HomeMy WebLinkAbout2009-145D (2) Grant No. FL0119C4H090801
Number of Units: 13-one (1) bedroom
Renewal Effective Date Renewal Expiration Date:
Official Contact Person Louise Hubbard
Telephone No. (772) 567-7790 Extension: 104
Fax No. (772) 567-5991
Email Address irhsclh@aol.com
Tax ID No. 59-6000674
Page 1 of 3
2008 SHELTER PLUS CARE RENEWAL AGREEMENT
This Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and the Recipient, which is described in section
1 of Exhibit 2.
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 Pius Care
Program final rule codified at 24 CFR 582 ("the Rule"), which is attached hereto and
made a part hereof as Exhibit 1, and the Notice of Funding Availability (NOFA) that was
published in two parts. The first part was the Policy Requirements and General Section
of the NOFA which was published March 29, 2008 at 73 FR 14883, and the second part
was the Continuum of Care Homeless Assistance program section of the NOFA, which
was published on July 10, 2008 at 73 FR 39840 . The terms "Grant" or "Grant Funds"
mean the funds for rental assistance that are provided under this Agreement. The term
"Application" means the application submission 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 (including the application
submissions for grants being consolidated in this agreement). 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:
X Exhibit 1 - The Shelter Plus Care Program Rule
X Exhibit 2 - for Tenant-based Rental Assistance
Exhibit 3 - for Project-based Rental Assistance
Exhibit 4 - for Sponsor-based Rental Assistance
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Exhibit 5 — for Section 8 Moderate Rehabilitation for Single Room
occupancy
Exhibit 5A — Subgrant for the Administration of Rental Assistance (for
SRO)
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 sub-recipients,
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.
The recipient and project sponsor, if any, will not knowingly allow illegal activities
in any unit assisted with S+C funds.
Recipient agrees to draw Grant Funds for and to make rental assistance
payments on behalf of eligible program participants at least quarterly. No more than
eight cents of Grant Funds may be used by Recipient and its sub-recipients, combined,
for eligible administrative expenses for every dollar expended for rental assistance over
the grant term.
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 that, 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;
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(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;
(f) 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 without the
prior approval of HUD. No right, benefit, or advantage of the Recipient or Sponsor
hereunder may be assigned without prior written approval of HUD. The effective date of
the Agreement shall be (check one):
X the date of execution by HUD.
the expiration of the prior grant that is being renewed (applicable only to
renewals of grants whose terms have not been extended).
(fill in a date).
Execution of this Agreement terminates any S+C Amendment and Extension
Agreement executed by the parties, as of the effective date of this Agreement. (Where
more than one grant is being consolidated, execution of this Agreement terminates the
Grant Agreements for the grants identified in the attached exhibits, as of the effective
date of this agreement.)
By signing below, Recipients that are states and units of local government certify
that they are following a current HUD approved CHAS (Consolidated Plan).
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This agreement is hereby executed on behalf of the parties as follows:
UNITED STATES OF AMERICA,
Secretary of Hous' Urba o ment
BY:
(Signature)
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(Date) �l
RECIPIENT
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
(Name of Organization)
�� Attest: J arton
(Ser
BY: - B
ignature of Authorized Official) y
Deputy erk
blas i ey S. Davis
k.HAIRMAN
(Title)
�2 2nno
(Date)
1
my kidmi strator
APPHC VED AS TO roam
/AN Ai_SUFFIC Y
ARIAN E. -
CIASSISTANT COUNTY ATTORNEY
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EXHIBIT 2
TENANT-BASED RENTAL ASSISTANCE (TRA)
1. The Recipient is the Indian River County Board of County Commissioners.
2. HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds
in the amount specified below for the approved project(s) described in the
Application. HUD's total funding obligation is $105,300 for thirteen (13)
one-bedroom units rental assistance.
3. The term of this Grant Agreement shall be one (1) year. One-year renewal
grants cannot be extended and unobligated balances will be recaptured by HUD
at the end of the grant period.
4. Recipient shall receive aggregate amounts of Grant Funds not to exceed the
appropriate existing housing fair market rental value under Sec.8(c)(1) of the
United States Housing Act of 1937 in effect at the time the Application was
approved. This fair market rent may be higher or lower than the fair market rent
in effect at the time of application submission.
5. The effective date of the Agreement shall be (check one):
X the date of execution by HUD.
the expiration of the prior grant that is being renewed (applicable only to
renewals of grants whose terms have not been extended).
(fill in a date).
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