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Nebraska Homeless Assistance Program (NHAP)

2018-2019Request for Applications

Program Guidelines

IMPORTANT DATESNHAP

Application Due

Application Review

Allocation

Process

Intent to Award

Notification

02/16/2018

5:00 CST

04/2018 05/2018 06/29/2018

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Table of Contents

INSTRUCTIONS

Program Summary - - - - - - - - 3Purpose - - - - - - - - - - 3Intent - - - - - - - - - -

4Target Service Areas - - - - - - - - 4Target Population - - - - - - - - -

4Eligibility - - - - - - - - - - 6Funding Priorities - - - - - - - - -

9Regional Allocation - - - - - - - - - 10Application Instructions - - - - - - - - 11Services Description - - - - - - - - 11Performance Measurements - - - - - - -

13Review and Funding - - - - - - - - 14Rating Criteria - - - - - - - - - 15Award Notification - - - - - - - - -

19General Terms and Assurances - - - - - - -

20HUD Specific Terms and Assurances - - - - - -

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SEPARATE DOCUMENTS – Available on NHAP Funding Webpage (link below):

2018-19 NHAP Application Form, including total agency budget 2018-19 NHAP Personnel Form – Attachment A 2018-19 CoC Verification of Participation – Attachment B 2018-19 NHAP Approval of Emergency Shelter Activities by Local Government –

Attachment C 2018-19 Certification of Accuracy and Intent – Attachment D 2018-19 Risk Assessment- Attachment E ESG Federal Regulations

NHAP Funding Webpage: http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_nhap_funding.aspx

SUBMISSION OF QUESTIONS

Questions regarding this application should be directed to NHAP Coordinator Nikki Swope by electronic mail at: [email protected]

The deadline to submit questions is 5:00 PM CST on Thursday, February 8, 2018.

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http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_nhap_funding.aspx

Answers to submitted questions will be posted online at:http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_nhap_funding.aspx.

NOTICE: No verbal questions will be answered. All questions and inquires must be in writing and submitted via authorized format noted above. Responses to questions will be posted on the NHAP website.

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http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_nhap_funding.aspx

NHAP is requesting agencies apply for funding to serve the needs of individuals and families who are homeless or near homeless. This supplemental information is to be followed and complied with in addition to the application.

PROGRAM SUMMARY

In order to serve the needs of people who are homeless and near homeless more effectively, the Nebraska Department of Health and Human Services System (DHSS) has combined the Nebraska Homeless Shelter Assistance Trust Fund (HSATF) and the U.S. Department of Housing and Urban Development’s (HUD) Emergency Solutions Grant (ESG) application process into one single application. The combined process and application will be referred to as the Nebraska Homeless Assistance Program (NHAP) application. NHAP will provide technical assistance, as needed or requested, to assist successful NHAP applicants in the appropriate use and administration of NHAP funds.

In 1992, the Legislature created the HSATF through the passage of LB 1192. The bill increased the transfer tax to the seller of real estate by twenty-five cents on each $1,000 of value from $1.50 to $1.75. The revenue from the additional twenty-five cents is collected by County Registers of Deeds, remitted to the Nebraska Revenue Department and deposited into the HSATF.

The Act to Prevent Mortgage Foreclosures and Enhance Mortgage Credit Availability Act was signed into law on May 20, 2009 (Public Law 111-22). Division B of this new law is the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act). The HEARTH Act amends Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371-11378) to rename the program the Emergency Solutions Grants (ESG) program, expand the range of eligible activities under the program, and add or change certain program requirements. The expanded activities include homelessness prevention and rapid rehousing components. The purpose of the ESG program is to assist individuals and families to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.

In 2001, the Nebraska Legislature passed LB516, which transferred the administration of the HSATF to the Nebraska Health and Human Services System. At the same time, Governor Johanns requested that HUD transfer the administration of the ESG Program to the Health and Human Services System. HUD granted this request, and on September 1, 2001 the administration of both Nebraska’s HSATF and HUD’s ESG Program became the responsibility of the Nebraska Health and Human Services System (now titled the Nebraska Department of Health and Human Services).

PURPOSE

The purpose of the Nebraska Homeless Assistance Program (NHAP) is to provide an overall “Continuum of Care” approach to address the needs of individuals and families experiencing, or at risk of experiencing, homelessness in Nebraska by assisting in the alleviation and prevention of homelessness, providing temporary and/or permanent housing for persons who are homeless, and encouraging the development of projects that link housing assistance programs with efforts to promote self-sufficiency.

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It is widely recognized that homelessness is not due to just a lack of shelter; it also involves a variety of unmet needs and underlying economic, physical, and social challenges. To the extent that homelessness encompasses a wide range of conditions, NHAP strongly supports the “Continuum of Care” concept as an effective approach to addressing the needs of people who are homeless or at risk of homelessness. A Continuum of Care process is a community and regional-based process that provides a comprehensive and coordinated housing and service delivery system. The U.S. Department of Housing and Urban Development (HUD) initiated the “Continuum of Care” process in 1994. The process promotes a coordinated, strategic planning approach for programs that assist families and individuals who are homeless or at risk of homelessness.

A Continuum of Care system has the goal of moving persons who are homeless to permanent housing and stably maintaining those who are currently residing in permanent housing. This means identifying all homeless populations in communities, understanding the need of people who are homeless and at risk of homelessness, and building a comprehensive and responsive system. A Continuum of Care approach helps communities and regions provide a balance of emergency, transitional, and permanent housing and service resources to address the needs of people who are homeless or at risk of homelessness and assist them in making the critical transition from homelessness to self-sufficiency and permanent housing. All renewal subrecipients must actively participate in their Continuums of Care.

INTENT

It is DHHS’s intent to award funds through a regional and programmatic (i.e. activity specific) allocation process which emphasizes equitable distribution of funding, continuity of services, quality programming and effective and efficient service delivery. The intent of this funding is to supplement a homeless service provider's budget, with the priority given to comprehensive homeless service providers offering complete regional continuum of care coverage. Therefore, organizations are encouraged to seek other sources of funding, to collaborate and to coordinate programs and services with other organizations in order to optimize the use of NHAP funds.

TARGET SERVICE AREAS

In order to serve the needs of people who are homeless throughout the entire state, NHAP allocates funds according to the geographic regions identified on the map located at: http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_c_of_c.aspx

NHAP allocates ESG and HSATF funds to Regions 1-5 and allocates HSATF funds to Regions 6 & 7. Regions 6 (Lincoln area) and 7 (Omaha area) receive their ESG award directly from HUD. For additional information on funds available please see the section titled “2018-19 NHAP REGIONAL ALLOCATION” starting on page 10.

TARGET POPULATION

NHAP funds are to be used to assist individuals and families in Nebraska who are homeless or at risk of homelessness.

HUD defines “Homeless” as (see 24 CFR 574.2 for more detailed information): 1) An individual or family who lacks fixed, regular, and adequate nighttime residence,

meaning:

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http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_c_of_c.aspx

a) An individual or family with a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport or camp ground;

b) An individual or family living in a supervised publicly or privately-operated shelter designated to provide temporary living arrangements; or

c) An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

2) An individual or family who will imminently lose their primary nighttime residence provided that:a) The primary nighttime residence will be lost within 14 days of the date of application

for homeless assistance;b) No subsequent residence has been identified; and c) The individual or family lacks the resources or support networks needed to obtain

other permanent housing.3) Unaccompanied youth under 25 years of age, or families with children and youth, who

do not otherwise qualify as homeless under this definition, but who:a) Are defined as homeless under other relevant federal statutes;b) Have not had a lease, ownership interest or occupancy agreement in permanent

housing during the 60 days immediately preceding the date of application for homeless assistance;

c) Have experienced persistent instability as measured by two moves or more during the 60-day period immediately preceding the date of application for homeless assistance; and

d) Can be expected to continue in such status for an extended period of time.4) Any individual or family who:

a) Is fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place in their primary nighttime residence or has made them afraid to return to their primary nighttime residence;

b) Has no other residence; and c) Lacks the resources or support networks needed to obtain other permanent housing.

NOTE: There are no Continuums in Nebraska that have been approved to use the Category 3 definition (homeless under other federal statutes). Therefore, you cannot serve anyone with ESG funding unless they meet the qualifications for homelessness under Category 1, 2 or 4.

HUD defines “At Risk of Homelessness” as (see 24 CFR 574.2 for more detailed information):1) An individual or family who:

a) Has an annual income below 30 percent of median family income for the area, as determined by HUD;

b) Does not have sufficient resources or support networks immediately available to prevent them from moving to an emergency shelter or place described in paragraph (1) of the “homeless” definition; and

c) Meets one of the following conditions:1. Has moved because of economic reasons two or more times during the 60 days

immediately preceding the application for homelessness prevention assistance;2. Is living in the home of another because of economic hardship;

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3. Has been notified in writing that their right to occupy their current housing or living situation will be terminated within 21 days after the date of application for assistance;

4. Lives in a hotel or motel and the cost is not paid by a charitable or governmental program for low-income persons;

5. Lives in a single-room occupancy or efficiency apartment unit in which there reside more than two persons or lives in a larger housing unit in which there reside more than 1.5 persons per room, as defined by the U.S. Census Bureau; or

6. Is exiting a publicly funded institution or system of care.

2) A child or youth who does not qualify as homeless under this Act, but qualifies as homeless under other relevant federal statutes; or

3) A child or youth who does not qualify as homeless under this section of the Act, but qualifies as homeless under another section and the parent(s) or guardian(s) of that child or youth are living with her or him.

As of January 15, 2016, the Final rule on Defining “Chronically Homelessness” went into effect. The new definition for Chronic Homelessness must be followed. The most significant changes to the definition include:

To be considered chronically homeless, a person must have a disability and have been living in a place not meant for human habitation, in an emergency shelter, or a safe haven for the last 12 months continuously or on at least four occasions in the last three years where those occasions cumulatively total at least 12 months;

Replaced “disabling condition” with “homeless individual with a disability”; There is not a minimum number of days in which each occasion must total but instead,

occasions are defined by a break of at least seven days not residing in an emergency shelter, safe haven, or residing in a place meant for human habitation;

Stays in institutions of fewer than 90 days do not constitute a break and count toward total time homeless; and

The final rule establishes recordkeeping requirements for documenting chronic homelessness that take into account how providers use Homeless Management Information Systems (HMIS) and that does not require documentation of each day of homelessness but a method that can be more easily implemented.

NOTE: NHAP funding may not be used to serve wards of the State. This population is not considered homeless for the purpose of NHAP, because the State is legally responsible for the basic needs of such children. Runaway youth who are not a part of the foster care system and are not wards of the State are considered homeless.

ELIGIBILITY

To be eligible to apply for 2018-2019 NHAP funding, applicants must:

A. Assume responsibility for having knowledge of and the ability and intent to comply with federal and state Emergency Solutions Grant (ESG) and state Homeless Shelter Assistance Trust Fund (HSATF) requirements found in the Code of Federal Regulations Title 24 Part 576 (ESG) and Title 24 Part 84 (HUD Uniform Administrative Requirements) and Nebraska Revised Statutes 68-1601

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through 68-1608 (HSATF) and Nebraska Administrative Code Title 462 (HSATF);

B. Agree to abide by the conditions and content of the Program Guidelines document and the submitted application as approved if selected to receive funding;

C. In order to reduce NHAP grant management and administrative burden, NHAP adopted a two-year funding cycle in 2003. The first year involves a competitive application process that is open to any eligible applicant. The second year will be a renewal application process that is open only to existing NHAP recipients in good standing.Grant year 2018-2019 is the 1st year of this two-year grant cycle, which is an open year. All applicants, both former and new, will be considered for NHAP funding if all eligibility requirements are met and a completed application is submitted per instructions.

D. Have at least two years of experience successfully providing services which address the purpose of NHAP, as previously described;

E. Identify there is a need for the proposed services;

F. Provide evidence of participation in their Continuum of Care (Attachment B);

G. Obtain Continuum of Care approval for the need for the proposed services identified in their application and provide documentation of such approval (Attachment B);

H. Be exempt from taxation under section 501(c)3 of the Internal Revenue of 1986 or represent a number of eligible applicants;

I. Not discriminate based on age, religion, sex, race, color, disability, gender, gender identity or national origin;

J. Provide:(a) Residential housing for at least eight hours of every twenty-four hour period,

as defined by the state and federal rules and regulations governing HUD’s Emergency Solutions Grant (ESG) program and/or Nebraska’s Homeless Shelter Assistance Trust Fund (HSATF); and

(b) Homelessness prevention, rapid rehousing, street outreach and/or shelter services for individuals and/or families who are homeless or at risk of homelessness in compliance with the state and federal rules and regulations governing HUD’s Emergency Solutions Grant (ESG) program and/or Nebraska’s Homeless Shelter Assistance Trust Fund (HSATF);

K. Operate a drug-free premise;

L. Agree to participate in any count of homeless individuals and/or families and housing inventory undertaken by DHHS or their designee;

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M. Agree to comply with the written ESG standards approved by the applicants relevant Continuum of Care (the Balance of State Continuum of Care standards are found on the NHAP website at: http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_history_of_nhap.aspx )

N. Agree to follow the NHAP ServicePoint workflow and participate in NHAP’s identified HMIS database by entering all required NHAP and HUD data elements on all persons served and all NHAP-funded activities, with the exception of victim or legal service providers who agree to collect all of required NHAP and HUD data elements on all persons served and all NHAP-funded activities and enter them into an electronic database system which is comparable to the HMIS, and also agree to DHHS NHAP coordinator accessing HMIS to view NHAP funded client records during monitoring for quality assurance purposes;

O. If requesting funding for homeless prevention and/or rapid rehousing services, agree to assess client eligibility and obtain the necessary documentation to verify the client, the payment/service provided and the housing unit meet HUD’s ESG requirements at 24 CFR 576: http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr576_main_02.tpl

P. If requesting funding for shelter services, agree to maintain shelter facility in compliance with HUD’s minimum standards at 24 CFR 576.403 and provide Attachment C to verify approval of emergency shelter activities by local government for all cities or counties where shelter will occur – (HUD requires new NHAP subrecipients to submit an approval for any and all cities/counties where shelter will occur, even those programs using hotel/motel vouchers. Current NHAP subrecipients who have previously submitted approvals for cities/counties do not need to resubmit for those identified cities/counties, just those cities/counties where shelter will occur that do not have a prior city/county approval on file at DHHS).

Q. If requesting funding for shelter services, clearly identify if there is or will be a new shelter location not previously reported to NHAP (due to the need for environmental reviews no shelter can be supported with NHAP funds without NHAP’s prior approval);

R. Conduct an annual, certified, external financial audit/financial report completed within the last 12 months;

S. Submit a correctly completed application, including Attachments A through E (unless not required per instructions) and all additional required documentation such as Board of Directors List, Proof of 501 (c)(3) status, Certification of Good Standing, and Certification of Accuracy and Intent Form by the deadline previously specified; and

T. ESG funds are not intended for start-up of new homeless service providers or programs, and duplicative service and program efforts should be avoided. First time applicants are expected to have homeless programs established and be active participants in their local CoC prior to participating in the ESG application process.

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http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title24/24cfr576_main_02.tpl

http://dhhs.ne.gov/children_family_services/Pages/fia_nhap_history_of_nhap.aspx

2018-19 NHAP FUNDING PRIORITIES

NHAP funding for the 2018-19 year will be awarded to eligible applicants, based on the following factors:

Current and proposed performance; Availability of ESG and HSATF funding; Need for and collaboration of proposed service (i.e. if project was discontinued or not

funded would it create a substantial and recognizable gap in services and how will the agency collaborate with other resources to meet the needs of the individuals served);

Applicant’s experience:o Agency history and mission;o Provision of services to individuals and families experiencing, or at risk of

experiencing, homelessness; o Work with federal grant programs;o Participation and leadership role in local, regional and/or state Continuums of

Care (CoC) and participation and leadership role in special events/projects related to ending and/or preventing homelessness and/or promoting self-sufficiency (e.g. Project Homeless Connect, Stand Down, NCHH); and

o Verification of CoC attendance and approval of applicant’s project by relevant Continuum of Care.

Applicant’s strategies and policies for: o Ensuring compliance with this and other grant-funded programs;o Monitoring and improving the accuracy and quality of program data;o Supporting and improving program participant self-sufficiency;o Coordinating services with mainstream service and housing providers;o Participation in the Coordinated Entry processo Connecting program participants with mainstream services; and o Maintaining/attaining fiscal stability.

Fiscal Stability Quality and completeness of application, budget, and budget narrative. Budget narrative

should be detailed to include breakdown of personnel costs, service cost calculations, methods of determining cost allocation percentages, detail of operational expenses, etc. Applicants are required to provide the total amounts and a brief description of other funds utilized to support the NHAP program. If “Other Funds” is left blank or has a zero provide detail as to why no other funding is sought or received. Points will be deducted if the service narrative does not contain sufficient budget breakdown detail to replicate the calculated budget totals.

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2018-19 NHAP REGIONAL ALLOCATION*Increase in Funding Available

ESG and HSATF funding for 2018-2019 will exceed the amount of funds awarded in 2016-2017 (see below). NHAP will follow its funding formula, identified in the Annual Action Plan submitted to HUD, in determining the amounts of funds available per region. Although the HUD ESG allocation has yet to be announced by HUD, NHAP expects no significant change is ESG funding. *NHAP does have an anticipated increase of $601,576.70 in HSATF available for awarding to applicants. NHAP has reserved additional HSATF funding for 2nd year awards (2019-2020) to sustain successful projects.

Region 2017-2018 allocations 2018-2019 projected allocations Projected Difference

Region 1 $234,246.22 $264,806.02 $30,559.80Region 2 $443,518.24 $429,166.06 $-14,352.22Region 3 $376,629.83 $422,534.41 $45,904.58Region 4 $615,587.86 $691,519.50 $75,931.64Region 5 $503,924.82 $579,005.25 $75,080.43Region 6 $560,833.06 $652,914.25 $92,081.19Region 7 $1,150,616.36 $1,406,259.73 $255,643.37

Due to annual fluctuations in the pro rata need amounts and the need to help ensure statewide continuity of necessary services, NHAP followed the federally approved plan. This resulted in adjusting a region with a significantly high increase to reduce the impact of the change for other regions.

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APPLICATION INSTRUCTIONS

SECTION I: Applicant InformationSection I provides basic applicant information, (enter data into text boxes), emergency shelter bed types (select from drop-down menu), populations served (check all that apply), primary population/need served (select one from drop-down menu), counties that the agency serves (enter into text box) and Continuum of Care Region (select from drop down menu). Agencies who provide services in multiple regions MUST complete separate applications for each region served.

SECTION II: Total Funding RequestEnter the total final 2017-2018 NHAP funding award granted and the 2018-2019 NHAP funding request. Check the types of programs funded through NHAP for the prior year (2017-18) and requested funding for services for the current application cycle.

Be sure to include ALL sources of the agency’s total budget which support NHAP related services (enter into text box). This allows for accurate accounting for total percentage of NHAP funds to the agency’s budget and allocation percentages for requested NHAP funds.

Proposed 2018-19 Budget: Complete the chart for the amounts requested for allowable NHAP funded services. To complete the chart, double right click anywhere inside the Excel file to enter the individual budget item requests. The chart will auto-calculate the totals. Once completed with the budget entry, click outside the chart and this will imbed the file back into the Word document.

SECTION III: Program InformationEnter a concise narrative under each program criteria 1-4 to demonstrate how the proposed NHAP funded project would meet the overall objective of increased self-sufficiency and provide safe and stable permanent housing to the homeless and at risk of homelessness in the community the agency serves. The text boxes allow for carriage return, standard formatting and the ability to insert small tables.

See the following paragraph for further information on Criteria 5. Criteria 6 is for reviewer use only. Narrative is not required from the applicant; however, the quality and completeness of the overall application is taken into great consideration in funding determinations.

Include detailed budget narratives and performance standards for each applicable NHAP funded service under Criteria 5 (a) through (e). Every applicant must complete Criteria 5 (f) and (g). Following are services descriptions with detail of eligible costs associated with each service:

SERVICES DESCRIPTION

Eligible activities for NHAP funding are 1) Street Outreach, 2) Emergency Shelter, 3) Homelessness Prevention, 4) Rapid Rehousing and 5) HMIS/DV (Homeless Management Information System/Domestic Violence) data base.

1) Street Outreach – funds may cover costs related to engagement, case management, emergency outpatient health services, emergency outpatient mental health services and

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transportation). Eligible persons are those who meet the criteria set forth in paragraph (1)(a) of HUD’s “homeless” definition and criteria set forth on pages 4-5.

2) Emergency Shelter – funds may cover costs related to: a) Essential Services – case management, child care, education, employment assistance

and job training, life skills training, outpatient health services, outpatient mental health services, outpatient substance abuse treatment services and transportation; and

b) Shelter Operations – eligible costs are the costs of maintenance, including minor or routine repairs; rent; security; fuel; equipment; insurance; utilities; food; furnishings; supplies necessary for the operation of the shelter; and hotel/motel vouchers when no shelter is available.

c) Eligibility - Eligible persons are those who meet the criteria set of HUD’s “homeless” definition and criteria set forth on pages 4-5.

3) Homelessness Prevention – funds may cover costs related to:a) Services – housing search and placement, housing stability case management,

mediation and credit repair;b) Financial Assistance – rental application fees, security deposits, utility deposits or

payments, last month’s rent, and moving costs; and c) Rental Assistance - short-term (up to 3 months in a 3-year period) rent; medium-

term rent (more than 3 months, but not more than 24 months in a 3-year period); rental arrears (one-time payment for up to 6 months of rental arrears in a 3-year period).

d) Eligibility - Eligible persons are those who meet the criteria set forth in HUD’s “at risk of homelessness” definition (see pages 5-6) or in paragraphs (2), (3) or (4) of HUD’s “homeless” definition (see pages 4-5) and have an annual income below 30 percent of median family income for the area, as determined by HUD.

4) Rapid Rehousin g – funds may cover costs related to:a) Services – housing search and placement, housing stability case management,

mediation and credit repair;b) Financial Assistance – rental application fees, security deposits, utility deposits or

payments, last month’s rent, and moving costs; and c) Rental Assistance - short-term (up to 3 months in a 3-year period) rent; medium-

term rent (more than 3 months, but not more than 24 months in a 3-year period); rental arrears (one-time payment for up to 6 months of rental arrears in a 3-year period).

d) Eligibility – Eligible persons are those who meet the criteria set forth in paragraph (1) of HUD’s “homeless” definition (see pages 4-5) or in paragraph (4) of the “homeless” definition and live in an emergency shelter or other place described in paragraph (1) of the “homeless” definition.

5) HMIS/DV Database – funds may be used to pay the costs for contributing data to the HMIS or a comparable data base for victim service providers designated by the Continuum of Care for the area. Eligible activities include: computer hardware, software, equipment, technical support, office space, utilities related to HMIS work, personal costs for analyzing/entering data into HMIS, HMIS training costs, and HMIS licensing fees.

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PERFORMANCE MEASUREMENTS

As part of the HEARTH implementation Act, performance measures are to be used to demonstrate outcomes. These outcomes in turn measure program progress in meeting the defined goals and objectives. Primary goals the State strives for NHAP subrecipients to achieve include reducing the length of homelessness, reducing returns to homelessness and maintaining/increasing cash and non-cash income. Due the type of program the agency provides (e.g. long-term vs. short-term emergency shelter, victim services programs, etc.) that meets the needs of a continuum of services throughout the state and the due date of NHAP applications performance measures have been revised. Performance measures will only include leavers for the prior calendar year and outcome measures will be evaluated on the type of service provided to the homeless and at-risk of homeless in the region. Moving forward, for 2018-19 performance measurements will now be used to determine how programs and activities are meeting established needs and goals including:

Street Outreach – increase the % of discharges to Permanent Housing; increase the % of persons exiting with income; increase the % of persons exiting with non-cash benefits.

Emergency Shelter/Transitional Housing – increase the % of discharges to Permanent Housing; increase the % of persons exiting with income; increase the % of persons exiting with non-cash benefits.

Homelessness Prevention – increase the % of persons exiting with income; increase the % of persons exiting with non-cash benefits.

Rapid Rehousing – increase the % of discharges to Permanent Housing; increase the % of persons exiting with income; increase the % of persons exiting with non-cash benefits.

Returns to Homelessness- reduction of the number and % of individuals who return to homelessness after discharge to Permanent Housing destinations. HMIS users must request this information from the HMIS leads (CCFL or Institute for Community Alliance) who are able to run the report needed for you to include this data. To allow sufficient time for the HMIS system administrator to provide this information, request this report ASAP. (Preferably 1 month prior to the NHAP deadline.) Agencies utilizing comparable data bases (i.e. victim service providers) must also provide the same data with the acknowledgement that the dynamics of victim services and permanent housing will be taken into account when reviewing data.

HMIS/DV Missing Data – reduce the % of Universal Data Elements (UDEs) with Missing or Null Values in HMIS (left blank). UDEs include Name, DOB, Gender, SSN, Race, Ethnicity, Veteran Status, Disabling Condition, Residence Prior to Program Entry, Zip Code of Last Permanent Residence, Income at Entry/Exit, Benefits at Entry/Exit, Disabilities at Entry/Exit and Discharge Destination.

The above information is the basis for the performance component in the NHAP Application as is directed by HUD. As an applicant you agree to gather and record the necessary information into HMIS (or comparable system for those providers exempt from using HMIS). As an applicant you also acknowledge the agency’s demonstration in meeting the performance measurements may affect applicant selection and funding.

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Agencies must provide narrative regarding any divergences in standard performance standards such as type of service, length of stay, targeted populations, etc.

NHAP APPLICATION REVIEW AND FUNDING RECOMMENDATION PROCESS

Applications for the 2018-2019 NHAP competitive award process will be reviewed by teams composed of representatives of the governor-appointed Nebraska Commission on Housing and Homelessness; State, Regional or Local Continuum of Care Committees; Department of Health and Human Services; and/or other agencies or organizations with experience in service delivery to those experiencing, or at risk of experiencing homelessness. NHAP will facilitate the review process.

Using the criteria identified below, which were developed based on input from the Continuums of Care, the application review teams will assign points to each application, up to a maximum total of 100 points, and provide recommendations on funding to NHAP.

PLEASE NOTE: Late (received after deadline) or incomplete (all required attachments and

documentation not included with the application packet) NHAP applications will not be considered for 2018-2019 NHAP funding.

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RATING CRITERIA

Criteria 1: Experience (0-19 Total Points)

1.1 (0-4 Points) Describe your agency, including its history, mission, target population and future goals. Include description of any recent or planned changes in mission, target population and/or services.

1.2 (0-5 Points) Describe your agency’s experience providing services to individuals and families experiencing, or at risk of experiencing, homelessness. Include description of the services provided, the number of individuals/families served and the dates (i.e. start and end dates) agency has provided this service/these services.

1.3 (0-5 points) Describe your agency’s experience working with federal grant programs for the last 5 years, including the name of the federal agency and the specific program, dates (i.e. start and end dates) agency received the funding and results of any monitoring of these programs by federal or state representatives, such as findings, sanctions, resolution. Include 10 years of history for any federal grant that has been withdrawn by the awarding agency, voluntarily given up or had any type of finding or concern during monitoring.

1.4 (0-5 points) Describe your agency’s participation on your regional/state Continuum of Care committee or sub-work group/subcommittee meetings, 10-year Plan to End Homelessness meetings, and/or Nebraska Commission on Housing and Homelessness (NCCH) Commission meetings. Include dates and name(s) of agency staff who participated and any leadership roles (e.g. committee or subcommittee officer/convener/lead). In addition provide any agency participation in special events designed to end or prevent homelessness, including dates and name(s) of agency staff who participated and any leadership roles pertaining to the special event.

Criteria 2: Need and Coordination for Proposed Service(s) (0-20 Total Points)

2.1 (0-5 Points) Describe the need in the service area which your agency will meet with the NHAP funding being requested, the population to be served, and the counties/cities/parts of cities where your agency is providing each service. Provide explanation how your agency fulfills a specific need in the continuum of services provided to assist those individuals/families that are at risk of homelessness or homeless in your community. Include factual data to support need with low income population numbers and unemployment % in applicant’s service area.

2.2 (0-5 Points) Describe your agency’s participation in the applicable Coordinated Entry System to promote the “no wrong door” approach to ensure streamlined accessibility to permanent housing programs and self-sufficiency for

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program participants. Collaboration efforts should include engagement with victim service, veteran, mental health/substance abuse, other homeless assistance providers and any entity that may have contact with homeless/at risk of homeless in the region served. In addition, identify if the agency is either a public access door and, if not, how the agency refers program participants to the applicable agency for placement on the MVRT/By-Name list for Permanent Supportive Housing or Rapid Rehousing. Provide narrative regarding how the agency is utilizing the standardized assessment tools (i.e. applicable SPDAT) to determine the needs of the agency’s program participants. Detail should be included regarding how confidentiality of victim services program participants will be maintained as per the Violence Against Women Act (VAWA and the personally identifying information of all other program participants will be kept confidential as per ESG guidelines

2.3 (0-5 Points) Describe your agency’s strategies for supporting and improving the self-sufficiency of those who are experiencing or at risk of experiencing homelessness (e.g. job training, ESL classes, budgeting assistance, SOAR, Rent Wise, life skills, etc.) and what/if there is a follow-up procedure with clients who were served and then exited the program. Include a description of your agency’s process in linking clients you serve with the SOAR designated agency (SOAR lead) in your local CoC.NHAP Note: Agencies that are not SOAR designated in their regional CoC may request NHAP funds to support a specialized SOAR case worker if reasonable explanation, to include prior efforts and results in coordinating with the SOAR lead, is provided to support the need to have more than one agency within the CoC to utilize the SOAR model. Provide details on the specialized training the staff would receive, the use of OAT (Online Application Tracking), and the expected number of individuals to be served. The budgets in Section 5 for the service(s) to use SOAR include the line item amount and the narrative should support a break out specific for SOAR requested funds. SOAR designated agencies (Local Leads) may utilize NHAP funding to expand or supplement their SOAR projects. If additional funding is being requested for SOAR expansion for Local Leads, provide justification to support funding, to include how the program will be expanded and the increase in expected number of individuals to be served.

2.4 (0-5 points) Describe your agency’s strategies for coordinating services with mainstream services (e.g. regular meetings, cultivation of specific contacts at other agencies, etc.) and connecting program participants with mainstream services (e.g. assist with application for public benefits, referrals to relevant agencies, etc.). Provide a description of how mainstream funding resources are utilized in conjunction with NHAP funds to provide financial assistance to program participants in order to serve the greatest number of individuals with limited funding. In addition, provide explanation regarding how the agency is utilizing diversion processes to prevent individuals from entering the homeless system.

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Criteria 3: Strategies- Agency Program Management(0-10 Total Points)

3.1 (0-5 points) Describe your agency’s strategies, policies, practices, and the implementation of such, for ensuring compliance with the federal and state regulations and program requirements associated with this and other grant-funded programs (e.g. quality assurance process, staff training, program requirement checklist, etc.).

3.2 (0-5 points) Describe your agency’s strategies, policies, practices, and the implementation of such, for monitoring and improving the accuracy and quality of program data (e.g. regular data reports, data checking by assigned staff, data report review by Director and/or Board, etc.).

Criteria 5: Fiscal Stability(0-15 Total Points)

4.1 (0-10 Points) Please describe your agency’s strategies, policies, practices, and the implementation of such for maintaining or attaining fiscal stability, including information on operational and capital budget structure (e.g. diverse funding sources, ongoing solicitation of non-governmental funding, cash reserve, endowment, etc.); segregation of financial duties (e.g. donations are processed by two staff, payments over a certain amount are reviewed by Director/Board, annual budgets and monthly financial reports are reviewed by Board/Finance Committee); identifying issues of and improvements for the timely and accurate submission of billing; audit findings; and Board involvement in fiscal oversight of agency (e.g. Board’s Finance Committee regularly reviews financial statements and has members recruited for their fiscal expertise). Note: timely submission of prior billings will be shared by NHAP to reflect this performance measure during reviews of applications.

4.2 (0-5) Points Timely and accurate submission of NHAP reimbursement request forms

Criteria 5: Request for Funding and Demonstrated Performance 5.1 (0-17 Points)

Supporting Documentation not submitted in the required format and/or with excessive data will not be acceptable and may result in a deduction of points.

For each Program Type section funding is requested, provide clear, complete, and accurate information, which justifies proposed budget. Provide a narrative description of activity being proposed and a detailed description of how each line item was calculated (e.g. breakdown of personnel costs, service cost calculations, methods of determining cost allocation percentages, detail of operational expenses, etc.). Provide the total amounts and a brief description of other funds utilized to support the NHAP program. If “Other Funds” is left blank or has a zero provide detail

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as to why no other funding is sought or received. Points will be deducted if the service narrative does not contain sufficient budget breakdown detail to replicate the calculated budget totals. Consider if funds focused more directly for client assistance rather than agency staffing.

On the Performance Component sections, use outcomes to demonstrate impact for reducing homelessness and increasing self-sufficiency.

All applicants need to complete the HMIS Data Entry Performance information on page 20 of the application, even if NHAP funding is not being requested for that Program Component.

All applicants also need to complete the Returns to Homelessness Data table on page 21 of the application, which should reflect a low re-entry of program participants returning to homelessness. HMIS users must request this information from the HMIS administrators (CCFL or Community Alliance) who are able to run the report needed for you to include this data. To allow sufficient time for the HMIS administrator to provide this information, request this report ASAP. (Preferably 1 month prior to the NHAP deadline.) Agencies utilizing comparable data bases (i.e. victim service providers) must also provide the same data with the acknowledgement that the dynamics of victim services and permanent housing will be taken into account when reviewing data.

Criteria 6: Quality of Application(0-19 Total Points)

6.1 (0-9 Points) Information appears accurate, complete and well-presented; responses correspond with questions; and information provides understandable overall picture of agency, the programs and services and the need for continued funding.

6.2 (0-10 Points) Budget (Attachment A), budget narrative and personnel budget (Attachment B) and description appear accurate, complete, understandable and well-presented; the information is as requested and detailed enough to provide an understandable picture of the request; and the totals are correct and are in sync throughout the different sections of the application.

100 Points TOTAL POSSIBLE POINTS

AWARD NOTIFICIATION

Award of funds is contingent on the availability of State and Federal funding.

Subaward Agreements shall run for a one (1) year term beginning July 1, 2018 and extend through June 30, 2019.

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The Nebraska Department of Health & Human Services (DHHS) will notify applicants and the general public of intent to award 2018-2019 Nebraska Homeless Assistance Program (NHAP) funding by June 29, 2018. NHAP funding is a combination of Emergency Solutions Grant (ESG) funds awarded to DHHS by the U.S. Department of Housing and Urban Development (HUD) and funds received through the Nebraska Homeless Shelter Assistance Trust Fund.

This Notice of Intent to Award NHAP funds is subject to the execution of a written subaward. The subrecipients shall not acquire any legal or equitable rights relative to the funding until a subaward containing terms and conditions acceptable to DHHS is executed. If the intended subrecipient fails to negotiate and execute a subaward with DHHS, the intended award may be revoked and the funding reallocated. DHHS further reserves the right to cancel this Notice of Intent to Award at any time prior to the execution of a written subaward. The awards are subject to the receipt by DHHS of an ESG grant award from HUD for the HUD-announced amount and receipt of the projected amount of HSATF funding.

Nebraska Department of Health and Human Services reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified sources, or to cancel in part or in its entirety this Request for Applications. This Request for Applications does not commit the Nebraska Department of Health and Human Services to award funding, to pay costs incurred for the preparation of proposals, or to procure or subaward funds for services.

2018-19 NHAP Application Process Timeline and Description

Date Action Responsible Party

January 05, 2018Online posting of the RFA and application via the NHAP website. Notification of the posting will be emailed to the Continuum of Care network.

NHAP

February 8, 2018 Deadline to submit questions to NHAP for public posting Applicant

February 16, 2018 Applications submitted to NHAP by 5:00 p.m. CST Applicant

April 2018 Application review process. NHAP

May 2018 Finalize award process. NHAP

By June 29, 2018 Intent to Award notification, contingent upon funding, posted to NHAP website. NHAP

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SUBAWARD – NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICESGENERAL TERMS AND ASSURANCES

A. ACCESS TO RECORDS AND AUDIT RESPONSIBILITIES .

1. All Subrecipient books, records, and documents regardless of physical form, including data maintained in computer files or on magnetic, optical or other media, relating to work performed or monies received under this subaward shall be subject to audit at any reasonable time upon the provision of reasonable notice by DHHS. Subrecipient shall maintain all records for three (3) years from the date of final payment, except records that fall under the provisions of the Health Insurance Portability and Accountability Act (HIPAA) shall be maintained for six (6) full years from the date of final payment. In addition to the foregoing retention periods, all records shall be maintained until all issues related to an audit, litigation or other action are resolved to the satisfaction of DHHS. The Subrecipient shall maintain its accounting records in accordance with generally accepted accounting principles. DHHS reserves and hereby exercises the right to require Subrecipient to submit required financial reports on the accrual basis of accounting. If Subrecipient’s records are not normally kept on the accrual basis, Subrecipient is not required to convert its accounting system but shall develop and submit in a timely manner such accrual information through an analysis of the documentation on hand (such as accounts payable).

2. Subrecipient shall provide DHHS any and all written communications received by Subrecipient from an auditor related to Subrecipient’s internal control over financial reporting requirements and communication with those charged with governance including those in compliance with or related to Statement of Auditing Standards (SAS) 122. The Subrecipient agrees to provide DHHS with a copy of all such written communications immediately upon receipt or instruct any auditor it employs to deliver copies of such written communications to DHHS at the same time copies are delivered to Subrecipient, in which case Subrecipient agrees to verify that DHHS has received a copy.

3. Subrecipient shall immediately commence follow-up action on findings arising from audits or other forms of review. Follow-up action includes responding to those conducting such examinations with clear, complete views concerning the accuracy and appropriateness of the findings. If the finding is accepted, corrective action, such as repaying disallowed costs, making financial adjustments, or taking other actions should proceed and be completed as rapidly as possible. If the subrecipient disagrees, it should provide an explanation and specific reasons that demonstrate that the finding is not valid.

4. In addition to, and in no way in limitation of any obligation in this subaward, Subrecipient shall be liable for audit exceptions, and shall return to DHHS all payments made under this subaward for which an exception has been taken or which has been disallowed because of such an exception, upon demand from DHHS.

B. ACKNOWLEDGEMENT OF FUNDING.

1. As required by United States Department of Health and Human Services (hereinafter “HHS”) appropriations acts, all HHS recipients and DHHS Subrecipients of HHS federal awards must acknowledge federal and DHHS funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal and DHHS funds. If the subaward utilizes funds from HHS, Subrecipient is required to state: (1) the percentage and dollar amounts of the total program or project costs financed with federal and DHHS funds; and (2) the percentage and dollar amount of the total costs financed by nongovernmental sources.

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2. For all publications that result from work under this subaward not included in (1), above, and for any publications supported by a federal agency other than HHS, Subrecipient shall acknowledge the project was supported by the CFDA, name of award, federal agency and DHHS.

C. ANTI-DISCRIMINATION . The Subrecipient shall comply with all applicable local, state and federal statutes and regulations regarding civil rights and equal opportunity employment, including but not limited to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000d et seq.; the Rehabilitation Act of 1973, 29 U.S.C. §§ 794 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; the Age Discrimination in Employment Act, 29 U.S.C. § 621 and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. §§ 48-1101 to 48-1125. Violation of said statutes and regulations will constitute a material breach of this subaward. The Subrecipient shall insert a similar provision into all subawards and subcontracts.

D. ASSIGNMENT . The Subrecipient shall not assign or transfer any interest, rights, or duties under this subaward to any person, firm, or corporation without prior written consent of DHHS. In the absence of such written consent, any assignment or attempt to assign shall constitute a breach of this subaward.

E. ASSURANCE . If DHHS, in good faith, has reason to believe that Subrecipient does not intend to, is unable to, has refused to, or discontinues performing material obligations under this subaward, DHHS may demand in writing that Subrecipient give a written assurance of intent to perform. Failure by Subrecipient to provide written assurance within the number of days specified in the demand may, at DHHS’s option, be the basis for terminating this subaward.

F. CLEAN AIR ACT . If the value of this subaward exceeds $150,000, Subrecipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251 et seq.).

G. COMPLIANCE WITH LAW . The Subrecipient shall comply with all applicable law, including but not limited to all applicable federal, state, county and municipal laws, ordinances, rules, and regulations.

H. CONFIDENTIALITY . Any and all confidential or proprietary information gathered in the performance of this subaward, either independently or through DHHS, shall be held in the strictest confidence and shall be released to no one other than DHHS without the prior written authorization of DHHS, provided that contrary subaward provisions set forth herein shall be deemed to be authorized exceptions to this general confidentiality provision.

I. CONFLICTS OF INTEREST . In the performance of this subaward, Subrecipient shall avoid all conflicts of interest and all appearances of conflicts of interest. Subrecipient shall not acquire an interest either directly or indirectly which will conflict in any manner or degree with performance and shall immediately notify DHHS in writing of any such instances encountered.

J. DATA OWNERSHIP AND COPYRIGHT .

1. Except as otherwise provided in the Federal Notice of Award, DHHS shall own the rights in data resulting from this project or program. As consistent with federal law, Subrecipient may copyright any of the copyrightable material and may patent any of the patentable products produced in conjunction with the performance required under this subaward without written consent from DHHS.

2. DHHS and any federal granting authority hereby reserve a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the copyrightable material for federal or state government purposes. This provision shall survive

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termination of this subaward.

K. DEBARMENT, SUSPENSION OR DECLARED INELIGIBLE . The Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any state or federal department or agency. The Subrecipient certifies that it is registered with the System of Award Management (SAM) (https://www.sam.gov), in good standing, and that the entity will maintain annual certification in accordance with Federal Acquisition Regulations. Failure to comply with this section, including maintaining an active registration and/or good standing with SAM, may result in withholding of payments or immediate termination of the subaward.

L. DOCUMENTS INCORPORATED BY REFERENCE . All references in this subaward to laws, rules, regulations, guidelines, directives, and attachments which set forth standards and procedures to be followed by Subrecipient in discharging its obligations under this subaward shall be deemed incorporated by reference and made a part of this subaward with the same force and effect as if set forth in full text, herein.

M. DRUG-FREE WORKPLACE .

1. If Subrecipient is not an individual under 41 U.S.C. § 8101 et seq., Subrecipient agrees, in accordance with 41 USC §8101 et seq., to maintain a drug-free workplace by: (1) publishing a drug-free workplace statement; (2) establishing a drug-free awareness program; (3) notifying employees as consistent with 41 U.S.C. § 8103(a)(1)(c) and (d); (4) by taking actions concerning employees who are convicted of violating drug statutes in the workplace; (5) notifying DHHS within 10 days after receiving notice of an employee drug conviction: (6) Imposing sanctions against employees as required by 41 U.S.C. § 8104; and (7) in accordance with 2 CFR §182.230, identify all workplaces under its federal awards.

2. As per 42 U.S.C. § 8103, if Subrecipient is an individual, Subrecipient agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in conducting activity with the subaward.

N. FEDERAL FINANCIAL ASSISTANCE . The Subrecipient shall comply with all applicable provisions of 45 C.F.R. §§ 87.1-87.2. The Subrecipient certifies that it shall not use direct federal financial assistance to engage in inherently religious activities, such as worship, religious instruction, and/or proselytization.

O. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT REPORTING. The Subrecipient shall complete and endorse Subrecipient Information & Audit Requirement Certification, Attachment 1. The Subrecipient certifies the information provided is complete, true, and accurate.

P. FORCE MAJEURE . Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under this subaward due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of this subaward. The party so affected shall immediately give notice to the other party of the Force Majeure Event. Upon such notice, all obligations of the affected party under this subaward which are reasonably related to the Force Majeure Event shall be suspended, and the affected party shall do everything reasonably necessary to resume performance as soon as possible. Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event and will not suspend performance requirements under this subaward.

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https://www.sam.gov/

Q. FRAUD OR MALFEASANCE . DHHS may immediately terminate this subaward for fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the subaward by Subrecipient, its employees, officers, directors, volunteers, shareholders, or subcontractors.

R. FUNDING AVAILABILITY . DHHS may terminate the subaward, in whole or in part, in the event funding is no longer available. Should funds not be appropriated, DHHS may terminate the award with respect to those payments for the fiscal years for which such funds are not appropriated. DHHS shall give Subrecipient written notice thirty (30) days prior to the effective date of any termination. The Subrecipient shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. In no event, shall Subrecipient be paid for a loss of anticipated profit.

S. GRANT CLOSE-OUT. Upon completion or notice of termination of this grant, the following procedures shall apply for close-out of the subaward:

1. The Subrecipient shall not incur new obligations after the termination or completion of the subaward, and shall cancel as many outstanding obligations as possible. DHHS shall give full credit to Subrecipient for the federal share of non-cancelable obligations properly incurred by Subrecipient prior to termination, and costs incurred on, or prior to, the termination or completion date.

2. Subrecipient shall immediately return to DHHS any unobligated balance of cash advanced or shall manage such balance in accordance with DHHS instructions.

3. Within a maximum of 90 days following the date of expiration or completion, Subrecipient shall submit all financial, performance, and related reports required by Subrecipient Reporting Requirements. DHHS reserves the right to extend the due date for any report and may waive, in writing, any report it considers to be unnecessary.

4. DHHS shall make any necessary adjustments upward or downward in the federal share of costs.

5. The Subrecipient shall assist and cooperate in the orderly transition and transfer of subaward activities and operations with the objective of preventing disruption of services.

6. Close-out of this subaward shall not affect the retention period for, or state or federal rights of access to, Subrecipient records, or Subrecipient’s responsibilities regarding property or with respect to any program income for which Subrecipient is still accountable under this subaward. If no final audit is conducted prior to close-out, DHHS reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted at a later time.

U. GOVERNING LAW . The award shall be governed in all respects by the laws and statutes of the United States and the State of Nebraska. Any legal proceedings against DHHS or the State of Nebraska regarding this award shall be brought in Nebraska administrative or judicial forums as defined by Nebraska State law.

V. HOLD HARMLESS .

1. The Subrecipient shall defend, indemnify, hold, and save harmless DHHS and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against

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DHHS, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of Subrecipient, its employees, consultants, representatives, and agents, except to the extent such Subrecipient’s liability is attenuated by any action of DHHS that directly and proximately contributed to the claims.

2. DHHS’ liability is limited to the extent provided by the Nebraska Tort Claims Act, the Nebraska Contract Claims Act, the Nebraska Miscellaneous Claims Act, and any other applicable provisions of law. DHHS does not assume liability for the action of its subrecipients.

W. HUMAN TRAFFICKING PROVISIONS. Subrecipient shall comply and be subject to the requirements of Section 106(g) of the “Trafficking Victims Protection Act of 2000” (22 USC § 7104). The full text of this requirement is found at: http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons

X. INDEPENDENT ENTITY . Subrecipient is an Independent Entity and neither it nor any of its employees shall, for any purpose, be deemed employees of DHHS. The Subrecipient shall employ and direct such personnel, as it requires, to perform its obligations under this subaward, exercise full authority over its personnel, and comply with all workers’ compensation, employer’s liability and other federal, state, county, and municipal laws, ordinances, rules and regulations required of an employer providing services as contemplated by this subaward.

Y. INTEGRATION . This written subaward represents the entire agreement between the parties, and any prior or contemporaneous representations, promises, or statements by the parties, that are not incorporated herein, shall not serve to vary or contradict the terms set forth in this subaward.

Z. LOBBYING .

a. Subrecipient certifies that no Federal appropriated funds shall be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this award for: (a) the awarding of any Federal agreement; (b) the making of any Federal grant; (c) the entering into of any cooperative agreement; and (d) the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement.

b. If any funds, other than Federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence: an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this subaward, Subrecipient shall complete and submit Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

AA. MANDATORY DISCLOSURES. The Subrecipient must disclose to DHHS, in a timely manner and in writing, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting this subaward in accordance with 2 CFR § 200.113 and 45 CFR § 75.113, as applicable. Failure to make required disclosures can result in any of the remedies described in 2 CFR § 200.338 and 45 CFR § 75.371, as applicable, including suspension or debarment. (See also 2 CFR § 180 et seq. and 31 U.S.C. § 3321).

BB. NEBRASKA NONRESIDENT INCOME TAX WITHHOLDING. Subrecipient acknowledges that Nebraska law requires DHHS to withhold Nebraska income tax if payments for personal services are made in excess of six hundred dollars ($600) to any Subrecipient who is not domiciled in Nebraska or

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http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons

http://www.acf.hhs.gov/grants/award-term-and-condition-for-trafficking-in-persons

has not maintained a permanent place of business or residence in Nebraska for a period of at least six months. This provision applies to: individuals; to a corporation, if 80% or more of the voting stock of the corporation is held by the shareholders who are performing personal services, and to a partnership or limited liability company, if 80% or more of the capital interest or profits interest of the partnership or limited liability company is held by the partners or members who are performing personal services.

The parties agree, when applicable, to properly complete the Nebraska Department of Revenue Nebraska Withholding Certificate for Nonresident Individuals Form W-4NA or its successor. The form is available at: http://www.revenue.ne.gov/tax/current/fill-in/f_w-4na.pdf

CC. NEBRASKA TECHNOLOGY ACCESS STANDARDS . The Subrecipient shall review the Nebraska Technology Access Standards, found at http://www.nitc.nebraska.gov/standards/2-201.html and ensure that products and/or services provided under the subaward comply with the applicable standards. In the event such standards change during Subrecipient’s performance, DHHS may create an amendment to the subaward to request that Subrecipient comply with the changed standard at a cost mutually acceptable to the parties.

DD. NEW EMPLOYEE WORK ELIGIBILITY STATUS . The Subrecipient shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. § 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

If Subrecipient is an individual or sole proprietorship, the following applies:

1. The Subrecipient must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us.

2. If Subrecipient indicates on such attestation form that he or she is a qualified alien, Subrecipient agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify Subrecipient’s lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Subrecipient understands and agrees that lawful presence in the United States is required and Subrecipient may be disqualified or the subaward terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. § 4-108.

EE. NOTICE OF STATE-DESIGNATED CLUSTER OF PROGRAMS . Pursuant to 2 CFR § 200.331, this provision provides notice that DHHS has designated the Public Health Emergency Preparedness /Hospital Preparedness Program grants (CFDAs 93.069 & 93.889, under 93.074) as a Cluster of programs (see 2 CFR § 200.17). For auditing purposes, and as set forth in 2 CFR § 200.518, a Cluster of programs must be considered as one program for Major program determinations.

FF. PAYMENT OF COSTS AND AUDIT REQUIREMENTS .

1. All payments made under this subaward must be consistent with 2 CFR § 200 et seq. and any other regulations for the federal funding source, as applicable, including but not limited to 45 CFR § 75 et seq. and 45 CFR § 95 et seq. Subrecipient shall ensure all costs requested under this subaward are actual, and meet all federal allowability, allocability, and reasonableness

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http://www.das.state.ne.us/

http://www.nitc.nebraska.gov/standards/2-201.html

http://www.revenue.ne.gov/tax/current/fill-in/f_w-4na.pdf

requirements for the funds involved, including but not limited to all requirements for allowability under 2 CFR §§ 200.400 through 475 and 45 CFR §§ 75.400 through 477.

2. Subrecipient shall follow all federal audit requirements, including but not limited to those in 2 CFR § 200 Subpart F (See table below and Attachment 1, Audit Requirement Certification.) Audits must be prepared and issued by an independent certified public accountant licensed to practice. A copy of the annual or audit is to be made electronically available or sent to: Nebraska Department of Health and Human Services, Financial Services, P.O. Box 95026, Lincoln, NE 68509-5026.

Amount of annual federal expenditure Audit Type

$100,000 to $749,999 Financial Statement Audit $750,000 or more in federal expenditures Single Audit

GG. PROGRAMMATIC CHANGES . The Subrecipient shall request in writing to DHHS for approval of programmatic changes. DHHS shall approve or disapprove in whole or in part in writing within thirty (30) days of receipt of such request.

HH. PROMPT PAYMENT . Payment shall be made in conjunction with the State of Nebraska Prompt Payment Act, Neb. Rev. Stat. §§ 81-2401 through 81-2408. Unless otherwise provided herein, payment shall be made by electronic means.

a. Automated Clearing House (ACH) Enrollment Form Requirements for Payment. The Subrecipient shall complete and sign the State of Nebraska ACH Enrollment Form and obtain the necessary information and signatures from their financial institution. The completed form must be submitted before payments to Subrecipient can be made. Download ACH Form: http://www.das.state.ne.us/accounting/nis/address_book_info.htm

II. PUBLIC COUNSEL . In the event Subrecipient provides health and human services to individuals on behalf of DHHS under the terms of this award, Subrecipient shall submit to the jurisdiction of the Public Counsel under Neb. Rev. Stat. §§ 81-8,240 through 81-8,254 with respect to the provision of services under this subaward. This clause shall not apply to subawards between DHHS and long-term care facilities subject to the jurisdiction of the state long-term care ombudsman pursuant to the Long-Term Care Ombudsman Act.

JJ. REMEDIES FOR NON-COMPLIANCE. As consistent with applicable law, DHHS may, if Subrecipient fails to comply with federal statutes, regulations, or the terms and conditions of the subaward:

1. Impose any of the specific conditions listed in 45 CFR § 75.207 or 2 CFR § 200.207, as applicable;

2. Temporarily withhold any payments pending the correction of the deficiency by Subrecipient;3. Disallow all or part of the cost of the activity or action not in compliance;4. Wholly or partly suspend or terminate this subaward;5. Recommend suspension or debarment proceedings be initiated by the federal funding agency;

and6. Take any other remedies that may be legally available.

If DHHS imposes items 3, 4, or 6, above, DHHS may withhold future payments or seek repayment to recoup costs paid by DHHS.

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http://www.das.state.ne.us/accounting/nis/address_book_info.htm

For any of the above actions, DHHS may, in its sole discretion and considering the gravity and nature of the noncompliance, allow Subrecipient to correct a failure or breach of subaward within a period of thirty (30) days or longer (“cure period”). If DHHS provides a cure period, it shall provide notice, which shall be delivered by Certified Mail, Return Receipt Requested, or in-person with proof of delivery. Allowing Subrecipient a cure period to correct a failure to comply does not waive DHHS’ right to take other action listed above for the same or different failure to comply that may occur at a different time.

Nothing in this provision shall preclude the pursuit of other remedies as allowed by law.

KK. RESEARCH . The Subrecipient shall not engage in research utilizing the information obtained through the performance of this subaward without the express written consent of DHHS. The term "research" shall mean the investigation, analysis, or review of information, other than aggregate statistical information, which is used for purposes unconnected with this subaward.

LL. SEVERABILITY . If any term or condition of this subaward is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this subaward did not contain the particular provision held to be invalid.

MM. SMOKE FREE. Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children’s services that are provided in indoor facilities that are constructed, operated, or maintained with such federal funds. The law does not apply to children’s services provided in private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of applicable Federal funds in Medicare or Medicaid; or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing, Subrecipient certifies that Subrecipient will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act.

NN. SUBRECIPIENTS OR SUBCONTRACTORS . The Subrecipient shall not subaward or subcontract any portion of this award without prior written consent of DHHS. In subcontracting or subawarding any portions of this subaward, Subrecipient shall follow 2 CFR § 200.300 through 200.345, and 45 CFR § 75.300 through § 75.345, as applicable. The Subrecipient shall ensure that all subcontractors and subrecipients comply with all requirements of this subaward and applicable federal, state, county and municipal laws, ordinances, rules, and regulations.

OO. SURVIVAL . All provisions hereof that by their nature are to be performed or complied with following the expiration or termination of this subaward, including but not limited to those clauses that specifically state survival, survive the expiration or termination of this subaward.

PP. TIME IS OF THE ESSENCE . Time is of the essence in this subaward. The acceptance of late performance with or without objection or reservation by DHHS shall not waive any rights of DHHS nor constitute a waiver of the requirement of timely performance of any obligations on the part of Subrecipient remaining.

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QQ. WHISTLEBLOWER PROTECTIONS . The Subrecipient shall comply with the provisions of 41 U.S.C. § 4712, which states an employee of a contractor, subcontractor, grantee, or subrecipient may not be discharged, demoted or otherwise discriminated against as a reprisal for “whistleblowing.” In addition, whistleblower protections cannot be waived by any agreement, policy, form, or condition of employment.

1. The Subrecipient’s employees are encouraged to report fraud, waste, and abuse. The Subrecipient shall inform their employees in writing they are subject to federal whistleblower rights and remedies. This notification must be in the predominant native language of the workforce.

2. The Subrecipient shall include this requirement in any agreement made with a subcontractor or subrecipient.

ADDENDUM - SPECIFIC TERMS AND ASSURANCES APPLICABLE TO SUBAWARDS FROM FUNDS PROVIDED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

The following terms and assurances are hereby incorporated into the subaward between the DHHS and the Subrecipient. Where noted, these specific terms in this attachment hereby supersede the terms contained in Article IV, General Terms and Assurances, contained in the subaward.All terms, unless specifically defined herein, have the same meanings as set forth in the subaward.

Article IV, Paragraph A – ACCESS TO RECORDS AND AUDIT RESPONSIBILITIES, is hereby amended to read:T. ACCESS TO RECORDS AND AUDIT RESPONSIBILITIES .

5. All Subrecipient books, records, and documents regardless of physical form, including data maintained in computer files or on magnetic, optical or other media, relating to work performed or monies received under this subaward shall be subject to audit at any reasonable time upon the provision of reasonable notice by DHHS and/or the Federal Awarding authority. Subrecipient shall maintain all records for five (5) years from the date of final payment, except records that fall under the provisions of the Health Insurance Portability and Accountability Act (HIPAA) shall be maintained for six (6) full years from the date of final payment. In addition to the foregoing retention periods, all records shall be maintained until all issues related to an audit, litigation or other action are resolved to the satisfaction of DHHS. The Subrecipient shall maintain its accounting records in accordance with generally accepted accounting principles. DHHS reserves and hereby exercises the right to require the Subrecipient to submit required financial reports on the accrual basis of accounting. If the Subrecipient’s records are not normally kept on the accrual basis, the Subrecipient is not required to convert its accounting system but shall develop and submit in a timely manner such accrual information through an analysis of the documentation on hand (such as accounts payable).

6. The Subrecipient shall provide DHHS any and all written communications received by the Subrecipient from an auditor related to Subrecipient’s internal control over financial reporting requirements and communication with those charged with governance including those in compliance with or related to Statement of Auditing Standards (SAS) 122. The Subrecipient agrees to provide DHHS with a copy of all such written communications immediately upon receipt or instruct any auditor it employs to deliver copies of such written communications to DHHS at the same time copies are delivered to the Subrecipient, in which case the Subrecipient agrees to verify that DHHS has received a copy.

7. The subrecipient shall immediately commence follow-up action on findings arising from audits or other forms of review. Follow-up action includes responding to those conducting such examinations with clear, complete views concerning the accuracy and appropriateness of the findings. If the finding is accepted, corrective action, such as repaying disallowed costs, making financial adjustments, or taking other actions should proceed and be completed as rapidly as possible. If the subrecipient disagrees, it should provide an explanation and specific reasons that

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demonstrate that the finding is not valid.

8. In addition to, and in no way in limitation of any obligation in this subaward, the Subrecipient shall be liable for audit exceptions, and shall return to DHHS all payments made under this subaward for which an exception has been taken or which has been disallowed because of such an exception, upon demand from DHHS.

9. Financial records.a. The subrecipient shall keep documentation showing that NHAP grant funds were spent on

allowable costs in accordance with the requirements for eligible activities under § 576.101-§ 576.109 and the cost principles in OMB Circulars A-87 (2 CFR § 225) and A-122 (2 CFR § 230).

b. The subrecipient must retain records of the receipt and use of program income.

10. Subrecipients and contractors.The subrecipient must retain copies of all procurement contracts and documentation of compliance with the procurement requirements in 24 CFR § 200.

11. Period of record retention.a. All records pertaining to each fiscal year of NHAP funds must be retained for the greater of 5

years or the period specified below. Copies made by microfilming, photocopying, or similar methods may be substituted for the original records.

b. Documentation of each program participant’s qualification as a family or individual at risk of homelessness or as a homeless family or individual and other program participant records must be retained for 5 years after the expenditure of all funds from the grant under which the program participant was served.

c. Where NHAP funds are used for the renovation of an emergency shelter involves costs charged to the ESG grant that exceed 75 percent of the value of the building before renovation, records must be retained until 10 years after the date that ESG funds are first obligated for the renovation; and

d. Where NHAP funds are used to convert building into an emergency shelter and the costs charted to the ESG grant for the conversion exceed 75 percent of the value of the building after conversion, records must be retained until 10 years after the date that ESG funds are first obligated for the conversion

12. Access to records.a. Federal government rights. Notwithstanding the confidentiality procedures established under

paragraph (w) of this section, HUD, the HUD Office of the Inspector General, and the Comptroller General of the United States, or any of their authorized representatives, must have the right of access to all books, documents, papers, or other records of the recipient and its subrecipients that are pertinent to the ESG grant, in order to make audits, examinations, excerpts, and transcripts. These rights of access are not limited to the required retention period but last as long as the records are retained.

b. Public rights. The recipient must provide citizens, public agencies, and other interested parties with reasonable access (consistent with state and local laws regarding privacy and obligations of confidentiality and the confidentiality requirements in this part) to records regarding any uses of ESG funds the recipient received during the preceding 5 years.

Article IV, Paragraph I - CONFIDENTIALITY, is hereby amended to read:I. CONFIDENTIALITY . Any and all confidential or proprietary information gathered in the

performance of this subaward, either independently or through DHHS, shall be held in the strictest confidence and shall be released to no one other than DHHS and/or the Federal awarding authority without the prior written authorization of DHHS, provided that contrary subaward provisions set forth herein shall be deemed to be authorized exceptions to this general confidentiality provision.

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Furthermore, the subrecipient shall develop and implement written procedures to ensure:1. All records containing personally identifying information (as defined in HUD’s standards for

participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives NHAP assistance will be kept secure and confidential;

2. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the NHAP shall not be made public, except with written authorization of the person responsible for the operation of the shelter; and

3. The address or location of any housing of a program participant shall not be made public, except as provided under a preexisting privacy policy of the recipient or subrecipient and consistent with state and local laws regarding privacy and obligations of confidentiality.

4. The confidentiality procedures of the subrecipient shall be in writing and must be maintained in accordance with this section.

Article IV, Paragraph O – FEDERAL FINANCIAL ASSISTANCE, is hereby amended to read:O. FAITH-BASED ACTIVITIES .

The Subrecipient shall document their compliance with the following faith-based activities requirements found in 24 CFR § 576.406.1. Organizations that are religious or faith-based are eligible, on the same basis as any other

organization, to receive NHAP funds. Neither the Federal Government nor a State or local government receiving funds under NHAP shall discriminate against an organization on the basis of the organization’s religious character or affiliation.

2. Organizations that are directly funded under the NHAP program may not engage in inherently religious activities, such as worship, religious instruction, or proselytization as part of the programs or services funded under NHAP. If an organization conducts these activities, the activities must be offered separately, in time or location, from the programs or services funded under NHAP, and the participation must be voluntary for program participants.

3. Any religious organization that receives NHAP funds retains its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that the religious organization does not use direct NHAP funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based organizations may use space in their facilities to provide NHAP-funded services, without removing religious art, icons, scriptures, or other religious symbols. In addition, an NHAP-funded religious organization retains its authority over its internal governance, and the organization may retain religious terms in its organization’s name, select its board members on a religious basis, and include religious references in its organization’s mission statements and other governing documents.

4. An organization that receives NHAP funds shall not, in providing NHAP assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief.

5. NHAP funds may not be used for the rehabilitation of structures to the extent that those structures are used for inherently religious activities. NHAP funds may be used for the rehabilitation of structures only to the extent that those structures are used for conducting eligible activities under the NHAP program. Where a structure is used for both eligible and inherently religious activities, NHAP funds may not exceed the cost of those portions of the rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to NHAP funds. Sanctuaries, chapels, or other rooms that an NHAP-funded religious congregation uses as its principal place of worship, however, are ineligible for funded improvements under the program. Disposition of real property after the term of the grant or any change in use of the property during the term of the gran, is subject to government-wide regulations governing real property disposition (see 2 CFR § 200).

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6. If the recipient or a subrecipient that is a local government voluntarily contributes its own funds to supplement federally funded activities, the recipient or subrecipient has the option to segregate the Federal funds or commingle them. However, if the funds are commingled, this section applies to all of the commingled funds.

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