funds. (c) Participant control of site. Where an applicant does not propose to have control of a site or sites but rather proposes to assist a homeless family or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family or individual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilitation, or new construction. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1993; 68 FR 56407, Sept. 30, 2003] . i 583.155 Consolidated plan. (a) Applicants that are States or units of general local government. The applicant must have a HUD-approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submit a certification that the application for funding is consistent with the HUD- approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States or units of general local government. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions of the consolidated plan regulations, 24 CFR part 91, subpart F. Consolidated Grant Agreement Page 14 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 43 of 78 07697790 FL0295B40060802 (c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the Northern Mariana Islands. These entities are not required to have a consolidated plan or to make consolidated plan certifications. An application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apply. (d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOFA, the required certification that the application for funding is consistent with the HUD- approved consolidated plan must be submitted by the funding application submission deadline announced In the NOFA. [60 FR 16380, Mar. 30, 1995] Subpart C-Applicatlon and Grant Award Process S 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the Initial funding period. To be considered for renewal funding for leasing, operating costs, or supportive services, recipients must submit a request for such funding in the form specified by HUD, must meet the requirements of this part, and must submit requests within the time period established by HUD. (b) Assistance available. The first renewal will be for a period of time not to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy or the date of initial service provision, as applicable. Any subsequent renewal will be for a period of time not to exceed five years. Assistance during each year of the renewal period, subject to maintenance of effort requirements under ~ 583.150(a) may be for: (1) Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding period; (2) Up to the amount of HUD assistance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. (c) HUD review. (1) HUD will review the request for renewal and will evaluate the recipient's performance in prevIous years against the plans and goals established in the initial application for assistance, as amended. HUD will approve the request for renewal unless the recipient proposes to serve a population that Is not homeless, or the recipient has not shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent living. In determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For recipients with a poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by technical assistance providers. Other factors which will affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site. Consolidated Grant Agreement Page 15 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 44 of 78 07697790 FL0295B4D060802 (2) HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (3) HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) Subpart D-.program Requirements I 583.300 General operation. (a) State and local requirements. Each recipient of assistance under this part must provide housing or services that are in compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for such variations as are proposed by the recipient and approved by HUD, supportive housing must meet the following requirements: (1) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide altemate means of egress in case of fire. (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings Each resident must be provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. Consolidated Grant Agreement Page 16 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 45 of 78 07697790 FL0295B4D060802 (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, In a hallway adjacent to a bedroom. If the ~nit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoing assessment of supportive services. Each recipient of assistance under this part must conduct an ongoing assessment of the supportive services required by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential supervision. Each recipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housin~. Residential supervision may include the employment of a full- or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. (f) Participation of homeless persons. (1) Each recipient must provide for the participation of homeless persons as required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)). This requirement is waived if an applicant is unable to meet it and presents a plan for HUe approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also ~ 583.330(e). (2) Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless Individuals and families, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project. (g) Records and reports. Each recipient of assistance under this part must keep any records and make any reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUe may require within the timeframe required. (h) Confidentiality. Each recipient that provides family violence prevention or treatment services must develop and implement procedures to ensure: (1) The confidentiality of records pertaining to any individual services; and (2) That the address or location of any project assisted will not be made public, except with written authorization of the person or persons responsible for the operation of the project. (3) Prompt written notice of the final decision to the participant. m Limitation of stay in transitional housing. A homeless individual or family may remain in transitional housing for a period longer than 24 months, if permanent housing for the individual or family has not been located or if the individual or family requires additional time to prepare for independent living. However, HUD may discontinue assistance for a transitional housing project if more than half of the homeless individuals or families remain in that project longer than 24 months. Consolidated Grant Agreement Page 17 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 46 of 78 07697790 FL0295B4D060802 (k) Outpatient health services. Outpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Health and Human Services (HHS). Upon receipt of an application that proposes the provision of outpatient health services, HUD will consult with HHS with respect to the appropriateness of the proposed services. (I) Annual assurances. Recipients who receive assistance only for leasing, operating costs or supportive services costs must provide an annual assurance for each year such assistance is received that the project will be operated for the purpose specified in the application. (Approved by the Office of Management and Budget under control number 2506-0112) [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,1994; 61 FR 51176, Sept 30, 1996] S 583.305 Term of commitment; repayment of grants; prevention of undue benefits. (a) Term of commitment and conversion. Recipients must agree to operate the housing or provide supportive services in accordance with this p'art and with sections 423 (b)(1) and (b)(3) of the McKinney Act (42 U.S.C. 11383(b)(1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefits. In accordance with section 423(c) of the McKinney Act (42 U.S.C. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized conversion of the project under section 423(b)(3) of the McKinney Act (42 U.S.C. 11383(b)(3)). [61 FR 51176, Sept. 30, 1996] S 583.310 Displacement, relocation, and acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements. The acquisition of real property for supportive housing is subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1) The recipient must certify (Le., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2) The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. (3) The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. Consolidated Grant Agreement Page 18 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 47 of 78 07697790 FL0295B4D060802 (e) Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a "displaced person," or the amount of relocation assistance for which the person is eligible, may file a written appeal of that determination with the recipient. A low-income person who Is dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of displaced person. (1) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this part. The term "displaced person" includes, but may not be limited to: (i) A person that moves permanently from the real property after the property owner (or person in control of the site) Issues a vacate notice, or refuses to renew an expiring lease in order to evade the responsibility t() provide relocation assistance, if the move occurs on or after the date the recipient submits to HUD the application or application amendment designating the project site. (ii) Any person, including a person who moves before the date described in paragraph (f)(1)(1) of this section, If the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (Iii) A tenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (~) of this section) if the move occurs before the tenant has been provided written notice offenng him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/ complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must include a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, but does not return to the building/complex, if either: (A) A tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, or (8) Other conditions of the temporary relocation are not reasonable. (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required to move to another unit in the same building/complex, if either: (A) The tenant is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move; or (B) Other conditions of the move are not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, a person does not qualify as a "displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i) Termination of housing assistance Consolidated Grant Agreement Page 19 03/24/2010 . . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 48 of 78 07697790 FL0295B4D060802 The recipient may terminate assistance to a participant who violates program requirements. Recipients should terminate assistance only in the most severe cases. Recipients may resume assistance to a participant whose assistance was previously terminated. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (1) Written notice to the participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (I) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (ii) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, Its pOSSible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project is approved; (iii) The person is ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUO's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotiations. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of project. For purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,1994] i 583.315 Resident rent. (a) Calculation of resident rent. Each resident of supportive housing may be required to pay as rent an amount determined by the recipient which may not exceed the highest of: (1) 30 fercent of the family's monthly adjusted income (adjustment factors include the number 0 people in the family, age of family members, medical expenses and child care expenses). The calculation of the family's monthly adjusted income must include the expense deductions provided in 24 CFR 5.611 (a), and for persons with disabilities, the calculation of the family's monthly adjusted income also must include the disallowance of eamed income as provided in 24 CFR 5.617, if applicable; Consolidated Grant Agreement Page 20 03/24/2010 , . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 49 of 78 07697790 FL0295B4D060802 (2) 10 percent of the family's monthly gross income; or (3) If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payment that is designated for housing costs. (b) Use of rent. Resident rent may be used in the operation of the project or may be reserved, in whole or in part, to assist residents of transitional housing in moving to permanent housing. (c) Fees. In addition to resident rent, recipients may charge residents reasonable fees for services not paid with grant funds. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,1994;66 FR 6225, Jan. 19, 2001] S 583.320 Site control. (a) Site control. (1) Where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used to provide supportive services except where an applicant will provide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a grant agreement (e.g., through a deed, lease, executed contract of sale). If such site control is not demonstrated within one year after initial notification of the award of assistance under this part, the grant will be deobligated as provided in paragraph (c) of this section. (2) Where grant funds will be used to lease all or part of a structure to provide supportive housing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventually control the units, site control need not be demonstrated. (b) Site change. (1) A recipient may obtain ownership or control of a suitable site different from the one specified in its application. Retention of an assistance award is subject to the new site's meeting all requirements under this part for suitable sites. (2) If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must provide for all additional costs. If the recipient is unable to demonstrate to HUD that it is able to provide for the difference in costs, HUD may deobligate the award of assistance. (c) Failure to obtain site control within one year. HUD will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the expiration of one year after initial notification of an award. i 583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons are required, within the designated population, to comply with these requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status, and disability. Consolidated Grant Agreement Page 21 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 50 of 78 07697790 FL0295B4D060802 (b) Nondiscrimination and equal opportunity requirements. The nondiscrimination and equal opportunity requirements set forth at part 5 of this title apply to this program. The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to tribes when they exercise their powers of self- government, and to Indian housing authorities (IHAs) when established by the exercise of such powers. When an IHA Is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regUlations. (c) Procedures. (1) If the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient must establish additional procedures that will ensure that such persons can obtain information concerning availability of the housing. (2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) Accessibility requirements. The recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section 504 as follows: (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 100.205. (2) Projects in which costs of rehabilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23(a). Other rehabilitation must meet the requirements of 24 CFR 8.23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30,1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30,1996] I 583.330 Applicability of other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, use of assistance provided under this part must comply with the following Federal requirements: (a) Flood insurance. (1) The Flood DisasterProtection Act of 1973 (42 U.S.C 4001-4128) prohibits the approval of applications for assistance for acquisition or construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (i) The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than a year has passed since FEMA notification regarding such hazards; and (Ii) Flood insurance is obtained as a condition of approval of the application. (2) Applicants with supportive housing located in an area identified by FEMA as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation) are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. (b) The Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. Consolidated Grant Agreement Page 22 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 51 of 78 07697790 FL0295B40060802 (c) Applicability of OMB Circulars. The policies, guidelines. and requirements of OMB Circular No. A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Govemments) and 24 CFR part 85 apply to the award. acceptance, and use of assistance under the program by govemmental entities. and OMB Circular Nos. A.110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive Office Buildin~. Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-free number.) There IS a limit of two free copies. (d) Lead-based paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under this program. (e) Conflicts of interest. (1) In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who Is in a position to participate In a decisionmaking process or gain inside Information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an Interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decisionmaking under ~ 583.300(f) does not constitute a conflict of interest. (2) Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the following: (i) For States and other govemmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (Ii) For all recipients, an opinion of the recipient's attorney that the interest for which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph {e)(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (ii) Whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (Iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (e){1) of this section; (v) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and Consolidated Grant Agreement Page 23 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 52 of 78 07697790 FL0295B4D060802 (vi) Any other relevant considerations. (f) Audit. The financial management systems used by recipients under this program must provide for audits in accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as it finds necessary or appropriate. (g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to this program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 1999] Subpart E-Administration t 583.400 Grant agreement. (a) General. The duty to provide supportive housing or supportive services in accordance with the requirements of this part will be Incorporated in a grant agreement executed by HUD and the recipient. (b) Enforcement. HUD will enforce the obligations in the grant agreement through such action as may be appropriate, including repayment of funds that have already been disbursed to the recipient. t 583.405 Program changes. (a) HUD approval. (1) A recipient may not make any si~niflcant changes to an approved program without prior HUD approval. Significant changes Include, but are not limited to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in ~ 583.100 of this part approved for the program or a shift of more than 10 percent of funds from one approved type of activity to another, and a change in the category of participants to be served. Depending on the nature of the change, HUD may require a new certification of consistency with the consolidated plan (see ~ 583.155). (2) Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected. (b) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 1996] t 583.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a grant agreement, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases. After the initial obligation of funds, HUD will not make revisions to increase the amount obligated. (c) Deobligation. (1) HUD may deobligate all or parts of grants for acquisition, rehabilitation, acquisition and rehabilitation, or new construction: Consolidated Grant Agreement Page 24 03/24/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Shelter Transitional Housing Renewal Agenda Item No. 16010 April 27, 2010 Page 53 of 78 07697790 FL0295B4D060802 (I) If the actual total cost of acquisition, rehabilitation, acquisition and rehabilitation, or new construction is less than the total cost anticipated in the application; or (ii) If proposed activities for which funding was approved are not begun within three months or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deobligate the amounts for annual leasing costs, operating costs or supportive services in any year: (i) If the actual leasing costs, operating costs or supportive services for that year are less than the total cost anticipated in the application; or (ii) If the proposed supportive housing operations are not begun within three months after the units are available for occupancy. (3) The grant agreement may set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. (4) HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability under ~ 583.200, or (ii) Award deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. Consolidated Grant Agreement Page 25 03/24/2010 r-:--- r' Agenda Item No. 16010 April 27, 2010 Page 54 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B40060802 Grant Number: FL0296B4D060802 Award Amount: $113,116 Recipient: Collier County Board of County Commissioners, 3301 Tamiaml Trail East, Naples, Florida 34112 TaxID#:59-6000558 Project Name: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Component Type: PH Official Contact Person: Mr. Fred W. Coyle, Chairman, County Board of Commissioners Email Address:fredcoyle@colliergov.net Phone: (239) 252-8097 Fax: (239) 774-3602 2009 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. Consolidated Grant Agreement Page 1 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 55 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter 'the Act'). The term 'grant' or 'grant funds' means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published December 29, 2008 at 73 FR 79548, and the second part was the Continuum of Care Homeless Assistance Programs NOFA Section of the NOFA, which is located at http://www.hud.gov/offices/adm/grants/nofa09/cocsec.pdf. The term 'Application' means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any Information or documentation required to meet any grant award conditions. The Application is Incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. Consolidated Grant Agreement Page 2 03/17/2010 ,. Applicant: Collier County Board of County Commissioners Project: FL-606 . Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 56 of 78 07697790 FL0296B4D060802 For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Consolidated Grant Agreement Page 3 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 57 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing: or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence In any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. Consolidated Grant Agreement Page 4 03/17/2010 ATTEST: DWIGHT E. BROCK. a.k By: Applicant: Collier County Board of County Commissioners Project: FL-lS06-Ren~ Wo~e Apartments Supportive Housing SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development BY~~h-/.P70 tV Signature and Date Maria Rosa. Ortiz-Hill Print name of signatory Director. Communitv Plannin, and DeveJo,pment Title RECIPIENT Collier Collllty Board of Cowty Commill.sioners Name of Organization By: Authorized Signature and Date F,-eel W, Co0r>- Print name of &ignatory County Administrator Title roved as 10 form & leg8lsufflclency Colleen Greene, AssIstant County Attomey I Consolidated Grant Agreement Page S 07697790 Project # FL0296B4D060802 03/1712010 I Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 59 of 78 07697790 FL0296B4D060802 ATTACHMENT A 1. The recipient is Collier County Board of County Commissioners. 2. HUD's total fund obligation for this project is $113,116, which shall be allocated as follows: Leasing $0 Su pportive services $34,230 Operating costs $73,500 HMIS $0 Administration $5,386 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Consolidated Grant Agreement Page 6 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 60 of 78 07697790 FL0296B4D060802 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Sec 583.1 583.5 583.100 583.105 583.110 583.115 583.120 583.125 583.130 583.135 583.140 583.145 583.150 583.155 583.200 583.230 583.235 583.300 583.305 583.310 583.315 583.320 583.325 583.330 ATTACHMENT B 24 CFR PART 583--SUPPORTIVE HOUSING PROGRAM Subpart A--General Purpose and scope. Definitions. Subpart B--Assistance Provided Types and uses of assistance. Grants for acquisition and rehabilitation. Grants for new construction. Grants for leasing. Grants for supportive service costs. Grants for operating costs. Commitment of grant amounts for leasing, supportive services, and operating costs. Administrative costs. Technical assistance. Matching requirements. Limitations on use of assistance. Consolidated plan. Subpart C--Application and Grant Award Process Application and grant award. Environmental review. Renewal grants. Subpart D--program Requirements General operation. Term of commitment; repayment of grants; prevention of undue benefits. Displacement, relocation, and acquisition. Resident rent. Site control. Nondiscrimination and equal opportunity requirements. Applicability of other Federal requirements. Page 7 03/17/2010 Consolidated Grant Agreement Agenda Item No. 16010 April 27, 2010 Page 61 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 Subpart E--Administration 583.400 583.405 583.410 Grant agreement Program changes. Obligation and deobligation of funds. AUTHORITY: 42 U.S.C. 11389 and 3535(d). SOURCE: 58 FR 13871, Mar. 15, 1993, unless otherwise noted. Subpart A-General i 583.1 Purpose and scope. (a) General. The Supportive Housing Program is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 U.S.C. 11381-11389). The Supportive Housing program Is designed to promote the development of supportive housing and supportive services, including innovative approaches to assist homeless persons in the transition from homelessness, and to promote the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Components. Funds under this part may be used for: (1) Transitional housing to facilitate the movement of homeless individuals and families to permanent housing; (2) Permanent housing that provides long-term housing for homeless persons with disabilities; (3) Housing that is, or is part of, a particularly innovative project for, or alternative methods of, meeting the immediate and long-term needs of homeless persons; or (4) Supportive services for homeless persons not provided in conjunction with supportive housing. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30.1996] i 583.5 Definitions. As used in this part: Applicant is defined in section 422(1) of the McKinney Act (42 U.S.C 11382(1)). For purposes of this definition, governmental entities include those that have general governmental powers (such as a city or county), as well as those that have limited or special powers (such as public housing agencies). Consolidated plan means the plan that a jurisdiction prepares and submits to HUD in accordance with 24 CFR part 91. Date of initial occupancy means the date that the supportive housing is initially occupied by a homeless person for whom HUO provides assistance under this part. If the assistance is for an existing homeless facility, the date of initial occupancy is the date that services are first provided to the residents of supportive housing with funding under this part. Date of initial service provision means the date that supportive services are initially provided with funds under this part to homeless persons who do not reside in supportive housing. This definition applies only to projects funded under this part that do not provide supportive housing. Disability is defined in section 422(2) of the McKinney Act (42 U.S.C 11382(2)). Homeless person means an individual or family that is described in section 103 of the McKinney Act (42 U.S.C 11302). Consolidated Grant Agreement Page 8 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 62 of 78 07697790 FL0296B4D060802 Metropolitan city is defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(4)). In general, metropolitan cities are those cities that are eligible for an entitlement grant under 24 CFR part 570, subpart D. New construction means the building of a structure where none existed or an addition to an existing structure that increases the floor area by more than 100 percent. Operating costs is defined in section 422(5) of the McKinney Act (42 U.S.C 11382(5)). Outpatient health services Is defined in section 422(6) of the McKinney Act (42 U.S.C. 11382(6)). Permanent housing for homeless persons with disabilities is defined in section 424(c) of the McKinney Act (42 U.S.C 11384(c)). Private nonprofit organization Is defined in section 422(7) (A), (8), and (D) of the McKinney Act (42 U.S.C. 11382(7) (A), (B), and (0)). The organization must also have a functioning accounting system that is operated in accordance with generally accepted accounting principles, or designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles. Project is defined in sections 422(8) and 424(d) of the McKinney Act (42 U.S.C. 11382(8), 11384(d)). Recipient is defined In section 422(9) of the McKinney Act (42 U.S.C. 11382(9)). Rehabilitation means the improvement or repair of an existing structure or an addition to an existing structure that does not increase the floor area by more than 100 percent. Rehabilitation does not include minor or routine repairs. State is defined In section 422(11) of the McKinney Act (42 U.S.C. 11382(11)). Supportive housing is defined in section 424{a) of the McKinney Act (42 U.S.C. 11384{a)). Supportive services is defined in section 425 of the McKinney Act (42 U.S.C 11385). Transitional housing is defined in section 424(b) of the McKinney Act (42 U.S.C. 11384{b)). See also ~ 583.3000). Tribe is defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302). Urban county is defined in section 102(a)(6) of the Housing and Community Development Act of 1974 (42 U.S.C 5302(a)(6)). In general, urban counties are those counties that are eligible for an entitlement grant under 24 CFR part 570, subpart D. [61 FR 51175, Sept. 30, 1996] Subpart B.-Assistance Provided I 583.100 Types and uses of assistance. (a) Grant assistance. Assistance in the form of grants is available for acquisition of structures, rehabilitation of structures, acquisition and rehabilitation of structures, new construction, leasing, operating costs for supportive housing, and supportive services, as described in ~~ 583.105 through 583.125. Applicants may apply for more than one type of assistance. Consolidated Grant Agreement Page 9 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 Apri/27,2010 Page 63 of 78 07697790 FL0296B4D060B02 (b) Uses of grant assistance. Grant assistance may be used to: (1) Establish new supportive housing facilities or new facilities to provide supportive services; (2) Expand existing facilities in order to increase the number of homeless persons served; (3) Bring existing facilities up to a level that meets State and local government health and safety standards;. (4) Provide additional supportive services for residents of supportive housing or for homeless persons not residing in supportive housing; (5) Purchase HUD-owned single family properties currently leased by the applicant for use as a homeless facility under 24 CFR part 291; and (6) Continue funding supportive housing where the recipient has received funding under this part for leasing, supportive services, or operating costs. (c) Structures used for multiple purposes Structures used to provide supportive housing or supportive services may also be used for other purposes, except that assistance under this part will be available only in proportion to the use of the structure for supportive housing or supportive services. (d) Technical assistance. HUD may offer technical assistance, as described in ~ 583.140. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19,1994] S 583.105 Grants for acquisition and rehabilitation. (a) Use. HUD will grant funds to recipients to: (1) Pay a portion of the cost of the acquisition of real property selected by the recipients for use in the provision of supportive housing or supportive services, including the repayment of any outstanding debt on a loan made to purchase property that has not been used previously as supportive housing or for supportive services; (2) Pay a portion of the cost of rehabilitation of structures, Including cost effective energy measures, selected by the recipients to provide supportive housing or supportive services; or (3) Pay a portion of the cost of acquisition and rehabilitation of structures, as described in paragraphs (a}(1) and (2) of this section. (b) Amount. The maximum grant available for acquisition, rehabilitation, or acquisition and rehabilitation is the lower of: (1) $200,000; or (2) The total cost of the acquisition, rehabilitation, or acquisition and rehabilitation minus the applicant's contribution toward the cost. (c) Increased amounts. In areas determined by HUD to have high acquisition and rehabilitation costs, grants of more than $200,000, but not more than $400,000, may be available. Consolidated Grant Agreement Page 10 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren . Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 64 of 78 07697790 FL0296B4D060802 i 583.110 Grants for new construction. (a) Use. HUD will grant funds to recipients to pay a portion of the cost of new construction, including cost-effective energy measures and the cost of land associated with that construction, for use in the provision of supportive housing. If the fiJrant funds are used for new construction, the applicant must demonstrate that the costs associated with new construction are substantially less than the costs associated with rehabilitation or that there Is a lack of available appropriate units that could be rehabilitated at a cost less than new construction. For purposes of this cost comparison, costs associated with rehabilitation or new construction may include the cost of real property acquisition. (b) Amount The maximum grant available for new construction is the lower of: (1) $400,000; or (2) The total cost of the new construction, including the cost of land associated with that construction, minus the applicant's contribution toward the cost of same. i 583.115 Grants for leasing. (a) General. HUD will provide grants to pay (as described in ~ 583.130 of this part) for the actual costs of leasing a structure or structures, or portions thereof, used to provide supportive housing or supportive services for up to five years. (b)(1) Leasing structures. Where grants are used to pay rent for all or part of structures, the rent paid must be reasonable in relation to rents being charged in the area for comparable space. In addition, the rent paid may not exceed rents currently being charged by the same owner for comparable space. (2) Leasing individual units. Where grants are used to pay rent for individual housing units, the rent paid must be reasonable in relation to rents being charged for comparable units, taking into account the location, size, type, quality, amenities, facilities, and management services. In addition, the rents may not exceed rents currently being charged by the same owner for comparable unassisted units, and the portion of rents paid with grant funds may not exceed HUD-determined fair market rents. Recipients may use grant funds in an amount up to one month's rent to pay the non-recipient landlord for any damages to leased units by homeless participants. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] i 583.120 Grants for supportive services costs. (a) General. HUD will provide grants to pay (as described in ~ 583.130 of this part) for the actual costs of supportive services for homeless persons for up to five years. All or part of the supportive services may be provided directly by the recipient or by arrangement with public or private service providers. (b) Supportive services costs. Costs associated with providing supportive services include salaries paid to providers of supportive services and any other costs directly associated with providing such services. For a transitional housing project, supportive services costs also include the costs of services provided to former residents of transitional housing to assist their adjustment to independent living. Such services may be provided for up to six months after they leave the transitional housing facility. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36891, July 19, 1994] Consolidated Grant Agreement Page 11 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 65 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 1 583.125 Grants for operating costs. (a) General. HUD will provide grants to pay a portion (as described in ~ 583.130) of the actual operating costs of supportive housing for up to five years. (b) Operating costs. Operating costs are those associated with the day-today operation of the supportive housing. They also include the actual expenses that a recipient incurs for conducting on-going assessments of the supportive services needed by residents and the availability of such services; relocation assistance under ~ 583.310, including payments and services; and insurance. (c) Recipient match requirement for operating costs. Assistance for operating costs will be available for up to 75 percent of the total cost in each year of the grant term. The recipient must pay the percentage of the actual operating costs not funded by HUD. At the end of each operating year, the recipient must demonstrate that it has met its match requirement of the costs for that year. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996; 65 FR 30823, May 12,2000] 1 583.130 Commitment of grant amounts for leasing, supportive services, and operating costs. Upon execution of a grant agreement covering assistance for leasing, supportive services, or operating costs, HUD will obligate amounts for a period not to exceed five operating years. The total amount obligated will be equal to an amount necessary for the specified years of operation, less the recipient's share of operating costs. (Approved by the Office of Management and Budget under OMB control number 2506-0112) [59 FR 36891, July 19, 1994] 1 583.135 Administrative costs. (a) General. Up to five percent of any grant awarded under this part may be used for the purpose of paying costs of administering the assistance. (b) Administrative costs. Administrative costs include the costs associated with accounting for the use of grant funds, preparing reports for submission to HUD, obtaining program audits, similar costs related to administering the grant after the award, and staff salaries associated with these administrative costs. They do not include the costs of carrying out eligible activities under ~~ 583.105 through 583.125. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30,1996] 1583.140 Technical assistance. Consolidated Grant Agreement Page 12 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 66 of 78 07697790 FL0296B4D060802 (a) General. HUO may set aside funds annually to provide technical assistance, either directly by HUD staff or indirectly through third-party providers, for any supportive housing project. This technical assistance is for the purpose of promoting the development of supportive housing and supportive services as part of a continuum of care approach, including innovative approaches to assist homeless persons in the transition from homelessness, and promoting the provision of supportive housing to homeless persons to enable them to live as independently as possible. (b) Uses of technical assistance. HUD may use these funds to provide technical assistance to prospective applicants, applicants, recipients, or other providers of supportive housing or services for homeless persons, for supportive housing projects. The assistance may include, but is not limited to, written information such as papers, monographs, manuals, guides, and brochures; person-ta-person exchanges; and training and related costs. (c) Selection of providers. From time to time, as HUD determines the need, HUD may advertise and competitively select providers to deliver technical assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement the technical assistance. [59 FR 36892, July 19, 1994] t 583.145 Matching requirements.' (a) General. The recipient must match the funds provided by HUD for grants for acquisition, rehabilitation, and new construction with an equal amount of funds from other sources. (b) Cash resources. The matching funds must be cash resources provided to the project by one or more of the following: the recipient, the Federal govemment, State and local governrnents, and private resources, in accordance with 42 U.S.C. 11386. This statute provides that a recipient may use funds from any source, including any other Federal source (but excluding the specific statutory subtitle from which Supportive Housing Program funds are provided), as well as State, local, and private sources are not statutorily prohibited to be used as a match. It is the responsibility of the recipient to ensure that any funds used to satisfy the matching requirements of this section are eligible under the laws governing the funds to be used as matching funds for a grant awarded under this program. (c) Maintenance of effort. State or local government funds used in the matching contribution are subject to the maintenance of effort requirements described at ~ 583.150(a). t 583.150 Limitations on use of assistance. (a) Maintenance of effort. No assistance provided under this part (or any State or local government funds used to supplement this assistance) may be used to replace State or local funds previously used, or designated for use, to assist homeless persons. (b) Faith-based activities. (1) Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in the Supportive Housing Program. Neither the Federal government nor a State or local government receiving funds under Supportive Housin~ programs shall discriminate against an organization on the basis of the organization's religiOUS character or affiliation. (2) Organizations that are directly funded under the Supportive Housing Program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under this part. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under this part, and participation must be voluntary for the beneficiaries of the HUD-funded programs or services. Consolidated Grant Agreement Page 13 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 67 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B40060802 (3) A religious organization that participates in the Supportive Housing Program will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct Supportive Housing Program funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith- based organizations may use space in their facilities to provide Supportive Housing Program- funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a Supportive Housing Program-funded religious organization retains its authority over its internal governance, and it may retain religious terms in its organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. (4) An organization that participates in the Supportive Housing Program shall not, in providing program assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. (5) Program funds may not be used for the acquisition, construction. or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Program funds may be used for the acquisition, construction, or rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under this part. Where a structure Is used for both eligible and Inherently religious activities, program funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to Supportive Housing Program funds in this part. Sanctuaries, chapels, or other rooms that a Supportive Housing Program-funded religious congregation uses as its principal place of worship, however, are ineligible for Supportive Housing Program-funded improvements. Disposition of real property after the term of the grant, or any change in use of the property during the term of the grant, is subject to government-wide regulations governing real property disposition (see 24 CFR parts 84 and 85). (6) If a State or local government voluntarily contributes its own funds to supplement federally funded activities, the State or local government has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this section applies to all of the commingled funds. (c) Participant control of site. Where an applicant does not propose to have control of a site or sites but rather proposes to assist a homeless family or individual in obtaining a lease, which may include assistance with rent payments and receiving supportive services, after which time the family or individual remains in the same housing without further assistance under this part, that applicant may not request assistance for acquisition, rehabilitation, or new construction. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1993; 68 FR 56407, Sept. 30, 2003] ~ 583.155 Consolidated plan. (a) Applicants that are States or units of general local government. The applicant must have a HUD-approved complete or abbreviated consolidated plan, in accordance with 24 CFR part 91, and must submit a certification that the application for funding is consistent with the HUD- approved consolidated plan. Funded applicants must certify in a grant agreement that they are following the HUD-approved consolidated plan. (b) Applicants that are not States or units of general local government. The applicant must submit a certification by the jurisdiction in which the proposed project will be located that the applicant's application for funding is consistent with the jurisdiction's HUD approved consolidated plan. The certification must be made by the unit of general local government or the State, in accordance with the consistency certification provisions of the consolidated plan regulations, 24 CFR part 91, subpart F. Consolidated Grant Agreement Page 14 03117/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 68 of 78 07697790 FL0296B4D060802 (c) Indian tribes and the Insular Areas of Guam, the U.S. Virgin Islands, American Samoa, and the Northem Mariana Islands. These entities are not required to have a consolidated plan or to make consolidated plan certifications. An application by an Indian tribe or other applicant for a project that will be located on a reservation of an Indian tribe will not require a certification by the tribe or the State. However, where an Indian tribe is the applicant for a project that will not be located on a reservation, the requirement for a certification under paragraph (b) of this section will apply. (d) Timing of consolidated plan certification submissions. Unless otherwise set forth in the NOFA. the required certification that the application for funding is consistent with the HUD- approved consolidated plan must be submitted by the funding application submission deadline announced in the NOFA. [60 FR 16380, Mar. 30, 1995] Subpart C--Application and Grant Award Process I 583.235 Renewal grants. (a) General. Grants made under this part, and grants made under subtitles C and D (the Supportive Housing Demonstration and SAFAH, respectIvely) of the Stewart B. McKinney Homeless Assistance Act as in effect before October 28, 1992, may be renewed on a noncompetitive basis to continue ongoing leasing, operations, and supportive services for additional years beyond the Initial funding period. To be considered for renewal funding for leasing, operating costs, or supportive services, recipients must submit a request for such funding in the form specified by HUD, must meet the requirements of this part, and must submit requests within the time period established by HUD. (b) Assistance available. The first renewal will be for a period oftlme not to exceed the difference between the end of the initial funding period and ten years from the date of initial occupancy or the date of initial service provision, as applicable. Any subsequent renewal will be for a period of time not to exceed five years. Assistance during each year of the renewal period, subject to maintenance of effort requirements under ~ 583.150(a) may be for. (1) Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding period; (2) Up to the amount of HUD assistance for supportive services in the final year of the initial funding period; and (3) An allowance for cost increases. (c) HUD review. (1) HUD will review the request for renewal and will evaluate the recipient's performance in previous years against the plans and goals established in the initial application for assistance, as amended. HUO will approve the request for renewal unless the recipient proposes to serve a population that is not homeless, or the recipient has not shown adequate progress as evidenced by an unacceptably slow expenditure of funds, or the recipient has been unsuccessful in assisting participants in achieving and maintaining independent living. In determining the recipient's success in assisting participants to achieve and maintain independent living, consideration will be given to the level and type of problems of participants. For recipients with a poor record of success, HUD will also consider the recipient's willingness to accept technical assistance and to make changes suggested by technical assistance providers. Other factors which will affect HUD's decision to approve a renewal request include the following: a continuing history of inadequate financial management accounting practices, indications of mismanagement on the part of the recipient, a drastic reduction in the population served by the recipient, program changes made by the recipient without prior HUD approval, and loss of project site., Consolidated Grant Agreement Page 15 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 . Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 69 of 78 07697790 FL0296B4D060802 (2) HUD reserves the right to reject a request from any organization with an outstanding obligation to HUD that is in arrears or for which a payment schedule has not been agreed to, or whose response to an audit finding is overdue or unsatisfactory. (3) HUD will notify the recipient in writing that the request has been approved or disapproved. (Approved by the Office of Management and Budget under control number 2506-0112) Subpart O-Program Requirements I 583.300 General operation. (a) State and local requirements. Each recipient of assistance under this part must provide housing or services that are In compliance with all applicable State and local housing codes, licensing requirements, and any other requirements in the Jurisdiction in which the project is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for such variations as are proposed by the recipient and approved by Hub, supportive housing must meet the following requirements: (1) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings Each resident must be provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. (6) Sanitary facilities. Residents must have access to sufficient sanitary facilities that are in proper operating condition, may be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The housing must have adequate heating and/or cooling facilities in proper operating condition. (8) Illumination and electricity. The housing must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of residents. Sufficient electrical sources must be provided to permit use of essential electrical appliances while assuring safety from fire. (9) Food preparation and refuse disposal. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a sanitary manner. (10) Sanitary condition. The housing and any equipment must be maintained in sanitary condition. Consolidated Grant Agreement Page 16 03117/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 70 of 78 07697790 FL0296B40060802 (11) Fire safety. (i) Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be loca~ed, ~o thE! extent practicable, in a hallway adjacent to a bedroom. If the unit is occupied by heanng- Impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. (c) Meals. Each recipient of assistance under this part who provides supportive housing for homeless persons with disabilities must provide meals or meal preparation facilities for residents. (d) Ongoing assessment of supportive services. Each recipient of assistance under this part must conduct an ongoing assessment of the supportive services required by the residents of the project and the availability of such services, and make adjustments as appropriate. (e) Residential supervision. Each recipient of assistance under this part must provide residential supervision as necessary to facilitate the adequate provision of supportive services to the residents of the housing throughout the term of the commitment to operate supportive housing. Residential supervision may include the employment of a full. or part-time residential supervisor with sufficient knowledge to provide or to supervise the provision of supportive services to the residents. (f) Participation of homeless persons. (1) Each recipient must provide for the participation of homeless persons as required in section 426(g) of the McKinney Act (42 U.S.C. 11386(g)). This requirement is waived if an applicant is unable to meet It and presents a plan for HUD approval to otherwise consult with homeless or formerly homeless persons in considering and making policies and decisions. See also ~ 583.330(e). (2) Each recipient of assistance under this part must, to the maximum extent practicable, involve homeless individuals and families, through employment, volunteer services, or otherwise, in constructing, rehabilitating, maintaining, and operating the project and in providing supportive services for the project. (g) Records and reports. Each recipient of assistance under this part must keep any records and make any reports (including those pertaining to race, ethnicity, gender, and disability status data) that HUD may require within the timeframe required. (h) Confidentiality. Each recipient that provides family violence prevention or treatment services must develop and implement procedures to ensure: (1) The confidentiality of records pertaining to any individual services; and (2) That the address or location of any project assisted will not be made public, except with written authorization of the person or persons responsible for the operation of the project. (3) Prompt written notice of the final decision to the participant. m Limitation of stay in transitional housing. A homeless individual or family may remain in transitional housing for a period longer than 24 months, If permanent housing for the individual or family has not been located or if the individual or family requires additional time to prepare for independent living. However, HUD may discontinue assistance for a transitional housing project if more than half of the homeless individuals or families remain in that project longer than 24 months.d Consolidated Grant Agreement Page 17 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 71 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren . Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 (k) Outpatient health services. Outpatient health services provided by the recipient must be approved as appropriate by HUD and the Department of Health and Human Services (HHS). Upon receipt of an application that proposes the provision of outpatient health services, HUD will consult with HHS with respect to the appropriateness of the proposed services. (I) Annual assurances. Recipients who receive assistance only for leasing, operating costs or supportive services costs must provide an annual assurance for each year such assistance is received that the project will be operated for the purpose specified in the application. (Approved by the Office of Management and Budget under control number 2506-0112) [58 FR 13871, Mar. 15. 1993, as amended at 59 FR 36892, July 19,1994; 61 FR 51176, Sept. 30. 1996] i 583.305 Term of commitment; repayment of grants; prevention of undue benefits. (a) Term of commitment and conversion. Recipients must agree to operate the housing or provide supportive services in accordance with this part and with sections 423 (b)(1) and (b)(3) of the McKinney Act (42 U.S.C. 11383(b)(1), 11383(b)(3)). (b) Repayment of grant and prevention of undue benefits. In accordance with section 423(c) of the McKinney Act (42 U.S.C. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized conversion of the project under section 423(b )(3) of the McKinney Act (42 U.S.C. 11383(b)(3)). [61 FR 51176, Sept. 30, 1996] i 583.310 Displacement, relocation, and acquisition. (a) Minimizing displacement. Consistent with the other goals and objectives of this part, recipients must assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of supportive housing assisted under this part. (b) Relocation assistance for displaced persons. A displaced person (defined in paragraph (f) of this section) must be provided relocation assistance at the levels described in, and in accordance with, the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24. (c) Real property acquisition requirements. The acquisition of real property for supportive housing is subject to the URA and the requirements described in 49 CFR part 24, subpart B. (d) Responsibility of recipient. (1) The recipient must certify (i.e., provide assurance of compliance) that it will comply with the URA, the regulations at 49 CFR part 24, and the requirements of this section, and must ensure such compliance notwithstanding any third party's contractual obligation to the recipient to comply with these provisions. (2) The cost of required relocation assistance is an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may be paid for with local public funds or funds available from other sources. (3) The recipient must maintain records in sufficient detail to demonstrate compliance with provisions of this section. Consolidated Grant Agreement Page 18 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 72 of 78 07697790 FL0296B4D060802 (e) Appeals. A person who disagrees with the recipient's determination concerning whether the person qualifies as a "displaced person," or the amount of relocation assistance for which the person is eli~ible, may file a written appeal of that determination with the recipient. A low-income person who IS dissatisfied with the recipient's determination on his or her appeal may submit a written request for review of that determination to the HUD field office. (f) Definition of displaced person. (1) For purposes of this section, the term "displaced person" means a person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves personal property from real property permanently as a direct result of acquisition, rehabilitation, or demolition for supportive housing projects assisted under this part. The term "displaced person" includes, but may not be limited to: (I) A person that moves permanently from the real property after the property owner (or person in control of the site) issues a vacate notice, or refuses to renew an expiring lease In order to evade the responsibility to provide relocation assistance, if the move occurs on or after the date the recipient submits to HUD the application or application amendment designating the project site. (II) Any person, including a person who moves before the date described in paragraph (f)(1 )(1) of this section, if the recipient or HUD determines that the displacement resulted directly from acquisition, rehabilitation, or demolition for the assisted project. (Iii) A tenant-occupant of a dwelling unit who moves permanently from the building/complex on or after the date of the "initiation of negotiations" (see paragraph (~) of this section) if the move occurs before the tenant has been provided written notice offenng him or her the opportunity to lease and occupy a suitable, decent, safe and sanitary dwelling in the same building/ complex, under reasonable terms and conditions, upon completion of the project. Such reasonable terms and conditions must indude a monthly rent and estimated average monthly utility costs that do not exceed the greater of: (A) The tenant's monthly rent before the initiation of negotiations and estimated average utility costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a reasonable basis for concluding at the time the project is initiated that future rent increases will be modest. (iv) A tenant of a dwelling who is required to relocate temporarily, but does not return to the building/complex, if either: (A) A tenant is not offered payment for all reasonable out-of-pocket expenses incurred In connection with the temporary relocation, or (B) Other conditions of the temporary relocation are not reasonable. (v) A tenant of a dwelling who moves from the building/complex permanently after he or she has been required to move to another unit in the same building/complex, if either: (A) The tenant is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move; or (B) Other conditions of the move are not reasonable. (2) Notwithstanding the provisions of paragraph (f)(1) of this section, a person does not qualify as a "displaced person" (and is not eligible for relocation assistance under the URA or this section), if: (i) Termination of housing assistance Consolidated Grant Agreement Page 19 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 73 of 78 07697790 FL0296B4D060802 The recipient may terminate assistance to a participant who violates program requirements. Recipients should terminate assistance only in the most severe cases. Recipients may resume assistance to a participant whose assistance was previously terminated. In terminating assistance to a participant, the recipient must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (1) Written notice to the participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate ofthat person) who made or approved the termination decision; and (i) The person has been evicted for serious or repeated violation of the terms and conditions of the lease or occupancy agreement, violation of applicable Federal, State, or local or tribal law, or other good cause, and HUD determines that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance; (iI) The person moved into the property after the submission of the application and, before signing a lease and commencing occupancy, was provided written notice of the project, Its possible impact on the person (e.g., the person may be displaced, temporarily relocated, or suffer a rent increase) and the fact that the person would not qualify as a "displaced person" (or for any assistance provided under this section), if the project is approved; (iii) The person is Ineligible under 49 CFR 24.2(g)(2); or (iv) HUD determines that the person was not displaced as a direct result of acquisition, rehabilitation, or demolition for the project. (3) The recipient may request, at any time, HUD's determination of whether a displacement is or would be covered under this section. (g) Definition of initiation of negotiations. For purposes of determining the formula for computing the replacement housing assistance to be provided to a residential tenant displaced as a direct result of privately undertaken rehabilitation, demolition, or acquisition of the real property, the term "initiation of negotiations" means the execution of the agreement between the recipient and HUD. (h) Definition of project. For purposes of this section, the term "project" means an undertaking paid for in whole or in part with assistance under this part. Two or more activities that are integrally related, each essential to the others, are considered a single project, whether or not all component activities receive assistance under this part. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994] i 583.315 Resident rent. (a) Calculation of resident rent. Each resident of supportive housing may be required to pay as rent an amount determined by the recipient which may not exceed the highest of: (1) 30 percent of the family's monthly adjusted income (adjustment factors include the number of people In the family, age of family members, medical expenses and child care expenses). The calculation of the family's monthly adjusted income must include the expense deductions provided in 24 CFR 5.611 (a), and for persons with disabilities, the calculation of the family's monthly adjusted income also must include the disallowance of eamed income as provided in 24 CFR 5.617, if applicable; Consolidated Grant Agreement Page 20 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 74 of 78 07697790 FL0296B4D060802 (2) 10 percent of the family's monthly gross income; or (3) If the family is receiving payments for welfare assistance from a public agency and a part of the payments, adjusted in accordance with the family's actual housing costs, is specifically designated by the agency to meet the family's housing costs, the portion of the payment that is designated for housing costs. (b) Use of rent. Resident rent may be used in the operation of the project or may be reserved, in whole or in part, to assist residents of transitional housing in moving to permanent housing. (c) Fees. In addition to resident rent, recipients may charge residents reasonable fees for services not paid with grant funds. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19, 1994; 66 FR 6225, Jan. 19, 2001] S 583.320 Site control. (a) Site control. (1) Where grant funds will be used for acquisition, rehabilitation, or new construction to provide supportive housing or supportive services, or where grant funds will be used for operating costs of supportive housing, or where grant funds will be used to provide supportive services except where an applicant will provide services at sites not operated by the applicant, an applicant must demonstrate site control before HUD will execute a grant agreement (e.g., through a deed, lease, executed contract of sale). If such site control is not demonstrated within one year after initial notification of the award of assistance under this part, the grant will be deobligated as provided in paragraph (c) of this section. (2) Where grant funds will be used to lease all or part of a structure to provide supportive housing or supportive services, or where grant funds will be used to lease individual housing units for homeless persons who will eventually control the units, site control need not be demonstrated. (b) Site change. (1) A recipient may obtain ownership or control of a suitable site different from the one specified in its application. Retention of an assistance award is subject to the new site's meeting all requirements under this part for suitable sites. (2) If the acquisition, rehabilitation, acquisition and rehabilitation, or new construction costs for the substitute site are greater than the amount of the grant awarded for the site specified in the application, the recipient must provide for all additional costs. If the recipient is unable to demonstrate to HUD that it is able to provide for the difference in costs, HUD may deobligate the award of assistance. (c) Failure to obtain site control within one year. HUD will recapture or deobligate any award for assistance under this part if the recipient is not in control of a suitable site before the expiration of one year after initial notification of an award. S 583.325 Nondiscrimination and equal opportunity requirements. (a) General. Notwithstanding the permissibility of proposals that serve designated populations of disabled homeless persons, recipients serving a designated population of disabled homeless persons are required, within the designated population, to comply with these requirements for nondiscrimination on the basis of race, color, religion, sex, national origin, age, familial status, and disability. Consolidated Grant Agreement Page 21 03117/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 75 of 78 07697790 FL0296B4D060802 (b) Nondiscrimination and equal opportunity requirements. The nondiscrimination and equal opportunity requirements set forth at part 5 of this title apply to this program. The Indian Civil Rights Act (25 U.S.C. 1301 et seq.) applies to tribes when they exercise their powers of self- government, and to Indian housing authorities (IHAs) when established by the exercise of such powers. When an IHA is established under State law, the applicability of the Indian Civil Rights Act will be determined on a case-by-case basis. Projects subject to the Indian Civil Rights Act must be developed and operated in compliance with its provisions and all implementing HUD requirements, instead of title VI and the Fair Housing Act and their implementing regulations. (c) Procedures. (1) If the procedures that the recipient intends to use to make known the availability of the supportive housing are unlikely to reach persons of any particular race, color, religion, sex, age, national origin, familial status, or handicap who may qualify for admission to the housing, the recipient must establish additionai procedures that will ensure that such persons can obtain information concerning availability of the housing. (2) The recipient must adopt procedures to make available information on the existence and locations of facilities and services that are accessible to persons with a handicap and maintain evidence of implementation of the procedures. (d) Accessibility requirements. The recipient must comply with the new construction accessibility requirements of the Fair Housing Act and section 504 of the Rehabilitation Act of 1973, and the reasonable accommodation and rehabilitation accessibility requirements of section 504 as follows: (1) All new construction must meet the accessibility requirements of 24 CFR 8.22 and, as applicable, 24 CFR 100.205. (2) Projects in which costs of rehabilitation are 75 percent or more of the replacement cost of the building must meet the requirements of 24 CFR 8.23(a). Other rehabilitation must meet the requirements of 24 CFR 8.23(b). [58 FR 13871, Mar. 15, 1993, as amended at 59 FR 33894, June 30,1994; 61 FR 5210, Feb. 9, 1996; 61 FR 51176, Sept. 30, 1996] S 583.330 Applicability of other Federal requirements. In addition to the requirements set forth in 24 CFR part 5, use of assistance provided under this part must comply with the following Federal requirements: (a) Flood insurance. (1) The Flood Disaster Protection Act of 1973 (42 U.S.C 4001-4128) prohibits the approval of applications for assistance for acquisition or construction (including rehabilitation) for supportive housing located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, unless: (I) The community in which the area is situated is participating in the National Flood Insurance Program (see 44 CFR parts 59 through 79), or less than a year has passed since FEMA notification regarding such hazards; and (Ii) Flood insurance is obtained as a condition of approval of the application. (2) Applicants with supportive housing located in an area identified by FEMA as having special flood hazards and receiving assistance for acquisition or construction (including rehabilitation) are responsible for assuring that flood insurance under the National Flood Insurance Program is obtained and maintained. (b) The Coastal Barrier Resources Act of 1982 (16 U.S.C. 3501 et seq.) may apply to proposals under this part, depending on the assistance requested. Consolidated Grant Agreement Page 22 03/17/2010 Agenda Item No. 16010 April 27, 2010 Page 76 of 78 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program 07697790 FL0296B4D060802 (c) Applicability of OMB Circulars. The policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles Applicable to Grants, Contracts and Other Agreements with State and Local Govemments) and 24 CFR part 85 apply to the award, acceptance, and use of assistance under the program by govemmental entities, and OMB Circular Nos. A-110 (Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations) and A-122 (Cost Principles Applicable to Grants, Contracts and Other Agreements with Nonprofit Institutions) apply to the acceptance and use of assistance by private nonprofit organizations, except where inconsistent with the provisions of the McKinney Act, other Federal statutes, or this part. (Copies of OMB Circulars may be obtained from E.O.P. Publications, room 2200, New Executive Office Buildin~, Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-free number.) There IS a limit of two free copies. (d) Lead-based paint. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead- Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A, B, J, K, and R of this title apply to activities under this program. (e) Conflicts of interest. (1) In addition to the conflict of interest requirements In 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected or appointed official of the recipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decisionmaking process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decisionmaking under ~ 583.300(f) does not constitute a conflict of interest. (2) Upon the written request of the recipient, HUD may grant an exception to the provisions of paragraph (e)(1) of this section on a case-by-case basis when it determines that the exception will serve to further the purposes of the program and the effective and efficient administration of the recipient's project. An exception may be considered only after the recipient has provided the following: (i) For States and other governmental entities, a disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how the public disclosure was made; and (ii) For all recipients, an opinion of the recipient's attomey that the interest for which the exception is sought would not violate State or local law. (3) In determining whether to grant a requested exception after the recipient has satisfactorily met the requirement of paragraph (e )(2) of this section, HUD will consider the cumulative effect of the following factors, where applicable: (i) Whether the exception would provide a significant cost benefit or an essential degree of expertise to the project which would otherwise not be available; (Ii) Whether the person affected is a member of a group or class of eligible persons and the exception will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; (Iii) Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific assisted activity in question; (iv) Whether the interest or benefit was present before the affected person was in a position as described in paragraph (e)(1) of this section; (v) Whether undue hardship will result either to the recipient or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and Consolidated Grant Agreement Page 23 03/17/2010 Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16D10 April 27, 2010 Page 77 of 78 07697790 FL0296B4D060802 (vi) Any other relevant considerations. (1) Audit. The financial management systems used by recipients under this program must provide for audits In accordance with 24 CFR part 44 or part 45, as applicable. HUD may perform or require additional audits as It finds necessary or appropriate. (g) Davis-Bacon Act. The provisions of the Davis-Bacon Act do not apply to this program. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 1999] Subpart E--Administration S 583.400 Grant agreement. (a) General. The duty to provide supportive housing or supportive services in accordance with the requirements of this part will be incorporated in a grant agreement executed by HUD and the recipient. (b) Enforcement. HUD will enforce the obligations in the grant agreement through such action as may be appropriate, Including repayment of funds that have already been disbursed to the recipient. S 583.405 Program changes. (a) HUD approval. (1) A recipient may not make any si~nificant changes to an approved program without prior HUD approval. Significant changes Include, but are not limited to, a change in the recipient, a change in the project site, additions or deletions in the types of activities listed in ~ 583.100 of this part approved for the program or a shift of more than 10 percent of funds from one approved type of activity to another, and a change in the category of participants to be served. Depending on the nature of the change, HUD may require a new certification of consistency with the consolidated plan (see ~ 583.155). (2) Approval for changes is contingent upon the application ranking remaining high enough after the approved change to have been competitively selected for funding in the year the application was selected. (b) Documentation of other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 1996] S 583.410 Obligation and deobligation of funds. (a) Obligation of funds. When HUD and the applicant execute a grant agreement, funds are obligated to cover the amount of the approved assistance under subpart B of this part. The recipient will be expected to carry out the supportive housing or supportive services activities as proposed in the application. (b) Increases. After the initial obligation of funds, HUD will not make revisions to increase the amount obligated. (c) Deobligation. (1) HUD may deobligate all or parts of grants for acquisition, rehabilitation, acqUIsition and rehabilitation, or new construction: Consolidated Grant Agreement Page 24 03/17/2010 . Applicant: Collier County Board of County Commissioners Project: FL-606 - Ren - Wolfe Apartments Supportive Housing Program Agenda Item No. 16010 April 27, 2010 Page 78 of 78 07697790 FL0296B4D060802 <I) If the actual total cost of acquisition, rehabilitation. acquisition and rehabilitation, or new construction is less than the total cost anticipated in the application; or (ii) If proposed activities for which funding was approved are not begun within three months or residents do not begin to occupy the facility within nine months after grant execution. (2) HUD may deobligate the amounts for annual leasing costs, operating costs or supportive services in any year: (i) If the actual leasing costs, operating costs or supportive services for that year are less than the total cost anticipated in the application; or (ii) If the proposed supportive housing operations are not begun within three months after the units are available for occupancy. (3) The grant agreement may set forth in detail other circumstances under which funds may be deobligated, and other sanctions may be imposed. (4) HUD may: (i) Readvertise the availability of funds that have been deobligated under this section in a notice of fund availability under ~ 583.200. or (ii) Award deobligated funds to applications previously submitted in response to the most recently published notice of fund availability, and in accordance with subpart C of this part. Consolidated Grant Agreement Page 25 03/17/2010