SR-301-004 (9)
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JAN 2 6 1988
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CM:JNG
council Meeting l-26-88
Santa Monica, California
TO:
Mayor and City Council
FROM:
City staff
~.
SUBJECT:
Recommendation to Approve the Short-Term Use of city
Property at 602-620 Colorado Avenue by Non-Profit
Human Services Agencies, Including Homeless Services,
and to Authorize the city Manager to Negotiate and
Execute Necessary Documents.
INTRODUCTION
In July of 1987, the Federal stewart B. McKinney Homeless
Assistance Act was signed into law, which makes additional
funding available for rehabilitation of facilities and operation
of community-based services to the homeless.
Covering a wide
range of services and utilizing existing funding mechanisms
through several Federal Departments and state and County
government, the McKinney Act is intended to channel funds into
communities
within
an
extremely
short
period
of
time.
Consequently,
grant
application
submittal
and
funding
notification deadlines have been very short.
city staff has
worked intensively over the last three months with various
service providers in the community, to develop funding proposals
in response to this opportunity for substantial funding of
critically needed homeless services.
On November 24, 1987, the city Council authorized city staff to
submi t funding applications for homeless services to the state
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II-C
JAN 2 6 1988
---
Department of Housing and Community Development's program for
Supplemental Assistance for Facilities to Assist the Homeless
(SAFAH) and the U. S. Department of Housing and Urban
Developmentls Federal Emergency Shelter Grants Program (FESGP).
Applications were submitted in early December and the city was
recently notified that the SAFAH funding application in the
amount of $179,437 has been approved by HUD. FESGP funding
awards will be announced on February 3, 1988.
As such, the following outlines next steps the City Council must
take to enable staff to move forward to develop various homeless
services with this funding award and the pending FESGP proposal.
In particular, this report recommends that the City Council: 1)
approve the short-term use of city property at 602-620 Colorado
Avenue for operating agreements with non-profit human services
agencies, including homeless services; 2) authorize the City
Manager to negotiate and execute the release of Richards Surgical
from their current lease with the City: 3) approve city matching
funds for both the SAFAH funds already received and the FESGP
funds, in the event they are awarded to the City; 4) authorize
the City Manager to negotiate and execute any documents necessary
to implement SAFAH and FESGP-funded programs and operating
agreements with non-profit agencies; and 5) approve
appropriation authority in the amount of $179,437 so that the
city may participate in the SAFAH program.
BACKGROUND
social services Facilities Needs
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During FY 1986-87, the city council directed City staff to
initiate efforts to find additional facilities for human service
programs in the community. Specifically, as a part of the
1987-88 Community Development Plan which was approved by the
Council in June of 1987, the city council approved a planning
effort to continue to assist non-profit human service providers
in locating stable, affordable facilities to avoid the loss of
important agencies and services in Santa Monica. Al though the
new Ken Edwards Center for Community Services will meet the space
needs of a few agencies, many more agencies require additional
square footage.
In addition, upon approving the 1986-87 Cold Weather Homeless
Voucher Program, the Council asked staff to begin efforts to
locate additional shelter facilities for the homeless. Staff has
explored several options without success due to their high cost
or inappropriate location.
602-620 Colorado Avenue
In October of 1984, the City purchased the property at 602-620
Colorado Avenue to provide for future expansion of the Cityls bus
yards. Because the property was not immediately needed for this
expansion, the existing lessee at the time of the city's
purchase, Richards Surgical, was allowed to continue in a
long-term lease of the property through July 31, 1992. Recently,
however, the lessee has asked for permission to vacate the
property and sublease it, pursuant to provisions in its agreement
with the City.
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In reviewing this request, the city considers release of Richards
Surgical from their lease rather than sublease of the facility to
be the more prudent action because it allows the City to have
closer control of the property as it moves toward planning for
future expansion of the bus yards. In the interim, while
expansion planning is completed and in light of the critical
space needs of many non-profit agencies in the community, city
staff began considering the property as a potential short-term
site for both human service programs and specific homeless
services.
DISCUSSION
Conceptual Plan for Homeless services
currently, there is a 5,400 square foot production area at the
proposed site with existing restroom and locker room facilities.
The area faces onto the interior parking area of the property and
could be entered from 7th street. The separate interior entry
would provide a relatively private outdoor space for homeless
services entry, thus avoiding problems with clients congregating
for services in more publicly visible areas.
After careful assessment of the current needs of homeless
services and the funding available for rehabilitation, it was
concluded that grant applications submitted to HUD and HCD for
funding of additional homeless services in Santa Monica under the
SAFAH and FESGP programs should propose the establishment of
services at the 602-620 Colorado Avenue site as outlined below.
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Homeless Day services - Currently Ocean Park community Center
(OPCC) provides emergency services, case management and
counseling/advocacy out of its facility at 245 Hill in Ocean
Park. While extensive work has been done with the
surrounding neighborhood to mitigate the effects of serving
so many people each year on an emergency basis, the facility
is clearly inadequate to meet the client demands for service
in a residential area. Therefore, it is proposed that
approximately 3,000 square feet of the proposed site be
devoted to transferring some of the OPCC day service
functions to this locations. Functions remaining at the Hill
street site would include counseling and scheduled services.
Emergency services, initial intake and case management would
occur at the new site.
The City applied for and was recently awarded $179,437 in
funds through the special SAFAH Program. The funds are to be
used for the rehabilitation of the space and to partially
offset the operating costs of the OPCC program outlined
above. In turn, the City would be responsible for the costs
of architectural design and project management for the
rehabilitation work, estimated to cost approximately $9,139,
and to contribute rent in-kind, which would be approximately
$30,600 per year plus an annual CPI inflator.
Day Break Shelter for Women - One goal of Santa Monica I s
efforts to provide effective and comprehensive homeless
services is to develop a continuum of services for specific
target groups. One target group is homeless women who tend
to shy away from traditional services and fear congregating
in larger facilities. The first steps taken to address the
needs of this group were the provision of outreach services
through the Parks Outreach Team, and the Day Break Day Center
where approximately l5 women are provided with a place to
rest during the day, wash clothes, eat and receive
counseling.
The next step is to provide a night shelter facility that is
non-threatening and will provide them with the next stage of
housing to allow them to continue working toward stability
and self-sufficiency. It is proposed that a l5-bed shelter
be located in approximately 2,400 square feet at the new site
to serve this group.
The City, in conjunction with OPCC, has applied to the FESPG
Program administered by HCD for funds in the amount of
$115,941 for renovation and operating expenses of the
proposed shelter site. Funding notification is due from HeD
on February 3, 1988. In turn, the City would be responsible
for the costs of architectural design and project management
estimated to be approximately $14,678, and to contribute rent
in-kind which would cost approximately $24,480 per year plus
an annual CPI inflator.
In addition, opec has applied to the State Emergency Shelter
Program (ESP) for funds to purchase furnishings and for
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staffing costs. OPCC has been notified that they are fourth
on the list of nominees by the local FEMA Board for such
funding. The application must now be reviewed by state HCD,
but with local FEMA support, state funding is assured. The
opcc application requested $27,000 for the purchase of
furnishings and partial staffing of the Daybreak nighttime
shelter.
At the request of the city, the county has also agreed to
tentatively include $30,000 of operating funds for the
Daybreak shelter in its special McKinney Act Mental Health
Demonstration Grant proposal, to be awarded if the shelter
does become operational. city staff and OPcc are also
developing a plan for obtaining additional operating funds
through state and private sources. As an example, the Los
Angeles Partnership for the Homeless has indicated an
interest in funding the operating costs of the proposed
shelter and has urged opec staff to submit an application
for the Partnershipls spring funding cycle.
Plan for Use of city-owned property for Short-Term Leases to
Human Service programs
Given the location of the site in a non-residential, primarily
commercial/light industrial area (with only light retail uses)
and its physical layout which allows for separation of various
services along the Colorado Avenue frontage as well as from the
interior parking area, this facility is ideally suited for a
range of programs with a number of different entries. In
particular, the city would encourage use of the space by homeless
serving agencies to further complement the advocacy and shelter
services currently being proposed for the site.
A feasibility study of utilizing the site for this purpose was
recently conducted by City staff, resulting in the following
information:
Space Availability - Aside from the 5,400 square feet of
space which has been allocated for the proposed OPCC Advocacy
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Center and the Day Break Shelter, approximately 28,300 square
feet of office, production area and warehouse space would be
available for use by non-profit agencies in the main
building. Approximately l2 ,000 square feet represents
improved office space which requires only minor clean-up,
while 6,000 square feet of space would require minor
renovation and 10,300 square feet of production and warehouse
space would require rehabilitation were the space to be
utilized for offices. In addition, an l, 800 square foot
warehouse is available as a separate building on the
southeast corner of the property. The building was brought
up to building and fire code standards when the city
purchased the property in 1984.
SAFAH and FESGP grant funds will be utilized for renovation
of square footage to be devoted to the proposed homeless
services and the Rand Corporation, which has indicated an
interest in utilizing 10,000 square feet, will pay for their
own renovation costs. City staff will develop a renovation
plan for the remaining square footage once tenant occupancy
requirements are known.
Demand for Space by Human Service Agencies - Surveying only
ci ty-funded grantees, eight agencies indica ted interest in
the facility within the first four to six months, utilizing
approximately 18,300 square feet. In addition, as noted
above, the Rand corporation has indicated an interest in
lO,OOO square feet of the facility on the west end of the
building. Based on staff's experience with non-profit
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organizations in Santa Monica, it is further projected that
additional tenants not surveyed would be interested in
obtaining space.
If approved in concept by the City Council, the following steps
will be taken by staff: 1) development of tenant selection
criteria and tenant selection timeline; 2) development of a
phased plan for tenant occupancy and proj ected rental income
schedule; 3) development of a plan for renovation of
warehouse/production space, identifying sources of funding and a
timeline; 4) negotiation and execution of short-term operating
agreements with selected non-profit agencies.
Public Notice
In preparation for City council discussion of the proposed use of
the 602-620 Colorado Avenue site as outlined above, City staff
hand delivered notices regarding Council discussion of the issue
to neighboring property owners and tenants within a 300 foot
radius of the Colorado Avenue site on January 15th. A copy of
the public notice is attached (Attachment I) In addition, staff
of OPCC have canvassed the surrounding neighborhood in the past
ten days to attempt to answer questions and concerns expressed by
surrounding property owners and businesses.
FISCAL/BUDGETARY IMPACT
Proposed City Contribution to Homeless Services:
- B -
The SAFAH grant award of $179,437 requires the following City
contribution to the Advocacy Center program proposed for the
site:
Architectural Design Services
Project Management Services
In-Kind Rent contribution
$6,158
$2,981
3 yrs for 3,000 sq. ft.
The FESGP grant, if awarded, will require the following City
contribution to the Day Break Shelter program:
Architectural Design/Project Mgmt.
In-Kind Rent contribution
$141678
3 yrs for 2,400 sq. ft.
Either CDBG funds or homeless program funds resulting from the
Development Agreement with J. H. Snyder will be utilized to pay
for the City's contribution required for the Advocacy Center and
Shelter programs.
Rental Income Potential from Non-Profit Agencies:
It is City staff I s intention to negotiate both the release of
Richards Surgical from their long-term lease of the site and the
short-term operating agreements with non-profit agencies so as to
maintain the same level of rental income for the Transportation
Fund as was projected through 1992 from the original lease
agreement with Richards Surgical.
Additional appropriation authority is requested in the General
Fund, Account #01-200-262-729-506 in the amount of $179,437 so
that the City may utilize the SAFAH Program funds. The
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appropriation will be financed by $179,437 in revenue from SAFAH,
Account #20-932-356-000-000, designated for the Advocacy Center
program. In addition, the following technical appropriations are
necessary to transfer these funds from the Miscellaneous Grants
Fund to the General Fund: ($179,437) at #01-700-695-000-744 and
$179,437 at #20-700-695-000-744.
RECOMMENDATION
City staff recommends that the city Council (l) approve, in
concept, the use of City property at 602-620 Colorado for
short-term operating agreements for human service programs : (2)
authorize the city Manager to negotiate and execute the release
of Richards Surgical from their current lease with the City: (3)
approve City matching funds for both the SAFAH funds already
received and the FESGP funds, in the event they are awarded to
the City; (4) authorize the City Manager to negotiate and
execute any documents necessary to implement SAFAH and
FESGP-funded programs and operating agreements with non-profit
agencies; and (5) approve appropriation authority in the amount
of $179,437 at account #01-200-262-729-506, establish revenUe
account #20-932-356-000-000 in the amount of $179,437, and
approve technical appropriation changes of ($179,437) at
#01-700-695-000-744 and $179,437 at #20-700-695-000-744.
Prepared by: Lynne C. Barrette, Assistant city Manager
Barbara Stinchfield, Community Development Manager
Julia N. Griffin, Senior Management Analyst
Attachment: Public Notice
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January
20, 1988
ADD -/" II-~
JAN 261988
Santa Wtonica City Council
1685 Main Street
Santa ~onica. CA 90401
Honorable Mayor and City Councill
We, the undersigned, as Building Owners, Business Owners &~d Tenants, wish
to express our objection to the City's proposed establishment of a Home-
less Center to serve as a shelter and provider of homeless services at
601-620 Colorado Avenue, Santa Monica.
We are on the fFinge of downtown Santa Monica which has been steadily
upgraded and is starting to show improvement. The proposed facility
would be in direct conflict to any further upgrading of the area.
This proposal will bring to the downtown area, if approved, more problems
than it already has and to us and our businesses, an element of riSk to
our clients and customers and is a definite detriment to our business sur-
vival.
We cite the following.
1. The presence of this center will discourage customers from coming
to this area for fear of h8vins to te confronted by the users of
the facility and this will have an adverse effect on our business.
2. Some of the homeless are consistent and aggressive panhandlers.
J. Samohi students regularly use some of our food servjces and it
would become an undesirable atmospher for them.
4. The drug traffic will follow some of these homeless people to our
area.
5. This high concentration of homeless services in one building can-
not help but result in the high visibility of street people. The
City's promise that .....they will not be congregating in public
streetfront areas..... cannot, in reality, be enforced.
WE URGE THE CITY COUNCIL NOT TO APPROVE THIS DETRIMENTAL FROPOS}I.
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_ Obj~c~ing to location of Homeless Center
at 602-620 Colorado Avenue, Santa lfonica
page 2
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Supplemental Assistance For Facilities
to Assist the Homeless
Grant Agreement
Grantee Name
Mr. John Jal il i
City Manager
City of Santa Monica
1685 Main Street
Santa Monica, CA 90401
This GRANT AGREEMENT is made and entered into by and between the
Secretary of Housing and Urban Development. acting by and through the
Assistant Secretary for Policy Development and Research, as repre-
sentative of the United States of America, hereinafter referred to as
IIHUD," and City of Santa Moni ca
hereinafter referred to as "GRANTEE," pursuant to Title IV. Subtitle D
of the Stewart B. McKinney, Homeless Assistance Act, Public Law 100-77,
and the Department of Housing and Urban Development Act, 42 U.S.C.
3535( d).
Grant Number H-9432RG
The GRANTEE submitted an Application for grant assistance in
response to the Supplemental Assistance for Facilities to Assist the
Homeless (SAFAH), Program Guidelines and Notice of Funds Availability,
published October 19, 1987, Federal Register, 38880 (NOFA); and HUD,
in reliance upon the representations set forth in the Application,
approved the award of grant funds to the GRANTEE for Supplemental
Assistance for Facilities to Assist the Homeless described in the
Application.
The NOFA (hereto attached) and the Application. including the
certifications contained therein) are both incorporated by reference as
part of this grant agreement as though fully set forth herein.
In consideration of the mutual promise and covenants contained
herein, HUn and the GRANTEE agree as follows:
I. FUNDING
A. Upon execution of the grant agreement, and subject to the terms
and provisions thereof, HUn shall provide the GRANTEE with grant funds in
the amount of $179,437 for the assistance as specified in the Appli-
cation. Of the total grant funds provided above, $0 represents
that portion advanced to assist in the aCQuisition,-lease, substantial
rehabilitation, or conversion of facilities and is subject to the
repayment provisions as stated in Part V below.
B. The GRANTEE agrees to use the funds for the approved activities
and otherwise carry out the requirements for the SAFAH assistance
provided in compliance with the grant agreement.
2
c. Funds obligated under this grant agreement shall not be increased
but may be decreased in accordance with this grant agreement and Section
G. 1 (iii) of the NOFA.
D. The GRANTEE agrees to provide for the securing of the leveraged
funds specified in the Application.
II. DEVELOPMENT
A. The GRANTEE assures that it has control of the site(s) struc-
ture's} to be used for the SAFAH as described in the Application.
B. If required by the NOFA. the GRANTEE shall have formed a
separate legal entity to be the recipient of funds under this grant
agreement and it will transfer site control to the new entity.
C. The GRANTEE shall develop the SAFAH expeditiously in accordance
wit~ the time schedule included in the Applfcat1on.
D. The GRANTEE agrees to comply with all State and local reQuire-
ments regarding the condition of the structure to be used in the Project
covered by this grant agreement and assures that the structure meets
applicable State and local standards of being in safe and sanitary condi-
tion.
III. OPERATION
A. If funding under this grant agreement provides for acquisition,
lease. substantial rehabilitation. or conversion of facilities. the
GRANTEE agrees to use the facility to serve the homeless for at least 10
years following the initial occupancy of the property by a homeless
person after completion of such assisted activity. or be subject to the
repayment/recapture provisions under Part V below.
8. The GRANTEE shall comply will any applicable State licensing
requirements in the operation of SAFAH.
IV. GRANT PAYMENTS
A. Advance payments by Letter of Credit are hereby authorized under
this instrument. The procedures to be used in drawing down from the
letter of Credit are contained in HUn Handbook 1900.27. Letter of Credit
Procedures - Treasury Financial Communications System. which 1s
incorporated into this grant. Information copies of drawdowns shall be
provided to the GTR and Grants Officer.
,
3
The initial request for advance payment shall be limited to an
amount which will be disbursed by the GRANTEE within seven (7) calendar
days after receipt of the advance. Subsequent requests for advance
payments shall be limited to amounts which will be disbursed by the
GRANTEE within-three (3) calendar days after receipt.
B. Should the GRANTEE erroneously draw funds in excess of its
immediate cash needs~ the funds shall be promptly refunded to HUD if the
funds exceed $10tOOO or thirty (30) days cash needs. Erroneously drawn
funds of less than $10~OOO which will be disbursed within 30 calendar
days may be retained by the GRANTEE. This exception shall not be con-
strued as approval by HUn for the GRANTEE to maintain excessive funds;it
is only applicable to excessive amounts which are erroneously drawn.
Any interest earned by the GRANTEE on erroneously drawn funds shall be
returned to HUD.
c. Should the GRANTEE demonstrate an unwillingness or inability to
establish procedures that will minimize the time elapsing between
advances and disbursementst the authorization for advance Dayment will be
revoked. The GRANTEE will then be required to finance the project with
its own working capital and payment to the GRANTEE shall be made by
Treasury check to reimburse it for actual cash disburse~ents.
o. The GRANTEE shall request payment by submitting an original and
4 copies of TFS Forms 5805~ Request for Funds (to become SF 5805) which
shall be distributed as follows:
-- Original and Duplicate - The original and duplicate copies
will be presented to your financial institution.
-- Triplicate - The GRANTEE organization shall forward this copy
to the appropriate HUD program office.
-- Quadruplicate - The GRANTEE organization may destory this copy.
Quintuplicate - This copy will be retained by the GRANTEE
organization.
v. REPAYMENT/RECAPTURE OF GRANT FUNDS
A. The GRANTEE shall repay the full amount of any advance funds if
it fails to use the structure for the homeless for a ten year period
following the inftial occupancy with funding under this grant agreementt
unless Hun determines that the structure is no longer needed for the
homeless and approves use of the structure for the direct benefit of
lower-income persons for the remainder of the ten year period.
,
4
B. Upon written request of the GRANTEE, Hun may determine that a
project is no longer needed to assist the homeless, and may approve an
alternate use of the project for the direct benefit of lower income
persons. For the purposes of determining the amount of the repayment
obligation, such a project will continue to be treated as facilities to
assist the homeless as long as it is used for the approved alternate
purpose.
c. For each full year that the structure is used as facilities to
assist the homeless following the expiration of the initial ten year
period, the GRANTEE's repayments will be reduced by one tenth of the
original advance.
D. HUD may deobligate amounts of the grant or advance if the total
cost of the activities is less than the total cost anticipated and
budgeted for in the Application.
E. HUD may deobligate amounts of the grant or advance if proposed
activities are not begun or completed within a reasonable time following
award.
VI. OTHER FEDERAL REQUIREMENTS
The GRANTEE certifies that it will comply with the applicable
Federal requirement specifically set forth in Section F.6. of the NOFA
(page 38894).
VII. LIMITATIONS REGARDING RELIGIOUS ENTITIES
A. If the GRANTEE is, or may be deemed to be, a religious or
denominational institution or organization, or an organization operated
for religious purposes which is supervised or controlled by or in
connection with a religious or denominational institution or organiza-
tion, it agrees that, in connection with the provision of any supportive
services:
1. It will not discriminate against any employee or applicant
for employee on the basis of religion and will not limit
employment or give preference in employment to any person
on the basis of religion;
2. It will not discriminate against any person applying for
such services on the basis of religion and will not
limit such services or give preference to persons on the
basis of religion;
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5
3. It will provide no religious instruction or counselling,
conduct no ~eligious worship or services, engage in no
religious proselytzing, and exert no other religious
influence in the provision of such services;
4. The portion of a facility used to provide services
assisted in whole or in part under this agreement shall
contain no sectarian or religious symbols or decorations;
and
5. Except to the extent otherwise authorized by the grant
agreement, the funds received under this agre~ent shall
not be used to construct, rehabilitate, or restore any
facility which is owned by the provider and in which
services are to be provided; Provided that, minor repairs
may be made if such repairs (II are directly related to the
services, (2) are located in a structure used exclusively
for non-religious purposes, and (3) constitute in dollar
terms only a minor portion of the SArAH expenditure for the
services.
B. If the GRANTEE is receiving funds under this grant agreement
for the moderate or substantial rehabilitation or conversion of a
structure which is owned by a primarily religious entity, title to the
structure must be conveyed to the GRANTEE or other secular entity
(including the entity in behalf of which the Application was submitted,
if any). or the GRANTEE or other such entity must enter into a lease
agreement with such owner which conforms to the requirements of Section
B.3. (ii), paragraphs (c) (1) through (6) of the NOrA (page 38885) prior
to use of the funds for such purpose.
VIII. SAFAH COVENANTS
A. The GRANTEE agrees that the requirements of paragraphs III ~
of this grant agreement shall be recorded against the title to the land
upon which the Project is located, as covenants running with the land for
10 years (for projects receiving advances) from the date of initial
occupancy of the property with funding under this grant agreement.
B. The covenants required by the above paragraph shall be
recorded as soon as possible.
c. The GRANTEE shalT record, either in the SAFAH covenants or a
separate document the date of initial occupancy of the property developed
with funding under this grant agreement. A copy of the recorded SAFAH
covenants and date for initial occupancy shall be submitted to HUD.
,
6
IX. SAFAH ADMINISTRATION
A. HUO Administration Office
Office of Procurement and Contracts
451 7th Streett SW.. Room 5256
Washington, DC 20410
B. Name of Administrator
Mr. Vito Vollero
Telephone Number
(202) 755-5585
c. Recipient Project Manager
Telephone Number
D. HUD Government Technical Representative
Jane Karadbil
Telephone Number
(202) 755-5537
~
E. HUD Payment Office
General and Progra~ Accounting, OFA
Department of Housing and Urban Development
451 7th Street. SW.t Room 3254
Washingtont DC 20410
F. HUD Accounting and Appropriation Data
Appropriation Number Reservation Number
86X0187 501-88
#
l'
7
x. SCHEDULE OF ARTICLES
1- DEFINITIONS
2. SCOPE-OF WORK
3. PERIOD OF PERFORMANCE
4. ALLOWABLE COST
5. BUDGET
6. FINANCIAL MANAGEMENT SYSTEMS
7. CONDUCT OF WORK
8. APPLICABILITY OF THE SINGLE AUDIT ACT
9. CASH DEPOSITORIES
10. FINANCIAL REPORTING REQUIREMENTS
11- FLOW DOWN PROVISIONS
12. PROPERTY MANAGEMENT STANDARDS
13. SUSPENSION AND TERMINATION PROCEDURES
14. DISPUTES
15. RETENTION AND CUSTODIAL REQUIREMENTS FOR RECORDS
16. CLOSEOUT PROCEDURES
17. OTHER ADMINISTRATIVE PROVISIONS
18. SIGNATURES
T
8
1. DEFINITIONS
The term ftGrant Officer" (GO) refers to the individual delegated
the authority by HUD to execute and/or administer this instrument.
2. SCOPE OF WORK
The GR~NTEE shall furnish the necessary personnelt materials,
services, equipment, facilities (except as otherwise, specified herein),
and otherwise do all things necessary for or incidental to the per-
formance of the work set forth in the GRANTEE1S approved Application.
3. PERIOD OF PERFORMANCE
The GRANTEE shall provide all activities hereunder for a period of
( 36 ) months from the effective date of this instrument.
If the total grant funds provided includes advances for the aCQuisi-
tion, lease, substantial rehabilitation, or conversion of facilities as
identified in I.A. FUNDING, above, the period of performance shall be
governed by either the period indicated above or the conditions specified
in Y. Repayment/Recapture of Grant Funds, whichever is longer.
4. ALLOWABLE COST
For the performance of the work under this instrument, HUD shall pay
the GRANTEE, costs incurred (hereafter referred to as "allowable costsD)
which are determined by the GO to be allowable, allocable and reasonable
in accordance with the following cost principles:
A. For State and local Governments: OMS Circular A-87*.
B. For other nonprofit organizations: OMB Circular A-122*.
*The revised version of these documents in effect on the date of award
shall govern.
5. BUDGET
A. GRANTEE shall incur costs in conformance with the Budget in the
Application or otherwise attached. The GRANTEE shall not transfer funds
among cost cate9o~ies without the written consent of the GO when the
cumulative amount of such transfers exceeds or is expected to exceed five
(5) percent of the total. In no case can the GRANTEE transfer funds
from grant to advance or vice versa.
B. The GRANTEE shall not use more than five (5) percent of the grant
proceeds for administrative expenses.
~
9
6. FINANCIAL MANAGEMENT SYSTEMS
The GRANTEE shall maintain a financial management system that pro-
vides for the following:
A. Accurate, current and complete disclosures of the financial
results of this grant agreement in accordance with the provision entitled
"Financial Reporting Requirements".
B. Records that identify adequately the source and application of
funds for Federally supported activities. These records shall contain
information pertaining to Federal awards, authorizations, obligations,
unobligated balances, assets, outlays, and incomes.
c. Effective control over and accountability for all funds, pro-
perty, and other assets.
D. A comparison of actual outlays with budgeted amounts and the
relationship of specific performance and costs incurred.
E. Procedures to minimize the time elapsing between the transfer of
funds to the GRANTEE and disbursement by the GRANTEE when advances or
1etters-of-credits are used.
F. Procedures for determining reasonableness, allowability, and
allocability of costs in accordance with the provisions of the applicable
Federal cost principles and the terms of this instrument.
G. Accounting records that are sUDported by source documentation.
H. Examinations in the form of audits or internal audits. Such
audits shall be made by qualified individuals who are sufficiently
independent of those who authorize the expenditure of Federal funds to
produce unbiased opinions, conclusions, or judgements. They shall meet
the independence criteria set forth in Chapter 3, Part 3 of the U.S.
General Accounting Office Publication, Standards for Audit of Government
Organizations, Programs, Activities, and Functions." These examinations
are intended to ascertain the effectiveness of the financial management
systems and internal procedures that have been established to meet the
terms and conditions of this grant agreement.
I. A systematic method to assure timely and appropriate resolution
of audit findings and recommendations. The GRANTEE shall require its
GRANTEES or subcontractors to adopt the standards above except for the
requirements in paragraph iE) regarding the use of the 1etter-of-credit
method and that part of paragraph (A) regarding reporting forms and fre-
quencies prescribed.
.'
10
7. CONDUCT OF WORK
A. During the effective period of this grant agreement a Government
Technical Representative and/or a Government Technical Monitor shall be
responsible for monitoring the technical effort of the GRANTEE.
B. Only the GO has the authority to authorize deviations from this
grant agreement, including deviations from the Statement of Work. tn the
event the GRANTEE does deviate without written approval of the GO, such
deviation shall be at the risk of the GRANTEE, and any costs related
thereto shall be borne by the GRANTEE.
8. APPLICABILITY OF THE SINGLE AUDIT ACT FOR GOVERNMENTAL ENTITIES
A. This agreement is subject to the requirements of the Single Audit
Act of 1984 (31 USC 7501-7507).
B. HUn implementation of the Single Audit Act is published at 24 eFR
Part 44. Its applicability to this program is established at 24 CFR
111.108.
9. CASH DEPOSITORIES
Any money advanced to the GRANTEE under the terms of this instrument
must be deposited in a bank with Federal Deposit Insurance Corporation
(FDIC) insurance coverage. The balance exceeding the FDIC coverage must
be collaterally secured.
10. F~NANCIAL REPORTING REQUIREMENTS
A. GRANTEES shall submit an original and one copy of a Financial
Status Report (Standard Fonm 269) 30 days after the completion of each
quarter of the project. The original is submitted to the GO and the copy
is submitted to the GTR. The final Financial Status Report shall be due
90 days after project completion. All reports should be prepared on an
accrual basis; however, if the GRANTEE's accounting records are not
normally kept on the accrual basis, the GRANTEE shall not be required to
convert its accounting system, but shall develop such information through
best estimates based on an analysis of the documentation on hand.
B. In the event this grant agreement provides for advance payments
to the GRANTEE, the GRANTEE shall submit an original and one copy of a
Federal Cash Transactions Report (Standard Form 272) 15 ~orking days
following the end of each quarter.
C. The GRANTEE shall use the Request for Advance or Reimbursement
(Standard Form 270) when a letter-of-credit is not authorized by this
instrument. An original and two copies shall be submitted monthly to
the office designated elsewhere in this grant agreement.
11
11. FLOW DOWN PROVISIONS
The GRANTEE shall include provisions to carry out the purposes of
this grant agreement in all contracts of employment with persons who
perform any part of the work under this instrument, and with all subcon-
tractors and other persons or organizations participating in any part of
the work under this grant agreement. There shall be provisions for a
further flow down of such requirements to each subtier of employees and
subcontractors to the extent feasible.
12. PROPERTY MANAGEMENT STANDARDS
A. The following definitions apply for the purpose of this clause.
(1) Real property - Real property means land, including land
improvements, structures and appurtenances thereto, but
excluding movable machinery and equipment.
(2l Personal property - Personal property of any kind except
real property. It may be tangible - having physical
existence, or intangible - having no physical existence,
such as patents, inventions and copyrights.
(3) Nonexpendable personal property - Tangible personal
property having a useful life of more than one year and an
acquisition cost of $300 or more per unit. Recipients
subject to Cost Accounting Standards Board regulations may
use the CASB standard of $500 per unit and useful life of
two years. A GRANTEE may use its own definition of non-
expendable personal property provided that the definition
would at least include all tangible personal property as
defined above.
(4) Expendable personal property - All tangible personal
property other than nonexpendable property.
(5) Excess property - Property under the control of any Federal
agency that, as determined by the head thereof, 1s no
longer required for its need or the discharge of its
responsibilities.
(6) Acquisition cost of purchased nonexpendable personal
property - Acquisition cost of an item of purchased
nonexpendable personal property is the net invoice unit
price of the property including the cost of modifications,
attachments, accessories, or auxiliary apparatus necessary
to make the property usable for the purpose for which it was
12
acquired. Other charges such as the cost of installatfont
transportationt taxest duty or protective 1n-transit
insurancet shall be included or excluded from the unit
acquisition cost in accordance with the GRANTEE regular
aecounting practices.
(7) Exempt property - Tangible personal property acquired 1n
whole or in part with Federal fundst and title to which is
vested in the GRANTEEt without further Obligation to the
Federal Government except as provided in subparagraph 0 (l)
below. Such unconditional vesting of title will be pur-
suant to any Federal legislation that provides HUO with
adequate authority.
B. Real property - If real property is acquired as a requirement of
this instrumentt the following shall apply:
el) Title to real property shall vest 1n the GRANTEE subject to
to the condition that the GRANTEE shall use the real
property for the authorized purpose of SAFAHt as long as 1t '
is needed.
(2) The GRANTEE shall obtain approval by HUn for the use of real
property 1n other projects when the GRANTEE determines
that the property is no longer needed for the purpose of the
or1ginal SAFAH. Use in other prOjects shall be limited to
programs that have purposes consistent with those authorized
for support by HUD.
(3) When the real property is no longer needed as provided in
(ll and (2) abovet the GRANTEE shall request disposition
1nstructions from HUD or its successor Federal sponsoring
agency.
C. Other nonexpendable property - When other nonexpendable tangible
personal property is acquired by a GRANTEE with project fundst title
shall vest in the GRANTEE subject to the following conditions:
(l) Right to transfer title - For items of nonexpendable
personal property having a unit acquisition cost of $l~OOO
or more, HUD reserves the right to transfer the t1tle to the
Federal Government or a th1rd party.
13
(2) Use of other tangible nonexpendable property for which
the recipient has title.
(A) The GRANTEE shall use the property in the project or
program for which it was acquired as long as needed,
whether or not the project or program contfnues to be
supported by Federal funds. When no longer needed
for the original project or program, the GRANTEE
shall use the property in connection with its other
federally sponsored activities if authorized by HUD.
(8) Shared use - During the time that nonexempt
nonexpendable personal property is held for use on
the project or program for which it was acquired,
the GRANTEE shall make it available for use on
other projects or programs if such other use will
not interfere with the work on that project. First
preference for such other use shall be given to
other projects or programs sponsored by HUD; second
preference shall be given to projects or programs
sponsored by other Federal agencies. If the property
is owned by the Federal Government, use on other
activities not sponsored by the Federal Government
shall be permissible if authorized by HUD.
(3) Disposition of other nonexpendable property - When the
the GRANTEE no longer needs the property as provided in
o (2) above, the property may be used for other
activities in accordance with the following standards.
(A) Nonexpendable property with a unit acquisition cost
of less than Sl,OOO - The GRANTEE may use the
property for other activities without reimbursement
to HUD or sell the property and retain the proceeds.
(8) Nonexpendable personal property with a unit
acquisition cost of $1,000 or more - GRANTEE may
retain the property for other uses provided that
compensation is made to HUD. The amount of compen-
sation shall be computed by applying the percentage
of Federal participation in the cost of the original
project or program to the current fair market value
of the property. If the GRANTEE has no need for
the property and the property has further use value,
the GRANTEE request disposition instructions from
HUD.
14
(4) Property management standards for nonexpendable property -
The GRANTEE1s property management standards for
nonexpendable personal property shall include the following
procedural requirements:
-
(A) Property records shall be maintained accurately and
shall include:
(11 A description of the property.
(2) Manufacturer's serial number. model number, Federal
stock number, national stock number, or other
identification number.
(3) Source of the property, including grant or other
agreement number.
(4) Whether title vests in the GRANTEE or the Federal
Government.
(5) AcquiSition date (or received, if the property was
furnished by the Federal Government) and cost.
(6) Percentage (at the end of the budget year) of
Federal participation 1n the cost of the project or
program for which the property was acquired. (Not
applicable to property furnished by the Federal
Government).
(7) Location. use and condition of the property and the
date the information was reported.
(8) Unit acquisition cost.
(9) Ultimate disposition data, including date of
disposal and sales pri~e or the methods used to
determine current fair market value where a GRANTEE
compensates the Federal sponsoring agency for its
share.
(B) Property owned by the Federal Government must be marked
to indicate Federal ownership.
(C) A physical inventory of property shall be taKen and the
results reconciled with the property records at least
once every two years. Any differences between
quantities determined by the physical inspection and
those shown in the accounting records shall be
investigated to the causes of the difference. The
GRANTEE shall, in connection with the inventory. verify
the existence. current utilization, and continued need
for the property.
15
(D) A control system shall be in effect to insure adequate
safeguards to prevent loss, damage, or theft of the
property. Any loss, da~aget or theft of nonexpendab1e
property shall be investigated and fully documented. If
_ the property was owned by the Federal Government, the
GRANTEE shall promptly notify HUD.
(E) Adequate maintenance procedures shall be implemented to
keep the property in good condition.
(F) Where the GRANTEE is authorized or required to sell the
property, proper sales procedures shall be established
which would provide for competition to the extent
practicable and result in the highest possible return.
(6) Expendable personal property - Title to expendable
personal property shall vest in the GRANTEE upon
acquisition. If there is a residual inventory of such
property $1,000 in total aggregate fair market value,
upon termination or completion of the instrument, and
the property 1s not needed for any other federally
sponsored project or programs, t~e GRANTEE shall retain
the property for use on nonfedera11y sponsored
activities, or sell it. The GRANTEE must in either case
compensate HUn for its share. The amount of
compensation shall be co~puted in the same manner as
nonexpendable personal property.
13. SUSPENSION AND TERMINATION PROCEDURES
A. The following definitions shall apply:
(l) Termination - Cancellation of Federal assistance, in
whole or in part, under the grant agreement at any
time prior to the date of completion.
(2) Suspension - An action by the GO that temporarily
suspends Federal assistance under the grant agreement
pending corrective action by the GRANTEE or pending
a decision to terminate the grant agreement by HUD.
B. When the GRANTEE has failed to comply with the terms,
conditions, or standards of the grant agreement. the GO
may, on reasonable notice to the GRANTEE, suspend the grant
agreement and withhold further payments, or prohibit the
GRANTEE from incurring additional obligations of funds,
pending corrective action by the GRANTEE, or a decision to
terminate in accordance with paragraph 13 C. The GO
shall allow all necessary and proper costs that the GRANTEE
16
could not reasonably avoid during the period of suspension
provided that they meet the provisions of the applicable
Federal cost principles.
c. This instrument may be terminated for cause or
convenience.
(1) Termination for cause - The GO may terminate this
grant agreement in whole or in part at any time before
the date of completion, whenever it is determined that
the GRANTEE has failed to comply with the conditions of
the grant agreement. The GO shall promptly notify the
GRANTEE in writing of the determination and the reasons
for the termination, together with the effective date.
Payments made to the GRANTEE or recoveries by HUD in
the event this grant agreement is terminated for cause
shall be in accordance with the legal rights and
liabilities of the parties.
(2) Termination for convenience - This grant agreement may
be terminated in whole or in part when both parties
agree that the continuation of the project would not
produce beneficial results commensurate with the
further expenditures of funds. The two parties shall
agree upon the termination conditions, including the
effective date and, in the case of partial
terminations, the portion to be terminated. The
GRANTEE shall not incur new obligations for the
terminated portion after the effective date, and shall
cancel as many outstanding obligations as possible.
The GO shall allow full credit to the GR~NTEE for the
Federal share of the non-cancellable Obligations
properly incurred by the GRANTEE prior to termination.
(3) The parties shall promptly settle the terminated grant
agreement in accordance with the applicable
requirements of the clause entitled "Closeout
Procedures." In addition, the parties shall execute a
written amendment upon settlement which sets forth the
terms and conditions of the settlement agreement.
14. DISPUTES
During performance of the grant agreementt disagreements may arise
between the GRANTEE and the GO on various issues, such as the
allowability of cost. If a dispute concerning a question of fact arise,
the GO shall prepare a final decision, taking into account all facts and
documentation presented. The decision shall be mailed to the GRANTEE.
The GRANTEE may appeal the decision within thirty (30) d~s to the
Director, Office of Procurement and Contracts.
17
15. RETENTION AND CUSTODIAL,REQUIREMENTS FOR RECORDS
A. Financial records, supporting documents, statistical records and
all other records pertinent to this grant agreement shall be
retained for a period of three years, with the following
exceptions:
(1) If any litigation, claim or audit is started before the
expiration of the 3~year period, the records shall be
retained until all litigations, claims, or audit findings
involving the records have been resolved.
(2) Records for nonexpendable property, if any, aCQuired with
Federal funds shall be retained for three years after its
final disposition.
(3) When records are transferred to or maintained by HUn, the
3-year retention requirement is not applicable to the
GRANTEE.
B. The retention period starts from the date of the submission of
the final expenditure report.
C. The GRANTEE must be authorized by the GO if the GRANTEE
desires to substitute microfilm copies in lieu of original
records.
o. The GRANTEE shall transfer certain records to HUn when HUn
determines that the records possess long-term retention value.
However, in order to avoid duplicate record-keeping, Hun may
make arrangements with the GRANTEE to retain any records that
are continuously needed for joint use.
E. The Secretary of HUD and the Comptroller General of the United
States, or any of their duly authorized representatives, shall
have access to any pertinent books, documents, papers, and
records of the GRANTEE, and its subcontractors, to make audits,
examinations, excerpts and transcripts.
16. CLOSEOUT PROCEDURES
A. The following definitions shall apply:
II) Closeout - The closeout of this grant agreement process by
which HUn determines that all applicable administrative
actions and all required work of the grant agreement have
been completed by the GRANTEE and HUD.
18
(2) Date of completion - The date on which all work under
the grant agreement is completed or the date in the
award document, or any supplement or amendment thereto
(including termination notices subject to the clause
entitled If Suspension and Termination Procedures"), on
which Federal assistance ends.
(3) Disallowed costs - Disallowed costs are those charges to
the grant agreement that the GO determines to be un-
allowable in accordance with the applicable Federal cost
principle or other conditions contained in the grant
agreement.
B. The parties shall close out this grant agreement in accordance
with the following procedures:
(1) Upon request, HUD shall make prompt payments to a GRANTEE
for allowable reimbursable costs under the instrument befng
closed out.
(2) The GRANTEE shall immediately refund any balance of
unobligated (unencumbered) funds that HUD has advanced or
paid and that is not authorized by HUD to be retained by
the GRANTEE for use in other instruments.
(3) The GRANTEE shall submit to the GO, within 90 days after
completion of this grant agreement, all financial and other
data required by the GO to close out the grant agreement.
The GO may grant extensions when requested by the GRANTEE.
(4) Tne GO shall make a settlement for any downward adjustments
to the Federal share of costs after these reports are
received.
(5) The GRANTEE shall account for any property acquired with
Federal funds or received from the Government, in
accordance with the provisions of the clause entitled
II Property Management Standa rds. II
(6) In the event a final audit has not been performed prior
to the closeout of the instrument, HUD shall retain the
right to recover an appropriate amount after fully con-
sidering the recommendations on disallowed costs resulting
from the final audit.
~
19
17. OTHER ADMINISTRATIVE PROVISIONS
A. The GRANTEE shall comply with all standard assurances which were
executed as part of the application process.
-
8. GRANTEE shall submit management reports on their SAFAH programs
in such format and at such times as HUD may prescribe.
C. GRANTEE shall submit a perfonmance report on its SAFAH
activities to the responsible HUD office at such time as HUD may
prescribe.
XI. RESPONSIBILITY REGARDING OTHER ENTITLES
If the Application was submitted in behalf of another entity,
the GRANTEE shall enter an agreement obligating such entity to comply
with the terms and provisions of this grant agreement. Furthermore, and
notwithstanding such agreement, the GRANTEE assures compliance by such
entity and remains responsible for any noncompliance to the extent that
any repayment obligation or other rights or remedies provided HUD under
this grant agreement remain enforceable also against the GRANTEE.
XII. SIGNATURES
BY:
GRANTEE
.LL-~,
V C ~~"^
.~ ~ j'TlTL(l'
d-f818~
I I
Awr.,;", L/.~_I} ~s :-r ,- r~~
f'L,,/V"'__l1 ~ \.r.~
..... - ......-- .......-.....------
" -. ,-T'\NEY
DATE:
BY:
(TITLE)
DATE:
Secretary for Housing and Urban Development
~
Y: / i U)/
t. lssis ant ecretary of Po cy De1elopment
lfY'" and earch
1'1W
DATE :
i
..
Assistance Agreement Hana~ement
Reporting Requirements
The recipient shall provide the followinn management reoorts:
1. Narrative Pro9ress Reports
eal I Report shal' not exceed three pages
eb) Recipient shal' provi~e report at the following intervals:
I
I
Monthly
I ~ I
Quarterly
(e) CODY requirenent:
Gover~nt Technical Pepresentatfve (GTR}--2 copies
Gover~ent Technical Monitor (GTM)--l copy--eif GTM is named)
AdMinistrative Grants/Cooperative Aqree~ent Officer--(AGO/ACQ)--l copy
(Addresses for the above are contained on the face of the agreement
docune nt)
PD&R Records Center--l copy
Division of Budget, Contracts and Program Control
Policy Development and Re~earch. HUD
451 7th Street. S.W.. Rno~ 8208
Washington, D.C. 20410
(d) Guidelines for Preparation of Narrative Progress Report:
Each narrative report of project activities shal' contain the follow1ng
1dentifvina information: (a) name of recipient~ (b) the assistance
a~repment nu~ber; and {el the period covered by the report. In add1tional.
the report shall provide the following information:
1. Comparison of actual progress with the IDproved work program schedule.
If any ~jor phases of the wort pr09ra~ are behind schedule. the
reasons for delay shall be explained, -anl3, if appropriate, a revise<1
work progra~ shall be subnitted for HUO review and approval.
2. Brief description or outline of project activities carried out since
suhmission of the previous report.
2
3. Any chan~es contemplated in the professional staff responsible
for project execution. Applicable qualifications (i.e., general
and specialized education and/or experience) shall be submittfd
for any proposed ne~ professional staff members.
4. Brief description of significant ffndings or unique solutions to
prob1e~s encountered in execution of the project.
5. tJarrative justification for any significant budgetary overruns in-
curred or estimated.
2. ~uarter11 Financial ReDorts--Standard Form 26q
(Supply of Fonrns Available thru AGO/ACO--Examnle and instructions are attache~)
(a) ReciDient shall provide SF 269, Ffnancial Reports, on a Quarterly
basis.
(b) Copy Requir~ent
Governnent Technical Representative (GTR)--2 copies
Gover"",ent Technical Monitor (GTt1}--l copy--{ff GTM 1$ nal'tetl)
Ad~inistrative Grants/Cooperative Agre~ent Officer--l copy
(addressess for the three above are contained on the face of the agreement)
PD~R Records Center--l copy
Division of Bud~et. Contracts and PrOQram Control
Policy Develop~nt and Research, HUD
451 7th Street, S.W., Room 8208
Washington, D.C. 20410
3. Management Progress Repnrts
(Fo~s anri instructions will be provided by the GTR)
(a) The HIIO Project Management Systel'l utiHzes two reporting
fo~s, the HUO-444.1 Baseline Plan and the HUD-661.l Progress
Report.
(b) Rec;pient ~ha" provide a HUO-441.1 Baseline Plan
I
I Within fT;7 ~ rlavs after award
- .
IXI
Not ,.el1u1red
3
eel Recipient shall provide HUD-661.1 Progress Reports within 20
days after end of reporting period
I I Monthly
I I Quarterly
I X I
Not Required
(d) Copy Requirement
Government Technical Representative--l copy
AGO/AeOn' copy
PD&R Records Center--l CODy
J
INSTRUCT10NS
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Part V
Department of
Housing and Urban
Development
Supplemental Autstance for FaclJttJea to
AssIst the Homeleas; Notice
... ;5"'
,..
~
_.J
S8880
II
Federal Register I Vol. 52, No. 201 , Monday. October 19, 1987 I Nol1ces
[
DEPARTMENT Of HOUSINQ AND
URBAN DEVELOPMENT
i
OffIce of the Assl.tant Secretary for
Policy Development end Research
10000et No N"i7-17~, FR-2389J
Supplemental Assistance for hcllltle.
to A.aMt the Homeless; Program
Guideline. end Notice of Funds
AvallllbUlt)'
AGENCY Office of the AssIstant
Secretary for Policy Development and
Research. HUD
AC'nON Notice of Program GUidelines
and Nollce of Funds AVfHlablllty
_MARY ThlS Nonce announce.
HUn's gUldehnes for the operation of a
program of Supplemental Assistance for
FaCIlities to AssIst the Homeless
(SAFAH) This program was authorized
by TIUe IV, SubtltIe D, of the Steward B
McKinney Homeless ASSistance Act
Under the program, HUn JS authorIzed
to provide (1) Assistance to cover the
costs m excess of 8ss1stance proVided
under the Emergency Shelter Grants and
the Supportive Hous1n8 DemonstratIon
programs that are requued to meet the
,peclal needs of certalO homeless
populatJons or to faCilItate the transfer
and use of public buildmgs to 85S1S1 the
homeless, or [2) comprehenSive
aSllstance for parlJcularly innovative
programs for. or alternatIve methods of,
meeUng the immediate and long-term
needs of the homeless Under SAFAH.
MUD wll] proVJde assIstance JD the
forms of non-mterest beanng advance8
to assist the acquisibon. lease.
aubstantial rehabIlItation. or conversion
of faCilities to assist the homelenl6,
grants for moderate rehabihtauon, and
grants for other purposes Thu nobce
.1so annOWlces the availability of $1S
milhon in funds appropnated for the
program by the Supplemental
Appropnation Act. 1987.
8'FECTIYE DATE. October 19. 1987
FOR IIURTHEIlINFOMlATION COIffACT-
Jane Karadb1l, Dtvilion of PolIcy
Development. Department of HOUSlDg
end Urban Development. 451 Seventh
Street. SW~ Room 8112, Washington, DC
1Dno, telephone (202) 755-5537 Hearing
or apeech Impaired tndlvidual.lI1ay call
HtJD's TOD number {202] 426-0015
For mfofmahon on supplemental
assistance rela led to the Emergenc)'
Shelter Grants program, contact. James
R. Broughman. DlI'ector. EntItlemenl
Cstle' DIviSIOn. at the above address,
telephone (202) 755-05977, or Jame,
Fonberg.lhrector. Slnall Cilia Division.
."
.
,
at the above address. lelephone (202)
755-6322
For mformatlon on supplemental
B8S1stan(;e related to the SupportIVe
HOUSing Demonstration program,
contact Lawrence Goldberger. DIrector.
Office of Elderly and ASll;ted HOUSlD8.
at the above address. telephone (202)
755-5720
For mformatlOn on Comprehen.slve
Homelells ASSIstance Plans and the
requirement that proposed SAFAH
achvltles be consIstent Wlth the Plans,
contact James R tlrough.man. at the
above address and telephone number.
The telephone numbers listed above
are not toll-free numbers
SUPPLEMENTARY INFORMAnON
Supplemental AstlstaDc:e for Fld.Uli.. to
AsSist the Homeless
Background
Procedural Implementation
GUidelines
A Defimbons
B AUl&tllncl! proVided
1 Categones of asslstanCl!
(1) CompTebenslve UlIlstance
(uJ AUlstance Ul excess of ESG and
SHD program fundmg
2. l.lmllatJons on amount of anl.tance
3 l.lmltations on the use of UBlstanCl!
(lJ Funding of eXlshng facilitIes or
services
(Ill Prlmanl)' rehglOus orgamzahons
(w) Structures used for multIple pur-
poses
(Iv) Ac!mlIUstrallve cost.
(v, Outpatlenl health servlce...
(vi) Mazntenance of effort.
4.. Overall IlH of uSlslance
C. Comprehenlive Homelesl ANistance
Plan
1 ProhlbltlOn of aUl.tance
2. Who 1Dust have an approved Plan.
3 Tnbes
.. NotificabDD of Plan reqwrementl
D ApphcatloD Procell
1. Genaral
to Application content requlrementl
B. SeJec:bon Procen
1 Overview
2. Compreheflllve IllillaDce
{I} Threlhold requirements
(il) Rankm,
(IIi) Environmental review.
(IV} Final selection.
3 Asllst~ in exoeu of ESG and SliD
program fundll1l
(If Threshold requirement.
(il) Ranklflll
(hi] Environmenlal revtew
(Iv} FlnalleleebOn
4 Procedure. for applicatloM U1volvina
outpatient health MrYleet
F. Ptogralll feQwremenl.
S. GRnl aJl'MDlent.
~ ~..];
.-- -
(II Genl!ral
{Ill Enforcement
Z ReqUiTed a,!!Teemenll
3 Term or commitment
(II Cenforal
Ilk) Successors
4 Repd)ment of advance
{l} General
(u] Amount of repaymenl
(III} Ahemate use
5. Preve1'tIOIl 01 undue benefits
(i) General
(1I) Exception
8. Apphcablhl)' of Olher Federal reQIlJ.e-
menU
(I) Nondl8cnmmatIDn end equal op-
portumty
Ill] Ennronmenlal
(III) Apphcllblllly of OMB cltCulaf8
(IV] Lead-bued pamt
(\I) ConfliCts of mterest
("JI l'se of debarred 'Ilspended Of
mellglble conlractors
(\lu) AudIt
{\llI] IntetgoyernmenlaJ revIew
(IX) Da, Is-Bacon Acl
G AdmlnlSlratl\'1! prOVISions
1 Obhg8tlon of fWlds. fundll18 amend
men" and deobhgation
(I) Obhgallon of funds
(II) Increasea
(Ill) DeobhgllllOn
Z Waiver
Other lnfonnallon
Background
Subtitle D of Title IV of the Stewart B
McKinney Homeless ASSIstance Act
(Pub L too-n, approved July Z2. 1987)
{"McKmney Ac!"'} authonzed a program
of Supplemental ASSistance for
Faclhhes to ASSist the Homeless
(SAF AHl Under thIS program. HUD II
authorized to proVide
(a} AsSIstance to cover the costs In
exceslI of assistance prOVIded under the
Emergency Shelter Grants [ESG)
program and the SupportIve HouSing
Demonstration (SHDJ program thai sre
reqUIred (1) To meel the needs of
homelesl famlhel WIth children. elderly
homeless inwV1duals. or the
handicapped. or (2} to facIlitate the
transfer and use of public buildmgs to
.ssist homele., inWV1duals and
famihes, or
(b) Compreberaive ...i.tance for
particularly innovative programs for. or
alternative methods of, meetmg the
immedIate and long-term needs of <
bomele" md1\'lduals and famlhes by
assisting (1) The purchase, lease.
renovatIon. or conveflllon of (scll,tles to
asSISt the homeless. or (2) the prov181on
of supportive semces for homelesl
fncbviduaa
Under the program. HUD 11 authorized
~ provide ."Ialance in the forms of
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,3,:
"!:f,
-::-.
Federal Regisbn I VoL n. No. 201 I Monday, October 19, 1987 1 Notice.
. nen-mlere., bearing ad"ancq to lII5fJt~ .
.the 8QJuisition. Jease, substantial "
rebabllltBhon, or conversIon of facilibea
10 ssaist the homelesa, grants for
moderate rehabIlitation. and grants (Of'
other purposes. The Supplemental
Appropnatlons Act. 1981 (Pub. L 100-11,
approved July 11, 1987), appropriated
$15 mLlllon for grants for SAFAH. This
Notice announces the guidelInes that
wdlgovem the operatIon of SAP AH,
and announces the avauablllty of funda
under the program.
Procedurallmplementaooo
Section 433 of the McKinney Act
contains the folloWIng ImplementatIon
requirements for SAFAH
(a} HUD must establIsh by Notice the
requirements to govern SAFAH, Wlthm
30 days of the date of .enactment of the
McKinney Act (August 21, 1987). These
reqUirements are not subject to the
notice and comment rulemakmg
reqUirements of the AdmmlStl"atIve
Procedure Act [5 use 553) or the
legislative review posltwns of aecbon
7(01 of the Oepart.-nent of Housmg and
Urban Development Act (42 Use
3535(oJ),
(b) HUn must publIsh a Nohce of
Funds AvaIlability for SAFAH \\Ilhm 30
days of the date on ""hlch amounts
becomE' aVCl/lable for SAFAH
[September 20. 1987),
(c) Applications for SAFAH must be
lIubmlUed not later Ulan 60 days after
publlcalJon of the NOFA (November 19,
1987). and
(d) HUn must complete the final
- selection of apphcabonll for SAF AM not
later than 90 days after pubhcahon of
the NOF A (December 19. 1987)
The Department has been unahle to
meet 8AF AH's deadlmes for publication
of the Notice establishIng SAFAI-ra
reqUIrements and of the Notice of Funds
A vadablhty In lIght of the necessity to
ensure the prompt award Bnd lUe of
SAFAH appropnabons, the Departnumt
will use the foUoWUlg tImetable:
(1J TIns Notice win serve both to
estabbsh SAfAH's reqUIrements and to
annoonce the avauabLhty of fundma
under the program, _,
(2) Apphcationa Will be due boY _
Decem~r 3.1987.
(3) HUD wIll make final SAFAH
ael~lions by December 23.1987; 2D days
after the apphcation deadline
The Department beheves that these
tJmeframes w1l1 permIt adequate time
for the lubmlssion and fevtew of
applications, whIle at the lame time
calltng for the award and use of funds in
.pproxlInately the overall bmeframeJl
Contemplated by .ectlon 433 of the
McXmnt>f Act.
Gaide&oe.. ~ . , " -',. ;;::~_.' .. ...:;:' .~"_
A. Definitions.
The foUowmg defiDibou apply to
SAFAH:
Appl1canL (a} AppHcant mean. a
State. metropolitan at)'. arbm county,
tnbe, or private nonprofit organLzabon
that lubmi18 an apphcabon for
asSIstance under 8M AH ApplIcant
includes two or more of these Bno hes
that subDllt II jOlllt application.
(b} Apphcants may tubmit
applIcatIOns on behalf of other tnUtles
that wlII operate faCIlItIes to assist the
homeless, only in the followmg
Clrcum5tances.
(1) A State may 8ubnut an apphcatJon
on behalf of (1) A private nonprofit
orgamzallon to carry out SAP AH
acbV1beB in the State: or (Ii} any
governmental enbty m the Slate, other
than an ESG formula CIty or county 01a
tnbe,
(2J A metropolitan CIty or urban
county may subnut an applIcatIon on
behalf of. [I) A pnvate nonprofit
orgamzahon to carry out SAFAH
actlV1t1es In the elty or county or (II) any
governmental entlty In the CIty or
county, other !:haIl: an entIty that IS an
apphcant under paragr3ph (a),
(3) A tnoe may subnut an appbcabon
on behalf of a pnvate nonprofit
orgamZalJon to carry oul SAFAH
BcbVltlell for the trJbe,
(4) A pnvate nonprofit orgaruzatlOn
may submit an appllcatlon on behalf of
another pnvate nonprofit orgamzation
to carry our SAFAH actiVltiell. The
threshold and ranking cnteria for
Spplicanl8 8ubmitbng appllcatJOns on
behalf of other entItles are set forth in
sections E 2 and 3 below
eel As described below. one of the
SAY AH funding categones lDvolves
aSSistance in excelll of ESG or SHD
program fundmg SAFAH assIstance
under thJll category may only be made
8vatlable in connectIOn with:
-A project that half been approved for,
or has received. fundmg under the
ESC or 8HD program,
-A project for wluch an apphcation for
PSG or SliD funchn8 he. been
.ubnntted, and 1he appbcation
eIther LS pJ't!sently pendins or has
been demed fund1ng; or
-A proje1;( for which lWi8tance is
~ught to acquIre property to be
used for shelters 101 homeless
famIlies With children.
Any apphcant may apply for~AFAH
assistance. and carry out BSilstld
acbvlhes In connectIOn with the
acqulllboD of property for use at
shelters fot homeless families with
cbLldren.
Por SAP All 8S1i.tance in OO~'1ion
with ESG or SlID proJecta that have
been funded or fot' which a.n appHcation
for ESG or SHD lundms hall been
IUbmitted. an applicant lnay apply lor
SAFAH fundil18 only 1I the applJcant is
ehgJble: (I) To apply to MUD for
assIstance under the ESG or SOO
program. or (2J to carry out activities
Wlth ESG or SHD SBBIstance Thus. lor
SAFAH assistance In connecbon wllh
such projects \
-States may apply for SAFAH '\
asslstanC!!, Bnd catty out assisfed
achvlbes. In Connechon With (1) An
ESG project even though the Stale
is not eligible to carry out acbvJties
under the ESG pl'OgI'am, (2) . '
pennanenl hou8ing project, eVen
thougb the State 15 not elIgIble to
C:1lITy out activIties 811 a ''project
8ponsor" under thi8 program. and
(3] a tranSitIOnal housmg project.
-An ESe formula city or county may
appl)' for SM AH aSSIstance, and
carry out assisted actiV1l1es, in
connection with projects under the
ESe program or the transItional
hOUSIng program Smce ESG
fonnula cltie. and counties are not
el1g1bJe to apply for or carry out
actI....ibes under the permanent
lIousing program. they may not
apply far or receive SAFAH
SSIHstanee In connectJOfi With thaI
program
-A metropolitan CIty or urban county
that 18 not an ESG formula city or
county may apply lor SAFAH
allSlstance. and carry out aaszsted
aellville.. in connection W1tb UlAn
ESG project, even tboush the CIty or
county may not apply directly to
HUn for ESG fundmg; or (2) a
transibonal houlI1DS project A
metropohtan city or urban county
may not apply for aSSIstance In
connectIon WIth a permanent
housing project, since such CIties
and CountiellDay not apply for
as!llatance or carry out acoVllles
under that program.
-Prn a. Ie nonprofit organizations may
apply for SAP AH al4iltance and
carry out assisted sctiVlbe8 in
connection WIth: (1) An ESG
program, irrespectIve of whether the
organization applied dIrecUy to
HUD for the .s~stance; (2] .
tranSItional hOlLSing project; and (3)
. permanent housmg proJect.
- TMbes may apply for assIstance tn
connectIon ""lth: a tranllllonal
hOUSing project. TrIbe, may not
apply for aSSIstance WIth respect to
projea. aUII1ed in ~ectton 1IVJ.th,
the ESG program or the permanent
housm8 program. smce trIbeS are
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1 Federal Regilter I Vol. 52. No. 201 I Monday, October 19. 1981 I Notu:es
1 31882
"}
- lneligsble to .pply for or receIve Foclbtles to O$$II;t the homeless (mcludml! welfare hotel. congregate
uS1!Itance W'Ider those programl. means one or more e.ll:l8t1ng structure.. shellers. and translhonal housing for the
Application for ESe or SHD fundmg or parts of one or more eXlltlns menta lIy 111), ~
bas the following meamng for SAFAH IItructUn!S. owned or leased for use in (2) An institution that prOVides a
!!! applicants. connection y,nth SAFAH temporary residence for mdlvlduall
la) In the CBlle Df Slates. an application HandIcapped or handlcopped person mtended to be Instltuhonahzed. or
i 10 HUD for fundmg under the ESG meanl any indiVIdual having an (3) A pubhc or pm'sle place not
- . or SHD program Impaltment thai IS expected to be of deSIgned for. or ordinarily used as a
{b} In the cale of ESG fomula cIlles long-mnllnued and mdeflnIte duration. regular .leeplng accommodahon for
and counties. an application to HUD for 1& 8 lubstantlallmpedlment to hie or her human beIngs The tenn doe! not
~ funding under the ESG or translhonal abd1ty to bve independently, and II of a Include any mdlvldual imprisoned or
~ hOUSing program nature that the ability to bve otherWIlM! detamed under an Act of the
Ic} In the case of metropolllan c1bes mdependently could be JDlproved by a CongreS6 or 8 Stale law.
'1 and urban counties that are not ESG stable relldentJal situation nUl term Homelt!ss famIly With children means
=-oij fonnula abel or counbe&. an application mcludes'
1 a homeless famIly that mcludes at least
j (I) To Hud for fundll18 under the (a) An indmdual who J8 one parent, and one chlld under the age
~ transitional hOllsmg program or (11) to developmentally disabled. I e.. an oftS
the State for fundlt'.g under the ESG ind...,dual who has . levere chronic Homeless Housmg Act of 1986 means
i program. dlsablhty that" title V or sectIOn 101 (g) Pub L qg...500
1I IdJ In the case of pnvll.te Donprofit (lJ Is 8tttlbutable to s mental or (approved Oclober 16. 19Btl) makmg
j orgamz;atlons. an apphcallon (I) To Hud phYSIcal unpamnenl or comblIlahon of appropl"atlons as provided for In H R
1 for reallocated amounts under the ESG mental and phYSIcal unpauments. 5313. 99th Cong . 2d Sess (196t] (as
prOj;lram or for Iundlf 8 under the (2) Is mamfested before Ihe person passed by the House of Repr"sep'ahves
udnSltlOnal hOUSing program. (II) to a attams age 22. and by the Senate), 10 Ihe e1(tf'''! lJ"ld In
~ umt of general local govemment for (3) Is hkely to contInue mdefiDlte]y. the manner provIded for In H F E'P f\;o
i fundmg under the ESG program. or (m) [4} Results In substantIal functional in. 99th Cong. 2d Sess ll9B6)l
~ to the Slate for funding under the IUmtahons III three or more of the HUD means tbe Department of
permanent bousl~ program. follOWing areal or major hre actn...ty (1) HouSIII8 and Urban Development.
(eJ In the case 0 tribes. an application Self-care. {uj receptlVe and expressIve McKInney Act means the Stewart B
- to HUD for fundJtl8 under the language. (m) learnIng, (IV) mobJhty, (v} McKinney Homeless ASSIstance Act
. transItional housmg program self-dJrectlon, (VI) capacltl' for
A<;sistance means (a) non-anterest independent hvmg and (VI1) economIc (Pub L. 100-77. approved Iuly 22. 1987)
beating advances to assIst Ihe Belf-8uff2clency, and Metropobtan cIty means a cIty that IS
8cqulsillon. lease. substantlal (5) Reflects the person's need for a claSSified as a metropohtan city under
j rehabilitation. or converSlOn or facllIt1E!s combmahon Bnd sequence of speCial. section 102(a)('1J of the Housmg and
to s'tStst the homeless. (b) grants for interdlsclplmary, or genenc tare. Commumty Development Act of 1974 In
moderate rehablhtatJon. and (c) grants treatment. or other services that are of general metropolitan cltJes are those
for other purposes hfelong or extended duration and Bre CHles that an! eligible for an enhtlement
ii gralll under 24 CFR Part 570. Subparl D
~ Comprehensive Homeless Asslstance mdJ\'ldually planned and coordinated
"'!! Plan OT Plan means the ComprehenSIve (b) An mdlvldual who IS chromcally Moderate rehabJlitofrorl means the
1 Homt>less ASSIstance Plan established mentally Ill. Ie. an mdlvldual who has a rehablhtatlon of faclhlles to 85slst the
\l by Subhtle A ofT1Ue IV of the lev ere and persIstent mental or homeless Involvmg B total HUD
McKmney Act emotional impaument that senously expend)ture that does not exceed the
Elderly homeless mdrvldual means a limits hiS or her ability to I1ve lower of
- homeless mdlvldual who IS 62 years of mdependently (e-s . by hmlhng (aj $100.000. or
age or older TIuI tenn mcludes 8 functlonal capacll1es relative 10 pnmary {b) The project hmlt The pro/eel limit
. homeless family. If tbe head of the aspects of dally hVl11g such as personal IS the amount determmed by HUD by
family (or the spouse of the head of the relatJons. hvmg arrangements. work, or multlplymg the number of umts of each
famlly)IS an elderly homeless recresllon). and whose unpBlrment umt type In the faCIlities limes the umt
mdlvldual could be unproved by more SUItable cost for thaI unIt The cumulatIVe Iota]
Emergency Shelfer G1'Onts progMm or houllng condlhons for all umt types IS the project bmlt The
ESe program means the homeless (c) A handIcapped person who al.o umt cost lumts aTe
"'slstance program e.labhshed by .uners from _Icohohsm or drug (1) $5,000 (l) per bedroom unH, In
Subtttle B of Title IV of the McKmney edmcl10n single room occupancy housmg (I e, 8
Act or Part C of the Holt1elesa HouImg 1'}UI tenn includea a homeless faDllly, unit which contains no samtary faCllIlIes
~ Act of 1986 if the head of the famill' (or the spouse or food preparation faclhtles, or whIch
ESG fonnula city or county means 8 of the head of the fanl1ly) IS a contaUlS one bul nol both types Dr
metropohtan City or urban county that 18 handicapped peI"lon faclibes. and which IS BUltable for
ehglbfe to receive a (onnula allocabon HHS means the Department of Health occupancy by a lingle mdlvldual). (II)
under the Emergency Shelter Grants and Human Services per bedroom uRlt. In a group home or
program Homeless means hll) per umt W1thollla b~droom. In other
FQCJl1tlf~s desrgned prImarily to (a) An mdl\'1dual or famIly that lacks t)rpes of faclllhes, and
benefl! homeless elderly rndHldua/s B fixed. regular, Bnd adequate nighttime e2} $7.000 per Unit with one or more
Dnd homeless families With children reSIdence. OT bedrooms. In other types of facdlhes
mean. faCilities to asSist the homeless. {b] An indlV1dual or family that hall a OutpatJent heall,~ servIces means I
in wJuch more than SO percent (If the prunary mghttune reSIdence thst 18 (a} Outpatient health care (includmg
homeleu to be 8eJ'\Ied are elther (l) A Iupen.aea pubhcI)' or Pl'lyste1y on-Ille health ~reemnB and e\a}uallon. I
home lea eldedy inmV1dua.ls or operated .helter delJgDed to proVIde diagnostic eeTVIcel. health status i
~ .. 1Iomeleaa fUliliN with cluidntn. temporary bvmg accommodabODa momtonng, medication dlspenlllllll and - f
f)lder81 Register I Vol 52. No 201 I Monday, October 19, 1987 I Notices
-
.
.
monitonng. and referrel and follow-up
for health Iervicee); .
[b) Outpatient ment.1 bealth Iel'V1ces
(mcludlng mental health Icreening and
diagnosIS e\'aluahon of treatment
needs. prescnptJon and medlcahon
management. mdlvlduaJ and group
counsel mg. and referT!l.1 and follow~up),
(c) OutpatIent subelance abuse
servIces (mcludmg alcohol and drug
abuse evalualion and counsehng,
coordmatlOn and Mferralto appropriate
substance abuse services, and
momtorlng of chents]: and
(d) Case management service.
(mcludmg coordmatlon WIth elustmg
services and referral and tracking of
chent progress)
Permanent housing means the
component of the SHD program that
authonzes assistance for pennanent
housing for hancbcapped homeless
persons
Private nonprofit organizatIOn means
a secular or rehglOus orgam:Zallon. no
pari of the net earnmgs of which may
mure to the benefit of any member.
founder. contributor. or indIVIdual The
orgamzatlon must
(a) Have a voluntary board.
(b)(IJ Have a funchonmg accountmg
system that IS operated In accordance
With generally accepted accounlmg
pnnclples. or (II) deSIgnate an enbty that
Will mamtam a funcllomng accountmg
system for the orgamzahon m
accordance WIth generally accepted
accounting pnnclples. and
(c) Pracllce nondlscrlmmdllon m the
pro\ ISlon of assistance under SAFAH m
accordance With the authontles
descnbed m secbon F 6 [IJ. below
Project means fa) facIlities to aSSist
the homeless or (b) any achvlt1es
ehglble under SAFAH that the applicant
proposes In Its applicatIOn and HUD
approves for SAFAH fundmg
ReClpJent means an apphcant that
HUD appro..es as to finanCIal
responslblllty and that executes a grant
agreement With HUD to prOVide
assistance to the homeless under
.5AF AH
Rehabll1wtlon means labor, materials,
tools. and other costs of lmprovmg
struclures to. level that meets or
-exceeds apphcable State and local
government health and safety standards
Rehablhtatlon mcludes repairs directed
toward an accumulation of deferred
mamtenance. replacement of pnnclpal
fixtures and componenls of eXIshng
structures. installation of secunty
deVices. and lInprovement through
.herdtlOnl or additions to. or
-enhancement of. eXlstmg structures,
Jncludlng lmprovements to mcrease the
~rf1C.,P'l.t use of energy 10 structures
Reh..blhtallon does not tnclude mmor or
i
.
i
i
I
!
I
,
:!T.
routtne repairs or cometlc rep81ts or
improvements.
SAFAH or program mean. the
program of Supplemental ASSIstance for
Faclhl1es to ASSIst the Homeless
established by SubtItle D of TItle IV of
the McKmney Act.
State means any of the several Slates,
the Dlstnct of ColumbIa. the
Commonwealth of Puerto RICO. the
Vlrgm Islands. Guam. Amencan Samoa.
the Northern Manana Islands. the Trust
Temtory of the PaCific Islands. and any
other temtory or poaae88lon of the
United States
SubstantJal rehabIlitation means the
rehBblhtalJon of faclllIJes to assist the
homeless that involvel a tota! HUD
expendllure 1D excess of the moderate
rehablhtatlOn hmllatlons
SupportIve HOUSlllS Demonstration
progrom or SHD program means the
homeless assistance program
established by Sublltle C of TItle IV of
Ihe McKinney Act TIllS term mcludes
transItIOnal housmg and permanent
housmg
SupportIve servIces mcludes
(a) Food,
(h] ChIld care,
(c) ASSIstance In obtalOmg permanent
housmg.
(dJ OutpatIent heahh servIce.
[e) Employment counsehng.
[0 NutritIOnal counseling,
(g) Secun:y arrangements necessary
for the protectIOn of reSidents of
faCllltJes to assIst the homeless.
(h) ASSistance In obtaining other
Federal. State. and local assIstance
available to the homeless. mcludmg
mental health benefits. employment
counseling. medical assIstance.
Veterans' benefits. and Income support
aSSistance, such as Supplemental
Security Income benefits. Aid to
FamilIes With Dependent Chlldren,
General Ass:slance. and Food Stamps.
and
(I) Other servIces proposed by the
apphcan1 In Its appl'callon and
approved by HUD. that are essential for
mamtammg mdependent hVl1'Ig and that
address the needs of the homeless to be
served These servIces may mclude drug
and alcohol abuse programs and Job
tralnlOg Supporllve services do not
Include maJor medical equipment
TranSitional housmg means the
TransLl10nal Housmg Demonstration
program estab!Jshed by Part B of the
Homeless Housmg Act of 1966 and the
component of the SHD program that
authonzes assistance for transitional
hOUSing
Tribe means an Indian tnbe. band.
group or nahan. includmg Alaskan
Indiana, Aleutl. and Eskimos. and any
Alaska Native Village. of the Umted
38883
Slatea. considered an eligible recipient
under the Inman Self Detemlloahon and
Education ASSistance Act (Pub L. 93-
638) or under lhe State and Local FIscal
ASSistance Act of 1972 (Pub L 92-512)
Urban county means B county that IS
claSSIfied 89 an urban county under
section 102[a)(6) of the Housmg and
Commumty Development Act of 1974 In
general. urban counhes are those
counhes that are ehglble for an
enlJtlement grant under 24 CFR ParI 570,
Subpart D.
B ASSIstance Provided
1 Categones of ASSistance
Sechon 432(a} 8uthonzes HUD to
proVide assistance under SAFAH in the
followmg two categones:
ComprehenSive assistance and
aSSIstance ID excess of ESG and SHD
program funding These two funding
categones are dIscussed below
(I) ComprehenSive assistance
(a) General ASSistance WIll be
available under thIS funding category to
proVide comprehenl!llve assistance for
particularly mnovatlve programs for. or
ahemallve methods of. meet11'lg the
ImmedIate and long.tenn needs of
homeless mdlvlduals and famlhes. by
assisting (a) The purchase. lease.
rehabIlitatIon. or conversion of faclhtles
to asslslthe homeless. and (bJ the
prO\'lSlOn of support1\'e services for
homeless mdlvlduals The purpose of
thIS aspect of SAFAH IS 10 stImulate the
development and ImplementatIOn of
mno..atlve. commumty-based.
comprehenSive efforts to respond to the
problems of homeless mdlvlduals and
famIlies (See section 432(a)(2) of the
McKmney Act)
[b) Types of assistance available
HUD Will offer assistance under thIS
fundmg category In the forms of
-Ad,"ances to assIst In the acqulsltlOn,
lease. subSlanhal reh~bJhtBlIon, or
conversIOn of faCIlities HUD Will
ad\'ance sums to reclplCnls 10
defray the costs of acqUIsItion.
lease. substanhal rehabilItation, or
conversion ofstructut'es selected by
the reCIpients for use as faclhhes to
aSSist the homeless Advances are
mterest.free. and If the condItIons
descfl bed In sechon F 4 . below Bre
met, are not subject to repayment
The sale or d1Sposltlon of facdllles
purchased. leased. substantially
rehabJ!ltated. or converted With an
advance IS subJect to the
requlMments of sectIon F 5.. below.
-Grants for moderate rehabilitation
HL'D Will make grants to recipients
to defray the cosl of moderate
rehablhtallon of Itructures aelected
383&4
Federal Register I Vol 52, No 201 I Monday. October 19. 1987 I Notices
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by the reCipients for use as faclhtles
to 888ist the homeless. The 881e or
disposltlon of facilities rehabilitated
with 8 grant under thli paragraph
are 8ubJect to the requirements (If
sechon F 5 , below
-Grants For supportive semces HUD
will make grants to reCipients to
defrBY the cost of providmg those
supportive semces proposed by the
recipients in their apphcahon and
approved by HUD
(c) SelectIOn process The aelechon
process for comprehensive aSSistance
apphcatlons IS descnbed in seCl10n E.2.,
below
(Il} ASSIstance In excess of Ese and
SHD program fundIng
(e) General Under the second funding
category, assistance will be ."'allable to
cover costs In excess of assIstance
proVlded under the ESG and SHD
programs that are required to meet the
spec.al needs of homeless famllses With
children. elderly homeless indiViduals,
Dr the handicapped, or to faclhtate the
trarsfer and use of pubhc bUlldmgs to
assIst homeless mdlvlduall and
families One of tbe purposes of thIS
funding's to compensate For
programmatic n8ldltJes In the ESG and
SHD programs by providing appropriate
asslslance supplementing these tv.'o
programs {See section 432fa}ll} of the
McKmney Act)
(b] Types of ESG and SHD programs
SAFAH assistance under thiS category
of funding may only be made 8\'allable
10 conneetlOn WI th
-A project that has been approved for,
or haa received, funwng under the
ESG or SHD program.
-A project for which an application for
ESG or SHD funding has been
lubmltted. and the apphcahon
either is presentl)' pending or hdS
been deflled fundIng (A SAFAH
.pphcatlOn that requests assistance
in cOMechon with an ESe or SHD
application that 18 penwng. or that
has been denied funding. wtll be
.evaluated under the threshold and
TIlnk1ng mtenlll let forth m sections
E.2. Bnd E 3 . below. without regard
to the proposed ESG or SHe
pI"OgNm J. er
-A protect for which 1II11,tance il
eought to acquire property to be
used for sheltefll for homeless
famlhes With chIldren HUD
beheves that the fundmg of such
pf'O}t'cts under SAFAH ""III address
a major programmatic rigidity of the
ESe and SHD Plug, al1l8
(cl Types of 8uI,tance available
HUD will offer auistanoe under tb1~
- fIIDding~ iQ6e for&anI:
J
~
;
-Advdnces to 8SSlst m the acqul8ltlOn.
lease. substantial rehabilitatIOn. or
conversIon of faahbes. HUn will
advance SUlnlI to reCipients to
defrdY the c.oste of acquIsition.
lease, substantial rehabllilatlOn. or
conversion of structures selected by
the rel;lplents for use as foclliues to
assist the homeless Advances are
Interest-free, and d the conditions
deSCribed an lecbon F 4.. below are
met. are Dol subJect to repayment
The sale Dr wsposllion of fSCllwes
purchased. leased. substantially
rehabilItated. or converted with an
advance 18 lubJect to the
requlrpmenla of .ection F.5 . below
-Grants for moderate rehabilitation
HUD WIll make gra:1.tl to reclplen18
to defra'. the cost of moderate
rehabilitatIOn of Itru'"tures selected
by the reCipients for USI:: as fBelliue!
to assIst the homeless The sale or
diSpOSitIOn of faclhtlt~s rehabilitated
With a gf-ant under thIS paragraph is
subject to the requIrements of
lechon F 5 . below
-Grants for other purposes HUn Will
rrhike grants to reCipIents to defray
the costs of such other acth'1hes
that are requesled m the reCIpient's
applicatIOn and approved by HUD
as necessary to meet the speCIal
needs of romeless famIlies With
chIldren elderl) homeless
mdlnduals. or the handlcflpped. or
to faclhtate the traT'Jsfer and use of
public bUlldmgs to BS9lst homeless
tndn'lduals and familIes
(d) Selection pracess The aelection
process apphcable for apphcahons for
assistance m excess of ESG and SHD
program fWldlnS 18 described in section
E.3 , below
2 LImitatIons on the Amount of
ASSIStance
As noted above. the fIscal year 1987
appropnatlon for the SAFAH program is
$15 million. To en.ute that a8sutance
will be available to . reasonable
number of appbcanu, HUD baa JmpOsed
a maximum SAFAH grant award of 51
milhon per reapient lflJD he. DOt
imposed any mlnlm'1lll hmitation on the
- sIZe of the grant.
3 Limltabona on the Ute of Aali,tance
(1) Funding of eXIstl1l8 facilities or
services. SAP AH funds may only be
used to prOVIde new facilllJeB or
~f\'lces for the homeless. to expand
eXlshng faCIlities Ben.1D.8 the homeless.
or to proVide lervlces in addition to
those currenlly ptovllied to the
bomeless.
{iil Prim~riJy 1fI1;,Jow lJ/fJlllUmtJDt'I&
. {a) DIf8Dt ....~ (t) HlID wiD DOt
prOVide drrect assistance to pnmanly
religiOUS orgamzahonl to pU1"Chilse.
rehablhtate. or convert (aclull" to
assist tbe homeless...
{ll HUD may proV1de direct fundmg to
a primarily rehglOus organIZation for
other purposes. If the otgaDlzatlon
agrees to pro",de faclhues and
tlupporuve ten'lces lJl a manner that IS
free from rehglous Influences and In
accordance WIth other condlllons
descnbed In the grant agreement
(bI ASSistance to a wholly secular
private nonprofil organizatIOn
established by a pnmanly reh810us
organization (1) A pnmanly rehglOus
organization may establish 8 wholly
secular pnvate nonprofit orgamzalron to
lef\!e a8 a reCipIent. ThiS ""holly secular
organization may be ehglble to receIve
all forms of assistance avatlable under
SAF AH
-The wholly secular orgaDlzatlOn mUSI
agree to proVIde assistance to the
homeless m 8 manner tha I 18 free
from religIOUS mfluences and In
accordance WIth other tefms
descnbed an the grant agreement
-The wholly secular orgallolzatlon may
enter Into a management ccmtr8cl
wnh the prllnanly religIOUS
organizatIOn to operate faCIlities to
assist the homeless. Includmg the
proVISIon of supportl"e services In
such a case. the pnmanly religiOUS
orgamzatlon must agree in the
management contract to carry out
Us contractual respon!lIbllilles m a
manner free from religious
mfluences and in accordance Wlth
condItiOns prescrIbed by HUD
-Assistance proVIded to the wholly
secular orgaruzatlon to purchase.
rehabilitate. or convert faCIlities to
asSist the homeless are subject to
the requirernents of sechon
B 3 {h){ c), below
(l) HUD Will not requIre the primarily
rehglOus orgamZ8110D to establish the
wholly secular org8.lU%atlon before the
lelection ol1t. apphcal1on. In such a
cale. the pnmanly relJpoU8 organlZallon
may apply on behalf of the wholly
HCUlar organizabon. The applicauon
will be feVlnved on the baSIS of the
primanly relqpolll OlBSDwttJon's
financial reapon.lbllity. c:omnutmentto
aUeVlatmg poverty. capaCity, Its
conmntment to proVide appropnate
relources to the whollv secular
orgamzatlon after for~atJDn, Its
operating assurances and past
NBBonable effortl to utilize avaIlable
resource. <<.ee the threshold and
ranking entena deacnbed at sections
U and 3.. belo.. } AddtbonaUy, the .,
~ retigioua cq.....tton ~
~
~
'.....1 Resist. r Vol. sz. No. 3M 1 Mm1daJ. October HJ. 1:967 J Noti"....
3815
demonatr.... ma aIfth:aI..." ~
E.2 (1)(h)(3l(c) and E.3 (i.~)(4){cl iWld. 8
commLtment to tran&Cer control or the
sIte 10 the wholly seculal: orgaruzabon
a~er its formahon Smce. the whoIty
sel:ular orgamzatJollllwil1 not be In
eXIstence at the tune of the application.
It will be required 10 demonstrllte that it
meets the defimtlOn of pnvate Donprorrt
organl%'8tlOn IHld hn the appropnate
legal aa1bonry to parhCYJIste m the
program followmg RelectlOn. If sach an
application IS II~ b fm1ding. ttte
ob!tgebcwl of ful'u!e wiD be eomhtron.d
upoa tb comph~ W!th dtete'
reqult6il.... It Is
[cl Faalthes to 8IISill! the- homek.
owned by a primanly reliBIeall
orgUlElaholl. HUn witl not ~
assistance to reh&blh1aee- or COllyer!
faCIlities to BUiSt the bamelells that areo
ownee by a prunel'lly religiowl
orgalll%lltJon. unless
(I) The lItructure (or pQrbon of the
struc:tare) that IS to be rehabl:btated or
converted With Ute HlJD II8l1Stance h&s
been leased to a reCl.J'*lnt that ~ a
wloJolty lIecuiar organl%8b.fJIl
(2) The HUD asslstanc:e . provteled t8
the ~IU 10 lIl.ake the Imp1'Oft'!Nmts,
rather than to the pnmanly rellpOll&
orga mza tKlD;
(3! The leased. stNcture wIIl..used
exclUSIvely for secular parpcses
avaIlable to all persons ~ardJeSl caf
religIOn.
(4) The lease payments prov1ded to
the ptlmanly rehglOus Dlgawzauon do
not exceed the fair market rent or the
structure WIthout the rehabuitation.
[S) The cost of improvements th&t
benefit the portlon of the structure that
is not leased by the reC:lplent for use LIl
the program Will be anoc:aled 10 and
pald for by the pflmanly rehgrous
orgamzahon. and
(6) The pnmanly reltglOUll
orgal\lzdtlon agree! that if the recIpient
doe5 R01 retalR the UH of tfte I"sed
prel'l'lltlel for wholly Rcular pu",olell for
the useful life of the nnprovemems. the
pnmanty reh810w OrplUZSDon Mil peT
an amount equal to the rendtiBr ....Iue of
Ehe l.provement8 to the NCJPren4 and
the reCipleM WIll remit the ft'lCllIIIt to
HUD.
(UI) StnJCtun5 UMd ftJr mulllple
purposes Fl!cdltles assisted under
SAFAH may alm be UMd for other
purposes. For uampl.. I struc:ture nwy
cooJam fac.lrtJet for OIdpatlOf bn trh
care and lnay also be UI~ &0 prov1de
services ao the p.bbc It Iaq. or mclude
COlltl.real .pa1:e. UDder daese
clrcums1ancel, however. .NlStanee
under SAFAH will be a\'81lab1e only III
-proportxm to the de of the fulhbea to
~ tM bomelesa. No ..1Maace mey
/' be _ed to support the costs at Ullt
~
faclhty IfMr .,. not refated ttt prvT :.:..-..
~pPmM uHsteftee' to' t&e huu.c Ten.
(i\l) AdmmmretrrP crJ5~ No ~
than fiw percent M .. srmt or m
advance mMfe 1100er SAFAH may be
used 'or admln.!tn!tl~ ex~
[v] OutptJtJent health ser....1Ce
Outpatlenl health servIces must be
prOVIded In compharx:e wrth gtIttrelu.d
developed by HHS .nd I-RJI) (see
section 8.4. below). Not mOR tfnm
$10,000 of any grant or ad'f8nce 111Jder
SAP AH mey be !!Sed ,." oatpatierrt
~;:;:;~th sen"1Cn nus timitatfon does not
apply m alftO'lJ2'tbJ CAycl~Jed ror the
n:ftabmta tion Of" COil v.;:i:-tt01I of facintfea
to 88l1tl1t the ~ii:,,::lesll thaf are used to
pI'OYlae outpatrerrt health services
{VI] Mrll~rranceo!~rt. SAFAH
ulIlstance may not be used to supplant
any non-F~~i:G.t fo:iuurces provided
WItt, ~Gt to any proJect For
purposes of tins dause. non-Federal
resources meam l"l!'8Ources provuled
from any source other than the Federal
government CommunIty Development
Block Grants under title r of l:f1e Houliq
and Commumty Development Act gr
1974 are non-Federar resources
4 Overall tlse of asslstaru:e
Section 423(d} of the Md<.mney Act
requl1es HUD. to the maxImum ex.tent
practIcable. to ream'e not lesl than 50
percent of SAFAH f.mds for the &Uppert
of faC:lhtles deSigned pmllanly to benefil
hornelen elderly m~vidualB and
homeless famihes Wltll children. Thill
proVlS101l also requires tIlat a portion at
SAFAH fundi be used for clilld care.
faCIlities HUD wlt1llJlplement these
reqUIrements by laking one or all or the.
fonowll1j acUoD.s. to the extent HUn
determines S'llch acllon iJ necessary to
comply with section 432.(d). [1]
Awardmg pomts In the ranklDtl atep to
apphcatlona !hal meet the SAFAH
threshold reqlUI'f'mpnts and that propoa
thes.. types of Cac:llWes (aee lectlOnS
E 2 (u) and 3 (u). (2.} ""e"'pnhns tha p.gg.I
of app bca UOEl& &elected by HlID lot
environmental l'I!\LeW With appllcab0A6
that meet the. SAFAH Ihresbeld
requlrementB &Dd that prcpoae thue
types of facilitlJ!:a (IK aectmna U[l1")
and 3 (ill}). and (3] ulecbD& r~ fuadlDl
apphca1.looa that propoae these
actlvlbee and that ~ve reached the
final sefeeUon IteP. bu.t U'e 1.. ~y
ranked than app.\tcalJ,gna that cis BM
propose tl1e8l! faCIW,ws,
C ~SIVPHome.Jt!'ft Anmam:e
PIon
1 ProhibWQD of Anietance
~st~e URder- SAFAH mey De4 be
prOVided to. orwtaM the ~tiol'l ai,
a Star. or.... ESe formula city or
county. unless the ]tIr..th:tiOn ltft a
PftJD-BppPO'\'ect t"'.nmpreheaaIv.
Hameless AllIl.f2...<,~ PralL
2. Who llIuat He.. .u. Apprand ....
The reqUIrements desctlbed in
paragraph C 1 of tlu lect'lon apply to
SAFAH appllc:ants as follows
-If the applicant I. a Stale. the State
must have an appnlved Plan
-If the IJl!)Mant i8 an ESG fVl m ilIa crty
or COUftty. !be- cttr or ccnmty II:no1l1
haw 8ft .,pt'O'Md Pbi1t.
-II the II'J'IIftcet is It ~cdil..d cffy
fir lI!'beft emlmy tbt n not an ESG
formula cIty or ccUftty, the State In
wfuclr the fscdfNs to- amst the
homeless IrI"e to btt rocated mtISt
rr.~ an ltpprowd PlaD.
-If the ltpp~eant IS s prrvt!~ rrcmprofit
OIpm'latlon and the faahtln to
aum the homeless an to be
lo&ated Wllhm the jtmsdn:tlon of an
Ese formula crty or county. the Clty
CI' county must have an 8J1P1U'o''I!d
Plan. e!' If the ESG fomzl1}a City or
oounty doeos- Mot &aTe' II'Illlp~i.::....;:d
PIa!!, the State rmnt me an
approved Plan
-Ifthe apphcant III a pn\"8'te I1VUl'l"r.t
orgamzatlon and the fll'Cl.11flea to
USI,t the homeless are to be
loc:ated aut&tt1e ttJe jumdrcnon of
an ESe formula at}' or county. the
State m~t ha\'e an approved Plan.
a Tnbes
Ass~llCe !11ft}' be- J"O"I"lded to. or
wlthm the ]UtlSdlchon of. a trrbe wTtfu:nrt
a HlJD.approud Compwehennw
Home,". An'tStance pfan
4 NotifLCabol1 a.f Pian Requirements
On Aqv.lt 14. 1987 {52 FR 3(628).
HUn pabllshed tM requiremenls tbat
pertam to the Comprehermve Homelen
ASSistance PIaft PrOllpective apphcants
should fanahanze themselves With theft
requlrenumts.
D Apphcotion Pmcess
1 General
To be conaldered ror fWldln~ the.
ongmal and two copies &of the
apphcatlOD mu&l be received at the firs.t
addrus set forth U1 the be8111JU1l1 of tbWl
document n" tater thWl5.l5 p.m. (.e....t..1,.
December 3. 1987.
H1JD head'llMlrtetS wilr praCUI all
applicahons and' serect the lucce86f'ul
applications HUD will make Its final
aelechon. as looa as the apphr.."nnA
can be processed. but no later than
December 23.1987
2 Apphc:atilm CanCelli Requlre.ftI~
Hurl win Dot proYlde an ap~r,r~t.wR
padClI~ fer thiS program. 'MIe min.huum
appl1canon content requirements for
1
.....
..d
-
1
,
.
,
-
-
iiI
-
-
-
.....
~
c;:
""'11I;<
..1
--..
F~~l Register I Vol. 52, No. 201 I Monday. October 19. 1981 I Notices
comprehellllve a'Slstance appllcatlOIl8
and applicationl Hekm, u.i8tance in
ex.cess of ESG and SHD program
funding are set forth al an appendix to
thiS Notice
E. Select/on Process
1 Ovenrlew
The lelecuon process will have two
separate stages a review of applications
leeklng comprehensive ...lstance. and
a review of apphcatlons seeking
assistance in exeed of ESe and SHD
program funchng Each.t.qe Wlll consllt
of multiple Itep.
In the first atage of the selection
proce8S, HUD Wlll reView all
applicatIons seelung comprehensive
assistance HUD Will review each of
these applications to determme If It
meets all of the threshold cntena
announced under section E.2 (IJ, below
IT a comprehensive assIstance
application doel not meet all of the
threshold requlJ'ementl. it Will not be
selected for comprehensive asSistance
fund1ng Comprehensive assistance
applications that meet aU of the
threshold cntena Will advance to the
ranlung step.
Dunng the r~,,1cI'18 Itep, HUn will
evaluate each apphcabon for
comprehensive asststance Wider the
ranklDg cnlena described m secuon
E.2 (u). below Ranked apphcatlonl Will
be placed in order, based on the overall
pomts awarded to them under the
ranlong factors
After the complebon of the ranking.
HUD Wlll perform an envuonmental
review on the number of highly ranked
appllcatlons that HUD considers
necessary to prv,,,de an adequate pool
of application. to en8ure that the entire
avauable amount under SAFAH can be
comnutted to apphcatIOIa for
a1mprehensive ."Istance HUD may
augment the pool of bljhly ranked
.apphcatlon8 \V1th ranked applications
that propose facihtlel de'JgRed
primanly to benefit homelell elderly
ind1vlduala and bomelea, lamdie. with
children. or that propose child care
faeiliU... if HUD determinel that thiI is
DeCeI&ary to comply with aection 432(d)
of the MeKinney Aet If the amount of
funding reqoe.ted in the ranked
applicatlOnlll. Dot .umClent to enlure
that aU program fundi wiU be committed
to apphcatlon8 for comprehensive
alsi.tance. HUD Will perform an
environmental review for 0/1 ranked
apphcations The environmental review
will be performed in accordance with
the provulioN .f the NatIonal
Environmental PouCJ Act of 1_ (42
UB C. mt) U1d HUD'I Implemenlinl
.replaUOIlt at 24 U'K Part 50. DuriDa the
envlJ'Onmental review, t-nJD wlIl
determlne if an applicatIon reqwre. the
preparation of an Environmental Impact
Statement [ElS} Additionally. HUD may
make adlultmenta to the rating Bcore8
based on facta dllclo.ed donna the
envlfOnmenlal reVIew If an apphcatJOn
requires the preparation of an ElS or 11
HUn doel not perform an environmental
review on an apphcation because of It,
low ranlung. the apphcation will be
inehglble for funding
In the final Itep of the reVIew of the
comprehewllve BlII.tance applications.
HUD Will consider for final lelectlon.
the applications that advance from the
enVIrOnmental review Itep, With any
rabng adjustment made on the basis of
the environmental review HUD Will
fund the }ughellt ranked apphcatlons.
but reserves the nght to fund other
applications that 8ucceufully completed
the thlJ'd step, If necessary. (I) To assure
geographiC diversity. or (11) to .upport
faCIlities des1gt\ed pnmarily to benefit
hornelen elderly mdlviduals and
homeles8 faDlllles with chJldren. and
child care fecllities (Under lectlon
f32{ d) of the McKmney Act. HUD IS
reqUired. to the maXImum extent
pracbcable. to reserve not less thaD SO
percent of all SAFAH funds for
facllltles. With a portion of the funds
used for chJld care faclhlles }
HUD may use the semce8 of an
outSide panel of md1viduals with
expertise 10 housmg ma tters dunng the
final selecbon Itep If such a panel II
uttlu;ed. the panel ",'ould consider all
applicahoM that advance from the
envl.J'Onmental review step and would
make recommenda tiona for furllhnll to
the Secretary lbe Secretary would
consider the panel'. recommendabons
in making the fmalselecbon of
apphcatlons
If all program funds are not comnutted
to apphcatlons for ctImprehenslve
.lllltance dw1ng the first
(comprehensive alllatanee) ltage of the
.election procell. HUD will. CONl.lder
.pphcatloDl Heldng ...i.lance in
excell of!SG and SHD program
fundi.ng If IUch applicationl are
conlldered. HUD will conduct. four-
atep review IimUar to the review
performed on the .pplicatioD8 for
compreh.en8lve a..iltance (I.e. The
four-etep reVIew will conal It of
threshold review. ranking.
en\-"lI'Onmental review, and final
aelectlon) The threlhold. rankms. and
final selection factora \l8ed to evaluate
applications leekIng alli.tance in
excels of ESG and SHD program
fun,.hna, however. will differ from thOle
used to evahaate oomprehtilaive
alllstaJKle appUcatioas (tee NCtionJ
Its.(l) and (11). below.
z. ComprehenSive ~sist.ancL...
(i) Threshold requirements
(a) General (1) To be eligible for
evaluabon under the ranking tnterla set
out in sectton &2.(11). apphcatlons mUll
meet each of the follo"'"1Og threshold
en!ena (at modified for wholly secular
privale nonprofit organizatIOns
established by a pnmanly religIOUS
orgaruzauon under Hcllon B 3.(IIJ,
above)
(2) If HUn determmes thaI an
application falls to meet the threshold
critens in Hcbon E..3. related to 'Ite
control and zoning. that these are the
only defiCienCies in the apphcatlon
Wider the threshold entena, and that the
defiCienCies are correctable, HtJD may
contact the apphcant. ldentlfy the
deficlencles. explain how the
defiCiencies can be corrected. and
reqU1re the apphcant to correc! the
defiCienCIes. HUD Will establish II
deadhne for the 8ubmlSllon of the
add1nonalllte control and zomng
information that Will penmt the
Department to meet Ita deadlme. for
finalaelecbon.
(3) Apphcationl that fall to meet the
threlhold critena. mdudmg those that
have not been corrected WithIn Bny
additIOnal bme prOVided by HUD. wlll
not be eliglble for SAFAH fundmg
(b) Threshold critena
(1) Contents, bme and adequacy of the
application The application must be
filed Within the time penods estabhshed
by HUD m thts NotIce. must mclude aU
reqwred elements. and eon tam e,""1dence
or information suffiCient to IUpport each
of Its eJementa (See apphcatlon
contents reqwrements descnbed in the
appendix)
(2) Apphcant
(0) Eb81bility to receive aSSistance,
The appbcant mUlt demonstrate that it
i. a State. a metropolitan cIty. 8n urban
county. a tribe. or a private nonprofit
oraaruzabon. If the applicant i.
SIlbmitbn8 an apphcabon on behalf of
another entity, the apphcant mu.et
demoDltrate that both the apphcanl and
.the other enbty are eligible to
partldpate In SAFAH. al proVided in
the definition of appUcant under aecbon
A., above.
(b] F1nanclal responsiblhty HUD bas
detemuned. for purp08es of thiS
program, that all80vemmental entities,
inc1uchng tnbea. are finanCially
responsible. Any pnvate nonprofit
otgslUZ8tlon applYII1i for alllllance (or
on behalf of which an application II
aubmitted) MUlt demonatrate Ita
fin.DC18l reapo11libWty.ln malaD81t1
determination af ftnaDc:ia1 responalbUlty.
HUD will C01UIlder pcb. r.ctOrt .. the
Federal Register I VoL sz. No. 7JJ1 I !.4onday. October t9,. 1981 I Notice.
~
put 6nancfalM";-"",,,, ofdre
OrgllDlzation. Its current and 8Jl.~Cip8tecr
financial outlook. the amoun! of funding
that will be committed under the
proposal. and the ol1lamzatlOn's other
financial resp<lNllblllhes.
(c) Com!lHtmenl to alleviating ponrty.
Each applicant must show IS
COl11mllment t1ullevlatmg poverty la
dete,....lln.ng whether the appbcant
fulfills Un, thre,hold cnlenon, HUD Will
consider the applicant'. pa.al effmta. and
its conllmU.DfJ c:omm.JtlJl.E!Sd to sene
lower income petlOnl. and is tJ.e CAfe 01
. pnvaw nonprofit orguwboD.
whether the appL~nl'. orgaruqb(Bal
objectives foster Ien'ICe tD IUch
pel'lODa. (EVKieace or orgaDlubcNIiat
obJectlve. may be contained .. the
apphcant's charter. bylaws. artKlel of
incorpor.bon. DUB.lOa .lalement&.
mmute& of Its govermDg body. or other
orgamzauonal documents)
(d) Capacity. Each applicant must
demonstrate lbat the apphCaaf: (ar. iD
the cue of aD applicant that ~ 1m
apphcahoR 011. behaJf of another mtity.
the o\ber eOhtJ) hu the cODbDuulg
ability 10 effeCbyeJy prOVlCie Utl18taJl.ce
to homeless IDdlYlduaJs. ~~ due
crltenon, the apphcant must
demonatrate that the applicant for the
eotlly) IS able to Inlhate proposed
actl\'loes WltBm a reasonable tune after
execution of a grant agreement WIth
{ 'WD and In a successful maDDer. and 10
, onhnue to carry out the propoeed
aclJ'lIbes thro>~"'~t the term Df the
proposed CQ1I1mJbDe:nt 10 HUD lG I
IW:tessful manner In detel'1nlAins
whether the apphcahon meell thts
threshold cntenoa, HUD will COl1Ilder
the appbcant's (or the other ftbty'l)
expenence In ntabhlhmg andoperatll18
faClhUes to aUlst the homeless or In
proVIding or coordm8bng supporttve
fl!rvJCel HUD alBo WIll ccns1der the
ability of the apphcant'1 tor 1he other
e.Elbty'sl personnel to perform
admJmltrabv.. man&8enal. and
opera bOD function. nece.s.ry to the
IUcceslful devtdbpment and operahon
J1f faaJltJes to. a.LlI the bemele8a.
(e) LeseJ authonty Each apphcant
mUlt demonstrate that the apphcant
(and, In the case of an applicant that
lublJllt. an applk:atton on behat! of
another entity, the otber entitYllsas the
legal authority to participate In the
program and to carry out actrvibel In
accordance WIth 8M AM ~qulrements
and the reqt1lremenlJ of other applicable
Federal18w. and must cemfr that s
1'eIOIuttDn. motion or Ilmdar acnon bas
been duly adupted or paaled 81 an
offiCIal let by the pemln8 body of the
appbcant tand the other ennty)
(
authorizma the lubmissian orthe
application under SAFAH.
(3) ProPQsed faciities and aupportlve
Services
(a) Need. The applic8II1 mud
demonstrele that an unrnet need for the
proposed faCIlities and supportive
servll::es eXlsts in the area to be set'\'ed.
snd that lh1s need.. likely to. r;onunue
through the term of the prop08ed
epmm'tment to HUD. App.UcaDts should
use relevant. lJu.ormatlQn COIltamed ill-
the ComprehenslYe Home_
AsSIStance Plan to cIemoaJtmta Deed.
tb} Apprcpna\e11'" of \he propoeeQ
facihUeJL If *De appUc:atJ.oJ:l. .eeb
aaJataace. to acqwre. lease, rwbahd'11a.-.
or convert flicW!I.e& *0 ..&at \he
homelea. the IippUl".Ant mua.t
demon&trale that tile prgpoeed
Itrwcturel Bad ai.1 are appropn.ateofDr
the proVIIlOD of faabbes or mpportrve
servlcea for the Iwmeleu populahon
proposed to be Mrved In detemmuns
whether faclhtles Will be SUitable for tht
prOVision oIsupporbYe S!!1'V1ce8, HUD
WIll conSKler whether the Itructure 18
dest.gned In penJl.lt tJw prov1SlOl1 of
propoeerl on-elte luppottlve Sef'Vlces.
and whether a.ay proposed off-Site
Supportlve service, are readily
accessible
(c) Sllmg and zomng Except as
proV1ded In secUOll E.2.(I)(a)(2) above,lf
the appucatIon teeka USI!tRl'INO to
BCqUlnI. lease. rehablhtate or amvert
facilltu!s to allS.l~ the bomeleS5., the
appbcabon lJl.UBt lIleet the follow1l18
sLbrJg lIIld zonmg reqwremei!Q at t!le
hme of apphcabOD:
-The appheant must demcmttnlte tftrt
the applicant (or in tne case of aJI
apphcant that SUbflll3 an
application on behalf of another
entity. the otherenhty} has control
on !tie lite Involved For example.
the applicant may demonstrate that
it (Of' the other entftyt owns or has
an option to purchase. or leases or
t.'lS an option to leae. the structure.
involved;
-The applicant must deomonstrate that
the proposed use af the lIte III
pemulISlble under apphca bIe zoning
ordmances and reguIatioru. or
proV1de I statement descnbltl8 the
proposl!'d achona nel"~!~3ry to make
the ule of the alte pennllslble under
applicabJe zorung ordmances and
regulanons, and demenslrate that
there is a reasonable bUI! to
beheve that the proposed ZOOUla
action. Will be completed
luccessfully and Withm 30 days
foIlowrng the selecnon of the
apphC8rion for ful1dJ.na,
-11Ie apphcant must IUblIlIta
statement that the proposed project
....,
is Dot b:aWd hi. _y UlQ.year
OoodpWDo. .. dawgna tad by ........~
prepared by the Federal Emergency
Management Agency (fEMA~ if sa
percent or more of the blllIlg space
In the structure 18 deSIgned for
reSidents With mobility
lIIlpalrmenls. the apphcanl must
subrmt I Itatement tbat tbeprOlect
IS Dot JKatad 111 &DY 5QQ..YHf
i1ooCpJa5D. ... daip. ted .. FEJdA.
maps
The.,,&.'...r lHet one of'the
foUO'o'm1l!I reqWrRlerQ Wlltl rettpef:t II)
histone pnservetlon:.
-Th.e appfic8nt may proVide a tetter
from the State Historic Preslln'ation
Office!' (SHPO) JDd'Icatina Illat tl'Ie
facility to b4t funded WIder SAFAH
Win not involve an hiSloric property
&.I defined m 36 CFR 80J Z (; e" an
histone 01' prehllitonc dlslnct. Site.
bUIlding. structure. or oblect
lIIc1uded U1. or ehgIble Cor incluslOIl
in. the National Reilster of H:istDnc
Places) aod will not Involve a
&trocture that IS imm"'hately
adjacent to In tustorlc property that
IS lated on the fll!2;!I!er;
-if the facwnu lIl.volve an Iustoric
property that 18 lIIclodBd III or
ehgrble for mclU$lon in the Register
or ... unmedJately adracent to an
blstone property that ia listed on the
Regrsler, the applicant may
demon&tra Ie tba t the SHPO ha&
agreed t,g tlIe proposed U1Se of the
ptoperly and to meuW'e:Il to avoid
or red\K:.e any adverse eftecll of
such use, or
-!be apphcant may demmmtrate that
811 envlt't'fllN!ll.lal reV1e'W of the area
III wlncb t:be propoaed faclrtles are
to be located: (1) WII preVIOusly
completeG for the purpos.es of
another HUD program W1der 24 en
Part 50 or 58; IIIld (u) addressed
ptoperbeS. actlY1ba. and effects
comparable to thOle proposed for
assIstance ..aer SAFAH. (If HUD
finds that the pnor reonew apphet
till the propoeed lICtiVlbes. tins
threeboid ~ment wrfl be met.)
(4) Operating assurances. If the
applicahon involves auistance to
acquIre. lease, rebabdltate, or convert
facilities to auiat the homeless. the
applicant must demonltra te.ln the form
of alSurances acceptable to HUD. that
the faclhly will be operated to asslst the
bome1eaa for. bmn of not ten thBn 1.0
yean from the date of mitlal occupany
(5) Innovation The applicant must
demwalrate that the prapoaal m'iolvu
. partK:ulatly in..,:,vatlve progtamfor...or
alternate method a!meetmg the
immediate and long-term needl Df
~
38888
Federal Register I Vol. 52. No. 201 I Monday. October 19, 1987 I Notices
~
homeless individuals and families HUD
will consider whether the proposal uses
a new or unu(;ual approach that holds
promise of successfully provldmg a
program that will meet the unmedlste
and long.tenn needs of homeless
indIVIduals or families
(6J Reasonable efforts The apphcant
must demonstrate that the apphcant
(and. m the case of an applicant that
submits an application on behalf of
another entity, the other entity) have
made reasonable efforts to-use all
available local resources, mcludlng
State and local government funding (e g ,
CommuDlty Development Block Grant
fundsJ, resources available from the
pnvate sector. and resources available
under TIUe IV of the McKinney Act (the
ESG program, the SHD program, and the
Section 8-Moderate RehabilitatIOn
program for Smgle Room Occupan)'
Dwellings authonzed under Subtitle E}
The apphcatlOn must also demonstrate
that these other resources are not
suffiCient or are not available to carry
out the purpose for which the assistance
is being sought
In determmmg whether reasonable
efforts have been made to obtam
McKinney Act funds. the apphcant must
show that either the applicant {and the
other entltyJ or the proposed actl\'ltles
are mehglble for fundmg under the
requirements of the descnbed programs.
or If the proposed actiVIties are eltglble
for fundmg under one or more of the
programs that the apphcant (and the
other enbty) sought and were not
granted suffiCIent fundIng under the
programs as of the SAFAH application
lubmlssion date
In consldenI18 whether reasonable
efforts have been made to use local
resources HUD WIll conSIder such
factors as fund-rallmg actIVIties
undertaken by the apphcant (and the
other entity), and any requests for
assistance for avauable funds made by
the apphcant (and the other entity) to
State or local govemmente or pnvate
entities. auch .1 ,..hA~table orgamzabonl
or pnvate buamease.
(7) Consistency WIth Comprehensive
Homeleu Alslltance Plan Applicants
mUlt proVide a cert1fical1on from the
public omc1al responsible for lublIl.ltbng
a ComprehenSive Homeless AsSistance
Plan for the appropnate jurisdiction (al
descnbed under secbon C.2 abo\'e).
staling that the proposed actIVIties are
conSistent With the apphcable
ComprehenSive Homelell8 AsSIstance
Plan
(8) Displacement Each applicant must
certify that the proposed activlllet will
Dot retlult in the temporsl')' or permment
dlaplaoement of any penon or entity.
MUD will not fund applicaUoDl that wm
l
--.
iio
-.J
-!
cause any mdlvldual. family,
partnershIp. corporation. or association
to move from real property or to move
Its personal property from real property
because of an actual or Impendmg
acqulsltlOo or rehablhtatlon of real
propf'rty, in whole or In part, for a
project
(9J Outpatient health services If an
applicant seeks Ilsslstance for the
prOVISIOn of outpabent health services,
the applicant must demonstrate that the
proposal for delivery of the outpatient
health seMces meets the guidelines
developed by HHS and HUD
Additionally as noted above. HUD Will
not approve an apphcatlon that seeks
more than $10.000 In asslstam:e for such
services (excluding the cost of any
rehablhtatlon or conversion) If the
proposal for the prOVISIon of outpatient
health seMces does not meet the HHSI
HUD gUldelmes. HUD may fund the
remamder of the application If the
application IS operationally feasible
Without the services
(lO) Proposal feaSibilIty Each
applicant must demonstrate that 1t8
proposal. when VIewed as a whole. 18
operationally feaSIble and prOVIdes
adequate facilIties and supportIve
seMces to serve homeless mdlviduals
and famlhes under SAFAH
(II] Rankmg
In the second step of the re\'1ew of
comprehenSive assIstance apphcatlons.
all apphcatlons that meet the above
threshold requirements Will be placed m
ptlOtlty funding order based upon thelT
8cores on the foIlowlI1g raru.ang CtItena
The cntena are IUlted m order of the
number of pomts to be accorded to each
m the ranJung proceS8
(a) Innovative quahty HUD Will
conSider the extentlo whIch the
proposal Involves a particularly
innovative program for. or alternate
method of. meetmg the unmedlale and
long-term needs of homeless mdlVlduals
and famIlies. In aue8smg an application
under tlus crllenon. HUD WIn consIder
the degree to which the applJcant
demonstrates that the proposal Wles .
new or unWlual approach that holds
promise of .ucceasfully meeliD8 the
immediate and long-term needs of
bomeless imbviduals or famihes.
(b) ComprehenSiveness of proposed
auistance HUD WllI conSIder the
comprehenSiveness of the proJXlsed
assistance m servUl8 the idenufled
homeless population In consldenng
whether the proposed assIstance IS
comprehenSive, HUD wdl consider
whether the facilities and .upportive
Hrvtces to be provided under the
proposal. and to be available. from
others in the uee propoted to be IMf"I8d
by the appUcat1on. wtl1..t>>lf the
Immediate and long-term needs of the
homeless populatIOn 10 be set\'ed HUD
Will award the maximum number of
pomts 10 applications thaI demonstrate
that the follov.mg WIll be prOVIded 11]
FaCIlities and supportive services to
meet the Immediate needs of the
population to be served (e g, temporary
housing. food, appropnate clothmg
medIcal needs elc), and (2) hOUSing and
supportIve servIces to meet the long-
tenn needs of the population to be
.erved (e g. permanent hOUSing or
assistance In obtaining permanent
housing and supportive sen'lces
necessary to move members of the
homeless population to Independent
bVlng. such as lob !raIDmg and
employment counsehng. nutntlonal
counselmg. etc)
(c] Leveragmg
(lJ General HUD .....111 conSider the
extent to which the apphcant l!lnd, In
the case of an applIcant thaI so.,bm'ls an
applicatIOn on behalf of another entity.
the other entity) wlllle\'erage the
amount of assistance to be prOVided by
HUD under SAFAH With funds and
other resources from other public or
pnvate sources HUD Will award the
maXImum amount of pomts to
applicatIOns that will leverage to the
greatest extent the amount of assistance
to be proVided
(2) Computation of the leveraged
amounts
(a) Except for funds made available
under the Community Development
Block Grant program. funds proVlded
under a federally aSSisted program WIll
be excluded m computing the amount of
leveraged funds
(b} Funds that are currently used to
prOVIde asSIstance to the homeless Will
be excluded from the leveraging
computatIOn,
(e) Leveraged resources that may be
included are' monetary contnbuhons
from public or pnvate orgamzatlons.
donated matenal.. luppl1e.. equipment
or .tructurea. the value of any lease on a
bUlld1D8. any salary paid to elaff of the
recipient (or of the other entity) for work
related to the propoaal. and the tune and
.eTVlce contrIbuted by volunteers (For
the purpose. of tlul aecban, time and
servtce. contnbuted by volunteen must
be computed at the rate of five dollars
per bour )
(d) Applicant capacity HUD will
conSider the relative ability of the
apphcant (or, ID the case of an apphcant
that 8ublIl.lts an apphcat10n on behalf of
another enhty, the other entity) to
inillate the proposed acbvitle. to serve
the homelest within a re.uonable blDf'
and In . IUCCl88IfuJ manner. aDd to
continue to carry out the.. actiVIties
l
:i
Federal Register f Vol 52, No. 201 I MonddY, October 19. 1981 I Notice.
38889
throughout the tenn of the proposed
commitment in 8 .uCCBssful manner The
factors that HUD \IV\1l cofUl1der in
mdkmg this judgment are dIscussed in
secllon E-2(1)(b)lZ}~dJ al..u\<c HUD will
assign the greatest number of pomts
under .hls crllenon to applications that
demonstrate expenence In eSlabhshmg
and operatmg facIlIties 10 8S$lst the
homeless and m provldmg or
coordmatmg the provIsIon of supportive
serviceS, and that demonstrate on the
baSIl of prior expenence. the greatest
eblhty to carry out activIties under the
program e7llpedltlOusly and ~.JccessfuUy.
le) Strategy HUD WIn consider tfre
extent to which the proposal reflects a
dear understanding of the needs of the
homeless populatIon to be served and
appropnately responds 10 these needl
Under thiS ranking cntenon. HUD Will
evaluate the extent to which the
proposal renects the unmet needs of the
homeless. !'IS ldenttiied In the
Comprehens1ve Homeless ASSIstance
Plan for the approprtate )unSdlctlon
under section c.z above. and the extent
to which the proposed strategy
addresses those needs HUD WIll award
the ma.X1mum number of pomts under
thiS cnteflon to proposals that, to the
greatest extent reflect the needs
corlamed In the Plan and propose
strall'gles that d1recth respond to these
needs (Applicants that are trlbes and.
thus do not halie a ComprehenS1\ e
t-lome!ess ASSistance Plan. will not be
.enahzed u"lder Ihls ranking cntenon )
(f) Task force HUD believes that
mednlllgful response \0 the
homelessness problem IS besl developed
bv the coordmated efforts of members of
the Stdte OT lo~hty who represent the
full dwerslty of the Stdte', or locallty's
expel"lence, and v.ho understand the
SIze and charactenSlic, of the homeless
populallon, the efforts that are already
underway to aSs1st the homeless In the
area. the efficacy of I.bese programs In
the commumt) and the 8\'allablllty of
addlhanal resources In the commun1tv
to assIst the homeless These efforts. .
-:v.'hlch would generan~' take the form of
a task force or SImIlar wotkmg grQUP,
-tihould be able to. bnng to bear on the
needs of the homeless- broad-based and
endunng community commItment,
acceSll to resources, and leadershiP to
-o\'ercome obstacles and barner to
('oordmatlon
Accordmgly, HUO wtllUS1gn rating
-pomt. based on whether the appl:catlon
IS supported by a task force or group. a&
dC5wbed be\aw MUD WIll asSIgn p01nts
under \tus factor based on the foUowmg
three components.
{1~ Formation HUn Will 8s$lgn pomts
:to an application that Illupported by ·
18lk force or group that hat! al It.
purpoees the imp18lZ1entat1on of short-
and lana-term communIty-wide
atrstegle. to. addres. the problema of the
homeless, and the coordinatton and
procurement of resources to implement
these strategJes HUD will Qlstgn the
maxImum number of pomts under thIS
rankmg factor to apphcahons that are
supported by a task force or group thaI
haslluch purposes and that mcludes
commumty-wlde representation
cons\sbng of representatives of the
applicant {and. In the ca&e of an
epphcBnt that &ubauu an apphcahon on
bt>half of another enhty. the other
en.lty}. loca18ovemmenta and agencIes,
pTlvate nonprofit agencies that serve the
homeless, and the pnvate Hctor
(2) CommItment HUD WIll a8B\gn
pomts based on the ex~ent of the
commItment of the task force or group to
the tmplementahon of the community-
WIde slrategJeB and the coordmal1on
and procurement of resources to
Implement these strategies The extent
of the comm1tment may be
demonstrated by letters Signed by the
mdlVldual members of the task force or
group. mdlcahng the role that the
member (and the enhty or entIties or
constItuenCIes he or she represents) y,HlI
play tn the actIVItIes of the task force or
group The letters should descnbe the
role of the mdl\i"\dual (and the entity or
conshtuenCIe5 he or s~e represents) In
the 1mplementatlOn of the commumty-
Wide strategy, and the extent to which
the meMber (and the entlty or entItIes or
conshluencles he or she represents) Will
comnut Its own resources, or assIst In
secunng resources from others. to
Implement thlll strategy The maximum
number of pomts WIll be awarded to
appllcahons that shov. that each
member of the task force or group (and
the enhlV or entitles or constituenCies he
or she represents) has demonstrated a
SIgnIficant commitment of \lme and
resources to the actl"ltHls of the task
force or group,
(3) Part!clpatlon of dllef elected
offlclal Because HUD place.
Importance on the Implementlltlon of
commumty-wlde strategies. Hun WIll
cons1der the extent to Whli:h a duef
elected Offll:lal of a govenunental
)unsd1ctlon to be served by the proposal
has demonstrated an active. personal
commItment 10 partICipate m the
actlVllles of tbe task force or group, 8.
desGl1bed above The maXlmum number
of pomts under thll cntenon Will be
gIven to apphcauonl that are supported
by a task force or group that 1& attended
and chaIred by lIuch an offiCial
19} SpeCial homeless populat1ons
Under thIS cnterion. HUD will conSider
whether the application propo.el
faclltllel des1gJled pnmanly to benefit
-~-
bomelell elderly indh".dWlI. and
bomelel' faonUel Wlth chiidrPn, and
whelher the apphcauon rropose.
facahhes to be used for child care The
maXimum number of pomts Will be
awarded to apphcatlons that propose
faCilitIes des1gned pnmarl1y to henefit
homeless elderly mdlVlduals and
homeiess famIlies With children
(Illl EnvlronmentaJ reVlew
(a} General. After the completIon of
the rankmg, HUn will perform an
enVllonmental reVlew on the number of
apphcatJOns nece811ary to provide all
adequate pool of appbcatlOns to ensufil
that the entire aV811able amount under
SAFAH can be cOIDIlllUed to
applications for comprehenSive
assIstance HUD may augment \hIll pool
Wlth other ranked appbcatlOns that
propose faclhbes deSigned pnmanly to
benefit homeless elderly mdnl1duals and
homeless famlhes Wlth children, or thaI
propose child care faclllhes, If HUD
deternunes that thIS 18 necessary to
comply Wlth section 4J2(dl of the
McKmney Act. 8S desCI1bed above
Apphcallons that do not receive an
em:uonmental reVIew WIll not be
,elected for funding If the amount of
fundmg requested In the ranked
apphcal10nB Will not ensure that all
program funds wlll be commItted to
Bppbcatlons ror comprehenSIve
BSslstance. HUD wlli review all ranked
appbcatlOnS
(b) Environmental conslderatlons In
conductmg the en"lronmental reVIeW,
H1JD WIll assess lhe environmental
effects of each app\JcatloTl m
accordance WIth the proVISIons of the
National Environmental Pohcy Act of
1969lNEPA) (42 Use 43Z1} and HUD's
Implernentmg regulations at 24 eFR Part
SO AIry appllcatton that req1.l1res an
En\'1ronmentallmpact Statement (EIS}
(generally, those appln:abons that HUO
delemunes w~u'd have a slgmficant
impa(:t on the human enl'lfOnment. 1R
accordance w1L" the env1fanmental
assessment procedures at24 CFR Part
SO. Subpart E) IS nol ell!llble for funding
Appllcant8 8hould be prepared to
prov1de such eddltlonallDformatlon as
HUD may request to complete the
envuonmental review
(c) Ratmg adjustments l11 Ar. a result
of the envlronmenta.l reVieW, HUD may
fmd that it cannot approve an
apphcatlon unless adequate measures
ate taken to mlhgate environmental
impacts (See e g. 24 eFR Part 51}
Accordmg.l.y. HlJD Will adlust the rahng
scores of such apphcatlOns. bued on
the antiCIpated l1me delays in adopting
appropnate Lmpact mitigation meallures.
{z} The enVironmental fe,new often
wJlI reveal mformation not contamed In
~t'O
Federal Register I Vol. 52. No 201 I Monday. October 19. 1987 I Notlces
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the application that mdY have rele'oance
to the elet:llon process HUD will make
further adjustment. to the rating!; Ldlled
on the mformatlon revealed during the
environmental revle....
(I"') Fmal selectIOn In the final step of
the selection process, the h1ghe&t-ranked
apphcatlOns Will be COn!udered for final
selection m accordance with their rank
order, as determ10ed under Becbon
E.Z (II), and any adJustments made
durmg enVIronmental review under
.eetlon E 2 (Ill), above
As noled above, uncler .echon 432(d)
of the McKInney Act. HUD i. required,
to the maXimum extent practicable. to
reserve not less than SO percent of all
SAFAH funds for the llUpport of
facilities deSigned primalrl)' to benefit
bomeless elderly mwvlduals and
homeleu famllle8 With children (and a
portion of these funds must be used for
child care faCIlities) Additionally. that
sectIOn requlfes HUD. to the extent
practtcable. to dlstnhute SAFAH funds
eqUItably across geographic areas
In accordance WIth these
requirements. HUD may .ubstltute one
or more other highly rated apphcatlOns.
11 the top-rated applicatiOns under the
tsnkmg entena desc:nbed above do not
BnllUre an eqUItable mstnbutlon across
geographIc areas. or do not ensure that
at least 50 pen:ent of all funds prOVided
under thiS category of fundmg Will
support faCilities deSigned pnmanly to
benefit homeless elderly mdlVlduals and
homeless familIes With children
(1Odudmg a porbon of funds used for
child care faClhtlea 1
3 ASSIstance m excesa of ESG and
SlID program fu[)rlmo
If all funds are not-comuutted to
applications for comprehenSive
.&Alltance dunng the first stage of the
selechon process. HUD WIll conSider
applIcatlons seekLDg as&lstance in
excess of ESG and SliD program
funding The threihold requirements.
rankmg cntena, envlforunental review,
and final telechon process for such
applicationll are deacl'lbed below.
(I) Threshold reqwrements,
tal General (1) To be ellg1ble for
evaluabon under the rAnklnO entens let
out in lecbon E.3.(u). ~pphcibons mu.st
meet each of the threshold cnteria
deKrlbe4 below [al moddied for wholly
secular pnvate nonprofit organizatloOJ
established by a pnmanly religIOUS
organIzation under section B 3 (II).
above)
(2) If HUD determines that an
apphcatlon falli to meet the threshold
cnterla in sectIOn &3 related to aite
control and zomng that these ate the
only deficienClel in the apphcabon
under the threahold criteria. and that the
defideudes are correctable. HUD mat
~
..
contact the applicant. Identify the
deficienCies. explaIn how the
defiCleDCles can be corrected, and
reqUIre tbe applicant to correct the
defiCIenCies HUn WIll estabhs'l a
deadline for the submiSSIon of the
adwtlonal slle control and zomng
mformatlon that Will permit the
Department to meet Iti deadlines for
fmal selectIOn
(3) ApplicatIons that fall to meet the
threshold cnlena. 10cludlng those thaI
have not bel'n corrected wlthm any
additional Ume proVided by HUD. Will
not be ehglble for SAFAH fundm.g
. (b) Threshold cntena
(1) Contents, time and adequacy of the
apphcatlon The application mU8t be
filed wlthm the time penods established
by HUD 10 thIS Notice and must mclude
all requIred elements. and contam
eVldence or mformalion suffiCient to
support each of Its elements (See
apphcatJon cot1tents reqUirements
descnbed In the appendix)
(Z) Applicant
(a) Eligibility to receive assllitance
The applicant must demonstrate that It
18 a State. a metropohtan cit)1. an urban
county. a tnbe, or a pnvate nonprofit
organization H the apphcant IS
submlthng an appllcahon on behalf of
another entity. the applicant must
demonstrate that both the applicant and
the other entJty are elIglble to
partiCipate In SAFAH a8 provided In the
definition of applicant under secuon A,
above
(b) FmanClal responsibility HUD has
detemuned. for purposes of thIs
program. that all governmental enhtIes,
mcludmg tnbes. are finanCially
responsible Any pm-ate nonprofit
orgamzatlon applYing for assistance (or.
on behalf of which an apphcahon is
subrmtted) must demonstrate Its
finanCial teSpOn!llblhty In making Its
detenmnal10n of fmanclal responsibIlity.
HUD w1l1 conSider lIuch factors as the
past finanCIal Ius tory of the
organization. its current and anhclpated
finanCIal outlook. the amount of fundmg
that Will be committed under the
proposal. and the organizalton'. other
finanaal responslbllit1ea.
(e) Commitment to alJevtahng poverty
Each apphcant must show a
commitment to alleV18tU18 poverty In
detennlnmg whether the applicant
fulfills thiS threshold cntenon, HUD will
conSider the appllcanl's past efforts and
ita contInuing comlIUtment to serve
lower Income persons. and In tbe case of
a private nonprofit organIZation.
whether the applicant's orgllmUllional
obJectives fOiter aervice to wch
persons. (Evidence of organizational
obJ8Cbve. may be contained in the
applicant's cbarter, by-law&. articles of
incorporallon. miSSIon statements.
minutes of It I govenung body. or othf'r
orgamzalional documents)
(d) CapaClly Each applicant must
demonstrate that the apphcant (or. In
the case of an applicant that submlls an
application on behalf of another entl....
the other entity) has the contlnumg
ablhty to effectively pro\lde asslstdnce
to homeles8 mdmduala Under thl8
enterlon. the applicant must
demonstrate that the apphcant (or the
other entity) II able to mltlate proposed
actlV1hes W1thm a reasonable hme after
execuhon of a grant agreement WIth
HUD and In a luccessful manner. and to
continue to carry out the proposed
8ctlvltleb throughout the term of the
commitment under the proposal In a
successful manner In determlnmg
whether the apphcatlOn meets tt's
threshold cntenon. Hun \\'111 con~lder
the applicant's (or the other entlty s]
expenence 10 operating faCIlities to
8SsIstthe homeless or In prq.\'ldmg or
coordmatlng supportive servll::es Hun
also Will consIder the ability of the
applicant's (or other entlty's) personnel
to perform adminIstrative managenal.
and operstlonal functions necessary to
the successful development and
operahon of faCilities to assIst the
hOMeless
(e) Legal authonty Each applicant
must demonstrate that the apphcanl
(and, In the case of an applicant that
submits an application on behalf of
another cnhly. the other entIty] has the
legal authonty to partICIpate In the
program and to carry out aclivlhes In
accordance With SAFAH and the
reqUirements of other applicable Federal
law, and must certlfy that a resolution.
motion. or smular aclion has been duJ\'
adopted or passed as an offiCIal act by
the govemiD& body of the applicant (and
the other enht}) authonzmg the
.ubnusslon of the apphcatlon under
SAFAH
(3) PropollaJ
(0) Statua of ESG or SlID program
Each apphcant must sbow that the
apphcabon 11 made in connection W1th
-A project that hall been IIpproved for.
or b.. receIVed fund10g under the
ESG or SHD program,
-A proJect for which an application for
ESG or SHD fundmg has been
submItted and the application
either 18 presentl} pending or has
been demed funding. or
_A project for which asslstance IS
BOught to acqwre propert)' to be
used for shelters for homeleu
familie. with ch1ldren.
~
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Federal Register I Vol. 52. No. 201 I Monday. October 19. 1987 I Notice.
(bj Purpose Each applicant must
demonstrate that the propoaal win serve
the pW"pOtes of the ESG program or the
SHD program Applicants seeking
assistance must demonstrate that the
proposal WI)) serve or complement the
followmg goals
(1) The proposal WIll Improve the
Quahtyof eXisting emergency shelters for
the homeless. make available additIonal
emergency shelters, or help meet the
costa of operatmg emergency shelters
and of proVIding supportive servIces to
homeless mdlVlduals. 10 that thele
persons wlll have access Dot only to
lafe and samtary shelter. but al80 to
suppol11ve servIces and other kmds of
a!!llslance they need to Improve thelr
bves.or
(2) The proposal WIll allslllt In
faCIlitating the movement of bomeless
mdlvlduals to mdependent hvmg Wlthm
a reasonable I1me or will ass lilt 1D the
prOVISIOn of permanent hOUSing and
supportive services to handicapped
homeless Indl'.lduals
(e) Each applicant must demonstrate
that SAFAH assistance Will either serve
the speCial needs of homeless famlhes
WIth children. elderly homeless
indiViduals, or the handicapped. or
faCIlitate the transfer and use of pubhc
bUIldings to assist homeless mdlviduals
and families
[4} Proposed faclhtles and supportive
sen.lces
(a} Need The apphcant must
demonstrate an unmet need for the
proposed faCIlitIes. proposed supportive
services or other assIstance to be
prOVided to the homeless under the
proposal Applicants must demonstrate
thatlhe need eXlsls In the area to be
served, and that thls need IS hkely to
conhnue through the lerm of the
proposed commitment of HUD
Applicants should use rele\ant
mformatlon contamed m the
ComprehenSive Homeless ASSistance
Plan to demonstrate need
(6) Appropnateness of the proposed
faclhlles If the apphcatlon seeks
assistance for faclhtes to assist the
homeless the apphcant must
demonstrate that the propolled
StruCturel and sites are appropnale for
the prOVISion of facilities. supportive
services or other aid to be proVlded to
the homeless populahon proposed to be
lerved In detenmnmg whether facilities
Will be SUitable for Ihe proVISion of
supportive senlces, HUD will conslder
v.'hether the structure IS deSigned to
pemllt the provISion of proposed on-site
supportive services. and whether any
proposed off-Site supportive senlces are
readily accessible
{el Sltmg and Zomng Except as
prOVided In secbon E.3 (1)(8)[2) above. If
the apphcabon .eeke aUlstance for
'aClhhe. to alsist the homeleas. the
apphcabon mu.t meet the following
Slung and zoning reqwrement8 at the
Ume of application
-The applicant must demonstrate that
the applicant (or. m the CBse of an
apphcant that submits an
apphcatlon on behalf of another
entity, the other entity) has control
of the site Involved For example.
the apphcant may demonstrate that
lt {or the other entity} owns or haa
an option to purchue, or leases or
hu an option to lease. the structure
mvolved.
-The applicant musl demonstrate that
the proposed ulIe of the lite 11
penmsslble under applicable zoomg
ord1nances and regulatIons, or
proVlde a statement descnbmg the
proposed acUons necessary to make
the use of the slte penmsslble under
applicable zom."lg ordmances and
regulatIOns. and demonstrete that
there is a reasonable baSIS to
beheve that the proposed zonmg
aCllons Will be completed
Sllccessfully wlthm 30 days
follOWIng the selectIOn of the
apphcatlOn for fundmg
-Thp apph:ant must submit 8
statement that the proposed prolect
IS not located In any tOO-year
floodplain. as deSIgnated by maps
prep,ued by the Federal Emergency
Management Agency (FEMAl If 50
percent or more of the IIVlng space
In the structure IS deSigned for
reSidents Wlth moblhty
Impamnents, the applIcant musl
submit a statement that the project
lS not located In any 500-year
floodplain. as delllgnated on FEMA
map!
The applicant must meet one of the
follOWing requIrements with respect to
hlstonc preservation'
-The applicant may prOVide B letler
from the State Histone PreservatIOn
OffIcer (SHPO) mdlcatmg that the
faclhty to be funded under the
Program will not Involve an hl!torlc
property as defined in 36 CFR 800 Z
(1 e. an hutone or prehlstonc
dlslnct, slte, bUlldmg, structure. or
obJect mcluded m. or ehglble for
mcluSlon In. the NalloDal Register of
Hlstonc Places) and Will not Involve
a structure that is Immediately
adjacent to an histone property that
III hsted on the Register
-If the faClhtIes Involve an histonc
property that IS mcluded In or
ehglble for lJldUSlon m the Register
or II Immediately adjacent to an
hlstonc property that il h.ted on the
Register. the applicant may
38891
demoDBlnte that the SHPO bas
agreed to the proposed ~e of the
property and to measures to avoid
or reduce any adverse effects of
luch use.
-The apphcant may demonstrate that
an envltonmental review of the area
in whIch the proposed faclllhe! are
10 be 10CClted (I) Was preViously
completed for the purposes of
another HUD program under 24 CFR
Part 50 or 58, and (II) addressed
propertlel. actiVltlel. and effects
comparable to thole proposed for
alsistance under SAFAH. (If f-nJD
finds that the prior reVlew apphes
to the propoled acb..,hes, tlus
threllhold reqwrement wtll be met)
(5) Operatmg assurances. If the
appltcabon involve. 88111tance for the
purchase, lease. rebablhtatJon, or
conversIOn of facilities to assist the
homeless, the apphcant must
demonstrate, m the form of assurances
acceptable to HUD. that the faclhty WIll
be operated to asSiSt the homeless for a
term of not less than 10 years from the
date of ImtJal occupancy
(6) Proposal feasIbility If the
applicant (or. m the case of an applicant
that submits an apphcatlon on behalf of
another entity. the other ennty) seeks
SAFAH funding m connecllon WIth a
proJect that has been approved for. or
has received fundmg under the ESe or
SHD program, HUD may conSIder the
Ese or SHD proJect in deterrJ'lmmg
v.;hether the SAFAH proposal IS
operal1onallj.' feaSible In all other cases.
the apphcal10n must demonstrate that
the proposal IS operatIonally feaSIble
Without ESe or SHD fundmg
(7) Reasonable efforts The applicant
must demonstrate thaI the applicant
(and. In the case of an apphcantthat
submits an apphcal10n on behalf of
snother entity the other entIty} have
made reasonable efforts to use all
available local resources. mcludtng
Sta te and local government fundmg (e g .
Commumt)' Development Bloc" Grant
funds), resources available from the
pnvate sector. and resources avalldble
under Title IV of the McKmney Act (the
ESe program. the SHD program, and the
Section 8-Moderate Rehablhtation
program for Single Room Occupancy
Dwellings authorized under Subtitle E)
The appllcahon must also demonstrate
that other resources are not suffiCient or
are not available to carry out the
purpose for whlch the assistance is
bemg lought
In detenmnmg whether reasonable
efforts have been made to obtain
McKinney Act funds. the apphcant mu.t
.how that either the applicant (and the
other entity} or the proposed activities
3889Z
Federal Ri!'!gtlller I Vol 52. No. 201 I Monday. October 19. 1987 I Notices
are Inehglble for funding under the crltena are hsted In order of the number that the entire amount avtnlable for
~ requirements of the descnbed programs, of pOints to be accorded to each In the appl1cahons for asslslance In ell.celiS of
or if the proposed activltLes are ehglble ranking process funding provided under the ESG..J.nd
for funding under one or more of the (a} Apphcant capaL.liy HUD wlll SHD program can be obhgated HUD
programs, that the apphcant (and the consider the relallve ability of the may augment thiS pool YIo Ith other
other en II Iy ) sough t an d were Dot appllcanl [or, m the cue of an apphcant ranked appllc.aLlons thdl propo5e
granted Bufficlent funding under the that submits an apphcBtion on behalf of faclhhes deSigned prlmanly to benrht
programs as of the apphcatlOn another entit)'. the other entity} to homeless elderly mdl\ .duals and
- submiSSIon date. imtlale the proposed aCh,,,hes to .erve homeless famlhes wlIh children or th"lt
- In consldenng whether reasonable the homf'less wlthm e reasonable bme propose child care faCilities. If HUD
-
efforts h8\'e been made to use 'oce] and m a successful manner. and to determmes that thl' IS necessary to
resouroes. HUD Will conSider such contmue to carry out these achvitles comply With &echon 432(d) of the
factol"l as fund-raiSing actIVIties throughout the term of the proposed McKlIlney Act. as descnbed abo\'e
- undertaken by the applicant (and the commitment m a successful manner Apphcallons that do not receIve an
" other enl1ty}lInd any requests for (The factors that HUD will consider in environmental reView Will not be
-
assistance for available funds made by making thiS Judgment are discussed in selected for funding If the amounl of
the eppllcant (and the other entity) to sectIOn E 3 (l)(bH2][d}, above) H1.....U will funding requested m the ranked
State 01' local governments or pnvate aaslgn the Wf'atest number ofpomts apphcsllons Will not ensure that all
enlltles. such as charitable organizatlol"'s under thiS rrhenon 10 apphcahons thaI program funds Will be committed to
or private busmes8e5. demonstrate' expenence In establishmg apphcallons for assistance In excess of
(8) ConsIstency Wlth ComprehenSive and operating faclhtles to assist the funding proVided under the ESG and
Homeless ASSistance Plan. Apphcants homeless and In prOVIding or SHD program. HUD Will review all
musl proVide a cerUficahon from the coordmatmg the prO\-ISIOn of supportive ranked apphcatJons
pubhc offiCial responslule for 8ubmlltmg servIces and that demonstrate on the (b) EnvIronmental conslderatlons In
a ComprehensJ\'e Homeless AsSistance baSIS of pY'lor expenence, the greatest conduchng the em'lronmenlal re\'leW,
Plan for the appropnate IUllsdlchan ( as ablhty to ca"1' out 8ctl\'ll1ell under the HUD IMo-Ill assess the environmental
described under Ilectlon C.Z. above], program expedltJously and successfully effect. of each apphcatlon m
etatIng that the proposed actlvll1es are (b] Impact on needa of deSignated accordance with the prOVISions of the
consistent With the applicable homeless populahons HUD Will Nallonsl Environmental Polley Act of
- ComprehenSive Homele5ll AsSIstance conSider the extent to whIch the 1969 (NEPA) (42 US C 4321) and HUD's
>0
Plan proposed Bcllvllles will address one ar Implementmg I't!gulatlons at 24 eFR Part
(9} Dlsplacemenl Each apphcant must more of the unmet .pectal needs of 50 Any apphcahon that requnes an
- certuy that the proposed actiVities Will homeless famlhes WIth children. elderly Environmental Impact Statemenl (EIS)
- not result In the temporary or penndnent homeless indIVIduals. or the
(generall~' those applications thai Hun
dlsplacemenl of any person entity HUD handIcapped HUD WIll assIgn the determmes would have a Slgnlflcdnt
will not fund apphcatlons that 1Mo,1I maximum number of pomts undep thiS Impact on the human er.\lronment. In
cause any mdlvldual partnership. rankIng cntenon to applications that accordlmce With the envlronmf'n!dl
corporation, or 8!lSOCIll.tJon to move from will serve only members of the assessmenl process at 24 CFR Pdrt 50
real proper!) or to mo\e Its personal deSignated homeless populations and Subpart E}ls not eligIble for fundl'lg
- property from real property because of whose proposed acln'lhes Will best Applicants should be prepared to
an Ictual or Impendmg acquIsItion or address the Identtfied special needs of proVIde such sddltJona! mfonnatlOn as
rehablhtatlon of real property, In whole these populatIOns HUD may reqllest to complete the
or In part for a proJect. (e) COlt effectIVeness HUn will en"lronmental reVlew
(10) Outpahent health ser'.'1ces If an conSider the extent to which the (e} Ratmg adjustments (1) As a I't!sult
applicant seeks aSSlatance for the applicant's proposed cosls under the
proVUllon of outpatient health serviCes, proposal are reasonable In relation to of the ennronmental review. HUD may
the apphcant must demonstrate that the the work done and the goods and find that Jl cannot approve an
proposal for dehvery of the outpal1ent 8ervlOes purchased. and are effective In apphcahon unless adequate measures
health servIces meeta the gUldehnes accompllshmg the purposes of the are taken to mitigate environmental
de,,'eloped by HHS and HUD proposal Impacts (See e g. 24 CFR Part 51)
Additionally as noted below. HUD will (d) SpeCial homelesl populabolll. Accordmgly. Hun WIll adlusl the ratmg
not approve an applicallon that seeks Under tlua cntenon. HUD WIU COD.llder scores of such applications. based on
more than $10.000 In assIStance for such whether the apphcallon proposes the antlcpated tIme delays io adoptmg
"! urvlcea (exdudmg the cost of any ,..",lttles de.&Jgned pnmanly to benefit appropnate impact mitigation measures
rehabultalJon or convenuon]. U the hamelen elderly uuhvuius.ls and (Z) The environmental review often
proposal for the proVUllon of outpatient homeless fam1hes W1th clu1dren. and will reveal informauon not co~tall1ed III
~ health servicell doe. not meet the HHSI whether the appl1cauon proposes the apphcatlon that may have rele\'ance
HUD guideline&. HUD may fund the 'acllltles to be used for duld care. The to the selectton process. HUD Will make
1'emainder of the application if the msxtmUID number of palnta will be fW'ther adjustments to the ratmg& based
Bppbcatlon Is operationally feasible awarded to appllcaLlons that propose on the mformahon revealed durmg the
wllhout the seTV1ces facllttlell deSigned pnmanty to benefit envlronmenta1 re\'lew
{II} Ranlung In the second aet of the homeless elderly mdlvlduals and (1\:1 FmalselectJOn In the fin a] step of
1'evlew of applical.lons for assistance In homeless famlhes WIth children the selectlon process. the hI8hest-rcm~ed
excess of fundmg pro\ Ided under the (m) Em Jronmental reVle.... apphcabons ,...11] be consldered for fmal
ESG and SHD program. all applications (al Genera] After completion of selection III accordance With ltelr rank
that meet the above threshold ranking. HUD Will perform an order. a& determmed under &ec.lIon
requirements YIolll be placed In priority emlTonmental review Dn the number of E.3 {n), above, and an~ adlustr::1ents
fwtdtnl order bued upon tlu!lr .cores apphcauODa necesaaI')' to provic:le aD made dunna environmental review
~ . _ ~ the foBoW\ina ,..~~ cr:J1ul~, '!'be ~ . <<dBQ1;1ue: .pool.o{ 'i'PhcatUuu. 19-8N111'8 uader ~ion E.3,J)1i)..ab0;lle.. - ~
- - .
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Federal Register / Vol 52. No. 201 / Monda}'. October 19 1987 / Not ces
*:i3
.
\..
In accordance wIth section 432(dl uf
the McKmney AcL. Hun malo sub.tltllte
one or more other h18h1y rated
appltcatlons If the lop-rated .pphcalloni
under the ranlc1ll8 cntpna descnbed
above do not enslIre en equitable
dlstrlbutlOn across 8pographll: areas, or
do not ensure lhat mote than 50 percent
of all funds pro\ Ided under thiS category
of funding will support facIlIties
deSigned pnmanly to benefit homeless
elderly individuals and homeless
families With cluldren [lncludmg a
portion of funds used for child CHre
faclhtles)
4 Procedures tor app!lcallons
m\'olvmg outpahent health services
Under sechon 432{p)12} of the
McKmney Act HUD and HHS are
reqUired to jomtly estabhsh guidelines
fOt determming the appropnateness of
proposed outpatient health Sel'V1CeS
HHS and Hun have estl1bhshed these
gUldelmes and they hd\ e been
Jncorporaled 10 UtIS !\:ot.ce
Sechon 432(e}(1) of 'he McKmney Act
provides thaI uprm the rerelpl of an.}'
SAFAH apphcahon that mdudes the
provIsion of outpatient health serVices.
HUn must consull ~'th HHS \'\Ith
respect to the proposed services If HliS
determmes thaI the proposal for
dehvel)' of outpdhent heallh servlcPs
does not mE-el the requlfements of ffiISI
HUn p..IldeL'1es the statutE' pemnls
HUD to reqt!'re ttle resub:nls~lO'1 of the
applicatIOn. and pro\ IdE"O; tndt HUD mdY
not appro\ e sue!'> portion af the
apphcatlon until It has been resl'~'rmnf'd
In a form that meets the gUldelme..
Unde:- the threshold cnlen8 descnbed
at sectIOns E1 (1IlbH9) and E.3 (l}(bHI0)
above. HUD wtll re\"lew all applications
that seek aSslstance for the prOVISion of
outpatient health scnnce! to det('mnne
tf the lIpphcahon mf'ets the HHS/HUD
guldehnes and does not spek more than
$10000 In funding for such services A
1'epresentalwe of HHS M"ln assist In thiS
threshold ~Vlew Given the bmlted I1me
}Ierlod that HUD has set for the reVIew
:of appbcatJ.ons. HlID has elected not to
t'enmt .the resubmllSlOn of apphcat10nl
That fall to meet the HHS!HUD
guldebnel As noted above. however. if
the provmon Dr outpallent health
1IeJ'\olCft doell not meet the HHs/mm
lurdelm" lncorporeted In dll. Nobee.
HUD may fund the remainder of the
applicatIon jf the proposal ls
operahonally feasIble WIthout the
..en.'lces
F Program RequIrements
1. Granl Agreement
(i) G.MraL Tbe duty to.proVJde
.fac.!otu.-,,-lo aUlat tba bomeleu lEI
~witb-~
requirements wdl be Incorporated In a
grant agreement ~xecuted by Hun and
the reCJplent
(II) Enforcement HUn WIU enforce the
abJrgdtlonl1O the grant agreement
through achons on the contract In
adjJlJon, TelltnetlOI1J I'e8sromS the use
of structures Will be contamed 10
covenants recorded In the land records
of the Junsdlcllon In which the structure
i5 lDcated.
2 ReqUired Agreements
Each recipient of aUlstance must
agree (or In the case of a reCipient that
submltled an apphcahon on behalf at
anotnf'r ertllr. the applicant must
ensure thai the otbpr enllty asrees).
(L) To assist the homeless In
accordance ""'''lth the proposal as
approved by HUn and the requlrementl
of thiS Nobce
(Ii) To operate any property that has
been purchased, leased. rehabilitated. or
converted With an ad\ ance or grant
proVided under the program at faellltl"
to aSlllsl the homeles. for nolless than
10 years followmg the date of initial
occupancy
(III) If HUD has provtded assistance
tor faclllb81 to as,':!Sl the homeless. th~
faclhhe1l must be safe al1d samtary and
must comply ,..,.,th all State and local
housmg codes. hcenslfIg reqUIrements.
and other reqUirements 1fI the
jurlsdlchon In whIch the faclhty IS
located regardmg the condltlon of the
structure and the operation of the
faclhlles to asSist the homeless
(IV) To keep any records and make
any reports that Hun may require
3 Tenn of Comnutl:1ent
(I) Genera! Recipient. recel\'U'lS
assistance to purcbase. lease.
rehabilitate. or convert property for
faclhtles to assist the homelesli (or. m
the case of a reCipient that submitted an
application for such 85Slstance on
behalf of another enlity. the other enbty)
mu.t oper8te &he IsalltJel for a term 01
at leut 10 yt!&l'!i from the date that lb.
facibty is JDlbally occupIed by 8
bornelen peno. for whom &lllllance..
proVided under the SAFAH program.
Other facihbee uai8ted under SAFAH
must be operated for the term propoaed
in the application and approved by
HUn.
(liJ Succasors. (al ^ recipIent may
.elect a succeslor to a&sume 'tl
obhgallons under SAFAH A 8uCce&&O'"
recipient must be approved by HUD
before Its asswnpl10n of Dbh8abollB
Any obbsatlont for the repa)'lllBDt of
advancn .nd for the prneoboD of
undue beaefd.l may I8DUIJA With the
orisina1 hClpw$l<<'" .....""rr'.
i
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i
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to the .ucces.or-reclplenL dependtns on
the term, of the HUD approval
(b) In the cue of a rer:lplent that
submitted an apphcatlon on behalf or
another enll/y. the reCipient and the
other entity may select a second entity
10 lISBurne the obhgahons of the flTo;!
entlt~ under SAFAH A succeHor-enhty
must be appro\.ed by HVD beforE' 118
assumption of obhgahons Any
obhgatJonl for the repayment of
adnncetl and for the pre\'enhon of
undue benefits may remam With the
origmal entIty or may be transferred to
the successor-entity. deperdmg on the
tenns of the HUD approval
4 Repayment of Advance
(I] General The reClplPnt oi an
advance under SAFAH land In the casp
of a reaplent that submitted an
applic8hon for an adance 0'1 bclJalf of
another entlt..., the other er.tll}) are
respon!;Ible for the reparmeTlI of the
advance In the amount prescnbed below
Bnd In accordance With the terms
prescn bed by HUD
(II) Amol:nl of repOj"mert The
reCIpient rand the otber ent/lv) are
responSible for the 1"i!paymenl of the full
Bmour.t of the advance If the project Iii
used as faCIlities to assist the homelE',,"s
for less tt>a, 10 )e8'"8 followmg the date
of U\lllal occupancy For each full year
that the pru:f'ct IS used as faclbtles to
aSsll,t thp homeless foUowm.; the
eXpIr8lton of thls10-year perIOd the
amOU'lt tbat the reClplent (and the other
entity) are rcsponlHole for repaymg Will
be reduced by one tenth of the DT/8mal
ad\ ance If the proJect 15 used as
fac,htles to ass.sl the homeless for 2()
years followmg the date of 1t1111al
occupancy. the reclplen! [and the other
enhtl) l\11I not be reqUIred to repay any
portlon of the advance
(Ill] A[:f'rnote use Upon wntten
reque!lt of the reCipient land. In the CBse
of a reCipient that submitted an
Bppllcallon on behalf of another entlty.
the other snhty'. HUD m.y determine
that a proJect IS no longer needed to
.llIl.' the hDmeJeu. and may approve
an .!temate 'ltle of the prOtect for the
dtrect benefit of lower mcome pe~s
For the purpoael of detenmnlll8 the
amount of the rep.ymea.t obligatIOn.
stICh . project will continue to be
treated u fac::ihties to aasi.1 the
hornelesa 81 J011I 81 It il1ded {or the
approved alternate purpo&e
5 Prevention of Undue BenefIts
(J) General If a project LI acqulI'ed.
leased. renovated. or rehablhtated W1th
aD .dvlUlOe or a IfBDt and the project as
aiMd or otherwJle d>>poled of durlq the
20 ,..,. ........ ialtW -a.pancy. tba
38894
Federal Register I Vol 52. No 201 I Mondav. Oclober 19. 1987 I Nonces
reCIpient (and. In the case of a reCipient under these Orders. reCipients (and. m to the progrdm the requtrl~ml"n'S
that submitted an application for such the case of 8 n!clplent that subml.ted an preSCribed In Subpart C of 24 CFR Pari
- assistance on behalf of another entity. apphcation on behalf of another entity. 35 The requirements ofthlll par..lU'aph .J
the other entity) must comply with such the other entity) must make efforts to apply to structures that wIll be ol.cupled
terms and condItions as HUD ma\' encourase the use of mmont)' and by children uJ'der sever. ~ears of age
preSCribe to prevent the reclplent-{and women's busmess enterpTlses In (2) The followmg deflrullons appl; 10
the other entity) from unduly beneflltms conneclton with funded actlvllles thIS paragraph (b)
~ from the sale or the dlsposltlon {f} If the procedures that the reclplenl Appltcable surface means all exteTlor
:: (lIl Exceptlan ThIS prO\olSlon does not (and. m the case of a reCIpient that lurfaces of a resldenllal structure up 10
apply to sales or dIspOSItions that resull lubmltted an application on behalf of five feet from the floor or sround such
In the continued use of the proJect for another entIty. the other enllty) mtend to as il wall stalF!. deck. porch. r8Ih'1g.
the direct benefll oflower mcome use to make known the aVlulablhty of Window. or door which are readll~
personli assistance to the homeless are unlikely accessible to children under seven years
6 Applicability of Other Federal to reach persons of any particular race, of age. and alllOterlor surfaces of a
I ReqUirements color. rehglon. sex, age. or national J'1!ludentlalltructure
Use of SAFAH assistance must orlgm who may quahfy for aSSIstance. Chewable surface means all
the recipient (and the other enht~') must chewable protrudms pamted surfaces
comply Wlth the follo\'olng addltlOnal estabhsh addltlonal procedures that WIll up to five feet from the floor or sround.
reqUIrements ensure that these persons are made which are readIly acceSSible to chIldren
" {I) NandlsGrJmmatwl1 and equal aware of the aV811ablhty of assistance under seHn years of age e g ,
opportumty The nOndl9Cflmmallon and opportunities The recipient (and the protrudmg comers. wmdowsllls and
equal opportumty reqUirements that other entity) must also establish frames. doors and frames. and other
-- apply to the program are dIscussed addItIOnal procedures that Will ensure protruding wood works
- below Notwlthstandmg the that mterested persons can obtam Defective paInt surfaces means pamt
- pernnsslblllty of proposals that serve
=- mformatlon concemms the eXistence
- on applicable surfaces that IS cracklOj:t.
deskgnated populatIOns of homeless and locahon of servIces and faCIlities scallng chlppmg. peelmg. or loose
persons. a reCipIent {and. In the case of that are acceSSIble to handicapped
a reCipIent that submnted an application Elevated blood lead Jel'el or EBL
persons means excessIve absorption of lead If'.
on behalf of another enllty. the other (II) EnVIronmental The NatIOnal a confmned concentrahon of lead m
enllty] servmg a deSIgnated population EO'o'lronmental Pohcy Act of 1969, the whole blood of Z5 ug/dl(mlCrograms of
of homeless persons are reqUired. WIthin related authorltles m 24 CFR Part 50.
the deSignated populallon. to comply and the Coastal Bamers Resources Act lead per decll11er of whole blood) or
With these requlremenls for of 1982 [16 US C 3601] are applicable to grealer
nondlscrlmmatlon on the baSIS of rdce. proposals under thiS program Lead based pamt means a pamt
color. religIOn. sex. natIonal origin age. (III] App!JcabJ!lt)' 0' O\!B Circulars surface. whether or nol defectl\"e
and handicap The poliCies, gUldellnes. and Identified as ha\ mg a lead COol tent
(a) The requirements of Title VIII of reqUirements of o~m Circular Nos A- greater than or equal 10 1 mg/cm2
the CIVI! Rights Act of 1968 (42 U S C 87 and A-t02 apply to the acceptance (3) In the case of a structure
3601-19) (Fair Housmg Act) and and use of assls:ance under the program constructed before 19i3. lhe applicant
lmplementlng regulations. Executive by go\-emmental entities, and OMB musl mspect the structure for defecll\ e
Order 11063 (Equal Opportumty 10 CIrcular Nos A-110 and A-122 apply to pamt surfaces before It submIts an
Housmg) and Implementmg regulations the acceptance and use of assistance b~' apphcahon ReCIpients must Inspect
at24 CPR Part 107, and Tltle VI of the pnvate nonprofit orgamzatlons aSSisted structures at least annually
CIVIl Rights Act of 1964 (42 V S C 2000d) (IV) Lead.based pamt (a] The durmg the term of then operatmg
(Nondlscnmmatlon m Federally reqUIrements of the Lead.Based Pamt commItment to HUD If defectlve pamt
Asslsted Programs) and ImplementlOg POlsomng PreventIOn Act [42 use surfaces are found. treatmel'110
regula lions Issued at 24 CFR Part 1. 4821-48461 and ImplementlOg regulations accordance With 24 CFR 35 24[b)[2)('11Is
(b) The prohIbitions a8amst at 2-4 CFR Part 35 (except as superseded reqUired Correction of defectl\-'e
dISCriminatIOn on the baSIS of age under In paragraph (b), below) apply to the surfaces found dunng the mltlal
the Age Dlscnmmahon Act of 1975 (42 prosram These requirements reflect the inspection must be completed before
U.S C 6101-(7) and implementing section 8 ExIsting HOUSing resulatJons imtlal occupancy of the project
.regulations a1 24 CFR Part 146. and the (24 CFR 882109} (pubhshed In the Correcllon of defecllve pamt condillOns
prohibitions against dlscnmmatlon Federal Register on January 15. 1987. 52 discovered at penodlc Inspection must
..gamst handicapped mdlVlduals under FR 1816. 1893-94) and the Lead.Based be completed withm 30 days of their
Rcbon 504 of the Rebablhtatlon Act of Paint reqUIrements contamed In the wscovery When weather condltlons
1973 (29 U S C 794). Transibona.1 Housll1l Demonstration prevent completlon ofrepllmtlng of
(c] The requIrements ofExecutlve Program Guidehnes (pubhshed on June extenor lunaces Wlthm the 3O-day
Order 11246 (Equal Employment 9.1987.52 FR 21743.21761) penod. repainting may be delayed. but
, OpportunIty) and the regulahons Issued (bJll) ThIs paragraph implements the covenng or removal of the defectl\:e
under the Order at 41 CrR Chapter 60: proVISions of sechon 302 of the Lead. pamt must be completed wlthm the
(d) The requlFements of sectIon 3 of Based Pamt POlsomng PreventIon Act. prescribed penod
the HOUSing and Urban Development 42 V.S C 4822. by estabhshms 14) In the case of a structure
Act of 1968.12 use 1701u procedures to ellmmate. as far as constructed before 1973. If the reCipient
(EII"ployment Opportunities for Lower practicable. the hazards of lead-bued 1& presented With test results that
Income Persona m Connecbon wllh paint pOISOning WIth respect to mdlcate that a chIld under the age of
AIIIsted Projects]. and Itructures for whIch a.llstance lS aeven yeai'll occuples the struclure and
(e) The requirements of Executive prOVided under thiS program This has an elevated blood lead level [EBLI.
- 'Orders 11625. 1U32. and 12138 paragraph IS promulgated under 24 CPR the reCipient must caule the unIt to be
- Consi'lent with MUD', reapcmsib1kties 35.24(b )(4) and ,uperaedel, Wlth respect teated for lead.baaed pamt em chewable
-
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1
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Federal Regialer I Vol 52. No un I Monday. October 19, 1987 f Notices
surfaces Te.lJng mUlt be conducted by
a State or local beallh or houlmg
agency, or by an inspector cerbfled by a
State or local health or housing agency
Lead contenl muat be tested by u.mg an
X-ray fluorescence analyzer (XRF) or
other methods approved by HUD Test
readings of 1 rog/cml or higher USing an
XRF shall be considered posluve for
presence of lead.based pamL Where
lead-based pamt on dtew8ble surfaces
18 Identified, coverlIlg or removal of the
paint surface m accordance With 24 CFR
35 24(b)(2}(n] IS reqUired
[5} In lieu of the procedures let forth
in the preceding cJau&e, the recipient
may. 811t1 dlscrehon. abate aU mtenor
and extenor chewable lurfaces In
accordance With the method set out at
24 CFR 35 24(b](2}(1I}
(6] The recipient must take
appropnale achon 10 protect tenants
from hazards aSlOClated Wlth abatement
procedures
(7) The reCIpient must keep 8 copy of
each IIlspecbon report for at leut three
years If a umt requires tesl1ng. or
treatment of chewable surfaces based
on the testing. the reCipient must keep
the test results and. If applicable, the
cerl1fIcahon or treatment. mdefmItely
The records must md1cale which
chewable surfaces In the umt& have
been tested or treated If records
establish that certam chewable surfaces
were tested, or tesled and trealed. 10
accordance With the standardJ
prescnbed lD thiS SectIOn. these surfaces
do nol have to be tested or treated at
any subsequent tune
leI Applicants and reCIpients that
submit an appl1cabon OD behalf of
another entlt)'. may reqwre the other
entlly to comply WIth ~me or all of the
reqUirements of th1s paragraph The
applicant or reClplenL however. must
ensure that the enbly carnes out aU
reqUirements m accordance With thiS
paragraph. and mlllt retalD ultimate
.responSibility for complymg WIth the
:reqwremenll of t!W parllgTaph.
tv) Confhcts of mterest. In Iddthon to
amfllct of mtereet requlrementa in OMB
Cm:ulaf'B A-102 and A-Uo. no person
[I] who II an employee. agent.
consultant.. offk:er, or elected or
"appointed official of the reapient (or.ID
the call! of. recipient that submitted an
application on behalf or mother entity.
the other entity) that receives anlBtanoe
under the program and who exercises or
bu exercised any funcbona or
respoDBlbIhl1es With respect to aSSisted
actiVltlel or [b) who i. 10 a poIIlhon to
participate in a dectSlomnakmg procell
or gam u1.8roe mfonnatlon Wlth regard to
such ~ct!'I1bel, ..., gtw.tn . personal or
financial internt or benefit from the
.clIVlt)'. or bave aD In'-t iR aD)'
contract. subcontract. or agreement Wlth
respect thereto. or the proceeds
thereunder, .Ilber for hllD&elf or herself
or ror those With whom he or she has
family or bUlllness bes, durl113 hiS or her
tenure or for one year thereafter
(VI) Use of debarred, suspended. or
mebglbJc contractors The prO\'I5IOnS of
24 eFR Part Z4 apply to the employment
engagemenl of aervlcea, awarding of
contracts. or fundIng or any contractors
or subcontractors dunng any penod of
debarment suspensIon. or placement Ul
ineligibility statUI
(vu) AudJt The rmanCla! management
systems used by 80vemmentaJ enhlles
under tlus program must proVide for
audits 10 accordance WIth 24 CFR Part
44 Private nonprofit orgaruzahons are
sublecl to the audit reqUlrement5 of
OMB Circular A-ll0 HUD may perform
or reqUIre further and addtllonal audIts
as It fmds necessary or appropnate
(vllIjlntergol'ernmenlal reVIeW The
reqUIrements for Intergovernmental
re\'lew m Execuuve Order No 12372
and the I1Dplemenung reguJabons at 24
eFR Part 52 are not applicable to
apphcal10ns under tlus program.
(IX) Dav/s-Bacon Act The pro\'lsioos
of the DaVIs-Bacon Act (40 US C. 2768-
276a-5] do not apply to SAFAH.
G. AdmInistrative ProvIsions
1 Obligation of Funds, FWldmg
Amendments and Deobhgahon
(I) OblIgotlon of funds When HUD
selects an application for fundmg and
notIfies the reClplent. It will obhgate
funds to cover the amount of the
approved advance or granL
(1I) Increases. After the mItIal
oblIgatlon offUDds. HUD Will not make
any upward reVISIOns to the amount
obligated for the advance or grant
(m) Deobh80tIDn (8) HUD may
deobl1gate amounts for the advance or
granllf proposed BCtI VIbes are not
begun or completed WJthm a reasonable
bme after lelection
(b) The grant agreement will let forth
in detail other CU'CUDlltances under
wluch fundi may be deobhgated and
other sancUons mal be Impoled
(e) HUO maY'
[1] ReadvertlH the availability of
fund. that have been deobbgated under
thiS sectIOn m . Notu;e of Funds
Availability, or
(2) ReconSider appl1cahons that were
lubmltted In response to the most
recently pubhshed Notice of Funds
AVaUabwty under SAFAH and &elect
application. for fundmg With
deobhgated fund. Such selection. Will
be made m ac:cartfAnt;e WIth the
seletbon proce. deIa1bed in MC;tion
Eo. above
-, "1$
.
2 Waiver
The Secretary of HUll... : ~, . ny
SAFAH reqwrement that IS n..,I:- .:d
by law If the Secretary de'ann r. s ,h,ll
good cause for waiver eXIs's F'l.ch
waIver must be In wntlng and m~;: be
supported by documentation of the
pertment facts and grounds.
0tMr lDformatioa
A Fmdlng of No Slgnmcantlmpact
With respect to the envU'onment t-as
been made m accordance With HUD
regulaUons 10 24 erR Part 50, wh'ch
unplements aecl10n l02(Z](C) of the
NatIonal EnvU'onmenlal Polley Act of
1969.42 U.S.C 4332 The Fmdlf'~ of No
Sigruficant Impact is available for pub),
inspechon dunng regular buslr.,!5 bouu
In the Office of the General Counsel.
Rules Docket Clerk. at the above
address
The mformatlOn collection
reqUIrements contained In thiS nollce
have been approved by the Office of
Management and Budget W'der t!-e
proVISIOns of the Paperwork Reduction
Act of 1980 (44 U.S C 3501-3520] The
OMB control number I' 2528-0128
rrhe Catalog or Federal Domeal1c AsSIstance
Program Number I' 14 510}
Authority' Section 433 SlewaM B
McKmnej Homeless AUlstal'lce Act (Pub l.
100-71 approved July :u. 1987) le~ 7(d).
Department of HOUSing and Urban
Developmenl Acl (42 ti 5 C 3535(d])
Dated October 13. 1987
C. DuDcaD MacRae,
Acting ANlstant Secretor)' for PolICY
Del'elopmeflt and Research
Appendix
ReqUIred Information for All
ApplIcat/ons
-Prehm1Oary Information
(1) The fU'lt page of each appltcahon
must md1cate (a) the type of assistance
requested under the apphcatlOn (J.e
whether the applicant requests
comprehensive US1Stance or aSllItance
in eXcelll of fundJng proVided under the
ESG and SlID program fundtng), and (b]
whether the apphcant IeeD assIStance
for outpatient health HrVICet.
(2) Each apphcabOD must include a
table of contents mdlC8.l1ng the location
of mformabon demonstrabng that the
(applicant has met each of the applicable
threshold crltena
-Applicant Data
(1) The apphcahon must mclude the
name. mailing address, and telephone
number of apphesnt (&Rd. in the can of
an appbcant that lubmitl an .pplication
01\ behalf of another entity, the other
38896
Federal Register I Vol. 52. No 201 I MonddY. October 19. 1987 I Nohcps
I
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entity) and the contacl person to whom
commumcahons should be addressed
{21 The application must provide
eVIfJence that the applicant IS e State, a
metropohtan cIty. an urban county. B
tnbe or a pnvate nonprofIt organization
(see paragraph (a) of the definlllon of
applicant contained In section Al if the
appbcant IS submlttmg an apphcatlOn on
behalf of another entity. the application
mualmclude eVidence that the other
entity is an ehglble entity (see
paragraph (b) of the defimtlOn of
applicant contained in sechon A)
{3} The applicant must demonstrate
that the apphcant (and. 1n the case of an
applicant mat submits an appJu:atlon on
behalf of another entity, the other entity)
have the legal authority to participate In
the program and to carty out actiVIties
in accordance wlth program
reqUlr~ments and the requirements of
other applicable Federal law (See
sections E 2 (l)[b)(2)(e) and
E 3 (I) [b)(2j(e) for a descnptlon of
reqUlred eVidence)
(4) For pnvate nonprofit organlzallons
that are apphcants (and, In the case of
an apphcant thai submlls an apphcahon
on behalf of another private nonprofit
organization. for the other entity). the
apphcatlon must mclude mformallon
necessary to demonstrate fmanclal
responslbll1ty (See sectIons
E 2 (lllb)(Z)(b) and E 3 (1)(b)(2J(b) for a
dellcnphon of necessary
documentation)
(5) The apphcatlon must mclude
eVidence of the applicant's comnntment
to allevlatmg poverty. (See sectIOns
E.2(1)(b)(2)(C) and E.3 (l)[b)(2}(c) for a
desclphon of reqUired documentahon }
(6) The apphcatlon must contam
eVidence of conhnumg capacity of the
apphcant (or. In the case of an apphcant
that submits an applicatIOn on behalf of
another entity. of the other enhly) to
effeCtlvely provide assIstance to
homeless mdlvlduals (See sections
E.2(I){b)(2)(d) and E.3 (l)(b)[2){d) for
reqUired eVidence.}
(7) If the applicant 11 B pnmanly
rehglous organIZation. if aSSistance IS to
be provided to a wholly secular
organl%8hon established by a primanly
rellgloUl orgalUZ8bon. or if the faclhties
to be used m the proposed prolect are
owned by a pnmanly rellgtous
orgaDlzahon. the application must
demonstrtate that It Will meet the
requltements descnbed In lecbon
B 3 (II)
-ASIJlstance Requested
(1] Category of fundIng requested The
.pplicant mUlt ldenUfy whlch category
of fundq 811i.lance iI rmquelted (l,e.,
. comprehensive aRilhance or .......nce
.
i
~
'"
..
III excess of ESG or SHD progro,lm
funding)
12] T~'Pe of assistance requested The
applicant must ]denllfy the type of
assIstance requested (1 e. an ad\ ilnce to
asSIst Ihe acquHlltlOn. lease. substantlal
rehabllltatlon. or comerslon of facLlIties.
8 granl for moderate rehabllllatlon or a
wsnl for other purposes), the amount of
assIstance requesled for each type of
assIstance, and a hne Item budget
demonstrating how the assistance Will
be spent In addition to other Ime Items,
the budget should speCifically Identify
the amount of aSSIstance thai w]1I be
used to provlde outpatient health
services; for admInistratIve expenses. to
support faclhtles deSigned prImarily 10
benefit homeless elderly Ind]\'lduals and
homeless faffilhes wlth children. and In
support of child care faclhtles
-Proposed Actl\'ltJes
(1) Homeless populahon to be served
The applicant must deSCribe the size
and characteristics of the populahon
that Will be served by the proposal
[mcludmg a descnptlOn of the partIcular
homeless populallon to be served.
number of Indlv]duals to be served by
the proposal. and the supportive
services reqUired by the homeless
populatIOn to be served} Applicants
must estlmate the number and
proportion of the homeless populatIOn to
be served that Will be homeless elderly
indiViduals. homeless famlhes wllh
chlldern or the handicapped
(2) A descnphon of the proposed
(aclhtles The apphcatlOn must mclude
(a] lnfonnahon IdentifYIng the
faclllhes to be used and demonstrating
that the facllltles are appropriate for the
homeless populahon to be 5en."ed (See
sechons E 2 [1)(b)l3)(b) and
E.3l])[b)[4J(b) )
(b) With regard to the fac]hlleS 10 be
used to assIst the homeless. the
Bpphcant IS requesbng assistance for the
faclhtles.
-A descnphon of the acqUISItion, lease,
rehablhtatlon or conversion
aellVlbeB to be aSSisted.
-Infonnabon demonstratmg that the
applIcant (or in the case of aD
apphcant that submits an
apphcal10n on behaU of another
enhty. the other entity) has Ille
control.
-EVidence demonstratIng that the use
of the proposed BIte IS consistent
Wlth applicable ZOnIng onilDsnces
and regula hons. or will be
consistent with such ordmances
and regulatJoDI within 30 daye
foUowins the Mlection of
apphcabone for hm~!~!,
-EVidence demonstratmg thatlhe
{aclhtles are nOllocated within a
100.year noodplam as deSignated
bv FEMA (The applicant must
show thai the facLlltles are nol
localed In a 500-year floodplam If
50 percent or more of the 11\.'11'8
space In the faCilIty IS deSIgned for
reSidents WIth moblbty
impairments) (See secllons
E 2 [11(b}[3)(c) and E 3 (lJ(b)(4)[L J l
(e] lhe apphcant must meet one uf thp
follOWing reqUIrements With respect 10
histOriC preservatIon
-The appllcanl may prOVide a letter
from the State Histone Preser\'dllon
Officer [SHPO) mdlcalmg I~al tfIe
faCIlity to be funded under lhe
program Will not 1Ovolve an hlStCrJL
propert~' as defmed m 36 CFR 800 i-
II e. an hlstonc or prehlstOTH:
district slle bUlldmg. structure or
object Included In or eligible for
mcluslOn In the NatIOnal Register of
HIstone Places) and wlll 9otln\ 01\ e
8 structure that IS Immedlatelv
adJacent to an histone property that
18 hsted on the Register.
-Jf the faellltles IOvolve an hlstonc
propert~. that ]S listed on the
Reg]ster or IS Immedlalely ad]al.ent
to an h]stonc propert}' thallS lrslpd
on the Reglster, the applIesn' rna~
demonstrate that the SHPO hds
agreed to the proposed use of the
propert) and to measures to 8"Old
or reduce any ad\erse effecls of
such use. or
-The appllcanl msy demonstrale that
an enVironmental review of the area
m which the proposed facllllles are
to be located (l) Was preVIously
completed for the purposes of
anot~er H\JD program under 24 CFR
Part 50 or 58 and (2) addressed
properties. actl\'lhes, and effects
comparable to thos.e proposed for
assistance under the SAFAH
program (See sections
E.211){bJ(3)(C) and E.3 (1)(b)(4}(c) )
(d) The apphcant must Identify the
percentage of the homeless to be sen'ed
in the asSisted faCilities Will be
hornelen elderly mdlvlduah or
homeless fanuhel With chIldren
(e) The apphcant mustldentJfy the
aUllted faClllues that Will be used for
chIld care
(3) DescTlptlon of aervlces The
apphcatlon must mclude a descnptlon of
the proposed services to be pro\"lded
Includ1tl8 a descnphon of the sen'lces 10
be pro...ded With the SAFAH funds.
eervlces to be prOVided by others.
ServIceS that the apphcant currently
proVldes, and Hrvicel currently
provided by othen
Federal Register I Vol 52. No. 201 I Monday. October 19. 1987 , Notices
I
36C'J7
--
(4) Need The applicant must
demonstrate thatlhere is a conllnuing
and unmel need for the proposed
faCIlities services and other aid to be
pro\'lded under the proposal (&ee
secllon! E Z (l)(b)(311a) and
E 3 (1)(b)l4}(a) ]
(5) Term of cOIrumtment The
apphcatlon mustltate the term of the
proposed commitment to pro\'lde the
proposed opera nons
(6) OutpatIent health lerv][:es If the
apphcanl &BeD assistance for outpatient
health services. the applicant must
demonstrate that the proposed services
meet the HHSfHUD SUldehnes
Incorporated In thlS Nohce
(7) Proposal feasibility The qpphcant
must demonstrate that the proposal IS
operationally feasible under the
applJcable erHerls descnbed In sectJons
E 2 (l)(b](10) and E 3 (1)(b][6l
-Reasonable Efforts
Applicants must demonstrate that the
applicant [and. In the CBse of an
appllcanl that submits an apphcation on
behalf of another entity. the other entity)
helle made reasonable efforts to utilize
aU available local resources and
resoun:es available under lhe McKinney
Act and that these other fe80urCes are
not suffiCIent or are Dot available to
carry out the purposes of I"e
apphcatlOn (See seebons E 2 (l)(bJ(6)
and E 3 (1}(b)(5)]
--Consistency ~,th ComprehenSive Plan
The apphcant must include a
certification from the public offiCial
responSible for submlttmg the
ComprehenSive Homeles!! ASSistance
plan as descnbed under sechon C 2 .
statmg that the proposal IS conStstent
WIth the applicable ComprehenSive
Homeless ASSistance Plan ThiS
certificatIon IS not reqUIred of apphcanls
that are tnbes.
-Certlficatlons
The apphcant {and. in the case of an
apphcant that lubnut. an application on
behalf of another entity. the other entity}
mUlIt certify thal
(1) H will comply with the federal
1'equirements described In hcbon E.8 of
thlt notice addresB1D8
nondlscnmmation and equal
opportunity requirements. applicable
OMB Clrculars, the Lead-Based Pamt
POIsonm8 PreventIon Act. connlct of
mterest prohibitions. prohibitions
a8ams1 the use of debarred. suspended.
or mehSlble conll.cton. and audIt
requirements
(2) It Wtll 85,ISt the homeless in
accordance WIth !helf propolal .1
approved by ffiJD and the requUwmtall
- of the SAF AM program
,
J
r
.
-. 1
j
.
,,.
(3) A resolullon. motion or aimilar
achon has been adopted authorIZing the
submiSSion of Ihe applH;atlon (See
sectIOns E 2 (l)rb](2] and E 3 (1)(b](Z) ]
(4) The proposed actiVItIes Will not
result m the temporary or permanent
dlspldcement of any person or entity
(5) If the apphcatJon Involves
assistance to acqUire. lease. rehabilitate,
or convert faCIlities to IUlst the
homeless. the faCIlity WIll be operated to
assIst homeless mdlVlduals for a tenn of
not Jess than 10 years from the date of
imtlal occupancy For other
apphcahons, the applicant (and other
entity) must certify that the operation
Will be conducted for the term of the
commitment proposed In the
apphcal10n
(6) If the applicahon mvolves
assIstance for faCIlIties to asSIst the
homeless. the faCIlitIes meet or Win meet
applicable State and local houslnS
codes. !I{;eos'r.g reqUirements. and other
reqUIrements m the )unsdlchon In which
the faclhty IS to be located regardmg the
condition of the structure and the
operatIOn of the faCilities
(7) If the applIcation mvolves an
advance for the acqUISition, lease.
lubslantlal rehablhlahon or conversion
of faCilities to assist the homeless. the
apphcanl (and. In the case of an
appllcanl that submits an application on
behalf of another enttty. the other entity)
agree to repay the advance In
accordance ,,-.th the pro.'lSlons of
secllon E 4
(8) If the apphcahon mvolves a
facIl1ty thaI IS acqurred, leased
rehablhtated. or converted Wlth an
advance or a grant. the apphcant(and.
m the case of an applicant that submIts
an applIcatIOn on behalf of another
entity. the olher entity] agree to comply
WIth .uch terms and conditions that may
be prescn bed by HUD to prevent the
recipient (or other entity) from unduly
benefitbng from a 8ale Dr dtaposlllon
occ:umng prior to the expiration of 20
yean from the date Dr uubal occupancy
of the faCIlity
(9) If the applicatlon involves the
proVIllon of outpatient health lervice.
not more than $10.000 will be used for
such lervice.
(10) Not more than five percent of the
requested SAFAH fundi will be lUed for
admuustrabve expenses
(11] Alslstance proVided under the
SAFAH program wlll be used only to
prOVIde new faclhtle.. or lervices for the
.homeleu, to expand eXllhns f8c1l1tles
serving the homelen, or to proVlde
HMces m l1dd1bon to thole cummtly
provided to the bamele..
{U) AMI,taDce provided under the
SAF AM program will nol be uaed to
supplant any non-Federal resourcps
prOVIded With respect to any pro; ~
(13) If the apphcatlon IS selected :,)f
fundIDS the apphcant Will execute 8
grant agreement With HUD Within two
weeks of receIpt of notlflcatlon of
fundmg approval
(14) If reqUired In the nollflcatlOn of
fundu18 approval. the apphcant Will
form a wholl)' secular pnvate nonprofit
entIty to be the reCipient of funds under
the program and It Will transfer site
control to the new enllty
(15] The fundi obligated by HUD
under the SAFAH program cannot be
increased. but may be decreased In
accordance WIth section F 1
(16J The apphcant (and. In the case of
an applicant lhat submtts an appllcallon
on behalf of another entity. the other
entlty) Will keep any records and make
any reports that Hun may require
{17J The cosl estimates used m the
applicatIOn can be supported by
documentahon on file W'th the apphcant
(or In the case of an applicant that
submits an apphcatlon on behalf of
another entity. the other entIty] and the
apphcant (or the other entlly) will
malntam thiS documentation for 8t least
three years
AddJtJOnallnformatJons m ApplicatIOn
for ComprehenSive ASSistance
-ReqUired Informabon
The application must contam
IDfonnatton demonstrating that the
proposal mvolves a partIcularly
innovatIVe program for or alternate
method of meeting the lDlmedlale and
long term needs of homeless mdlvtduals
and falIUhes (See secllons E.2 (1)(b){5)
and E 2 lu)la})
-lnlormation for Rankmg Purposes
(1) ComprehenSiveness Apphcants
.hould prOVide a eVidence
demonstratIng that the faclhtle8 and
lupportlve services to be proVIded under
the proposal. and to be avaIlable from
others m the area propoted to be lerved
by the apphcatton. Wlllaahsfy the
immed1ate and long-term need. of the
homelesl population propolled to be
lerved {See .eetioh E.2.(II)(bJ J
(2] Leveragmg The Bpphcatlon should
cont.in infonnstlon IdentlfyIng the
amounts and sources of resources [other
than to be provlded by HUn under the
SAFAH program snd resources that are
currently used to provlde assistance to
the bomeless) that Will be avallable for
un in the proposal (See aecbon
E.2. (lI)(e) 1
(3) Strategy Tbe appUcatlOn .bould
explaiD how the propoNd fBelhne. and.
..Men reReet the unmet needs of the
..
38I9B
Federal Register , Vol. 52. No. 201 J Monday. October IS. 1967 I Notices
-'
bomeles. as. ide..m.d In the appropm. ~
ComprehenalY8 HumeIaa AaelltllDce
Plan and bow the ..ju~.iIl _dreS8es
these neecla. (See aecuon E.2.{n)fe) )
(4) Taek force group 'The appbcatlOD
.hould ldeatlfy any task. fnJa! or group
that 8UppOtU the apphca.bou. deacnbe
the purpOM' of the tnk Ion;e or group,
Idenllfy the IHmbenmp of the task.
force or group (mcludu18 af any chief
executive offICer of a local p>UIlmeDtal
Jun.dll:hon cltall'S, or lS a member of the
task force or group). &ad include letters
of comnntnlent of I:IIeIDbem Dl tAe bl8k
fol'Cll or group. (SH M6:tIon E.Z.(1IK.f1.)
Addltronal /rrfv,mul1orr in Applrcahcrrs
SeekJng ASSJ8tonce In E;.;i:-ciiii t1/ ESG
And SHD Propam FlJmhng
-Reqwred lnformat!oD.
Apphcahone for assistance 1ft excen
of ESG or SHD program fundms IftUtlt
(1) Demonstrate that die applicant IS
iln ehglble applicant for 888lstance In
~~~~S8 of ESG or SHD program funding
al defined lR pat'8It.ph (c) ohbe
defimbon of ~kc8nt {See ..etiolt A }
(2) Show that the applka tlQlll i, m~
in connection With- a pr.J'l!Ct that he!
bHn approved for. or h.. PrceWad
funding under the ESG or SHD program.
a project for which an app!Jcatlon for
ESG or SHD fundmg has been
submitted, and the appncatlon IB either
preBently pending or h.. beeR demetf: er
a project for wh1ch BUlataDce ill tought
to acqw.re property to be used fot
.hehen far hnm..less filmllleJ With
ch11dren (See E.3.vHb)(3){D) )
(3}lncwde a narraUve deacnpbon
.explAlnl"! bow the. pr.poaal Wllll8n'e
or complemam the goals. of 1lu! ESG or
SHD program (See E.3 (i)(b}{3){b},)
(4)lf the proposal will serve homeleBs
f81mua8 Wlth duldren. elderl7 hemeinl
mdlVlduals, OJ: hlllnr1"~a:,~o:l puIQDS. the
apphcatlon .hould Ldentlly the .paClal
needa of the population to be. ler\led.
explaID bow lame Ot aU of thue ......rt ~
are curreD.tl)- Items alet ill the-
~mmllDity. and .v:-'A,n bow the
proposal willler\le the WUDelueds.
{See E.3:.(i)(b~c ).)
(5) ldeiWfJ ~..h"'." h.nlld"'es to be
transferred .. ~.;:.a UDIIer tIw
pIOJIoMI. and expJam Mw theu:
buildmg. will De used to uml bPmPt_...
fnrhVlduals and faaul1e.a. (Sea
B-3 (i)(b}(3)[c}.)
~
"
~
Information 1M' Ranlung Purpoees
The applicant must deDl(lDstrate that
the proposed casts are reasonable In
relallon to the work dOlle and goodi and
services purchaled, and are efTectl..e In
accomphshmg tbe purposes of the
propotlal
[FR Doc. &:,-2A2402 Fwd JD-1&-&7, 84li ami
IIIL.L.JNG COOl G1tHoHt
Office of the Secretary
(Docket No ~ FR ~l
Del89dDn of Authority With Rnpect
to Supptemet'l&al ~ tor
Facllltle. To AMilt.. tok.........
AGENCY: Off1c.e of the Secretary, HUD
ACTION: ~otu::e of concurrent J"legatwn
of authotlty.
SUIIMAaY: TIde VI, Sll~tle D of the
Stewart B McKmney Homelen
AetHstance Act (Pub L ~77.
a~ fuJJ 22, 1967) lIuthonzes 8
program of npplementala.l1stsftce fof'
faclhtles to assll1t th~ bmnele!fll 11us
notice delegates to the AltIiStBnt
Secretary for Poltcy Development and
Reeea.,..:;h and the GeneraJ Deputy
AuRtta nt Secreta ry for ~ Ii cy
Development and Resaarch. the
Secretllry', power WIth respect to thiS
~-ugram, subJect to specl6!'d exceptIOns
UFICTIVE DaTE October 15 1187
fOIl FURTNEJIIMFOWMAnoN CONTACT:
Jane Karadbll. Dlvulon of Pohey
Development. Depal'fnlenl af Housing
and Urban Development. 451 Se...em1I
Street. SW , Waalullilon. DC 20410,
(20%) 755-5537 [TIus 18 not a &oIl-free
number)
SUPPLEMENTARY IHFONIATIOH. This
No.ILCe a&alel the ICCpe of authonty
given to the Aailltaftt Secretary for
Pohey IJev..T"~"'L!lQ1 &Ad R~!~,,-PCb and
Gel'''I'JIT Dl"~l,'ty AP~...tI111t Secretary: for
Pehe): Del,lelop....nf aDd Re&IIan:h 1m
the: prosraDl. of auppl:em.enZsl as&ll1aJ:LCe
forfac1l'itles to allllt the hOmNlI.. AU.
of the SKre1aty'. aufnn?lJ]' W11b retped
to tha ~1't'I~am.ia rt..Tp!AI.ed e:u;ept tM
power Ie lue and be.....t The ."tltnrr~
iielegated mcludu the autltority to
red~ate to employeea of thll
DepartmeDL except for to 8IIthOnty to
IlIue rure.. regulations and awdel1n.n
under the 'fOil's.m
Tille IV. Subtllle D of the SlewBTt-B-
McK:mnev Hornetells Assultance AcT
(Pub L 100-77 approved lul\" 22 1987)
autbonzes a pt'ogram of supplemt'nlal
aSslstance for faclhtles to asSlst the
homeless A not:ce estabhshmg
requirements for the operation of thIS
program IS published elsewhere 10
today's ISsue of the Federal Regrster
Accordmgly. the Secretary delegates as
follows.
Sectioo A- Authority Delegated
The AR1ltant Secretary for POrIC~'
Develujillient and Research and the
General Deputy ASS15tant Secretal1 for
Pohcy Development and Research are
euthonzed mdl\-Idually to exercise the
power and authonTy of the Secreta!) of
HOUSing and Urban De\'elopment with
respect to the program of supplemen.t..ll
asSistance forfaclhlJes to aUlst the
homeless authonzed In TItle VI. Subtltle
D of the Stewart B McK1nney Homeless
AlSlstance Act (Pub L too-i7.
approved July 22. 1987). ex.cept as
lodicated m Secl10n B below ThNl
mcludea the autkant}' to iSSue or waive
rules, regwahona. or iuulehJlu lUlder
the Program
SecttOb B. AaIbority ExApted
There is excepted from the autho:lty
delegated under SecUon A tbe power to
lue or be sued
Section C. Authonry to RedelegalAl
The Aas~Umt Secsetary klr Policy
Developmeat and Res8uch .nd the
General Deputy AMlatanl Sec.nnary. wr
Policy De\:elopmant and Raseara arB
authonzed. ind1Vll:i~y, to rede1egate to
emp10yees of the Department alllY of the
power and lWtbonty delegated under
Section A. and Dot excepted undB.r
uebon 8 oI thiS delBgatll;m In addluon.
the ASSistant Secretary and the General
Deputy ABBlstanl Secretary ate not
aulhonzed to redeleS8 te t~ IHlttmnty to
illlle or wtli1Ht ...iea, J:eSlllauaaa and
gwdelmet under u.. frotrlm..
CIu 7(dT Dllpartlftent .rHo"I"! end Urb.n ·
Developmenl Act [42 use !~of>>.
Datelfo October 15, 1117.
QIl B. Ciirritz.
Actm8 Secretry
(FR Doc. 87...zt243 FrIed 1~18-87 8"-'5 amj
a.I.IIIG COCII U,.....
If -.
&"
,
,
-l
::.
...
)
/1- ("
F:~ ,'"' ~!' .6,~.it c2;/1! j
~ ~ -GEOR:GE DEU~JIAN, Governor
Sf ATE Of CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVElOPMENT
cx:M4UNI'IY DEVEIDIMENT SECrION
921 Tenth street, Room 402
Sacramento, CA 95814-2774
(916) 445-6000
~, -
'.J~- "jl
C' - u ·
.! 1".U.
- ,
- ; .
, J'"
~ '.:" r- ~:
~ J ~_
"EB r~~R 18 A10 '~9
Mr. Jdm Jalili
City Manager
City of Santa Monica
P.o. Box 2200
Santa M::>nica, CA 90406-2200
Dear Mr. Jalili:
Enclosed are copies of the Federal Emergency Shelter Grant (FESG) Agreement. In
order to begin your 1988 FFSG Program, you must do the following:
1. Have your governing l:xxly adopt a resolution authorlZJ..l"q a designated
official to sign the Grant Agreement.
2. Sign all copies of the Grant Agreement.
3. Retunl a certified copy of the resolution, and all copies of the Grant
Agreement no later than 30 days from the date of this letter to:
RCD Contracts Office
921 Tenth street, G3B
Sacramento, CA 95814-2774
ATIN: Marjorie CullllJton
Dra~ and other administrative instru.ctions will be forwarded to you urrler
separate cover. Please contact the FESG Program Office at (916) 445-6000 if you
have any questions.
Best wishes for a successful PrograIlI.
Sincerely,
~/~-
William J. Pavao
Federal EmeJ:gency She! ter
Grant Coordinator
WJP: goo
Enclosures
/.1 $"
/,.- ~
.r
/~! ..:;
" )
~ ;.r
-- . - ..... .: ....,.-..-ll\..., .","-""1\......_11' ...;. ... ~ M iTORNEY GENERAL
.
CO,-..;Tq....CTOR
::::::J STATE M.E'NCY
o OE'PT OF GEN SER
[] CONTRO\..\..ER
o
[J
o
ST ATE. OF CALIFORNhll.
5TD 2 IREY 2/85)
TIll'> .\(,I\E[\1E'\ T made ,wd entered lIlto tills 1st date of March _ lq sa.
III the ~tJ.t(' of (.1hfonll.1 b\ .1nd oehH'en ~tate of (..IhfortllJ.. through ItS duh eleded or Jppolllted.
f}ll.lhf If"d .1nd .1dmg
TITLE OF OFFIC,;R ACTING FOR STATE ! AGENCY Department of ircr('(lf/(H "1ii,,/ I/u !J'ale au,} I CONTRACT NUMBEI'<
Director I Housinq and Communi tv Develooment 88-FESG-013
. . -11('r((I}I<1 (alii rilhe COIltrador I CONTRACTOR S 10 NUM13ER
C~ty of Santa Mon1ca
(or the Grantee as approDr1ate with1n the contex~ of ~n'~ AgrpPmPnt.)
\\ ITi\E~~ETH Tlut the Contr.:lctor for and 1I1 cOllSlderatlOn of the covenants. conditions. .lgreements. .llld stlpubtlOllS of the ~tate
h(.relllafter t"pressed. does hert'b\ agrf'e to furlllsn to the State sernces and matt'n.1ls. .:IS follo\\ s
I ~,.t forlh "n',c,' 10 I" r, /ldereJ '''I COlllrador anlOfH1t 10 [J(' paid ContraclOT Itnll' for peTformance OT comple/wll and alIO' Ir 1'1",,, anJ I I'ec'ill:alW/I, If all!J )
JAM NO
I
I
I
This agreement will provide official notif1cat~on of the grant award under the State IS
administration of the Federal Emergency Shelter Grants program for Non-entitlement
jurisdictlons pursuant to the provisions of Section 101(g), Publ~c Law 99-500, 24 CFR Part
575, and Ca11fornia Health & Safety Code 50406. In accepting this grant award, the Grantee
agrees to comply with the terms and cond1tions of thlS agreement and all attachments
hereto, the cep;esentations contained in the Grantee's applicat1.on (herelnafter "the
Appl1cation") I wr":.ch is hereby 1Ocorporated by reference as if set forth in fullt and the
requlrements of the authoritles Clt1ed above.
CO"-JTINUED ON _ SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER
Tht' pro\ 1'l(l1lS fill tht' rt'\ ersE' SIde hereof c.onstltnte cl 1).1rt oi tillS ,l\~rf'ement
i'\ \\ [ r'\ r:..,,, \\ H f"Hr:OF "lls .l{':r.....nwnt 1i.1S h, I'll ( \e( IIIt>d 11\ 1111> [I_1rI1l:'.' hf'rpln UpOIl tilt> dcllt' tlr~1 ,Ihm... \\ nIt/'ll
STATE OF CALIFORNIA
CONTRACTOR
~G::'\lCV
CO .....T.,- ,;\CTO=i' iu: 0.,......:::... 'P"p.jAN AN II\IOPiU:~'liAL S- A TE W.....c....""EIit A CORPOCl:la. T 0""1
PART....ERSHIP ETC \
Department of Hous1.ng ~ Communltv Deve100ment
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;";): OECREAS'NG ENCuMBRANCE I OeJECT OF E>:PEND'TURE {CODE AND TITLE'
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1 J/( ({ 1JII t ~ rldli t/'tll illl (rJluhtH/fP, .for {.\( rtlpll(J.' H' ior.'h rrI ....Ioil \(lrtl'rlntnll'{ l \!(Jnual \( (1.11" 121J\j Ira~.
II( t 'I ((JflII}ht d Ii JIIr lUU! tJ1J'o elf/I 1111H lit t.. 11. lJ/]Jt I r'HI! f( 1 'l n illJ tiu Or p(Hll1U III ("j Tlllr.'lH ~
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1 The Contractor agrees to mdemmfv, defend and save harmless the St.1t(", Its officers, agents .lncl
emptoyees from any and all chums and losses aCCnl,mg or resultmg to any and all contractors, subcon.
tractors, materialmen, laborers and any other person. firm or corporation furnlshll1g Qr supplymg
work, services, matenals Of supplieS In connecl1on with the performance of this contract, and from any
.md .111 claims and losses accrmng or resultmg to any person, hrm or corporatIon who may be mJllred
or damage<1 by the Contr.1ctor III the pelformance of this contract
2 The Contractor, :md the ...gents :md emplovees of Contr.1ctor, In the performance of this agree-
ment. .!>hall act m an mdependent L.lpacltv .1nd not as otflcers or employees or agents of State of
(";.J.]1fofma
3 The Stolte may termlll.1te tills agrccmt>nt and be relieved of Ihe p.lyment of .lIlY consldcr.lhon to
C..ontractor should Contractor fall to perform the covenants herem contained at the time and In the
manner herem proVided III the event of such tcrmmutWII tile Stute molY [)((JCCI,'c! With the work in anv
rn.1mlPr deemed propN by the SI.1te T)w co~t 10 tile St.1lt> sh.ll! 1)(' d(.duch'd from (lily Slim dill' the'
Contr.1ctor lInder tillS .1greement, .1ud the b(lJ.mce, If (lilY, slmll be p.1ld the Controlctor upon d("m.1nd
4 \Vlthout the wntten con~ent o! the ~tate, thiS J.grecment IS not asslgnJ.ble bv Cuulr.u;:tor eltlu?r m
whole or In p.1rt
5 Tune IS of the t'sst'nce III tillS .lgret'ment
6 No Jheratlon OJ VJfI.1llOn of the terms of tillS contl.1cl shJII he y"hd IIlllcS!> m..lde III \\'fltwg :lIld
slgnt'd bv lilt' p.lfhes herf'to, .111(1 no Of.!l IInderstan(hng or .lgrf'ement nol IIlcorporated herem, sh.11l ot'
l)IIldmg On .llly of thl;' p.lrht's hereto
7 Tht. ClHl~l{l('r.lW)n to be p.lld Contr.Wlnf, .I~ proVided )wfelll, Sh.ll! 1)(> III comp('Il\atlOll for all nt
COlltr..tdor's ('''PCIIW) lIlcllrred III the pellOJ m.lllce hereD!, 11IdIHhng Ir.\Vel .md per dH'll1, IIl1ll'S5 other-
wise e"pressly so provided
8.5 354.50
CitY' of Santa I'1om.ca
#:88-FESG-013
Page 3 of 8
8. Work to be Perfonned
'!he Grantee agL~ to flllly perfonn the work descri.bed in Attadment A,
Section 1, (hereinafter "the Work") am IlDre fully described in the
Application.
9. Grant AmJunt
For the purposes of perfonni.ng the Work, the state agz:ees to pay to
Grantee the ano.mt specified in AttaUJ1l.ant A, Section 3. In no instance
s}'l.~11 the state be lil3-hle for aIr:! costs for the Work in excess of this
~, nor for arr:t unauthorized or ineligible costs. Paynent will be
made followin:J receipt ani approval of the Dq>enllture SUmmary am
Payment Request l;-tipOrt.
1.0. Special Corditions
'!he Grantee agrees to cul~ly with the special con:titions, if arrj,
contained in Attaclme.nt B.
11. Met:ho:i of Payment
To receive payrrent for the work perfo:rmed, or to receive an operat:i.ng
advance, the Grantee shall submit, in triplicate an:i on forms providOO by
the state, a duly executed Experrliture SUmmary an::i Payment Request (ESPR)
report. 'lhe Grantee sn~ 11 submit all Dq>enllture SUmmary am Payment
Request rep:lrts to the Dep3rbnent of Housing an:i Camnmity DevelqJ.llIent,
CUtllllll1Ility Develq::'ixent Prcx:Jram, 921 Tenth street, Roan 402, SaCl.'il1l'leJ1to,
e:.lifonria, 95814-2774, or any other arYiress of which the Grantee has
been notified in writirq. 'Ihe state shall not authorize payments unless
it deteDni.nes that the Work has been J;:erfonned in cuu~liance with the
tenns of this agTt:enelt arxl its attachments.
12. CUiiu.Lencement and Term
'lhis agreement is effective on Jarm~ry 29, 1988. HCMeVer, Grantee agrees
that Work shall not CUllUleI'1Ce prior to execution of this agreerent by the
state, unless expressly authorized in writing to do so. 'lbis agreement
shall terminate on the date set forth in Attachment A an::l Grantee agrees
that the Work shall be D:.i.lliplete by the date specified in Attachment A,
unless a written request for an extension is approved in advance and in
writirg by the state.
J.3 . Grant Termination
A. 1he state may tenninate this agreement at any tine for gocx:l cause by
givirq at le~~ 30 days notice in writi.rq to the Grantee. Good
cause shall consist of violations of any terms and/or Special
Contitions of this CigTBement, the regulations contained in 24 CFR
575, or upon the request of HUD. Upon tennination of this
agreement, unless otherwise approved in writi.n;J by the State, any
unexperrled :furrls received by the Grantee shall be returned to the
state within 30 days of the Notice of Tenni.nation.
Clty~ of Santa t>1omca
#88-FESG-013
Page 4 of 8
B. It is mublrllly urrlerstocxi between the parties that this agreercent may
have been written before ascert:ai.ni.nJ the availability of
con::lT.::ssional Cipl)LUpriation of :ftmjs, for the IIJ.Iblr11 benefit of both
parties in order to avoid prugTdl1l and fiscal d~lays which wuld occur
if the agreement were executed after the detennination was made.
c. 'lhis agl:eem:mt is valid arx:1 enfo~hle only if sufficient fums are
made aVi"li lable to the state by the United states GoveLTlIcent for the
federal fisl""~l ~!" 1987-88 for the p.IrpOSeS of this prcxp:am. In
addition, this agreement is subject to any ~nnitional restrictions,
li.Jni.tations, or corr'Ji_T..ions enact"",] by the Cc:>rgress or state
legislature or any statute enact~ by the ~BSS or the state
legislature ~ch may affect the provisions, terms or f'urrli.n3' of thi!';
ayL~ in any manner.
D. It is lII.rt:ll~lly agreed that if the Co1~l.ess does not ~LUf1riate
sufficient :ft1nJs for the program, this a':Jl.~ sh;:tll be amerrled to
reflect art:! reductions in funds.
E. 'Ihe state has the option to re.nninate this agreement tl1Xler the 3o-day
cancellation clause or to amerd the a9T~ to reflect any
reduction of :furrls.
14. Contractors an:l SUl:x::ontractors
A. 'Ihe Grantee or its am-tractors or subgrantees, shall not enter into
any agreement, written or oral, with arry contractor without the prior
determination by the state of the contractor's eligibility. A
contractor or subcontractor is not eligible to receive grant roms if
the contractor is not licensed in go:xi starrli.rq in California, or is
liste::i on the federal consolidated T,i!d: of r:ebarred, SUsperxled, an:i
Ineligible Contractors.
B. '!be Agreement between the Grantee arrl any contractor shall require
the contractor ani its subcontractors, if any, to:
1) Ferfom the Work in aa:::ordance with fooeral, state arrl local
housirq and. ):ali 1 ding codes as are applicable.
2) wuply with the labor S't.aJYl'rlrds described in Attachment C of this
agreenent as are awlicable.
3) Cumply with the appliC'.::'lble Fqual OppJrb.mity Reqn;rements,
described in Attachrrent D of this agl:eenent.
4) Maintain at least the minimum state-reqlli red Worker' s CUJ.l~tion
Insurance for those t::ll.plcyees who will perfonn the Work or any
part of it.
C~t~ of Santa Mon~ca
#88-FESG-013
Page 5 of 8
5) Maintain, if so required. by law, Ul'k::l.~if'loyment insurance,
di~ility insurance arrl liability insurance in an arrount to be
detennined by the state which is reasonable to o:..up;nsate arw
person, finn, or co:qx>ration who may be injured or damaged by the
contractor or any sulx:ontractor in perfonni.n:J the Work or any part
of it.
c. '!he Deparbnent reserves the right of pre-award revieN an:! approval of
all 1='.i:.T~ contracts ani related procurement doc.:mw:mts, such as
rE!q1_~ for p:Lq.a;als am invitations for bids, where the contract
am:xmt exc:eBd~ $10,000 ani only one bid or proposal is received, or a
Itbran:::1 narrell prcx:luct is specified, or the contract is to be awarde:i
sole sau:ce.
15. Inspections
A. Grantee shall inspect any Work perfo:rna:i hereurrler to ensure that the
Work is being arrl has been pe.rf0l:I00d in accordance with the
applicable federal, state arrljor local requirements, an::l tlris
agreement.
B. 'Ihe state :reserves the right to inspect any Work perfonned hereunder
to ~ that the Work is beirq arrl has been perfonned in accordance
with the appliC'..;:l:ble federal, State an;:Vor local reqllirements, arrl
this agzeement.
c. 'Ihe Grantee agrees to require that all Work fourxi by such. inspections
not to confonn to the applicable reC!llin~llIents be corrected., arrl. to
withhold payment to the contractor or subcontractor until it is so
correctE'd.
16. Records
A. All records, accaunts, documentation ani all other materials relevant
to a fiscal audit or examination, as specified by the state, shall be
retained by the Grantee for a pericx:i of not less than three (3) yt;>;>!rs
f.i:.uu the date of tenni.nation of this agreement.
B. If so directed. by the state up:m termination of this agree.rrent, the
Grantee shall cause all records, accounts, documentation arrl all
other materials relevant to the Work to be delivered to the State as
deJ.X'Sitor.y .
c. All contracts of $10,000 or lOOre between Grantee an:! its contractors
shall contain a provision which in:licates that the contra~
p:rrties shall be subject to the examination am audit of the AncHtor
General for a pericxl of three (3) years after the final payment urrler
the o::mtract.
Clt~ of Santa Monlca
i88-FESG-013
Page 6 of 8
17. AnrHt
A. All records, accxxmts, doc:unentation ani other materi~l!=: deemed
relevant to the Work by the ~Ih1~ shall be accessible at any
tiJne to the authorized L~resenta.tiVes of the state or federal
gove.l:.JII'IPnt, on ~sonable Prior notice, for the pn:pose of
examination or audit.
B. An experrliture which - is not authorized by this agT~ or which
cannot be adequately document.ed. shall be rH~lCMed arrl. ~J5t be
reimbursed to the state or its designee by the Grantee. Expen::litures
for Work not described in Attaclment A sl'Irlll be deemed authorized if
the performance of such Work is ~ed in writi.nq by the state
prior to the CUuliencement of such Work.
c. Absent .LL'a.OO or mistake on the part of the state, the determination
11.1 the state of the allCMability of any experrlitures snrlll be final.
D. Pursuant to 24 UK Part 44, Grantee shall perform an anrnlrl' anrlit at
the close of each fiscal year in which this agl.~t is in effect.
A non-profit Sl..lbgTantee shall be reqni-nad by the Grantee to perfonn
an allrlit p.rrsuant to the requ.li.-'aix.ents of a>m Circular A-llO.
E. 'Ihe anrlit shall be perfonre::i by a qm'llified state, local or
indeperrlent auditor. Grantee shall notify' the state of the auditorls
name am. aMress i1t1nediately after the selection has been made. The
contract for audit shall include a clause which pennits a~ by the
state to the in:ler.errlent auditor's working papers.
F. 'lhree. copies of all reqq:ixe:i audit reports snRll be sul:mittBd to the
state Controllerls Office within six nonths of the close of the
required audit :period.
G. IJhe state shall not approve any experrlitures for audit prior to
:receivirq an accept0ble allrlit rep:>rt.
18. CuillfJliance with state law arrl Requlations
'!he Grantee agT8eS to Cul.l~ly with all state laws ani regulations that
pertain to constnlction, health arrl safety, laror, fair ~.mfJloyment
practices, e:;rtlrll opportunity an:l all other matters applicable to the
Grantee, its subgrantees, contractors, or subcontractors, an:l the Work.
19. Envirornnental Requir€:lients
'!his agl.-Ee.meIlt is subject to the prov1S1ons of the ('.;el.lifomia
EnviroJ"lY1'il"nta.l Quality Act (CFJJA). Grantee assumes responsibility to
fully carrply with c::EJQA1s reqnir-errents regardirg the Work.
C~t~ of Santa Monlca
#88-FESG-013
Page 7 of 8
20. Cu:lLljJliance with Federal laws arrl Requlations
'!he Grantee agrees to CUlLlflly with all federal. la\\7S ani regulations
applicable to the Federal Emel:gency Shelter Grants Program arrl to the
work, ani with the required federal provisions set forth in Attachme1it E.
21. state O:x>n:linator
'!he (X)Q1:'dinator of this acjreement for the state is the ~Taill Manager of
the (""u'iIill.U1ity Devel~i.;mt ~Larn, Division of Cuwwmity Affairs, or the
Program Manager's designee.
22. Matd:llna F\lrrls
'!he Grant~ shall provide match:i.n;J :furx1s in the ano.mt an::l manner
speci!ied in Attachment B.
23. Certified Resolution
'!his a9T~ shall be acc:uiilfldnied by a certified resolution f:LYfi the
Grantee's governi..n:T body authorizirg its execution.
24. Waivers
No waiver of ~ breach of this &;JTBeIne11t shall be held to be a waiver of
aIr1 prior or subsequent breach. '!he frl. ; 1 ure of the Deparbnent to enforce
at aIr:! tiJTe the provisions of this a.greerrent or to require at any tine
perfo:rmance by the. Contractor of these provisions, shall in no way be
construed to l::e a waiver of such provisions nor to affect the validity of
this agreenent or the right of the DepalLLJ.1ent to enforce these.
provisions.
25. Litigation
A. If any provision of this agreement, or an urxlerlying obligation, is
held invalid by a court of Cu11~ jurisdiction, such invalidity,
at the sole discretion of the Deparbnent, shall not affect any other
provisions of this agreement ani the renai.nder of this agreement
shall L't::iiain in full force an:i effect. 'lherefore, the provisions of
this agreement are, ani shall be, deerre:i severable.
B. The Grantee shall notify the Depad:lxJeIlt :introodiately of any claim or
action UIrlertaken by or against it which affects or may affect this
aqi.~ or the Deparbnent, an:i sn~ 11 take sucn action with respect
to the claim or action as is consistent with the terms of this
ayL-~ arrl the int-J"rests of the state.
26. Repprts
'!he Grantee sn~l1. sul::lnit quarterly narrative ani financial reports ani
anr:nl~l am close-out: perfonnance reports 30 days after the errl of the
state-designatE'd report pericd on fonnats praV'ided by the state.
City of Santa Monlca
#88-FESG-013
Page 8 of 8
27. I..enqth of stay am. Fee Policies
MaxiJm1m len:J1:h of stay requi.Ltilents may be es:t-f1hlished by gL'antees or
service providers, so long as a shelter web can potentially be ocx:upia::l
by a household conti.nucusly for one year or IOOre is not assist~ by this
prcyL~am.
ReqniY~rents regarrli~ payment of fees by clients my be est'~bli.sbed by
yTesntees or service providers, so lorg as no one is denia::l shelter or arrj
shelter-related services" due to lack of f't.nXls, an::l arq fees charged
(prorated on a ry~i 1 Y basis) do not ~ 30t of the client r s documented
IOOnthly i..nc:x:me f:r.Ull all sources (prorated on a daily basis). If the
family tmit CX>11Sists of BOTe than one person, then inccanes of all family
members can be considered in making the 30% calculation. 'Ihe Department
is neither p:rchibiti.rq nor encx:magin:] the d1argi1g of fees in shelters
assisted. by this pl:cy.Lam.
Clt~of Santa Monlca
#88-FESG-0l3
ATl'AClIMENl' A
Page 1 of -1.
Section 1 - WOrk cescription
A. Grantee shall perform the Work as ~ibed in the awrcvec1 Application,
which is on file at the Departnent of Housin:3 ani c...awuUnity Develcpnent,
Division of Cuuu.w.mity Aff::'l;1""S, 921 Tenth street, Roam 402, sa~c:mento,
california, 95814-2774. All written materials or alterations s111-'1nitted
fl:"uii time to tirre as adder:rla to the original Application am which are
approved by the state prior to the award are hereby incorporat~_ as part
of the Application.
B. '!he ~rk shall consist of:
Renovatlonl Essentlal Servlces/ Malntenancel Non-staff Operatlons at the
Day Break Shelter.
c. NOtwithst:.arrlin;J Section 6 of this starrl::'lrd Agreerrent, Grantee shall
request written approval fnJiii the state when a program or budget revision
is nE'E'd.ed.. No alteration or variation of the tenns of this agl..-t:ement
shall be valid unless requested in writing arrl approved in writing by the
state, or at the state IS di ~tion signed by both parties in the fann of
a Grant Amendment. No oral urrlerstaPr1J ng or agreement not inco:rporate:i
herein, shall be bin::li..rg on any of the parties hereto.
Section 2 - Cuiltpletion I)a:tes
A. All Work shall be CUilpleted by DF'cf>mhpr 11. 1 qF\q in aCCOrD::'l1iCe with the
approved milestones in the Application. Milestones may be adju....o::t,:;>d by
written consent of the state ani do not require arrerxhnent of this
AgT~.
B. Close-out s.h::'lll CUillll'ence by Harch 31, 1990
c. 'Ibis Agreerrent shall expire on September 30 ( 1990.
Section 3 - Grant Ana.mt am OperatiD1 Budget
A. Specifics of the operating budget sh;=:tll be agreed. upon by the state am
Grantee prior to drawa.m of any ft.mJs.
B.
'!he 9Lant of $115/941
consists of:
$81,525 - Renovatlon
$17/391 - Essentlal SerVlces
$ 9,625 - Malntenance
$ 7,400 - Non-staff Operatlons
Ci ty of Santa Monica
:lf88-FESG-013
ATI'ArnMENT B
Page 1 of 1
Special Conditions
'The city of Santa Monica will, on a quarterly basis, report on the value of
other contributions, equalling at least $200,001 as a leverage to the FESG
grant. Required contributions to be reported on, as described in the
applicat10n are:
a, city of Santa Monica
b. Ocean Park Cutullllll1ity Center
Any proposed changes to these SOlll::'C8S or amomrts shall be made in writing to
and approved by the Department.
No renovation activity furrled by this grant will:
(1) IIWOl ve adverse alterations to a property that is listed on the National
Register of Historic Places, is located in an historic dlstrict or is
immediately adjacent to a property that is listed on the Register 1 or lS
deemed by the state Historic Preservation Officer to be eligible for
list:ing" on the Register;
(2) Take place in any lOa-year flcx:x:lplain designated by map by the Federal
Emergency Management Agency (FEMA), unless the community in which the
area is situated is participating in the National Floocl Insurance Program
and regulations thereunder or less than a YE'i'lr has passed since FEMA
notification regarding such hazards, in wh1ch case the grantee ensures
that flood insurance on the structure 1S obtained:
(3) Jeopardize the continued existence of an endangered or threatened
species as designated by the u.s. Department of the Interior (F1sh and
Wildlife Service) or the u.S. Department of Commerce (National Marine
Fisheries) .
C~ty of Santa Mon~ca
#88-FESG-013
A1TACliMENl' C
Page 1 of 1
labor St.aI'Pnrr::ls
All construction contractors and subcontractors shall give the follONing
certification to the Grantee and forward this certification to the Grantee
within 10 days after the exea.ltion of any contract or sulxxmtract.
A. III am aware of the provisions of Section 1720 et seq. of the California
labor Cede which requLres that the state prevailing wage rate shall be
paid to employees on projects covered by this section. II
B. "I am aware of t.~e provisions of Section 3700 of the rrlbor Code which
requires fNery eltiployer to be insured against liability for workers r
u.:.~tion or to undertake self-insu....'aI1ce in accordance with the
provisions of that Code, and I will corrply with such provisions before
CUi-ifencing' the perforrance of the Work of this contract. 11
c. lilt is further agreed. that, except as nay be provided in Section 1815 of
the Califonria J~t<Jr Cede, the maximum hours a \<lo:r-ker is to be employed
is limited to eight hours a day and 40 hours a week an:i the sul:x::ontract
shall forfeit, as a penalty, $25 for each worker employed in the
execution of the subcontract for each calendar day during wnich a t-lorker
is required or penni.tted to labor more than eight hours in any calendar
day or more than 40 hours in any calendar week. and is not paid overtiIre. II
Clty of Santa Monlca
#88-FESG-013
Equal Opportunity
ATrACEMENI' D
Page 1 of 2
1. '!he Civil Riqhts, Aqe Discrimination, and Rehabilitation Acts Assurance:
D..1ring the perfonnance of this Agreement, the Grantee assures that no
othendse qllrl1ified person shall be excluded fLulll participation or
employment, denied pro:fL-am benefits, or be subjected to discrimination
based on race, color, national origin, sex, age, or handicap, urxier any
program or activity funded by this contract, as req1.1ired by Title VI of
the civil Rights Act of 1986, Title VIII of the Civil Rights Act of 1968,
EXecutive Order 11063, the Age Discrimination Act of 1975, and the
Rehabilitation Act of 1973, am all implementing regulations.
2. '!he Tra:in.inq r EtT!ployment, an::l Contracting Opportunities for Blsiness and
I.o,.;er Inc:t::JMe Pe-'>'"SOns Assurance of, CuilifJliance:
a) '!he work to be pe.rfonned un:ler this Agreement is on a project
assisted urrler a prograTil providing direct federal financial
assistance frum the Department of Housing and. Urban Development and
is subj ect to the requi.rements of Section 3 of the Housing am Urb:m
Development Act of 1968, as amend.ed, 12 U.S.C. 1701u. Section 3
requires that to the greatest extent feasible, opportunities for
training' and errployment be given lower income residents of the
project area and contracts for Work in connection with the proj ect be
awarded to business concerns which are loc:ated in, or owned in
substantial part by persons residirJ;J in the area of the proj act.
b) '!he parties to this Agreement will comply with the provisions of said
Section 3 and the re<'JUlations issued pursuant thereto by the
Secretary of Housing an:l Urban D:welopment set forth in 24 c..tR Part
135, and all applicable rules and orders of the Deparbnent issued
thereun:ler prior to the execution of this contract. '!he parties to
this contract certify and agree that they are under no contractual
or other disability which would prevent them from cu1\\fJlying with
these r€qllirements.
c) 'Ihe Grantee will send to each lalJor organization or representative of
workers with which he has a collective bargaining agreen1l?nt or other
contract or understanding, if arr.i, a notice advertising the said
labor organization or worker's representative of his CUlLllltit:ments
uooer this Section 3 clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
enq:>loyment or training.
d) '!he Grantee will include these Section 3 clauses in fNery contract
and subcontract for Work in connection with the project and will, at
the direction of the state, take appropriate action pursuant to the
contract upon a finding that the Grantee or any contractor or
subcontractor is in violation of regulations issued by the Secretary
of Housing an::! Urban I:evelopment, 24 CFR Part 135 and, will not let
any contract unless the Grantee or contractor or subcontractor has
C~ty of Santa Monlca
#:88-PESG-013
A'ITArnMENT D
Page 2 of 2
flist provided it with a pre1irni.naJ:y statement of ability to corrrply
with the requirements of these regulations.
e) eu.l~liance with the provisions of Section 3, the regulations set
forth in 24 (:f.f( Part 135, and all applicable roles and orders of the
Depa..r. Lh~ issue:i thereun::1er prior to the execution of the Agreert'Ient
shall be a condition of the federal financial assistance provided to
the project, bindi.ng upon the Grantee, its successors, and assigns.
Failure to fulfill these reqllirements shall subject the Grantee, its
contractors and subcontractors, its successors, and assigns to those
sanctions as are specified by 24 Cl'l{ Part l35.
3. state Nom; !='.Crindnation Clause:
a) DJrin; the perfonnance of this contract, the recipient, contractor
and. its sulx:antractors shall not deny the contract I s benefits to any
:person on the basis of religion, color, ethnic group identification,
sex, age, physical or mental disability, nor shall they discriminate
unlawfully against any errployee or applicant for employment because
of race, roJigion, color, naticnal origin, ancestry, physical
handicap, l"B.T}tal disabillty, medical condition, marital status, age
or sex. Contractor shall ensure that the evaluation and treatment of
employees and applica..l'lts for employment are free of such
cliscri.rnination.
b) Contractor shall CUHl..I1y with the provlslOns of the Fai:r- Employment
and. Housing Act (Government CCrle Sectlon 12900 et seq.), the
regulations promulgated thereunder (California Administrative Code,
Title 2, Section 7285.0 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Co:le
(Gove:tlllhent Code sections 11135-11139.5) and the regulations or
starr'lnn1s adopted by the aw'arding state agency to brplement such
article.
c) Recipient, contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement.
d) 'l11e contractor shall include the nondiscrimination and Culllpliance
provisions of this clause in all sul::x:::ontracts to penom work under
the contract.
4. Assurance of Compliance \.,i th Reguirer.>ents Placed on Construction
contracts of $10 rOOD or more:
Grantee hereby agrees to place in every contract am sul:x::ontract for
constnlction exceeding $10,000 the Notice of Requirerr1eI1t for Affirmative
Action to ensure Equal Errployment Opportunity (Executive Order 11246),
the stannPtrd Equal Opportunity Clause, and the Standard Federal Equal
Errployment Opp:::>rtrmity, Construction Contract Specifications. Grantee
furthermore agrees to inset the appropriate Goals and Timetables issued
by the U. S. Deparbnent of Iiibor in such contracts and subcontracts.
Grantee shall contact the state for further guidance regarding corrpliance
with this requirement.
Clty of Santa Monlca
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A'ITA0iMENT E
Page 1 of 2
other Require:l Fed.eral Provisions
1. lead-Based Paint Hazards:
lJhe assistance provided under this Agreement is subject to the HUD I.ead-
Based Paint regulations, 24 Ul< Part 35. Any renovation assistance
provided under this Agreerrent shall be made subject to the provisions for
the elimination of lead-based, paint hazards urxIer subp3rt B of said
regulations, ani the Grantee shall be responsible for the inspections and
certifications reqn i-ra:l urrler Section 35.14 (f) thereof.
2. Obliqations of Grantee with Respect to Certain Third Party Relationships:
lJhe Grantee shrt 11 retrain fully obligated under the provisions of the
Agreement notwithstanding its designation of any third party or parties
for the urrle.r-.....akil"g of all or any p:rrt of the program with respect to
which assistance is being provide:l under this Agreement to the Grantee.
Arr:l Grantee s.."'1all roiiiply with all lawful reql1irernents of the state
necessary to ensure that the program. with respect to which assistance is
being provided under this Agrement to the Grantee is carried out in
accordance with the state's Assurance and Certifications.
3. Interest of eer~in Fed.eral Officials:
No member of or delegate to the Congress of the United states, an::i no
resident commissioner, SJ.'1all l::e admitted to any share or part of this
AgreeIreI1t or to any benefit to arise from the same.
4. Interest of Me:r:1bers, Officers, or Employees of contractors, Members of
I.cx::al Governinq Bcrly I or cr....her Public Officials:
No member, officer, or employee of the Grantee, or its designees or
agents, no ltleIt'ber of the governing' bcdy of the locality in which the
program is situated, and no other public official of such locality or
localities ~vho exercise any functions or responsibilities with respect to
the pro~:f(eun during' hisjher tenure or for one year thereafter, shall have
any interest, direct or irr1 i rect, in any contract or sulx::ontract, or the
proceeds thereof, for Work to l::e perfonned in connection with the program
assisted un:ler the Agree.'TIent. 'Ihe Grantee shall incorporate, or cause to
be incorporated, in all such contracts or subcontracts a provision
prohibiting such interest pursuant to the pw:poses of this section.
5. Prohibition Aqainst Payments of Bonus or wllJ.uission:
'Ihe assistance provided under this Agreement shall not be used in the
payment of any bonus or commission for the purpose of obtaining HCD
approval of the application for such assistance, or HCD approval of
applications for additional assistance, or any other approval or
concurrence of HCD rE!qll ired mrler this Agreement; provided, hcuever, that
reasonable fees or bona fide teclmical, consultant, manager.lal or other
such services, other than actual solicitation, a:r-e not hereby prohibited
if otherwise eligible as program costs.
CIty of Santa MonIca
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ATTACHMENT E
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6. The Grantee will com9ly wIth the policIes, guidelInes and requirements of
OMB Circular A-87 and A-I02 as they relate to the acceptance and use of
emergency shelter grant amounts by local governments, and A-IIO and A-122
as they relate to the acceptance and use of emergency shelter grant
amounts by private non-profit organizations.
7. The shelter provider(s) as identihed in the Application shall maintain
the buildings for which grant funds are used as a shelter for the homeless
for not less than a three (3) year penod from the date funds are
obligated on the shelter, or if the shelter is not yet open as of that
date, the date it is first open as a shelter. If the grant amounts are
used for major rehabilitation or conversion of the bUIlding, then the
building must be maintained for not less than a ten (10) year pe~~od.
8. Grantees shall obligate all funds awarded to it by September I, 1988.
"Obligate" means that the grantee has placed orders, awarded contracts,
recei ved services or entered similar transactions that require payment
from the grant amount. Grant amounts that are awarded by a local
government to a non-profit shelter provider are considered obligated.