The URL can be used to link to this page

Backup Documents 07/28/2009 Item #16D 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 DR TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original documents are to be forwarded to the Board OfFice only after the Board ha~ taken action on the item,) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed, If the document is already complete with the ex tion of the Chairman's si ature, draw a line rootin lines # I throu #4, com lete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date List in routin order l.Colleen Greene County Attorney C(Y1 6- ,.31.c9I 2. 3. 4. 5. Board of County Commissioners trY\.- ~10l 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCe approval. Normally the primary contact is the person wbo created/prepared the executive summary, Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item,) Name of Primary Staff Wendy Klopt7 Housing & Human Services Phone Number 252-290 I Contact Agenda Date Item was July 2812009 Agenda Item Number 16D8 Approved by the BCC Type of Document Grant Agreement-CoC St Matt's Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro nate. 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's WK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the WK document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's WK si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip WK should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by theBCC on 07/28/2009 and all changes made during WK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es if a Iicable. I: Forms! County FormsJ BCC FormsJ Original Documents Routing Slip WWS Original 9,03,04, Revised 1,26.05, Revised 2.24,05 --...... __.., "'~"'-'~-''''''~''''''''''_'__'.'I''''.'''_''''''_,,~, '_"''''',0,"';,;",,..,,,",,-.;''"'';'- ';.'.""...."".;""_,h.~'.tn".'rJ~",AM~~~I".._.;_,w;"I'III._....."_"",_",'~_'..~l>~""'",_..-.''''_""il<.''",,,,,; ,,+,_...,......."'...._._,.............., -".._- ',,_,~,.. """._"C_' 1608 t::,~ Recipient: Collier County Board of Commissioners Grant #: FL0296B4D06080 1 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL 34104 Tax ID #: 59-6000558 Project Location: 279 Airport Road S., Naples, FL 34104 2008 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 Collier County Board of Commissioners the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof._ The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act; the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOF A) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published March 19,2008 at 73 FR 14882, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section of the NOFA, which was published July 10, 2008 at 73 FR 39840. 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 contlict 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. - ~"...~.......,.,-~.,,~~ "\1l" ... _M .11 T lOT!lI!lI _.IIIl~1If II""'T ~ "'~~.",~, . ,....~~,._.. ~ ""..~"." .......-.-.. 1608 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. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: (N/A) 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 ,--~.~ -r--"- '"'-~"-~"'~'.,"'.,,- t4 . .,. -". ._'>,.~'. ....,~ . - .." -............-.- 1608 (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 (e) reduce or recapture the grant; or (t) 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. Recipient: Collier County Board of Commissioners Grant #: FL0296B4D060801 " .~~ "''-' __""""">c...""e."."~". -,--.",-".-," ..",.II _.~_...- _._"-~_.._,,~ ---- 16 DR SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development /' / - " /"';'"./- /> , /".'" ""/_ ,_, _, ,/1 '/ ~/ ,/ / .... // By: ji/(r!{{'{tet (ftf/f ~ /1 i;f Signature and Date Maria Rosa, Ortiz-Hill Print name of signatory Director, Community Planning and Development Division Title RECIPIENT Collier County Board of Commissioners Name of ~zation By" I .... . ~~,/ ~.-tt.4 Authorized Signature and Date D lrh1\i,L h tlJ ~ Print name of signatory ~I~ , Title Approved as to form & legal sufficiency ATTEST:, o ~O~./ft~~ DWI~HTt=.BAOCK, CI~rk Colleen Greene, B~~ Assistant County Attorney<",,' '..' I ~ ...'t,o eM · Recipient: Collier County Board of Commissioners t1",atwe- 01,1\ Grant #: FL0296B4D06080 1 -~"'-' _,._....._,~ t~_"""""'V ........._ ._ __c 16 08 ATTACHMENT A 1. The Recipient is Collier County Board of Commissioners 2. HUD's total fund obligation for this project is $113.117, which shall be allocated as follows: a. Leasing $-0- b. Supportive services $34.230 c. Operating costs $73.500 d. HMIS $-0- e. Administration $5.387 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 nm 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 A, 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. Recipient: Collier County Board of Commissioners Grant #: FL0296B4D06080 I .~.,,,..>, ...,"".,,.",~~,,,,.",,,..,,.,..~.~,__,.",,,,,,".,._~,_,...,.o.,.". "'",- -.-.,..- A 1'1' ACHl\IENT B 16 08 PART 583-SUPPORTlVE HOUSING PROGRAM Suhpart A-General Suhpart A-General Sec * 583.1 Purpose and scope. 583.1 Purpose and scope (a) Gt'1l t'ra I. The Supportive Housing Program 583.5 Definitions is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 Subpart B-Assistance Provided U.S.c. 11381-11389). The Supportive Housing program is designed to promote the development of supportive 583.100 Types and uses of assistance housing and supportive services, including innovative 583.105 Grants for acquisition and rehabilitation approaches to assist homeless persons in the transition 583.110 Grants for new construction from homelessness, and to promote the provision of 583.115 Grants for leasing supportive housing to homeless persons to enable them 583.120 Grants for supportive service costs to live as independently as possible. 583.125 Grants for operating costs (b) Componcnt.\'. Funds under this part may be 583.130 Commitment of grant amounts for leasing, used for: supportive services, and operating costs ( I ) Transitional housing to facilitate the 583.135 Administrative costs 583.140 Technical assistance movement of homeless individuals and families to 583.145 Matching requirements permanent housing; 583.150 Limitations on use of assistance (2) Permanent housing that provides long-term 583.155 Consolidated plan housing for homeless persons with disabilities; Subpart C-Application and Grant Award Process (3) HOllsing that is, or is part of, a particularly innovative project for, or alternative methods of, Application and grant award meeting the immediate and long-term needs of homeless 583.200 persons; or 583.230 Environmental review (4) Supportive services for homeless persons not 583.235 Renewal grants provided in conjunction with supportive housing. Subpart D-Program Requirements 158 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30,19961 583.300 General operation 583.305 Term of commitment; repayment of grants; * 583.5 Definitions prevention of undue benefits As used in this part: 11pplicallt is defined in 583.310 Displacement, relocation. and acquisition 583.315 Resident rent section 422( I) of the McKinney Act (42 USC 583.320 Site control 11382( I )). For purposes of this definition, 583.325 N ond iscrim inat ion and equal oppOI1L1I1 ity governmental entities include those that have general requirements governmental powers (such as a city or county), as well 583.330 Applicability of other Federal requirements as those that have limited or special powers (such as public housing agencies). Subpart E-Administration Consolidated pran means the plan that a jurisdiction prepares and submits to HUD in accordance 583.400 Grant agreement \V ith 24 CFR part 91. 583.405 Program changes Datt' or initial occupancy means the date that the 583.410 ObI igation and deobl igation of funds. supportive housing is initially occupied by a homeless AUTHORITY: 42 U.S.c. 11389 and 3535(d) person for ,vhom HUD provides assistance under this SOURCE: 58 FR [3871, Mar. 15. ] 993. unless part. If the assistance is for an existing homeless otherwise noted facil ity, the date (!l initial occupallcy is the date that 18 .._-_.. ,--~" "..~'". ~..'. _'-'-_~o..,.._.."., --"",.,".,_......_"",~"" ", ._""._,~--_._- SlIpportil'e hOllsil/g is defined in s1i64.tl8. the .f , services are first provided to the residents of supportive housing with funding under this part. :\IcKinney Act (42 U.s.e. 11384(a)). Dare of' il/itial s('f'vice pr(/\'isiol1 means the date Supportive s('rviet's is defined in section 425 of that supportive services are initially provided with funds the McKinney Act (42 U.S.C 11:185). under this part to homeless persons who Jo not reside in Trwrsitiollal hOllsing is defined in section supportive housing. This definition applies only to 424(b) of the \lcKinney Act (42 U.s.e. 11384(b)). See projects funded under this part that do not provide also ~ 583.300U). supportive housing. Trihe is defined in section 102 of the Housing Di.w/Jility is defined in section 422(2) of the and Community Development Act of 1974 (42 U.S.e. McKinney Act (42 U.S.C 11382(2)). 5302). Homeless !)ersol/ means an individual or falllily Urhall COllI/tv is defined in section I 02( a)( 6) of that is described in section 103 of the McKinney Act (42 the Housing and Community Development A.ct of 1974 U.S.C 11302). (42 LJ.s.C 5302(a)(6)). In general. urban counties are Metropolitall city is defined in section I02(a)(4) those counties that are eligible for an entitlement grant of the Housing and Community Development Act of under 24 CFR part 570, subpart D. 1974 (42 U.S.C 5302(a)(4)). In general. metropolitan 161 FR 51175, Sept. 30, 19961 cities are those cities that are eligible for an entitlement Subpart B-Assistance Provided grant under 24 CFR part 570, subpart D. l'/cl\' COIl.I(rl/ctioll means the huilding of a * 583.100 Types and uses of assistance. structure where none existed or an addition to an (a) Gral/t assistallce. Assistance in the form of existing structure that increases the floor area by more grants is available for acquisition of structures, than 100 percent. rehabi 1 itation of structures. acqu isition and Opcrating costs is defined in section 422( 5) of rehabi I itation of structures, new construction, leasing, the McKinney Act (42 U.S.C 11382(5)). operating costs for supportive housing, and supportive services, as described in *~ 583.1 OS through 583.125. Olltpaticllt health serviccs is defined in section Applicants may apply for more than one type of 422(6) of the McKinney Act (42 U.S.c. I J 382(6)). assistance. PernWIlt'lIt hOllsillgfor I/OII/dess !JerSOI1S lI'ith (b) Uses of' grallt l/ssistallce. Grant assistance disa/Jilitics is defined in section 424(c) of the McKinney may be used to: Act (42 U.S.C 11384(c)). ( I) Establish nev\ supportive housing facilities Private nOl/profit orgal/i:atiol/ is defined in or new fac i I ities to prov ide supporti ve serv ices: section 422(7) (A), (B), and (D) of the McKinney Act (2) Expand existing facilities in order to (42 U.s.e. 11382(7) (A), (B), and tD)). The organization must also have a functioning accounting increase the number of homeless persons served; system that is operated in accordance with generally (3) Bring existing facilities up to a level that accepted accounting principles, or designate an entity meets State and local government health and safety that will maintain a functioning accounting system for standards:. the organization in accordance \" ith generally aCl'epted (4) Provide additional supportive services for accounting principles rl'sidents of supportive housing or for homeless persons Project is defined in sections 422( 8) and 424( d) not residing in supportive housing; of the McKinney Act (42 U.s.e. 11382(8). IIJ84(d)). (5) Purchase HUD-owned single family Recipimt is defined in section 422(9) nr the properties currently leased by the applicant for use as a ~kKinney Act (42 U.s.e. 11382(9)). homeless fac iI ity under 24 CFR part 29 \; and Rc!/(/bilitatiOlI means the improvement or repair of an (6) Continue funding supportive housing vvhere l'xisting structure or an addition to an existing structure the recipient has received funding under this part for that does not increa.se the floor ar\.'a hy more than 100 leasing. supportive services, or operating costs. percent. Rehabilitation does not include minor or (c) Structures uSCllfor /IIultiple pl/ljJoses routine repairs. Structures used to provide supportive housing or .)'tate is defined in section 422( II ) of the supportive sen ices may also be used for other purposes, McKinney Act (42 U.s.e. 11 J82( II )). except that assistance under this part will be available 19 only in proportion to the use of the structure for 16 DR (b) ill1101ll/t. The maximum grant available for supportive housing or supportive services. new construction is the lower of: (d) Techl/ical assistal/ce. HUD may offer ( I ) $400,000; or technical assistance. as described in * 583.140. (2) The total cost of the new construction, 158 FR 13871, Mar. 15, 1993, as amended at 59 FR including the cost of land associated with that 36891, July 19,19941 construction, minus the appl icant' s contribution toward * 583.105 Grants for acquisition and rehabilitation. the cost of same. (a) Use. HUD will grant funds to recipients to: * 583.115 Grants for leasing. ( I ) Pay a portion of the cost of the acquisition of (a) Gel/eral. HUD will provide grants to pay (as rcal property selected by the recipients for use in the described in * 583.130 of this part) for the actual costs provision of supportive housing or supportive services, of leasing a structure or structures, or portions thereof, including the repayment of any outstanding debt on a used to provide supportive housing or supP0l1ive loan made to purchase property that has not been uscd services for up to five years. previously as supportive housing or for supportive (b)( I ) Leasing stl'llcturt's. Where grants are used servIces; to pay rent for all or part of structures, the rent paid must (2) Pay a portion of the cost of rehabilitation of be reasonable in relation to rents being charged in the structures, including cost cffective energy measures, area for comparable space. In addition, the rent paid may selected by the recipients to provide supportive housing not exceed rents currently being charged by the same or supportive services; or owner for comparable space. (3) Pay a portion of the cost of acquisition and (2) Leasing individllalllnits. Where grants are rehabilitation of structures, as described in paragraphs used to pay rent for individual housing units, the rent (a)( I) and (2) of this section. paid must be reasonable in relation to rents being (b) Amoullf. The maximum grant available for charged for comparable units, taking into account the acquisition, rehabilitation, or acquisition and location, size, type, quality, amenities, facilities, and rehabilitation is the lower of: management services. In addition, the rents may not exceed rents currently being charged by the same owner ( I ) $200,000; or for comparable unassisted units, and the portion of rents (2) The total cost of the acquisition, paid with grant funds may not exceed HUD-determined rehabilitation, or acquisition and rehabilitation minus fair market rents. Recipients may use grant funds in an the appl icant' s contribution toward the cost. amount up to one month's rent to pay the non-recipient (c) II/creased WllOllllfs. In areas determined by landlord for any damages to leased units by homeless HUD to have high acquisition and rehabil itation costs, participants. grants of more than $200.000. but not more than 158 FR 13871, Mar. 15, 1993, as amended at 59 FR $400,000, may be available. 36891, July 19, 19941 * 583.110 Grants for new construction. * 583.120 Grants for supportive services cost.,. (a) Use. HUD will grant funds to recipients to (a) Gcneral. HUD will provide grants to pay (as pay a portion of the cost of new construction, including described in * 583.130 of this part) for the actual costs cost-effective energy measures and the cost of land of supportive services for homeless persons for up to associated with that construction, for use in the five years. Allor part of the supportive services may be provision of supportive housing. If the grant funds are provided directly by the recipient or by arrangement used for new construction, the applicant must with public or private serv ice providers. dcmonstrate that the costs associated with new (b) Supporti!'c scr!'ices costs. Costs assoc iated construction are substantially less than the costs with providing supportive services include salaries paid associated with rehabilitation or that there is a lack of to providers of supportive services and any other costs available appropriate units that could be rehabilitated at directly associated with providing such services. For a a cost less than new construction. For purposes of this transitional housing project, supportive services costs cost comparison, costs associated with rehabilitation or also include the costs of services provided to fonner new construction may include the cost of real property residents of transitional housing to assist their acquisition. adjustment to independent living. Such services may be 20 ,-~- .. 4...11I ~---"-~""","'~' - ..,...,,~"'" -.'"'" .. """"..~-'~ include the ensls of earrying out digle~1iDeander , provided for up to six months after they leave the trans itional housing fac i I ity. ~* 5RJ.1 OS through 583.125. 158 FR l.1871, Mar. 15. 1993. as amended at :'\9 FR 1:'\8 FR 13871, Mar. 1:'\. 1993, as amended at 61 FR 36891. July 19. 19941 5117:'\. Sept. 30, 1l)l)61 * 583.125 Grants for operating costs. * 583.1-10 Technical assistance. {a) Denem/. HUD will provide grants to pay a (a) (,el/eral. Hl:D may set aside funds annually p0l1ion (as described in * 583.1.10) of the actual to provide technical assistance, either directly by HUD operating costs of supp0l1ive housing for up to five staff or indirectly through third-party providers. for any years. supportive housing project. This technical assistance is (b) Opl:'mting costs. Operating costs are those for the purpose of promoting the development of associated with the day-today operation of the supportive housing and supportive services as part of a supportive housing. They also include the actual continuum of care approach, including innovative expenses that a recipient incurs for conducting on-going approaches to assist homeless persons in the transition assessments of the supportive services needed by from homelessness. and promoting the provision of residents and the availabil ity of "uch "ervices; relocation supportive housing to homeless persons to enable them assistance under * :'\83.J 10. including payments and to livc as independently as possible. serv ices; and insurance. (b) Uses ot' technicol ossistol/ce. H UD may use (c) Recipiel/t match requiremel/t/or operatil/g these funds to provide technical assistance to costs. Assistance for operating costs will be :\\ ailable for prospecti ve appl icants, appl icants, rec ipients, or other up to 75 percent of the total cost in each year of the providers of supp0l1ive housing or services for homeless grant term. The recipient must pay the percentage of the persons, for SUppol1ive housing projects. The assistance actual operating costs not funded by HUD. At the end of may include. but is not limited to, written information each operating year, the recipient must demonstrate that such as papers, monographs. manuals, guides, and it has met its match requirement of the costs for that brochures; person-to-person exchanges; and training and year. related costs. 158 FR 13871, Mar. 15, 1993, as amended at 61 FR (c) Selectiol/ o(prol'iders. From time to time, as 51175, Sept. 30, 1996; 65 FR 30823, May 12.20001 HCD determines the need, HUD may advertise and * 583.130 Commitment of grant amollnts for leasing, competitively select providers to deliver technical supportive services, and operating costs assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement Upon execution of a grant agreement covering the technical assistance. assistance for leasing. supportive services, or operating 1:'\9 FR 36892, July 19, 19941 costs, HCD will obligate amounts for a period not to exceed five operating years. The total amount obligated * 583.1-15 Matching requirements. will be equal to an amount necessary for the spccified (a) Gel/eml. The recipient must match the funds years of operation, less the recipient's share of operating provided by HUD for grants for acquisition, costs. rehabilitation, and new construction with an equal (Approved by the Office of Management and Budget amount of funds from other "ources. under OMB control number 2506-0 (12) !:'\9 FR 3689 I. (h) C([sli resources. The match ing funds must be July 19, 19941 l'ash resources provided to the project by one or more of * 583.135 Administrative costs. the following: the recipient. the Federal government, (a) (leneml. Up to five percent of any grant State and local governments. and private resources. a\yarded under this part may he used for the purpose of (c) ,HlIil/tellllnce o(eftrll"t. State or local paying costs of auministering the assistance. gO\.ernment funds lIsed in the malL'hing contrihution are (b) Adlllini.11mti,'e costs. Auministrativc co"ts subject to the maintenance of effort requirements include the costs associated with accounting for the use described at * 58J.150( a). of grant funds. preparing reports for submissiol1to * 583.150 Limitations on lIse of assistance. HUD, obtaining program audits. similar costs related to (a) /vll1intt'lu/I1C(, or ct!l)rt. No assistance administering the grant after the award. and staff salaries provided under this part (or any State or local associateu with these administrative costs. They do not gO\ ernment funds used to supplement this assistance) 21 may be u~ed to replace State or local funds previously conducting eligible activities unde16a~re a used, or designated for use, to assist homeless persons. structure is used for both eligible and inherently (b) Faith-IJased activities. ( I ) Organ izations that religious activities, program funds may not exceed the are religious or faith-hased are eligible, on the same cost of those portions of the acquisition, construction, or basis as any other organization, to participate in the rehabi I itation that are attributable to el igible activities in Supportiw Housing Program. Neither the Federal accordance with the cost accounting requirements government nor a State or local government receiving applicable to Supportive Housing Program funds in this funds under Supportive Housing programs shall part. Sanctuaries, chapels, or other rooms that a discriminate against an organization on the basis of the Supportive Housing Program-funded religious organization's religious character or affiliation. congregation uses as its principal place of worship, (2) Organizations that are directly funded under however, are ineligible for Supportive Housing the Supportive Housing Program may not engage in Program-funded improvements. Disposition of real inherently religious activities, such as worship, religious property after the term of the grant, or any change in use instruction, or proselytization as part of the programs or of the property during the term of the grant, is subject to services funded under this part. If an organization government- wide regulations governing real property conducts such activities, the activities must be offered disposition (set' 24 CFR parts 84 and 85). separately, in time or location, from the programs or (6) If a State or local government voluntarily services funded under this part, and participation must contributes its own funds to supplement federally be voluntary for the beneficiaries of the HUD-funded funded activities, the State or local government has the programs or services. option to segregate the Federal funds or commingle (3) A rei igious organization that participates in them. However, if the funds arc commingled, this the Supportive Housing Program will retain its section applies to all of the commingled funds. independence from Federal, State, and local (c) Participant control of'site. Where an governments, and may continue to carry out its mission, applicant does not propose to have control of a site or including the definition. practice, and expression of its sites but rather proposes to assist a homeless family or religious bel iefs, provided that it does not use direct individual in obtaining a lease, which may include Supportive Housing Program funds to support any assistance with rent payments and receiving supportive inherently religious activities, such as worship, religious services, after which time the family or individual instruction, or proselytization. Among other things, remains in the same housing without further assistance faith-based organizations may use space in their under this part, that applicant may not request assistance facilities to provide Supportive Housing Program- for acquisition. rehabilitation, or new construction. funded services, without removing religious art, icons, 158 FR 13871. Mar. 15, 1993, as amended at 59 FR scriptures, or other religious symbols. In addition, a 36892, July 19, 1993; 68 FR 56407. Sept. 30, 20031 Supportive Housing Program-funded religious * 583.155 Consolidated plan. organization retains its authority over its internal governance, and it may retain religious terms in its (a) Applicallts that are States or units of general organization's name, select its board members on a local government. The applicant must have a HUD- religious basis, and include religious references in its approved complete or abbreviated consolidated plan, in organization's mission statements and other governing accordance with 24 CFR part 91, and must submit a documents. certification that the application for funding is consistent (4) An organization that participates in the with the HUD-approved consolidated plan. Funded Supportive Housing Program shall not, in providing applicants must certify in a grant agreement that they are program assistance, discriminate against a program following the HUD-approved consolidated plan. beneficiary or prospective program beneficiary on the (b) Applicallts that are /lot States or Ilnits of' basis of religion or religious helief. general 10 ('lI I govcrnment. The applicant must submit a (5) Program funds may not be used for the certification by the jurisdiction in which the proposed acquisition, construction, or rehabilitation of structures project will be located that the applicant's application to the extent that those structures are used for inherently for funding is consistent with the jurisdiction's HUD religious activities. Program funds may be used for the approved consolidated plan. The certification must be acquisition, construction, or rehabilitation of structures made by the unit of general local government or the only to the extent that those structures are used for State, in accordance with the consistency certification 22 ....- _..~.,.,"-...'" 'I; iliA'. '.'-'-';-'~ -'-' ."'-"__'_"''''_''",",,'-'"0'' <<'~,,''''" '" " r_ - -"<-"'~---'- ,"pply all ,,,,liahle, rclevallt illfllrl,Q Il[Lay for ," provisions of the consolidated plan regulations, 24 CFR part 91, subpart F. the responsible entity (or HUD, if applicable) to perform (c) IlIdiall triht's and the Inslllar ;\reus ot" (/1/(1111. for each property any environmental review required by the U. S. Virgin Islands, ,\merit"un SUII/ou. and I he this part. The recipient also shall carry out mitigating 'vorthem Mariuna Islallds. These entities are not Illl'asures required by the responsible entity (or HCD, if required to have a consolidated plan or to make applicable) or select alternate eligible property. HUD consolidated plan certifications. An application by an Illay el iminate from consiueration any appl ication that Indian tribe or other applicant for a project that \vill be \vould require an Environmental Impact Statement located on a reservation of an Indian tribe \v ill not (EIS). require a certification by the tribe or the State. However. (b) The recipient. its project partners and their where an Indian tribe is the applicant for a project that contractors may not acquire, rehabilitate, convert, lease, will not be located on a reservation, the requirement for repair, uispose of. demolish or construct property for a a certification under paragraph (b) of this section will project under this part, or commit or expend HUD or apply. local funds for such eligible activities under this part, (d) Timing of ('onsolidated plw/ cerli/icution until the responsible entity (as llefined in ~ 58.2 of this slllm/issions. Unless otherwise set forth in the :'\IOFA. title) has completed the environmental review the required certification that the application for funding procedures required by part 58 and the env ironmental is consistent with the HUD-approved consoliuateu plan certification and RROF have beL'n approved or HUD has must be submitted by the funding application performed an environmental review ulluer pal1 50 and submission deadl ine announced in the NOFA. the recipient has received HUD approval of the 160 FR 16380, rYlar. 30, 19951 property. BUD will not release grant funds if the recipient or any other party commits grant funds (i.t'., Subpart C-Application and Grant Award Process incurs any costs or expenditures to be paid or * 583.200 Application and ~rant award reimbursed with such funds) before the recipient When funds are Illade available for assistance, submits and HUD approves its RROF (where such HUD will publish a notice of funding availability submission is required). (NOFA) in the FEDERAL REGISTER, in accordance 168 FR 5613 I, Sept. 29, 20031 with the requirements of 24 CFR part 4. HUD will * 583.235 Renewal ~rants. review and screen applications in accordance \v ith the (a) Gl!nl!ml. Grants made under this part, and requirements in section 426 of the McKinney Act (42 U.S.e. 11386) and the guidelines. rating criteria. and grants made under subtitles C and D (the Supportive procedures published in the NOFA. Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in [61 FR 51176, Sept. :10,19961 effect before October 28, 1992, may be renewed on a * 583.230 Emironmelltal review. noncompetitive basis to continue ongoing leasing, (a) Activities under this part are subject to BUD operations, and supportive services for additional years environmental regulations in part 58 of this title, ex.cept beyond the initial funding period. To be considered for that HUD will perform an environmental review in renewal funding for leasing, operating costs, or accordance with part :'i() of this title prior to its approval supportive services, recipients must submit a request for of any conditionally selected applications for Fiscal such funding in the form specifieu by HLJD, must meet Year 2000 and prior years that were received directly the rL'quirements of this part. and must submit rL'quests from private nonprofit entities and governmental entities within the time period established by HUD. with .special or limited purpose pO\\ers. For activities (11) ;\ssistm/ce (/\'(/ila/J!c. The first renewal will under a grant that generally \vould be subject to review be for a period of time not to exceed the difference under part 58, BUD may make a finuing in accordance between the end of the initial funding period and ten vv ith * 58.11 (d) and may itself perform the YL'ars from the date of initial occupancy or the date of environmental review undt.'r the provisions of part SO of initial service provision. as applicable. A.nysubsequent this title if the recipient objects in \\I'iting to the renewal will be for a period of time not to exceed five responsible entity's performing the review under part years. Assistance during each year of the renewal 5g. Irrespective of whether the responsible entity in pL'riod. subject to maintenance of effort requirements accord with part 58 (or HUD in accord with part 50) undcr ~ 5g3.150(a) may be for: performs the environmcntal review, the recipicnt shall 23 . (h) H,,/Ji tab; lity .\.t"t,~\. gc~ for sue h ! ( I ) Up to SO percent of the actual operating and leasing costs in the final year of the initial funding variations as are proposed by the recipient and approved period; by HUD, supportive housing must meet the following (2) Up to the amount of HUD assistance for requ ire ments: supportive services in the final year of the initial funding ( 1 ) Structure and materials. The structures must period; and be structurally sound so as not to pose any threat to the (J) An allowance for cost increases. health and safety of the occupants and so as to protect (c) HUD review. (I) HUD will review the the residents from the elements. request for renewal and will evaluate the recipient's (2) Access. The housing must be accessible and performance in previous years against the plans and capable of being utilized without unauthorized use of goals established in the initial application for assistance, other private properties. Structures must provide as amended. HUD will approve the request for renewal alternate means of egress in case of fire. unless the recipient proposes to serve a population that (3) SpaCt' and s('curity. Each resident must be is not homeless, or the recipient has not shown adequate afforded adequate space and security for themselves and progress as evidenced by an unacceptably slow their belongings expenditure of funds, or the recipient has been Each resident must be provided an acceptable place to unsuccessful in assisting participants in achicving and sleep. maintaining independent living. In determining the (4) Interior air quality. Every room or space recipient's success in assisting participants to achieve and maintain independent living, consideration will be must be provided with natural or mechanical ventilation. given to the level and type of problems of participants. Structures must be free of pollutants in the air at levels For recipients with a poor record of success, HUD will that threaten the health of residents. also consider the recipient's willingness to accept (5) Water supply. The water supply must be free technical assistance and to make changes suggested by from contamination. technical assistance providers. Other factors which will (6) Sanitary facilities. Residents must have affect HUD's decision to approve a renewal request access to sufficient sanitary facilities that are in proper include the following: a continuing history of inadequate operating condition, may be used in privacy, and arc financial management accounting practices, indications adequate for personal cleanliness and the disposal of of mismanagement on the part of the recipient, a drastic human waste. reduction in the population served by the recipient, (7) Thermal environment. The housing must program changes made by the recipient without prior have adequate heating and/or cooling facilities in proper HUD approval, and loss of project site. operating condition. (2) HUD reserves the right to reject a request (8) Illumination and electricity. The housing from any organization with an outstanding obligation to must have adequate natural or artificial illumination to HUD that is in arrears or for which a payment schedule permit normal indoor activities and to support the health has not been agreed to, or whose response to an audit and safety of residents. Sufficient electrical sources finding is overdue or unsatisfactory. must be provided to permit use of essential electrical (3) HUD will notify the recipient in writing that appl iances while assuring safety from fire. the request has been approved or disapproved. (9) Food preparation and refitse disposal. All (Approved by the Office of Management and Budget food preparation areas must contain suitable spacc and under control number 2506-(112) equipment to store. prepare, and serve food in a sanitary Suhpart D-Program Requirements manner. * 583.300 General operation. ( (0) Sanitary condition. The housing and any (a) Statt' ant/local rt'lluirements. Each recipient equipment must be maintained in sanitary condition. of assistance under this part must provide housing or (II) Fire sarety. (i) Each unit must include at services that are in compliance \vith all applicable State least one battery-operated or hard-wired smoke detector, and local housing codes, I icensing requirements, and any in proper working condition, on each occupied level of other requirements in the jurisdiction in which the the unit. Smoke detectors must be located, to the ex.tent project is located regarding the condition of the structure practicable, in a hallway adjacent to a bedroom. If the and the operation of the housing or services. unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for 24 '"~...- ,_"m.o" ."~...... ----_.,.',,,."""'-,,.,,-,.,-- >"~,,,,,...,---->,--.....,,~_..," ''^''--'"'''-'.~'''-''"''' -"- (I) The confidentiality of recldQelOnR to - hearing-impaircd persons in each bedroom occupied hy a hearing-impaired person. any individual scrvices; and (ii) The public areas of all housing must he (2) That the address or location of any project cquipped with a sufficient number, hut not less than onc assisted v\ ill not be made public. except with written for each area, of hattery-operated or hard-wired smoke authorization of the person or persons responsible for detectors. Public areas include. hut are not limited to. [hI.:' operation of the project. laundry rooms, cOlTlmunity rooms. day care centers, (i) Termination of" housillg assistancc hallways. stairwells. and other common areas. The recipient may terminate assistance to a participant (c) .Hcals. Each recipient of assistance under who violates program requirements. Recipients should this part who provides supportive housing for homeless terminate assistance only in the most severe cases. persons with disabilities must provide meals or meal Recipients may resume assistance to a participant whose preparation facilities for residents. assistance v\as previously terminated. In terminating (d) Ongoillg assessmcllt of"supportil'c .\(,/,I'ices. assistance to a participant. the recipient must provide a Each recipient of assistance under this part must conduct formal process that recognizes the rights of individuals an ongoing assessml'nt of the supportive services receiving assistance to due process of law. This process, required by the residents of the project and the at a minimum. must consist of: availability of such services. and make adjustments as (I) Written notice to the participant containing a appropriate, clear statement of the reasons for termination; (e) Rcsidential supervision. Each recipient of (2) A re\iev\ of the decision, in which the assistance under this part must provide residential participant is given the opportunity to present written or supervision as necessary to facilitate the adequate oral objections before a person other than the person (or provision of supportive services to the residents of the a subordinate of that person) who made or approved the housing throughout the term of the commitment to termination decision: and operate supportive housing. Residential supervision may (-,) Prompt written notice of the final decision to include the employment of a full- or part-time residential supervisor with sufficient knowledge to the participant. provide or to supervise the provision of supportive (j) Limitation of"stay ill truJlSitional housing. A services to the residents. homeless individual or family may remain in transitional (f) Participation of" hOlnt'less pcrsolls. ( I ) Each housing for a period longer than 24 months. if recipient must provide for the participation of homeless permanent housing for the individual or family has not persons as required in section 4:26(g) of the McKinney been located or if the individual or family requires Act (42 USe. 113~6(g)). This requirement is waived if additional time to prepare for independent living. an appl icant is unable to meet it and presents a plan for However. HLD may discontinue assistance for a HUD approval to otherwise consult with homeless or transitional housing project if more than half of the formerly homeless persons in considering and making homeless individuals or families remain in that project policies and decisions. See also ~ 5~3.330(e). longer than 24 months. (:2) Each rec ipient of assistance under th is part (k) O/ttpatient health scn'ices. Outpatient health must. to the maximum extent practicable. involve services provided by the recipient must be approved as homeless individuals and families, through L'rnplo) ment. appropriate by HUD and the Department of Health and volunteer services. or otherw ise. in construct ing. Human Services (HHS). upon receipt of an application rehabilitating, maintaining, and operating the project that proposes the provision of outpatient health services, and in providing supportive services for the project. HL'D will consult with HHS vvith respect to the appropriateness of thl.:' proposed serv ices, (g) Records aJld reports. Each recipient of (I) ..\/l/l/taf (/.\\//I,(//lces. Recipients who receive assistance under this part must keep any records and make any reports (including those pertaining to race. assistance only for leasing. operating costs or supportive dhnicity, gender, and disability status data) that HUD ...ervices costs must provide an annual assurance for each may require vv ithin the timeframe requirL'd. Yt'ar such assistance is received that the project will be operated for the purpose specified in the application. (h) CO/l/identiulitr. Each recipient that provides (Approved by the Office of Management and Budget family violence prevention or treatment sen ices must develop and implement procedures to ensure: under control number 2:'i06-(112) [:'i8 FR 13871. Mar, 25 . (3) The recipient must milD rUr8in 41 l.:'i, 1993, as amended at 59 FR 36892, July 19, 1994; 61 FR 51176, Sept. 30, 19961 sufficient detail to demonstrate compliance with * 583.305 Term of commitment; repayment of provisions of this section. grunts; pre\'ention of undue benefit... (e) ;lppeals. A person who disagrees with the (a) Tam ofcoll1mitll1ent lInd conversion. recipient's determination concerning whether the person Recipients must agree to operate the housing or provide qual ifies as a "displaced person," or the amount of supportive services in accordance with this part and with relocation assistance for which the person is eligible, sections 423 (b)( I ) and (b)(3) of the Mc Kinney Act (42 may file a written appeal of that determination with the U.S.e. 11383(b)( I), 11383(b)(3)). recipient. A low-income person who is dissatisfied with (b) Repayment of" grant l/nd prevention of"wlllut' the recipient's determination on his or her appeal may submit a written request for review of that determination benefIts. In accordance with section 423(c) of the to the BUD field office. McKinney Act (42 U.s.e. 11383(c)), HUD will require recipients to repay the grant unless HUD has authorized (f) Def,nition of"displl/ced perSOll. ( I) For conversion of the project under section 423(b)(.1) of the purposes of this section, the term "displaced person" ivkKinney Act (42 U.s.e. 11383(b)(J)). means a person (family, individual, business. nonprofit [61 FR 51176, Sept. 30, 19961 organization, or farm) that moves from real property, or moves personal property from real property permanently * 583.310 Displacement, relocation, and ucquisition. as a lJirect result of acquisition, rehabilitation, or (a) Minimbng di.\pll/('('ment. Consistent with demolition for supportive housing projects assisted the other goals and objectives of this pal1, recipients under this part. The term "displaced person" includes, must assure that they have taken all reasonable steps to but may not be limited to: minimize the displacement of persons (families, (i) A person that moves permanently from the individuals, businesses, nonprofit organizations, and real property after the property owner (or person in farms) as a result of supportive housing assisted under control of the site) issues a vacate notice, or refuses to this part. renew an expiring lease in order to evade the (b) Relocation l/SSistW1Ct' for displl/('('d paso/lS. responsibility to provide relocation assistance, if the A displaced person (defined in paragraph (f) of this move occurs on or after the date the recipient submits to section) must be provided relocation assistance at the HUD the application or application amendment levels described in. and in accordance with, the designating the project site. requirements of the Uniform Relocation Assistance and (ii) Any person, including a person who moves Real Property Acquisition Pol ic ies Act of 1970 (URA) before the date described in paragraph (f)( I )(i) of this (42 U.S.e. 4601-4(55) and implementing regulations at section, if the recipient or HUD determines that the 49 CFR part 24. displacement resulted directly from acquisition. (c) Real property acquisition relllliremellts rehabil itation, or demol ition for the assisted project. The acquisition of real property for supportive housing (iii) A tenant-occupant of a dwelling unit who is subject to the URA and the requirements described in moves permanently from the building/complex on or 49 CFR part 24, subpart B. after the date of the" in itiation of negotiations" (see (d) Re.'!}()1I.\ibility (!/,recipient. (I) The recipient paragraph (g) of this section) if the move occurs before must certify (i.e., provide assurance of compliance) that the tenant has been provided written notice offering him it will comply with the URA, the regulations at 49 CFR or her the opportunity to lease and occupy a suitable, part 24, and the requirements of this section, and must decent, safe and sanitary dwelling in the same building! ensure such compliance notwithstanding any third complex, under reasonable terms and conditions, upon party's contractual obi igation to the recipient to comply completion of the project. Such reasonable terms and with these provisions. conditions must include a monthly rent and estimated (2) The cost of required relocation assistance is average monthly utility costs that do not exceed the greater of: an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may (A) The tenant's monthly rent before the be paid for with local public funds or funds available initiation of negotiations and estimated average utility from other sources. costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a 26 _.,.~-----~ -~."" ...... "1l'[ ',III --_.."-,.."~,,,~'~-,;;~,,,"".,,",,"..;,..-..,,"",^ ,..,-,_..'"----_..,.._,...,~.- '._N"__....,__ replacement housing assistance tlQroOe80 a 1 reasonable basis for concluuing at the time the project is initiated that future rent increases \vill be modest. residential tenant displaced as a direL't result of privatL'ly (iv) .\ tenant of a ,I\velling \vho is required to undertaken rehabil itation, demol ition, or acquisit ion of the real property, the term' 'initiation of negotiations .. relocate temporarily. but does not return to the means the execution of the agreement between the building/complex. if either: recipient and HUD. (A) A tenant is not offered payment for all (h) Defillitiol/ of'/m~iect. For purposes of this reasonable out-of-pocket expenses incurred in sectioll. the term' 'project" means an undertaking paid connection with the tl'mporary relocation. or for in \\ holt' or in part with assistance under this palt. (B) Other conditions of the temporary relocation T\\o or more activities that are integrally related, each are not reasonable. l'ssential to the others. are considered a single project, (v) A tenant of a dwelling who moves from the \\ hether nr not all component activities receive buildinglcomplex perlllanently after he or she has hel'n assi.stance under th is part. required to move to another unit in the same 15S FR I 3S71. ~Iar. 15. 1993, as amended at 59 FR buildinglcomplex. if either: 36892, July 19. 19941 U\) The tenant is not offered re i mhursement for * 583.315 Resident rent. all reasonable out-of-pocket expenses inculwd in (a) Ca/clI/ation of'residt'1It relit. Each resident of connection with the move: or supportive housing may be required to pay as rent an (B) Other conditions of the move are not a mount deterlll ined by the recipient wh ich may not reasonable. l' xl'eed the highest of: (2) Notwithstanding the provisions of paragraph ( I) 30 percent of the family's monthly adjusted (O( I) of this section, a person does not qualify as a income (adjustment factors include the number of "displaced person" (and is not eligible for relocation people in the family, age of family members, medical assistance under the URA or this section). if: l'xpenses and child care expenses). The calculation of (i) The person has been evicted for serious or the family's monthly adjusted income must include the repeated violation of the terms and conditions of the l'xpense deductions provided in 24 CFR 5.611(a). and lease or occupancy agreement. violation of applicable for persons with disabilities, the calculation of the Federal, State. or local or tribal law, or other good family's monthly adjusted income also must include the cause, and HUD determines that the eviction \vas not disallowance of earned income as provided in 24 CFR undertaken for the purpose of evading the obligation to 5.617. if applicable; provide relocation assistance; (2) 10 percent of the family's monthly gross ( i i) The person moved into the property after the income: or submission of the application and, before signing a kase (J) If the family is receiving payments for and commencing occupancy. \vas provided written \\L'lfare assistance from a public agency and a part of the notice of the project. its possible impact on the person payments, adjusted in accordance with the family's (e.g.. the person may be displaced, ll'mporarily actual housing costs. is specifically designated by the relocated, or suffer a rent increase) and the fact that the agency to mel'l the family's housing costs. the portion of person would not qual ify as a "displaced person" (Dr the payment that is designated for housing eosts. for any assi..,tance provided under this section). if the (b) Usc ot'rcllt. Res ident rent may be used in the project is approved; operation of the project or may be reserved. in whole or (iii) The person is ineligible under -+9 CFR in part. to assist residents of transitional housing in 24.2(g)(2): or moving to permanent housing. (iv) HL'D determines that the person \vas not (l') Fccs. In addition to resident rent. recipients displaced as a direct result of aCLJuisition. rehabilitation. Illay dlarge residents reasonable fees fur ser\ ices not or demolition for the project. paid \v ith grant funds. (J) The recipient may request. at any lime. 158 FR 13871. ;Vlar. 15. 1993. as amended at 59 FR HUD's determinationllf whether a displaL'\:ment is or .16892. July 19. 1994: 66 FR 6225. Jan. 19.20011 would be covered under this section. * 583.320 Site control. (g) Defillition ot'illitiutiol1 oj'lIcgotiations. For (a) Site ml/trol. (I) Where grant funds will be ......., , purposes of determining the formula for computing the used for acquisition. rehabilitation, or new construction 27 16 ns to provide supportive housing or supportive services, or their powcrs of self-governmcnt, and to Indian housing where grant funds will be used for operating costs of authoritics ([HAs) whcn established by the exercise of supportive housing, or where grant funds will be used to such powers. When an lHA is establishcd under State provide supportive services except where an appl icant law, the applicability of the Indian Civil Rights Act will will provide services at sites not operated by the be determined on a casc-by-case basis. Projects subject applicant, an applicant must demonstrate site control to the Indian Civil Rights Act must be developed and before HUD will execute a grant agreement (e.g., operated in compliance with its provisions and all through a deed, lease, exccuted contract of sale). If such implemcnting HUD requiremcnts, instead of title VI and site control is not demonstrated within one year after the Fair Housing Act and their implementing initial notification of the award of assistance under this regulations. palt, the grant will be deobligated as provided in (c) Procedures. (I ) If the procedures that the paragraph (c) of this section. recipient intends to use to make known the availability (2) Where grant funds will be used to lease all of the supportive housing are unlikely to reach persons or part of a structure to provide supponive housing or of any particular race, color, religion, sex. age, national supportive services. or where grant funds will be used to origin, famil ial status, or handicap who may qual i fy for lease individual housing units for homeless persons who admission to the housing, the recipient must establish will eventually control the units, site control need not he additional procedures that will cnsure that such persons demonstrated. can obtain information concerning availability of the (b) Sitt' ('/tWIRl'. (I) A recipient may obtain housing. ownership or control of a suitable site different from the (2) The recipient must adopt procedures to make one specified in its application. Retention of an available information on the existence and locations of assistance award is subject to the new site's meeting all facilities and services that are accessible to persons with rcquirements under this part for suitable sites. a handicap and maintain evidence of implementation of (2) If the acquisition, rehabilitation, acquisition the procedures. and rehabilitation, or new construction costs for the (d) Accessibility requirements. The recipient substitute site are greater than the amount of the grant must comply with the new construction accessibility awarded for the site specified in the application, the requirements of the Fair Housing Act and section 504 of recipient must provide for all additional costs. If the the Rehabilitation Act of 1973, and the reasonable recipient is unable to demonstrate to HUD that it is able accommodation and rehabilitation accessibility to provide for the difference in costs. HUD may requirements of section 504 as follows: deobligate the award of assistance. ( I ) All new construction must meet the (c) Failure to obtain sitt' control \\'ithin one accessibility requirements of 24 CFR 8.22 and, as year. HUD will recapture or deobligate any award for applicable, 24 CFR 100.205. assistance under this part if the recipient is not in control (2) Projects in which costs of rehabilitation are of a suitable site before the expiration of one year aftcr 75 percent or more of the replacement cost of the initial notification of an award. building must meet the requirements of 24 CFR 8.23(a). * 583.325 Nondiscrimination and equal opportunity Other rehabilitation must meet the requirements of 24 re(luiremcnts. CFR 8.23(b). (a) GcnNal. Notwithstanding the permissibility 158 FR 13871, Mar. IS, 1993, as amended at 59 FR of proposals that serve designated populations of 33894, June 30,1994; 61 FR 5210, Feb. 9,1996; 61 FR uisabled homeless persons, recipients serving a 51176, Sept. 30, 19961 designated population of disabled homeless persons are * 583.330 Applicahility of other Federal required, within the designated population, to comply rC<luirements with these requirements for nondiscrim ination on the In addition to the requirements set forth in 24 oasis of race, color, religion, sex, national origin, age, familial status, and disability. CFR part 5, use of assistance provided under this part (b) Nondiscrimination and e(/I/al opportl/llity must comply with the following Federal requirements: requirements. The nondiscrimination and equal (a) Flood in.\lmlllcc. ( I ) The Flood Disaster opportunity requirements set forth at part 5 of this title Protection Act of 1973 (42 U.S.C 4001-4128) prohibits apply to this program. The Indian Civil Rights Act (25 the approval of applications for assistance for U.s.e. 130 I et seq.) appl ies to tribes when they exerc ise acquisition or construction (including rehabilitation) for 28 -'.'-~-----1""-"..._-,_.,..." -,,,,,.~..,,~,~. ~"""""""---""""""""""''''-'''''~.''''''''"'''''''''-~'...- ,..,.-. 10 Ut$ . supportive housing locakd in an area identified by the is in a position to participate in a decisionmaking Federal Emergency ~lanagement Agency (FEMA) as process or gain inside information with regard to such having special flood hazards. unless: activities. may obtain a personal or financial interest or (i) The community in which the area is situated benefit from the activity, or have an interest in any is participating in the National Flood Insurance Program l'ontract, subcontract. or agreement with respect thereto, (see 44 CFR parts 59 through 79). or less than a year has ur the proceeds thereunder. either for himself or herself passt'd since FE~IA notification regarding such ha/ards: or for those with whom he or she has family or business and ties. during his or her tenure or for one year thereafter. (ii) Flood insurance is obtained as a condition of Participation by homt'less individuals who also are participants under the program in policy or approval of tht' application. decisionmaking under * 583..100( t) does not constitute a (2) Applicants \vith supportive housing located con fI ict of interest. in an area identified by FEM:\ as having special tlood (2) Upon the \vritten request of the recipient. hazards and receiving assistance for acquisition ur HL'D may grant an exception to the provisions of construction (includiong rehabilitation) are rcsponsible paragraph (c)( I ) of this section on a case-by-case basis for assuring that flood insurance under the National when it dL'termines that the exception will serve to Flood Insurance Program is obtained and maintained. further the purposes of the program and the dlective (b) The Coastal Barrit'r Resourct's Act of 1982 and efficient administration of the rt'cipient's project. ( 16 U.s.e. 350 I ('{ 1'1:'(1.) may apply to proposals under /\n exception may be considered only after the recipient this part, depelllling on the assistance requested. has providt'd the following: (c) ;\pp/iUil>ility o(OMB CirclIllirs. The (i) For States and other governmental entities, a pol ic ies, guide I ines, and requirements of OMB Circular disclosure of the nature of the conflict, accompanied by No. :\-87 (Cost Principles Applicable to Grants, an assurance that there has heen publ ic disclosure of the Contracts and Other Agreements with State and Local conflict and a description of how the public disclosure Governments) and 24 CFR part 85 apply to the award, was made; and acceptance, and use of assistance under the program by (ii) For all recipients. an opinion of the governmental entities, and OMB Circular Nos. A-II 0 recipient's attorney that the interest for which the (Grants and Cooperative Agreements \\ ith Institutions of exception is sought would not violate State or local law. Higher Education. Hospitals. and Other Nonprofit Organizations) and A-I 22 (Cost Principles Applicable (3) In determining whether to grant a requested to Grants, Contracts and Other Agreements \vith exception after the recipient has satisfactorily met the :'-Ionprofit Institutions) apply to the acceptance and use requirement of paragraph (e)( 2) of this section, HUD of assistance by private nnnprofit organizations. except \\ ill consider the cumulative effect of the following where inconsistent with the provisions of the McKinney factors, where applicable: Act, other Federal statutes. or this part. (Copies of OM B (i) Whether the exception would provide a Circulars may be nbtained from E.O.P. Publications, significant cost benefit or anl'ssential degree of room 2100, New E.xecutive Office Building. cxpertise to the project \vhich would otherwise not he Washington. DC 20503, telephone (202) 395-7332. available; (This is not a toll-frl'c number.) Therc is a limit of two ( i i) Whether the person affected is a member of free copies. a group or class of eligible persons and the exception (dl L('ad-based paillt. The Lead-Based Paint will permit such person to receive generally the same Poisoning Prevention ,\ct (42 USe. '+821-4846). the interests or benefits as are being made available or Residential Lead- Based Paint Hazard Reduction ,\ct of provided to the group or class; 1992 (.+2 Us.e. .-1-1-\51-4856). and irnplcml'nting (iii) \Vhl'lher the affected person has withdrawn regulations at part 35. subparts A. B. J. K. and R of this from his or her functions or responsibilities, or the title apply to activities under this program. decisionmaking process with respect to the specific (e) COIl/licts O(illtl'/'(,Il. ( I I In addition to the assistl'd acti\ ity in question: conflict of interest requirements in 2.+ CFR part X5. no (iv) \Vhether the interest or benefit was present person who is an employee. agent. consultant. officer. or before the affected person was in a position as described elected or appointcd official of the recipient and who in paragraph (e)( I) of this sl'ction; exercises or has exercised any functions or responsibilities with respect to assisted activities, or who 29 ... (v) Whether undue hardship will result either to (a) Ohlig"'io,, :'(1:"',. whenl6,nOh8 the recipient or the person affected when weighed applicant execute a grant agreement, funds are obligated against the public interest served by avoiding the to cover the amount of the approved assistance under proh ibited conf] icl: and subpart B of this pmt. The recipient will be expected to (vi) Any other relevant considerations. carry out the supportive housing or supportive services (f) Audit. The financial management systems activitics as proposed in the application. used by recipients under this program must provide for (b) Increases. After the init ial obi igation of audits in accordance with 24 CFR part 44 or part 45, as funds, HUD will not make revisions to increase the applicable. (IUD may perform or require additional amount obligated. audits as it finds necessary or appropriate. (c) Deo/JIigation. (I) HUD may deobligate all or (g) Davis-Bacon Act. The provisions of the parts of grants for acquisition, rehabil itation, acquisition Davis-Bacon Act do not apply to this program. and rehabil itation, or new construction: 158 FR 13871, Mar. 15, 1993. as amended at 61 FR (i) If the actual total cost of acquisition, 5211, Feb. 9,1996: 64 FR 50226, Sept. 15. 19991 rehabilitation. acquisition and rehabilitation, or new Suhpart E-Administration construction is less than the total cost anticipated in the application; or * 583.400 Grant agreement. (ii) If proposed activities for which funding was (a) General. The duty to provide supportive approved are not begun \vithin three months or residents housing or supportive services in accordance with the do not begin to occupy the facility within nine months requirements of this part will be incorporated in a grant after grant execution. agreement executed by HUD and the recipient. (2) HCD may deobligate the amounts for annual (b) EnForcement. HUD will enforce the leasing costs, operating costs or suppOltive services in obligations in the grant agreement through such action any year: as may be appropriate, including repayment of funds (i) If the actual leasing costs, operating costs or that have already been disbursed to the recipient. supportive services for that year are less than the total * 583.405 Program changes. cost anticipated in the application; or (a) HUD approval. ( I ) A recipient may not (ii) If the proposed supportive housing make any significant changes to an approved program operations are not begun within three months after the without prior HUD approval. Significant changes units are available for occupancy. include, but are not limited to, a change in the recipient, (3) The grant agreement may set forth in detail a change in the project site, additions or deletions in the other circumstances under which funds may be ty pes of acti v ities I isted in * 583. 100 of th is part deobligated, and other sanctions may be imposed. approved for the program or a shift of more than 10 percent of funds from one approved type of activity to H) HUD may: another, and a change in the catcgory of participants to (i) Readvertise the availability of funds that he served. Depending on the nature of the change, HUD have been deobligated under this section in a notice of may require a new certification of consistency with the fund availability under * 583.200, or consolidated plan (see * 583.155). (ii) Award deobligated funds to applications (2) Approval for changes is contingent upon the previously submitted in response to the most recently application ranking remaining high enough after the published notice of fund availability, and in accordance approved change to have been competitively selected for with subpart C of this part. funding in the year the application was selected. (b) Docllmel/tation o( other changes. ,\ny changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. [58 FR 1387], Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 19961 * 583.410 Ohligation and deohligation of funds. 30 "_." --,-~"""","----..., "~~"""- ... .._...^-_.~"~, _._"..~.>~..,,- ORIGINAL DOCUMENTS CHECKLIST & ROUTING sLt6 08 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered tll the Board Office. The completed routing slip and original documents are to be forwarded to the Board Oflke only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additiooal signatures, dates, and/or information needed. If the document is already complete with the ex tion of the Chairman's si ature, draw a line throu routin lines # I throu #4, com lete the checklist, and forward to Sue Filson (line #5 . Route to Addressee(s) Initials Date (List in routin order I.Colleen Greene County Attorney CI1Ib 1.31.01 2. 3. 4. 5. Board of County Commissioners 013 D9 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addresst,'es above, including Sue Filson, need to contact staff for additional or missing information. All original docwnents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Wendy Klopf! Housing & Human Services Phone Number 252-290 I Contact Agenda Date Item was July 28/2009 Agenda Item Number 1608 Approved by the BCC Type of Document Grant Agreement-CoC SA wec Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is N/ A (Not a TO riate. A Iicable) l. Original document has been signed! initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's WI< Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCe approval of the WK document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chainnan's WI< si ture and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip WK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 07/2812009 and all changes made during WK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. I: Forms! County Forms/ Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~ ,,,,,.,. ."....."__...,.""~'>'<..".._'_,_.._.,_,"""'_,. ,_"_,__,_~"""",,,,,,,,,,,,,,,,__,,,,,,'''''''''''='''''fl.,,'..'''''''''''';';~" q.,\.\cll,r 0"" U.S. Department of Housing and Urban Development r;: L Od q c5- :JF\~C( </"'" ~ ~ ~~ J~~' ~~ \ ~ * IIIUIII * ; ~ " )1 (,~. II o.Jt Atlanta Region, Miami Field Office I \ .fN OE....~-\.- Brickell Plaza Federal Building 909 SE First Avenue. Rm. 500 r . Miami, FL 33131-3042 May 7,2009 1608 . Ms. Sandra Marrero Grants Coordinator Collier County Housing & Human Services 3050 N. Horseshoe Dr. Suite 110 Naples, FL 34104 Dear Ms. Marrero: SUBJECT: Transmittal of FY2008 Homeless Assistance Grants Program: SHP Project Name: Peace Village CoC: FL-6006 Project Number: FL0295B4D06080 1 Congratulations on your conditional selection for funding under the Department of Housing and Urban Development's (HUD) FY 2008 Homeless Assistance Grants competition. Addressing homelessness is one of the Department's top priorities and your project will make a significant contribution toward developing a continuum of care system in your community. This letter sets out the process by which you can receive your funding. Enclosed are conditions or issues (if applicable) that were identified when your application was reviewed by HUD, and that require further information or clarification. If a condition is identified, it must be met before your grant can be executed. Issues, on the other hand, are concerns that we in the HUD Field Office will be reviewing as we ensure compliance with program requirements. If you have any questions about what any condition or issue means or how it might be resolved, please call your Community Planning and Development (CPD) Representative. You are encouraged to submit the information as soon as possible. The enclosed documents will permit the processing of your grant: 1. Three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three(3) originals, Keep one original with regulations attached and send the other two (2) to our office. 2. Financial Instructions with copies of the following forms, which are explained in the instructions: a. The LOCCSNRS Access Authorization Form (HUD 27054). b. The Direct Deposit Form (SF-1199A). c. The Request Voucher for Grant Payment (HUD-27053 A or B). HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud,gov espanol.hud,gov ..- <..~""",.,.~...- ",...,".,..-,.""_... lllll~."""" ,_~",__'_M.'."""""_"""""' .""'.....,...".... .. ...._._..~,.~.._'--".".,.>.."~_.,--_.....- ~...._..'- 16 08 If you have any questions about how to proceed on your grant, please contact Ronald M. Muscarlla, Senior CPD Representative at (305) 536-5014 or e-mail at Ronald.m.muscarella@hud.gov We look forward to working with you. L":: Enclosures ~~-'.-._",' . ....-4 -.--r""""'""----,..'~-~---'- ---"-,,.,.;;.--.- -~,,,.,-~~,~ r ~ ----,..,~...'"...--"-,'~-~--".. --,-"~"._---~,...,~..- 16 D8 '" Recipient: Collier County Board of County Commissioners Grant #: FL0295B4D06080 1 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL34104 Tax ill #: 59-6000558 Project Location: Shelter/no address 2008 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 Jhe Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof._ The assistance which is the subject of this Grant Agreement is authorized by the McKinney- Vento Homeless Assistance Act 42 U .S.c. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOF A) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published March 19, 2008 at 73 FR 14882, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section of the NOFA, which was published July 10, 2008 at 73 FR 39840. 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. ~"_..,..,- '....._~-'"..".._"--~""",,,....""';._,"""; I" ._t"'iiIl.'~ .,..'""...,..... "'^.--. . 1 _..~c""......-,.."~ "'.,M_-...'________._..'''....''''. 1608 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. 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 B, 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 ,.,...... /.""--'- r ""8.... -,--"=,""..."",-,._,.-,~..."..,;...-.,,,, "....._......."""-<.,"*.,,_.___""'...~.~.._,_,.,.-~. _.-,. _,><.,,"~,___..-_.,.,.,,",.____~"_~k.,..__ 16 OS (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. Recipient: Collier County Board of County Commissioners Grant #: FL0295B4D06080 1 ~"~.__.----- ----"----_.._,,,_.,.,-,....-..- ,...~...,.,~_.._-----."..-'.'.,...,"~..-~,..,,'.'_.._,_..,-,..--.-"- 16 OR Illl SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Ho ins and Urban Development By: Signature and Date Maria Rosa, Ortiz-Hill Print name of signatory Director, CPD Division Title RECIPIENT Collier County Board of Commissioners Name of O?tnization {Ii I By: -I- ... "~"J~ Authorize SIgnature and Date DOruLL f=\ ol fA-) Print name of signatory CJW YrYlGU\ Title Approved as to form & legal sufficiency ATTEST: l~~~ DWIGHT E. BROCK, Clerk / Colleen Greene, ,1\ssistant County Attorney Attest" ft. "to . t....... _;. ,.If . lI't <, . Recipient: Collier County Board of County Commissioners Grant #: FL0295B4D060801 """'^"'__""'~_'""'''~"~_"_-^'''__" , "'.._,,_.........,.. ..... '~ I .1I!!,__""~""'''''''''''j'''',_,,,,,...,,,,,,,,,.....,,.,.._.....,..,,,.,.,.,.,_."".....~'-~."""".."".,,,'_,__.._,_....~",.._,,-- ,-'~-,~.,,-'Q..."........__.__. 16 D8 i ATTACHMENT A 1. The Recipient is Collier County Board of Commissioners 2. HUD's total fund obligation for this project is .$113.000, which shall be allocated as follows: a. Leasing $-0- b. Supportive services $56,500 c. Operating costs $56,500 d. HMIS $-0- e. 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 A, 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. Recipient: Collier County Board of County Commissioners Grant #: FL0295B4D06080 1 "--~--."-'---'~-"-- ~ . ~ .-- "'.'.1UIWll_;"-"""""'"""'-~ ,.<<" .M_"'___"_"~'''';''_'''"' -..~,.."_" -.-- A 1'1' ACHMENT B 16 D8 ~ PART 583---SUPPORTIVE HOUSING PROGRAM 2008 Subpart A-General Subpart A-General Sec * 583.1 Purpose and scope. 583.1 Purpose and scope (a) General. The Supportive Housing Program 583.5 Definitions is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 Subpart B-Assistance Provided U.S.e. 11381-11389). The Supportive Housing program is designed to promote the development of supportive 583.100 Types and uses of assistance housing and supportive services, including innovative 583.105 Grants for acquisition and rehabilitation approaches to assist homeless persons in the transition 583.110 Grants for new construction from homelessness, and to promote the provision of 583.115 Grants for leasing supportive housing to homeless persons to enable them 583.120 Grants for supportive service costs to live as independently as possible. 583.125 Grants for operating costs (b) CompOllt'fltS. Funds under this part may be 583.130 Commitment of grant amounts for leasing, used for: supportive services, and operating costs (I) Transitional housing to facilitate the 583.135 Administrative costs 583.140 Technical assistance movement of homeless individuals and families to 583.145 Matching requirements permanent housing; 583.150 Limitations on use of assistance (2) Permanent housing that provides long-term 583.155 Con sol idated plan housing for homeless persons with disabilities; Subpart C-Application and Grant Award Process (3) Housing that is, or is part of, a particularly innovative project for, or alternative methods of, Application and grant award meeting the immediate and long-term needs of homeless 583.200 persons; or 583.230 Environmental review (4) Supportive services for homeless persons not 583.235 Renewal grants provided in conjunction with supportive housing. Subpart D-Program Requirements 158 FR 13871, Mar. 15, 1993, as amended at 61 FR 51175, Sept. 30, 1996/ 583.300 General operation 583.305 Term of commitment; repayment of grants; * 583.5 Definitions prevention of undue benefits As used in this part: Applicant is defined in 583.310 Displacement, relocation, and acquisition 583.315 Resident rent section 422( I) of the McKinney Act (42 U.S.C 583.320 Site control 11382( I )). For purposes of this definition, 583.325 Nondiscrimination and equal opportunity governmental entities include those that have general requ irements governmental powers (such as a city or county), as well 583.330 Applicability of other Federal requirements as those that have limited or special powers (such as public housing agencies). Subpart E-Administration Consolidated plall means the plan that a jurisdiction prepares and submits to HUD in accordance 583AOO Grant agreement with 24 CFR part 91. 583 A05 Program changes Date of initial occupancy means the date that the 583AIO Obligation and deobligation of funds. supportive housing is initially occupied by a homeless AUTHORITY: 42 U.S.e. 11389 and 3535(d) person for whom HUD provides assistance under this SOURCE: 58 FR 13871, Mar. 15, 1993, unless part. If the assistance is for an existing homeless otherwise noted facil ity, the dme (l initial occupancy is the date that 18 , ....---"" --_....~,~'''~'' --~,,~~ ...-,-.-. .- ---r--' ........~'"~'",.~_.-..._"----_.."'''',.,_..._--,.''''_.--- services are first provided to the residents of supportive Supportil'e housing is defined in seti94:Qa8- the ~'~ housing \\ ith funding under this part. \1cKinney Act (42 USe. I1384(a)). Datt' ojilliriul servio! [Jrm'ision means the date ,)'u[J[Jortil't' services is defined in section 425 of that supportive services are initially provided with funds the McKinney Act (42 U.s.C 11385). under this part to homeless persons who uo not reside in Transitional housing is defined in section supportive housing. This definition applies only to 424(b) of the McKinney Act (42 U.s.e. 11384(b)). See projects funded under this part that uo not proviue also ~ 583.300(j). supportive housing. Trihe is defined in section 102 of the Housing Disahility is defined in section 422( 2) of the and Community Development Act of 1974 (42 U.S.e. McKinney Act (42 U.s.C 11382( 2)), 53(2). Homeless [Jason means an individual or family Urhan county is defined in section 102(a)(6) of that is described in section 103 of the McKinney Act (42 the Housing and Community Development Act of 1974 U.s.C 113(2). (42 U.s.C 5302(a)(6)). In general. urban counties are J1etropolitan city is defined in section 102(a)(4) those counties that are eligible for an entitlement grant of the Housing and Community Development Act of unucr 24 CFR part 570, subpart D. 1974 (42 USC 5302(a)(4)), In general, metropolitan 161 FR 51175, Sept. 30,19961 cities are those cities that are eligible for an entitkment Subpart B-Assistance Provided grant under 24 CFR part :'\70, suhpart D, New ('onsrruction means the building of a * 583.100 Types and uses of assistance. structure where none existed or an addition to an (a) Grant assistance. Assistance in the form of existing structure that increases the floor area by more grants is available for acquisition of structures, than 100 percent. rehabilitation of structures. acquisition and Operating costs is defined in section 422(:1) of rehabilitation of structures, new construction, leasing, the McKinney Act (42 USC 11382(5)). operating costs for supportive housing, and supportive services. as described in ~* 583.105 through 583.125. Outpatient ht'alth serl'ices is defined in section Appl icants may apply for more than one type of 422(6) of the McKinney Act (42 USe. 11382(6)). ass istance. Pt'rmallent housing for homeless [Jersons Il'ith (b) Ust's (?l grant aSSiSfallce. Grant assistance disahilitit's is uefined in section 424(c) of the McKinney may be used to: Act (42 u.s.e 11384(c)), (I) Establish new supportive housing facilities Privute nonprofit organi:.ario/1 is defined in or new facilities to provide supportive services; section 422(7) (A), (B), and (D) of the McKinney Act (2) Expand existing facilities in order to (42 U.s.e. 11382(7) (A), (8). and (0)). The organization must al.so have a functioning accounting increase the number of homeless persons served; system that is operated in accordance \vith generally (3) Bring ex isting facil ities up to a level that accepted accoullting principles, or designate an entity meets State and local government health and safety that will maintain a functioning accounting system for standards;. the organization in accordance with generally accerted (4) Provide additional supportive services for accounting principles residents of supportive housing or for homeless persons p1"(~it'ct is defined in sections 422(8) and 424(d) not residing in supportive housing; of the McKinney Act (42 l:.S.e. 11382(8). II384(d)). (:'i) Purchase HUD-owned single family Recipient is defined in section 422(9) of the properties currently leased by the applicant for use as a McKinney Act (42 CSe. 11382(9)), homeless facil ity under 24 CFR part 291: and Relwhilitatiofl means the improvement or repair of an (6) Continue funding supportive housing where existing structure or an addition to an existing structure the recipient has received funding under this part for that does not increase the floor area by more than 100 leasing, supportive services. or operating costs. pel\.'ent. Rehabilitation does not inc\uue minor or (c) Stl'llcturt'S used for lI1ultifl/t' pillposes routine repairs. StructurL's used to provide supportive housing or .)'tote is defined in section 422( II ) of the supportive services may also be used for other purposes, McKinney Act (42 U.s.e. II 382( II )). L'xcept that assistance under this pal1 will be available 19 -. (b) Amount. The maximum gr4 6i1BeSr only in proportion to the use of the structure for supportive housing or supportive services. new construction is the lower of: . (d) Technical assistance. HUD may offer ( I ) $400,000; or technical assistance, as described in * 583.140. (2) The total cost of the new construction. [58 FR 13871, Mar. 15, 1993, as amended at 59 FR including the cost of land associated with that 36891, July 19, 19941 construction, minus the applicant's contribution toward * 583.105 Grants for acquisition and rehabilitation. the cost of same. (a) Use. HUD will grant funds to recipients to: * 583.115 Grants for leasing. ( I ) Pay a portion of the cost of the acquisition of (a) Gent'ral. HUD will provide grants to pay (as real property selected by the recipients for use in the described in * 583.130 of this part) for the actual costs provision of supportive housing or supportive services. of leasing a structure or structures, or portions thereof, including the repayment of any outstanding debt on a used to provide supportive housing or supportive loan made to purchase property that has not been used services for up to five years. previously as supportive housing or for supportive (b)( I) Leasing structures. Where grants are used servICes; to pay rent for all or part of structures, the rent paid must (2) Pay a portion of the cost of rehabilitation of be reasonable in relation to rents being charged in the structures, including cost effective energy measures, area for comparable space. In addition, the rent paid may selected by the recipients to provide supportive housing not exceed rents currently being charged by the same or supportive services; or owner for comparable space. (3) Pay a portion of the cost of acquisition and (2) Leasing illdividual units. Where grants are rehabilitation of structures, as described in paragraphs used to pay rent for individual housing units, the rent (a)( 1) and (2) of this section. paid must be reasonable in relation to rents being (b) Amount. The maximum grant available for charged for comparable units, taking into account the acquisition, rehabilitation, or acquisition and location, size, type, quality, amenities, facilities, and rehabil itation is the lower of: management services. In addition, the rents may not exceed rents currently being charged by the same owner ( I ) $200,000; or for comparable unassisted units, and the portion of rents (2) The total cost of the acquisition, paid with grant funds may not exceed HUD-determined rehabilitation, or acquisition and rehabilitation minus fair market rents. Recipients may use grant funds in an the applicant's contribution toward the cost. amount up to one month's rent to pay the non-recipient (c) /ncrt'ast'd amounts. In areas determined by landlord for any damages to leased units by homeless HUD to have high acquisition and rehabilitation costs, participants. grants of more than $200,000, but not more than 158 FR 13871, Mar. 15, 1993, as amended at 59 FR $400.000, may be available. 36891. July 19, 19941 * 583.110 Grants for new construction. * 583.120 Grants for supportive services cost~. (a) Use. HUD will grant funds to recipients to (a) General. HUD will provide grants to pay (as pay a portion of the cost of new construction, including described in * 583.130 of this part) for the actual costs cost-effective energy measures and the cost of land of supportive services for homeless persons for up to associated with that construction, for use in the five years. Allor part of the supportive services may be provision of supportive housing. If the grant funds are provided directly by the recipient or by arrangement used for new construction, the applicant must with public or private service providers. demonstrate that the costs associated with new (b) Supportive st'rvices costs. Costs associated construction are substantially less than the costs with providing supportive services include salaries paid associated with rehabilitation or that there is a lack of to providers of supportive services and any other costs available appropriate units that could be rehabilitated at directly associated with providing such services. For a a cost less than new construction. For purposes of this transitional housing project, supportive services costs cost comparison, costs associated with rehabilitation or also include the costs of services provided to former new construction may include the cost of real property residents of transitional housing to assist their acquisition. adjustment to independent living. Such services may be 20 - _~n... T_'~'O"' "~",,-,._- ..'{'r...__ ~""'. c"",. .~,~. ,___w_ provided for up to six months after they leave the include the costs of carrying out e11iQaDi8 unde" transitional housing facility. ~~ 583.105 through 583.125. 158 FR 13871. Mar. 15, 1993, as amended at 59 FR 158 FR 13871. Mar. 15, 1993. as amended at 61 FR 36891. July 19. 19941 51175. Sept. 30. 1996J * 583.125 Grunts for operating costs. * 583.140 Technical ussistance. (a) Genaal. HUD will provide grants to pay a (a) Gel/eral. HUD may set aside funds annually portion (as descrihed in ~ 583.130) of the actual to provide technical assistance, either directly by HUD operating costs of supportive housing for up to five staff or indirectly through third-party providers, for any years. supportive housing project. This technical assistance is (b) OperaTing cosTs. Operating costs are those for the purpose of promoting the development of associated with the day-today operation of the supportive housing and supportive services as part of a supportive housing; They also include the actual continuum of care approach, including innovative expenses that a recipient incurs for conducting on-going approaches to assist homeless persons in the transition assessments of the supportive services needed by from homelessness, and promoting the provision of residents and the availability of such services; relocation supportive housing to homeless persons to enable them assistance under ~ 583.310. including payments and to live as independently as possible. services; and insurance. (h) Uses of' Technical assistallcc. HUD may use (c) Recipiellf maTch requiremcntfor operating these funds to provide technical assistance to costs. Assistance for operating costs will be available for prospect i ve appl icants. appl icants, rec ipients, or other up to 75 percent of the total cost in each year of the providers of supportive housing or services for homeless grant term. The recipient must pay the percentage of the persons, for supportive housing projects. The assistance actual operating costs not funded by HUD. At the end of may include. but is not limited to. written information each operating year, the recipient must demonstrate that such as papers. monographs, manuals, guides, and it has met its match requirement of the costs for that brochures; person-to-person exchanges; and training and year. related costs. 158 FR 13871, Mar. 15, 1993, as amended at 61 FR (c) Selection o(pml'iders. From time to time. as 51175. Sept. 30, 1996; 65 FR 30823. May 12, 2000 I HUD determines the need. HUD may advertise and * 583.130 Commitment of grunt umounts for leusing, competitively select providers to deliver technical supportive senices, and operating costs assistance. HUD may enter into contracts, grants, or cooperative agreements, when necessary, to implement Upon execution of a grant agreement covering the technical assistance. assistance for leasing, supportive services. or operating [59 FR 36892. July 19. 19941 costs. HUD will obligate amounts for a period not to exceed five operating years. The total amount ohligated * 583.145 l\lutching requirements. \vill be equal to an amount necessary for the specified (a) Gel/crol. The rec ipient must match the funds years of operation, less the recipient's share of operating provided by HUD for grants for acquisition, costs. rehabilitation, and new construction with an equal (Approved by the Office of Management and Budget amount of funds from other sources. under OMB control number 2506-(112) 159 FR 36891. (b) Cash reSOllrct's. The matching funds must be July 19. 1994] cash resources provided to the project by one or more of * 583.135 Administrative costs. the following: the recipient, the Federal government. (a) Generul. LJ p to fi ve percent of any grant State and local governments, and private resources. awarded under this part may be lIsed for the purpose of (c) :v/ail/tenaJ/ce 0( eltort. State or local paying costs of administering the assistance. government funds used in the matching contribution are (h) .\dministratil'e ('osts. Administrative costs subject to the maintenance of dTort requirements include the costs associated with accounting for the use described at * 583.150(a). of grant funds, preparing reports for submission to * 583.150 Umitutions on use of ussistance. HUD. obtaining program audits. similar cO.sts related to (a) Mllillfenwlct' 01 ellort. No assistance administering the grant after the award. and staff salaries provided under this part (or any State or local associated with these administrative costs. They do not government funds used to supplement this assistance) 21 may be used to replace State or local funds previously conducting eligible activities under this partlvb.e 0 8 used, or designated for use, to assist homeless persons. structure is used for both eligible and inherently (b) Faith-based activities. (I) Organizations that religious activities, program funds may not exceed the are religious or faith-based are eligible, on the same cost of those portions of the acquisition, construction, or basis as any other organization, to participate in the rehabilitation that are attributable to eligible activities in Supportive Housing Program. Neither the Federal accordance with the cost accounting requirements government nor a State or local government receiving applicable to Supportive Housing Program funds in this funds under Supportive Housing programs shall part. Sanctuaries, chapels, or other rooms that a discriminate against an organization on the basis of the Supportive Housing Program-funded religious organization's religious character or affiliation. congregation uses as its principal place of worship, (2) Organizations that are directly funded under however, are ineligible for Supportive Hou~ing the Supportive Housing Program may not engage in Program-funded improvements. Disposition of real inherently religious activities, such as worship, religious property after the term of the grant, or any change in use instruction, or proselytization as part of the programs or of the property during the term of the grant, is subject to services funded under this part. If an organization government- wide regulations governing real property conducts such activities, the activities must be offered disposition (see 24 CFR parts 84 and 85). separately, in time or location, from the programs or (6) If a State or local government voluntarily services funded under this part, and participation must contributes its own funds to supplement federally be voluntary for the beneficiaries of the HUD-funded funded activities, the State or local government has the programs or services. option to segregate the Federal funds or commingle (3) A religious organization that participates in them. However, if the funds are commingled, this the Supportive Housing Program will retain its section applies to all of the commingled funds. independence from Federal, State, and local (c) Participant colltrol of site. Where an governments, and may continue to carry out its mission, applicant does not propose to have control of a site or including the definition, practice, and expression of its sites but rather proposes to assist a homeless family or religious beliefs, provided that it does not use direct individual in obtaining a lease, which may include Supportive Housing Program funds to support any assistance with rent payments and receiving supportive inherently religious activities, such as worship, religious services, after which time the family or individual instruction, or proselytization. Among other things, remains in the same housing without further assistance faith-based organizations may use space in their under this part, that applicant may not request assistance facilities to provide Supportive Housing Program- for acquisition, rehabilitation, or new construction. funded services, without removing religious art, icons, [58 FR 13871, Mar. 15, 1993, as amended at 59 FR scriptures, or other religious symbols. In addition, a 36892, July 19, 1993; 68 FR 56407, Sept. 30, 20031 Supportive Housing Program-funded religious * 583.155 Consolidated plan. organization retains its authority over its internal governance, and it may retain religious terms in its (a) Applicants that are States or units ofgt'neral organization's name, select its board members on a local govanment. The applicant must have a HUD- religious basis, and include religious references in its approved complete or abbreviated consolidated plan, in organization's mission statements and other govern ing accordance with 24 CFR part 91, and must submit a documents. certification that the application for funding is consistent (4) An organization that participates in the with the HUD-approved consolidated plan. Funded Supportive Housing Program shall not, in providing applicants must certify in a grant agreement that they are program assistance, discriminate against a program following the HUD-approved consolidated plan. beneficiary or prospective program beneficiary on the (b) Applicants that are not States or llllits of basis of religion or religious belief. general local government. The applicant must submit a (5) Program funds may not be used for the certification by the jurisdiction in which the proposed acquisition, construction, or rehabilitation of structures project will be located that the applicant's application to the extent that those structures are used for inherently for funding is consistent with the jurisdiction's HUD religious activities. Program funds may be used for the approved consolidated plan. The certification must be acquisition, construction, or rehabilitation of structures made by the unit of general local government or the only to the extent that those structures are used for State, in accordance with the consistency certification 22 - r -<.>..,~- ",!-"';"~ <""""",,'~,,"_",_l_____ """'_'~'__'.o.'-<< -,- provisions of the consolidated plan regulations. 24 CFR supply all availabl~. relevant, inf?rmati16efl;lr part 91 ,subpart F. the n:sponslble entity (or HLD, If appl . t e' rm (c) Indian trihes and the Insular ,\reas orGualll, for \?ach property any \?nvironmental review required by the U.S. Virgin Islands. American Samoa. and tht' this part. The recipient also shall carry out mitigating Northern Mariana Islands. These entities are not measures required by the responsible entity (or HUD, if required to have a consolidated plan or to make applicable) or select alternate eligible property. HUD consolidated plan certifications. An application by an Illay eliminate from consideration any application that Indian tribe or other applicant for a project that \vill be would require an Environmental Impact Statement located on a reservation of an Indian tribe \v ill not (EIS). require a certification by the tribe or the State. However. (b) The recipient, its project partners and their where an Indian tribe is the applicant for a project that contractors may not acquire, rehabi I itate, convert, kase, will not be located on a reservation, the requirement for repair. dispose of. demolish or construct property for a a certification under paragraph (b) of this section \..ill project under this part. or commit or expend HUD or apply. local funds for such eligible activities under this part. (d) Timing or consolidated plan certil/cation until the responsible entity (as defined in * 58.2 of this suhmissions. Unless otherwise set forth in the NOFA, titk) has completed the environmental review the required cel1ification that the application for funding procedures required by paI1 58 and the environmental is consistent with the HUD-approwd consolidated plan certification and RROF have been approved or HUD has must be submitted by the funding application performed an environmental review under part 50 and submission deadline announced in the NOFA. the recipient has received HUD approval of the [60 FR 16380, Mar. 30, 1995 I property. HUD will not release grant funds if the Subpart C-Application and Grant Award Process recipi\?nt or any other party commits grant funds (i.e.. incurs any costs or expenditures to be paid or * 583.200 Application and grant award reimbursed with such funds) before the recipient When funds are made available for assistance. submits and HUD approves its RROF (where such HUD will publish a notice of funding availability suhmission is required). (NOFA) in the FEDERAL REGISTER. in accordance 168 FR 561 J I. Sept. 29, 2003] with the requirements of 24 CFR part 4. HUD will * 583.235 Renewal grants. review and screen applications in accordance with the (a) General. Grants made under this part. and requirements in section 426 of the McKinney Act (42 U.S.e. 11386) and the guidelines. rating criteria. and grants made under subtitles C and D (the Supportive procedures published in the NOFA. Housing Demonstration and SAFAH, respectively) of the Stewart B. McKinney Homeless Assistance Act as in 161 FR 5 II 76, Sept. 30. 1996] effect hefore October 28, 1992, may be renewed on a * 583.230 Environmental review. noncompetitive hasis to continue ongoing leasing, (a) Activities under this part are subject to HUD operations. and supportive services for additional years environmental regulations in part 58 of this title. except beyond the initial funding period. To be considered for that HUD will perform an environmental review in renewal funding for leasing, operating costs, or accordance with part 50 of this title prior to its approval supporti ve s\?rvices. recipients must submit a request for of any conditionally selected applications for Fiscal \uch funding in the form specified hy HUD, must meet Year 2000 ami prior years that were received directly the requirements of this part. and must submit requests from private nonprofit entities and governmental entities within the time period established by HUD. with special or limited purpose pow\?rs. For activities (b) Assistance avuilahle. The first renewal will under a grant that generally would be subj\?ct to re\ iew he for a period of time not to exceed the difference unLler part 58. HUD may make a finding in accordance hetwe\?Il the \?nd of the initial funding period and ten \\ ith * 58.11 (d) and may itself perform the years from the date of initial occupancy or the date of environmental revi\?w under the provisions of part 50 of initial service provision. as applicable. Any subsequent this title if the recipient objects in writing to the renewal will be for a period of time not to exceed five responsible entity's performing the review under part years. ,....ssistance during each year of the renewal 58. Irrespective of whether the responsihle entity in period.suhject to maintenance of effort requirements accord with paI1 5S (or HliD in accord with part :'iO) under * 583.1 SOla) may be for: performs the environmental review, the recipierlt shall 23 . (I) Up to 50 percent of the actual operating and (b) Habitability standards. Except f16h 0 8 leasing costs in the final year of the initial funding variations as are proposed by the recipient and approved period; by HUD, supportive housing must meet the following (2) Up to the amount of HUD assistance for requirements: supportive services in the final year of the initial funding ( I ) Structure and materials. The structures must period; and be structurally sound so as not to pose any threat to the (J) An allowance for cost increases. health and safety of the occupants and so as to protect (c) HUD review. (I) HUD will review the the residents from the elements. request for renewal and will evaluate the recipient's (2) Access. The housing must be accessible and performance in previous years against the plans and capable of being utilized without unauthorized use of, goals established in the initial application for assistance, other private properties. Structures must provide . as amended. HUD will approve the request for renewal alternate means of egress in case of fire. unless the recipient proposes to serve a population that (3) Space and security. Each resident must be is not homeless, or the recipient has not shown adequate afforded adequate space and security for themselves and progress as evidenced by an unacceptably slow their belongings expenditure of funds, or the recipient has been Each resident must be provided an acceptable place to unsuccessful in assisting participants in achieving and sleep. maintaining independent living. In determining the (4) /ntt'rior air quality. Evcry room or space recipient's success in assisting participants to achieve and maintain independent living. consideration will be must be provided with natural or mechanical ventilation. given to the level and type of problems of participants. Structures must be free of pollutants in the air at levels For recipients with a poor record of success, HUD will that threaten the health of residents. also consider the recipient's willingness to accept (5) Water supply. The water supply must be free technical assistance and to make changes suggested by from contamination. technical assistance providers. Other factors which will (6) Sanitar.vfacilities. Residents must have affect HUD's decision to approve a renewal request access to sufficient sanitary facilities that are in proper include the following: a continuing history of inadequate operating condition, may be used in privacy, and are financial management accounting practices, indications adequate for personal cleanliness and the disposal of of mismanagement on the part of the recipient, a drastic human waste. reduction in the population served by the recipient, (7) Thermal t'nvironmellf. The housing must program changes made by the recipient without prior have adequate heating and/or cooling facilities in proper HUD approval, and loss of project site. operating condition. (2) HUD reserves the right to reject a request (8) Illumination and electricity. The housing from any organization with an outstanding obligation to must have adequate natural or artificial illumination to HUD that is in arrears or for which a payment schedule permit normal indoor activities and to support the health has not been agreed to, or whose response to an audit and safety of residents. Sufficient electrical sources finding is overdue or unsatisfactory. must be provided to permit use of essential electrical (3) HUD will notify the recipient in writing that appliances while assuring safety from fire. the request has been approved or disapproved. (9) Food preparation alld rejzlse di.\po,ml. All (Approved by the Office of Management and Budget food preparation areas must contain suitable space and under control number 2506-0112) equipment to store, prepare, and serve food in a sanitary Subpart D-Program Requirements manner. * 583.300 General operation. (10) Sallitary condition. The housing and any (a) State and local requiremellts. Each recipient equipment must be maintained in sanitary condition. of assistance under this part must provide housing or (II) Firt' safety. (i) Each unit must include at scrviccs that are in compliance with all applicable State Icast one battery-operated or hard-wired smoke detector, and local housing codes, licensing requirements. and any in proper working condition, on each occupied level of other requirements in the jurisdiction in which the the unit. Smoke detectors must be located, to the extcnt project is located rcgarding the condition of the structure practicable, in a hallway adjacent to a bedroom. If the and the operation of the housing or services. unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for 24 .'+~,". .. .......---....,..- ~ _....~1Il'ii ,,,-'_~ li1111 -A_.''''.,'''.__,_"'''_."rl.......,'''c.;,<,'~"'_....''''''''~_~^'''__"._.."u.,,-_'''''~,"v<''''-"M_''''.. .'<t_ _~ .. ""..., ,.."~"","'_'_~_'_o__"~ --- hearing-impaired persons in each bedroom occupied by . .(1) The confidenli.lily OfI'OdsO'8ing '<411 a hearing-impaired person. any IndIVidual services; and ( i i) The publ ic areas of all housing must be (2) That the address or location of any project equipped \vith a sufficient number, but not less than one assisted will not be made public, except with written for each area, of battery-operated or hard-wired smoke authorization of the person or persons responsible for detectors. Public areas include, but are not limited to, the operat ion of the project. laundry rooms, community rooms, day care ct?nters. (i) Termination of' hOllsing assistance hallways. stairwells, and other common areas. The recipient may terminate assistance to a participant (c) ,Heals. Each recipient of assistance under v.ho violates program requirements. Recipients should this part who provides supportive housing for homeless terminatt? assistance only in the most severe cases. persons with disabilities must provide meals or meal Recipients may resume assistance to a participant whose preparation facilities for residents. assistance was previously terminated. In terminating (d) Ollgoing assessmen t of' SllppOrt i I't' .\ef"l'iccs. assistance to a participant, the recipient must provide a Each recipient of assistance under this part must conduct formal process that recognizes the rights of individuals an ongoing assessment of the supportive services rt?ct?iving assistance to due process of law. This process, required by the residents of the project and the at a minimum, must consist of: availability of such services. and make adjustments as ( I ) Written notice to the participant containing a appropriate. clear statement of the reasons for termination; (e) Residential sllpef"l'isioll. Each recipient of (2) f\ review of the decision, in which the assistance under this part must provide residential participant is given the opportunity to present written or supervision as necessary to facilitate the adequate oral objections before a person other than the person (or provision of supportive services to the residents of the a subordinate of that person) who made or approved the housing throughout the term of the commitment to termination decision; and operate supportive housing. Residential supcrvision may (J) Prompt written notice of the final decision to include the employment of a full- or part-time residential supervisor with sufficient knowledge to the participant. provide or to supervise the provision of supportive (j) Limitation (~f'stay in transitional hOIlSillg. A services to the residents. homeless individual or family may remain in transitional (f) Participation o!, homeless pcrSOllS. ( I ) Each housing for a period longer than 24 months, if recipient must provide for the participation of homeless permanent housing for the individual or family has not persons as required in section 426(g) of the McKinney been located or if the individual or family requires Act (42 U.S.e. 11386(g)). This requirement is waived if additional time to prepare for independent living. an applicant is unable to meet it and presents a plan for However. HUD may discontinue assistance for a HUD approval to otherwise consult with homeless or transitional housing project if more than half of the formerly homeless persons in considering and making homeless individuals or families remain in that project policies and decisions. See also ~ 583.330(e). longer than 24 months. (2) Each recipient of assistance under this pari (k) Olltpatit'f/f health serl'iccs. Outpatient health must, to the maximum extent practicable. involve services provided by the recipient must be approved as homeless individuals and families, through employment. appropriate by HUD and the Department of Health and volunteer services, or otherwise, in constructing, Human Services (HHS). Upon receipt of an application rehabilitating, maintaining, and operating the project that proposes the provision of outpatient health services, and in providing supportive services for the project. HUD will consult with HHS with respect to the appropriateness of the proposed services. (g) Rccords and reports. Each recipient of (I) Annual assurunces. Recipients who receive assistance under this part must keep any records and make any reports (including those pertaining to race. assistance only for leasing, operating costs or supportive ethnicity, gender. and disability status data) that HUD services costs must provide an annual assurance for each may require \\ ithin the timt'frame required. year such assistance is received that the project will he operated for the purpose specified in the application. (h) Con/ldeflfiality. Each rec ipient that prov ides (Approved by the Office of Management and Budget family violence prevention or treatment ~ervict?s must develop and implement procedures to ensure: under control number 2506-(112) 158 FR 11871, Mar. 25 : 15, 1993, as amended at 59 FR 36892, July 19, 1994; 61 (3) The recipient must maintain records in FR 51176, Sept. 30, 19961 sufficient detail to demonstrate compliance Ita 08 ~ 583.305 Term of commitment; repayment of provisions of this section. grants: prevention of undue benefits. (e) Appeals. A person who disagrees with the (a) Term of commitment and convasion. recipient's determination concerning whether the person Recipients must agree to operate the housing or provide qualifies as a "'displaced person:' or the amount of supportive services in accordance with this part and with relocation assistance for which the person is eligible, sections 423 (b)( I) and (b)(3) of the McKinney Act (42 may file a written appeal of that determination with the U.s.e. 11383(b)(I), 11383(b)(3)). recipient. A low-income person who is dissatisfied with (b) Repayment of grant and pre\'(Jntion of undue the recipient's determination on his or her appeal may submit a written request for review of that determination bellefits. In accordance with section 423( c) of the to the HUD field office. McKinney Act (42 U.S.e. I I 383(c)), HUD will require recipients to repay the grant unless HUD has authorized (f) Def7nitioll of displaced person. (I) For conversion of the project under section 423(b)(3) of the purposes of this section, the term "displaced person" McKinney Act (42 U.S.e. I I 383(b)(3)). means a person (family, individual, business, nonprofit [61 FR 51176, Sept. 30, 19961 organization, or farm) that moves from real property, or moves personal property from real property permanently ~ 583.310 Displacement, relocation, and acquisition. as a direct result of acquisition, rehabilitation, or (a) Minimi:ing displacement. Consistent with demolition for supportive housing projects assisted the other goals and objectives of this part, recipients under this part. The term "displaced person" includes, must assure that they have taken all reasonable steps to but may not be limited to: minimize the displacement of persons (families, (i) A person that moves permanently from the individuals, businesses, nonprofit organizations, and real property after the property owner (or person in farms) as a result of supportive housing assisted under control of the site) issues a vacate notice, or refuses to this part. renew an expiring lease in order to evade the (b) Relocation assistallcefor displaced pasons. responsibility to provide relocation assistance, if the A displaced person (defined in paragraph (f) of this move occurs on or after the date the recipient submits to section) must be provided relocation assistance at the HUD the application or application amendment levels described in, and in accordance with, the designating the project site. requirements of the Uniform Relocation Assistance and (ii) Any person, including a person who moves Real Property Acquisition Policies Act of 1970 (URA) before the date described in paragraph (f)( I )(i) of this (42 U .S.e. 4601-4655) and implementing regulations at section, if the recipient or HUD determines that the 49 CFR part 24. displacement resulted directly from acquisition, (c) Real property acquisitioll requiremellts rehabilitation, or demolition for the assisted project. The acquisition of real property for supportive housing (iii) A tenant-occupant of a dwelling unit who is subject to the URA and the requirements described in moves permanently from the building/complex on or 49 CFR part 24, subpart B. after the date of the" initiation of negotiations" (see (d) Re.\pollsibility of recipient. (I) The recipient paragraph (g) of this section) if the move occurs before must certify (i.e.. provide assurance of compliance) that the tenant has been provided written notice offering him it will comply with the URA, the regulations at 49 CF-"R or her the opportunity to lease and occupy a suitable, part 24, and the requirements of this section, and must decent, safe and sanitary dwelling in the same building! ensure such compliance notwithstanding any third complex, under reasonable terms and conditions, upon party's contractual obligation to the recipient to comply completion of the project. Such reasonable terms and with these provisions. conditions must include a monthly rent and estimated (2) The cost of required relocation assistance is average monthly utility costs that do not exceed the greater of: an eligible project cost in the same manner and to the same extent as other project costs. Such costs also may (A) The tenant's monthly rent before the be paid for with local public funds or funds available initiation of negotiations and estimated average utility from other sources. costs, or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, there must be a 26 , =~-_"~'''''_'__~'''''_"'''''';_''''''''"_..'I!llII. ~--_.< . ._~w ~;-"~-,"~._--"",._'~---- reasonable hasis for concluding at the time the project is replacement housing assistance to. be provide1t~ g 8 initiated that future rent increases will be modest. residential tenant displaced as a dIrect result ~ p at (iv) A tenant of a dwelling who is required to undertaken rehabilitation, demolition, or acquisition of the real property. the term "initiation of negotiations ., relocate temporarily, but does not return to the means the execution of the agreement between the hllilding/complex. if either: recipient and HUD. (A) A tenant is not offered payment for all (h) Definition o(pmject. For purposes of this reasonable out-of-pocket expenses incurred in section, the term' 'project'. means an undertaking paid connection with the temporary relocation, or for in \vhole or in part with assistance under this part. (B) Other conditions of the temporary relocation Two or more activities that are integrally related, each are not reasonable. essential to the others. are considered a single project, (v) A tenant of a dwell ing who moves from the whether or not all component activities receive huilding/complex permanently after he or she has been assistance under this part. required to move to another unit in the same ISH FR 1.1871. Mar. 15, 1993, as amended at 59 FR huilding/complex, if either: Y1H92, July 19, 19941 (A) The tenant is not offered reimbursement for * 583.315 Resident rent. all reasonable out-of-pocket expenses incurred in (a) Calculation of'resit!ent rent. Each resident of connection with the move; or supportive housing may be required to pay as rent an (B) Other conditions of the move are not amount determined by the recipient which may not reasonable . ,-'xceed the highest of: (2) Notw'ithstanding the provisions of paragraph (I) 30 percent of the family's monthly adjusted (t)( I ) of th is section, a person does not qual ify as a income (adjustment factors include the number of "displaced person" (and is not eligible for relocation people in the family, age of family members, medical assistance under the URA or this section). if: expenses and child care expenses). The calculation of (i) The person has been evictcd for serious or the family's monthly adjusted income must include the rcpeated violation of the terms and conditions of the expense deductions provided in 24 CFR 5.6 I I (a), and lease or occupancy agreement, violation of applicable for persons with disabilities, the calculation of the Federal, State. or local or tribal law. or other good family's monthly adjusted income also must include the cause, and HUD determines that the eviction \vas not disallowance of earned income as provided in 24 CFR undertaken for the purpose of evading the obligation to ).617, if applicable; provide relocation assistance; (2) 10 percent of the family's monthly gross (ii) The person moved into the property after the income; or submission of the application and. before signing a lease (3) If the family is receiving payments for and commencing occupancy. \vas provided written \velfare assistance from a public agency and a part of the notice of the project, its possible impact on the person payments, adjusted in accordance with the family's (e.g., the person may be displaced, temporarily actual housing costs, is specifically designated by the rdllcated, or suffer a rent increase) and the fact that the agency to meet the family's housing costs, the portion of person would not qualify as a "displaced person" (or the payment that is designated for housing costs. for any assistance provided under this section), if the (b) Use of'rent. Resident rent may be used in the project is approved; opera! ion of the project or may be reserved, in whole or (iii) The person is ineligible under 49 CFR in part. to assist residents of transitional housing in 24.2(g)(2); or moving to permanent housing. (iv) HUD determines that the person was not (c) Fees. In addition to resident rent, recipients displaced as a direct result of acquisition, rehabilitation, may charge residents reasonable fees for services not or demolition for the project. paid with grant funds. (3) The recipient may request, at any time, 158 FR 13871, Mar. 15. 1993, as amended at 59 FR HUD's determination of v"hether a displacement is or 36892, July 19, 191.}4; 66 FR 6225. Jan. 19.2001] lHild be covered under this section. * 583.320 Site control. (g) D~/i'llitioll oj'illitiatio" o{llegotiutiolls. For (a) Sitt' control. (I) Where grant funds will be purposes of determining the formula for computing the used for acquisition, rehabilitation, or new construction 27 J to provide supportive housing or supportive services, or their powers of self-government. and to I~&og~ where grant funds will be used for operating costs of authorities (IHAs) when established by the exercise 0 supportive housing, or where grant funds will be used to such powers. When an IHA is established under State provide supportive services except where an applicant law, the applicability of the Indian Civil Rights Act will will provide services at sites not operated by the be determined on a case-by-case basis. Projects subject applicant, an applicant must demonstrate site control to the Indian Civil Rights Act must be developed and before HUD will execute a grant agreement (e.g.. operated in compliance with its provisions and all through a deed, lease. executed contract of sale). If such implementing HUD requirements, instead of title VI and site control is not demonstrated within one year after the Fair Housing Act and their implementing initial notification of the award of assistance under this regulations. part, the grant will be deobligated as provided in (c) Procedures. (I) If the procedures that the paragraph (c) of this section. recipient intends to use to make known the availability (2) Where grant funds will be used to lease all of the supportive housing are unlikely to reach persons or part of a structure to provide supportive housing or of any particular race, color, religion, sex, age, national supportive services, or where grant funds will be used to origin, familial status, or handicap who may qualify for lease individual housing units for homeless persons who admission to the housing, the recipient must establish will eventually control the units, site control need not be additional procedures that will ensure that such persons demonstrated. can obtain information concerning availability of the (b) Site change. (I) A recipient may obtain housing. ownership or control of a suitable site different from the (2) The recipient must adopt procedures to make one specified in its application. Retention of an available information on the existence and locations of assistance award is subject to the new site's meeting all facilities and services that are accessible to persons with requirements under this part for suitable sites. a handicap and maintain evidence of implementation of (2) If the acquisition, rehabilitation, acquisition the procedures. and rehabilitation, or new construction costs for the (d) Accessibility requirt'ments. The recipient substitute site are greater than the amount of the grant must comply with the new construction accessibility awarded for the site specified in the application, the requirements of the Fair Housing Act and section 504 of recipient must provide for all additional costs. If the the Rehabilitation Act of 1973, and the reasonable recipient is unable to demonstrate to HUD that it is able accommodation and rehabilitation accessibil ity to provide for the difference in costs, HUD may requirements of section 504 as follows: deobligate the award of assistance. ( I ) All new construction must meet the (c) Failure to obtain site control H'ithin one accessibility requirements of 24 CFR 8.22 and, as year. HUD will recapture or deobligate any award for applicable, 24 CFR 100.205. assistance under this part if the recipient is not in control (2) Projects in which costs of rehabilitation are of a suitable site before the expiration of one year after 75 percent or more of the replacement cost of the initial notification of an award. building must meet the requirements of 24 CFR 8.23(a). ~ 583.325 Nondiscrimination and equal opportunity Other rehabi I itation must meet the requirements of 24 requirements. CFR 8.23(b). (a) Gelleral. Notwithstanding the permissibility 158 FR 13871, Mar. 15, 1993, as amended at 59 FR of proposals that serve designated populations of 33894, June 30,1994; 61 FR 5210, Feb. 9,1996; 61 FR disabled homeless persons, recipients serving a 51176, Sept. 30,1996] designated population of disabled homeless persons are * 583.330 Applicability of other Federal required, within the designated population, to comply requirement" with these requirements for nondiscrimination on the In addition to the requirements set forth in 24 basis of race, color, religion, sex, national origin, age, familial status, and disability. CFR part 5, use of assistance provided under this part (b) Nondiscrimination and equal opportunity must comply with the following Federal requirements: requirements. The nondiscrimination and equal (a) Flood insurance. (1) The Flood Disaster opportunity requirements set forth at part 5 of this title Protection Act of 1973 (42 U.S.C 4001-4128) prohibits apply to this program. The Indian Civil Rights Act (25 the approval of applications for assistance for U.s.e. 1301 et seq.) applies to tribes when they exercise acquisition or construction (including rehabilitation) for 28 .... "- .....-, ..~;~,,;'"'".~;;-~;-,~"'-"'_.,~.....'''"~ """",,,,..,.*,-..,,,,,,,,,,",,,,, ~~.~.......~ -- <.;upportive housing located in an area identified by the is in a position to participate in a decisiont.~ U8 Fcderal Emergency Managcment Agency (FErv1A) as process or gain inside information with re~ s having special flood hazards. unless: activities. may obtain a personal or financial interest or (i) The community in \vhich the area is situated benefit from the activity, or have an interest in any is participating in the National Flood Insurance Program contract. subcontract, or agreement with respect thereto, (see 44 CFR parts 59 through 79), or less than a year has or the proceeds thereunder. either for himself or herself passed since FEMA notification regarding sllch hazards; or for those with whom he or she has family or business and ties, during his or her tenure or for one year thereafter. (ii) Flood insurance is obtained as a condition of Pal1icipation by homeless individuals who also are participants under the program in policy or approval of the application. decisionrnaking under * 583.300(f) does not constitute a (2) Applicants with supportive housing located conl1 ict of interest. in an area identified by FEMA as having special tlood (2) Upon the written request of the recipient, hazards and receiving assistance for acquisition or HUD may grant an exception to the provisions of construction (including rehabi( itation) arc responsible paragraph (e)( I ) of this section on a case-by-case basis for assuring that 1100d insurance under the National when it determines that the exception will serve to Flood Insurance Program is obtained and maintaincd. further the purposes of the program and the effective (b) The Coastal Barrier Resources Act of 1982 and efficient administration of the recipient's project. ( 16 C:.S.e. 350 I t'r self.) lllay apply to proposals under An exception may be considered only after the recipient this part, depending on the assistance requested. has provided the following: (c) Applicu/Jility ofOJ'vtB CirClllurs. The (i) For States and other governmental entities, a policies, guidelines, and requirements of OMB Circular disclosure of the nature of the conflict. accompanied by No. A-87 (Cost Principles Applicable to Grants, an assurance that there has been public disclosure of the Contracts and OthL'r Agreements with State and Local conflict and a description of how the public disclosure Governments) and 24 CFR part 85 apply to the award, was made; and acceptance, and use of assistance under the program by (ii) For all recipients. an opinion of the governmental entities, and OMB Circular Nos. A-II 0 recipient's attorney that the interest for which the (Grants and Cooperative Agreements with Institutions of exception is sought would not violate State or local law. Higher Education, Hospitals, and Other Nonprofit Organizations) and A-I22 (Cost Principles Applicable (3) In determining whether to grant a requested to Grants, Contracts and Other l\greernents with L'xception after the recipient has satisfactorily met the Nonprofit Institutions) apply to the acceptance and use requirement of paragraph (e)( 2) of this section. HUD of assistance by private nonprofit organizations, L'xcept will consider the cumulative effect of the following where inconsistent with the provisions of the McKinney factors. where applicable: Act. other Federal statutes. or this pa11. (Copies of O!\lB (i) Whether the exception would provide a Circulars may be obtained from E.O.P. Publications, significant cost benefit or an essential degree of room 2200. New Executive Office Building. expertise to the project which would otherwise not be Washington, DC 20503, telephone (202) 395-7332. available: (This is not a toll-free number.) There is a limit of two (ii) Whether the person affected is a member of free copies. a group or class of eligible persons and the exception (d) Lewl-hused paint. The Lead-Based Paint will permit such person to receive generally the same Poison ing Prevention Act (42 U.s.c. 4821-4846). the interests or benefits as are being made available or Residential Lead- Based Paint Hazard Reduction Act of provided to the group or class; 1992 (42 U.S.e. .+851-4856). and implementing (i i i) Whether the affected person has withdrawn regulations at part 35. subparts A. B, 1. K. and R of this from his or her functions or responsibilities. or the title apply to activities under this program. decisiollmaking process with respect to the specific k) Conjlicrs 0/ inreresr. ( I ) In addition to the assisted activity in question; conflict of interest requirements in 24 CFR part 85, no (iv) Whether the interest or benefit \vas present person who is an employee. agent, consultant. officer. or before the affected person \vas in a position as described elected or appointed official of the recipient and who in paragraph (e)( 1) of this section: exercises or has L'.xercised any functions or responsibilities with respect to assisted activities. or who 29 (v) Whether undue hardship will result either to (a) Obligation (~l.fimds. When HU~ ~ tg 8 the recipient or the person affected when weighed applicant execute a grant agreement, funds are obligated against the public interest served by avoiding the to cover the amount of the approved assistance under prohibited contlict; and subpart B of this part. The recipient will be expected to (vi) Any other relevant considerations. carry out the supportive housing or supportive services (f) Audit. The financial management systems activities as proposed in the application. used by recipients under this program must provide for (b) Increases. After the initial obligation of audits in accordance with 24 CFR part 44 or part 45, as funds, HUD will not make revisions to increase the applicable. HUD may perform or require additional amount obligated. audits as it finds necessary or appropriate. (c) Deobligatioll. (I) HUD may deobligate all or (g) Davis-Bacon Act. The provisions of the parts of grants for acquisition. rehabilitation, acquisition 01 Davis-Bacon Act do not apply to this program. and rehabilitation. or new construction: [58 FR 13871. Mar. 15, 1993, as amended at 6] FR (i) If the actual total cost of acquisition, 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 19991 rehabilitation, acquisition and rehabilitation, or new Suhpart E-Administration construction is less than the total cost anticipated in the application; or * 583.400 Grant agreement. (ii) If proposed activities for which funding was (a) General. The duty to provide supportive approved are not begun within three months or residents housing or supportive services in accordance with the do not begin to occupy the facility within nine months requirements of this part will be incorporated in a grant after grant execution. agreement executed by HUD and the recipient. (2) HUD may deobligate the amounts for annual (b) Enforcemellt. HUD will enforce the leasing costs, operating costs or supportive services in obligations in the grant agreement through such action any year: as may be appropriate, including repayment of funds (i) If the actual leasing costs, operating costs or that have already been disbursed to the recipient. supportive services for that year are less than the total * 583.405 Program changes. cost anticipated in the application; or (a) HUD approval. (I) A recipient may not (ii) If the proposed supportive housing make any significant changes to an approved program operations are not begun within three months after the without prior HUD approval. Significant changes units are available for occupancy. include, but are not limited to, a change in the recipient, (3) The grant agreement may set forth in detail a change in the project site, additions or deletions in the other circumstances under which funds may be types of activities I isted in * 583.100 of this part deobligated, and other sanctions may be imposed. approved for the program or a shift of more than 10 percent of funds from one approved type of activity to (4) HUD may: another, and a change in the category of participants to (i) Readvertise the availability of funds that be served. Depending on the nature of the change, HUD have been deobl igated under this section in a notice of may require a new certification of consistency with the fund availability under * 583.200, or consolidated plan (see * 583.155). (i i) A ward deobl igated funds to appl ications (2) Approval for changes is contingent upon the previously submitted in response to the most recently application ranking remaining high enough after the published notice of fund availability, and in accordance approved change to have been competitively selected for with subpart C of this part. funding in the year the appl ication was se lected. (b) Documentation qlother changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the recipient's records. 158 FR 1387], Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30, 19961 * 583.410 Ohligation and deobligation of funds. 30 .. - ,._~_..,,,,,,,,,,- -- ~,,,,,,-,,,~,,'~-'. '....--.- ", lftl ~ -"'"""".,"~"._"._,",,,~<<,-,,.-.,,,~,~-,--_. ORIGINAL DOCUMENTS CHECKLIST & ROUTING ~ 08 ~ TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only.!!!l!:!:: the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates. and/or information needed. If the document is already complete with the exc tion of the Chairman's si ature, draw a line throu routin lines # 1 throu #4, lete the checklist, and forward to Sue Filson line #5). Office Initials Date County Attorney QYl& 1'3/.Cf1 2. 3. 4. 5. Board of County Commissioners ~ D13lCi)' 6. Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BeC Chairman's signature are to be delivered to the BeC office only after the BeC has acted to approve the item.) Name of Primary Staff Wendy Klopf? Housing & Human Services Phone Number 252-2901 Contact Agenda Date Item was July 28/2009 Agenda Item Number 16D8 Approved by the BCC Type of Document Grant Agreement-CoC HM1S Number of Original 3 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a TO riate. 1. Original document has been signed! initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's WK Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the WK document or the final ne otiated contract date whichever is a Iicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's WK si ature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip WK should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the Bee on 07/2812009 and all changes made during WK the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the chao es, if a licable. ): Forms! County Forms! BCC Formsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 ~,,,,... ",."_..._>1'."....'...",..,.",.,~.,"~ 16 08 ... Recipient: Collier County Board of Commissioners Grant #: FL0294B4D06080 1 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL 34104 Tax ID #: 59-6000558 Project Location: 279 Airport Road S., Naples, FL 34104 2008 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 Collier Countv Board of Commissioners the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof._ The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.c. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act; the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NO FA, which was published March 19,2008 at 73 FR 14882, and the second part was the Continuum of Care Homeless Assistance Programs NOF A Section of the NOFA, which was published July 10,2008 at 73 FR 39840. 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. "- ~ l .. '11' .----~ ~R 1" .",_"_'_"""~."..-".".,.,,,~,......,.,,,,,,,~,,....,.".-.,..._,,,,,,_~__.,_e'.,_"" ~.,~-,,--~---~..- 16 OR ~ 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. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: (N/A) 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 . ...."~"....,'._,'"",',___<'-.__"'_,,,_,_ I"" .r.'m ~-"'--_., "-""<~"~",,,,,,,,,,---,,,,,,-~,-,,~-,.,,--, , -"........-- 1.6 ng '" (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 (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. Recipient: Collier County Board of Commissioners Grant #: FL0294B4D060801 ^"-.._""_......_,_.._,-"..~ . , ..-.."". ..'e_o-"_____, !" l_~____ _Ol~..._~~..,.,.,~__'" . -""",.".,..,.".."",,,.. . -"-,.....~, <~._._~ _.......__'e'. 16 08 ,. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: c(i{C(tt2?;ff;fl}&:; -/%(( --Signature and Date Maria Rosa, Ortiz-Hill Print name of signatory Director, Community Planning and Development Division Title RECIPIENT Collier County Board of Commissioners Name of Organization . 17 f By. {r !; - r"' ~ ~- ~ -4. Authorize SIgnature and Date bf)hJV.L rlaJ~ Print name of signatory ~'l rfYLhLh Title Approved as to form & legal sufficiency ~ ~ ATTES~ ~f "'iAA-, DWIGHT E. BROCK, Clerk Colleen Greene, Assistant County Attorney Attest ......tAr Recipient: Collier County Board of Commissioners ,1",.tn, ...If Grant #: FL0294B4D060801' ~ , "_d_'.__~"''''_,.""",~_",>>~~_'''"_''_'''''''~'_'''_''_~ ..........-"~. _^,"",,,,..,,._. ~_~."O_;" 1~." 1'\1II.-"1111'. .-,_..__""', 'i ""'~"",<""~ ..,'~.__ _",_",,_"_',_ 16 ns "II ... A TT ACHMENT A 1. The Recipient is Collier County Board of Commissioners 2. HUD's total fund obligation for this project is $104.646, which shall be allocated as follows: a. Leasing $-0- b. Supportive services $-0- c. Operating costs $-0- d. HMIS $99.663 e. 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 A, 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. Recipient: Collier County Board of Commissioners Grant #: FL0294B4D060801 _...._"'~ ~~".~.~....,.'^'- ^ >""."""~",,,,_,,_-,_,_,;--"-'q.,"'''''''-'-"''~.'''-'-'''" ---'''''''~'--'''' _....."..~,...~--_.~----- ATTACHl\lENT B 16 08 . PART 583-SUPPORTIVE HOUSING PROGRAM Subpart A-General Subpart A-General Sec * 583.1 Purpose and scope. 583.1 Purpose and scope (a) Gel/era/. The Supportive Housing Program 583.5 Definitions is authorized by title IV of the Stewart B. McKinney Homeless Assistance Act (the McKinney Act) (42 Suhpart B-Assistance Pro~'ided U.S.e. 11.181-11389). The Supportive Housing program is designed to promote the development of supportive 583.100 Types and uses of assistance housing and supportive services, including innovative 583.105 Grants for acquisition and rehabil itation approaches to assist homeless persons in the transition 583.110 Grants for new construction from homelessness, and to promote the provision of 583.115 Grants for leasing supportive housing to homeless persons to enable them 583.120 Grants for supportive service costs to live as independently as possible. 583.125 Grants for operating costs (b) Components. Funds under this part may be 583.130 Commitment of grant amounts for leasing, used for: supportive services, and operating costs (I) Transitional housing to facilitate the 583.135 Administrative costs 583.140 Technical assistance movement of homeless individuals and families to 583.145 Matching requirements permanent housing; 583.150 Limitations on use of assistance (2) Permanent housing that provides long-term 583.155 Consol idated plan housing for homeless persons with disabilities; Suhpart C-Application and Grant Award Process (3) Housing that is, or is part of, a particularly innovative project for, or alternative methods of, Application and grant award meeting the immediate and long-term needs of homeless 583.200 persons; or 583.230 Environmental review (4) Supportive services for homeless persons not 583.235 Renewal grants provided in conjunction with supportive housing. Subpart D-Program Requirements 158FR 1387LMar.15, 1993, as amended at61 FR 51175, Sept. 30,19961 583.300 General operation 583.305 Term of commitment; repayment of grants; * 583.5 Definitions prevention of undue benefits As used in this part: Appl;callt is defined in 583.310 Displacement, relocation, and acquisition 583.315 Resident rent section 422( I) of the McKinney Act (42 U.S.C 583.320 Site control 11382( I i). For purposes of this definition, 583.325 Nondiscrimination and equal opportunity governmental entities include those that have general requirements governmental powers (such as a city or county), as well 583.330 Applicability of other Federal requirements as those that have limited or special powers (such as public housing agencies). Subpart E-Administration Consolidated plall means the plan that a jurisdiction prepares and submits to HUD in accordance 583.400 Grant agreement with 24 CFR part 91. 583.405 Program changes Date o{ initial occupancy means the date that the 583.410 Obligation and deobligation of funds. supportive housing is initially occupied by a homeless AUTHORITY: 42 U.S.e. 11389 and 3535(d) person for whom HUD provides assistance under this SOURCE: 58 FR 13871, Mar. 15. 1993, unless part. If the assistance is for an existing homeless otherwise noted facility, the datc (!{init;al occupancy is the date that 18 ~~_'~"'c'~_",~.""_""","__<____,_,,,_"_ iI(I~ RllI IV ""~""-' "'"""'<'_' , , ""II _ ~.... ,~.,"'-" --,~--~~._-----~.- I services are first provid~d to the resid~nts of supportive SUlJportil'e hOllsing is ucfined in sect164(0)8e housing \\iith funding under this part. \tcKinncy ,\ct (42 U.s.e. IlJ84(a)). Date 0/ initial selTice provision means the uate Supportive .\'l'/TiCl's is defined in section 425 of that supportive serviccs are initially provided with funds the McKinney Act (42 U.S.C 1(385). under this part to homeless persons who do not rcsiuc in Trunsitiollal housing is defined in section supportive housing. This definition applies only to 424(b) of the :'vkKinncy Act (42 U.S.e. 11384(b)). See projects funded under this part that do not provide also ~ 583.300(j). sUPPOltive housing. Trihe is uefined in section 102 of the Housing Disahilitv is defined in section 422(2) of the and Community Development Act of 1974 (42 U.S.e. McKinney Act (42 U.s.C IlJ82(2)). 5302). Homeless person means an individual or family Urhm/ coullty is defined in section 102(a)(6) of that is described in section IOJ of the :'vlcKinney Act (42 the Housing and Community Development Act of 1974 U.S.C 113(2). (42 U.S.C 5302(a)(6)). In general, urban counties are J/t'tropolitm/ city is defined in section I 02( a)( 4) those cOllnties that are eligible for an entitlement grant of the Housing and Community Development Act of under 24 CFR part 570, subpart D. 1974 (42 U.S.C 5302(a)(4)). In gcneral, metropolitan 161 FR 51175, Sept. 30,1996] cities are those cities that are eligible for an entitlement Suhpart B-Assistance Provided grant under 24 CFR part 570, subpart D. Nt'\1' constmction means the building of a * 583.100 Types and uses of assistance. structure where none ~xisted or an auuition to an (a) Grant assistal/ce. Assistance in the form of cxisting structure that increases the floor area by more grants is available for acquisition of structures, than 100 percent. rehabilitation of structures, acquisition and Operutillg costs is defineu in section 422( 5) of rehabilitation of structures, new construction, leasing, the McKinney Act (42 U.s.C 11382(5)). op~rating costs for supportive housing, and supportive services, as describeu in ** 583.105 through 583.125. Outflatit'l/t health st'/Tict's is defined in s~ction Appl icants may apply for more than one type of 422(6) of the McKinney Act (42 U.s.e. 11382(6)). assistance. Permanent !rousing for homelt'ss pt'rsol/s H'il!r (b) U\'es of grant assistal/ce. Grant assistance disabilities is defined in section 424(c) of th~ \lcKinney may be used to: Act (42 U.S.C 11384(c)). (I) Establish new .supportive housing facilities Pril'{/fe l/ollpn~f1t orgm/i:ation is defined in or new facilities to proviue supportive services; .section 422(7) (A), (B), and (D) of the McKinney Act (2) Expand existing facilities in order to (42 U.s.e. 11382(7) (A), (B). anu (D)). The organization must also havc a functioning accounting increase th~ number of homeless persons served; syst~m that is operateu in accordance with generally (3) Bring existing facilities up to a level that accepted accounting principles, or designate an cntity meets State and local govcrnment health and safety that will maintain a functioning accounting syst~m for standards; . the organization in accordancc with gcnerally acceptcd (4) Provide additional supportive services for accounting principles resiJents of supportive housing or for homeless persons Pn~iect is defined in sections 422( 8) and 424( d) not residing in supportive housing; of the McKinney Act (42 U.s.e. 11.182(8), 11.184(d)). (5) Purchase HUD-owned single family Recipient is ddined in sect ion 422( l)) of the properties currently kased by the applicant for use as a \tcKinney Act (42 USe. 11.182(9)), homeless facility under 24 CFR part 291; and Re!whilitariol/ mcans the improvcment or repair of an (6) Continue funding supportive housing \vhere existing structure or an aduition to an cxisting structurc the rccipicnt has received funding under this part for that lines not incrcase the floor area by more than 100 kasing, supportive scrvices, or operating costs. percent. Rehabilitation Joes not include minor or (c) .)'trl/ctures used/lJ!' lIIultiple purposes routine repairs. Structurcs uscd to prov ide supportive housing or Stute is defined in sl'L'lion 422{11 ) of the supportive services may also be used for other purposes, McKinney Act (42 U.S.e. 11382( II )). cxcept that assistance under this part will be available 19 (b) ,1/1101/111. Tbe max i mum la~ a vga~ for """'" . '1 only in proportion to the use of the structurc for supportive housing or supportive services. new construction is the lower of: (d) Technical assistallce. HUD may offer ( I ) $400,000; or technical assistance, as described in * 583.140. (2) The total cost of the new construction, 158 FR 13871, Mar. 15, 1993, as amended at 59 FR including the cost of land associated with that 36891. July 19, 19941 construction, minus the applicant's contribution toward * 583.105 Grants for acquisition and rehahilitation. the cost of same. (a) Use. HUD will grant funds to recipients to: * 583.115 Grants for leasing. (I) Pay a portion of the cost of the acquisition of (a) General. HUD will provide grants to pay (as real propel1y selected by the recipients for use in the described in * 583.130 of this part) for the actual costs provision of supportive housing or supportive serviccs, of leasing a structure or structurcs, or portions thcreof, including the repayment of any outstanding debt on a used to provide supportive housing or supportive loan made to purchase property that has not been used services for up to five years. previously as supportive housing or for supportive (b)( I ) Leasillg strt/ctllrt's. Where grants are used serv Ices; to pay rent for all or part of structures, the rent paid must (2) Pay a portion of the cost of rehabilitation of be reasonable in relation to rents being charged in the structures, including cost effective energy measures, area for comparable space. In addition, the rcnt paid may selected by the recipients to provide supportive housing not exceed rents currently being charged by the same or supportive services; or owner for comparable space. (3) Pay a portion of the cost of acquisition and (2) Lt'asillg individllalwlits. Where grants are rchabil itation of structures, as described in paragraphs used to pay rent for individual housing units, the rent (a)( I) and (2) of this section. paid must be reasonable in relation to rents being (b) Amount. The maximum grant available for charged for comparable units, taking into account the acquisition, rehabilitation, or acquisition and location, size, type, quality, amenities, facilities, and rehabilitation is the lowcr of: management services. In addition, the rents may not exceed rents currently bcing charged by the same owner ( I ) $200,000; or for comparable unassisted units, and the portion of rents (2) The total cost of the acquisition, paid with grant funds may not excced HUD-determined rehabilitation, or acquisition and rehabilitation minus fair market rents. Recipients may use grant funds in an the applicant's contribution toward the cost. amount up to one month's rent to pay the non-recipient (c) Incrcased WIlOI/1/tS. In areas determined by landlord for any damages to leased units by homeless HUD to have high acquisition and rehabilitation costs, participants. grants of more than S200,000, but not morc than [58FR 13871,Mar.15, 1993, asarnended at 59 FR $400,000, may be available. 36891, July 19, 19941 * 583.110 Grants for new construction. * 583.120 Grants for supportive services costs. (a) Use. HUD will grant funds to recipients to (a) General. HUD will provide grants to pay (as pay a portion of the cost of new construction, including described in * 583.130 of this part) for the actual costs cost-effective energy measures and the cost of land of supportive services for homeless persons for up to associated with that construction, for use in thc five years. All or part of the supportive services may be provision of supportive housing. If the grant funds are provided directly by the recipient or by arrangement llsed for new construction, the applicant must \\ ith public or private service providers. demonstrate that the costs associated with new (b) SlIpporti\'e serl'ices costs. Costs associated construction are substantially less than the costs with providing supportive services include salaries paiJ associated with rehabilitation or that there is a lack of to providers of supportive services and any other costs available appropriate units that could be rehabilitated at directly associated with providing such services. For a a cost less than new construction. For purposes of this transitional housing project. supportive services costs cost comparison, costs associated with rehabilitation or also include the costs of services provided to former new construction may include the cost of real property residents of transitional housing to assist their acquisition. aJjustment to independent living. Such services may be 20 - ---,...---..--.... - "".;r..'_"",_'_""""""'"""'" _1'""",..~.......-._._,.^.__.,.". -__ "'-.I"" t_m.._~"" . 0,' _..._,"'~" __,,_"h provided for up to six months after they leave the include the costs of carrying out el16acDi8 under ~ transitional housing facility. ~* 583. 105 through 583.125. 158 FR 13871, \lar. 15, 1993, as amended at 59 FR 158 FR 13871. ~lar. 15, 1993, as amended at 61 FR 36891. July 19, 19941 51175, Sept. 30,19961 * 583.125 Grants for operating costs. * 583.1"'0 Technical assistance. (a) Genal/I. HUD \vill provide grants to pay a (a) General. HUD may set aside funds annually portion (as described in * 583.130) of the actual to provide technical assistance, either directly by HUD operating costs of supportive housing for up to five staff or indirectly through third-party providers, for any years. supportive housing project. This technical assistance is (b) Operating costs. Operating costs are those for the purpose of promoting the development of associated with the day-today operation of the supportivc housing and supportive services as part of a supportive housing. They also include the actual L'ontinuum of care approach, including innovative expenses that a recipient incurs for conducting on-going approaches to assist homeless persons in the transition assessments of the supportive services needed by from homelessness, and promoting the provision of residents and the availability of such services; relocation supportive housing to homeless persons to enable them assistance under * 583.310, including payments and to live as independently as possible. services; and insurance. (b) (jles of technical l/.Isistl/nce. HUD may use (c) Recipient lIIotch rCl/llircmcntjiJf' operating these funds to provide technical assistance to ('osts. Assistance for operating costs will be available for prospecti \ e appl icants, appl icants, rec ipients, or other up to 75 percent of the total cost in each year of the providers of supportive housing or services for homeless grant term. The recipient must pay the percentage of the persons, for supportive housing projects. The assistance actual operating costs not funded by HUD. A.t the end of may include. but is not limited to, written information each operating year. the recipient must demonstrate that such as papers, monographs, manuals. guides. and it has met its match requirement of the costs for that brochures; person-to-person exchanges; and training and year. related costs. 158 FR 13871, Mar. 15. 1993, as amended at 61 FR (L') Selection o(prol'idas. From time to time. as 51175, Sept. 30. 1996; 65 FR 30823, May 12, 20001 HCD determines the need, HUD may advertise and * 583.130 Commitment of grant amounts for leasing, competitively select providers to deliver technical supportive services, and operating costs assistance. HUD may enter into contracts, grants, or cooperati\e agreements, when necessary, to implement upon execution uf a grant agreement covering the technical assistance. assistance for leasing, supportive services, or operating 159 FR 36892, July 19, 19941 costs, HUD will obligate amounts for a period not to exceed five operating years. The total amount obi igated * 583.1"'5 Matching re(luirements. will be equal to an amount necessary for the specified (a) G('//e ra I. The recipient must match the funds years of operation, less the recipient's share of operating provided by HUD for grants for acquisition, costs. rehabilitation, and new construction with an equal (Approved by the Office of Management and Budget amount of funds from other sources. under OMB control number 2506-(112) 159 FR 36891. (b) Cash f'l'.I'OUf'(,(!.I'. The matching funds must be July 19. 1994/ cash resources provided to the project by one or more of * 583.135 Administrative costs. the following: the recipient. the Federal government, (a) (;enel'lll. l:p to five percent of any grant State and local governments. and private resources. awarded under this part may be used for the purpose of (c) Jfl/il1tl'I1l/I1Cl' of'l'IF1rt. State or local paying costs of administering the assistance. government funds used in the matching contribution are (b). \dlllil1isrmti\'e costs. Administrative costs subjcct to the maintenance of effort requirements include the costs associated vvith accounting for the use desnibed at ~ 5S3.150(a). of grant funds, preparing reports for submission to * 583.150 Limitations on lIse of assistance. HCD. obtaining program audits, similar costs rL'lalL'd to (a) jHailltt'l/l/l1cl' o( l'!f;)J'(. No assistance administering the grant after the ;mard, and staff .salaries prov'ided under this part (or any State or local associated with these administrative costs. They do not government funds lIsed to supplement this assistance) 11 . , .. .. . 1,6 0 8'- may be used to mplace Statc or local funds previously conductlllg ellglblc actIvities undcr thiS part. Wnere a used, or designated for use. to assist homeless persons. structure is used for both eligible and inherently (b) Fuith-hused uctivities. (I) Organizations that religious activities, program funds may not exceed the are religious or faith-bascd are eligible, on the same cost of those portions of the acquisition. construction. or basis as any other organization, to participate in the rehabilitation that are attributable to el igible activities in Supportive Housing Program. Neither the Federal accordance with the cost accounting requirements government nor a State or local govcrnment receiving applicable to Supportive Housing Program funds in this funds under Supportive Housing programs shall part. Sanctuaries, chapels, or other rooms that a discriminate against an organization on the basis of the Supportive Housing Program-funded religious organization's religious charactcr or affiliation. congrcgation uses as its principal place of \vorship, (2) Organizations that are directly funded under however, are ineligible for Supportive Housing the Supportive Housing Program may not engage in Program-fundcd improvements. Disposition of real inherently religious activities, such as worship, religious property after the term of the grant, or any change in use instruction, or proselytization as part of the programs or of the property during the term of the grant, is subject to services funded under this part. If an organization government- widc regulations governing real property conducts such activities, the activities must be offered disposition (see 24 CFR parts 84 and 85). separately, in time or location, from the programs or (6) If a State or local government voluntarily services funded under this part, and participation must contributes its own funds to supplement federally be voluntary for the beneficiaries of the HUD-funded funded activities, the State or local government has the programs or services. option to segregate the Federal funds or commingle (3) A religious organization that participates in them. However, if the funds are commingled, this the Supportive Housing Program will retain its section appl ies to all of the commingled funds. independenee from Federal, State, and local (c) Purticipunt control of site. Where an governments, and may continue to carry out its mission, applicant does not propose to have control of a site or including the definition, practice, and expression of its sites but rather proposes to assist a homeless family or rcligious beliefs, provided that it does not use direct individual in obtaining a lease, which may include Supportive Housing Program funds to support any assistance with rent payments and reeeiving supportive inherently religious activities, such as worship, religious services, after which time the family or individual instruction, or proselytization. Among other things, remains in the same housing without further assistance faith-based organizations may use space in their under this pmt, that applicant may not request assistance facilities to provide Supportive Housing Program- for acquisition, rehabilitation, or new construction. funded services, without removing religious art, icons, 158 FR 1387 I, Mar. 15, 1993, as amended at 59 FR scriptures, or other religious symbols. In addition, a 36892, July 19, 1993; 68 FR 56407, Sept. 30, 20031 Supportive Housing Program-funded religious * 583.155 Consolidated plan. organization retains its authority over its internal governance, and it may retain religious terms in its (a) Applicunts thut ure Stutes or units ofgelleral organization's name, select its board members on a locul go\'erlll1lt'llt. The applicant must have a HUD- religious basis, and include religious references in its approved complete or abbreviated consolidated plan, in organization's mission statements and other govern ing accordance with 24 CFR part 91, and must submit a documents. certification that the application for funding is consistent (4) An organization that participates in the with the HUD-approved consolidated plan. Funded Supportive Housing Program shallllot, in providing appl icants must certify in a grant agreement that they are program assistance, discriminate against a program following the HUD-approved consolidated plan. beneficiary or prospective program beneficiary on the (b) l\pplinll1ts that art' I/ot ,"J'tates or units (!f basis of religion or religious belief. gellerallocal gOl'eI'nlllt'l/t. The applicant must submit a (5) Program funds may not be used for the certification by the jurisdiction in which the proposed acquisition, construction, or rehabilitation of structures project will be located that the appl icant' s application to the extent that those structures are used for inherently for funding is consistent with the jurisdiction's HUD religious activities. Program funds may be used for the approved consolidated plan. The certification must be acquisition, construction, or rehabi I itation of structures made by the unit of general local government or the only to the extent that those structures are used for State, in accordance with the consistency certification 22 I ,-.--..'''"" ....~.,---,.'-""'-,--,..."".. .- -"'. ^""--_..~"_._"..- _e'M'__ .",.,-,-, .,,~"----~_..,..., provisions of the consolidatl?d plan regulations, 24 CFR supply all available. relevant infol;Qn OcBary fO~ .~ part l) I. subpart F. the responsible entity (or HUD. if applicable) to perform (c) I/ldial/ tr;!Jes a/ld tht' Insular .\rl'as 0/ GUWII, for I?ach property any environmental revil?\", required by the U. S. Vi rg;/I Isla/lds. ,\lI7ericall .S'clI/lOa. alld I he this part. The recipient also shall carry out mitigating Norr1!l'rI/ Alar;(/lIa Islands. These entities are not measures rl?quired by the responsible entity (or HUD. if required to have a consolidated plan or to make applil'ahlc) or select alternatc eligihle property. BUD consolidatcd plan ccrtifications. ,'\n application by an may eliminate from considcration any application that Indian tribe or other applicant for a project that will be would require an Environmental Impact Statement located on a reservation of an Indian tribe will not (EIS). rcquire a certification by the trihe or the State. Howevcr, (b) The recipient. its project partners and their where an Indian trihe is the applicant for a projel't that contractors may not acqu ire, rchabi I itate, convert. lease. will not be located on a reservation, the rcquirement for repair, dispose of, demolish or construct property for a a certification untkr paragraph (h) of th is sect ion \\ ill project under this part, or commit or expend HUD or apply. local funds for sllch I?ligible activities under this part, (d) Till/;ng o/(,(!/1sofidalcd plall certilicalion until the responsible entity (as defined in ~ 58.2 of this su!JII7;SS;Ol/s. Unless otherwise set forth in the NOFA, title) has completed the emironmental review the required cl?rtification that the application for funding procedure.s required by part 58 and the environmental is consistent with the HUD-approved consolidated plan certification and RROF have been approved or HUD has must he submittl?d by the funding application performed an environmental review under patt 50 and submission deadline announced in the NOFA. the recipient has received HUD approval of the 160 FR 16380, :vlar. 30, 19951 property. HUD will not release grant funds if the rl'cipient or any other party commits grant funds (i.t'.. Suhpart C-Application and Grant Award Process incurs any costs or expenditures to he paid or * 583.200 Application and grant award reimhursed with such funds) before the recipient When funds are made available for assistance. suhmits and HUD approves its RROF (where such HUD will publish a notice of funding availability submission is required). (NOFA) in the FEDERAL REGISTER. in accordance 168 FR 561.11, Sept. 29, 20031 with the requirements of 24 CFR palt 4. HUD will * 583.235 Renewal grants. review and screen applications in accordance with the (a) Gt'I1eral. Grants made under this part, and requirements in section 426 of the rvlcKinney Act (42 u.s.e. 113X6) and the guidelines. rating criteria. and grants Illade under subtitles e and D (the Supportive procedures published in the NOFA. Housing Demonstration and SAFAH, respectively) of the Stewart B. Mc Kinney Homeless Assistance Act as in 161 FR51176,Sept.30.19961 effect hefore October 28, 1992, may be renewed on a * 583.230 Environmental review. noncompetitive basis to continue ongoing leasing, (a) Activities under this part are subject to HUD operations, and sllpportive services for additional years environmental regulations in part 58 of this title. except beyond the initial funding period. To be considered for that HliD will perform an environmental review in relll'\\al funding for leasing. operating costs, or accordance with part 50 of this title prior to its apprO\al supportive services. recipients must submit a request for of any conditionally selected applications for Fiscal such funding in the form specified by HCD, must Illeet Year 2000 and prior years that were received directly the requirements of this part, and must submit requests from private nonprofit entities and goverrll1lenLalentities within the time period established hy HUD. with special or limited purpose powers. For activities (b) ,\ssi.\!(/I/ce (/\'(/;lable. The first renewal will under a grant that generally would be subject to rniew be for a period of time not to exceed the difference under part 58, HLJD may make a finding in accordance between the end of the in itial funding period and tcn \\ ith ~ 58.11 (d) and may itself perform the Yl'ars from thl? date of initial occupancy or the date of environmental review under the provisions of part 50 of initial service provision, as applicable. Any subsequent this title if the recipient objects in writing to the rcnev,al \vill be for a period of time not to exceed fi\e responsible entity's performing the review under part Yl'ars. Assistance during each year of the renewal 58. Irrespective of whether the responsible entity in period. subject to maintenance of effort requirements accord with part 58 (or HUD in accord with part 50) under ~ 583.1 50(a) may be for: performs the environmental rcvievi. the recipient shall 23 (b) Hahitahilit}, standard~2pMr~ch ~ ( I) Up to 50 percent of the actual operating and leasing costs in the final year of the initial funding variations as are proposed by the recipient and approved period; by HUD, supportive housing must meet the following (2) Up to the amount of HUD assistance for requirements: supportive services in the final year of the initial funding ( I) Structllre and materials. The structures must period; and be structurally sound so as not to pose any threat to the (3) An allowance for cost increases. health and safety of the occupants and so as to protect (c) HUD review. (I) HUD will review the the residents from the elements. request for renewal and will evaluate the recipient's (2) Access. The housing must be accessible and performance in previous years against the plans and capable of being utilized without unauthorized use of goals established in the initial application for assistance, other private properties. Structures must provide as amended. HUD will approve the request for renewal alternate means of egress in case of fire. unless the recipient proposes to serve a population that (J) Space alld secllrity. Each resident must be is not homeless, or the recipient has not shown adequate afforded adequate space and security for themselves and progress as evidenced by an unacceptably slow their belongings expenditure of funds, or the recipient has been Each resident must be provided an acceptable place to unsuccessful in assisting participants in achieving and sleep. maintaining independent living. In determining the (4) Interior air (jllality. Every room or space recipient's success in assisting participants to achieve and maintain independent living, consideration will be must be provided with natural or mechanical ventilation. given to the level and type of problems of participants. Structures must be free of pollutants in the air at levels For recipients with a poor record of success, HUD will that threaten the health of residents. also consider the recipient's willingness to accept (5) Water supply. The water supply must be free technical assistance and to make changes suggested by from contamination. technical assistance providers. Other factors which will (6) Sanitar.vfacilitit's. Residents must have affect HUD's decision to approve a renewal request access to sufficient sanitary facilities that are in proper include the following: a continuing history of inadequate operating condition, may be used in privacy, and are financial management accounting practices, indications adequate for personal cleanliness and the disposal of of mismanagement on the patt of the rec ipient, a drastic human waste. reduction in the population served by the recipient, (7) Thermal environment. The housing must program changes made by the recipient without prior have adequate heating and/or cooling facilities in proper HUD approval, and loss of project site. operating condition. (2) HUD reserves the right to reject a request (8) Illumination and electricity. The housing from any organization with an outstanding obligation to must have adequate natural or artificial illumination to HUD that is in arrears or for which a payment schedule permit normal indoor activities and to support the health has not been agreed to, or \vhose response to an audit and safety of residents. Sufficient electrical sources finding is overdue or unsatisfactory. must be provided to permit use of essential electrical (3) HUD will notify the recipient in writing that appliances while assuring safety from fire. the request has been approved or disapproved. (9) Food preparation and rejilse disposal. All (Approved by the Office of Management and Budget food preparation areas must contain suitable space and under control number 2506-0112) equipment to store, prepare, and serve food in a sanitary Suhpart D-Program Requirements man ner. ~ 583.300 General operation. ( 10) .)'anitar.v conditioll. The housing and any (a) Statt' and local rt'(jlliremellts. Each recipient equipment must be maintained in sanitary condition. of assistance under this part must provide housing or (II) Fire sarety. (i) Each unit must include at services that are in compliance with all applicable State least one battery-operated or hard-wired smoke detector, and local housing codes, licensing requirements, and any in proper working condition, on each occupied level of other requirements in the jurisdiction in which the the unit. Smoke detectors must be located, to the extent project is located regarding the condition of the structure practicable, in a hallway adjacent to a bedroom. If the and the operation of the housing or serv ices. unit is occupied by hearing- impaired persons, smoke detectors must have an alarm system designed for 24 ".__h"'__ _.,"-,"_.__.,."..,..,~"._,,"-"'''' _~.... ."""""-~'"",~'M." ""-,----;-. ",_._.".,~,,---~ 16 08 1 hearing-impaired pl'rsons in each bedroom occupil'd by ( I) The confidentiality of records pertaining to a hearing-impaired person. any individual services; and (ii) The public areas of all housing must he (2) That the address or location of any project equipped with a sufficient numbl'r. but not less than one as.sisted \..ill not be made public, except with written for each area. of battl'ry-operated or hard-wired smoke authorization of the person or persons responsible for detectors. Public areas include. but are not limited to. the operation of the project. laundry rooms, community rooms, day care L'enters. ( i) Termination ol housing assistmlct' hallways, stairwells. ami other common areas. The recipient may terminate assistance to a participant (c) Meals. Each recipient of assistance under who violates program requirements. Recipients should this part who provides supportive housing for homeless terminate assistance only in the most severe cases. persons with disabllities must provide meals or meal Recipients may resume assistance to a participant whose preparation facilities for residents. assistance was previously terminated. In terminating (d) Ollgoing assessment o(wpportil'e sen'iccs. assistance to a patticipant, the recipient must provide a Each recipient of assistance under this part must conduct formal process that recognizes the rights of individuals an ongoing assessment of the supportive services receiving assistance to due process of law. This process, required by the residents of the project and the at a minimum. must consist of: availability of such services. and make adjustments as ( I) Written notice to the participant containing a appropriate. c !car statement of the reasons for termination; (e) Residt'lltiul sllpelTision. Each recipient of (2) A review of the decision, in which the assistance under this part must provide residential participant is givL'n the opportunity to present written or supervision as necessary to facilitate the adequate oral objections before a person other than the person (or provision of .supportive senin:s to the residents of the a subordinate of that person) \\ ho made or approved the housing throughout the term of the commitment to termination decision: and operate supportive housing. Residential supervision may (J) Prompt written notice of the final decision to include the employment of a full- or part-time residential supervisor with suffic ient know ledge to the participant. provide or to supervise the provision of supportive (j) Limitatioll olsta)' ill transitional housing. A services to the residents, homeless individual or family may remain in transitional (n Participation ol hOll/dess persons. ( I ) Each housing for a period longer than 24 months, if recipient must provide for the participation of homeless permanent housing for the individual or family has not persons as required in section 426(g) of the McKinnL'y been located or if the individual or family requires Act (42 U.s.e. II3R6(g)). This requirement is \vaived if additional time to prepare for independent living. an applicant is unable to meet it and presents a plan for However, HUD may discontinue assistance for a HUD approval to otherwise consult with homeless or transitional housing project if more than half of the formerly hom~less persons in considering and making homeless individuals or families remain in that project policies and decisions. See also ~ 583..DO(e). longer than 24 months. (2) Each recipient of assistance under this part (k) Outpotient ht'olth St'n'ias. Outpatient health must. to the maximum extent practicable. in\'olv~ sen ices prov ided by the rec i pient must be approved as homeless individuals and families, through employment, appropriate hy HUD and the Departm~nt of Health and volunteer services, or otherw ise. in construct ing, I-hunan Services (HHS). Upon receipt of an application rehabilitating, maintaining, and operating the project that proposes the provision of outpatient health services, and in prm iding supportive serviL'es for the project. HL'D will consult with HHS \vith respect to the appropriaten~ss of the proposed sel"\ ices. (g) Records WId r('ports. Each recipient of (I) Allnl/(/{ a.\,\//I,(//IC(,.\. Recipients who rec~ive assistance under this part must keep any records and make any reports (including those pertaining to race. assi"tance only for leasing. operating co..ts or supportive ethnicity, gender, and disability status data) that Hl'D ..ervices costs must provide an annual assurance for each may require \v ithin the timeframe rcquired, y~ar such assistance is received that the project will be operated for the purpose specified in the application. (h) Conjidl'l1tiulitv. Each recipient that provides (.\pproved by the Office of Management and Budget family violence prevention or treatment servicL's must develop and implement procedures to ensure: underL'ontrolnumber 2506-(112) 158 FR 13871. Mar. 25 m The recipient must mata~reQdftn ~!"" . .'", 1),1993, as amended at 59 FR 36892, July 19, 1994: 61 FR 51176, Sept. 30, 1996] sufficient detail to demonstrate compliance with * 583.305 Term of commitment; repayment of provisions of this section. grants; prevention of undue benefits. (e) Appeals. A person who disagrees with the (a) Terlll (~{ COllll1litlllellt lIlId COli version, recipient's determination concerning whether the person Recipients must agree to operate the housing or provide qualifies as a "displaced person," or the amount of supportive services in accordance with this part and with relocation assistance for which the person is eligible, sections 423 (b)( I ) and (b)( 3) of the McKinney Act (42 may file a written appeal of that determination with the U.s.e. 11J83(b)(I), I I 383(b)(3)). recipient. A low-income person who is dissatisfied with (b) RepavlIlt'lIt of grant and prl'l'e1/tioll (ll/ndl/e the recipient's determination on his or her appeal may ht'nejfts. In accordance with section 423(c) of the suhmit a written request for review of that determination McKinney Act (42 u.s.e. 11J83(c)). HUD will require to the HUD field office. recipients to repay the grant unless HUD has authorized m Dej/llitiofl o{ disphlct'd person. ( I ) For conversion of the project under section 423(h)(3) of the purposes of this section, the term "displaced person" McKinney Act (42 U.S.e. 11383(h)(3)). means a person (family, individual, business. nonprofit 161 FR51176,Sept.30, 19961 organization, or farm) that moves from real property, or moves personal property from real property permanently * 583.310 Displacement, relocation, and acquisition. as a direct result of acquisition, rehabilitation, or (a) Millimi::.illg displacement. Consistent with demolition for supportive housing projects assisted the other goals and objectives of this part, recipients under this part. The term "displaced person" includes, must assure that they have taken all reasonable steps to but may not be I im ited to: minimize the displacement of persons (families, (i) A person that moves permanently from the individuals, businesses, nonprofit organizations, and real property after the property owner (or person in farms) as a result of supportive housing assisted under control of the site) issues a vacate notice, or refuses to this part. renew an expiring lease in order to evade the (b) Relocation assistance .fcu' displaced pasof/.\', responsibility to provide relocation assistance, if the A displaced person (defined in paragraph (f) of this move occurs on or after the date the recipient submits to section) must be provided relocation assistance at the HUD the application or application amendment levels described in, and in accordance with, the designating the project site. requirements of the Uniform Relocation Assistance and (ii) Any person, including a person who moves Real Property Acquisition Policies Act of 1970 (lYRA) before the date described in paragraph (f)(I)(i) of this (42 U.S.e. 4601-4655) and implementing regulations at section, if the recipient or HUD determines that the 49 CFR part 24. displacement resulted directly from acquisition, (c) Real property acquisition requirements rehabilitation, or demolition for the assisted project. The acquisition of real property for supportive housing (iii) A tenant-occupant of a dwelling unit who is subject to the URA and the requirements described in moves permanently from the building/complex on or 49 CFR part 24, subpart B. after the date of the" initiat ion of negotiations" (see (d) Re.\J)()//sihility of recipicllt. ( I) The recipient paragraph (g) of this section) if the move occurs before must certify (i.e., provide assurancc of compliance) that the tenant has becn provided written notice offering him it will comply with the URA, the regulations at 49 CFR or her the opportunity to lease and occupy a suitable, part 24. and the requirements of this section, and must dccent, safe and sanitary dwelling in the same building/ ensure such compl iance notw ithstanding any third complex, under rcasonable terms and conditions, upon party's contractual obligation to the recipient to comply completion of the project. Such reasonable terms and with these provisions. conditions must include a monthly rent and estimated (2) The cost of required relocation assistance is average monthly utility costs that do not exceed the an eligible project cost in the same manner and to the grcater of: same extent as other project costs. Such costs also may (A) The tenant's monthly rent before the bc paid for with local public funds or funds available initiation of negotiations and estimated average utility from other sources. costs. or (B) 30 percent of gross household income. If the initial rent is at or near the maximum, thcre must be a 26 _" ,.....u.'_..__,...""."...,~~,_"CJ...'.,..,.,"',.,.."'" , f"","'_"""~'"'_' "~-,,,,,-;-----,~,,,;., ~. -,----~_. replacement housing assistance to be l)QeD 8 t'.,; reasonable basis for cnncluding at the time the project is initiated that future rent increases will be modest. residential tenant displaced as a direl't result of privately (i\') A tenant nf a dwelling who is required to undertaken rehabilitation. demolition, or acquisition of the rL'al property, the term" in itiatinn of negotiations" relocate temporarily. but does not return to the mcans the e\ccution of the agreemcnt between the building/complex, if either: recipient and HUD. (A) A tcnant is not offered payment for all (h) Delinition (}rp/"(~iect, For rurposes of this rcasonable out-of-pockd exrenses incurred in section. the term' 'rroject" means an undertaking paid connection with the tL'mporary relocation. or for in \\ hole or in rart with assistance under this patt. (B) Other conditions of the temporary rL'location Two or more activities that are integrally related. each are not reasonable. cssL'ntial to the others. are considered a single project, (\') A tenant of a dwe II ing who moves from I he \\ hethcr or not all component activities receive building/complex permanently after he orshe has bel..'n assistance unda this part. required to move to another unit in the same 158 FR 13871. Mar. 15, 1993, as amended at S9 FR buildinglcomplex. if either: 36S92.July 19, 19941 (A) The tenant is not offered reimbursement for * 583.315 Resident rent. all reasonable out-of-pocket expenses incurred in (a) Colculotion o{residelll rent. Each resident of connection with the move; or supportive housing may be required to pay as rent an (B) Other condit inns of the move are not amount determined by the recipient which may not reasonable. exceed the highest of: (2) Notwithstanding the provisions of paragraph (I) 30 percent of the family's monthly adjusted (O( I ) of this section, a person does not qual ify as a income (adjustment factors include the number of "displaced person" (and is not L'ligible for relocation people in the family. age of family members. medical assistance under the URA or this section). if: expenses and child care expenses). The calculation of (i) The person has been evicted for serious or the family's monthly adjusted income must include the repeated violation of the terms and conditions of the l'\pense deductions provided in 24 CFR 5,611 (a), and lease or occupancy agreemcnt, violation of applicable for persons with disabilities, the calculation of the Federal, State, or local or tribal law, nr other good family's monthly adjusted income also must include the cause, and HUD determines that the evictinn \vas not disallowance of earned income as provided in 24 CFR undertaken for the purpose nf evading the obligatinn to ),617. if applicable; provide relocation assistance; (2) 10 percent of the family's monthly gross (ii) The person moved into the property after the Illcome: or submission of the application and, before signing a lease (3) If the family is receiving payments for and commencing occupancy, was provilkd written "e I fare assistance from a pub I ic agency and a part of the notice of the project. its possible impact on the person pay ments, adjusted in accordance with the family's (e.g.. the person may be displaced. temrorarily actual housing costs. is specifically designated by the relocated. or suffer a rent increase) and the fact that the agency to meet the family's housing costs. the portion of person would not qualify as a "displaced person" (Or the payment that is designated for housing costs. for any assistance provided under this section). if the (b) US/' (It'r/'I/t. Resident rent may be used in the project is approved; oreration of the project or may be reserved, in whole or (iii) The person is ineligible under -1-9 CFR in rart, to assist residents of transitional housing in 24,2(g)(2): or mov ing to pl..'rmanent housi ng. (iv) Hl'D determines that the person \\ as not (c) Fel's. In addition to rcsident rent, recipients displaced as a direct result of acquisition. rehabilitation, may charge residents reasonable fces for serv ices not or demolition for the project. raid with grant funds. (J) The recipient may rcquest, at any time. 1.'i8 FR IJS7!. ;\Iar. 15. 1993. as amended at S9 FR HUD's determination of whether a displacemellt is or J6892.July 19. 1994; 66FR6225,Jan. 19.2001] would be covercd under this sectioll. * 583.320 Site control. (g) Dt'li//itio// (It'i//ifiatio// (I{//egotimio//s, For (a) ,)'itt' ('()//frol. (I) Where grant funds will be purposes ~of d~tenllining the formula for computing the used for acquisition, rehabilitation, or new construction 17 . . their powers or self-government, and t~,2," gu~g .~ to provide supportivc housing or supportive services, or where grant funds will be used for operating costs of authorities (lHAs) ....hen established by the exercise of supportive housing, or where grant funds will be llsed to such powers. When an lHA is establ ished under State provide supportive services except where an applicant law, the applicability of the Indian Civil Rights Act will will provide services at sites not operated by the be determined on a case-by-case basis. Projects subject applicant, an applicant must demonstrate site control to the Indian Civil Rights Act must be developed and before HUD will execute a grant agreement (e.g., operated in compl iance with its provisions and all through a deed, lease, executed contract of sale). If such implementing HUD requirements, instead of title VI and site control is not demonstrated within one year after the Fair Housing Act and their implementing initial notification of the award of assistance under this rcgulations. part, the grant will be deobligated as provided in (c) Procedures. ( I ) If the procedures that the paragraph (c) of this section. recipient intends to use to make known the availability (2) Where grant funds will be used to lease all of the supportive housing are unl ikely to reach persons or pal1 of a structure to provide supportive housing or of any pal1icular race, color, religion, sex, age, national supportive services. or where grant funds will be used to origin, familial status, or handicap who may qualify for lease individual housing units for homeless pcrsons who admission to the housing. the recipient must establish will eventually control the units, site control need not he additional procedures that will ensure that such persons demonstrated. can obtain information concerning availability of the (b) Site change. ( I) A recipient may obtain housing. ownership or control of a suitable site different from the (2) The recipient must adopt procedures to make one specified in its application. Retention of an available information on the existence and locations of assistance award is subject to the new site's meeting all facilities and services that are accessible to persons with requirements under this part for suitable sites. a handicap and maintain evidence of implementation of (2) If the acquisition, rehabilitation. acquisition the procedures. and rehabilitation, or new construction costs for the (d) Accessibility requirements. The recipient substitute site are greater than the amount of the grant must comply with the new construction accessibility awarded for the site specified in the application, the requirements of the Fair Housing Act and section 504 of recipient must provide for all additional costs. If the the Rehabilitation Act of 1973, and the reasonable recipient is unable to demonstrate to HUD that it is able accommodation and rehabilitation accessibility to provide for the difference in costs. HUD may requirements of section 504 as follows: deobligate the award of assistance. ( I ) All new construction must meet the (c) Failure to o!Jtaill site control H'ithin 0t1t' accessibility requirements of 24 CFR 8.22 and, as ycar. HUD will recapture or deobligate any award for applicable, 24 CFR 100.205. assistance under this part if the recipient is not in control (2) Projects in which costs of rehabilitation are of a suitable site before the expiration of one year after 75 percent or more of the replacement cost of the initial notification of an award. building must Illeet the requirements of 24 CFR 8,23(a). * 583.325 Nondiscrimination and equal opportunity Other rehabilitation must meet the requirements of 24 requirements. CFR 8.23(b). (a) Gcneral. Notwithstanding the permissibility 158 FR 13871, ~far. 15, 1993, as amended at 59 FR of proposals that serve designated populations of 33894, June 30, 1994; 61 FR 5210, Feb. 9, 1996; 61 FR disabled homeless persons, recipicnts serving a 51176, Sept. 30, 19961 designated population of disabled homeless persons are * 583.330 Applicahility of other Federal required, within the designated population, to comply requirements with these requirements for nondiscrimination on the In addition to the requirements set forth in 24 basis of race, color, religion, sex, national origin. age, familial status, and disability. CFR part 5. use of assistance provided under this part (b) NOlldiscrimit1atioll and cqual opportullitv must comply with the following Federal requirements: rcql/iremt'llts. The nondiscrimination and equal (a) Flood insl/rance. ( 1 ) The Flood Disaster opportunity requirements set forth at part 5 of this title Protection Act of 1973 (42 U.S.C 4001-4128) prohibits apply to this program. The Indian Civil Rights Act (25 the approval of applications for assistance for U.S.c. 1301 et seq.) applies to tribes when they exercise acquisition or construction (including rehabilitation) for 28 I ------.....---""'" M.'_' ~_"__'_"_"'_"o'_"'_""'"~ -~~"".""""""'---'-" . ..-- ..,.'"....._~~._~-~'~-. is in a position to participate in a li6nDi8 .~ " supportive housing located in an area identified by the Federal Emergency ~Ianagement Agency (FEMA) as process or gain inside information with regard to such having special tlood hazards, unless: activities. may obtain a personal or financial interest or (i) The community in \vhich the area is situated bencfit from the activity, or have an interest in any is participating in the National Flood Insurance Program contract, subcontract. or agreement with respect thereto, (see 44 CFR parts 59 through 79), or less than a ycar has or the proceeds thereunder, either for himsclf or herself passed since FEvlA notification regarding sudl hazards; or for those with whom he or she has family or business and tics, during his or her tenurc or for one year thereafter. (i i) Flood insurance is obtaincd as a condit ion of Pal1icipation by homeless individuals \..ho also are participants under the program in policy or approval of the application. decisionmaking under * 583.300(f) does not constitute a (2) Applicants with supportive housing located L'(l/lrtict of interest. in an arca identified by FEMA as having special flood (2) Upon the written request of the rec ipient, hazards and receiving assistance for acquisition or HCD may grant an exccption to the provisions of construction (including rehabilitation) are rcsponsible paragraph (e)( I) of this section on a case-by-case basis for assuring that flood insurance under the :\Tational when it determines that the exception will serve to Flood Insurance Program is obtaincd and maintained. further thc purposes of the program and the effective (b) The Coastal Barrier Resources Act of 1982 and dficient administration of the recipient's project. (16 U.s.e. 3501 et setl.) may apply to proposals under ,\.n cxception may be considered only after the recipient this part, depending on the assistance rcquestcd. has provided the following: (c) /\pplicahility olOMB Circulars. The (i) For States and other governmental entities, a policies, guidelines, and requirements of OMB Circular disclosure of the nature of the conflict, accompanied by No. :\-87 (Cost Principles Applicable to Grants, an assurance that there has been public disclosure of the Contracts and Other Agreements with Statc and Local conflict and a description of how the public disclosure Governments) and 24 CFR part 85 apply to the award, was made: and acceptance, and use of assistance under the program by (i i) For all rec ipients. an opin ion of the governmental cntities, and OMB Circular Nos. A-II 0 rcc ipient' s attorney that the interest for which the (Grants and Cooperative Agreements with Institutions of cxccption is sought would not violate State or local law. Higher Education. Hospitals, and Other Nonprofit Organizations) and A-I22 (Cost Principks Applicable (3) In dctermining whether to grant a requested to Grants, Contracts and Other Agreements with cxception after the recipient has satisfactorily met the Nonprofit Institutions) apply to the acccptance and use requiremcnt of paragraph (e)(2) of this section, HUD of assistance by private nonprofit organizations. c\cept will consider the cumulative effect of the following wherc inconsistent with thc provisions of the McKinney factors. whcre applicable: Act, othcr Federal statutcs. or this part. (Copies of OMB (i) Whether the exception would provide a Circulars may be obtained from E.O.P. Publ ications. significant cost bcnefit or an cssential degree of room 2200, New Exccutive Office Building, expertise to the project \\hich would othcrwise not be Washington, DC 20503. telephone (202) ]95-7332. available; (This is not a toll-frL'e numher.) Therc is a limit of t\\O ( i i) Whether the persun affected is a member of free copies. a group or class of eligible persons and the exception (d) Lead-based paint. Thc Lead- Based Pa int \\ill permit such person to reccive generally the same Poisoning Prevention Act (42 USe. 4R2l-4X46). the intl'rests or benefits as are bcing made available or Residential Lcad- Based Paint Hazard Reduction Act of provided to the group or class; 1992 (42 U.s.e. 4851-4X56). and implementing ( i i i) Whether the affected person has withdra\\ n regulations at part 35. subparts:\. B, J. K. and R of thi.s from his or her functions or rcsponsibilities, or the title apply to activities under this program. decisionmaking process \\ ith respect to the specific (e) CmV'icts o(interest. ( I ) In addition to the assisted activity in question; conflict of interest rL'quirclllents in 24 eFR part X5. no (i v) Whether the intcrest or benefit was present person who is an employec. agent, consultant. ol'ficcr, or before the affectcd person was in a position as described clected or appointed official of the recipient and who in paragraph (e)( I) of this scction; cxercises or has exercised any functions ur responsibilities with rcspect to assistcd activities, or who 29 (oJ OWgathm olJimds. JnQJlahe ~ (v) Whether undue hardship will result either to the recipient or the person affected when weighed applicant execute a grant agreement, funds are obligated against the public interest served by avoiding the to cover the amount of the approved assistance under prohibited conflict; and subpart B of this part. The recipient will be expected to (vi) Any other relevant considerations. carry out the supportive housing or supportive services (0 Audit. The financial management systems activities as proposed in the application. used by recipients under this program must provide for (b) /ncrellst's. After the initial obI igation of audits in accordance with 24 CFR part 44 or part 45, as funds, HUD will not make revisions to increase the applicable. HUD may perform or require additional amount obligated. audits as it finds necessary or appropriate. (c) Deobligation. (I) HUD may deobligate all or (g) Davis-Bacon Act. The provisions of the parts of grants for acquisition, rehabilitation, acquisition Davis-Bacon Act do not apply to this program. and rehabilitation, or new construction: 158 FR 13871, Mar. 15, 1993, as amended at 61 FR (i) If the actual total cost of acquisition, 5211, Feb. 9, 1996; 64 FR 50226, Sept. 15, 19991 rehabilitation, acquisition and rehabilitation, or new Subpart E-Administration construction is less than the total cost anticipated in the application; or * 583.400 Grant agreement. (ii) If proposed activities for which funding was (a) General. The duty to provide supportive approved are not begun within three months or residents housing or supportive services in accordance with the do not begin to occupy the facility within nine months requirements of this part will be incorporated in a grant after grant execution. agreement executed by HUD and the recipient. (2) HUD may deobligate the amounts for annual (b) Enforconent. HUD will enforce the leasing costs, operating costs or supportive services in obi igations in the grant agreement through such action any year: as may be appropriate, including repayment of funds ( i) If the actual leasing costs, operating costs or that have already been disbursed to the recipient. supportive services for that year are less than the total * 583.405 Program changes. cost anticipated in the application; or (a) HUD approval. ( I ) A recipient may not (i i) If the proposed supportive housing make any significant changes to an approved program operations are not begun within three months after the without prior HUD approval. Significant changes units are available for occupancy. include, but are not limited to, a change in the recipient, (3) The grant agreement may set forth in detail a change in the project site, additions or deletions in the other circumstances under which funds may be types of activities listed in * 583.100 of this part deobligated, and other sanctions may be imposed. approved for the program or a shift of more than 10 percent of funds from one approved type of activity to (4) HUD may: another, and a change in the category of participants to (i) Readvertise the availability of funds that be served. Depending on the nature of the change, HUD have been deobligated under this section in a notice of may require a new cel1ification of consistency with the fund availability under * 583.200, or consolidated plan (see * 583.155). (ii) Av.ard deobligated funds to applications (2) Approval for changes is contingent upon the previously submitted in response to the most recently application ranking remaining high enough after the published notice of fund availability, and in accordance approved change to have been competitively selected for with subpart C of this part. funding in the year the application was selected. (b) Documentation o{ other changes. Any changes to an approved program that do not require prior HUD approval must be fully documented in the rec ipient' s records. 158FR l3871,Mar.15, 1993, as amended at61 FR 51176, Sept. 30, 19961 * 583.410 Ohligation and deohligation of funds. 30 I -~.,._,....,.. ~'-'-- _._..,.....,.>""""",.....,...,,,"".,._,---~,,~;..--- ~.. '._~~' . .. .... .. ,IT "~ '_,_.........._...._u_~~.." 16 08 ~ '. Attachment 3 Grantee Financial Instructions Each HUD grantee uses the Line of Credit Control Systcm Voice Response Systcm (LOCCS- VRS) to rcceive grant funds. This document describes how LOCCS- VRS works and gives you information about how to use thc system. A touch-tone telephone system is used to operate LOCCS- VRS equipment. Information is transmitted to the system through the touch-tone keypad. If you do not have touch-tone service through your local telephone company, purchase a telephone set that has a touch-tone keypad and a tone/pulse switch. These phones simulate the pulse dialing of the rotary service. Purchase of such equipment is an eligible administrative cost under the HUD grant. Please note that the Department is committed to ensuring that the privacy rights of all individuals are protected. The Department's Office of Special Needs Assistance Programs (SNAPS) is in the process of taking the necessary steps to eliminate the collections and use of the Social Security Numbers (SSNs) for accessing LOCCS. Approving officials are not required to use their SSNs, and if you decline to do such then you should contact Ms. Nakia McMorris at (202)708.1234. LOCCS- VRS Operating Instructions When a project is approved for funding, a line of credit with HUD is established for the grantee to be paid through the Federal Reserve to the grantee's financial institution. With the Grant Agreement, you will receive the Direct Deposit Sign-Up Form (SF 1199A). The form identifies your financial institution, and bank account, and, once completed, authorizes the transfer of BUD funds to your account. After you have completed Section I and your financial institution has completed Section 3, return the form AND A BLANK CHECK marked CANCELED or VOlO to the, United States Department of Housing and Urban Development, Office of the Chief Financial Officer, CFO National Accounting Center, P.O. Box 90 to 13, Fort Worth, TX 76101. HUD will complete Section 2 before it is sent to you. Full instructions on the completion of this form are included in Exhibit I of these instructions. Renewal grantees will use their existing banking information provided in their original SF- 1199A unless they choose to uesignate a different banking institution to receive the grant funus. Each grantee will also receive the Voice Response Security Access Authorization Form (HUD- 27(54). This form is used to uesignate the persons that will request funus from HUD through LOCCS- VRS. It is recommended that you designate this authority to at least two persons so that, in the absence of one, the other can request funds. Instructions for the completion of this form are included in Exhibit 2 of these instructions. You may make copies of this form for your future use, or you may download this form and instructions from the HUD home page located at http://www.hud.gov. Select the option handbooks andforms HUD-2. I "--~"~' , '~'''''''"-''~-----'''''''".'''''~<''''''''''",''-'_. -- .,...;,--...-".....----.. "<"""''''''---''-''~~;- N.....,~. -- 16 08 I "i , Rene\val grantees may continue to use their CUtTent User ID and Password. You do not have to complete another HUD 27054 form. Once the security form is received, HUD will issue each authorized individual a USERID. The USERID will he issued by certified mail. return receipt requested, usually within 10 days of the request. Each USERID will he contained in a separate envelope clearly indicating the contents are "for grantee's eyes only." No other ,..,taff. including HUD staff. should have access to the USERID and it must he safeguarded at all times. ;\ breach in the security system by any staff member will result in an immediate termination of the USERID. If you notice that your certified envelope has heen opened prior to receipt. you should immediately notify the LOeeS- VRS Security officer at (,202) 7()H-()764 or TOLL FREE I-H77-705-7504. The revised Form HUD- 27054 must indicate in 80x I that the user's access should he terminated. New User IDs may he requested hy suhmitting a Form HUD-270S4 with the appropriate notarized approval signatures. Periodically, it may be necessary to caned the USERID for an individual because of loss, theft or a change in personnel. A USERID may he immediately canceled by faxing Form HUD-27054 to the LOCCS LOCCS- VRS Security Officer at (202) 708-4350. If lOU have any problems completing the Security Form HUD-27054, or do not receive your User ID or Password in a timely manner, please contact the LOCCS Security Officer at (202) 708-0764 or TOLL FREE 1-877-705-7540. The authorized individual will establish an initial password for the User ID. Subsequent passwords must be changed within 60 days from the last time a password is established. The password change is entered by the authorized user through the VRS system. Termination of access due to password expiration will require another resubmission of an original Form HUD-27054. Each Grantee user must have its LOCeS access recertified by their Approving Official. This insures that their work duties have not changed or that the employee has not left the organization and no longer needs access to LOCeS. Failure of Approving Officials to recertify their staff will result in staff members having their LOCCS access suspended. HUD grantees must be recertified semi-annually through the VRS. Recertification can only be performed by the Approving Official and should not be designated to other staff personnel. If the approving official changes, please have the new Approving Official send a notarized letter on company letterhead, which must include the following: name and title of the new Approval Official. ..,ocial security number, daytime telephone number and address. List the existing users (NO SSN) so that the LOCCS Security Officer may change Approving Officials. Sign, Date and Notarize thc new Approving Official's Signatllrc and mail the notification to: U.S. Departmcnt, Office of the Chief Financial Officer, FYM, Attn: LOCeS Security Team, P.O. Box 23774, Washington, D.C. ,2()()26-377-J. or fax (202) 708-4350 (and then mail ORIGINAL). lfpon receipt of your document LOCCS Security will re-certify you and your staff. ,\s the approving official JOU will receive an ofticial letter with semi-annuaJly re-certitication instructions within six months. You will not he notified until that time. Based on the Regional assignment of the recipient's TIN. the grantee Approving Official will be required to recertify his/her .staffs access on a semi-annual basis. A letter \vill automatically be generated by LOCCS and sent to the Approving Official to notify them of the need to recertify 16 nR , LOCCS u.s. Department of Housing OMS Approval No, 2535.0102 and Urban Development (exp, 2/28/2010) Voice Response System Access Authorization See Instructions, Public Burden, and Privacy Act statements on back before completing this form This form is to be approved by the recipient's The Field Office will forward the original form f to: For Overnight delivery send to: (or grantee's) chief executive officer. For new U.S. Dept. of Housing and Urban Development users and reinstate users, retain a copy and Chief Financial Officer, FYM send a notarized original and one copy to Chief Financial Officer, FYM 451 7th Street SW PO Box 23774 Room 3114 your local HUO Field Office for review. Washington, DC 20026-3774 Washington, DC 20410 1 Type of Function (mark one) i 2a. User 10 (Please leave blank) I 2b. Social Security Number (SSN) 1 New User 5 Add new Program Area or Tax 10 I (CFO USE ONLY) . (mandatory) 2 Reinstate User 6 Change Tax 10 I I 3 Terminate User 7 Change Address I 4 Resel Password for active users 8 Resend User.IO 3. Authorized User's Name (last, first, ml) Print or Type Office Telephone No (include area code) Complete Mailing Address E-Mail address (If available) 4, Recipient Organization for which Authority is being Requested Tax 10 Organizations Name - --_._------~.._- ~~._~_._.._"--------~---_._._----_._--~- --_.._...._._._-~--_.__._._- . -~--.-------_..__.. ------ ._-- ~,----- - - _._._-_._-_.._.._-_....-.---_.__..._---_.__.._-------~------.-.-- TaxlO Organization's Name _ __.~~______ ______~ __ ..__~_______d__ ______~~_____. ----------- --~-~----------_._--_._-------~~--'-_. -,. _._-_.__..~.__..~---~----------_._----~-- TaxlO Organization's Name I 5c. Q = Query Only 5a,LOCeS Program Area 5b, Program Name I D = Project Orawdown I S = Project Set-Up (HOME, HOP3) -_.._~,. -_._~---_.__._._~------ ---.----.-,..- --~~._-----..- _._-~ __________ ___ ,_ ____nn____~____. ___~_n_. ___n_ __' r-----A =__A<:J.I:'1~':l~[)!awdo...w.!2jH'2..~~, HOP3) ------- ---,.--~----- --------.-. ----------1--- ----. -.--------. .---.---------- -- .---.------ ---- ..---,,----- -l---.--~------------.-----------""------------ I ----.-----....---.-------.----.-.-- ------- - ._----~-~.. ,_._._-~~---_...---_..._--- -+---- ---_.__._._--~_..---_._- - .. --_.._..--_._---_..~._..~----._"_.._.~--~-- --1------- ___n_________~__. _n___ 6, Authorized User's Signature I Date (mm/dd/yyyy) I I authori/c the person identified ahove to <!l:l:CSS LOCCS via the Voil:e Response System. 7. Approved by name (Last, First, MI.) Print or Type Office Telephone Number (include area code) I i - ---~._._--_.------~---_.._------ _.~---- - -- ---1 - - -------_._~_....._,. Title Imandatary) i Social Security Number (mandatory) ! I , ----L - - ~-------~----_.._- Complete Mailing Address i E-Mail address (rf available) I : I _ ----.--.- ..._-.--_._----~ --'"-------_..- ----.-------.----.--- .. ------ ---- t ."" -,----------- -- - -, -------. ---.---.-.-. -------1 ApprOVing OffiCial's Signature i D<:tte (Inm/dd/yyyy) ! ' I i ! ! i Warning: HUO will pmsecute false claims and statements. Conviction may result in criminal and/or civil penalties, (18 U.S,C, 1001, 1010. 1012; 31 U,S,C, 3729, 3802) Previous editions are obsolete, Page 1 of 1 lorm HUD-27054 (06/2003) . "-------,--'_._-- - ._._~.......,--,-"''''...._,'"..,-.- " ... -."""".-' ,.~,,"~.,,---_.,.,--- ,. ~_..~ -,".._-- 16 08 "1 Public reporting burden for this collection of 1r110rmatlon is estimated 10 average 10 minutes per response. including the time for reviewing instructions, searching eXisting data sources, gathenng and maintaining the data needed, and completing and revie'Nlng the collection of information. ThiS agency may not collect this Information, and you are not required to complete this form, unless It displays a currently valid OMS control number. HUD implemented the Line of Credit Control System/Voice Response System (LOCCS:VRS) to process requests for payments to grantees. Grant recipients till out a voucher form for the applicable HUD program with all the necessary information prior to making a telephone call using a touch tone telephone to initiate the drawdown process. The grantee will be prompted for entering the Information and for confirming Illformation that IS spoken back by the VRS simulated vOice. ThiS Information IS required to obtain benefits under the US. HOUSing Act of 1937, as ,lmended. The information requested does not lend itself to confidentiality. Privacy Act Statement: Public Law 97-255, Financial Integrity Act. 31 U.S.C. 3512, authorizes the Department of Housing and Urban Develop- ment (HUD) to collect all the information which '.11111 be used by HUD to protect disbursement data from fraudulent actions, The Housing and Com- munity Development Act of 1987, 42 U.S.C3543 authOrizes HUD to collect the SSN. The purpose of the data IS to safeguard the Line of Credit Control System (LOCCS) from unauthOrized access The data are used to ensure that IndiViduals who no longer require access to LOCCS have their access capability promptly deleted, ProvISion of the SSN IS mandatory. HUD uses It as a unique Identifier for safeguarding the LOeCS from unauthorized access. ThiS information will not be otherWise disclosed or released outside of HUD, except as permitted or required by law, Failure to prOVide the information requested on the form may delay the processing of your i1pproval for access to Loces. Instructions for the LOCCS Voice Response Access Authorization Security Form I. T)'pe of Function: -f. Recipient Organization for which Authority is being re- ( I) :'IIew lTsl'r: User does not L'ulTently hi]Ve a LOl'l'S uSer ID. quested, This \vill identify the mgani/ation the user will be Forlll must be notari/ed \Vith original .signatures, rcprescnting, Enter the organi/ation's Tax ID and organi/a- lion name, (2) Reinstate User: Used tu rcnew the usn'.s aCL'eSS authu- :,\, Program .\uthorit)'. Identify the HUD program(s) this uSer ri/atiun in /.OCl'S, Forlll must be nutari/ed \\Ith lll'iginal wi II bc aut hori zcd tu access for the rec i pie nt urgan i/at iun and signatures. then cnter the cmresponding codet s)iname(s). [ Program (\) Terminate Vser: will imlllcdiately terminate the user's Office should provide this information.] access authorizations in LOCl'S, a./b, Cont,lct your local HUD Ficld Office f(1(' the appropriate (-f) Reset Password for active users: A temporary pass- 3 or -f-charaL'ler LOCl'S Prot~ral1l AreaiNanw word wi I I be lIlai led bac k to the user to in furlll hi miher of the c, f:nter cither "Q" for Query unly access. "0" fur PwjeL'l reset password's value, The user will be required to dJange Dr,1\\ down access. llsers who selcct Project Drawdown the passwurd un the next access to LOCl'S, acccss. Pruject Set-Up aCCL'SS. ur ,\dmlnistrative Dra\vduwn (:'\) ,\dd new Program Area or Tax 10: USL'r has a current acccss will autumatically recei\ e Qucry acccss. Pcrsuns who user ID and will be increasing ilccess capability, have Project Set-Up Authority for a given Tax ID c'allllot ilbo 16) Change Tax 10 : U.sL'r has a clII'rcnt ID and will he have' Project Drawdowll .\lIlhority for the same Tax ID, "S" ilnd ",\" are rest'l'ved for LIse with the HO!\IE and HOPE changing the Tax I D, This function is not to be used to change Prugrams. approving official, or suhstitute a USl~r. Contact Field Oftice contact for procedures. h. Sign a tu re. The signature for \V hOIll access is being re- (!) Change ,\ddress: User is changing the L'llrrent mailing quested and the date (mm/ddiyyyy) this authorization was address, Signed, 7 ,\pproval. EntL'r the name. title. SSN (social security nlllll- (~) Reselld l7sCl"-IO. User has nl) kn(l\~kd)!c (If c\"ting hCr). llllic'e phone. llt'flc'C address. signaturc Jnd date (null/ L'ser~1D dd/y) y) I uf the approving official rcpresenting the recipicnt 2 il. l'ser II>: This hl,)ck will be filled in hy the 1.0CCS Ilrg,lniziltion, ,\ppruving Ilfficials l'anllot approve Ihl'lI1- Sccurity Officer f,'r ,i1IID's. \l'lves for access tll the systell1. itnd must he the u~er's h, Slldal S~l'urit)' Number: :'vldndatory. l'Sl'd tl) lorL'elude slllk'J'\!Sllr. duplicat,' issuance of ~Illtlll)ri/dti\ln for thL' \Olnle persol1. Sc'e s, :\utar)'. \[ust be differclH fl'lllllll~er and apprm ing otlicial. the Pri \ ac'y . \ct Statement ilhove. I nil nut lIwr Federal Tax Seal am! signature ofthl' uffieial who notarizes this hlrl11 and 10 NUlllberl Lldtl' (llllll/dd/y) yy), ;\Jotary should notarile hoth \Ignaturcs, 3. l:s~r Infllrmation: ,\11 fields are mandator~'. F~lilllre to \jural')' " \lllly required t,ll' Ilew user and rt'illstalL' user. L'nter any of Ihese fields will cause Ihe sccurity request tu he rejectl'd, Fnter the lISl'r's last name. first n,UIlL'. and midclIt' initial. Enterthl' lIscr's \ltlic'e phone nlllllhc'r. 111L'lude Ihl' arc'a code, Enter user's lI1ailin)! address. L'ity. State and lip c'\lde, PrevIous editions are obsolete, Page i form HUD-27054 (06/2003) 16 09 . their staffs access privileges in LOCCS. Grantee users are recertified according to the following schedule: New England & New York/New Jersey - in January & July Mid-Atlantic & Southeast - in February & August Mid- West & Southwest - in March & September Great Plains & Rocky Mountain - in April & October Pacific/Hawaii & Northwest! Alaska - in May & November VRS recertification of HUD grantees is performed by the grantee Approving Official through a VRS interactive session. The grantee Approving Official will access LaCCS using their assigned User ID. All staff assignments may be recertified at one time, or specific users may be selectcd and terminated. If you have any questions concerning the form, you may call the LOCCS Security Office toll free at 1-877-705-7504 or 202-708-0764. HUD assigns a I a-digit VRS proicct number that is different from the regular project number is indicated on your grant agreemcnt. This is necessary because thc telcphone keypad cannot distinguish betwccn all of the alphabetical and numcrical charactcrs in the regular project numbers. You will be notified by mail of your assigncd VRS projcct number. If you do not receive your IO-digit VRS project number, and are ready to perform your drawdown, please contact your program coordinator, and they may verbally provide the numher for you. The Special Needs Assistance Program Vouchcr for Grant Payment (HUD-27053-B) is to be uscd for the SNAPS Voice Response Systcm payments. If you wish, you may photocopy blank voucher forms as needed. Instructions for the completion of the voucher are included on the reverse side of each voucher. To request that HUD funds be transferred into your account, you may call toll free 1-877-705- 7505 or (703) 391-1400. There are 64 lines available for grantee LIse betwcen the hours of 8:00 a.m. and 6:00 p.m. Eastcrn Time. Callers must first enter their USERID and password to verify that they are authorized to draw down SNAPS funds. Once the USERID and password have been validated, the caller is given a menu selection of the LaCeS program arcas for \vhich the caller is authorized. Choosc the "SNAP" program area for all SHP grants. LaCCS will ask the caller for the three-digit program number; enter 00 I, as indicatcd on the voucher instructions. LaCCS will give the caller the remaining 6 digits of the voucher number. The caller must writc the entire voucher number on the voucher form and then reenter the entire 9-digit voucher number for verification. This procedure ensures that the voucher numbers are unique. LOCCS will then prompt the caller to enter the first 4-digit line item number. Laces verifies that it is a valid number for the grant type and for the program area. The line item's name is spoken back to the caller; e.g., if the SNAP [ine itcm "10 10" is entered from a SNAP "._--,",-...-.-'-.... . ! ,- ,_._,_..-..""---,,--,----_.~'~_. "~-~""" .or . ~-,,_._--_..--..,--,..._,- _.~_.._-._-_.- I 16[J8 '-I voucher. LOeeS will speak, "ENTER THE AMOUNT OF ACQUISITION FOLLOWED BY A POUND SIGN." The caller will then enter thc amount of funds to be drawn against the Line Item, followed by a pound (#) sign. Since LOCeS YRS does not know in advance the number of digits being entered, the caller is asked to enter a pound sign (#) as the last input to indicate they have completed enterll1g digits. For example, to request S35.679.0(). the caller would enter: 3 - 5 - 6 - 7 - 9 - # This process is repeated until the caller indicates that there arc no more line items for the givcn voucher by entci'ing "9999." LOCCS then summarizes the line item entries and their related dollar amounts ,tI1d provides the caller \vith a voucher total amount for confirmation. The caller then has a final option to process or cancel the request. The requested payment amount is checked against the grant's ,wadable balance in LaCeS to ensure that thc n~quest does not exceed the grant's authorized funding limits. LaCeS will not allow more than one draw per grant pcr day. Laces uses payment controls to ensure that payments are in accordance with SHP program guidelines. These controls are called threshold payment edits. Threshold edits on BUs arc applied at draw down. LaCeS will create Treasury payment tapes that evening, to be sent to Treasury the next business day. When the request is consistent with all edits and the payment is approved. Funds will be wired to the grantee's bank account within 48 husiness hours of the request. Disbursement Requirements AC<luisition: If you were awarded funds for acquisition, you must suomit closing documents including an originaL executed document establishing the use and repayment requirements of 0423 of the Act. accompanied by a recording receipt for that document, both of which arc in a form approved by HUD Field counseL to the Field Office within 30 days after the closing on the property and in any event before any funds for any activity other than acquisition may be dra\vn down. The entire acquisition amount for your project may he drawn down in one lump sum. Rehahilitation and ~ew Construction: If you were a\varded funds for rehabilitation or new construction. you must suomit a copy of the rehaoilitation/ne\v construction contract and an originaL executed document establishing the use and repayment requirements of *.-1-23 of the Act. accompanied by a rccording rcceipt for that doculllent, both of which arc in a form approved by I-IUD Field counsel. to the Field Office before any funds may be disbur"ied for your project. Funds for rehabilitation and ncw construction may he dra\vn dm\n in increments of 30 percL'nt. 30 perccnt, JO percent, and I () percent. Howc\'cr, before the final 10 percent draw down can he 16 08 , approved for payment, you must also submit a copy of the Certificate of Occupancy to the Field Office. Operations and Supportive Services: YOll may draw down funds for operating and supportive services on a monthly basis. with allowances for start-up costs such as fumishings and equipment. However, if you need to request more than one year's worth of funds for your project in any given year, contact your local HUD Field Office. The Field Office will have to approve this payment before it can be made. Administrative Funds: Five percent of your grant amount may be used for administrative costs. It may be used for costs of administering the grant. such as preparing reports for HUD, obtaining program audits, and similar costs related to administering the grant after the award. [n consolidated applications where the applicant will administer the grant funds to multiple project sponsors, the grantee may retain these funds for its own use, pass them on to the individual project sponsors, or must share them with the project sponsor, so long as the total amount spent for administration docs not exceed 5% of the grant. These funds will be obligated by project and the grantee will have access to thcm under individual project accounts. Restrictions on Draw Downs A grantee may not make more than one payment request per day and must make draw downs as close in time as possible to its disbursements. LOCCS is designcd so that grantees can draw down funds when needed. Funds drawn down should be disbursed in payment of program costs within three days of receipt of funds. That is, grantees should not draw down funds unless they expect to expend those funds within three days. Settine: an Operatine: Start Date Grantees should establish an operating sl:u1 date in LOCCS when the first draw down of funds is made for leasing, supportive services, or operating costs. The operating start date entered should be the date on which eligible costs for either leasing, supportivc serviccs or operating costs wcre first inculTcd, and whichever is earliest. For new projects, the first opcrating year begins after development activities of acquisition, rehabilitation and new construction arc complete. For renewals, the grant term begins immediately following the expiration date of the grant for which renewal funding has bcen awarded in the 2()()X competition. Bude:et Line Item Chane:es To promote maximum flexibility for your program, YOll may transfer Lip to 10 percent of each grant activity from one grant acti\ ity to another. To implement this type of transfer, youmLlst notify your Field Office in writing or by telephone of the amoLlnt of funds to be transferred and the activities affected. The Field Office \\ ill notify you when the change has been completed. [f you wish to transfer more than 10 percent of a grant activity, you may do so with Field Office approval. Send your request to the Field Office in writing. [f approved, the Field Office will send you a Icttcr stating that the changc has been approved. "--. ._, ____O;'IOf_l8!~_,_., "'~'''''---'''-'-",-'''""-'''',"''''~'~''''-'''''''''''''<' _..'_"'M~' 16 08 1 VRS Oueries for SNAP In addition to draw down capability, LOCCS aIlO\vs you to qucry the system for varicty of information. Thc initialmcnu will give you this option at the start of cach VRS call. The available query functions are as follows: Grant Query: Laces \vill givc currcnt authorizcd, disbursed. and available balance totals for the selectcd grant. along with gencral grant status. A detailed breakdO\vn by line itcm is availablc if the caller wishes. Voucher Query: By cntering a voucher number, thc status of thc voucher is given. This includcs whcn the voucher was called in. by \vhom. and if the vouchcr has been paid. canceled, or is out for review. A dctailed brcakdown by linc itcm is available if the callcr wishes. Last assigned VRS GnUlt Number: [I' you wish to draw down funds but have not yet received the Loces generatcd Ictter with your assigned VRS number, you may usc this qucry to get your VRS numbcr. Enter your Tax [0 numbcr and LOeeS will give you thc last assigned VRS number for the program arca, which you havcsclectcd. Chanee of Address In the event of a change of address. you must complctc thc LaCeS Voice Rcsponse and System Access Authorization Form (HUO-27054), check item 6 (Change Tax [0 or Address) and submit the form to your HUO Ficld Officc. [t is csscntial to the effective operation of the systcm that LaCCS- VRS has the correct mailing addrcss of cach grantce. It is also vital that thc addrcss is sufficiently specific to assure that all mailings will rcach the proper representative of the grantee. This form may bc obtained from the local HUO Field Office. Assistance for LOCCS VRS [I' you have any qucstions rcgarding the Loces VRS, please contact your local Field Office. 1608 '. ., Attachment 3 Exhibit 1 How to Complete the SF-1199A Direct Deposit Sign-up Form Section 1 - to be completed by the grantee Block A Print or type the name and address of the grantee organization that will rcceive the funds and the telephone number of the person completing the form. Block B Leave Blank Block C Print or type your project number. which is on the letter, \vhich notified you of funding. Print or type the Tax Identification Number of the organization below the project number. Block D Mark with an "X". the type of account into which your HUD funds will be directly deposited. You must choose either checking or savings. Block E Print or type the number of the account into which the funds will be deposited. If your financial institution docs not use account numbers, up to 17 characters of the depositor's name or other identification may be entered. Dashes are acceptable as parts of Ihe number. but spaces are not acceptable. The depositor's account number must be formatted exactly as it appears in the financial institution's records Block F Check other and cnter S HP Block G Leave Blank Payee/Joint Payee Certification: The Certification should be signed by the Chief Executive Officer or Designated Represcntative of the jurisdiction/organization completing the form. If additional signature lines are requircd, use a plain sheet of paper and attach it to the form. Be sure to place your name and project number on the sheet so that \ve \vill know which project it is for if it becomes separated. All signatures must be original. Forms containing duplicated copies of signatures will not be processed and will result in delays. Section:2 - to be completed by your local HUD Field Office Section 3 - to be completed by your financial institution ,...~<. "-~""'^""_"'-O-_"''''''''''_> "1""'- ____"'''''._".-'..' _."""'-,- ".-....-- """"~- ... - -"",.",,.~_.._-"- .~ ,-- ~-._..~----- 16 08 ~ NOTE: DO NOT HAVE THE FINANCL\L INSTITUTION MAIL THE FORM Print or type the name and address of the financial institution. the Routing Number and Check Digit. If the financial institution uses a processor. the Routing Number of the financial institution should be used. Enter the name of the entity to receive the funds in the "Depositor Account Title" block. The financial institution's representative signs and datcs the form. The telephone number, including the area code. must also be provided so that BUD can verify information. The financial institution returns the form to the address shown in Scction 2. 8 16 DR ~ Standard Form 1199A lEG) OMB No. 1510-0007 IRev. June 1987) PrefiCrlt1ed by T (eHslIry DIRECT DEPOSIT SIGN-UP FORM Department T,easury Oept. elf. 1076 DIRECTIONS . To sign up for Direct Deposit, the payee is to read the back of this form . The claim number and type of payment are printed on Government i1nd fill in the Information requested in Sections 1 and 2. Then take or checks. (See the sample check on the back of this form.) This mail this form to the financial institution. The financial institution will Information is also stated on beneficiary/annuitant award letters and verify the information in Sections 1 and 2. and will complete Section 3. other documents from the Government agency. The completed form will be returned to the Government agency Identified below. . Payees must keep the Government agency informed of any address changes in order to receive important information about benefits and to . A separate form must be completed for each type of payment to be remain qualified for payments. sent by Direct Deposit. SECTION 1 (TO BE COMPLETED BY PA YEE) A NAME OF PAYEE (last. first. middle initial) o TYPE OF DEPOSITOR ACCOUNTD CHECKING D SAVINGS ,E DEPOSITOR ACCOUNT NUMBER ADDRESS (street. route. PO. Box, APO/FPO) I I I I I I I I I I I I I I : I I 1 ! I CITY STATE ZIP CODE F TYPE OF PAYMENT (Check only one) o Social SeclJnty o Fed. Salary/Mil. Civilian Pay TELEPHONE NUMBER D Supplemental Secunty Income D Mil. Active ~---_.- -~~-_._-~.__.- AREA CODE D Railroad Retirement o Mil. Retire. D Civil Service Retirement (OPM) o Mil. Survivor B NAME OF PERSON(S) ENTITLED TO PAYMENT o VA Compensation or Pension D Other (specify) C CLAIM OR PAYROLL 10 NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (if applicable) TYPE jAMOUNT Prefix Suffix PAYEE/JOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) I certify that I am entitled to the payment identified above, and that I have I certify that I have read and understood the back of this form, read and understood the back of this form. In signing this form. I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authorize my payment to be sent to the financial institution named below to be deposited to the designated account. SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PA YEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK DIGIT DDDDODDD D DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and fIlIe As representative of the above-named financial institution, I certify that the financial institution agrees to receive and deposit the payment identified above in accordance with 31 CFR Parts 240. 209, and 210. PRINT OR TYPE REPRESENTATIVE'S NAME I SIGNATURE OF REPRESENTATIVE I TELEPHONE NUMBER I DATE Financial Institutions should refer to the GREEN BOOK for further instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01-058-0224 GOVERNMENT AGENCY COPY 1199-207 DeSigned using Perform Pro, WHS/DIOR, Mar Yl - .. ~,-~~~-"'. -....,-."---"...". , ,._.~'"~.__... -p- "., ""'"--''~"''''' ."='~ ,.,.....,..,'" ~ ,_~.~____'c^_'_,,_~'_~_'_"~_ 16 08 . Standard Form 1199A (EG) OMS No. 1510-0007 "~13V. ,;~Jne ~tl8n Prev:r>t'ed by Ledsury DIRECT DEPOSIT SIGN-UP FORM :;,~piH1r~enl fr"',lSl,r{ ~t<OI C:r 1i")'76 DIRECTIONS · To sign up for Direct Deposit, the payee IS to read ttle back of this form · The ClallTI number and type of payment are printed on Government 3nd fill in the information requested in Sections 1 and 2 Then take or checks. ',See the sample check on the back of this form.) This mail thiS form to the finanCial Institution. The financlat Institution ',vIII Information IS also slated on beneficiary/annuitant award lellers and verify the information In Sections 1 and 2, and ',viii complete Section 3 ether documents from the Government agency. The ccmpleted form will be returned to the Government d~lency identified below · Pilyees must keep the Government agency Informed of any address changes in order to receive Important Information about benefits and to . A ;;eparate form must be completed for each type of payment to be remain qualified for payments. sent by Direct DepOSit SECTION 1 (TO BE COMPLETED BY PA YEE) A NAME OF PAYEE (last, first, rTlldd/e mtlia/) ! I 0 TYPE OF DEPOSITOR ACCOUNTC CHECKING 0 SAVINGS jE DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, POBox, APOiFPO; i ! , i I I ! ! i I I I I I , ! L ! I , , CITY STATE ZiP CODE I F TYPE OF PAYMENT (Check only one) I i:J ,- IS,' 0 F d " 'M' l.' P ! , 000<1 ecur;,y e . ,~al:1r'yll Ii .....Ivuan ay TELEPHONE NUMBER I [J Supp'ementa! Secunty Income 0 Mil Actl'/e __ __ _ _m___ AREA CODE C R;]I!ro;ld Retirement o roll! Retire. .. B NAME OF PERSON(S) ENTITLED TO PAYMENT -1 0 e,l''' :,(>Iv'ce Retrrernent (OPM) o Mil. Surmor I 0 VA COIT1I:el'siltlon r)r Pension o Other ~ specify) C CLAIM OR PAYROLL 10 NUMBER i G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (If applicable) i TYPE I AMOUNT Prefix Suffix ---t PAYEE/JOINT PAYEE CERTIFICATION------ I -~--~OINT~CCOUNT HOLDERS' CERTIFICATION (optlonaIJ-- I certify that I am entitled to the payment identified above, iJnd that I have I I certify that I /'1ave read and understood the back of this form, read and understood the back of thiS form. In signing !hls form, I I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. iJuthorize my payment to be sent to the financial Instilution named below to be deposited to the designated account SIGNA TURE TDATE SIGNATURE I DATE i SIGNATURE DATE I SIGNATURE I DATE i i SECTION 2 (TO BE COMPLETED BY PA YEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME I GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION '<OUTING NUMBER CHECK DIGIT i!/lDD-DDDD 0 DEPOSITOR ACCOUNT TITLE , , FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and title. As representative of the above-named financial institution, I certify that the financial Institution agrees to receive and deposit the payment irjentified above in accordance with 31 CFR Parts 240, 209, and 210. PRINT OR TYPE REPRESENTATIVE'S NAME I SIGNATURE OF REPRESENTA TIVE I TELEPHONE NUMBER I DATE F'nancla! IIi,fltutlons ShOdid refer to U-18 (~REEN BOOK for fu:"ther Instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. ,\jSN IS40-C 1"::,)f3~n::'24 FINANCIAL INSTITUTION COPY 1199-207 Otlsiqr1ed (,Sing Pp.!form Pro, \NHSiOIOR, Mar 9! 16 ng ~ Standard Form 1199A (EO) OMB No. 1510-0007 U~R"". Jllll8 1 gal) p'el;~~:~",".;;,~reaSl"'I DIRECT DEPOSIT SIGN-UP FORM rreasury Oept. Or 1076 DIRECTIONS . To sign up for Direct Deposit, the payee is to read the back of this form . The claim number and type of payment are printed on Government ,md fill in the information requested in Sections 1 and 2 Then take or checks. (See the sample check on the back of this form.) This Inall this form to the financial institution. The financial institution will information is also stated on beneficiary/annuitant award letters and verify the Information in Sections 1 and 2, and will complete Seclion 3. other documents from the Government agency. fhe completed form will be returned to the Government agency Identified below. . Payees must keep the Government agency informed of any address changes In order to receive important information about benefits and to . A separate form must be completed for each type of payment to be remain qualified for payments. sent by Direct Deposit. SECTION 1 (TO BE COMPLETED BY PA YEE) A NAME OF PAYEE (last. first, middle Inllial) D D o TYPE OF DEPOSITOR ACCOUNT CHECKING SAVINGS E DEPOSITOR ACCOUNT NUMBER ADDRESS (street, route, PO Box. APO/FPO) illJ : : I~ I I I n CITY STATE ZIP CODE F TYPE OF PAYMENT (Check only one) o Social Security 0 Fed. Salary/MIl. CiVilian Pay TELEPHONE NUMBER 0 Supplemental Security Income 0 Mil. Active ------ ---------- [J Railroad Retirement 0 Mil. Retire. AREA CODE . . . B NAME OF PERSON(S) ENTITLED TO PAYMENT 0 CIVil Service Retirement !OPM) 0 Mil. Survivor - o VA Compensation or Pension 0 Other (speedy) C CLAIM OR PAYROLL 10 NUMBER G THIS BOX FOR ALLOTMENT OF PAYMENT ONLY (d applicable) I TYPE jAMOUNT PrefiX Suffix 1 PAYEE/JOINT PAYEE CERTIFICATION JOINT ACCOUNT HOLDERS' CERTIFICATION (optional) I certify that I am entitled to the paymentldenbfied above, and that I have I I certify that I have read and understood the back of this form, read and understood the back of thts form. In Signing thiS form, I including the SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS. authOrize my payment to be sent to the financtal Instttulion named below I to be deposited to the designated account. ' SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SIGNATURE DATE SECTION 2 (TO BE COMPLETED BY PA YEE OR FINANCIAL INSTITUTION) GOVERNMENT AGENCY NAME GOVERNMENT AGENCY ADDRESS SECTION 3 (TO BE COMPLETED BY FINANCIAL INSTITUTION) NAME AND ADDRESS OF FINANCIAL INSTITUTION ROUTING NUMBER CHECK DIGIT DDDDODDD D DEPOSITOR ACCOUNT TITLE FINANCIAL INSTITUTION CERTIFICATION I confirm the identity of the above-named payee(s) and the account number and title. As representative of the above-named financial inslitution, I certify that the financial institution agrees to receive and deposit the payment identified above in accordance with 31 CFR Parts 240, 209. and 210. PRINT OR TYPE REPRESENTATIVE'S NAME I SIGNATURE OF REPRESENTATIVE I TELEPHONE NUMBER I DATE Flllanclal institutions should refer to Ihe GREEN BOOK far further Instructions. THE FINANCIAL INSTITUTION SHOULD MAIL THE COMPLETED FORM TO THE GOVERNMENT AGENCY IDENTIFIED ABOVE. NSN 7540-01.1)58-0224 PAYEE COPY 1199-207 D8Si~JfltHj using pf!riorm Pro, WHS/OIOR, Mar 97 ._ __.,.., "-'.'-'''.'__'''_.'llf'''l -..._ _...... _.. "..",~,.,.' ....."",;i___"..'"......~,_"'_ -~--_. 16 08 t SF 1199A(Back} 1-- -_..__.~-_._----- '-~--'------'-'---~'~------------'-'--'----"'-'----~----_..~._._._'---_._-----_._- I BURDEN ESTIMATE STATEMENT I I The estimated average burden associated with this collection of information is 10 minutes per respondent or record keeper. i depending on individual circumstances. Comments concerning the accuracy of this burden estimate and suggestions for I reducing this burden should be directed to the Financial Management Service, Facilities Management Division. Property & I Supply Section, Room B-101. 3700 East-West Highway, Hyattsville, MO 20782 or the Office of Management and Budget, Paperwork Reduction Project (1510-0007). Washmgton. D.C. 20503. PLEASE READ THIS CARE FULL Y All information on this form, including the individual claim number, is required under 31 USC 3322, 31 CFR 209 and/or 210. The information is confidential and is needed to prove entitlement to payments. The information will be used to process payment data from the Federal agency to the financial institution and/or its agent. Failure to provide the requested information may affect the processing of this form and may delay or prevent the receipt of payments through the Direct DeposiUElectronic Funds Transfer Program. INFORMATION FOUND ON CHECKS Most of the information needed to complete boxes A, I III ill'lI Statl'S Trl'asury',lit'- C, and F in Section 1 is printed on your government I @ A:JSTiN, TE:<AS C'eck No check: I ilOOO 4'5185 @ Be sure that payee's name IS written exactly as It ap- ) <=i? I ;~~..::: 18 pears on the check Be sure current address IS shown @ Claim numbers and suffixes me rrrnted rere on checks jhi beneath the date for the type 0 payment srown here Check the Green Book for the location of prefixes and 0 suffixes for other types of payments. NOT NEGOTIABLE <f) Type of payment IS printed to the left of the amount. ----~-_.__._----~._~- IJO(;005'8' 'J-i1571926" - SPECIAL NOTICE TO JOINT ACCOUNT HOLDERS Joint account holders should immediately advise both the Government agency and the financial institution of the death of a beneficiary. Funds deposited after the date of death or ineligibility, except for salary payments, are to be returned to the Government agency. The Government agency will then make a determination regarding survivor rights, calculate survivor benefit payments, if any, and begin payments. CANCELLATION The agreement represented by thiS authorization remains In effect until cancelled by the recipient by notice to the Federal agency or by the death or legal incapacity of the recipient. Upon cancellation by the recipient, the recipient should notify the receiving financial institution that he/she is doing so. The agreement represented by this authorization may be cancelled by the financial institution by providing the recipient a written notice 30 days in advance of the cancellation date. The recipient must immediately advise the Federal agency if the authorization is cancelled by the financial institution. The financial institution cannot cancel the authorization by advice to the Government agency. CHANGING RECEIVING FINANCIAL INSTITUTIONS The payee's Direct Deposit will continue to be received by the selected financial institution until the Government agency is notified by the payee that the payee wishes to change the financial Institution receiving the Direct Deposit. To effect this change, the payee will complete a new SF 1199A at the newly selected financial institution. It is recommended that the payee maintain accounts at both financial institutions until the transition is complete, i.e. after the new financial institution receives the payee's Direct Deposit payment FALSE STATEMENTS OR FRAUDULENT CLAIMS Federal law provides a fine of not more than $10,000 or imprisonment for not more than five (5) years or both for presenting a false statement or making a fraudulent claim. 16 08 t Attachment 3 Exhibit 2 How to Complete the HUO-27054 LOCCS Voice Response Access Authorization Block 1 Check 1 - New User. Block 2a This block will be filled in by the LOCCS Security Officer. (lfyou are adding this as a new program area, check add/change authority.) Blocks 2b & 3 It is mandatory that all information requested in this section be entered. Failure to enter any of this information may cause the security request to be rejccted. Block 4 This information will idcntify the organization the user will be representing. Entcr the organization's Tax [dentification Number and organization name. Block 5a Enter SNAP. Block 5b Enter Special Nceds Assistance. Block 5c Enter cither "Q" for Query only access or "0" for Draw down access. Users who select Draw down access will automatically receive Qucry access. Block 6 The signature of the uscr requesting access and the current date. Block 7 This block is for the name, title, SSN, office phone number and address, and signature of the approving official representing the grantee. Approving officials cannot approve thcmsclves for access to the systcm. Block 8 Each ncw and re-instatcd uscr form must be notarized. Notary must be different from the authorized user, and the approving official. 9 __w"," "........... I ~,~~.- "'.'.'"""---,-""",,,,,,,,-,,,,,---,,, -"-,,.p .'",".,''''',---...''''''''''''--..--- --- CS Access Authorization u.s. Department of Housing OMS APPill No. 2S3S-0102 4curity Form for HUD Staff and Urban Development 16 08 expo S/312010) See the Privacy Act statement on the back before completing this form This form is used to request terminal access to Line of - ThlsformTstobeUcompleted by {tieL-aces user and slgnedbytJoihihe Personnel' Credit Control System (LOCCS). For users who require Official Clnd a LOCCS Access Authorizing Official. All entries are mandatory other than a data query access, a Limited Background unless specifically not applicable Print all Information clearly. Investigation package, e.g., SF-8SP (95 edition only), Send the completed form to: SF-87, and Fair Credit Reporting Authorization must U.S. Department of Housing also be completed and submitted to the CFO Security Office in Headquarters. and Urban Development Chief Financial Officer, FYM 1. Type of Action imark 0'18) 2. T'ype ot U;;er (,"'ark cne) P.O. Box 23774 New User RAD RO Washington, DC 20026-3774 Reinstate User FO OFA Terminate User OSS Please read the instructions on Page Two carefully Add new Program Area ACH before com letin this form. Change Program Area HQ 3 Rpqlon 12 jlgl!S) ,I F'eld Office 1.2 ,.jlgltS) 5 U~-,er iD (unless you're a new user) (mandatory) (mandatory) Change Address 6. L'Sf'r':; L:l:":.l Nn"-. lJ~~c'r s First l".Jaf11e Mlddte Inlt!al 7 tF,or's SOCial Secu(j~Y r-.Jumber S 'iCL r ::,J5$ 9 Office TAlppl10ne No. (Inclilde area code oi!o...!!1Ctension) City ~3t<lle ZiP Code 10. Office Correspondence Code '.mandatory) 11. User's Signature 12. Acce'::' 1-1f.'\~uGsled (Sk Ihls part Ii the ,\ype of User olde IS HAO." ACH, or'OSS.') I , I 13 Personnel Office Certification lor User I CFO Only CFO Only CFO Only! : I certify that: I Payment Field Program Query Sanklilg Voucher Venfy Office HQ o NACI completed (clate-mm1dd/yyyy) (reqUired for dll Area Cntrt DE Entry Admin Admin. 011lp(oyees) ~u_~_______ is on file. o A Limited Background Investigation package. e.g., SF- asp (9S edition only), SF-a7, and Fair Credit Reporting Authorization was submitted to the Personnel Secunty Branch on (dote'mm/,jd,yyyy) ~________._~___ pr-)rsonnel OffiCial's Title Phone ~Jumber L Personnel Off,clal"; Signature Dale Imm!,Jd'yyyy) t 3a.Personnel Office CtJltllication lor Appro'"ng OffiCial I certify that: 14. LOCCS Access Authorizing Official: M~ndatory data. Printed name, sacral security o ,'JACI complelorl (,'jate-lnmddj,!yY~I) I:; on number, title. phone number, and signature of the LOCCS Access Authonzlilg OffiCial. f-Io. The approving official should be the supervisor or higher level of manager of the person Cited on line 6. The LOCCS Access Authorizing Official must file a Limited A Limited B~ckqround Investl<Jatlon packnge, e.g., SF- Background Investigation package, e.g., SF-8SP (95 edition only), SF-a7, and Fair asp (9S edition onfy). and SF-8I, ilnd Fall' Credit Credit Reporting Authorization. Repol1ing Authorlzalion was submitted to the Personnel LOCCS Access Authorizing Official Security Branch on Name of Supervise, or'Llne Man,vJer SOCial Secunty ~Jul11ber i j:l~e-mrn,dd-''t/'/Yl _.. _ _"__.~__________ PerscflflPI OffiCial's Til'e Phl~ne NUf"ber Title Office Telephone ~Jumber Cflice-~ia"ing Address Per~;onnel Offj(;laJ's Signatwe D.lle i.'nm".Jd.yyy,!) SlJpor/lsor~orTllle Manager's Slgn'lture Date irnmicJd!yyyy) Warning: HUD will prosecute false c!,lims and statements. Conviction may result in criminal and/or CIVil penalties. ( 18 U.S.C 1001. 1010, 1012; 31 U.S.C. 3729, 3802) Previous editions are obsolete Page t of 1 form HUD-270S4-A (06/2003i -------.-.------.----- ---.... --- --.------ -.------...--- ------------- . ._._.________..__.M____ _____._ "_~~_ __....~_'"_...__~ t6-B-8 ~ Instructions for LOCCS Access Authorization Security Form (for HUD Staff) l. Type of Action: Mark "Voucher Entry" if you are a "RAO" type of user. and New User: User does not currently have a LO(TS User ID. an cmployee of the CFO National Accounting Ccnter and Reinstate User: Used to renew the user a,','esss authorila- your job function will be to enter vouchcrs into LOCCS. tion in LOCCS - Field personnel must send to Employee Mark "Verify" if you are a "RAO" type of user, and an Service Ccnter. HQ Personnel must go to Personnel S,'curity cmployce of the CFO National Accounting Center. and your in HQ. joh function is to confirm payment/banking data and/or Terminate User: will cause immediate termination of the vouchers cntcrcd hy the RAO. user's acccss to LOCCS, Mark "Field Office Administration" if you require author- Add New Program Area. User has a current L1ser ID and will ity to approvclreje,.t a payment that has been sent by LOeeS he increasing acccss capability - only list ncw areas. to program staff for approval prior to payment. This option Change Program Area: User has a current ID and \vill he will also give the user the ability to rccord receipt of out- standing program documents/forms. enter program hudget "hanging the user information or the access privikges cur- data for grants. and record receipt of Sel'lion X Financial rently assigned. Settlement Reviews. You must work in the region for which Change Address. User has a current ID and wi II he changing you are applying. current mailing address. !\'Iark "Headquarters Administration" if you are an "HQ" 2. Type of User: Jdentify the user as follows: type of user and you require access to screens f'lr overall FO =: Field Office Personnel program managemcnt. OSS =: Office of Finance and Accounting Systems Staff (HQonly) 13. Personnel Office Certification: Completing this bo:\ by the ACH =: Automated Clearing House team in Ihe Office of Office of PerS\ln ncl is mandatory. It must be fi lied in on Iy by Finance and Accounting (OFA) a Personnel Official. The name, title, and phone numher of RAO =: Regional Accounting Division the Personnel Otlicl:r are required. The Personnel Official must also reu)fd the dates that the Ni\CJ clearance wa,s OFA =: Operational area -- except forOFA's System Staffor completed and (he date the SF-X5P was sent to the Personnd the "ACH" team Sel:urity Branch. Failurl: to ohtain a Pl:rsonnel Official's HQ =: Headquarters Program Personnel signature will result in al:cess being denied. RO =: Regional Program Staff The LOCCS user must have a "National Agency Check with 3-4. Region/Field Oft1ce: Enter numeric region and Field Office Inquiry" (NACfJ investigation completed before they will hI: I:ode for the user. granted any LOCCS access. The LOCCS user will not be able 5. Oser 10: Enter your 6-digit LO(TS User ID if you are a to recd ve other than "Query" authority. fnr any program. if current user. Mandatory they have not completed a SF-1l5P. Background Invcstiga- tion form. 6-11. Self explanatory / Mandatory. To he valid at HUD. the clearance contained in the user's 12. Access Re(IUested: (If the User Type is "HAO:' or "OSS," personnel file must have been issued by a Federal Agency not skip to items 13-1'+.) more than fifteen (15) years ago. NACI and Limikd Back-- Enter the 3 or 4-character LOCCS Program Arell inl:olumn ground Investigations over 15 years old will not be accepkd. I. Headquarters program staff will provide you with the Jfthe Ni\CJ is over fifteen years old. the Office of Personnel appropriate code( s). must initiate and receive a new N.\CJ before they can sign \'1ark, in the appropriate column. the access privileges re- this forrn. quested: 14, LO(TS Access ,\uthorizillg Official: 1\.1andatory data. Mark "Query" only if no other classification is desired, This Printed name, social sel:urity number, title. phone numher. will allow the user to query all data for the HUD program and signature of the LOCCS Acccs,s Authorizing Official. within their Field Office. Regional. or Headquarters I:ontrol. The approving official should be the supervisor nr higher 1\lark "Payment/ Banking Cnntrol Data Entry" if you are level of manager of thl: person cited online 6. The LOCCS Access i\uthurizing Official must me a Limited Back- an employee of the eFn Natillnal Accounting Center. a grnund Investiglltion package. e.g.. SF-SSP! 95 edition "R:\()" type of mer. and your joh function will be assigning nnly), SF-S7, 0 F -306, and Fair Credit Reporting Autho- a grant to a Tax ID Number ur cntering payment/banking rizatinn. data. Privacy Act Statement: Public Law 97-255, Financiallntegnty Act, 31 U,S.C. 3512, authOrizes the Department of Housing and Urban Develop- ment (HUD) to collect all the information which will be used by HUD to protect disbursement data from fraudulent actions. The Housing and Com- munity Development Act of 1987. 42 U,S.C,3543 authorizes HUD to collect the SSN, The purpose of the data is to safeguard the Line of Credit Control System (LOCCS) from unauthorized access, The data are used to ensure that individuals who no longer require access to LOCCS have their access capability promptly deleted. Provision of the SSN is mandatory. HUD uses it as a unique identifier for safeguarding the LOCCS from unauthorized access. This IIlformation will not be otherwise disclosed or released outside of HUD. except as permitted or required by law, Failure to provide the information requested on the form may delay the processing of your approval for access to LOCCS, Previous editions are obsolete Page i form HUD-27054-A (06/2003) ,-. r . ,."',_.", ^"..._"._.__w"...._~__..,_,~..._"". .~ ol.." V I .. ""'"'"..~' -. ".,<.~~---~-_.._,.,.."'-'~..~"~_.".-"'_. ----, ':;S VRS u.s. Department of Housing 16 o Bs Approval ~o 2535-0102 and Urban Development (exp.5/31/2010) .dquest Voucher Office of Administration for Grant Payment Public reporting burden for this collection of information is estimated to averilge 10 minutes per response, including the time fur reviewing instructions, searching existing data sources, gathering and maintaining the data reeded, and completing and reviewing the collection of information. This agency may not collect this Information, and you are not required to complete this form ul'less It displays a currently valid OMS co~trol number. This information collection IS to request payment of grant funds or to designate the appropriate officials who can have access to HUD voice activated payment system The HUD voice activated payment system has been especially desigred to help the recipient when calling in for a request of funds and improves the payment process so the recipient will know right aWilY whether their request will be paid or not. This information collection IS required under 24 CFR Subpart C. 8521 - Post Award Requirements, the IIlformation collection is needed in order to obtain or retain a benefit. -.~"-------'-- - --- --X-LOi:;-CS P<)rm 1\1''''' 1 Voucher Number. J. PerIod Covered ,hiS Request 'ml11.yy)' __,____.._~__.__. ._.l______..__L____ _1..____ ~_.._._,,_l_._.__ frem to: --_. ."--"--..---- ---..'----'------------..-.,....----- .1. ReCipient Or'laniZallon's Name' ~b Reclp:ent Orgallilatlon's .A.ddress' - ____...____,___._______n__'_' _n ___00_ 4a.l~e(';lplent Organ1z.ltion's Emp!oYBf IdenUicatioll Number -.,-.----- - - - - - --.---.-----------...-- 5. Balance on Hand: $ 6 VOice Response No (5 digits, hyphen. 5 digitS) . Grant or Project No: Amount (dollars) (cents) $ * ......------ .~ -- -~ (2) * .."._------~---- - ----------.- 1,3) * .---------- - __ ___~___n.___.._ _..__________._____...__ (4) * ________ __ ________ - ___n________________. ____~_____ ____n______..._.._ _________ (5) * .------..-------------.----..---...-- - - - --- ------------------- (6) - * _,,_.______n_____._ -.....--- (7) - * ------------,,--.-_.. --- * (9) - * --_.--~-- ---- _______n______ _.~__._ ( 10): - * Voucher Total: $ * r hcn:hy certify that all the information stat.:J h.:r.:in. as \\.:11 as any in!(Jnllation prO\idcd in the ac.:ompanil11ent hcrc\',ilh, is tnlt: and ac.:uratc, Warning: HUD will prosecute false claims and statements. Conviction may result in cllmll1al ill'd/or Civil penal lies. (18 USC. 1001, 1010, 1012. 31 USC 3729 38022 7. Name ,.Il T::ie of r\u~hGnzed Sl~~natory fl'lpe or print (Iedrly) Sl~_lrature Date .)f "equest X Privacy Act Statement: Public Law 97-255, Financialll'tegrity Act, 31 US C 3512, ;Juthonzes the Department of Housing and Urban Development (HUD) to collect all the information (except the Social Security Number (SSN)) which will be used by HUD to protect disbursement data from fraudulent ilctions. The purpose of the data IS to safeguard the line of Credit Control System (lOCeS) from unauthorized access. The data are used to ensure that individuals who no longer require access to LOCCS have their access capability promptly deleted. Failure to provide the information requested on the form may delay the processing of your approval for access to LOCCS. While the provision of the SSN is voluntary, HUD uses It as a unique identifier for safeguarding the LOCCS from unauthorized access. This information Will not be otherwise disclosed or rete;Jsed outside of HUD, except as permitted or required by law Retain this form in your records for audit purposes form HUD-27053 (3/93) ~ ';j Instructions for the Preparation and Submission of form HUD-27053, Request Voucher or Grant Payment 1. Enter a (9) digit two part number. Part 1 is the (3) digit prefix to 6. Line 1: Enter the 1 O-digit VRS Number of the first projecUgrant for your program. (If you do not know your (3) digit program prefix, which funds are being requested. The first five digits of this contact your Program/Grant Officer). Part 2, the remaining (6) number identify the grantee/recipient: the second five identify the digits, will be assigned by LOCCSNRS during the telephone call. specific project/grant. The first five digits should always be the The entire (9) digit number will have to be entered prior to ending same for a grantee/recipient. The second five digits should run the call. consecutively for succeeding projects/grants within the program. 2. This block contains a maximum of 4-digit (xxxx) alpha/numeric Next. enter the HUD project/grant number for the project. This entry IS for confirmation purposes only and will not be entered into program area identifier as stated in block 5a of the HUD-27054, LOCCS-VRS through the touch-tone pad. Instead, when the VRS LOCCS Voice Response Access Authorization Form. number is keyed in, the VRS simulated voice will speak the HUD 3. Enter the period covered by this request. project/grant number for the caller to ensure the correct VRS 4. Enter the recipient organization's name as stated on the grant number was keyed. Finally. enter the amount requested for that particular project/grant. Dollars should be entered tro the left of agreement. the asterisk (') and cents to its right. 4a. Recipient Organization's Employer Identification Number (EIN) Lines 2 through 10: List any other project grants in the same is the nine(9) digit number that is also known as the Tax HUD Program Area for which funds are to be requested. The total Identification Number (TIN) in LOCCS-VRS and the Claim or amount requested is entered in the lower right hand corner of PayrolllD Number on the SF-1199A Block 6. 4b. Enter recipient organization's mailing address. 7. Enter the authorizing signature and date of signature. The 5. Enter the current balance of cash on hand. authorizing signatory in Block 7 can not be the same person(s) designated in Block 3 of the HUD-27054, LOCCS Voice Re- sponse Access Authorization Form. Retain this form in your records for audit purposes form HUD.27053 (3/93) ~......~._---.. ! ._.._..._~._~... - , -..,,"""",."-',........-'.... ,....~...,,,.._- _.----.-