Agenda 04/12/2011 Item #16D5
4/12/2011 Item 16.D.5.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign three (3) grant agreements accepting
.he Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and
Urban Development (HUD) totaling $330,761 and approve budget amendments to recognize funding
associated with this award.
OBJECTIVE: To approve and authorize the Chairman to sign three (3) grant agreements accepting the
Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban
Development (HUD) totaling $330,761 and approve budget amendments to recognize funding associated with
this award.
CONSIDERATIONS: At the May 27,2003 BCC meeting, the Board gave approval for the County to become
the Lead Agency and apply to HUD on behalf of the County's social service agencies for the annual Continuum
of Care Homeless Assistance (CoC) grant. On December 14,2010 (Item 16DlO), the Board approved the after
the fact submission of a CoC grant application to HUD for three renewal projects at $330,761 and one new
project at $82,680. On February 28, 2011 HUD officially notified the County that it had received funding for
the renewal projects in the amount of $330,761. A funding decision for the new project will not be made by
HUD until early summer 20 II.
The following tables break down how the renewal projects have been awarded:
Pass Through Renewal Proiect Funds
Project Sponsor Project Name Project Amount +
Administration __
St. Matthew's House Wolfe $]10-423
Apartments . --
Shelter for Abused Transitional $113.000
Women and Children Housing
Total Pass Through $223,423
Renewal Funds I
I
Collier Countv Housing, Hwnan and Veteran Services (HHVS) Renewal Proiect Funds
HHVS
Project Na~-;:oject At;-.~~'+
T ;Administration
Homeless $104.645 + $1.693
Management from SI. Matthew's
Information House Project
System I
(HMlS) l~ $I07.US
Project Sponsor
Total Renewal Funds for
HHVS
..
--.J
TOTAL CoC GRANT FUNDING: $330.761 ($213.413 + $107.338)
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4/12/2011 Item 16.D.5.
Pass through awards will require the non-profit agencies to provide a 25% cash match for supportive services.
HHVS will be required to provide a 10% match for HMIS. The HMIS match will come from funding from the
state of Florida Department of Children and Families Challenge Grant and the U.S. Department of Housing and
Urban Development Community Development Block Grant.
FISCAL IMPACT: Approval of these agreements will allow grant funds in the amount of $213,413 to pass
through Collier County to the two non profits and for the County to retain $] 04,645 in Continuum of Care funds
to administer the Homeless Management Information System, and an additional $2,693 from half of the St.
Matthew's House administration allocation for a total amount of $107338 for HHVS. (In 1003 when Collier
County agreed to become the CoC Lead Agency, St. Matthew's House agreed that its administration funds
would be equally shared between the non-profit agency and HHVS.) The total CoC grant amount is $330,761.
Match funds will come from Fund CDBG Fund 111. No general funds are being utilized in these CoC grant
projects.
GROWTH MANAGEMENT IMPACT: Implementation of homelessness assistance grants will help
facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the County's
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office
and is legally sufficient for Board action. This item requires a majority vote.-JBW
RECOMMENDATION: To approve and authorize the Chairnlan to sign three (3) grant agreements accepting
the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban
.)evelopment (HUD) totaling $330,761 and approve budget amendments to recognize funding associated with
this award.
Prepared by: Nick Green, Grants Coordinator
Housing. Human and Veteran Services
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4/12/2011 Item 16.0.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.0.5.
Item Summary: Recommendation to approve and authorize the Chairman to sign three
(3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from
the U.S. Department of Housing and Urban Development (HUD) totaling $330,761 and approve
budget amendments to recognize funding associated with this award.
Meeting Date: 4/12/2011
Prepared By
Name: GreenNick
Title: Grants Coordinator, Housing, Human & Veteran Services
3/18/2011 12:04:40 PM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: GreenNick
3/18/2011 12:04:42 PM
Approved By
Name: AckermanMaria
Date: 3/21/2011 8:J9:31 AM
Name: KrumbineMarcy
Title: Director - Housing & Human Services, Housing, Human & Veteran Services
Date: 3/21/20114:22:40 PM
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 3/22/20 II 10:04: II AM
Name: CastorenaMargo
Date: 3/28/2011 10:44:56 AM
Name: FoordMarlene
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Title: Grant Development & Mgmt Coordinator, Grants
Date: 3/28/2011 10:52:55 AM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 3/28/2011 1:24:]3 PM
Name: RamseyMarla
Title: Administrator, Public Services
Date: 3/31/20114:13:27 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/1/20115:38:12 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/201] 10:37:10 AM
Name: PryorCheryl
Title: Management! Budget Analyst, Senior,Office of Management & Budget
Date: 4/4/2011 6:] 3 :26 PM
Name: OchsLeo
Title: County Manager
Date: 4/5/2011 9:48:08 AM
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4/12/2011 Item 16.0.5.
4/12/2011 Item 16.0.5.
A TT ACHMENT B
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
!i 583.1
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart ClApplication and Grant Award
Process
583.200 Application and grant award.
58.3.230 Environmental review.
583.235 Renewal grants.
Subpart DlProgram Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 Displacement! relocation, and acquisition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal opportunity
requirements.
583.330 A;Jplicability of other Federal requirements.
Subpart ElAdministration
583.400 Grant agreement.
583.405 Program changes.
583.4tO Obligation and deobligation offunds.
AUTHORITY: 42 U.s.c. tt389 and 3535Cd).
PART 583lSUPPORTIVE HOUSING
PROGRAM
SOURCE: 58 FR 13871, Mar. 15, 1993, unless
othervvise noted.
Subpart AlGeneral
Subpart AlGeneral
9583.1 Purpose and scope.
Ca) General. The Supportive Housing
Program is authorized by title IV of the Stewart
B. McKinney Homeless Assistance Act (the
McKinney Act) (42 U.s.e. lt381d1389). The
Supportive Housing program is designed to
promote the development of supportive housing
and supportive services, including innovative
approaches to assist homeless persons in the
transition from homelessness, and to promote
Sec.
583.1 Purpose and scope.
S83.S Definitions.
Subpart BlAssistance Provided
583.100 Types and uses of assistance.
583.105 Grants for acquisition and rehabilitation.
583.110 Grants for new construction.
583.tt5 Grants for leasing.
583.t20 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing, supportive services, and operating
costs.
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!i 583.5
the provision of supportive housing to homeless
persons to enable them to live as independently
as possible.
(b) Components. Funds under this part
may be used for:
(1) Transitional housing to facilitate the
movement of homeless individuals and families
to permanent housing;
(2) Permanent housing that provides
long-term housing for homeless persons with
disabilities;
(3) Housing that is, or is part of, a
particularly innovative project for, or alternative
methods of, meeting the immediate and
long-term needs of homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunction with
supportive housing.
[58 FR 13871, Mar. 15, 1993, as amended at 61
FR 51175, Sept. 30, 1996J
!i 583.5 Definitions.
As used in this part:
Applicant is defined in section 422(1) of the
McKinney Act (42 USe. 11382(1)). For
purposes of this definition, governmental
entities include those that have general
governmental powers (such as a city or county),
as well as those that have limited or special
powers (such as public housing agencies).
Consolidated plan means the plan that a
jurisdiction prepares and submits to HUD in
accordance with 24 CFR part 91.
Date of initial occupancy means the date
that the supportive housing is initially occupied
by a homeless person for whom HUD provides
assistance under this part. If the assistance is
for
all existing homeless facility, the date of initial
occupancy is the date that services are first
provided to the residents of supportive housing
with funding under this part.
Date of initial service provision means the
date that supportive services are initially
provided with funds under this part to homeless
persons who do not reside in supportive
housing. This definition
applies only to projects funded under this part
that do not provide supportive housing.
Disability is defined in section 422(2) of the
McKinney Act (42 USe. 11382(2)).
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4/12/2011 Item 16.0.5.
24 CFR Ch. V (4HL09 Edition)
Homeless person means an individual or
family that is described in section 103 of the
McKinney Act (42 U.S.e.11302).
Metropolitan city is defined in section
102(a)(4) of the Housing and Community
Development Act of t974 (42 USe.
5302(a)(4)). In general, metropolitan cities are
those cities that are eligible for an entitlement
grant under 24 CFR part 570, subpart D.
New construction means the building of a
structure where none existed or an addition to
an existing structure that increases the floor
area by more than 100 percent.
Operating costs is defined in section 422(5)
of the McKinney Act (42 U.S.e.11382(5)).
Outpatient health services is defined in
section 422(6) of the McKinney Act (42 USe.
11382(6)).
Permanent housing for homeless persons
with disabiiities is defined in section 424(c) of
the McKinney Act (42 USe.11384(c)).
Private nonprofit organization is defined in
section 422(7) (A), (6), and (D) of the McKinney
Act (42 USe. 11382(7) (A), (6), and (D)). The
organization must also have a functioning
accounting system that is operated in
accordance with generally accepted accounting
principles, or designate an entity that will
maintain a functioning accounting system for
the organization in accordance with generally
accepted accounting principles.
Project is defined in sections 422(8) and
424(d) of the McKinney Act (42U.S.e. 11382(8),
11384(d)).
Recipient's defined in section 422(9) of the
McKinney Act (42 U.s.e. 11382(9)).
Rehabilitation means the improvement or
repair of an existing structure or an addition to
an existing structure that does not increase the
floor area by more than 100 percent.
Rehabilitation does not include minor or routine
repairs.
State IS defined In section 422(11) of the
Mcf:inney Act (42 USe. 11382(11)).
Supportive housing is defined in section
424(a) of the McKinney Act (42U.S.e.
11384(a)).
Supportive services is defined in section 425
of the McKinney Act (42 USe.11385).
Transitional housing is defined in section
424(b) of the McKinney Act (42 USe.
11384(b)). See also 9 583.300(j).
"SP~\ll(\l.hud.g(\v
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4/12/2011 Item 16.0.5.
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
Tribe is defined in section 102 of the
Housing and Community Development Act of
1974 (42 U.s.e. 5302).
Urban county is defined in section 102(a)(6)
of the Housing and Community Development
Act of 1974 (42 U.s.C.5302(a)(6)). In general,
urban counties are those counties that are
eligible for an entitlement grant under 24 CFR
part 570, subpart D.
[61 FR 51175, Sept. 30, 1996]
Subpart BlAssistance Provided
!i 583.100 Types and uses of assistance.
(a) Grant assistance. Assistance in the form
of grants is available for acquisition of
structures, rehabilitation of structures,
acquisition and rehabilitation of structures, new
construction, leasing, operating costs for
supportive housing, and supportive services, as
described in 99 583.105 through 583.125.
Applicants may apply for more than one type of
assistance.
(b) Uses of grant assistance. Grant
assistance may be used to:
(1) Establish new supportive housing
facilities or new facilities to provide supportive
services;
(2) Expand existing faciiities in order to
increase the number of homeless persons
served;
(3) Bring existing facilities up to a level that
meets State and local government health and
safety standards;
(4) Provide additional supportive services
for residents of supportive housing or for
homeless persons not residing in supportive
housing;
(5) Purchase HUD-owned single family
properties currently leased by the applicant for
use as a homeless facility under 24 CFR part
291; and
(6) Continue funding supportive housing
where the recipient has received funding under
this part for leasing, supportive services, or
operating costs.
(c) Structures used for multiple purposes.
Structures used to provide supportive housing
or supportive services may also be used for
other purposes, except that assistance under
this part will be available only in proportion to
the use of the structure for supportive housing
or supportive services.
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!i 583.110
(d) Technical assistance. HUD may offer
technical assistance, as described in 9 583.140.
[58 FR 13871, Mar. 15, 1993, as amended at 59
FR 36891, July 19, 1994]
!i 583.105 Grants for acquisition and
rehabilitation.
(a) Use. HUD will grant funds to recipients
to:
(1) Pay a portion of the cost of the
acquisition of real property selected by the
recipients for use in the provision of supportive
housing or supportive services, including the
repayment of any outstanding debt on a ioan
made to purchase property that has not been
used previously as supportive housing or for
supportive services;
(2) Pay a portion of the cost of
rehabilitation
of structures, including cost-effective energy
measures, selected by the recipients to provide
supportive housing or supportive services; or
(3) Pay a portion of the cost of acquisition
and rehabilitation of structures, as described in
paragraphs (a)(I) and (2) of this section.
(b) Amount. The maximum grant available
for acquisition, rehabilitation, or acquisition and
rehabilitation is the lower of:
(1) $200,000; or
(2) The total cost of the acquisition,
rehabilitation, or acquisition and rehabilitation
minus the applicantLs contribution toward the
cost.
(c) Increased amounts. In areas
determined
by HUD to have high acquisition and
rehabilitation costs, grants of more than
$200,000, but not more than $400,000, may be
available.
!i 583.110 Grants for new construction.
(a) Use. HUD will grant funds to recipients
to pay a portion of the cost of new construction,
including cost-effective energy measures and
the cost of land associated with that
construction, for use in the provision of
supportive housing. If the grant funds are used
for new construction, the applicant must
demonstrate that the costs associated with new
construction are substantially
less than the costs associated with rehabilitation
or that there ;s a lack of available appropriate
units that could be rehabilitated at a cost less
than new construction. For purposes of
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!i 583.115
this cost comparison, costs associated with
rehabilitation or new construction may include
the cost of real property acquisition.
(b) Amount. The maximum grant available
for new construction is the lower of:
(1) $400,000; or
(2) The total cost of the new construction,
including the cost of land associated with that
construction, minus the applicantLs contribution
toward the cost of same.
!i 583.115 Grants for leasing.
(a) General. HUD will provide grants to pay
(as described in Ii 583. t30 of this part) for the
actual costs of leasing a structure or structures,
or portions thereof, used to provide supportive
housing or supportive services for up to five
years.
(b)(l) Leasing structures. Where grants
are used to pay rent for all or part of structures,
the rent paid must be reasonable In relation to
rents being charged in the area for comparable
space. In addition, the rent paid may not
exceed rents currently being charged by the
same owner for comparable space.
(2) Leasing individual units. Where grants
are used to pay rent for indiVidual housing
units, the rent paid must be reasonable in
relation to rents being charged for comparable
units, taking into account the location, size,
type, quality, amenities, facilities, and
management services. In addition, the rents
may not exceed rents currently being charged
by the same owner for comparable unassisted
units, and the portion of rents paid with grant
funds may not exceed HUD-determined fair
market rents. Recipients may use gr'ant funds in
an amount up to one monthLs rent to pay the
non-recipient landlord for any damages to
ieased units by homeless participants.
[S8 H-l 13871, ~',ar. 1.'), 19~::;, as amended ar ,S9 fR :::Sll91. Julv 19.
19~J . .
!i 583.120 Grants for supportive services
costs.
(e) General. HUD will provide grants to pay
(as described in Ii 583.130 of this part) for the
actual costs of supportive services for homeless
persons for up to five years. Allor part of the
supportive services may be provided directly by
the recipient or by arrangement with pubiic or
private service providers.
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24 CFR Ch. V (4l.ll09 Edition)
(b) Supportive services costs. Costs
associated with providing supportive services
include salaries paid to providers of supportive
services and any other costs directly associated
with providing such services. For a transitional
housing project, supportive services costs also
Inciude the costs of services provided to former
residents of transitional housing to assist their
adjustment to independent living. Such services
may be provided for up to six months after they
leave the transitional housing facility.
[58 FR 13871, Mar. 15,1993, as amended at 59 FR 36891, July 19
1994J I
!i 583.125 Grants for operating costs.
(a) General. HUD will provide grants to pay
a portion (as described in Ii 583.130) of the
actual operating costs of supportive housing for
up to five years.
(b) Operating costs. Operating costs are
those associated with the day-today operation
of the supportive housing. They also include the
actual expenses that a recipient incurs for
conducting on-going assessments of the
supportive services needed by residents and the
avaliabllity of such services; reiocation
assistance under Ii 583.310, Including payments
and services; and insurance.
(c) Recipient match requirement for
operating costs. Assistance for operating costs
will be available for up to 75 percent of the total
cost In each year of the grant term. The
recipient must pay the percentage of the actual
operating
costs not funded by HUD. At the end of each
operating year, the recipient must demonstrate
that it has met its match requirement of the
costs for that year.
58 :~F, 13871, r<;J:, 15, 1993, as am~nded at 61 FR 51175, 5'2pt. 30,
t,;} FR 305.2.3, 1'~3y 12,
!i 583.130 Commitment of grant amounts
for leasing, supportive services, and
operating costs.
Upon execution of a grant agreement
covering assistance for leasing, supportive
services, or operating costs, HUD will obliaate
amounts for a period not to exceed five -
operating years. The
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4/12/2011 Item 16.0.5.
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
total amount obligated will be equal to an
amount necessary for the specified years of
operation, less the recipientls share of
operating costs.
(Approved by the Office of Management and Budget under OMS
control number 2506W112)
[59 FR 36891, July 19, 1994)
!i 583.135 Administrative costs.
(a) General. Up to five percent of any grant
awarded under this part may be used for the
purpose of paying costs of administering the
assistance.
(b) Administrative costs. Administrative
costs include the costs associated with
accounting for the use of grant funds, preparing
reports for submission to HUD, obtaining
program audits, similar costs related to
administering the grant after the award, and
staff salaries associated with these
administrative costs. They do not include the
costs of carrying out eligible activities under SS
583.105 throuqh 583.125.
[58 FR 13871, Mar. 1"5, 1993, as amended at 61 FR 51175, Sept. 30,
1996]
!i 583.140 Technical assistance.
(a) General. HUD may set aside funds
annually to provide technical assistance, either
directly by HUD staff or indirectly through
third-party providers, for any supportive housing
project. This technical assistance is for the
purpose of promoting the development of
supportive housing and supportive services as
part of a continuum of care approach, including
innovative approaches to assist homeless
persons in the transition from homelessness,
and promoting the provision of supportive
housing to homeiess persons to enable them to
live as independently as possible.
(b) Uses of technical assistance. HUD may
use these funds to provide technical assistance
to prospective applicants, applicants, recipients,
or other providers of supportive housing or
services
for homeless persons, for supportive housing
projects. The assistance may include, but is not
limited to, written information such as papers,
monographs, manuals, guides, and brochures;
person-to-person exchanges; and training and
related costs.
(c) Selection of providers. From time to
time, as HUD determines the need,
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!i 583.150
HUD may advertise and competitively select
providers to deliver technical assistance. HUD
may enter into contracts, grants, or cooperative
agreements, when necessary, to implement the
technical assistance.
[59 FR 36892, July 19, 1994]
!i 583.145 Matching requirements.
(a) General. The recipient must match the
funds provided by HUD for grants for
acquisition, rehabilitation, and new construction
with an equal amount of funds from other
sources.
(b) Cash resources. The matching funds
must be cash resources provided to the project
by one or more of the following: the recipient,
the Federal government, State and local
governments, and private resources, in
accordance with 42 U.s.e. 11386. This statute
provides that a recipient may use funds from
any source, including any other Federal source
(but excluding the specific statutory subtitle
from which Supportive Housing Program funds
are provided), as well as State, local, and
private sources, provided that funds from the
other source are not statutorily prohibited to be
used as a match. It is the responsibility of the
recipient to ensure that any funds used to
satisfy the matching requirements of this
section are eligible under the laws governing
the funds to be used as matching funds for a
grant awarded under this program.
(c) I~aintenance of effort. State or local
government funds used in the matching
contribution are subject to the maintenance of
effort requirements described at S 583.150(a).
[58 FR 13871, f'.~ar. 15, 1993, as amended at 73
FR 75326, Dec. 11,2008]
9 583.150 Limitations on use of
assistance.
(a) Maintenance of effort. No assistance
provided under this part (or any State or local
government funds used to supplement this
assistance) may be used to repiace State or
local funds previously used, or designated for
use, to assist homeless persons.
(b) Faith-based activities. (1) Organizations
that are religious or faith-based are eligible, on
the same basis as any other organization, to
participate in
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~ 583.155
the Supportive Housing Program. Neither the
Federal government nor a State or iocal
government receiving funds under Supportive
Housing programs shall discriminate against an
organization on the basis of the organization's
religious character or affiliation.
(2) Organizations that are directiy funded
under the Supportive Housing Program may not
engage in inherently religious activities, such as
worship, religious instruction, or proseiytizatlon
as part of the programs or services funded
under this part. If an organization conducts
such activities, the activities must be offered
separately, in time or location, from the
programs or services funded under this part,
and participation must be voluntary for the
beneficiaries of the HUD-funded programs or
services.
(3) A religious organization that
participates in the Supportive Housing Program
will retain its independence from Federal, State,
and local governments, and may continue to
carry out its mission, including the definition,
practice, and expression of its religious beliefs,
provided that it does not use direct Supportive
Housing Program funds to support any
inhere:1tly religious activities, such as worship,
religious instruction, or proselytization. Among
other things, raith-based organizations may use
space in their facilities to provide Supportive
Housing Program-funded services, Without
removing religio~s art, icons, scriptures, or
other religious symtlols. In addition, a
Supportive Housing Program-funded religiOUS
organization retains its authority over its internal
governance, and it may retain religious terms in
its organization's name, select its board
members on a religio'~s basis, and include
religious referenc2s in its organization's mission
statemen::s and o~h2r governing documents.
(4) An or;anlzation that participatl2s in the
Supportive Housing Program shall not, in
providing program assistance, discriminate
against a program beneficiary or prospectiv'2
program beneficiary on the basis of religion or
religious belief.
(5) Program funds may not be used for the
acquisition, con3truc'::ion, or rehabilitation of
structures to the extent that those structures
are
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4/12/2011 Item 16.0.5.
24 CFR Ch. V (4<-1W9 Edition)
used for inherently religious activities. Program
funds may be used for the acquisition,
construction, or rehabilitation of structures only
to the extent that those structures are used for
conducting eligible activities under this part.
Where a structure is used for both eligible and
inherently religious activities, program funds
may not exceed the cost of those portions of
the acquisition, construction, or rehabilitation
that are attributable to eligible activities in
accordance with the cost accounting
requirements applicable to Supportive Housing
Program funds in this part. Sanctuaries, chapels,
or other rooms that a Supportive Housing
Program-funded religious congregation uses as
its principal place of worship, however, are
ineligible for Supportive Housing
Program-funded improvements. Disposition of
real property after the term of the grant, or any
change in use of the property during the term of
the grant, is subject to government-wide
regulations governing real property disposition
(see 24 CFR parts 84 and 8S).
(6) If a State or local government voluntarily
contributes its own funds to supplement
federally funded activities, the State or local
government has the option to segregate the
Federal funds or commingle them. However, if
the funds are commingled, this section applies
to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have control of a
site or sites but rather proposes to assist a
homeless family or individual in obtaining a
lease, which may include assistance with rent
payments and receiving supportive services,
after which time the family or individual remains
in the same housing without further assistance
under this part, that applicant may not request
c:ssistance for acquisition, rehabilitationl or new
construction.
::=s 'R ~5871, r"al. :5, 1993, as amended at 59 FR 36892, July 19,
': ~-(:'3: llf) rF, 56407, S~pt. 30. 2003J
!i 583.155 Consolidated plan.
(a) Applicants that are States or units of
general local government. The applicant must
have a HUD-approved complete or abbreviated
consolidated plan, in accordance with 24 CFR
part 91, and
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4/12/2011 Item 16.0.5.
Ote. ot Asst. Secy., Comm. Planning, Develop., HUD
!i 583.230
must submit a certification that the application
for funding is consistent with the HUD-approved
consolidated plan. Funded applicants must
certify in a grant agreement that they are
following the HUD-approved consolidated plan.
(b) Applicants that are not States or units
of general iocal government. The applicant must
submit a certification by the jurisdiction in which
the proposed project will be located that the
applicant's application for funding is consistent
with the jurisdiction's HUD-approved
consoiidated plan. The certification must be
. made by the unit of general local government or
the State, in accordance with the consistency
certification provisions of the consolidated plan
regulations, 24 CFR part 91, subpart F.
(c) Indian tribes and the Insular Areas of
Guam, the U.S. Virgin Islands, American Samoa,
and the Northern Mariana Islands. These
entities are not required to have a consolidated
plan or to make consolidated plan certifications.
An application by an Indian tribe or other
applicant for a project that will be located on a
reservation of an Indian tribe will not require a
certification by the tribe or the State. However,
where an Indian tribe is the applicant for a
project that will not be located on a reservation
the requirement for a certification under '
paragraph (b) of this section will apply.
(d) Timing of consolidated plan certification
submissions. Unless otherwise set forth in the
NOFA, the required certification that the
appiication for funding is consistent with the
HUD-approved consolidated plan must be
submitted by the funding application submission
deadline announced in the NOFA.
[60 FR 16380, Mar. '30, 1995]
Subpart C,-Application and Grant
Award Process
!i 583.200 Application and grant award.
When funds are made avaiiable for assistance,
HUD will publish a notice of funding availability
(NOFA) in the FEDERAL REGISTER in
accordance with the requirements ~f 24 CFR
part 4. HUD will review and screen applications
in accordance with the requirements in
WW\V.hlld.gov
section 426 of the McKinney Act (42
U.S.c. 11386) and the guidelines, rating
criteria, and procedures published in
the NOFA.
[61 FR 51176, Sept. 30, 1996]
!i 583.230 Environmental review.
(a) Activities under this part are subject to HUD
environmental regulations in part 58 of this title,
except that HUD will perform an environmental
review in accordance with part 50 of this title
prior to its approval of any conditionally selected
applications for Fiscal Year 2000 and prior years
that were received directly from private
nonprofit entities and governmental entities with
special or limited purpose powers. For activities
under a grant that generally would be subject to
review under part 58, HUD may make a finding
In accordance with 9 58.11(d) and may itself
perform the environmental review under the
provisions of part 50 of this title if the recipient
objects in writing to the responsible entity's
performing the review under part 58.
Irrespective of whether the responsible entity in
accord with part 58 (or HUD in accord with part
50) performs the environmental review, the
recipient shall supply all available, relevant
information necessary for the responsible entity
(or HUD, if applicable) to perform for each
property any environmental review required by
thiS part. The recipient also shall carry out
mitigating measures required by the responsible
entity (or HUD, if applicable) or select alternate
eligible property. HUD may eiiminate from
consideration any application that would require
an Environmental Impact Statement (EIS).
(b) The recipient, its project partners and
their contractors may not acquire, rehabilitate,
convert, lease, repairl dispose of, demolish or
construct property for a project under this part,
or commit or expend HUD or local funds for
such eligible activities under this part, until the
responsible entity (as defined in 9 58.2 of this
title) has C-Jmpleted the environmental review
procedures required by part 58 and the
environmental certification and RROF have been
approved or HUD has performed an
environmental review under part 50 and the
recipient has received HUD approval of the
property. HUD will not
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!i 583.235
release grant funds if the recipient or
any other party commits grant funds
(i.e., incurs any costs or expenditures
to be paid or reimbursed with such funds)
before the recipient submits and HUD approves
its RROF (where such submission is required).
[68 FR 56131, Sept. 29, 2003]
!i 583.235 Renewal grants.
(a) General. Grants made under this part,
and grants made under subtities C and D (the
Supportive Housing Demonstration and SAFAH,
respectively) of the Stewart B. McKinney
Homeless Assistance Act as in effect before
October 28, 1992, may be renewed on a
noncompetitive basis to continue ongoing
leasing, operations, and supportive services for
additional years beyond the initial funding
period. To be considered for renewal funding for
leasing, operating costs, or supportive services,
recipients must submit a request for such
funding in the form specified by HUD, must
meet the requirements of this part, and must
submit requests within the time period
established by HUD.
(b) Assistance available. The first renewal
will be far a period of time not to exceed the
difference between the end of the initial funding
period and ten years from the date of initial
occupancy or the date of initial service
provision, as applicable. Any subsequent
renewal will be for a period of time not to
exceed five years. Assistance during each year
of the fenev./al peri:Jd, subject to maintenance
of effort requirements under ~ 583.150(a) mal'
be for:
(1) Up to 50 percent of the actual
operating and leasing costs in the final year of
the initial fUilciing De~iod;
(2) Up to rh'= ar.lount of HUD assistance for
supportive services in the final year of the initial
funding period; and
(3) An allowance for cost increases.
(c) HUD review. (1) HUD will review the
request for renewal and will evaluate the
recipient's performance in previous years
against the ~'iar.s and goals established in the
initial appiication for assistance, as amended.
HUD V/I!! approve the request for renewal unless
th'2 recipient proposes to serve a population
that is not homeless, or the recipient has not
shown adequate progress as evidenced by an
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unacceptably slow expenditure of funds, or the
recipient has been unsuccessful in assisting
participants in achieving and maintaining
independent living. In determining the
recipient's success in assisting participants to
achieve and maintain independent living,
consideration will be given to the level and type
of problems of participants. For recipients with a
poor record of success, HUD wiil also consider
the recip']ent's willingness to accept technical
assistance and to make changes suggested by
technical assistance providers. Other factors'
which will affect HUD's decision to approve a
renewal request include the following: a
continuing history of inadequate financial
management accounting practices, indications
of mismanagement on the part of the recipient,
a drastic reduction in the population served by
the recipient, program changes made by the
recipient without prior HUD approval, and loss
of project site.
(2) HUD reserves the right to reject a
request from any organization with an
outstanding obligation to HUD that is in arrears
or for which a payment schedule has not been
agreed to, or whose response to an audit
finding ]S overdue or unsatisfactory.
(3) HUD will notify the recipient in writing
that the request has been approved or
disapproved.
(AprmJVed bv tht: Office of Management and Budget under control
number 25D6.:.0112)
Subpart O,-Program Requirements
!i 583.300 General operation.
(a) State and iocal requirements. Each
recipient of assistance under this part must
provide housing or services that are ']n
compliance with all applicable State and local
h8using codes, licensing requirements, and any
other requirements in the jurisdiction in which
th'2 project is located regarding the condition of
the structure and the operation of the housing
or services.
(b) Habitabiiity standards. Except for such
variations as are proposed by the recipient and
approved by HUD, supportive housing must
meet the following requirements:
(1) Structure and materia is. The structures
must be structurally sound so as not to pose
any threat to the health
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!j 583.300
and safety of the occupants and so as to protect
the residents from the elements.
(2) Access. The housing must be accessible
and capable of being utilized without
unauthorized use of other private properties.
Structures must provide alternate means of
egress in case of fire.
(3) Space and security. Each resident must
be afforded adequate space and security for
themselves and their belongings. Each resident
must be provided
an acceptable place to sleep.
(4) Interior air quality. Every room or space
must be provided with natural or mechanical
ventilation. Structures must be free of pollutants
in the air at levels that threaten the health of
residents.
(5) Water supply. The water supply must
be free from contamination.
(6) Sanitary facilities. Residents must have
access to sufficient sanitary facilities that are in
proper operating condition, may be used in
privacy, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The housing
must have adequate heating and/or cooling
facilities in proper operating condition.
(8) Illumination and electricity. The
housing must have adequate natural or artificial
illumination to permit normal indoor activities
and to support the health and safety of
residents. Sufficient electrical sources must be
provided to permit use of essential electrical
appliances while assuring safety from fire.
(9) Food preparation and refuse disposal.
All food preparation areas must contain suitable
space and equipment to store, prepare, and
serve food in a sanitary manner.
(10) Sanitary condition. The housing and
any equipment must be maintained
in sanitary condition.
(11) Fire safety. (i) Each unit must include
at least one battery-operated or hard-wired
smoke detector, in proper working condition, on
each occupied level of the unit. Smoke detectors
must be located, to the extent practicable, in a
hallway adjacent to a bedroom. If the unit is
occupied by hearing-impaired persons, smoke
detectors must have an aiarm system designed
www.hud.gov
for hearing-impaired persons in each bedroom
occupied by a hearing-impaired person.
(ii) The public areas of all housing must be
equipped with a sufficient number, but not less
than one for each area, of battery-operated or
hard-wired smoke detectors. Public areas
include, but are not limited to, laundry rooms,
community rooms, day care centers, hallways,
stairwells, and other common areas.
(c) Meals. Each recipient of assistance
under this part who provides supportive housing
for homeless persons with disabilities must
provide meals or meal preparation facilities for
residents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance under this
part must conduct an ongoing assessment of
the supportive services required by the
residents of the project and the availability of
such services, and make adjustments as
appropriate.
(e) Residential supervision. Each recipient
of assistance under this part must provide
residential supervision as necessary to facilitate
the adequate provision of supportive services to
the residents of the housing throughout the
term of the commitment to operate supportive
housing. Residential supervision may include the
employment of a full- or part-time residential
supervisor with sufficient knowledge to provide
or to supervise the provision of supportive
services to the residents.
(f) Participation of homeless persons. (1)
Each recipient must provide for the participation
of homeiess persons as required in section
426(g) of the McKinney Act (42 U.s.e.
11386(g)). This requirement is waived if an
applicant is unable to meet it and presents a
plan for HUD approval to otherwise consult with
homeless or formerly homeless persons in
considering and making policies and decisions.
See also ~ 583.330(e).
(2) Each recipient of assistance under this
part must, to the maximum extent practicable,
involve homeless individuals and famili'2s,
through employment, voiunteer services, or
otherwise, in constructing, rehabilitating,
maintaining, and operating the project and
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!i 583.305
in providing supportive services for the project.
(g) Records and reports. Each recipient of
assistance under this part must keep any
records and make any reports (including those
pertaining to race, ethnicity, gender, and
disability status data) that HUD may require
within the timeframe required.
(h) Confidentiality. Each recipient that
provides family violence prevention or treatment
services must develop and implement
procedures to ensure:
(1) The confidentiality of records pertaining
to any individual services; and
(2) That the address or location of any
project assisted will not be made public, except
with written authorization of the person or
persons responsible for the operation of the
project.
(i) Termination of housing assistance. The
recipient may terminate assistance to a
participant who violates program requirements.
Recipients should terminate assistance only in
the most severe cases. Recipients may resume
assistance to a participant whose assistance was
previously terminated. In terminating assistance
to a part'lcipant, the recipient must provide a
formal process that recognizes the rights of
individ'Jals receiving 2ssistance to due process
of law. :his process, at a minimum, must
consist of:
(1) Written notice to the participant
containing a clear s'catement of the reasons for
termination;
(2) A review of the decision, in which the
particpant IS giv.en the opportunity to present
written or oral objections before a person other
than the person (or a subordinate of that
person) who made or approved the termination
decision; and
(3) Prompt 'Nritten notice of the final
decisian to the participant.
(j) Limit3tion of stay in transitional
housing. A homeless individual or family may
remain in transitional housing for a period
longer t~an 24 monthsl if permanent housing
for the individual or family has not been located
or if the indiVidual or family requires additional
time to prep3re for independent iiving.
However, HUD niay discontinue 2SS!stance for a
transitional housing project if more than half of
the homeless
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individuals or families remain in that project
longer than 24 months.
(k) Outpatient health services. Outpatient
health services provided by the recipient must
be approved as appropriate by HUD and the
Department of Health and Human Services
(HHS). Upon receipt of an application that
proposes the provision of outpatient health
services, HUD will consult with HHS with respect
to the appropriateness of the proposed services.
(I) Annual assurances. Recipients who
receive assistance only for leasing, operating
costs or supportive services costs must provide
an annual assurance for each year such
assistance is received that the project will be
operated for the purpose specified in the
application.
(Approved by the Office of Management and Budget under control
nunlber2506Wl:2)
;58 rR 13871, Mar. 15, 1993, as amended at 59 FR 36892, July 19,
199<1; 61 FR 51176, Sept. 30, 1996]
!i 583.305 Term of commitment;
repayment
of grants; prevention of undue benefits.
(a) Term of commitment and conversion.
Recipients must agree to operate the housing or
provide supportive services in accordance with
this part and with sections 423 (b)(l) and (b)(3)
of the McKinney Act (42 U.S.c. 11383(b)(1),
11383(b)(3)).
(b) Repayment of grant and prevention of
undue benefits. In accordance with section
423(c) of the McKinney Act (42 U.S.c.
11383(c)), HUD will require recipients to repay
the grant unless HUD has authorized conversion
of the project under section 423(b)(3) of the
HcKinney Act (42 U.S.c. 113S3(b)(3)).
:(;.: H', 5:;76, .s'2P~. 30. 1996J
!i 583.310 Displacement, relocation, and
acquisition.
(a) Hinlmizing displacement. Consistent
with the other goals and objectives of this part,
recipients must assure that they have taken all
reasonable steps to minimize the displacement
of persons (families, individuals, businesses,
nonprofit organizations, and farms) as a result
of supportive housing assisted under this part.
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(b) Relocation assistance for displaced
persons. A displaced person (defined in
paragraph (f) of this section) must be provided
relocation assistance at the levels described in,
and in accordance with, the requirements of the
Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.s.c.
4601(4655) and implementing regulations at 49
CFR part 24.
(c) Real property acquisition requirements.
The acquisition of real property for supportive
housing is subject to the URA and the
requirements described in 49 CFR part 24,
subpart B.
(d) Responsibility of recipient. (1) The recipient
must certify (i.e., provide assurance of
compliance) that it will comply with the URA,
the regulations at 49 CFR part 24, and the
requirements of this section, and must ensure
such compliance notwithstanding any third
partyLs contractual obligation to the recipient to
comply with these provisions.
(2) The cost of required relocation
assistance is an eligible project cost in the same
manner and to the same extent as other project
costs. Such costs also may be paid for with local
public funds or funds available from other
sources.
(3) The recipient must maintain records in
sufficient detail to demonstrate compliance with
provisions of this section.
(e) Appeals. A person who disagrees w'lth
the recipientLs determination concerning
whether the person qualifies as a . 'displaced
person,LL or the amount of relocation assistance
for which the person is eligible, may file a
written appeal of that determination with the
recipient. A low-income person who is
dissatisfied with the recipientLs determination
on his or her appeal may submit a written
request for review of that determination to the
HUD field office.
(f) Definition of displaced person. (1) For
purposes of this section, the term' 'displaced
personLL means a person (family, individual,
business, nonprofit organization, or farm) that
moves from real property, or moves personal
property from real property permanently as a
direct result of acquisition, rehabilitation, or
demolition for supportive housing project',s
assisted under this
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!i 583,310
part. The term' 'displaced personLL includes,
but may not be limited to:
(i) A person that moves permanently from
the real property after the property owner (or
person in control of the site) issues a vacate
notice, or refuses to renew an expiring lease in
order to evade the responsibility to provide
relocation assistance, if the move occurs on or
after the date the recipient submits to HUD the
application or application amendment
designating the project site.
(ii) Any person, including a person who
moves before the date described in paragraph
(f)(l)(i) of this section, if the recipient or HUD
determines that the displacement resulted
directly from acquisition, rehabilitation, or
demolition for the assisted project.
(ili) A tenant-occupant of a dwelling unit
who moves permanently from the
building/complex on or after the date of the
, 'initiation of negotiationsLL (see paragraph (g)
of this section) if the move occurs before the
tenant has been provided written notice offering
him or her the opportunity to lease and occupy
a suitable, decent, safe and sanitary dwelling in
the same building/ complex, under reasonable
terms and conditions, upon completion of the
project. Such reasonable terms and conditions
must include a monthly rent and estimated
average monthly utility costs that do not exceed
the greater of:
(A) The tenantLs monthly rent before the
nitiation of negotiations and estimated average
utility costs, or income. If the initial rent is at or
near the maximum, there must be a reasonable
basis for concluding at the time the project is
initiated that future rent increases will be
modest.
(iv) A tenant of a dwelling who is required to
relocate temporarily, but does not return to the
building/complex, if either:
(A) A tenant is not offered payment for all
reasonable out-of-pocket expenses incurred in
connection with the temporary relocation, or
(B) Other conditions of the temporary
relocation are not reasonable.
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!i 583.315
(v) A tenant of a dwelling who moves from
the bUilding/complex permanently after he or
she has been required to move to another unit
in the same building/complex, if either:
(A) The tenant is not offered
reimbursement for all reasonable out-of pocket
expenses incurred in connection with the move;
or (B) Other conditions of the move are not
reasonabie.
(2) Notwithstanding the provisions of
paragraph (f)(l) of this section, a person does
not qualify as a "displaced person" (and is not
eiiglble for relocation assistance under the URA
or this section), if:
(i) The person has been evicted for serious
or repeated violation of the terms and
conditions of the lease or occupancy agreement,
violation of applicable Federal, State, or local or
tribal law, or other good cause, and HUD
determines that the eviction was not undertaken
for the purpose of evading the obligation to
provide relocation assistance;
(ii) The person moved into the property
after the submission of the application and,
before signing a lease and commencing
occupancy, VV3S pmvided VJrjtten notice of the
project, its possible Impact on the person (e.g.,
the person may be displaced, temporarily
relocated, or suffer a rent increase) and the fact
that the person would not qualify as a
"displaced person" (or for any assistance
provided under this section), if the project is
approved;
(iii) The person is ineligible under 49 CFR
24.2(g1(2); or
(iv) HUD determines that the person was
not displaced 25 a direct result of acquisition,
rehabilitation, or demolition for the project.
(3) TIl:: recipient may request, at any time,
HUD's d:::::ermination of whether a displacement
is or would be covered under this section.
(g) Definition of Initiation of negotiations.
For purposes of determining the formula for
computing the replacement housing assistance
to be provided to a residential tenant dispiaced
as a direct result of privately undertaken
rehabilitation, oemolition, or acquisition of the
real property, the term "initiation of
negobations" means the execution
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of the agreement between the recipient and
HUD.
(h) Definition of project. For purposes of
this section, the term' 'projecti.i. means an
undertaking paid for in whole or in part with
assistance under this part. Two or more
activities that are integrally reiated, each
essential to the others, are considered a single
project, whether or not all component activities
receive assistance under this part.
[S8 FR 13871, Mar. 15, 1993, cs amended at 59 FR 36892, July 19,
1994J
!i 583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be required
to pay as rent an amount determined by the
recipient which may not exceed the highest of:
(1) 30 percent of the family's monthly
adjusted income (adjustment factors include the
number of people in the family, age of family
members, medical expenses and child care
expenses). The calculation of the family's
monthly adjusted income must include the
expense deductions provided in 24 CFR
5.611(a), and for persons with disabilities, the
calculation of the famiiy's monthly adjusted
income aiso must include the disallowance of
earned income as provided In 24 CFR 5.617, if
applicable;
(2) 10 percent of the famiiy's monthly
gross income; or
(3) If the family is receiving payments for
welfare assistance from a public agency and a
part of the payments, adjusted in accordance
With the family's actual housing costs, is
specifically designated by the agency to meet
the family's housing costs, the portion of the
payment that is designated for housing costs.
(b) Use of rent. Resident rent may be used
in the operation of the project or may be
reserved, in whole or in part, to assist residents
of transitional housing in moving to permanent
housing.
(c) Fees. In addition to resident rent,
recipients may charge residents reasonable fees
for services not paid with grant funds.
[5H FR 13371, ~'~(jr. 15, 1993, as am-=nded at 59
FR 36392, Julv 19,1994; 66 FR 6225, Jan_ ]Q,
28:1]
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!i 583.325
!i 583.320 Site control.
(a) Site control. (1) Where grant funds will
be used for acquisition, rehabilitation, or new
construction to provide supportive housing or
supportive services, or where grant funds will be
used for operating costs of supportive housing,
or where grant funds will be used to provide
supportive services except where an applicant
wiii provide services at sites not operated by
the applicant, an applicant must demonstrate
site control before HUD will execute a grant
agreement (e.g., through a deed, lease,
executed contract of sale). If such site control is
not demonstrated within one year after initiai
notification of the award of assistance under
this part, the grant will be deobligated as
provided in paragraph (c) of this section.
(2) Where grant funds will be used to lease
aii or part of a structure to provide supportive
housing or supportive services, or where grant
funds wiii be used to lease individual housing
units for homeless persons who wiii eventuaiiy
control the units, site control need not be
demonstrated.
(b) Site change. (1) A recipient may obtain
ownership or control of a suitable site different
from the one specified in its application.
Retention of an assistance award is subject to
the new sitei.s meeting ali requirements under
this part for suitabie sites.
(2) If the acquisition, rehabilitation,
acquisition and rehabilitation, or new
construction costs for the substitute site are
greater than the amount of the grant awarded
for the site specified in the appiication, the
recipient must provide for ail additional costs. If
the recipient is unable to demonstrate to HUD
that it is able to provide for the difference in
costs, HUD may deobligate the award of
assistance.
(c) Failure to obtain site control within one
year. HUO will recapture or deobligate any
award for assistance under this part if the
recipient is not in control of a suitable site
before the expiration of one year after initial
notification of an award.
!i 583,325 Nondiscrimination and equal
opportunity requirements.
(a) General. Notwithstanding the permissibility
of proposals that serve designated population
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of disabied homeless persons, recipients serving
a designated populations of disabled homeless
persons are required, within the designated
population, to comply with these requirements
for nondiscrimination on the basis of race color
religion, sex, national origin, age, familial 'statu;,
and disability.
(b) Nondiscrimination and equal
opportunity requirements. The
nondiscrimination and equal opportunity
requirements set forth at part 5 of this title
apply to this program. The Indian Civil Rights
Act (25 U.s.e. 1301 et seq.) applies to tribes
when they exercise their powers of
self-government, and to Indian housing
authorities (IHAs) when established by the
exercise of such powers. When an IHA is
established under State law, the applicability of
the Indian Civil Rights Act wiii be determined on
a case-by-case basis. Projects subject to the
Indian Civil Rights Act must be developed and
operated in compliance with its provisions and
aii implementing HUD requirements, instead of
title VI and the Fair Housing Act and their
implementing regulations.
(c) Procedures. (1) If the procedures that
the recipient intends to use to make known the
availability of the supportive housing are
unlikely to reach persons of any particular race
color, religion, sex, age, national origin, familial
status, or handicap who may qualify for
admission to the housing, the recipient must
establish additional procedures that wiii ensure
that such persons can obtain information
concerning availability of the housing.
(2) The recipient must adopt procedures to
make availabie information on the existence and
locations of facilities and services that are
accessible to persons with a handicap and
maintain evidence of implementation of the
procedures.
(d) Accessibility requirements. The
recipient must comply with the new construction
accessibility requirements of the Fair Housing
Act and section 504 of the Rehabilitation Act of
1973, and the reasonable accommodation and
rehabilitation accessibility requirements of
section 504 as foiiows:
(1) All new construction must meet the
accessibility requirements of 24
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!i 583.330
CFR 8.22 and, as applicable, 24 CFR 100.205.
(2) Projects in which costs of rehabilitation
are 75 percent or more of the replacement cost
of the building must meet the requirements of
24 CFR 8.23(a). Other rehabilitation must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871, f'lar. :5, 1.993, as amended at 59
FR 33894, June 30, :994; 61 FR 5210, Feb. 9, 1995; 61 FR Si176,
Sept, 3D, 1996J
!i 583.330 Applicability of other Federal
requirements.
In addition to the requirements set forth in
24 CFR part 5, use of assistance provided under
this part must comply with the following Federal
requirements:
(a) Flood insurance. (1) The Flood Disaster
Protection Act of t973 (42 USe. 4001,A128)
prohibits the approval of applications for
assistance for acquisition or construction
(inciuding rehabilitation) for supportive housing
located in an area identified by the Federai
Emerg~ncy ~1anagement Agency (FEMA) as
having sp~cial f180d hazards, unless:
(!) The community in which the area is
sitUated Is participating in the National Flood
Insurance Proql'am (see 44 CFR parts 59
through 79), ~r less than a year has passed
since FEMA notification regarding such hazards;
and
(ii) Flood insurance is obtained as a
condition of approval of the appiication.
(2) Applicents with supportive housing
located In an ar22 identified by FEMA as having
special flood hazards and receiving assistance
for a:o'J!sition or co::struction (including
rehabilitation) are responsible for assuring that
flood irSlirance under the National Flood
Insurance PrDor?m is obtained and maintained.
(c) Tile i~J2stat S3JTi:;r ResJurces Act of
1982 (16 U.S,C. 3501 et seq.) may apply to
proposals under this part, depending on the
assistance request'2d.
(c) Applicability of OMB Circulars. The
policies, guidelines, and requirements of OMB
Circu~ai Na. Ai.87 (Cast Principles Appilcabie to
Grants, CJntr3cts and Other Agreements with
State end Local Governments) and 24 CFR palt
85 appl)/ :c the .;::;',^,'aid, acceptance, and use of
assistance under the pro'~ram by governmental
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4/12/2011 Item 16.0.5.
24 CFR Ch. V (4lU09 Edition)
entities, and OMB circular Nos. A-110 (Grants
and Cooperative Agreements with Institutions of
Higher Education, Hospitals, and Other
Nonprofit Organizations) and A-122 (Cost
Principles Applicable to Grants, Contracts and
other Agreements with Nonprofit Institutions)
apply to the acceptance and use of assistance
by private nonprofit organizations, except where
inconsistent with the provisions of the McKinney
Act, other Federal statutes, or this part. (Copies
of OMB Circulars may be obtained from E.O.P.
Publications, room 2200, New Executive Office
Building, Washington, DC 20503, teiephone
(202) 395-7332. (This is not a toll-free number.)
There is a limit of two free copies.
(d) Lead-based paint. The Lead-Based
Paint Poisoning Prevention Act (42 USe.
4821-4846), the Residentiai Lead- Based Paint
Hazard Reduction Act of 1992 (42 USe.
4851-4856), and implementing regulations at
part 35, subparts A, B, J, K, and R of this title
apply to activities under this program.
(e) Conflicts of interest. (t) In addition to
the conflict of interest requirements in 24 CFR
part 85, no person who is an employee, agent,
consultant, officer, or elected or appointed
official of the recipient and who exercises or has
exercised any functions or responsibilities with
respect to assisted activities, or who is in a
position to participate in a decision making
process or gain inside information with regard
to such activities, may obtain a personal or
financial interest or benefit from the activity, or
have an interest in any contract, subcontract, or
agreement with respect thereto, or the proceeds
there under, either for himself or herself or for
those with whom he or she has family or
bUSiness ties, during his or her tenure or for one
year thereafter. Participation by homeless
'lndividuais who also are participants under the
program in poiicy or decisianmaking under ~
583.300(f) does not constitute a confiict of
IfItc:rest.
(2) Upon the written request of the recipi'2nt,
HUD may grant an exception to the provisions
of paragraph (e)(l) of this section on a
case-by-case basis when it determines that the
exception will serve to further the purposes of
the program and the effective and efficient
administration of the recipient's
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4/12/2011 Item 16.0.5.
Ofe. of Asst. Secy., Comm. Planning, Develop., HUD
!i 583.405
project. An exception may be considered only
after the recipient has provided the following:
(i) For States and other governmental
entities, a disclosure of the nature of the
conflict, accompanied by an assurance that
there has been public disclosure of the conflict
and a description of how the public disclosure
was made; and
(ii) For all recipients, an opinion of the
recipient's attorney that the interest for which
the exception is sought would not violate State
or local law.
(3) In determining whether to grant a
requested exception after the recipient has
satisfactorily met the requirement of paragraph
(e)(2) of this section, HUD will consider the
cumulative effect of the foilowing factors, where
applicable:
(i) Whether the exception wouid provide a
significant cost benefit or an essential degree of
expertise to the project which would otherwise
not be available;
(ii) Whether the person affected is a
member of a group or class of eligibie persons
and the exception will permit such person to
receive generally the same interests or benefits
as are being made available or provided to the
group or class;
(iii) Whether the affected person has
withdrawn from his or her functions or
responsibilities, or the decisionmaking process
with respect to the specific assisted activity in
question;
(iv) Whether the interest or benefit was
present before the affected person was in a
position as described in paragraph (e)(l) of this
section;
(v) Whether undue hardship will result
either to the recipient or the person affected
when weighed against the public interest served
by avoiding the prohibited conflict; and
(vi) Any other relevant conSiderations.
(f) Audit. The financial management
systems used by recipients under this program
must provide for audits in accordance with 24
CFR part 44 or part 45, as applicable. HUD may
perform or require additional audits as it finds
necessary or appropriate.
\\'ww.hud.gov
(g) Davis-Bacon Act. The provisions of the
Davis-Bacon Act do not apply to this program.
[58 FR 13871, Mar. IS, 1993, as amended at 61
FR 5211, Feb. 9, 1996; 64 FR 50226, Sept. IS,
1999)
Subpart Ei.Administration
!i 583.400 Grant agreement.
(a) General. The duty to provide supportive
housing or supportive services in accordance
with the requirements of this part will be
incorporated in a grant agreement executed by
HUD and the recipient.
(b) Enforcement. HUD will enforce the
obligations in the grant agreement through such
action as may be appropriate, including
repayment of funds that have already been
disbursed to the recipient.
!i 583.405 Program changes.
(a) HUD approval. (1) A recipient may not
make any significant changes to an approved
program without prior HUD approval. Significant
changes include, but are not limited to, a
change in the recipient, a change in the project
site, additions or deletions in the types of
activities listed in 9 583.100 of this part
approved for the program or a shift of more
than 10 percent of funds from one approved
type of activity to another, and a change in the
category of participants to be served.
Depending on the nature of the change, HUD
may require a new certification of consistency
with the consolidated plan (see 9 583.155).
(2) Approval for changes is contingent
upon the application ranking remaining high
enough after the approved change to have been
competitively selected for funding in the year
the application was selected.
(b) Documentation of other changes. Any
changes to an approved program that do not
require prior HUD approval must be fully
documented in the recipient"s records.
[58 FR 13871, Mar. 15, 1993, as amended at 61 FR 51176, Sept. 30,
1996J
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4/12/2011 Item 16.0.5.
~ 583.410
24 CFR Ch. V (411W9 Edition)
~ 583.410 Obligation and deobligation of
funds.
(a) Obligation of funds. When HUD and the
applicant execute a grant agreement, funds are
obligated to cover the amount of the approved
assistance under subpart B of this part. The
recipient will be expected to carry out the
supportive housing or supportive services
activities as proposed in the application.
(b) Increases. After the initial obligation of
funds, HUD will not make revisions to increase
the amount obligated.
(c) Deobligation. (1) HUD may deobligate
all or parts of grants for acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction:
(i) If the actual total cost of acquisition,
rehabilitation, acquisition and rehabilitation, or
new construction is less than the total cost
anticipated in the application; or
(ii) If proposed activities for which funding
was approved are not begun within three
months or residents do not begin to occupy the
facility within nine months after grant execution.
(2) HUD may deobligate the amounts for
annual leasing costs, operating costs or
supp8:tive services in any year:
(I) If the actual leasing costs, operating
costs or suppDrtive services for that year are
less than the total cost anticipated in the
application; or
(ii) If the proposed supportive housing
operations are not begun within three months
after the units are ava'dable for occupancy.
(3) The grant agreement may set forth in
detail other circumstances under which funds
may be deDbiigcted, and other sanctions may
be Impos~d.
(4) HUD may:
(i) Readvert:se the availability of funds that
have been deobiigated uneler this section In a
notice of funel availability under Ij 583.200, or
(ii) Award deobllgated funds to applications
previously submitted in response to the most
recently published notice of fund availabiiity,
and in accord::lnce with subpart C of this part.
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4/12/2011 Item 16.0.5.
">"-'~rh' Or '~,
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---'&411,0 (,~';" \,.(;~
u.s. Department of HousinA and Urban Dc\f(~lopmellt
OtUce of Community Planning and Development
909 SE First A "'cone
Miami, FL 33IJI
Gr,mt Kumber: FL0295B4D06 I 003
Project Name: FL-606 - REN - Shelter Transitional I lausing Renewal
Tatal Award Amaunt: $113,CXKJ
Campanent: TH
Recipient: Callier Caunty Baard af Caunty Cammissioners
Official Contxt Persan and Title: Fred W. Cay Ie, O,airmll1'l County Board of Comrnissioner>
Telephone Number: (239) 252-8097
Fax Number: (239) 774-3602
E-mail .Address:fredcovle@collier!!ov.net
ElNfTax ID Number: 59-6000558
DUNS Number: 076997790
Effective Date: 07/01/2011
Praject Locatian(s): Callier Cauntv
2010 SUPPORTIVE HOUSING PROGRAM
RENEWALGRANTAGREE~ffiNT
This Grant Agreement is made by and between the United States Depmtmem of HOllc;ing
and Urban Development (HCO) and the Recipient, which is described in section 1 of
Attachment A. attached hereto and made a part hereof.
The assistance which is the subject af this Grant Agreement is autharized 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 Ab'Tcement. This grant
agreemem will be gaverned hy the Act, the Supportive Housing rule codified at 24 CFR 583.
\vhich is attadlcd hereto and made a part hereof as Attachment B, and the Notice of Funding
Availability (NOFAJ. that was published iJ1two palLS. 'Il,e first pan was the Policy Requirements
and Geneml Section of the NOFA, which WiLS published June I 1.2010. at 75 FR 3.1.123, Jnd tile
second part was the Continuum of Care Homeless Assistance Programs section of the NOFA,
which is located at htln://\v\....\v.hlld.!!ov/officeshdmhl:rams/nofa I O/!!rncoc.cfm. The term
"Application" means the application submission on the basis of which BUD, including the
cenific:niolls and assurances and any infonnarion or do.:.'urnentation required (0 meet any grant
3v..'ard condilion...;;, on the ba.<:iis of which HUD approved a grant. The Application is incorporated
herein as pan of this Agreement, however, in the event of a contlict between any pan of the
Applicaticlfl and any part of t.he Gram Agre't':J11cm. the laner shall control. The Secretary u.grees.
su~jcct to t.he tenns of the Grdnt Agreement, to provide the gram funds in the amount spt:cified at
section .2 of Atiachrnem A for the approved project described in the application. The Recipiem
agrees, subjcct to the terms of the Grant Agreement, to use the b'Tant funds for eligible activities
during the tenn specified at section :I of Attachmcnr A.
~~v.1.\'.hal.e(N
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4/12/2011 Item 16.0.5.
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 agrccs to participate in a local Homeless Managcment Infonnation System
(HMIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities in
any unit assisted with grant funds.
Thc Recipient agrees to draw grant funds at least quarterly.
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 tbe Recipient or tbe project sponsor will or has financed this project
througb tbe use of the Low-Income Housing Tax Credit. Tbe Recipient or project
spomor shall be the general partner of a limited partnership fonned for that purpose. If
grant funds were used for acquisition, rehabilitation or constmction, then, througbout a
period oftwcnty years from tbe date of initial occupancy or the initial service provision,
the Recipient or project sponsor shall continue as general partner and shall ensure that the
projcct is operated in accordance with the rcquirements of this Grant Agreement, the
applicable regulations and statutes. Furtber, the said limited par1nership shall own the
project site throughout that twenty-year pcriod. 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 agrecment and any renewal thereof. Failure to
comply with the temlS of this paragraph shall constitute a default under the Grant
Agreement
A defcu1t shall consist of any use of grant funds for a purpose other than as authorized by
this Gr2nt Agrecment, failure in the Recipient's duty to provide the supportive housing for the
minimum term in accordance with the rcquirements ofthc Attachment A provisions,
noncompliance with the Act Dr Attachment B provisions, a11Y other material breach (,fthe Grant
Agrecmcnt, or misrepresentations in the application submissions which, ifknown by HUD, would
ha\'e resulted in this grant not being provided, L'pon cluC' notice to the Recipient of the occurrcnce
of any such default and the provision of a reasonable opportunity to respond. lIUD may take one
O[ 11101"2 of the follo\ving actions:
(a)
direct the Recipient to submit progress schedules for completing approved
:-:t>.:tlyjtics; or
(b)
issue a letter nfwarnlng adyising the Recipi-;:nt of the default, establishing a date by
which cDrrective actions 111USl he completed and putting the Recipient on notice that
mon.: s:::rious actions will be taken if the dcl~lUlt is not corrected or is repeated; or
Ic)
direct the Recipient 10 establish and maintain a management plan that assigns
responsibilities flJf carrying Ollt remedial actions; or
(d) direct the Recipient 10 suspend. discontinue or nut incur costs j~)r the affected
activity; or
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4/12/2011 Item 16.0.5.
(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 light or remedy or constitute a waiver or acquiescence in
any Recipient default.
The Grantee shall cOlnply with requirements established by the Office of Management and
Budget (OM B) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS),
the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use o.fUniversal
Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 201O)(to be
codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding
Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14,2010)
(to be codified at 2 CFR part 170).
This Grant Agreement constitutes the cntire agreement between the parties hcreto, and
may be amcnded only in writing executed by HUD and the Rccipient. Morc specifically, the
Recipient shall not change recipients, location, services, or population to be served nor shift more
than 10 percent of funds from one approvcd type of eligible activity to another without the prior
written approval ofI-IUD. The effective date of this Grant Agreement shall be the date of
execution by HUD, exccpt with prior written approval by HUD.
www.hud.gov
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4/12/2011 Item 16.0.5.
SIGNATURES
This Grant Agreemcnt is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary ofI-Iousing and Urban Development
By:
Signature and Date
Print name of signatory
Tille
RECIPIENT
Nm11e ofOrganizatiol1
By:
Authorized Signulurc and Dale
Print name of signatory
Til]~
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Packet Page -2035-
4/12/2011 Item 16.0.5.
ATTACHMENT A
I. The Recipient is Collier County Board of County Commissioners.
2. HUD's total fund obligation for this project is $113,000, which shall be allocated as follows:
a. Leasing $0
b. Supportive services $92,900
c. Operating costs $20,100
d. HMIS $0
e. Administration $0
3. Although this agreement will become effective only upon the execution hereof by both parties,
upon execution, the teml of this agreement shall run from the end of the Recipient's final operating
year under the original Grant Agreemcnt or, if the original Grant Agreement was amended to
extend its term, the tcon of this agreement shall run from the end of the extension of the original
Grant Agreement teon for a period of twelve (12) months. Eligible costs, as defined by the Act
and Attachment B, incurred between the end of Recipient's final operating year under the original
Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant.
www.hud.gov
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4/12/2011 Item 16.0.5.
("jiiiiF>
'-"-: . c"
S.j,..., C.C';~\'
l:$. Department of Housing and Urban Development
Offif..'t' of Communit), Planning and Development
909 ~"'E First A venue
Miami, FL 33131
Gmnt Number: FL0296B4D061003
Project Name: FL-606 - REN - Wolfe Apartments
Total Award Amount: $113.116
Component: PH
Recipient: Collier County Boord of County Commissioners
Official Cont"'t F\:=1 and Title: Fred W, Coyle, Chaim4111. County Boan:! of Commis"ioner;;
Telephone Number: (239) 252-8097
Fax Numher: (39) 774-3602
E~mnil Address: frl'dcovlc@collierf!o\',net
EINffax ID Number: 59-6000558
DUNS Number: 076997790
Hfecuve O:1,e: lO//I!:'O II
Project Locotion(s): Collier County
2010 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREE!\fENT
This Grant Agreement is made by and between the United States Department of I-lousing
nnd Urhan Dcvelopment (HL1D) Jnd the Recipient. which is descrihed in section I of
AnachmcrH A. attached hereto and made a part hereof.
Th:: assistance which is the subject of this Grant Agreement is authorized by the
f\'1cKinney- Vento Homclc.<.;s Assistance Act 42 U.S.C. I L~81 (hereafter "the ACl"). The term
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement \vill be govcll1Cd "by the Act, the Supportive Housing nile codified at 24 CFR 583,
\vhich is attached hereto ;}nd made n part here"-lf 3.':\ Attachment B, and th~ Notice of Funding
AVJ.ilahiliry (NOFA), th::lt was published in tv....o part.'.;. The' first pa!1 W~L\ the Policy Requirements
<:Uld GCl1er.J SectJOn of the NOF:\, whl('h W~L" published June] ]. 2UI 0, Jt 75 FR 33323. and the
~c(',(md p;:U1 W;lS th::.' Continuum or Care Hom:;:]ess Assist~HlCC Prot.-rrarns .',(:'ctiull of the NOFA,
\\'hleh is localed :lUltlp:/!\\'\.\'\v.bud,~o\'/officc:,;/adl11h:rJl1h/n()fa 1 O/~roc()c.('fm, The term
"Applicatiun" means :he Jp~llication submission on the basis of which I-IUD. including the
c(':nifi;~:a~inns and as:-;urarh.:t:S and ~U1y infonn3ti~)1l or docul1lcot:Jtion required to meet any gram
aw;u-d conJil.ions. on the ha\is of whidl HUD approved:1 gran!. The Applic.::ltion is incorporated
herein as p:Jrt of this .'\grcL'IilC'IlL hp\\'cH'r, in the event of a cnnllict h<~t\Vl'cn any part of the
A.ppliL'.:'i1inn and ;Iny pan of the (iran! Agrcement [he biter shall conlrol. The Sccrt'lary agrees,
.sul~jl-'Cl to tne tcnn" ofth(' Grant .';'grccm{'nt~ 10 prn\'ide the gr:111t funds ill the amount. specifil'd at
section :2 of Attachment A for the appnwl'd pr(~i:..~('t clcSi..:ribed in the application. The Recipient
':1!;,CC'< suhject tll [ht' {CrITh of Ill.:' (~r;lnt Agn.':cfl]cnC to u,-c :hc t;r,lIH funds for eligihlc .h.'livilics
dw'ing [11(' t'::Trn Spt'L'iClCd at sl'('lion.; of Att:lChmcnl A
~~~).!l.:I.~~__........J.?l!UI,Ullll~'
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4/12/2011 Item 16.0.5.
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.
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 finimced 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 Agreemcnt, the
applicable regulations and statutes. Further, thc 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 gral1t agreement and any renewal thereof. Failure to
comply with thc tcrnlS of this paragraph shall constitute a default lmder 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 ternl in accordance with the requirements of the Attachment A provisions,
noncompliance with the Act or Attachment B 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 sllch default and the provision of a reasonable opportunity to respond, HUD may take one
or more of the following actions:
(a)
direct the Rccipient to submit progress schedulcs for completing approved
activities; or
(b)
issue a letter of warning advising the Recip.ient 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 dct~1ult is not correctcd or is repeated; or
dircct the Recipient to establish and maintain a management plan that assigns
responsibilities for carrying out remedial actions; or
(c)
(d)
direct the Recipient to suspend, discontinue or not incur costs for the affected
activity; or
\vww.hud.goy
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4/12/2011 Item 16.0.5.
( e) reduce or recapture the grant; or
(1) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute Recipicnt 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 remcdy available to it under this
Grant Agreement shall impair any such right or rcmedy or constitute a waiver or acquiescence in
any Recipient default.
The Grantee shall comply with requircments establishcd by the Office of Managcment and
Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS),
the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appcndix A to Part 25 of the Financial Assistance Use of Universal
Identifier and Central Contractor Registration. 75 Fed. Reg. 55671 (Sept. 14,201 O)(to be
codified at 2 CFR pal1 25) and Appendix A to Part 170 of the Requirements fill' Federal Funding
Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14,2010)
(to be codified at 2 CFR part 170).
This Grant Agreement constitutcs the entire agreement between the parties hereto, and
may be 3mcndeel only in writing executed by I-IUD and the Recipient. More specifically, the
Rccipicnt shall not cbange rccipiems, location, services. or population to be scrved nor shift more
than 10 percent of funds from one approved type of eligible activity to another without the prior
writkn approval ofBL'D. The effective date of this Grant Agreement shall be tbe elate of
executiou by I-IUD, except with prior writkn approval by BUD.
www.hud.g-:::!v
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4/12/2011 Item 16.0.5.
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
Signature and Date
Print name of signatory
Title
RECIPIENT
Name of Organization
By:
Authorized Signature and Date
Print name of signatory
Title
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4/12/2011 Item 16.0.5.
ATTACHMENT A
I. The Recipient is Collier County Board of County Commissioners.
2. HUD's total fund obligation for this project is $113,116, which shall be allocated as follows:
a. Leasing SO
b. Supportive services S34,230
c. Operating costs $73,500
d. I-lMIS $0
e. Administration 55,386
3. Although this agreement will become effcctive only upon the execution hereof by both parties,
upon cxeeution, the term of this agrccment shall run from the end of the Recipient's final operating
year under the original Grant Agrcement or, if the original Grant Agrecment was amended to
extend its tcml, the term of this agreement shall run fromthc cnd ofthc extension of the original
Grant Agrccment tcrm for a period of twelve (12) months. Eligiblc costs, as defincd by the Act
and Attachment B, incurred betwcen the end of Recipient's tinal operating year under the original
Grant Agrecment. or cxtension thcreof, and the execution of this Rcncwal Grant Agreement may
be paid with funds from the first operating year of this Rcnc\val Grant.
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4/12/2011 Item 16.0.5.
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U.S. Department of Housing and Urban Development
Office or Community Planning and Development
909 SE First A venue
Miami. FL 33131
Grant Number: FL0294B4D06JOO3
Project Name: FL-606 - REN - IThllS Renewal
Total Award AmOlmt: $104.645
Component: HMIS
Recipient: Collier County Board of COlUlty Commissioners
Official Contact Person and Title: Fred W. Coyle. Chainnan,
County Board of Commissioners
Telephone Number: (239) 252-8097
Fax Number: (239) 252-6668
E-mail Address:FredCovle@colliemov.net
EINITax ill Number: 59-6000558
DUNS Nwnber: 076997790
Effective Date: 05/01/201 I
Project Location(s): Collier County
2010 SUPPORTIVE HOUSING PROGRAM
RENEWALGR.\Nf AGREE~1El';l
TIus Grant Agreement is made by and between the United States Department of HOlLsing
and Urban Development (HUD) and the Recipient. which is described in section] of
Attachment A. attached hereto and made a part hereof.
The assistance which is the subject of this Grant Agreement is authorized by the
McKirUJey-Vento Homeless Assistance Act 42 USe. ] 138] (hereafter "the Act"). The tcrm
"grant" or "grant funds" means the assistance provided under this Agreement. This grant
agreement will be governed by the Act. the Supportive Housing mle codificd at 24 CFR 583.
which is attached hereto and made a part hereof as Attachment B. and the Notice of Funding
Availability (NOFA), that was published in two parts. The first part was the Policy Requirements
and General Section of the NOFA, which W;LS published June 11. 20] O. at 75 FR 33323. and the
second part was the Continuum of Care Homeless Assistance Programs section of the NOF A.
which is located at http://www,hllCl.~o\'/offices/adm;':rants/nofa IO/~rpcoc,cfm. The tenIl
"Application" means the application submission on the basis of which HUD, including the
certifications and assurances and any information or doclImcl1lation required to mcet any grant
award conditions. on the basis of which HUD approved a gr,Ult. TIre Application is incorporated
herein as part of this Ai,,'Teernent, however, in the event of a conllict bctwccn any part of the
Application and any part of the Grant Agreement, the ,"tter shall control. The Secretary agrees.
subject to the tenns of the Grant Agreement. to provide the grant funds in the amOlmt specified at
section 2 of Attachment A for the approved project described in the application. The Recipient
agrees. suhject (0 the terms of the Grant Agreement. to use the grant funds for eligible activities
dwing the tenn specified at section 3 of Attachment A.
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4/12/2011 Item 16.0.5.
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.
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 ofthis Grant Agreement, the
applicable regulations and statutes. Further, the said limited partnership shall own the
project site throughout that twenty-year period. ] f grant funds were not uscd for
acquisition, rehabilitation or new construction, then the period shall not be twenty years,
but shall be for the term of the graIn agreement and any renewal thereof. Failure to
comply with the tcrms 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 the Attachment A provisions,
noncompliance with the Act or Attachment B provisions, any other material breach of the Grant
Agreement, or misrepresentations in the application submissions which, ifknown 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, I-lUD 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 ieuer ofwaming advising the Recipie!1l of the default, establishing a date by
which corrective actions must he 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)
dircct the Recipient to cstablish 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 affucled
activity: or
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4/12/2011 Item 16.0.5.
(e) reduce or recapture the grant; or
(I) direct the Recipient to reimburse the program accounts for costs inappropriately
charged to the program; or
(g) continue the grant with a substitute Recipient ofHUD'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.
The Grantee shall comply with requirements established by the Office of Management and
Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS),
the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and
Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal
Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be
codified at 2 CFR part 25) and Appendix A to Part 170 ofthe Requirementsfor Federal Funding
Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14,2010)
(to be codified at 2 CFR part ] 70).
TIlis 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 without the prior
written approval ofHlJD. The effeetive date of this Grant Agreement shall be the date of
execution by HUD, except with prior wTitten approval by HUD.
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4/12/2011 Item 16.0.5.
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
Signature and Date
Print name of signatory
Title
RECIPIENT
Name of Organization
By:
Authorized Signature and Date
Print nanle of signatory
Title
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"
4/12/2011 Item 16.0.5.
, .
ATTACHMENT A
I. The Recipient is Naples/Collier County CoCo
2. HUD's total fund obligation for this project is $104,645, which shall be allocated as follows:
a. Leasin g $0
b. Supportive services $0
c. Operating costs $0
d. HMIS $99,662
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 twelve (12) months. Eligible costs, as defined by the Act
and Attachment B, incurred between the end of Recipient's final operating year under the original
Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may
be paid with funds from the first operating year of this Renewal Grant.
ATTEST:
DWIGHT E, BROCK. Clerk
Approved as 10 form & legal SuHloienc;
8V: _
~o'\0~__.._____
Assistant County Attornm,
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