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HomeMy WebLinkAbout2009-145D Grant No. FL0119C4H090801 Number of Units: 13-ane (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 Plus 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 SmeadSoft Reprint Date:Tuesday,March 08,2016-13:27:29-Officiaftcument5:8495,Attachment id 1,Page 1 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; SmeadSoft Reprint Date:Tuesday,March 08,2016-13:27:30-OfficialDocument5:8495,Attachment Id 1,Page 2 (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). SmeadSoR Reprint Date:Tuesday,March 08,2016-13:27:31-OfficialDocuments:8495,Attachment Id 1,Page 3 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Hous Urba o ment BY: (Signature) (Date) RECIPIENT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (Name of Organization) AttvfgDeputylerk� BY: - B (Signature of Authorized Official) y W-siey S. Davis HAIRMAN (Title) June 2, 2009 (Date) My -Mi strator 0A STOFORM'o-PWOVE APIC AI_S U F F I C") Y MARIAN E. - Q,ASSISTANT COUNTY ATTORNEY SmeadSoR Repnnt Date:Tuesday,March 08,2016-13:27:31-OffiCIalDOcuments:8,495,Attachment 1d 1,Page 4 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). SmeadSoR Reprint Date:Tuesday,March 08,2016-13:27:33-O icia[Document5:8495,Attachment Id 1,Page 6