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HomeMy WebLinkAbout2009-116 1 2 3 4 5 6 RESOLUTION NO. 2009-116 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING AND APPROVING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO ("CITY") TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM ("HPRP") FUNDS 7 WHEREAS, the Mayor and Common Council of the City of San Bernardino ("Council") 8 recognizes the need to provide financial assistance and services to individuals and households who 9 are experiencing homelessness or are at serious risk of becoming homeless; and 10 WHEREAS, it is necessary for the Council to approve a substantial amendment 11 ("Substantial Amendment") to the City's 2008-2009 Annual Action Plan in order to submit an 12 application to the U.S. Department of Housing and Urban Development ("HUD") for 13 Homelessness Prevention and Rapid Re-Housing Program ("HPRP") Funds; and 14 WHEREAS, the Council recognizes the benefits to be derived from receiving HPRP Funds 15 from HUD in the amount of$1,455,066; and 16 WHEREAS, the HPRP Funds are made available by HUD to provide financial assistance 17 and services to prevent individuals and households from becoming homeless or assist those who 18 are experiencing homelessness to be re-housed and stabilized; and 19 WHEREAS, the City of San Bernardino ("City") is eligible to apply to HUD for such 20 HPRP Funds and to then makc such funds available to be administered by the Redevelopment 21 Agency of the City of San Bernardino ("Agency") as the intended sub-recipient of the application 22 of the City and administrator of the HPRP Funds. 23 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED BY 24 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 25 FOLLOWS: 26 Section 1. The Mayor and Common Council hereby finds and determines that the facts and 27 circumstances set forth in the Recitals hereof are true and correct in all respects. 28 P.lAgendas\Resolutions\Resolutions\2009\05-04.09 ARRA Act - Homelessness Prevention "'lee Reso.doc 2009-116 1 Section 2. The Mayor and Common Council hereby consents to the submittal of a 2 Substantial Amendment to the City's 2008-2009 Annual Action Plan and a HPRP Funds application 3 and hereby approves and authorizes the City Manager to execute and to submit the application on 4 behalf of the City together with such additional information from the Agency as the sub-recipient 5 and administrator of the HPRP Funds for the use and administration by the Agency of the HPRP 6 Funds to provide financial assistance and services to individuals and households who are 7 experiencing homelessness or are at serious risk of becoming homeless. 8 Section 3. This Resolution shall take effect upon its adoption and execution in the manner 9 as required by the City Charter. 10 /1/ 11 /II 12 /II 13 /II 14 /II 15 /II 16 /1/ 17 /II 18 /1/ 19 /1/ 20 /1/ 21 /1/ 22 /1/ 23 /1/ 24 /II 25 /1/ 26 /II 27 /II 28 //1 2 P\Agendas\Resolutions\Resolutions\2009\05-04-09 ARRA Act -Ilomelessncss Prevention "ICe Reso.doc 1 2 3 4 5 2009-116 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO CONSENTING AND APPROVING THE CITY MANAGER OF THE CITY OF SAN BERNARDINO ("CITY") TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ("HUD") FOR HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM ("HPRP") FUNDS I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a ioint regular meeting 7 thereof, held on the 4th day of May 8 Council Members: Aves Navs 9 ESTRADA ---1L 10 BAXTER -----X..- 11 BRINKER x 12 SHORETT x - 13 KELLEY x 14 JOHNSON ---1L 15 MC CAMMACK -----X..- 16 17 18 ,2009, by the following vote to wit: Abstain Absent (]~ 11. ~ Rachel G. Clark, City Clerk 19 The foregoing Resolution is hereby approved this 5rY day of 20 21 22 May ,2009. 23 Approved as to Form: 24 By: 25 26 27 28 . e.....- ames F. Penman, City Attorney 3 P:\Agendas"Resolutions\Resohltions\2009\05-04-09 ARRA Act -llomclessness Prevention MCe ResQ,doc 2009-116 San Bernar f'no 8M CITY OF SAN BERNARDINO 2008-2009 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENT MAY 4, 2009 Prepared by: Economic Development Agency of the City of San Bernardino Emil A. Marzullo Interim Executive Director 2009-116 . City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program City of San Bernardino 2008-2009 Annual Action Plan Substantial Amendment Homelessness Prevention and Rapid Re-Housing Program TABLE OF CONTENTS Introd uction ........... ........................................................ .................................................... 1 General Information ......................................................................................................... 2 Citizen Participation and Public Comment.................................................................... 3 Distribution and Administration of Funds ..................................................................... 4 Co llabo ration .................... .............. ........................ ............................................. ......... ..... 6 Estimated Budget Summary ............................................................................................ 7 Authorized Signature........................................................................................................9 Appendix A: Public Notice ............................................................................................10 Appendix B: SF-424.......................................................................................................13 Appendix C: Certifications............................................................................................ 20 Appendix D: HUD HPRP Notice .................................................................................. 26 --~~----'.~--'- - " Introduction 2009-1t6 City of San Bernardino 2008-2009 Annual Action Plan Substantial Amendment Homelessness Prevention and Rapid Re-Housing Program Introduction The City of San Bernardino (City) is one of Southern California's most historic and most rapidly changing communities. The City was incorporated in 1854. Now, the City's 202,000 residents make it the second largest municipality east of Los Angeles and 18th largest in California. Despite continuing growth and improvement, the recent nationwide economic downturn has negatively affected the City and its residents. Federal assistance is needed to prevent increased homelessness and to re-house those who have become homeless in the City of San Bernardino. In February 2009, Congress passed an historic $800 billion economic recovery-funding package that included $1.5 billion for homelessness prevention and re-housing. On March 19, 2009, The U.S. Department of Housing and Urban Development (HUD) released guidelines for this funding under the new Homeless Prevention and Rapid Re-Housing Program (HPRP). See Appendix C: HUD HPRP Notice. HUD has allocated HPRP funds among states, counties and cities nationwide. To apply for HPRP funds, local governments must amend their current annual action plans to add this new grant to their existing allocations of Community Development Block Grant (CDBG), HOME Investment Partnerships Act (HOME) and Emergency Shelter Grant (ESG) funds. This Substantial Amendment, including the SF-424 form contained in Appendix A, and the Certifications in Appendix B, constitutes the City of San Bernardino's application to HUD for its $1,455,066 allocation of HPRP grant funds. Under the City's Citizen Participation Plan, the public has an opportunity to review and comment on the City's proposed use of the new grant. The deadline for submittal is May 18,2009. In accordance with federal regulations, the City of San Bernardino developed a five-year Consolidated Plan covering fiscal years 2005-2006 through 2009-2010. Each year during this five-year period, HUD awards CDBG; HOME, and ESG entitlement grants to the City through approved annual action plans. The 2008-2009 Annual Action Plan is the City's current plan for receiving and utilizing these entitlement grants. The Economic Development Agency (EDA) is the lead agency responsible for submitting annual action plans, and will be the lead agency for administering the City's HPRP funding. The Substantial Amendment is provided on the required HUD-40119 form as follows: 2009-116 .0 !II H City olSon Bernardino 2008-2009 Amendment to the One- Year Action Plan Homeless Prevention and Rapid Re-Housing Program General Information Substantial Amendment to the Consolidated Plan 2008 Action Plan for the Homelessness Prevention and Rapid Re-Honsing Program (HPRP) Grantees eligible to receive funds under the Homelessness Prevention and Rapid Re- Housing Program (HPRP) are required to complete a substantial amendment to their Consolidated Plan 2008 Action Plan. This form sets forth the required format for this substantial amendment. A completed form is due to HUD within 60 days of the publication of the HUD HPRP notice. To aid grantees in meeting this submission deadline, the HPRP Notice reduces the requirement for a 30-day public comment period to no less than 12 calendar days for this substantial amendment. With this exception, HPRP grantees are required to follow their Consolidated Plan's citizen participation process, including consultation with the Continuum of Care (CoC) in the appropriate jurisdiction(s). Grantees are also required to coordinate HPRP activities with the CoC's strategies for homeless prevention and ending homelessness. To maximize transparency, HUD strongly recommends that each grantee post its substantial amendment materials on the grantee's official website as the materials are developed. A complete submission contains the following three documents: I) A signed and dated SF-424, 2) A completed form HUD-401l9 (this form), and 3) Signed and dated General Consolidated Plan and HPRP certifications. For additional information regarding the HPRP program, visit the HUD Homelessness Resource Exchange (www.hudhre.info).This site will be regularly updated to include HPRP resources developed by HUD and its technical assistance providers. The infonnation collection requirements contained in this application have been submitted to the Office of Management and Budget (OMB) for review under the Paperwork Reduction Act of 1995 (44 U.S.c. 3501-3520). This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. Information is submitted in accordance with the regulatory authority contained in each program rule. The information will be used to rate applications. determine eligibility, and establish grant amounts. Public reporting burden for this collection of infonnation is estimated to be 16 hours, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This infonnation is required to obtain benefits. To the extent that any infonnation collected is of a confidential nature, there will be compliance with Privacy Act requirements. However, the substantial amendment to the Consolidated Plan 2008 Action Plan does not request the submission of such information. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.c. 1001, 1010, 1012; 31 USe. 3729, 3802) 2 2009-1 t6 . City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program Grantee Name City of San Bernardino Name of Entity or Department Economic Development Agency Administering Funds HPRP Contact Person Lisa A. Connor (person to answer questions about this amendment and HPRP) Title Assistant Proj ect Manager Address Line 1 201 North "E" Street Address Line 2 Suite 30 I City, State, Zip Code San Bernardino, CA 92401 Telephone (909) 663-1044 Fax (909) 888-9413 Email Address lconnor@sbrda.org Authorized Official (if different from Contact Person) Patrick J. Morris Title Mayor, City of San Bernardino Address Line 1 300 N. "D" Street Address Line 2 City, State, Zip Code San Bernardino, CA 92418 Telephone (909) 384-5133 Fax (909) 384-5067 Email Address morris --pa@sbcity.org Web Address where this Form is Posted http://www.sbrda.org Amount Grantee is Eligible to Receive* Amount Grantee is Requesting $ 1,455,066 $ 1,455,066 * Amounts are available at http://www.hud.gov/recoverv/homelesspreventrecov.xls Citizen Pal.ticipation and Public Commcnt 1. Briefly describe how the grantee followed its citizen participation plan regarding this proposed substantial amendment (limit 250 words). 3 2009-t16 II City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program Response: In accordance with its Citizen Participation Plan, as published in its 2008-2009 Annual Action Plan, the City conducted the following activities to substantially amend the Plan: . Published a public notice on April 13, 2009, and April 20, 2009, announcing a pnblic hearing to review the proposed substantial amendment. . Invited public comment before and during the public hearing. . Conducted a public hearing before the Mayor and Common Council on May 4, 2009. . Received staff's presentation of the proposed substantial amendment. . Received public comments and testimony, and obtained approval to add the new HPRP grant to the list of grant sources and uses offunds contained in the City's 2008-2009 Annual Action Plan. 2. Provide the appropriate response regarding this substantial amendment by checking one ofthe following options: iii Grantee did not receive public comments. o Grantee received and accepted all public comments. o Grantee received public comments and did not accept one or more of the comments. 3. Provide a summary of the public comments regarding this substantial amendment. Include a surrunary of any comments or views not accepted and the reasons for non-acceptance. Response: No public comments received to date. Distribution and Administration of Funds Reminder: The HPRP grant will be made by means of a grant agreement executed by HUD and the grantee. The three-year deadline to expend funds begins when HUD signs the grant agreement. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after grant agreement. 4 2009-116 II City of San Bernardino 2008-2009 Amendment to the One- Year Action Plan Homeless PrlNention and Rapid Re-Housing Program 1. Check the process(es) that the grantee plans to use to select subgrantees. Note that a subgrantee is defined as the organization to which the grantee provides HPRP funds. It! Competitive Process D Formula Allocation It! Other (Specify: Specific activities described in the Substantial Amendment) 2. Briefly describe the process(es) indicated in question I above (limit 250 words). Response: This Substantial Amendment will allocate specific portions of the City's HPRP funds to non-profit homeless providers serving the City of San Bernardino. Selected non-profit homeless providers will be tasked with providing case management services and will carry out homeless prevention services. Additional services, as needed, will be obtained through a Request for Proposals competitive process. 3. Briefly describe the process the grantee plans to use, once HUD signs the grant agreement, to allocate funds available to subgrantees by September 30, 2009, as required by the HPRP Notice (limit 250 words). Response: A Request for Proposal (RFP) for HPRP program services will be presented to the Mayor and Common Council for release approval. Once the RFP is approved for release to the public, the RFP will be advertised in local newspapers, mailings and posted on the EDA's web site. The advertisement will contain the requirements of the HPRP grant, and a description of services being sought by the City. EDA staff may hold a proposal conference to further explain City and HPRP contract requirements. EDA staff will accept questions from the public via e-mail or in writing regarding all proposal requirements. Questions submitted prior to a predetermined deadline will be posted on the EDA's website prior to the RFP submission deadline. In addition, the RFP will include a deadline for proposal submission, to allow adeqnate time for a comprehensive review of all proposals prior to awarding contracts. Acceptable RFP responses, received prior to or on the deadline, will be reviewed by EDA staff. EDA staff involved in the selection process shall not have a relationship with a person or bnsiness entity seeking a contract. 5 2009-1 t6 II City of San Bernardino 2008-2009 Amendment to the One- Year Action Plan Homeless Prevention and Rapid Re-Housing Program Awarding of HPRP sub grants will be based on reviews completed by EDA staff to select proposals that best meet the needs of the City's residents. Once the successful proposals are identified, EDA staff will develop contracts with the agencies who submitted the successful proposals. All contracts will contain HPRP requirements along with standard City requirements. All prospective contracts will be reviewed by City Legal Counsel prior to submission to the Mayor and Common Council for final approval. 4. Describe the grantee's plan for ensuring the effective and timely use ofHPRP grant funds on eligible activities, as outlined in the HPRP Notice. Include a description of how the grantee plans to oversee and monitor the administration and use of its own HPRP funds, as well as those used by its subgrantees (limit 500 words). Response: The City will directly contract with selected non-profit service providers. Each contract will specify a scope of service, a budget, performance benchmarks and goals, and will specify coordination procedures and reporting requirements. The City will reimburse only the claimed costs that are allowable nnder the contract. The City will conduct annual siteloffice monitoring visits in addition to desk audits to assure that HPRP funds are being used appropriately and efficiently. Collabol'ation 1. Briefly describe how the grantee plans to collaborate with the local agencies that can serve similar target populations, which received funds under the American Recovery and Reinvestment Act of2009 from other Federal agencies, including the U.S. Departments of Education, Health and Human Services, Homeland Security, and Labor (limit 250 words). Response: The City of San Bernardino participates with other neighboring cities and unincorporated areas through the County of San Bernardino, Office of Homeless Services (OHS). This office is the designated administrative authority over the County's Continuum of Care (CoC) System. The City will coordinate its procurement of HPRP services with OHS, to avoid duplication and to ensure that only the highest priority needs are met. Additionally, the City will interface with other County departments administering other funds from state and federal agencies, through the County's Children's Policy 6 -_.,-~~-~-.~.~---~_.._--_.--- - - ------ n ___~_____.____.__. - -"-------- --- -----I----.,-,-T,--,,----~ Estimated Budget Summary 2009-116 II City afSan Bernardino 2008-2009 Amendment to the One- Year Action Pian Homeless Prevention and Rapid Re-Housing Program Council. This council includes representatives responsible for the use of TANF, CDBG, HOME, ESG federal funds, as well as a host of other funding sources for homelessness including Proposition 64. 2. Briefly describe how the grantee plans to collaborate with appropriate Continuum(s) of Care and mainstream resources regarding HPRP activities (limit 250 words). Response: The City will require its sub recipients to coordinate with and report their homeless services data to the County's OHS through the County's Homeless Management Information System (HMIS). The City will provide a portion of its HPRP funds to reimburse the County for its HMIS data collection and reporting costs. The City will use HMIS reports to complete its reporting requirements to HUD, as well as assess the effectiveness of its HPRP subrecipients. 3. Briefly describe how HPRP grant funds for financial assistance and housing relocation/stabilization services will be used in a manner that is consistent with the grantee's Consolidated Plan (limit 250 words). Response: . The City's Consolidated Plan, as updated for 2008-2009, places a high priority on actions to assist homeless and special needs persons with housing and supportive services. This is in conjunction with other related priorities for preserving existing dwellings, expanding home ownership opportunities, providing rental assistance, and preserving existing affordable rental housing in the City. The City will target its HPRP funds toward households needing services beyond the scope of the City's HOME and ESG fnnds available. Further, the City will use its HPRP funds to transition the emphasis on homeless shelters to permanent housing, as the primary solution to homelessness. Estimated Budgct Summaf) HUD requires the grantee to complete the following table so that participants in the citizen participation process may see the grantee's preliminary estimated amounts for various HPRP activities. Enter the estimated budget amounts for each activity in the appropriate 7 2009-tt6 . City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program column and row. The grantee reporting. will be required to report actual amounts in subsequent HPRP Estimated Budget Summary Homelessness Rapid Re- Total Amount Prevention housing Budgeted Financial Assistance! $ 411,694 $ 343,078 $ 754,772 Housing Relocation and $ 205,847 $ 411,694 $ 617,541 Stabilization Services2 Subtotal $ 617,541 $ 754,772 $ 1,372,313 (add previous two rows) Data Collection and Evaluation3 $ 10,000 Administration (up to 5% of allocation) $ 72,753 Total HPRP Amount Budgeted4 $ 1,455,066 IFinancial assistance includes the following activities as detailed in the HPRP Notice: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel or hotel vouchers. 2Housing relocation and stabilization services include the following activities as detailed in the HPRP Notice: case management, outreach, housing search and placement, legal services, mediation, and credit repair. 3Data collection and evalu~tion includes costs associated with operating HUD-approved homeless management information systems for purposes of collecting unduplicated counts of homeless persons and analyzing patterns of use of HPRP funds. 4This amount must match the amount entered in the cell on the table in Section A titled "Amount Grantee is Requesting." Pre-Award Costs The City may incur pre-award costs in accordance with OMB Circular A-87, Attachment B, paragraph 31 (24 CFR part 225, Appendix B, paragraph 31). Permissible costs incurred as of March 19, 2009 include items, but not limited to, staff costs for preparing the substantial amendment and publication, other costs related to the public comment process, or costs related to participation in HUD-sponsored HPRP training. 8 2009-lt6 . City olSan Bernardino 2008-2009 Amendment to the One- Year Action Plan Homeless Prevention and Rapid Re-Housing Program Authorizcd Signaturc By signing this application, I certify (1) to the statements contained in the list of certifications and (2) that the statements herein are true, complete, and accurate to the best of my knowledge. I also provide the required assurances and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 100 I) ~r-----..~ Si atur Authorized 01ncial rd:~7 Mavor. Citv of San Bernardino Title 9 2009-116 . City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program Appendix A: Public Notice 10 2009-116 SAN BERNARDINO COUNTY SUN 4030 N GEORGIA BLVD, SAN BERNARDINO, CA 92407 Telephone (909) 889"9666 I Fax (909) 885"1253 Lisa Connor ECONOMIC DEVELOPMENT AGENCY-CI 201 NORTH E ST #301 SAN BERNARDINO, CA - 92401 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of SAN BERNARDINO ) S5 Notice Type: GPNSB. GOVERNMENT PUBLIC NOTICE.SB Ad Description: HPRP Sub Amendment I am a citizen of the United States and a resident of the State of California; J am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher oftha SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO. and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/20/1952, Case No. 73084. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 04/13/2009.04/20/2009 Executed on: 04/24/2009 At Los Angeles, California certify (or declare) under penalty of pedury that the foregoing is true and correct. f\jJJJJvV ------- Signature This space far filing stamp only SBS #: 1566783 PUBLIC NOTICE CITYOF SAN BERNARDINO A PUBLIC HEARING FOR A PROPOSED SUBSTANTIAL AMENDMENT TO THE 2005-2010 CONSOLIDATED PLAN AND 2008- 2009 ACTION PLAN Notice is herebv given that the Mavor and Common Council will hold a public hearing on Mondav, Mav 4, 2009 at 4:30 p.m., or shortlv thereafter, in the City Council Chambers located at 300 North "0" Street in the Citv of San Bernardino. The purpose of this public hearing is to allow for public comment/discussion regarding a proposed substantial amendment to the Citv's 2005~2010 Consolidated Plan and 2008.2009 Action Plans (Plan). The u.S. Department of Housing and Urban Development (HUD) has announced availabilitv of new grant funds under the American Recovery and Reinvestment Act of 2009. HUD is allowing the City to quickly apply for the new funds by amending its current Consolidated Plan and Annual Action Plan. The proposed substantial amendment will odd information about the new grant and proposed use of the grant funds. The City proposes to undertake the following programS/activities: Homelessness Prevention and Rapid Re-Houslnq Proqram The City expects to receive an allocation of $1,455,066 in Homelessness Prevention and Rapid Re-Housing Program (HPRP) funds from HUD. The purpose of the HPRP Program is to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. The City plans to sub grant HPRP funds to local non-profit service providers, who in turn, will provide specified services to eligible clients. The City may use UP to five percent (5%) of the grant to pay administrative expenses. AHEPA National Housinq Corporation AHEpA National Housing Corporation!AHEPA Local Arrowhead 302 Chapter allocation of $60,000 in Federal HOME Partnership Act Funds to complete the 90 unit Senior Housing Project located at 377 East Gilbert Street. The Five-Year Consolidated plan is a strategic vision for housing and community development activities that the City wishes to undertake to improve its housing and infrastructures, particularly to benefit low and moderate-income households. Comments will be incorporated into 111111111111111111111111111111111111111111111111111111111111111111111111111 *A000001109960* 2009-116 the Consolidated/Annual Action Plans amendment, as appropriate. This notice is published in compliance with the City's approved Citizen Participation Plan, HOME and HPRP regulations under 24 CFR 91.105 and 24 CFR 91.500. Any interested citizen wishing to comment on the proposed amendment to the Five-Year Consolidated/Annual Action Pion may do so by providing written comments UP until 4:30 p.m., on May 1, 2009 to: Economic Development Agency, 201 North "E" Street, Suite 301, San Bernardino, California 92401 i or by presenting oral comments at the Mayor and Common Council meeting announced above. For more information, call (909) 663-1044. 4/13,4/20109 565-1566783# 2009-116 . City of San Bernardino 2008-2009 Amendment to the One- Year Action Plan Homeless Prevention and Rapid Re-Housing Program Appendix B: SF-424 13 2009-116 OMS Number: 4040-0004 Expiration Date: 01131/2009 Application for Federal Assistance SF-424 Version 02 "1. Type of Submission: "2. Type of Application . If Revision, select appropriate letter(s) 0 Preapplication [8J New [8J Application 0 Continuation "Other (Specify) 0 Changed/Corrected Application o Revision 3. Date Received: 4. Appiicantldentifier: May 18, 2009 063180 Sa. Federal Entity Identifier: "Sb. Federal Award Identifier: State Use Only: 6. Date Received by State: I 7. State Application Identifier: 8. APPLICANT INFORMATION: "a. Legal Name: City of San Bernardino "b. EmployerfTaxpayer Identification Number (EINfTlN): "c. Organizational DUNS: 95-6000772 121146302 d. Address: "Street 1: 201 North "E" Street Street 2: Suite301 .City: San Bernardino County: San Bernardino "State: CA Province: "Country: USA "Zip / Postal Code 92401 e. Organizational Unit: Department Name: Division Name: Redevelopment Agency f. Name and contact information of person to be contacted on matters involving this application: Prefix: Ms. *First Name: Lisa Middle Name: A. *Last Name: Connor Suffix: Title: Assistant Project Manager Organizational Affiliation: "Telephone Number: (909) 663-1044 Fax Number: (909) 888-9413 "Email: Iconnor@sbrda.org 2009-116 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 '9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: 'Other (Specify) "10 Name of Federal Agency: U. S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14-257 CFDA Title: Homeless Prevention and Rapid Re-Housina Proaram (HPRP) '12 Funding Opportunity Number: 'Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): City of San Bernardino '15. Descriptive Title of Applicant's Project: Financial assistance, housing relocation and stabilization services, data collection and evaluation, administrative costs to prevent individuais and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. All activities are HPRP eligible. Estimated $1,455,066 in new funding. 7009-11fi OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 16. Congressional Districts Of: "a. Applicant: CA-043 "b. Program/Project: CA-041 & CA-043 17. Proposed Project: "a. Start Date: 9-1-09 "b. End Date: 8-31-12 18. Estimated Funding ($): "a. Federal $1,455,066 "b. Applicant "c. State "d. Local "e. Other "f. Program Income "g. TOTAL $1,455,066 "19. Is Application Subject to Review By State Under Executive Order 12372 Process? D a. This application was made available to the State under the Executive Order 12372 Process for review on _ D b. Program is subject to E.O. 12372 but has not been selected by the State for review. I2l c. Program is not covered by E. O. 12372 "20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) D Yes I2l No 21. "By signing this application, I certify (1) to the statements contained in the list of certifications" and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"' and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) I2l .. I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: Mr. *First Name: Patrick Middle Name: J. "Last Name: Morris Suffix: "Title: Mayor, City of San Bernardino "Telephone Number: (909) 384-5133 I Fax Number: (909) 384-5067 "Email: morris_pa@sbcity.org "Signature of Authorized Representa~ ~ ~ - ---- I "Date Signed: slrl #'J ""'-" '-'- \. ) -- Authorized for Local Reproduction Standard Form 424 (Revised 1012005) Prescribed by OMB Circular A-102 2009-116 OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF-424 Version 02 "Applicant Federal Debt Delinquency Explanation The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. 2009-116 INSTRUCTIONS FOil THE SF-424 ?..;blic repcrting burden fc!this Ci"ec~icn ofinf.o:na:ion IS esfmated to average ec rr-nute-:5l=E!r :"ti'ipC-:"I2e, inoluding r.."e f,;,..re...~ew'~[;I',;s~ru:t.ions, s.;:;.rcl1'..g 'ixlsiing d~ SDIJrc@s, gat'isiina .i:.'1d maintaining the d3~a :l=-t!ed, ana c::>r1:::,'i-ting and rE:,.o';-l'.fng t:'1:e co_"ecfc, o~ infurmiafo... Send CO'11me:nts reaarding t" e C'.. rden li's':iru.:e or a:ny <of..~r ilipect or this co lection cf inrolT1a~ionc i:"1cl'Jdin-;: sl.!ggesfcn:s, fer reducil1g :hfs t:J~d"e:n. to the Ctke of Managemen! and" Budg-:1 Papen\'Vrk Re<J'-1..l ction Project {:JS48-CC~:n Wa:shing~Dn, DC 2C:Gl PLEASE 00 NOT RETURN YOUR COMPLETED FORM TO THE OFFtCE OF MANAGEMENT AND BUDGET. SEND ITTO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. 7b:s is I st:u:.dard fo:m (in.:::hdi:J.;:be ':o:J:titrJ2iD.OD. !:l:.eet) rel:;;U::r~d fa:;" me as a (<t,\'!! :heet for SUb::ni5S;OD. ofp=&ppli'!.-r~oIlS 3::::Ld i!ppr~':::i!D.OI:.5 J.:1d, xmted iof~.~tic-c m:df.r di;c:e-:t:o::1Zr)' p=o~raJD.s. S.;:.m! of:he i:an; are r~tirE-f &.I:.d ~owe- m o:pnonal a-:- t1:.1 discn-tiOIl offle 3ppDCa::::Lt or the F e-dera1 a~e:.c.y (I gmcy). R'i!q'.1irtd items ale ide:OtL":e:i V.iT.h 2.D. astErisk till 6~ form Wd3;i: spe..:::jfi.gd in fle i:1.s1n:cticm: l::~!o';\t. r::::L 3dditioIl. ttI tl:;! ;DStrll.,:t::ODS iPIol.id~d 'bilow, app!.it:au[s ~llit COllStUt aga::cy i::::L.:"1r\:ctlam ~ dl!:t!min~ spECific r~qil.im:::1~::::L~, l~eM Enb.. to" "":IV: 1. Type of Submission: (~equ -:"~~;: Select one type of s~/::.'TIiss -,:." in 10. Name Of Federal Agency: (Requlred~ Ent~r the i: aM-=-of the a.:;:.:ordance wi':h a,g.s:o::.! -'!strucdons. Federar agencyf'on ~"/'l-ch assistaMe.s being requested with . ?r;.;p.p!iC:3~icn this app[j~tion_ . App iCJ~ion . Ch3nged.rCorre~ed P.pplicafo"! -lfrei:jues~ed by the a.gin::.)', ct,e.:::-< 11. Catarog Of Federal Domestic Assistance Numberffitle: if:his subrrission -s to C:'lanae e,rcorrect a pe-'\fo...:sly submited En~enhe Ca,talcg e4' i=edera DOF,1e$t".:::- ;"s5istan,~ r.ur"'':::-i-r ..rlC app. ..:::a:ion. !..;rlles5 Tequesteo' b,. theags:ncy. a;.;.I1::a"':5 mai' no~ trtle of the p:"ogralTi un.::-,;.' whic,,: ass.s:.ioca- is req;;~sted, as use :his ~o submit changes aft~r the desing dat-:-. f::>und !n the ~'r:.gram 1.."l:J'unc:ne:'l1. if a;.;. ::ab"-t. 2. Type of Applieaffon: l:R.e-::tuired) Select ,one 1)'pe c,f applicatie,", in 12_ Funding: Opportunity NumberlTitle: ~eq~ ".;.d:t ::,..ter f":.-= a:cordance wi~h ag_-=-ncyC.,s~ruc:ions. Funding Oppcr.unityN;,'f'lbe- and file ~fi,:= cppo~uni::t' uncle' " New - An S,t-p1i~_'icn f";;1 is being ~'i::r1i:l.i'::: to a1 age:",:::}' 'or :he whi::i: assisb"1.:::e is requH~ed. as found in :he prDgram firsi,iml? annc"; n.:::e,"en~. . Confouat".:."1 - An e'lC~i:ns"::>n for an acdffe'''1,JJ fL:!nding.'budgQ~ ~i-rb:::l 13. Competition Identification Numberffitfe: ~1ert"= f:)r.l! prc.:.:t with a pr-ojec1ed OC'Mp~~;cn date. :'(5 c-a-, include Corrt~ti:ion Iden1ific-a:ion NIJ'-1lber and ti:le c-fthe c,:npe:ition re"=.',als. undoE" whic"1 3Ss";t;;.n::>i is req'..i-5~ed, if apt, .:ab 5-. . Revslen -Anyc:>:an;e :'" :he Fede.~a: Gcvemment's f"1:in:: J. ebg,;;te.. Dr ,c:-:inge..t iabilit)' fro_" an exis.:ing obEga:ion.f a ~'~is'c'n, enter the appropria:e eter(s). Moref"a, c:ni-lTay be 14. Areas Affected By Proje-c.t: Ust the areas or e11:itie5 using selected. If "C:hei' is seJecte,::, ;:-Ie::.s: spec-fol in t:->:t bex ~'rou"'~i-d. A. fncre;,s-= Award 3. D-i-::rease P...~a"c the ca~eaDries ~e-.g., ,:i':ies, :c'..:."'lies. stJ~es. etc.) 5~ec1ied In c. lncreas-3' Duratcn D_ Decre:iisi ClirJt on age.....:.,. inst"..dons. Use~he .:::c-..:inlJ~~ion 'S";,:t10 en:e-r E. O:her ('0"';"1: add :ional areas, irnee,i:c. ,. Da'te Receoive-d: L.;,a-.,,-e t"i5 f,;,: I:l!a"~ H,is date 'lliIl be 3_ssi,gned by t"5- 15_ Descrjptive Titlecf Applicant's Proie-ct:~eq;-'id) =,"~er a Fed~'"i: ag-p,::,.. briefcEEcripti1le t:le oft".: prc;i-:t. f apprcvi::.te, ita.:::-'" a m.ap she'fling project loc:rUcn (e g., ,::onw.,j,::tiorl ,:,' rea 4. AppliC-3.nt Identifier: Erlt-=: the ~.nti:y identif i,- ass-g"e::l ity the FE~e~1 prc,t~,'t,. p~.:,je:'~s~l. Fer prea,:,_t' ta:ions, <leach a s'..nmarJ aae-ncyifa,y e,~ aptrl.::ant's o:<,~1rc1 nurrbe-r. if ap,':::' ':::Jb~. desc' t,tie"1 of ttle ;::..ojeC"... 53 Fede-ralEntity Identifier: :nte. ttie r:-;l1l::er ass[g,"~,::::l ~o your 1e_ Congr@ssionaIDistrictsOf:I:Required; 16a. :n~erthe c-rganizatio.. b,' ::he Fed~_.31 Ag-:-,',:::-l', if an}'. app,:an:'s Corigressi,:,"::llJis~rict a..d let.. =:r,te,r all D':;:ri::~(s:' St>. F@deral Aw.ud Idtmtifif-r~ For ~!W -"pplicat':'"15 leave bla_":":. ::,::>r a: a'fe,::t~d cy:he,progrJm crpr..:..=:::. Ent~in f"efortT,at 2- cc:n:inua:ion c,r r.s-..'ision :0 an EY.is1in~; aw;;,rd, en:er the pre'o'iou!S- y chiSirJcten E~3~e Abbre'.[J.tc"! - S chara.cts,!S Oist.',::: ~~ulT':i!;r, a.ssigned F~::i-ral a'Nard iden~!f-::'" nU:'lher. f 3 :ha.":'l ~::!:"correctec e a.. CA.-C,::. forCatiil"::>mia 5'1' dist...::t. CA':":,~2 fClr Ca fornia 12'11 ~pplicl'ticn, e-"ter t":- Federal I::::r,tiier irl a::c-:,r:l;;;nce wit" age:"!::y dist'"..::t, NC-103 f,:, r\ort'1 Carolina's ~ ':SFl c s~ri:::'L ns~ructicns. " I~a congress',:-.-,:!I dist'.,;:ts in a s1a~e J."e aff~:::ed, en~er 5. Dat@ Received by Statf':Leii'ietrlis feld it- ank. This d::;~e i'"i be 'all" fcrf'1: dist"-:t number, e.g., MD'311 f.:.' all 35sianed bv Me S~a~e, ifacclicabre ::.,~.,;:;re!:sional districts in Mary arid. 7. State AppUc.ation Identifier: Le3'o'e :his field blank. r'-s -de-ntiier .... . 1:1'!;;,ticn,...,ide. .l!!!.31 disiricbi 1I.ri~rJn 311 sb~es a'e a~,=t~::!, be ass. gned t.y t'i-:- 3':at:. if applicable. ent~T L S-a!! . I"" :he programJ~,~olec1 5 outside- th~ US, ent~J C':,""~:ID. 8. Ap-pUeantlnformation: =.-rtert,efollowina'"" 3C':::c".;,~rl::E \'\"th agency n5~ruc:icnSi: a. legal Name: (~eq'.llre.-='): Em-:-:" the .;gal r:-ane of ap;;' .::an: ~ha': will 17. Proposed Project Start and End Oates: {R~ uired: E-rit-:;- tr-i~ ';,lrloer'Uke ['1e 3.iS"s~anc: act.\Jity. Ttlis is :he ran=thatt..~ crQ1"1iza::ion prc;:-=,sed s:art dl:e and eml o3.te oftt:e p.po:e::~. 1'1:",S reg;s1e:"~' wit',! the ':::en:ral Ccn':ractc:r R.s-gi5:r'i. !n':-C1rrratic.. on re"is-:erinn \\;~h CCR m-,," be obtiined b" v sitin!'l >he Gran:s,!'Io.... website. b. Ernploy+rlTaxpay@rNumber{EINITIN): (Required): E~tert-': :r1p.:.yer ,or Taxp3,':-r den:ificaf,:.n l\-ulT'ber,:::I~' o~ TII\:I J5 Assigned b:,' lB. Estim3~d fu nding: ~Requir.:-c:, En~er the arr..:nmt requasted tile I."'~ema Reue",;~ Se"oIice, If ,'our opgOlniz:itic'l is nei "! :t.e US e"~er or to be- ec~~ribu~ed during the f .'S~ fundfng.'budge-1 ;:criod t)i' 44-4444~44 , each ccn~ribu:or. Va!IJe o~ in-kind ~"!'iib'.l:ions should be c. Organizationaf DUNS: (?!'quired) Err.~r':heorg3njzaforts DUr-..'S C" included on J.ppropria:e -n'!!:".n apprcable. ftfti-3.cf,:'''wiil ~:)~iN3t4l'1lJncs-' re.:ei'ied!rom Dun and 3,'a::ls:re& Inf0lT13dcn en result in a c~lIar ch3ng~ t,:, an e:(j5~1r:g al'lla.c. ndiC3.~e onl:,' the c,bta:'-:"'tl3 CUNS ,"umb~~ ma.y be obtained byv::Si[r.:.g the GfEnti..go~' amoun! c"me cha.."!ge. F-:.r d:o:reaies, enCC'5e b! amounts in web'sit:-. p3r~..11eses. d. Addrns: En~er:he- oo..11ple:e a::!:lress;:;s f,;;-!J:r~'j"S: S:~et add:-:!:s:l:-,,:e of re.::-..r."ed), Citi:~equ."i:'::\ CCl.:mt)', S~3.te (Requiri!d, -f celln:!,,!!s ',":8), 19. Is Appfk-atiun Su'b}:mtt'J R~Y!~e by Stat~ IlnlErEx!cuti'ii? ;:'J~'l(".~e, Ccun:ry (R-equired: Zip,'P05~JI C,::d:e {Requ:r.;<:::" If t>'..r'rlrj i:; Order 12372 Process? ApP:3n~s !1J:)c1d cen:ac1 the St~e US}-.. Sin:;-=- Pc-j"1cf CC"~jJct {SP~C) for F~i:Tal Execut\te Order eo. ~r:gani~3tiDnal Umt: ^~~~~rth.~T'iatT;e cf:he prirr'~fj' o~an.~atio1""!31 12371 ~o :fi-1E.n1,inli 'w1.c-:he' fr ii!! a;:prca:ion is 5;t),.:::~ ~o :he "'''''+lan''''-ePJ,.;orr~r:1''r''i1:'~lcn '~a"'-''''J- ~}thJ'~" 'u"'-frtl.ei"'e ""-'.'. _.... .1. ,=. ... ..,._ ., .~,.... _.: ....", ^'~ _. . 2009-116 4ssis'iance a~M1'J'. "f ;1oolicable. S:at: in:ergo'o'ernrr.enta rE'iiew precess. Se Ed :he f. Name and contact information of person to be contacted on apP""J1=.riae bex. I~"a.' 's se e.:ted, enter the dat: the matters invorvingthis ap-pIica.tion: :n~erf"e name (F."st and last name app ',::a:i::m 'liaS subrr.il!ed to f'!~ S~ii~ rcquired}. o:"ganin1icna' a:"fi1ia~ion (ifaffiiiated ...Ji':h an c.g-J.niza~ion ot";r ~an t"-e app -can1 orQiinizi.ticn;\, 1etep!"'!one nCJ"bet (Required;.. .fax 20. Is th!!-Applicant Delinquent on any Federal Debt? ~UM:';":", ar.d &.Ma' add:,,~s (::(equirec:> cf~he person ~o con~ac1 on (R.equired) Serecl f-:E! a;:.::;:.ropria:e :::OX. This qUi!st'o:,n a1=~::.lies t" .11a:t;-'; relat~d to :his Ci.::.c,lica:ion. the a~.plica.'1t organizafv:"'. not the ;er=c~ \,,'ho signs as :he au~horiz;ed ~pres.:rila:ffve. Ca.:egc,..'.es of debt include der...:: wHit audit c isa.:,',Ilances. loans and mes. f '&is. incJude an er.clara1fcn on the eonti:Ol';.j:iticn s:-:eet. ~. Type o! Aop,rt ::.ant (Required: 21. Authorized Repres-ent3tiv@: : Requ 'ped) To ::e signed and Select 'i.ip to :hree appli.:ant ~e-;s~ in ;:!.:c::m:lance wi[~ age-."!.:j' da:ed by t;,~ atJ~hDrized represents::;.;e cfl1e applicant 'nS'.ructicns. crg:L"'."zation. :n:er the nalT;e ': First and I;;,s'! n ane- reqrIp~::1 A. S~at: GC'o'emment M. N~lipr::;.f~ ....;:h E..:J,C.?IRS tftfe (Required:. ~elepho.'le number (Ret)uired). fax nlJmber. 3. C:)unty GO'is-rnlT',ent Status .:Othert1an InsW:uf.:i'1 and errail 4i:'::!re5s (Rec'..ilri'::I) cfthe person a~f"':Jrizec t:) s:gn C_ Citj or Tow.. 5hi~, Gcvernment of f-iJgher EdIJCJ::ic":1 for ~he applic:mt D. St'~f31 0 -s~rd G'-'ljem'len~ N. Nr.mprofi '.',ji:hou~ EO: i:3 IRS A. oo,,;.y of t~e gc'..emf."g body's au:horizaf.:.'1 for you to sign -. Region3! Organ'za:bn Sta.trJS {C1he~ t'1 an lnsti~ut .:." this applicat on .is '11e offici:;;1 ~~.re5e.:'ltathfe rnrst t,e en fe in f. U.S,. -err':orJ c:- Pcss-:-:ssion of !:-':igher Educatic";, the a;.p1i::-.3..j'S c'ff".:e. 'Certain fede"a' age:"1cies nla'j rec.'.:ire G. ndepenc~;'!t Sc;~ool Dis:rict o. Pri'.'z.t: l"'!s~iLdonof H ghrr thiiitt"is auf" oriz;:;:icn be 5ub:11ited as pari of the app 'c;ation.~J H. ?:;t '::..ISta:e Cc'!~rel!ed EduC3t',:-n ns:it..rtic'! of Higher EduCiitiC,'l ? [,"'!divi'::'..i.il L ndian.l'l:i:ill'e American Triba Q. For-Proft Organizaf,),'1 Gc...ernmen: (~edera"i (O:her~han Srr.a.1l3..sin.:ss) Reo:>gnizE.: :' ~. Srr,aIl3';!iin~ss ~- J_ ndiannia:i'ie Al1erican Triba S. H"5pa~'c-serll.-.ft tJ ns:i~L!1i.:-" Gc...emmen: !;O:hertha." T. H !~OriC.l1ty Black Co l:ges Federally ~ecognizedj and U:"!'..ersit;s (H8:U!i; K. ndian.'Na~ill'e A..'1'Ierican U. Tto;;.11~' Cont.,:< led Colleges Triba!i,' Des"gnat~d and U'nersrts-; CCCUs:, O~~1niz,1~ion V. Alaska Na.ti'..e and Nat\le _. P'i::. ::,'Ine .i.n Fousing HawJI3.'l Se,",'ing l:'1ititIJ~ions Au:hori:~' ,., N.;:.n-DolT'estic (ncn..US~ ... En'il;' X. Ot" er :speoif\') 2009-116 ....'" < ,..' !u City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program Appendix C: Certifications 20 2009-116 Homelessness Prevention and Rapid Re-Housing Program (HPRP) Certifications The HPRP Grantee certifies that: Consolidated Plan - It is foIlowing a current HUD-approved Consolidated Plan or CHAS. Consistency with Plan - The housing activities to be undertaken with HPRP funds are consistent with the strategic plan. Confidentiality - It will develop and implement procedures to ensure: (1) The confidentiality ofrecords pertaining to any individual provided with assistance; and (2) That the address or location of any assisted housing wiIl not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the grantee. Discharge Policy - A certification that the State or jurisdiction has established a policy for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. HMIS - It will comply with HUD's standards for participation in a local Homeless Management Information System and the collection and reporting of client-level information. ~~ . Si ture/ thorized Offi~ 5 (S/OOJ Date I Mavor. Citv of San Bernardino Title 2009-116 GENERAL CERTIFICATIONS FOR STATE OR LOCAL GOVERNMENT FOR THE HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM (HPRP) In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the state, territory, or local government certifies that: Affirmatively Further Fair Housing -- The state, territory, or local government will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction or state, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Drug-Free Workplace -- It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifYing the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about: (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph I; 4. NotifYing the employee in the statement required by paragraph I that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) NotifY the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. NotifYing the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2009-116 (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2,3,4,5 and 6. Anti-Lobbying -- To the best of the state, territory, or local government's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraphs I and 2 of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certifY and disclose accordingly. Authority of Local Government, State, or Territory -- The submission of the consolidated plan is authorized under state law and local law (as applicable) and the jurisdiction or state possesses the legal authority to carry out the programs under the consolidated plan for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with Plan -- The housing activities to be undertaken with HPRP funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. '~Yv-~ Sig ture uthorized ~ tiia'i Date 12/dtj{l~ Tltle ' 0iJ;// J ~J/lA'///JZ) 2009-116 APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbving Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug-Free Workolace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. Ifknown, they rnay be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), ifit previously identified the workplaces in question (see paragraph three). 6. The Grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check _ ifthere are workplaces on file that are not identified here. The certification with regard to the drug-free workplace is required by 24 CFR part 24, subpart F. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug-Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: 2009-116 "Controlled substance" means a controlled substance in Schedules 1 through V of the Controlled Substances Act (21 U.S.c. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, inclnding: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not inclnde workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). 2009-116 II City of San Bernardino 2008-2009 Amendment to the One-Year Action Plan Homeless Prevention and Rapid Re-Housing Program Appendix D: HUD HPRP Notice 26 2009-116 I DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5307-N-Ol] Notice of Allocations, Application Procedures, and Requirements for Homelessness Prevention and Rapid Re-Housing Program Grantees under the American Recovery and Reinvestment Act of 2009 AGENCY: Office of the Secretary. HUD. ACTION: Notice of funding allocations and requirements. SUMMARY: This Notice advises the public of the allocation formula and allocation amounts, the list of grantees, and requirements for the Homelessness Prevention Fund, hereafter referred to as the "Homelessness Prevention and Rapid Re-Housing Program (HPRP)," under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"). Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to bequickly re-housed and stabilized. In order to receive these funds, eligible grantees must submit a substantial amendment to the Consolidated Plan 2008 Action Plan (referred to in this Notice as the "substantial amendment"). EFFECTIVE DATE: March 19, 2009 OVERVIEW INFORMA nON A. Federal Agency Name: Department of Housing and Urban Development, Office of Community Planning and Development. B. Funding Opportunity Title: Funding Availability for the Homelessness Prevention Fund created under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"), referred to in this Notice as the "Homelessness Preventioo and Rapid Re- Housing Prograrn (HPRP)." 2009-116 2 C. Publication: This Notice is initially being published on HUD's web site. It will also be published in the Federal Register. All HUD materials will be posted on the HUD Homelessness Resource Exchange at: www.hudhre.info. D. Catalog of Federal Domestic Assistance (CFDA) Number: 14.257: Homelessness Prevention and Rapid Re-Housing Program (HPRP). E. Dates: Substantial amendments submitted pursuant to this Notice must be received by HUD no later than 60 days from the date of publication of this Notice. HUD will complete its review of all correctly completed substantial amendments no later than July 2,2009. BUD intends to execute all grant agreements no later than September 1,2009. Grantees must obligate funds to their subgrantees by September 30, 2009. The Recovery Act requires grantees to expend 60 percent of HPRP grant funds within two years of the date that funds become available to the grantees for obligation (the date that HUD signs the grant agreement), and 100 percent of funds within three years of this date. F. Additional Overview Content Information: !. Funding Allocations. As required by the Recovery Act, funds will be allocated according to the formula used for the Emergency Shelter Grants (ESG) Program. Pursuant to HUD's discretion under the Recovery Act, HUD has set a minimum grant amount of $500,000. Funds for communities that would receive less than this amount will be reallocated to the state in which the community is located. A list of eligible grantees is provided in Appendix A. 2. Modified Requirements for the Consolidated Plan. The requirements at 24 CFR part 91, as modified by this Notice, shall apply to the application and approval process for HPRP funds. Specifically, the following requirements shall apply: a. In order to receive HPRP funds, each eligible grantee must prepare and submit a substantial 2009-116 3 amendment to its Consolidated Plan 2008 Action Plan ("substantial amendment") in accordance with section IV.E. below. The substantial amendment and other required documents must be received by HUD within 60 days of the publication of this Notice. b. In preparing the substantial amendment, each eligible grantee must follow its citizen participation plan in accordance with 24 CPR part 91, except that the minimum time period for citizens to comment on the substantial amendmcnt shall be reduced to 12 days. HUD does not rcquire that grantees establish a second period of public comment regarding the process for determining subgrantees, but if a grantee has this requirement in place locally, this public comment period may be reduced to 3 days. c. Each substantial amendment submitted to HUD will be subject to the approval process set forth in 24 CPR 91.500, except that: HUD will approve or disapprove the substantial amendment by July 2, 2009; jurisdictions with disapprovcd substantial amendments may revise and resubmit a substantial amendment within 15 days after HUD sends the first notification of its disapproval; and HUD will approve or disapprove the rcvised substanlial amendmcnt within 15 days of receiving the resubmission. d. Grantees are not required to report on uses of HPRP funds in their Consolidated Annual Pelformance and Evaluation Report (CAPER). Instead, the use of HPRP funds will be subject to the reporting requiremcnts established by the Recovery Act, as specified by HUD and the Office of Management and Budget (OMB). 3. Recovery.gov web site: To encourage transparency, HUD will require grantees receiving assistance under HPRP to provide repOlts that will be used for postings on the Recovery.gov web site. This portal is designed to provide one centralized location for the public 10 find and analyze information, and report potential fraud, waste, and abuse pertaining to the Recovery Act. 2009-116 4 G. For Further Information: For questions about HPRP, please call 1-800-998-9999. For more information about the HPRP, or to view a copy of the Recovery Act, go to wWIV.hudhre.info. Written questions may be sent to: Ann Marie Oliva, Director, Office of Special Needs Assistance Programs, Depal1ment of Housing and Urban Development, 451 Seventh Street, SW, Room 7266, Washington, DC, 20410. Persons with hearing or speech impairments may access the above telephone number via TrY by calling the Federal Information Relay Service at 800-877-8339. TABLE OF CONTENTS: 1. Funding Opportunity Description A. Program Description B. Definitions II. Allocations A. Initial Allocation B. Reallocation III. Who May Carry Out Eligible Activities A. Stat~s B. Metropolitan Cities, Urban Counties, and Territories C. Alternate Grant Arrangements IV. Requirements for Funding A. Eligible Activities B. Ineligible and Prohibited Activities C. Discharge Coordination Policy D. Eligible Program Participants E. Application Requirements F. Review and Approval of Applications V. Post-Award Process Requirements A. Deadlines for Using Granl Amounts B. Method of Payment C. Timeliness Standards D. Confidentiality E. Termination of Housing Assistance F. Responsibility for Grant Administration G. Recordkeeping H. Sanctions 2009-116 5 I. Monitoring J. Summary of the Expedited Process for HPRP Grant Allocations VI. Reporting Requirements A. ID IS B. HMIS C. Performance Reports VII. Other Federal Requirements A. Conflicts of Interest B. Environmental Requirements C. Habitability Standards D. Nondiscrimination and Equal Opportunity Requirements E. Affirmatively Furthering Fair Housing F. Lead-Based Paint Requirements G. Uniform Administrative Requirements H. Equal Participation of Religious Organizalions I. Lobbying and Disclosure Requirements J. Drug-Free Workplace Requirements K Procurement of Recovered Materials VIII. Appendices A. Eligible Grantees B. Comparison of ESG and HPRP C. Habitability Standards for HPRP D. Special Grant or Subgrant Conditions for "High-Risk" Grantees I. Funding Opportunity Description A. Program Description I. Description. Congress enacted the Recovery Act to help persons affected by the current economic crisis. The purpose of the Homelessness Prevention and Rapid Re-Housing Program (HPRP) is to provide homelessness prevention assistance to households who would otherwise become homeless-many due to the economic crisis-and to provide assistance to rapidly re- house persons who are homeless as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). While HOD wiJl allow grantees the discretion to develop prevention andfor rapid re-housing programs that meet locally-defined needs, BUD also expects 2009-116 6 that these resources will be targeted and prioritized to serve households that are most in need of this temporary assistance and are most likely to achieve stable housing, whether subsidized or unsubsidized, outside of HPRP after the program concludes. Grantees should take this opportunity to develop strategies to identify eligible program participants, review existing models for prevention and rapid re-housing programs, and create a plan that utilizes all resources available through the Recovery Act in order to provide a comprehensive menu of services to assist eligible program participants. HPRP is focused on housing for homeless and at-risk households. It will provide temporary financial assistance and housing relocation and stabilization services to individuals and families who are homeless or would be homeless but for this assistance. The funds under this program are intended to target two populations of persons facing housing instability: l) individuals and families who are currently in housing but are at risk of becoming homeless and need temporary rent or utility assistance to prevent them from becoming homeless or assistance to move to another unit (prevention), and 2) individuals and families who are experiencing homelessness (residing in emergency or transitional shelters or on the street) and need temporary assistance in order to obtain housing and relain it (rapid re-housing). Allhough all eligible activities (described in section IV.A. below) can be used for both populations, considering two eligible populations is a framework for targeting funds that grantees might find useful in establishing local programs and consideling the most effective use of funds. HUD is establishing eligibility requirements for program participants (described in section IV.D. below). It is important to note that HPRP is not a mortgage assistance program. Congress has established other programs to assist with the current mortgage crisis. HPRP funds are only eligible to help program participants-whether they are renters or homeowners about to become 2009-116 7 homeless-pay for utilities, moving costs, security deposits and rent in a new unit, storage fees, and other financial costs or services as described in this Notice. HPRP funds are not eligible to pay for any mortgage costs or legal or other fees associated with retaining homeowners' housing. 2. Match. Grantees are not required to match HPRP funds with any other funding source. 3. New Program. Although the funding allocation is based on that of the ESG program, HPRP is a separate program, with a different program purpose and requirements. The table in Appendix B highlights the differences between ESG and HPRP. B. Definitions Applicant means a slate, territory, metropolitan city, or urban county that submits a substantial amendment and other required documents pursuant to the provisions of Ihis Notice. Certification means a written assertion, based on supporting evidence, that must be kept available for inspection by HUD, by the Inspector General of HUD, and by the public. The assertion shall be deemed to be accurate unless HUD detennines otherwise, afler inspecting the evidence and providing due notice and opportunity for comment. Consolidated Plan means the plan prepared in accordance with 24 CFR Part 91. Grantee means the legal entity to which HUD awards an HPRP grant and which is accountable for the use of the funds provided. Homeless means as Ihe term is defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302). HUD means the U.S. Department of Housing and Urban Development. Metropolitan city means a city that was classified as a metropolitan city under section J02(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)) for Fiscal Year 2008. 2009-116 8 Non-profit sltbgrantee means any private non-profit organization to which a grantee provides funds to carry out the eligible activities under the grant and which is accountable to the grantee for the use of funds provided. Private non-profit organization means an organization described in 26 U.S.c. 501 (c) that is exempt from taxation under subtitle A of the Internal Revenue Code, has an accounting system and a voluntary board, and practices nondiscrimination in the provision of assistance. Program participant means an individual or family with or without children that is provided HPRP financial assistance or housing relocation and stabilization services through a rapid re- housing or prevention program. In this Notice, the term "household" refers to individuals or families. State means each of the several States and the Commonwealth of Puerto Rico. State subgrantee means any unit of general local government or private non-profit organization to which a state distributes HPRP grant amounts. Subgrantee means any private non-profit organization or unit of general local government to which a grantee provides funds to carry out the eligible activities under the grant and which is accountable to the grantee for the use of the funds provided. Territory means each of the following: the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Unit of general local govemment means any city, county, town, township, parish, village, or other general purpose political subdivision of a state. Urban county means a county that was classified as an urban county under section 102(a) of the Housing and Community Development Act of 1974 (42 U.S.c. 5302(a)) for Fiscal Year 2008. 2009-116 9 II. ALLOCATIONS A. Initial Allocation I. Allocation Formula. The Recovery Act directs HUD to allocate funds to grantees that are eligible under the ESG program, as defined and designated in sections 411 and 412 of subtitle B of Title IV of the McKinney- Vento Homeless Assistance Act, pursuant to the formula authorized by section 413 of that Act. States, urban counties, metropolitan cities, and U.S. territories are eligible grantees under HPRP. Of the $1.5 billion total appropriated by the Recovery Act for HPRP, Congress set aside 0.5 percent ($7.5 million) for a portion of HUD's administration of this assistance, including staffing, training, technical assistance, technology, monitoring, research, and evaluation activities. Therefore, $1,492,500,000 is available for allocation to eligible grantees. Pursuant to Jaw, U.S. territories received 0.2 percent of the IOtal amount of the funding allocation, or $3,000,000, to be distributed among the several territories based On the ESG formula. After subtracting the grant amount designated for territories, HOO used the ESG formula to allocate the remaining amount, or $1,489,500,000, to metropolitan cities, urban counties, and states. 2. Minimum Grant Size. Under the ESG program, if, after allocation, any metropolitan city or urban county would receive a grant less than 0.05 percent of the funds available, such amount would be instead reallocated to the state. The Recovery Act provides that the Secretary may establish a minimum grant size for HPRP. The Secretary has utilized this discretion to set the grant minimum at $500,000, rather than 0.05 percent (or approximately $750,000). in order to increase the number of metropolitan cilies and urban counties eligible to directly receive formula funds under HPRP. Funds for urban counties and metropolitan cities that fell under this threshold were reallocated 10 the state in which the jurisdiction was located. The $500,000 grant 2009-116 10 minimum resulted in 485 rnetropolitan cities and urban counties eligible to receive funding, compared to 305 metropolitan cities and urban counties funded under the ESG program. This represents an increase of 180 eligible metropolitan cities and urban counties. Including states and territories, a total of 540 grantees are eligible to receive HPRP funds. 3. Eligible Grantees. Attachment A of this Notice lists all HPRP eligible grantees and the amounts they are eligible to receive. B. Reallocation I. Reallocation of Initial Grant. HUD encourages each local jurisdiction receiving an allocation to carefully consider its administrative capacity to use the funds within the statutory deadlines, compared to the capacity of the state administrator. HUD expects that, after such consideration, some jurisdictions may choose to apply for less than the full amount, which will allow the balance of their grants to be reallocated to the state. a. Declining the grant. If an eligible grantee receiving an allocation of funds under this Notice (as designated in Attachment A) wishes to decline its allocation, the legally authorized official must notify its local HUD field office in writing of its intent to do so. A list of field office contacts is available at: http://www.hud.gov/offices/cpcl!about/stafflfodirectors/. b. Requesting less than the allocation. If an eligible grantee wishes to request less than the total allocation amount for which it is eligible, the legally authorized official must notify its local HUD field office in writing of the arnount it will request on or before May 18, 2009. c. Failure to submit a complete application. If an eligible grantee fails to submit a substantially complete substantial amendmenl for its grant allocation within the timeframes established in sections IV.E. and IV.F. of this Notice, HUD will notify the jurisdiction of the cancellation of its allocation amount and proceed to reallocate the funds. 2009-116 II d. Distribution of reallocated funds. In the case where an urban county or metropolitan city refuses or requests less than its allocation, HUD will reallocate the funds to the state in which the jurisdiction is located. For a state or tenitory that refuses or requests less than its allocation, HUD will reallocate the funds nationally according to the original formula. 2. Reallocation at 2-Year Statutory Expenditure Deadline. The Recovery Act requires HUD to obligate all funds to grantees by September 30,2011. In order to meet this requirement and allow for reallocation if grantees have not spent 60 percent of their funds within 2 years, HUD will be closely tracking grantee expenditures via quarterly reporting and the Integrated Disbursement and Information System (IDIS). If any grantee fails to meet the statutory requirement to expend at least 60 percent of its grant amount within 2 years of the date of the grant agreement, or, for grants signed after July 30, 2009 where it appears that the grantee will fail to meet this requirement, HUD will notify the grantee no later than August 1,2011, and allow the grantee 21 days to submit information to HlID regarding any additional eligible expenses of HPRP funds accrued within the 2-year period in order to bring grantees into compliance with the 60 percent expenditure threshold. If the grantees cannot do this, HUD may then proceed to recapture the unused HPRP funds and reallocate them. The Secretary will determine the process for reallocation of HPRP funds and notify grantees regarding details at a later date. Grantees should note that all reallocated funds received must be expended within 3 years of the date of the grantee's original grant agreement. III. WHO MAY CARRY OUT ELIGIBLE ACTIVITIES A. States A state grantee must rnake available all of its formula allocation, except for an appropriate share of funds for administrative costs, to the subgrantees listed below to carry out all eligible 2009-116 12 activities. Any organization receiving HPRP funds shall be subject to all of the requirements that apply to the grantee under this Notice. 1. Units of general local government in the state, which may include metropolitan cities and urban counties that receive grant amounts directly from HUD. 2, Private non-profit organizations, if the local government for the locality in which the program is located certifies that it approves of the program. B. Metropolitan Cities, Urban Counties, and Territories Metropolitan cities, urban counties, and tenitories, or an agency of those governments, may directly carry out eligible activities, or may distribute all or part of their grant amounts to private non-profit organizations to carry out HPRP activities. Any organization receiving HPRP funds shall be subject to all of the requiremenls that apply to the gran lee under this Notice. C. Alternate Grant Arrangements Any locaj government grantee may enter into a subgrant with another local government to carry out the program. A local government grantee may choose this arrangement because another local government has greater capacity or because the grantee wants its program 10 be cooperatively carried out with another local government. Any organization receiving HPRP funds shall be subject to all of the requirements that apply to the grantee under this Notice. IV. REQUIREMENTS FOR FUNDING A. Eligible Activities Grant funds must be used for eligible activities as described in this Notice. There are four categories of eligible activities for the HPRP program: financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. These eligible activities are inlentionally focused on housing--either financial assistance to help pay 2009-116 13 for housing, or services designed to keep people in housing or to find housing. Generally, the intent ofHPRP assistance is to rapidly transition program participants to stability, either through their own means or through public assistance, as appropriate. HPRP assistance is not intended to provide long-term support for program participants, nor will it be able to address a1] of the financial and supportive services needs of households that affect housing stability. Rather, assistance should be focused on housing stabilization, linking program participanls to community resources and mainstream benefits, and helping them develop a plan for preventing future housing instability. Grantee programs should therefore ensure that there is a clear process for determining the type, level, and duration of assistance for each program pm1icipant. 1. Financial Assistance. Financial assistance is limited to the following activities: short-term rental assistance, medium-term rental assistance, security deposits, utility deposits, utility payments, moving cost assistance, and motel and hotel vouchers. Grantees and subgrantees must not make payments directly to program participants, but only to third parties, such as landlords or utility companies. ]n addition, an assisted property may not be owned by the grantee, subgrantee or the parent, subsidiary or affiliated organization of the subgrantee. a. Rental Assistance. (I) Short- and medium-term rental assistance are tenant-based rental assistance that can be used to allow individuals and families to remain in their existing rental units or to help them obtain and remain in rental units they select. Short-term rental assistance may not exceed rental costs accmed over a period of 3 months. Medium-term rental assistance may not exceed actual rental costs accrued over a peJiod of 4 to ]8 months. No program participant rnay receive rnore than 18 months of assistance under HPRP. After 3 months, if program participants receiving short-term rental assistance need additional financial assistance to remain housed, they must be evaluated 2009-116 14 for eligibility to receive up to 15 additional months of medium-term rental assistance, for a total of 18 months. HUD is requiring grantees and sub grantees to certify eligibility at least once every 3 months for all program participants receiving medium-term rental assistance. HUD additionally encourages grantees and subgrantees to provide ongoing case management, as needed, to all program participants receiving rental assistance in order to transition them to independence, including permanent housing arrangements (subsidized or unsubsidized). (2) The grantee determines the amount of short-term and medium-term rental assistance provided, such as "shallow subsidies" (payment of a portion of the rent), payment of 100 percent of the rent charged, or graduated/declining subsidies. A grantee may also set a maximum amount of assistance that a single individual or family may receive from HPRP funds, or may set a maximum number of times that an individual or family may receive assistance, as long as the total amount of assistance that any individual or family receives does not exceed an amount equal to 18 rnonths of rental assistance. Grantees may require program participants to share in the costs of rent, utilities, security and utility deposits, moving, hotel or motel, and other expenses as a condition of receiving HPRP financial assistance. For example, a program may require a program participant to pay a portion of the rent expense for a unit. HPRP assistance should be "needs-based," meaning that grantees and/or subgrantees should determine the amount of assistance based on the minimum amount needed to prevent the program participant from becoming homeless or returning to homelessness in the near term. This will also help communities to utilize program resources efficiently to serve as many households as possible. (3) Rental assistance may also be used to pay up to 6 months of rental arrears for eligible program participants. Rental arrears may be paid if the payment enables the program participant to remain in the housing unit for which the arrears are being paid or move to another unit. If 2009-116 15 HPRP funds are used to pay rental arrears, arrears must be included in determining the total period of the program participant's rental assistance, which may not exceed 18 months. (4) The rental assistance paid cannot exceed the actual rental cost, which must be in compliance with HOD's standard of "rent reasonableness." "Rent reasonableness" means that the total rent charged for a unit must be reasonable in relalion to the rents being charged during the same time period for comparable units in the private unassisted market and must not be in excess of rents being charged by Ihe owner during the same time period for comparable non-luxury unassisted units. To make this determination, the grantee or subgrantee should consider (a) the location, quality, size, type, and age of the unit; and (b) any amenities, housing services, maintenance and utilities to be provided by the owner. Comparable rents can be checked by using a market study, by reviewing comparable units advertised for rent, or with a note from the property owner verifying Ihe comparability of charged rents to other units owned (for example, the landlord would document the rents paid in other units). For more information, see HOD's worksheet on rent reasonableness at: www.hud.gov/offices/cndlaffordablehousing/li brarv If orms/ren treason ab lee hec k list. doc. (5) Rental assistance payments cannot be made on behalf of eligible individuals or families for the same period of time and for the same cost types that are being provided through another federal, state or local housing subsidy program. Cost types are the categories of eligible HPRP financial assistance: rent, either the client portion or the subsidy; security deposits, utility deposits, utility payments, moving cost assistance, and hotel/motel vouchers. b. Security and utility deposits. HPRP funds may be used 10 pay for security deposits, including utility deposits, for eligible program participants. In contrast to the requirements regarding rental assistance payments, security and utility deposits covering the same period of time in which 2009-116 16 assistance is being provided through another housing subsidy program are eligible, as long as they cover separate cost types. One example of this would be providing a security deposit for a participant in the illJD- V A Supportive Housing (HUD- V ASH) program, which provides rental assistance and services. A program description of HOD- V ASH can be found at: http://www . h lid. gO v / offices/pi h/programs/hcv /v ash/i n dex. cfm. c. Utility payments. HPRP funds may be used for up to 18 months of utility payments, including up to 6 months of utility payments in arrears, for each program participant, provided that the program participant or a member of his/her household has an account in his/her name with a utility company or proof of responsibility to make utility payments, such as cancelled checks or receipls in his/her name from a utility company. d. Moving cost assistance. HPRP funds may be used for reasonable moving costs, such as truck rental, hiring a moving company, or short-term storage fees for a maximum of 3 months or until the program participant is in housing, whichever is shorter. e. Motel and hotel vouchers. HPRP funds may be used for reasonable and appropriate motel and hotel vouchers for up to 30 days if no appropriate shelter beds are available and subsequent renlal housing has been identified but is not immediately available for move-in by the program participants. 2. Housing Relocation and Stabilization Services. HPRP funds may be used for services that assist program participants with housing stability and placement. These services are limited to the following eligible activities: a. Case management. HPRP case management funds may be used for activities for the anangement, coordinatioo, monitoring, and delivery of services related to meeting the housing needs of program participants and helping them obtain housing stability. Component services 2009-116 17 and activities may include: counseling; developing, securing, and coordinating services; monitoring and evaluating program participant progress; assuring that program participants' rights are protected; and developing an individualized housing and service plan, including a path to permanent housing stability subsequent to HPRP financial assistance. b. Outreach and engagement HPRP funds may be used for services or assistance designed to publicize the availability of programs to make persons who are homeless or alrnost homeless aware of these and other available services and programs. c. Housing search and placement HPRP housing search and placement funds may be used for services or activities designed to assist individuals or families in locating, obtaining, and retaining suitable housing. Component services or activities may include: tenant counseling; assisting individuals and families to understand leases; securing utilities; making moving arrangements; representative payee services concerning rent and utilities; and mediation and outreach to property owners related to locating or retaining housing. d. Legal services. HPRP funds may be used for legal services to help people stay in their homes, such as services or activities provided by a lawyer or other person(s) under the supervision of a lawyer to assist program participants with legal advice and representation in administrative or court proceedings related to tenant/landlord matters or housing issues. Legal services related to mortgages are not eligible. e. Credit repair. HPRP funds may be used for services that are targeted to assist program participants with clitical skills related to houschold budgeting, money management, accessing a free persona) credit report, and resolving personal credit issues. 3. Data Collection and Evaluation. a. Data Colleclion. The Recovery Act requires that data collection and reporting for HPRP be 2009-116 18 conducted through the use of Homeless Management Information Systems (HMIS) or a comparable client-level database. Therefore, reasonable and appropriate costs associated with operating an HMIS for purposes of collecting and reporting data required under HPRP and analyzing patterns of use of HPRP funds are eligible. Eligible costs include the purchase of HMIS software and/or user licenses, leasing or purchasing needed computer equipment for providers and the central server, costs associated with data collection, entry and analysis, and staffing associated with the operation of the HMIS, including training. HMIS activities that are ineligible include planning and development of HMIS systems, development of new software systems, and replacing state and local government funding for an existing HMIS. Only those jurisdictions that do not have an HMIS already implemented may use a portion of these funds for HMIS implementation or start-up activities. b. Evaluation. Grantees and subgrantees must comply if asked to participate in HUD-sponsored research and evaluation of HPRP. HPRP funds are eligible for costs to the grantee of participating in HUD research and evaluation of the program. 4. Administrative Costs. a. Administrative costs may be used for: pre-award administrative costs, as defined in section b. below; 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 grantee or subgrantee staff salaries associated wilh these administrative costs. Adminislrative costs also include training for staff who will administer the program or case managers who will serve program participants, as long as this training is directly related to learning about HPRP. Administrative costs do not include the costs of issuing financial assistance, providing housing relocation and stabilization services, or carrying out eligible data collection and evaluation 2009-116 19 activities, as specified above, such as grantee or subgrantee staff salaries. costs of conducting housing inspections, and other operating costs. These costs should be included under one of the three other eligible activity categories. b. Pre-award administrative costs. Given the urgent need in many communities for this funding and the short timeframe set forth in section V.A.I. for obligation to grantees, grantees will need to act quickly to prepare the HPRP substantial amendment and to undertake other administrative actions. Therefore, BUD is granting pennission to grantees receiving a direct allocation of HPRP funds (see Attachment A) to incur pre-award costs in accordance with OMB Circular A- 87, Attachment B, paragraph 31 (24 CPR part 225, Appendix B, paragraph 31). All costs and activities funded with pre-award HPRP funds must comply with the Recovery Act statutory language relevant to HPRP, and they must comply with the requirements ofHPRP as described in this Notice. Eligible pre-award costs that grantees may incur are costs that are directly related to preparing the application for subrnission to HUD, starting with the publication of this Notice and ending with the submission of the substantial amendment or, if applicable, the revised substantial amendment. This includes. but is not limited to, staff costs for preparing the substantial amendment and publication, other costs related to the public comment process, or costs related to participation in BUD-sponsored HPRP training. c. Limitations on administrative costs. No more than 5 percent of the total HPRP grant to the grantee may be spent on administrative costs, whether by the grantee or subgrantee(s). In addition, all administrative costs must be incUlTed, and all funds for administrative costs must be drawn down from IDIS (defined in section V.B.), prior to the 3-year expenditure deadline (described in section V.A.2). d. Sharing of administrative funds. Granlees shall share a reasonable and appropriate amount of 2009-116 20 their administrative funds with subgrantees. B. Ineligible and Prohibited Activities 1. Coordination with Recovery Act Resources. Grantees are strongly encouraged, as part of local planning, to maximize all resources that may be available with Recovery Act funds other than HPRP (see chart on Recovery Act resources located at www.hudhre.info). A grantee's local plan for spending HPRP funds should coordinate closely with other Recovery Act funding streams, so that eligible activities under other Recovery Act programs are aligned with HPRP funds to create a comprehensive package of housing and service options available to eligible program participants. The intent of HPRP is to provide funding for housing expenses to persons who are homeless or who would be homeless if not for this assistance. Thereforc, financial assistance or services to pay for expenses that are available through other Recovery Act programs, including child care and employment training, are not eligible. Case managers should work to link program participants to these other resources. 2. Mortgage Costs are Ineligible. Financial assistance may not be used to pay for any mortgage costs or costs needed by homeowners to assist with any fees, taxes, or other costs of refinancing a mortgage to make it affordable. 3. Other Ineligible and Prohibited Activities. HPRP funds may not be used to pay for any of the following items: construction or rehabilitation; credit card bills or other consumer debt; car repair or other transportation costs; travel costs; food; medical or dental care and medicines; clothing and grooming; home furnishings; pet care; cntenainment activities; work or education related materials; and cash assistance to program pmticipants. HPRP funds may not be used to develop discharge planning programs in mainstream institutions such as hospitals. jails, or prisons. Finally, while training for case managers and program administrators is an eligible 2009-116 21 administrative cost as long as it is directly related to HPRP program operations, HPRP funds may not be used to pay for certifications, licenses, and general training classes. Programs may not charge fees to HPRP program participants. Any HPRP funds used to support program participants must be issued directly to the appropriate third party, such as the landlord or utility company, and in no case are funds eligible to be issued directly to program participants. If funds are found to be used for ineligible activities as determined by HUD, the grantee will be required to reimburse its line of credit. C. Discharge Coordination Policy Grantees must agree to develop and implement, to the maximum extent practicable and where appropriate, policies and protocols for the discharge of persons from publicly funded institutions or systems of care (such as health care facilities, foster care or other youth facilities, or correction programs and institutions), in order to prevent such discharge from immediately resulting in homelessness for such persons. Developing or updating system discharge plans and policies is not an eligible expense under HPRP. However, persons who are being imminently discharged into homelessness from such publicly funded institutions are eligible to receive financial assistance or services through HPRP as long as they meet the minimum requirements as discussed in section D.2. below. D. Eligible Program Participants 1. General. HUD allows grantees significant discretion in program design and operation while targeting those who are most in need of temporary homelessness prevention and rapid re-housing assistance. When establishing local programs, grantees should consider how their programs will identify eligible program participants and meet their needs as intended by the Recovery Act. Grantees should consider serving two eligible populations with HPRP funds: persons who are 2009-116 22 still housed but at risk of becoming homeless and persons who are already horneless. Although persons in both target populations are eligible to receive financial assistance and services under HPRP, creating this distinction can help communities serve households most in need of temporary assistance, as well as track the funds used for rapid re-housing and prevention. Since not all program participants in either of the target populations will have the same level of need, it is not expected that all persons in each target population will receive identical levels of assistance. For example, the scope and intensity of assistance provided to a homeless family may be greater than that provided to a homeless individual. Likewise, a family on the verge of becoming homeless within a few days may require more services or a higher level of assistance than a family whose risk of homelessness is not as imminent or one who may only need a shorter peliod of financial assistance. Grantees are responsible for verifying and documenting the individuals' risk of homelessness that qualifies them for receiving rental assistance. HUD requires grantees and/or subgrantees to evaluate and certify the eligibility of program participants at least once every 3 months for all persons receiving medium-telm rental assistance. Similarly, grantees and subgrantees should carefully assess a household's need and appropriateness for HPRP. If the household needs more intensive supportive services or long-term assistance, or if a household is not at risk of homelessness, grantees and subgrantees should work to link them to olher appropriate available resources. 2. Requirements for All Program Participants. In order to receive financial assislance or services funded by HPRP, individuals and families-whether homeless or housed-must at least meet the following minimum criteria: 1) Any individual or family provided with financial assistance through HPRP must have at least an initial consultation wilh a case manager or other authOlized representative who can determine 2009-116 23 the appropriate type of assistance to meet their needs. HUD encourages communities to have a process in place to refer persons ineligible for HPRP to the appropriate resources or service provider that can assist them. 2) The household must be at or below 50 percent of Area Median Income (AMI). Income limits are available on HUD's web site at: hltp://www.huduser.orgfDATASETSlil.html. Grantees should use HOO's Section 8 income eligibility standards for HPRP. 3) The household must be either homeless or at risk of losing its housing and meet both of the following circurnstances: (1) no appropriate subsequent housing options have been identified; AND (2) the household lacks the financial resources and support networks needed to obtain immediate housing or remain in its existing housing. 3. Prevention Assistance. While HUD's definition of homelessness is well-understood, it can be more challenging to identify persons who arc housed but who have a very high risk of becoming homeless. There are many people who are housed and have great need but would not become homeless if they did not receive assistance. HUD strongly encourages grantees and subgrantees to target prevention assistance to those individuals and families at the greatest risk of becoming homeless. It is helpful to remember that the defining question to ask is: "Would this individual or family be homeless bIll for this assistance?" The requirements set forth in paragraph 2 of this section establish HOO's minimum conditions that an individual or family must meet in order to receive assistance through HPRP. However, HOO strongly encourages communities to consider more factors when designing their local programs and determining a household's level of need for receiving assistance through HPRP. To aid grantees and subgranlees in targeting HPRP funds toward persons most at risk of becoming homeless, a number of potential "J;sk factors" are listed below that could indicate that 2009-116 14 a person or family is at a higher risk of becoming homeless. This list represents examples of some commonly identified lisk factors for homelessness from scholarly research and practical experience drawn from existing homelessness prevention programs. One way a grantee or subgrantee could use these factors would be to consider the first four criteria on this list as indicative of the most urgent need, and could require that a program participant meet one of these criteria in order to receive the most expensive benefit, "medium-term" rental assistance. Likewise, a grantee might require that a program participant have at least two or more of the risk factors to qualify for any assistance. Grantees and subgrantees should note, however, that this list is optional and not exhaustive; grantees and subgrantees may consider other risk factors or other ways to target persons at risk of homelessness when developing local programs and requirements. Grantees and subgrantees may also consider the expected ability of the program participant to achieve stable housing, unsubsidized or subsidized, outside of HPRP. HUD will provide technical assistance to communities to assist them in developing local programs. The risk factors for homelessness for consideration by grantees and subgrantees in developing their programs are as follows: . Eviction within 2 weeks from a private dwclling (including housing provided by family or friends); . Discharge within 2 weeks from an institution in which the person has been a resident for more than 180 days (including prisons, mental health institutions, hospitals); . Residency in housing that has been condemned by housing officials and is no longer meant for human habitation; . Sudden and significant loss of income; . Sudden and significant increase in utility costs; 2009-116 25 . Mental health and substance abuse issues; . Physical disabilities and other chronic health issues, including HIV/AIDS; . Severe housing cost burden (greater than 50 percent of income for housing costs); . Homeless in last 12 months; . Young head of household (under 25 with children or pregnant); . Current or past involvement with child welfare, including foster care; . Pending foreclosure of rental housing; . Extremely low income (less than 30 percent of Area Median Incorne); . High overcrowding (the number of persons exceeds health and/or safety standards for the housing unit size); . Past institutional care (prison, treatment facility, hospital); . Recent traumatic life event, such as death of a spouse or primary care provider, or recent health crisis Ihat prevented the household from meeting its financial responsibilities; . Credit problems that preclude obtaining of housing; or . Significant amount of medical debt. 4. Rapid Re-Housing Assistance. Rapid re-housing assistance is available for persons who are homeless according to HUD's definition. Individuals and families who meet one of the following criteria, along with the minimum requirements established in paragraph 2 of this section, are eligible under the rapid re-housing portion of HPRP: a. Sleeping in an emergency shelter; b. Sleeping in a place not meant for human habitation. such as cars, parks, abandoned buildings, streets/si dewalks; c. Staying in a hospital or other instilulion for up to 180 days but was sleeping in an emergency 2009-116 26 shelter or other place not meant for human habitation (cars, parks, streets. etc.) immediately prior to entry into the hospital or institution; d. Graduating from, or timing out of a transitional housing program; and e. Victims of domestic violence. Generally. rapid re-housing program models include short- Or medium-term rental assistance and services for households who have baniers to housing, but who are likely to sustain housing after the subsidy ends. The purpose of HPRP rapid re-housing funds is to assist eligible program participants to quickly obtain and sustain stable housing. Therefore, organizations providing assistance should utilize a process to assess, for all potentia] program participants, their level of service need, olher resources available to them, and the appropriateness of their participation in the rapid re-housing assistance pOltion of HPRP. Program participants who require longer-term housing assistance and services should be directed to programs that can provide the requisite services and financial assistance. Persons familiar wilh the Rapid Re-Housing Demonstration Program in the 2008 Continuum of Care competition should note that these funds are not subject to the same requirements as under that demonstration program. HPRP provides flexibility 10 grantees to use these funds in a way that meets the needs of the community. as long as grantees, subgrantees, and program participants meet the requirements established in this Notice. E, Application Requirements I. Required Submission Documents. HUD will consider a completed application to contain the following three documents: a. A completed and signed Standard Form 424 (SF-424); b. A completed and signed substantial amendment using form HUD-401 19; and 2009-116 27 c. A signed copy of the required certifications. 2. Substantial Amendment. To receive its grant allocation, each grantee must prepare and submit to HUD for approval a substantial amendment to ils Consolidated Plan 2008 Action Plan using the form HUD-401l9. Each grantee must prepare its substantial amendment in accordance with the Consolidated Plan procedures as modified by this Notice, or HUD will reallocate the funds allocated for that grantee. Eligible grantees must download a copy of HUD-40119 to use in completing and submitting their HPRP substantial amendment from HUD's web site at: www.hud.govlrecovery. To request a paper copy of this form, call 1-800-998-9999. HUD will not approve and will return to the grantee amendments not submitted in the required format. The substantial amendment form requires the grantee to address six major components of its plan to use HPRP funds: a. Grantee contact information; b. The citizen participation plan and public comments received; c. The grantee's plan for distribution, administration, and oversight of funds; d. The grantee's plan for collaboration with local organizations receiving Recovery Act funds and Continuums of Care, and ensuring consistency with the Consolidated Plan; e. An eSlimated budget for HPRP funds; and f. The signature of the official authorized to sign the substantial amendment. 3. Deadline. To receive funding, each eligible HPRP grantee listed in Attachment A must ensure that its complete application is postmarked no later than May 18. 2009. Some grantees' local Consolidated Plan processes require Ihat the grantee make available for public comment a list of the proposed awards to subgrantees plior to finalizing agreements with those subgrantees. A grantee with such local requirements or other timing considerations may need to submit its 2009-116 28 application in advance of the May 18 deadline in order to obligate funds to subgrantees by September 30, 2009. 4. Process for Submission. Each eligible grantee must provide HUD with two hard copies of the completed substantial amendment, along with the required SF-424 form and certifications. Each eligible grantee must send one hard copy to HUD Headquarters in Washington, DC, and the other to the appropriate HUD Field Office. a. Addresses for submission: (l) To HUD Headquarters. Submit the original completed HPRP application (the HPRP substantial amendment form with the other original signed documents) to: U.S. Department of Housing and Urban Development, Office of Special Needs Assistance Programs, Robert C. Weaver Building, 451 Seventh Street, SW, Room 7262, Washington, DC 20410. Attention: Homelessness Prevention and Rapid Re-Housing Program. (2) To the appropriate CPD Field Office. Also submit one copy of the completed substantial amendment package to the Office of Community Planning and Development of the appropriate HUD field office for your jurisdiction. Please see the following web site for field office addresses: http://www.hud.gov/localoffices.cfm. b. Security procedures. HUD recommends grantees use the United States Postal Service (USPS) to submit their substantial amendment packages. However, grantees may also use United Parcel Service (UPS), FedEx, or DHL. Due to HUD security regulations, no other delivery service is permitted into HUD Headqw1l1ers without escort. Grantees must, therefore. use one of the four caniers listed above. 5. Posting Substantial Amendments Online. To improve transparency, HUD strongly recommends that each grantee post its substantial amendment materials on the grantee's official 2009-116 29 websile as the materials are developed, published. and submitted to HUD. 6. Coordination with CDBG-R. Many grantees will be simultaneously developing a substantial amendment for funding under the Community Development Block Grant-Recovery (CDBG-R) program, pursuant to the requirements in the CDBG-R Notice. In order to ease administrative burden for grantees, any HPRP grantee that is receiving a direct allocation of CDBG-R funding may consolidate the two amendment processes and may submit their CDBG-R substantial amendment simultaneously with their HPRP substantial amendment by the HPRP submission deadline. Grantees interested in this option must also foJlow the requirements and guidelines described in the CDBG-R Notice. 7. Coordination with Other Community Planning EffOlts. Each grantee must coordinate with the local Continuum(s) of Care (CoC) to ensure that HPRP activities are aligned with the CoC's strategies for preventing and ending homelessness (state grantees may designate subgrantees to assume this responsibility). Because persons who are homeless are eligible to receive assistance through HPRP, the impact of these funds will ultimately be reported by CoCs through required point-in-time counts and through other data collected by HUD. In addition, HUD strongly encourages grantees to coordinate with other local organizations that are planning and carrying out acti vi ties related to prevention and rapid re-housing. Such organizations include other Continuums of Care, FEMA Boards, local agencies responsible for administering and implementing ten-year plans (and other plans) to end homelessness, and agencies that administer mainstream resources such as Temporary Assistance to Needy Families (TANF). HUD also strongly encourages grantees to ensure that program participants are enrolled in all applicable mainstream resources. In palticular, grantees should carefully assess how HPRP funds can be used in conjunction with other funds from the Recovery Act to prevent 2009-116 30 homelessness and rapidly re-house homeless persons, and plan a coordinated approach to serving similar target populations. Federal agencies that received funding for serving persons who are homeless or unstably housed include the U.S. Departments of Education, Health and Human Services, Homeland Security, and Labor. 8. DUNS Number. All grantees and subgrantees are required to register with Dun and Bradstreet to obtain a DUNS number, if they have not already done so, and complete or renew their registration in the Central Contractor Registration (CCR). For more information see 73 FR 23483, April 30,2008 or go to www.dnb.com. 9. Compliance with Fair Housing and Civil Rights Laws. (I) Grantees and subgrantees must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). (2) If the grantee or subgrantee: (a) Has been charged with an ongoing systemic violation of the Fair Housing Act; or (b) Is a defendant in a Fair Housing Act lawsuit filed by the Department of Justice alleging an ongoing pattern or practice of discrimination; or (c) Has received a letter of findings identifying ongoing systemic noncompliance under Title VI of the Civil Rights Act of 1964. section 504 of the Rehabilitation Act of 1973, or section 109 of the Housing and Community Development Act of 1974, and the charge, lawsuit, or letter of findings referenced in subparagraphs (a), (b), or (c) above has not been resolved to HUD's satisfaction before the application deadline, then the grantee is ineligible. HUD will determine if actions to resolve the charge, lawsuit, or letter of findings are sufficient to resolve the matter. Examples of actions that would normally be considered sufficient to resolve the matter include, but are not limited to: (i) A voluntary compliance agreement signed by all parties in response to a letter of findings; (ii) A HUD-approved conciliation agreement signed by all parties; (iii) A consent order or consent decree; or (iv) An issuance of a final judicial ruling or a HUD Administrative Law Judge's 2009-116 31 decision. F. Review and Approval of Applications 1. Review of Applications. HUD will review each application for completeness and consistency with the requirements of this Notice, and will disapprove incomplete and inconsistent substantial amendments in accordance with 24 CFR 91.500. HUD will notify the grantee within 45 days of receipt, and no later than July 2,2009, that it was either accepted or that it did not meet the requirements of Ihis Notice. If HUD fails to review and/or notify the grantee of approval or required resubmission within 45 days of receipt of the application, the grantee may consider it automatically approved. 2. Resubmission. If the application is not approved, the grantee may submit a revised application to HUD, and will have 15 days after BUD sends the first notification of its disapproval to do so, per the same submission requirements above. BUD will then approve or disapprove the revised application within 15 days of receiving the resubmission. 3. Conditional Grant. For HPRP grantees that HUD determines are high risk in accordance with 24 CFR 85.12(a), BUD will apply additional grant conditions in accordance with 24 CFR 85.12(b) (see Appendix 0 of this Notice). Conditional grants may be made where there is substanlial evidence that there has been, or there will be, a failure to meet the requirements of this Notice. In such a case, the reason for the conditional grant, the action necessary to remove the condition, and the deadline for taking those actions will be specified. Failure to satisfy the condition may result in imposition of a sanction or in any other action authorized under applicable federal law . 4. Grant Agreement. The grant will be made by means of a grant agreement executed by HUD and the grantee. The statutory 2- and 3-year deadlines for expenditure of funds begin when the 2009-116 32 grant agreement is signed by HUD. The grantee must sign and return the grant agreement to RUD within 15 days of the date that HUD signs the grant agreement, or risk losing part or all of the grant amount. Grantees should ensure that sufficient planning is in place to begin to expend funds shortly after the grant agreement is executed. 5. Line of Credit. After RUD processes and approves the substantial amendment and there is a fully executed grant agreement, HUD will establish the grantee's line of credit in the amount of funds included in the substantial amendment. up to the allocation amount. V. Post-Award Process Requirements A. Deadlines for Using Grant Amounts I. Grantee Obligation. Grantees must award or enter into legally binding grant agreements with all subgrantees by September 30, 2009. 2. Expenditure. Each grantee must draw down from IDIS 60 percent of its HPRP grant funds within 2 years of the date that HUD signed the grant agreement, and 100 percent of funds within 3 years of this date. No funds may be drawn down from IDIS after the 3-year expenditure deadline. If a grantee cannot spend 60 percent of its grant funds within 2 years of the date that HUD signed the grant agreement, HUD will reallocate the grantee's funds. See Section 1I.B.2 of this Notice for the process of reallocation. B. Method of Payment Payments are made to the grantee upon its request after the grant agreement has been fully executed. Grantees will use the Integrated Disbursement and Information System (IDIS) to draw down funds. A draw-down is a request for payment against a grantee's line of credit for allowable costs (defined in OMB Circulars A-87 and A-I22 (2 CFR parts 225 and 230)) for eligible HPRP activities. Unlike ESG, grantees and subgrantees may be paid in advance, 2009-116 33 pursuant to procedures outlined in 24 CFR 84.22 for non-profit organizations and 24 CPR 85.21 for units of government. C. Timeliness Standards HUD requires Ihat the grantee, or subgrantee if applicable, draw down funds at least quarterly from IDIS. D. Confidentiality Each HPRP grantee or subgrantee must develop and implement procedures to ensure: (I) The confidentiality of records pertaining to any individual provided with assistance; and (2) That the address or location of any assisted housing will not be made public, except to the extent that this prohibition contradicts a preexisting privacy policy of the grantee. E. Termination of Housing Assistance The grantee may terminate assistance to a program participant who violates program requirements. Grantees may resume assistance to a program participant whose assistance was previously terminated. In terminating assistance to a program participant, the grantee must provide a formal process that recognizes the rights of individuals receiving assistance to due process of law. This process, at a minimum, must consist of: (I) Written notice to the program participant containing a clear statement of the reasons for termination; (2) A review of the decision, in which the program Pa11icipant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (3) Prompt written notice of the final decision to the program participant. F. Responsibility for Grant Administration 2009-116 34 Grantees are responsible for ensuring that HPRP amounts are administered in accordance with the requirements of this Notice and other applicable laws. Each grantee is responsible for ensuring that its subgrantees carry out the HPRP eligible activities in compliance with all applicable requirements. G. Recordkeeping Each grantee and subgrantee 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. Sanctions I. HUD Sanctions. If HUD determines that, after following appropriate procedures, a grantee is not complying with the requirements of this Notice or of other applicable federal laws, HUD may (in addition to any remedies that may otherwise be available) take any of the following sanctions, as appropriate: a. Issue a warning letter that further failure to comply with such requirements will result in a more serious sanction; b. Direct the grantee to cease incuning costs with grant funds; or c. Require that some or all of the grant amounrs be remitted to HUD. 2. Grantee Sanctions. If a grantee determines thai a subgrantee is not complying with the requirements of this Notice or other applicable federal laws, the grantee must take appropriate actions, which rnay include the actions described in pru11 of this section. Any grant amounts that become available to a state as a result of a sanction under this section must, at Ihe option of the state, be made available (as soon as practicable) to olher private non-profit organizations or units of general local govemment located in the state for use within the time peliods specified in 2009-116 35 this Notice, or 10 HUD for reallocation. I. Monitoring Grantees are responsible for monitoring all HPRP activities, including activities that are canied out by a subgrantee, to ensure that the program requirements established by this Notice and any subsequent guidance are met. The grantees must follow the monitoring procedures it established in its substantial amendment submitted for HPRP or as described in its approved Consolidated Plan. Monitoring may be conducted by the local HUD Office of Community Planning and Development, HUD's Office of Special Needs Assistance Programs, HUD's Office of Inspector General, HUD's Office of Fair Housing and Equal Opportunity, or another federal agency to determine whether the grantee complied with the requirements of this program. J. Summary of the Expedited Process for HPRP Grant Allocations In combination, the Notice requirements provide the following expedited steps for HPRP grants: . Proposed substantial amendment published according to the citizen action plan, except that the public comment period may be reduced to 12 calendar days; . Final application subrnitted to HUD on or before May 18, 2009 (grant application includes the substantial amendment, SF-424, and certifications); . HUD expedites review, completing all reviews not requiring additional information from the grantee by July 2, 2009; . HUD either accepts the substantial amendment and prepares a cover letter, grant agreement, and grant conditions, or disapproves it after allowing the grantee a resubmission; . Grant agreement is signed by HUD and immediately transmitted to the grantee, "stmiing the clock" for statutory expenditure deadlines; 2009-116 36 . Grantee signs and returns the grant agreements; . After all requirements are complete and approved by HUD, the grantee may draw down funds from the line of credit and reimburse any eligible pre-award costs incurred. . Grantee signs agreements with subgrantees by September 30,2009; . Initial Performance Report is due to HUD October 10, 2009; . Quarterly Performance Reports are due to HUD 10 days after the end of each quarter, and Annual Performance Reports are due 60 days after the end of each federal fiscal year; . Grantee expends 60 percent of grant funds within 2 years of the date that HUD signed the grant agreement. Funds may be recaptured and reallocated if not spent; . Grantee expends 100 percent of grant funds within 3 years of the date HUD signed the grant agreement. Funds will be recaptured if not spent. VI. Reporting Requirements A. IDIS Grantees, and as applicable, subgrantees, will use the Integrated Disbursement and Information System (IDIS) to draw down HPRP funding and report on grant expenditures. B. HMIS The Recovery Act requires HPRP grantees to report client-level data, such as the number of persons served and their demographic information, in a Homeless Management Information System (HMIS) or a comparable database. HMIS is an electronic data collection system that facilitates the collection of infOlmation on persons who are homeless or at risk of becoming homeless, that is managed and operated locally. HPRP grantees and subgrantees providing financial assistance and services directly will use the HMIS in the applicable Continuum of Care to collect data and report on outputs and outcomes as required by HUD. The required data 2009-116 37 elements that will be collected in HMIS for HPRP will be included in the revised HMIS Data and Technical Standards, which are forthcoming. If an HMIS has not been implemented in the HPRP grantee's jurisdiction, the grantee may use an alternate system for collecting and reporting data to HUD as long as it meets the data collection and reporting requirements set forth in this Notice and is consistent with HUD's HMIS Data and Technical standards. A list of Continuums of Care is available at: http://www.hudhre.info/index.cfm?do=viewCocContacts. C. Performance Reports 1. The Recovery Act requires grantees to submit quarterly reports. It also requires grantees to have systems and internal controls in place that allow them to separalely track and report on Recovery Act funds. These reporting requirements are outlined in section 1512 of the Recovery Act, a copy of which can be found at: http://www.hudhre.info/documents/AmericanRecovervReinvestmentAct.pdf (see pages 173- 174). 2. Each grantee must submit the following perfonnance reports to HUD: a. An Initial Performance Report, which must cover the period between the grant agreement execution date and September 30,2009 and which will serve as the first Quarterly PerfOlmance Report. Grantees will provide infOlmation required by Congress and HUD in a format to be presctibed by OMB and HUD, including but not limited to the following items: the total amount of Recovery Act funds received from HUD; the subgrantees and total amounts awarded to each; the amounts of HPRP funds allocated for the four eligible HPRP activity categories (Financial Assistance. Services, Data Collection and Evaluation, and Administrative Costs); the amount expended for each of the above categories; the estimated number of unduplicated individuals and families served; and the estimaled nurnbers of new jobs created and jobs retained. The Initial 2009-116 38 Performance Report will be due on October 10, 2009. b. A Quarterly Performance Report, submitted in a format to be prescribed by HUD. Grantees will report on many of the same items as in the Initial Performance Report, including HPRP funds e~pended by activity type, the number of unduplicated individuals and families served, the number of new jobs created, the number of jobs retained, challenges to effective program operation, and other data items. Quarterly Performance Reports are due within 10 days of the end of each quarter for the period of program operation. and will include current quarter and cumulative data. c. An Annual Performance Report will be submitted to HUD in a format to be prescribed by HUD within 60 days of the end of each federal fiscal year. The first Annual Performance Report is due November 30,2010 for the period ending September 30,2010. In the Annual Perf011l1anCe Report, grantees will report on outputs, such as the number of persons served and the demographic characteristics of persons served, HPRP funds e~pended by activity type, and the number of jobs created and retained, as well as outcomes related to housing stability, to be specified by HUD. Report Type Reporting Period Initial Performance Report - Serves as the Date of HUD obligation of funds to gmntee first Quarterly Perfonnance report. Due through September 30. 2009 October 10.2009. Quarterly Performance Reports - Due 10 October I - December 3 I days after the end of each fiscal quarter in January 1 - March 31 which HPRP funds are expended. April I - June 30 July 1 - September 30 Annual Performance Report- Due 60 days October I - September 30 after the end of the federal fiscal year for e'tch fiscal year in which HPRP funds are expended. 2009-116 39 VII. Other Federal Requirements A. Conflicts of Interest I. General. With respect to the use of HPRP funds to procure services, equipment, supplies or other property, states, territories and units of general local government that receive HPRP funds shall comply with 24 CFR 85.36(b)(3), and non-profit subgrantees shall comply with 24 CFR 84.42. With respect to all other decisions involving the use of HPRP funds, the following restriction shall apply: No person who is an employee, agent, consultant, officer, or elected or appointed official of the grantee and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to panicipate 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 thereunder, either for himself or herself or for those with whom he or she has family or business ties, dUling his or her tenure or for one year thereafter. 2. Exceptions. Upon the written request of the grantee, HUD may grant an exception to the restrictions in paragraph 1 above on a case-by-case basis when it determines that the exception will serve to further the purposes of the HPRP program and promote the efficient use of HPRP funds. In requesting an exception, the grantee must provide the following: a. For states and other govelllmental 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 b. For all grantees, an opinion of the granlee's attorney that the interest for which the exception is sought would not violate state or local law. 2009-116 40 B. Environmental Requirements This Notice does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate, real property acquisition, disposition, leasing (other than tenant- based rental assistance), rehabilitation, alteration, demolition, or new construction, or establish, revise or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CPR 50.19(c)(l), this Notice is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). Moreover, consistent with the provisions for administrative and management expenses, tenant-based rental assistance, and supportive services in 24 CFR 50.19(b)(3), (11), and (12), the eligible activities to be assisted under this Notice are categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.c. 4321) and are not subject to environmental review under the related laws and authorities. C. Habitability Standards Organizations providing rental assistance with HPRP funds will be required to conduct initial and any appropriate follow-up inspections of housing units into which a program participant will be moving. Units should be inspected on an annual basis and upon a change of tenancy. The minimum habitability standards are listed in Appendix C. Grantees may require more stringent standards. D. Nondiscrimination and Equal Opportunity Requirements As stated in section IV.E.8., granlees and sub grantees must comply with all applicable fair housing and civil rights requirements in 24 CFR 5.105(a). In addition, grantees must make known that HPRP rental assistance and services are available 10 all on a nondiscriminatory basis and ensure that all citizens have equal access to information about HPRP and equal access to the 2009-116 41 financial assistance and services provided under this program. Among other things, this means that each grantee must lake reasonable steps to ensure meaningful access to programs to persons with limited English proficiency (LEP), pursuant to Title VI of the Civil Rights Act of 1964. This may mean providing language assistance or ensuring that program information is available in the appropriate languages for the geographic area served by the jurisdiction and that limited English proficient persons have meaningful access to HPRP assistance. This will be a particular issue for state grantees that may not be aware of LEP speaking populations in jurisdictions that are not normally served with ESG funds. To assist grantees, the Department published the "Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons" (72 Federal Register 2732; January 22, 2007). In addilion, all notices and communications shall be provided in a manner that is effective for persons with hearing, visual, and other communication- related disabilities consistent with section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR 8.6. If the procedures that the grantee intends to use to make known the availability of the rental assistance and services are unlikely to reach persons of any particular race. color, religion, sex. age, national origin, familial status, or disability who may qualify for such rental assistance and services, the grantee must establish additional procedures that will ensure that such persons are made aware of the rental assistance and services. E, Affirmatively Furthering Fair Housing Under section 808(e)(5) of the Fair Housing Act, HUD has a statutory duty to affirmatively further fair housing. HUD requires the same of its funding recipients. Grantees and subgrantees will have a duty to affirmatively further fair housing opportunities for classes protected under the 2009-116 Fair Housing Act. Protected classes include race, color, national origin, religion, sex, disability, and familial status. Examples of affirmatively furthering fair housing include: (I) marketing the program to all eligible persons, including persons with disabilities and persons with limited English proficiency; (2) making buildings and communications that facilitate applications and service delivery accessible to persons with disabilities (see, for example, HUD's rule on effective communications at 24 CFR 8.6); (3) providing fair housing counseling services or referrals to fair housing agencies; (4) informing participants of how to file a housing discrimination complaint, including providing the toll-free number for the Housing Discrimination Hotline: 1- 800-669-9777; and (S) recruiting landlords and service providers in areas that expand housing choice to program participants. F. Lead-Based Paint Requirements The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.), as amended by the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.c. 48S1 et seq.) and implementing regulations at 24 CFR part 3S, subparts A. B, M, and R shall apply to housing occupied by families receiving assistance through HPRP. G. Uniform Administrative Requirements All States, TenitOlies, Urban Counties, and Metropolitan cities receiving funds under HPRP shall be subject to the requirements of 24 CFR part 8S. Non-profit subgrantees shall be subject to the requirements of 24 CFR part 84. Note that the closeout requirements apply to all entities receiving HPRP funds, but that no charges may be applied to the grant beyond the Recovery Act's 3-year expenditure deadline, as explained in section V.A.2. 42 2009-116 43 H. Equal Participation of Religious Organizations 1. Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in HPRP. Neither the federal government nor a grantee shall discriminate against an organization on the basis of the organization's religious character or affiliation. 2. Organizations that are directly funded under HPRP may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under HPRP. If an organization conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under HPRP, and participation must be voluntary for the program participants. 3. A religious organization that participates in HPRP 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 HPRP funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide HPRP-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, a HPRP-funded religious organization retains its authority over its internal governance, and it may retain religious terms in ils organization's name, select its board members on a religious basis, and include religious references in its organization's mission statements and other governing documents. 4. An organization that participates in the HPRP program shall not, in providing program assistance, discriminate against a program participant or prospective program par1icipant on the basis of religion or religious belief. 2009-116 44 5. 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, the requirements listed above apply to all of the commingled funds. I. Lobbying and Disclosure Requirements The disclosure requirements and prohibitions of section 319 of the Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990 (31 U.S.C. 1352) (the Byrd Amendment), and implementing regulations at 24 CFR part 87, apply to HPRP. Applicants must disclose, using Standard Form 1.1.1. (SF-LLL), "Disclosure of Lobbying Activities," any funds, other than federally appropriated funds, that will be or have been used to influence federal employees, members of Congress, or congressional staff regarding specific grants or contracts. J. Drug-Free Workplace Requirements The Drug-Free Workplace Act of 1988 (41 U.S.c. 701, et seq.) and HUD's implementing regulations at 24 CFR part 21 apply to HPRP. K. Procurement of Recovered Materials State agencies and agencies of a political subdivision of a state that are using assistance under a HUD program for procurement, and any person contracting with such an agency with respect to work performed under an assisted contract, must comply with the requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with section 6002, these agencies and persons must procure items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a salisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the 2009-116 45 quantity acquired in the preceding fiscal year exceeded $10,000; must procure solid waste management services in a manner that maximizes energy and resource recovery; and must have established an affirmative procurement program for procurement of recovered materials identified in the EP A guidelines. I/~d 1 9 2CC!J Dated: Shaun Donovan Secretary [FR-5307-N-Ol] VlIl. Appendices Appendix A: Eligible Grantees 2009-116 46 The following list indica1es all grantees eligible to receive assistance under HPRP. This list is also available at: http://www.hud.gov/recoverv/homelesspreventrecov.xls. State Grantee Name AIJocation Amounts AK AK State Program $1,143,986 AK Anchorage $776,469 AI.. AL State Program $13,328,942 AI.. Birmingham $2,735,730 AI.. Huntsville $529,697 AI.. Jefferson County $845,709 AI.. Mobile $1,186,394 AI.. Mobile County $586,571 AI.. Montgomery $860,653 AR AR State Program $10,530,746 AR Little Rock $682,197 AS American Samoa $412,935 AZ AZ State Program $7,033,520 AZ Chandler $575.271 AZ Glendale $914,122 AZ Maricopa County $900,303 AZ Mesa $1,405,094 AZ Phoenix $6,996,243 AZ Pima County $1,063,430 AZ Tempe $661,474 AZ Tucson $2.534,340 CA CA Stale Program $44,466,877 CA Alameda $552,208 CA I Alameda County $802,915 CA Alhambra $567,605 CA Anaheim $2,046,908 CA Bakersfield $ 1.372,351 CA Baldwin Park $605.041 CA Berkeley $1,332,952 CA Chula Vista $8 I 9,738 CA Compton $848,514 CA Contra Costa County $1.421,55t CA Costa Mesa $560,237 CA Daty City $510,070 CA Downey $611,834 CA EI Cajon $512,686 CA EI Monte $1,110,506 CA Escondida $709,782 CA Fontana $783.380 State Grantee Name Allocation Amounts CA Fremont $682,331 CA Fresno $3,130,746 CA Fresno County $1,634,630 CA Fullenon $622,710 CA Garden Grove $1,068,707 CA Glendale $1,346,899 CA Hawthorne $703,261 CA Hayward $703,342 CA Huntington Beach $566,611 CA Huntington Park $656,002 CA 1nglewood $918,344 CA Irvine $540,656 CA Kern County $2,076,503 CA Lancaster $564,646 CA Long Beach $3,566,451 CA Los Angeles $29,446,304 CA Los Angeles County $12,197,108 CA Lynwood $646,575 CA Marin County $659,106 CA Merced $515,203 CA Modesto $966,016 CA Moreno Valley $732,872 , CA Norwalk $633,782 I CA Oakland $3,458,120 CA Oceanside $742,791 CA Ontario $997.869 CA Orange $545,636 CA Orange County $1,556,026 CA Oxnard $1.124,994 CA Palmdale $615,530 CA Pasadena $908,395 CA Pomona $1,164.766 CA Rialto $546,485 CA Richmond $559,735 CA Riverside $1,383.070 CA Riverside County $4,276,900 CA Sacramento $2,375.126 CA Sacramento County $2,396,773 CA Salinas $1,013,978 81Me Grantee Name Allocation Amounts CA San Bernardino $1,455,066 CA San Bernardino County $3,040,382 CA San Diego $6.168,104 CA San Diego County $1,925,974 CA San Francisco $8,757,780 CA San Joaquin County $1,460,619 CA San Jose $4.128,763 CA San Luis Obispo County $855,184 CA San Mateo County $1,166.526 CA Santa Ana $2,831,989 CA Santa Barbara County $829,Q13 CA Santa Clara County $717,484 CA Santa Maria $521,839 CA Santa Monica $553,576 CA Santa Rosa $516,527 CA Sonoma County $817.572 CA South Gate $865,273 CA Stanislaus County $1.023,163 CA Stockton $1,725,572 CA Sunnyvale $508,191 CA Ventura County $826,094 CA Westminster $511.454 CO CO State Program $8,154,036 CO Adams County $836.047 CO Aurora $1.009,717 CO Colorado Springs $1,043,089 CO Denver $3,769,259 CO Pueblo $678,970 CT CT State Program $10,818,309 CT Bridgeport $1,351,004 CT Hartford $1,572.727 CT New Britain $772 ,694 CT New Haven $1,514,570 CT Waferbury $931.128 I DC District OfCoJumbia $7,489.476 I DE DC State Program $934,980 DE New Castle County $978,285 DE Wilmington $1,008.057 FL FL State Program $21,507,109 FL Brevard County $644,208 FL Broward County $1.579,569 FL Collier County $888,850 FL Escambia County $855.417 FL Ft Lauderdale $852,872 FL Gainesville $567,404 FL Hialeah $1.734,021 2009-116 47 State Grantee Name Allocation Amounts FL Hillsborough County $2,458,811 FL Hollywood $625,671 FL Jacksonville-Duval Count $2,779,039 FL Lee County $881,538 FL Manatee County $635,485 FL Marion County $727,072 FL Miami-Dade County $7,468,222 FL Miami $3.392,918 FL Miami Beach $715,418 FL Miami Gardens City $567,612 FL North Miami $507.641 FL Orange County $2.523,982 FL Orlando $921.665 FL Palm Beach County $2,823,87 t FL Pasco County $1,055,241 FL Pinel las County $1.237,464 FL Polk County $1,222,920 FL Pompano Beach $507.694 FL Sarasota County $581,819 FL Seminole County $991,180 FL St Petersburg $914,999 FL Tallahassee $784.267 FL Tampa $1.538,393 FL Vol usia County $805,614 GA I GA State Program $19.084,426 GA Athens-Clarke County $604.969 GA Atlanta $3.441.091 GA Augusta~Richmond County $927,319 GA Clayton County $856,410 GA Cobb County $1.337,048 GA Colu~bus-Muscogee County $740,907 GA De Kalb County $2,359,998 GA Fulton County $896,069 GA Gwinnett County $1,713,730 GA Macon $541,299 GA Savannah $1,121,523 GU Guam $1,221,922 HI HI State Program $2.166,888 -- HI Honolulu $4,016,074 IA IA Slate Program $11,866,889 IA Cedar Rapids $536.843 IA Davenport $711,923 lA Des Moines $1,763,874 IA Dubuque $502,294 1A Sioux City $779,497 IA Waterloo $570,88 j State Grantee Name Allocation Amounts ID ill State Program $4,438,807 ID Boise $533,411 IL IL State Program $20,286,504 lL Aurora $506,883 lL Berwyn $559,545 IL Chicago $34,356,259 IL Cicero $581,065 IL Cook County $4,121,046 IL Decatur $623,309 IL Du Page County $1,443,723 II. East St Louis $750,339 lL Evanston $801,460 IL Kane County $517,394 IL Lake County $1,057,106 IL Madison County $566,987 IL McHenry County $540,732 IL Oak Park $796,581 IL Peoria $790,404 IL Rockford $861,073 lL Springfield $516,191 IL St Clair County $586,413 IL Will County $602,271 IN IN State Program $16,293,551 IN East Chicago $559,073 IN Evansville $1,217,598 IN Fort Wayne $874,319 IN Gary $1,498,882 IN Hammond $948,137 IN Indianapolis $3,942,177 IN Lake Coumy $550,643 IN Muncie $590,276 IN South Bend $1,148,607 IN TeITe Haute $760,163 KS KS State Program $8,360,995 KS Kansas City $1,003,797 KS Topeka $816,686 KS Wichita $1,168,490 KY KY State Program $12,157,352 KY Covington $679,522 KY Lexi nglan. Fayette $849,668 KY Louisville $4,870,830 LA LA State Program $13,541,639 LA Baton Rouge $1,734.745 LA Houma-Terrebonne $507,405 LA Jefferson Parish $1,469,179 LA Lafayette $672,893 2009-116 48 State I Grantee Name Allocation Amounts LA I New Orleans , $7,578,168 LA Shreveport $1,072,168 MA MA State Program $18.443,744 MA Arlington $533,800 MA Boston $8,209,151 MA Brockton $610,110 MA Brookline $667,436 MA Cambridge $1,302,128 MA Chicopee $531,528 MA Fall River $1,232,852 MA Holyoke $551,671 MA Lawrence $710,503 MA Lowell $979,Q48 MA Lynn $1,033,392 MA Malden $636,677 MA Medford $716,681 MA New Bedford $1.228,020 MA Newton $923,339 MA Pittsfield $613,738 MA Quincy $848,274 MA Somerville $1,181,067 MA Springfield $1,700,802 MA Worcester $1,904,831 MD MD State Program $5,680,393 MD Anne Arundel County $865,183 MD Bal ti more $9,523,896 MD Baltimore County $1,721,080 MD Montgomery County $2,104,743 MD Prince Georges County $2,512,242 ME Me State Program $6,575,089 ME Cumberland County $605,763 ME Portland $876,120 Ml MI State Program $22,108,890 MI Battle Creek $531,444 MI Bay City $592,249 MI Dearborn $873,199 MI Detroit $15,234,947 MI Flint $1.763,839 Ml Genesee County $756,066 Ml Grand Rapids $1.650,890 M1 Jackson $568,942 IMI Kalamazoo $758,089 . Ml Kent County $639,448 MI Lansing $898,823 Ml Macomb County $687,708 MI Oakland County $1,553,232 Slale Grantee Name Allocation Amounts MI Pontiac $633,479 MI Royal Oak $558.226 MI Saginaw $1,022,177 MI Wayne County $2,308,510 MN MN State Program $10,865,236 MN Dakota County $704,252 MN Duluth $1.162,800 MN Hennepin County $993.01t MN Minneapolis $5,520,902 MN St Louis County $1.001,832 MN StPaul $3.298,163 MO MO State Program $12,011,262 MO Kansas City $3,628,139 MO Springfield $551,673 MO St Joseph $727,371 MO StLouis $8,156,188 MO 3t Louis County $2,188.751 MP Northern Marianas $589,165 MS Ms Stale Progra m $13,348,427 MS Jackson $1,031,154 MT MT State Program $3,731,327 NC NC State Program $22.t57,468 NC Asheville $509,460 NC Charlotte $1,930,217 NC Durham $789,101 NC Fayetteville $589,648 NC Greensboro $781,141 NC Raleigh $991.091 NC Wake County $582,164 NC Winston-Salem $748.097 ND ND State Program $2,582,637 NE Ne State Program $5,128,578 NE Li ncol n $726,148 NE Omaha $2,017,088 NH NH Slate Program $4,612.322 NH Manchester $766,545 NI NJ State Program $10,221.710 NJ Atlantic City $553,438 NJ Atlantic County $545,890 NJ Bayonne $779,080 NJ Bergen County $4.333,887 NJ Burlington County $663,041 NJ Camden $1,149,122 NJ I Camden County $1.057,935 NJ I Clifton $581,485 NJ I East Orange $693.362 2009-116 49 State Grantee Name Allocation Amounts NJ Elizabeth $839,604 NJ Essex County $2,520,882 NJ Gloucester County $581,762 NJ Hudson County $1,535,992 NJ Jersey City $2,676,991 NJ Middlesex County $800,475 NJ Monmouth County $1,240,040 NJ Morris County $931.156 NJ Newark $3,533,348 NJ Paterson $1,184,137 NJ Somerset County $519,821 NJ Trenton $1,251,452 NJ Union City $555.355 NJ Union County $2,169,536 NM Nm State Program $6.778.653 NM Albuquerque $1,807,256 NV NV State Program $2,035,393 NV Clark County $2,595,173 NV Las Vegas $2,105,118 NV North Las Vegas $677 ,704 NV Reno $836.301 NY NY State Program $25.527,382 NY Albany $1,523,772 NY Babylon Town $526,925 NY Binghamton $955,655 NY Buffalo $6,594,081 NY Dutchess County $654.862 NY Elmira $560,951 NY Erie County $1.209.200 NY Islip Town $840,437 NY Jamestown $573.5 17 NY Monroe County $789,300 NY Mount Vernon $745,701 NY Nassau County $6,458,352 NY New Rochelle $686.935 NY New York $73,929,729 NY Niagara Falls $1,0}7,411 NY Onondaga County $897,454 NY Orange County $713,117 NY Roc hester $3.954,235 NY Rockland County $860,643 NY Schenectady $1,048,938 NY Suffolk County $1,511,657 NY Syracuse $2,524,997 NY Tonawanda Town $772.574 NY Troy $845,286 State Grantee Name AlIocation Amount.;; NY Union Town $578,66 t NY Utica $1,192,417 NY Westchester County $2.373,791 NY Yonkers $1,533,003 OH OH State Program $26.205,724 OH Akron $2,790,522 OH Canton $1,183,577 OH Cincinnati $5,339,182 OH Cleveland $9,801,913 OH Cleveland Heights $715,677 OH Columbus $2,642,649 OH Cuyahoga County $1,552,324 OH Dayton $2,595,505 OH Franklin County $746,920 OH Hamilton City $605,828 OH Hamilton County $1,396,621 OH Lake County $575,083 OH Lakewood $902,439 OH Lima $506,015 OH Lorain $502,230 OH Montgome-ry County $759,496 OH Springfield $815,869 OH Stark County $589,412 OH Toledo $3,275,494 OH Warren $541,184 OH Y Dungstown $1,610,332 OK OK State Program $8,Wl,391 OK Oklahoma City $2,161,404 OK Tulsa $1,513,504 OK Tulsa County $521,635 OR OR State Program $7,873,436 OR Clackamas County $871,505 OR Eugene $567,404 OR Portland $4,172,282 OR Salem $597,562 OR Washington County $824,990 PA P A State Program $23,411,484 PA Allegheny County $6,714,064 PA Allentown $1,129,049 PA AJtoona $819,7t8 PA Beaver County $1,596,719 PA Berks County $1,109,659 PA Bethlehem $687,480 PA Bucks County $975.905 PA Chester $586,664 PA Chester County $1.130,871 2009-116 50 Stale Grantee Name Allocation Amounts PA Cumberland County $558,742 PA Dauphin County $621,187 PA Delaware County $1,700,587 PA Erie $1,458,364 PA Harrisburg $855,478 PA Johnstown $644,490 PA Lancaster $738,012 PA Lancaster County $1,382,274 PA Lehigh County $574,614 PA Luzerne County $2.057,026 PA Mckeesport $500,957 PA Montgomery County $1,514,639 PA Northampton County $738,192 PA Philadelphia $21,486,240 PA Pittsburgh $6,848,936 PA Reading $1,267,021 PA Scranton $1,401,868 PA Upper Darby $797,813 PA Washington County $1,762,094 PA Westmoreland County $t,832,195 PA Wilkes-Barre $794,109 PA Williams port $518,859 PA York $693,600 PA York County $t,074,741 PR PR State Program $20,835,644 PR Aguadilla Municipio $764,657 PR Arecibo Municipio $1,124,937 PR Bayamon Municipio $1,874,802 PR Cabo Raja Municipio $509,023 PR Caguas Municipio $1,390,581 PR Canovanas Municipio $548,313 PR Carolina Municipio $1,596,195 PR Cayey Municipio $536,499 PR Guayama Municipio $506,041 PR Guaynabo Municipio $786,550 PR Humacao Municipio $642,921 PR Isabela Municipio $537,621 PR Juana Diaz Municipio $651,677 PR Manati Municipio $542,285 PR Mayaguez Municipio $1,168,388 PR Ponce Municipio $2,118.806 PR Rio Grande Municipio $587,542 PR San Juan Municipio $4,253,787 PR San Sebastian Municipio $568,040 PR Toa Alta Municipio I $635,194 PR Toa Baja Municipio I $871,335 State Grantee Name Allocation Amounts PR Trujillo Alto Municipio $643,815 PR Vega Baja Municipio $706,348 PR YaueD Municipio $601,387 Rl RI State Program $3,282,670 Rl Pa wtucket $845,934 RI Providence $2,303,402 Rl Woonsocket $545,802 SC SC State Program $11,136,176 SC Charleston County $831,1 25 SC Columbia $524,731 SC Greenville County $984,729 SC Horry County $622,075 SC Lexington County $588,970 SC Richland County $568,201 SC Spartanburg County $532,752 SD SD State Program $3,254,060 TN TN State Program $13,467,433 TN Chattanooga $712,946 , TN Knoxville $771,803 TN Memphis $3,329,685 TN Nashville-Davidsofl $2,012,994 TX TX State Program $41,472,772 TX Amarillo $739,071 TX I Arlington $1,304,792 TX Austin $3,062,820 TX Beaumont $741,325 TX Bexar County $70],160 TX Brazoria County $707,747 TX BrownsvilJe $1,347,839 TX Corpus Christi $1,393,181 TX Dallas $7,187,357 TX Dallas County $866,753 TX EI Paso $3,492,976 TX Fort Bend County $777,971 TX Fort Worth $2,746,929 TX Galveston $585.604 TX Garland $858,997 TX Grand Prairie $569,746 TX Harris County $4,463,96 t TX Hidatgo County $3,463,905 TX Houston $12,375,861 TX Irving $930,680 TX Laredo $1,490,976 TX Lubbock $947,453 TX Mc Allen $733,518 TX Montgomery County $741,614 2009-116 51 State Grantee Name Allocation Amounts TX Pasadena $790,214 TX Piano $509,050 TX Port Arthur $564,089 TX San Antonio $5,974,286 TX Tarrant County $1,156,125 TX Waco $685,599 TX Wichita Falls $583,425 DT UT State Program $5,021,811 UT Provo $700,321 DT Salt Lake City $1,680,347 DT Salt Lake County $1,005,916 VA V A State Program $11,389,160 VA Alexandria $512,214 VA Arlington County $728,367 VA Chesapeake $507,406 VA Chesterfield County $515,089 VA Fairfax County $2,462,398 VA Henrieo County $603,481 VA Newport News $659,087 VA Norfolk $2,097,ffl9 VA Portsmouth $724,490 ,. VA Prince William County $789,775 VA Richmond $2,044,088 VA Roanoke $766,017 VA Virginia Beach $1,010,599 VI Virgin Islands $775,978 VT VT State Program $3,398,824 WA W A State Program $11,126,387 WA Clark County $559,180 WA King County $1,863,675 WA Pierce County $1,224,64] I WA Seattle $4,993,052 WA Snohomish County $1,262,714 WA Spokane $1,564,373 WA Spokane County $622,278 WA Tacoma $1,182,824 WA Vancouver $549,529 WI WI State Program $17,101.862 WI Madison $817,092 WI Milwaukee $6,912,159 WI I Milwaukee County $712,755 WI Racine $817,554 WI West Allis $574,434 WV WV State Program $7,977 ,649 WV Charleston $760,168 WV Hunrington $854,337 2009-116 52 Appendix B: Comparison of ESG and HPRP Emergency Shelter Grants (ESG) Homelessness Prevention and Rapid Program Re-Housing Program (HPRP) Amount . $160 million in FY 2009 . $1.5 billion one-time appropriation Available Eligible . States (51, including Puerto Rico) . States (51, including Puerto Rico) Grantees Metropolitan cities (203 in FY Metropolitan cities (337) and urban . . 2009) and urban counties (102 in counties (148) FY 2009) . Total number of grantees (including . Total number of grantees (including 4 territories): 540 4 territories): 360 Eligible . Territories and local government . Territories and local government Sub- grantees may provide ESG funds grantees may provide HPRP funds Recipients for projects operated by their own for projects operated by their own agencies and private non-profit agencies, other local governments, organizations. and private non-profit . State grantees must provide all organizations. funds to local governments or . State grantees must provide all private non-profit organizations funds to local governments or acting as sub-recipients. private non-profit organizations, except for a reasonable portion of funds for administrative costs. Eligible . Renovation, major rehabilitation, or . Financial assistance, including Activities conversion of a building to a short-term rental assistance (up to 3 shelter. months) and medium-term rental . Essential Services (limited to 30 assistance (up to 18 months), percent of grant, can be waived). security deposits, utility deposits, . Operations of homeless shelters utility payments, moving costs, and hotel/motel vouchers. (staff salaries for operations Housing relocation and stabilization management limited to 10 percent . of grant). services, including case . HomeJessness Prevention, including management, outreach, housing search and placement, legal short-term mortgagelrent, short- services, and credit repair. tenD utilities, security deposits, first month's rent, landlord-tenant . Data collection and evaluation, mediation, tenant legal services including HMIS costs. (limited by law to 30 percent of . Administration (limited to 5 percent grant). of grant). . Administration (limited to 5 percent of grant). 2009-116 53 Eligible . Homeless persons . Homeless persons and persons at Program . Persons at risk of becoming risk of becoming homeless, who Participants homeless who must meet four meet the following three criteria: specific criteria to receive - Any individual or family homelessness prevention assistance: receiving rental assistance must The inability of the family to have at least an initial - consultation with a case make the required payments is manager to determine need. due to a sudden reduction in income; - Household must be at or below - The assistance is necessary to 50 percent of Area Median avoid the eviction or Income (AMI) termination of services; - Household must meet both of There is a reasonable prospect the following circumstances: - (1) no appropriate subsequent that the family will be able to housing options have been resume payments within a identified; AND reasonable period of time; and (2) the household lacks the - The assistance will not supplant financial resources and support funding for pre-existing networks needed to obtain homelessness prevention immediate housing or remain in activities from other sources. its existing housing. Allocation . Based on the previous year's . Based on FY2008 CDBG formula; Formula . Community Development BLock minimum grant allocation set by Grants (CDBG) formula, with HUD Secretary at $500,000. minimum grant allocation at 0.05 percent of the total. Territories receive 0.2 percent of the total ESG allocation. Match . Match grant funds with an equal . No match is required for HPRP. amount of funds from cash or in- kind sources, with states exempt from matching the first $100,000 of their awards. Expenditure . Local government: spend all ESG . All grantees must spend at least 60 Deadlines grant funds within 24 months of percent of funds within 2 years of grant award. the date that HUD signs the grant . State grantees: make grant funds agreement, and 100 percent of available to subrecipients within 65 funds within 3 years of this date. days of the grant award by HUD . HUD may recapture unexpended with obligation by 180 days of funds in violation of the 2-year availability from the state, and expenditure requirement and spent within 2 years of grant award. reallocate such funds to grantees in 2009-116 54 State prevention funds should be compliance with that requirement. available within 180 days, and obligated and spent within 30 days, and 180 days respectively. Reporting . Integrated Disbursement and . IDIS: Request HPRP payments and and Access Information System (IDIS): report accomplishments of Program Request ESG payments and report . HMIS: Collect data on use of funds Funding accomplishments and persons served . HMIS: Collect beneficiary data . Quarterly reporting required by . Consolidated Annual Performance Recovery Act: BUD will establish and Evaluation Reporting (CAPER) requirements pursuant to direction bv OMB 2009-116 55 Appendix C: Habitability Standards for HPRP Organizations providing rental assistance with HPRP funds will be required 10 conduct initial and any appropriate folJow-up inspections of housing unils into which a program participant will be moving. Following are the habitability standards that grantees must follow: (a) State and local requirements. Each grantee or subgrantee under this Notice must ensure that housing occupied by a family or individual receiving HPRP assistance is in compliance with all applicable state and local housing codes, licensing requirements, and any other requirernents in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing or services. (b) Habitability standards. Except for less stringent variations as are proposed by the grantee or subgrantee and approved by HUD, housing occupied by a family or individual receiving HPRP assistance must meet the following minimum requirements: (I) Structure and materials. The structures must be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the residents from the elements. (2) Access. The housing must be accessible and capable of being utilized without unauthorized use of other private properties. Structures must provide alternate means of egress in case of fire. (3) Space and security. Each resident must be afforded adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (4) Interior air quality. Every room or space must be provided with natural or mechanical ventilation. Structures must be free of pollutants in the air at levels that threaten the health of residents. (5) Water supply. The water supply must be free from contamination. 2009-116 56 (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 alann system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. (ii) The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas. 2009-116 57 Appendix D: Special Grant or Subgrant Conditions for "High-Risk" Grantees (a) A grantee or subgrantee may be considered high risk if HlJD determines that a grantee or subgrantee: (1) Has a history of unsatisfactory performance, or (2) Is not financially stable, or (3) Has a management system which does not meet the management standards set forth in this part, or (4) Has not conformed to terms and conditions of previous awards, or (5) Is otherwise not responsible; and if the awarding agency determines that an award will be made, special conditions and/or restrictions shall correspond to the high risk condition and shall be included in the award. (b) Special conditions or restrictions may include: (I) Payment on a reimbursement basis; (2) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given funding period; (3) Requiring additional, more detailed financial reports; (4) Additional monitoring; (5) Requiring the grantee or subgrantee to obtain technical or management assistance; or (6) Establishing additional prior approvals. (c) If an awarding agency decides to impose such conditions, the awarding official will notify the grantee or subgrantee as early as possible, in writing, of: (I) The nature of the special conditionsfrestrictions; (2) The reason(s) for imposing them; 2009-116 (3) The corrective actions which must be taken before they will be removed and the time allowed for completing the corrective actions; and (4) The method of requesting reconsideration of the conditionslrestrictions imposed. 58