HomeMy WebLinkAbout2004-161 Grant No . : FL29C309002 o 7 "/
Project Identification Number (PIN) : FL13110
Official Contact Person : Louise Hubbard
Telephone & FAX No . : Phone 772 . 567 . 7790 Fax 772 . 567 . 5991
Email Address : irhsclhAaol . com
Tax ID No . : 59 -60000674
Project Location : Indian River County
2003 SHELTER PLUS CARE AGREEMENT
This Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and the Indian River County Board of
County Commissioners (the 'Recipient") .
This Agreement will be governed by Subtitle F of Title IV of the
McKinney-Vento Homeless Assistance Act 42 U . S . C . 11301 et seg . (the Act) ; the
HUD Shelter Plus Care Program final rule codified at 24 CFR 582 , as amended
on September 30 , 2003 at 68 FR 56396 ("the Rule") and the Notice of Fund
Availability (NOFA) , published on April 25 , 2003 at 68 FR 21581 . The terms
" Grant" or " Grant Funds" mean the funds for rental assistance that , except for
funds for Section 8 moderate rehabilitation for single room occupancy dwellings
for homeless individuals ( " SRO " ) , are provided under this Agreement . The term
"Application" means , the document submitted on the basis of which this Grant
was approved by HUD ; including its certifications , assurances , and any
information or documentation required to meet any grant award conditions
identified . The Application is incorporated herein as part of this Agreement ;
however , in the event of any conflict between the Application and any provision
contained herein , this Shelter Plus Care Agreement shall control .
The following are attached hereto and made a part hereof.
Exhibit 1 - The Shelter Plus Care Program Rule , as amended
Exhibit 2 - Articles pertinent to Tenant-based Rental Assistance
HUD notifications to the Recipient shall be to the address of the
Recipient as stated in the Application , unless HUD is otherwise advised in
writing . Recipient notifications to HUD shall be to the HUD Field Office
executing the Agreement .
Recipient agrees to conduct an ongoing assessment of the rental
assistance and supportive services required by the participants in the program ;
to assure the adequate provisions of supportive services to the participants in
the program ; to be responsible for overall administration of this grant , including
overseeing any subrecipients , contractors and subcontractors ; and to comply
with such other terms and conditions , including record keeping and reports
(which must include racial and ethnic data on participants for program
monitoring and evaluation purposes) , as the Secretary may establish for
purposes of carrying out the program in an effective and efficient manner .
Z
A default shall consist of any use of Grant Funds for a purpose other
than as authorized by this Agreement , noncompliance with the Act, Rule , any
material breach of the Agreement , failure to expend Grant Funds in a timely
manner , or misrepresentations in the Application submissions , which , if known
by HUD , would have resulted in a 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 ;
(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 ;
(c) direct Recipient to establish and maintain a management plan
that assigns responsibility for carrying out remedial actions ;
(d) direct the Recipient to suspend , discontinue or not incur costs for
the affected activity;
(e) reduce or recapture the grant;
(fl direct the Recipient to reimburse the program accounts for costs
inappropriately charged to the program;
(g) continue the Grant with a substitute Recipient selected by HUD ;
(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 omissions by HUD in exercising any right or remedy available
to it under the Agreement shall impair any such right or remedy or constitute a
waiver or acquiescence in any Recipient default .
This Agreement constitutes the entire agreement between the parties
hereto , and may be amended only in writing executed by HUD and the
Recipient. More specifically, Recipient shall not change sponsor or population
to be served, or make any other change inconsistent with the Application ,
without the prior approval of HUD . No change may be made to the project( s)
nor any right, benefit, or advantage of the Recipient or Sponsor hereunder be
assigned without prior written approval of HUD . The effective date of the
Agreement shall be the date of execution by HUD . HUD will recapture
unobligated balances at the end of the grant period .
By signing below, Recipients which are states and units of local
government certify that they are following a current HUD approved CHAS
(Consolidated Plan) .
This agreement is hereby executed on behalf of the parties as follows :
UNITED STATES OF AMERICA,
Secretary of H using and U Development
BY:
( Signature)
Director , Community Planning and Development Division
(Title) Jacksonville Field Office , Jacksonville , Florida
(Date)
RECIPIENT
Indian River County Board of County Commissioners
(Name of Organization)
BY: r.
( Signature of Autho ' ed Official)
Chairman
(Title)
July 13 , 2004
(Date)
PROVED .
my Ad inistretor
A
r
- NE . F
94
"V ATTORNEY