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Home My WebLink About2005-207 1 o 2004 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the Unite J States Department of Housing and Urban Development ( HUD ) an Indian River County Board of County Commissioners , 1840 25t" Stre t , Vero Beach , FL, telephone number ( 772 ) 567 - 8000 extension 1z 67 , the Recipient , whose Tax ID number is 59 = 6000674 , for Project Number FL29113409003 / Project Identifier Number FL 13168 to be located at . 7204 th Street , Indian River County , Florida . The assistance which is the subject of this Grant Agreement is authorized by the McKinney - Vento Homeless Assistance Act 42 U . S . C . 11381 ( hereafter " the Act ") . The term " grant " or " grant funds ' means the assistance provided under this Agreement . This grant ag eement will be governed by the Act , the Supportive Housing rule codifi d at 24 CFR 583 , which is attached hereto and made a part hereof as Attachment A , and the Notice of Funding Availability ( NOFA ) published May 14, 2004 at 69 FR 26942 and 27497 . The term " Application " means the original and renewal . application submissions on the basis of which a Grant was approved by HUD , including the certifications and assurances and any information or documentation required to meet any grant award conditions . The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein , this Renewal Grant Agreement shall control . The Secretary agrees subject to the terms of the Grant Agreement , to provide the grant funds in the amount specified below for the approved project described in the Application . Although this agreement will become effective only upon the execution hereof by both parties , upon execution , the term of this agreement shall run from the end of the Recipient ' s final operating year under the original Grant Agreement for a period of one ( ) year . Eligible costs , as defined by the Act and Attachment A , incurred between the end of Recipient ' s final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant . HUD ' s total fund obligation for this project is $ 24 , 581 . 00 allocated as follows . 1 . Grant for Operating $ 2 . Grant for Supportive Services $ 24, 581 . 00 3 . Grant for Leasing $ 4 . HMIS $ 5 . Grant for Administration $ The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD 's FY 2004 Appropriations Act . The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available . The Recipient agrees to participate in a local Homeless Management Information System ( HMIS ) when implemented . The Recipient and project sponsor, if any , will not knowingly allow illegal activities in any unit assisted with grant funds . HUD notifications to the Recipient shall be to the address of the Recipient as written above , unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement . No right, benefit , or advantage of the Recipient hereunder be assigned without prior written approval of HUD . For any project funded by this grant which is also financed through the use of the Low Income Housing Tax Credit , the following applies . HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit . The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose . If grant funds were used for acquisition , rehabilitation or construction , then , throughout a period of twenty years from the date of initial occupancy or the initial service provision , the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the 4 requirements of this Grant Agreement , the applicable regulations and statutes . Further, the said limited partnership shall own the project site throughout that twenty - year period . If grant funds were not used for acquisition , rehabilitation or new construction , then the period shall not be twenty years , but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall conStitLite a default under the Grant Agreement . A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement , failure in the Recipient ' s duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A , noncompliance with the Act or Attachment A provisions , any other material breach of the Grant Agreement , or misrepresentations in the application submissions which , if known by HUD , would have resulted in this grant not being provided . Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond , HUD may take one or more of the following actions : ( a ) direct the Recipient to submit progress schedules for completing approved activities ; or ( b ) issue a letter of warning advising the Recipient of the default , establishing a date by which corrective actions must be completed and putting the Recipient on notice that more, serious actions will be taken if the default is not corrected or is repeated ; or ( c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions , or ( d ) direct the Recipient to suspend , discontinue or riot incur costs for the affected activity ; or ( e ) reduce or recapture the grant ; or ( f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program , or ( g ) continue the grant with a substitute recipient of HUD ' s choosing ; or ( h ) other appropriate action including , but not limited to , any remedial action legally available , such as affirmative litigation seeking declaratory judgment , specific performance , damages , temporary or permanent injunctions and any other available remedies . No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default . For each operating year in which funding is received , the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement . This Grant Agreement constitutes the entire agreement between the parties hereto , and may be amended only in writing executed by HUD and the Recipient . More specifically , the Recipient shall not change recipients , location , services , or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change , without the prior written approval of HUD . V4 SIGNATURES This Grant Agreement is hereby executed as follows . UNITED STATES OF AMERICA Secretary of Housing and Urban Development By : Signatur and Date Gary A . Causey Typed name of signatory Director , Community Planning & Development Divison Title RECIPIENT Indian River County Board of County Commissioners Name of Organization By : Si June 14 2005 Authorized Signature and Date Thomas S . Lowther Typed name of signatory Chairman Title Joyce Johnston Carlson - 772 - 226 - 1467 - 772 - 978 - 1798 Official Contact Person and Telephone No . and Fax No . PROVED : A - A A I Cty Administrator u AP OV D AS TO FORM AIV4 UF F CY RI N Ej71 TANT COUN N