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Home My WebLink About2023-190Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into and effective this September 12, 2023, by and between Indian River County, a political subdivision of the State of Florida ("County"), 1801 27th Street, Vero Beach, FL 32960 and Treasure Coast Homeless Services Council, Inc. (TCHSC)("Subrecipient"), 2525 St. Lucie Avenue, Vero Beach, FL 32960, for Continuum of Care grants. Background Recitals A. The County received Continuum of Care grants see attached list — Exhibit A ("Award") from the Department of Housing and Urban Development (HUD) on March 28, 2023. B. The Awards are for homeless rental assistance and homeless management information system (i.e., administration of the programs). C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, are set forth in the attached list — Exhibit A. D. The Assistance Listing Number (ALN) for the Awards, if applicable, is set forth in the attached list — Exhibit A. The total dollar amount made available under the Awards is $1,058,736. E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal regulations is up to 10 percent on rental assistance grants; however 7% has been agreed upon between the County and subrecipient. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money ("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient or Subrecipient's County -approved designee for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Research and Development. The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 4. Term. The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) set forth in the attached list ("Grant Period") — Exhibit A. The Grant Period and performance start date commences on the date set forth in the attached list — Exhibit A. 5. Grant Funds and Payment. The approved Grants for the Grant Period is $1,058,736. The amount of federal funds obligated under this Contract by the County to the Subrecipient is $1,058,736. The total amount of the Awards committed to the Subrecipient by the County is $1,058,736. The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is $1,058,736. The County agrees to reimburse the Subrecipient or Subrecipient's County approved designee from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Comptroller Division within 90 days following the completion of the grant. These reports should include but not limited to grant expenses and other statistics as required by the grants during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The Office of Management and Budget may extend the 180 day audit submittal requirement, based upon a written request justifying the extension and if deemed to be in the best interest of the County. The extension will typically not exceed the three (3) months from the original due date. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period (or extension period). If Subrecipient expends $750,000 or more in Federal Awards during Subrecipient's fiscal period, a single audit must be conducted for that fiscal period in accordance with the compliance requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Board of County Commissioners and funding under this Contract will cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 7.4.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Subrecipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 7.5 Insurance Reouirements. Subrecipient shall, no later than October 1 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate activities among itself, the County, and the Subrecipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Subrecipient's place of business, of any and all insurance policies that are required in this Contract. If the Subrecipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Subrecipient, its agents, officers, or employees in connection with the performance of this Contract. 7.8 Public Records. The Subrecipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Subrecipient upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Subrecipient to comply with these requirements shall be a material breach of this Agreement. 7.9 Cooperation. The Subrecipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or Clerk of the Circuit Court & Comptroller. Cooperation shall include, but is not limited to, providing records, answering questions, and participating in interviews by County or Clerk of Circuit Court & Comptroller staff. The Subrecipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Circuit Court & Comptroller agree to an alternative response time. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(&-IRCGOV.COM Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 8. Termination. Termination in regards to F.S. 287.135: Subrecipient certifies that it and those related entities of SUBRECIPIENT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Subrecipient certifies that it and those related entities of Subrecipient as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Owner may terminate this Contract if Subrecipient is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. Owner may terminate this Contract if Subrecipient, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 9. Notice and Contact Information - Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Director Office of Management and Budget Indian River County 1801 271h Street Building A Vero Beach, FL 32960 Subrecipient: Rayme Nuckles, Visionary Leader Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 10. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. �V GOA.... OJ �oyF INDIANVE COUNT BOARD OF COUNTY QOM IS * By: Joseph airman, C airman =. o ., 9.. TR Attes : yan L. tier, C rk of 'rcuit Court & Comptrollef •"vul By: �✓ Deputy Clerk Approved: �I�Cin•.o-61 6;14 John A. Tanich, J ., County Administrator William K. Del3raal,Grounty A orney SB CIPIENT: By:Agency Name: Treasure Coast Homeless Rayme les, Visionary Leader Services Council, Inc. AphrAYo as t9fl9rm ao.legpl sufft ncy: Indian River County BOCC Continuum of Care Grants Description/Grant Name CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE CONTINUUM OF CARE - RENTAL ASSISTANCE SUBTOTAL OF AWARDS Federal Award ID # 09/01/23-08/31/24 03/28/23 04/01/23-03/31/24 (FAIN) CFDA# 03/28/23 Amount FL01131-41-1092210 14.267 03/28/23 $ 118,992 FL01141-41-1092215 14.267 94,992 171-0119L41-1092215 14.267 361,344 FL03381-41-1092209 14.267 94,992 FL03601-4 H092213 14.267 124,212 FL03801-41-1092208 14.267 119,904 F L0440 L4 H 092211 14.267 144.300 $ 1,058,736 EXHIBIT A Award Date Grant Period 03/28/23 09/01/23-08/31/24 03/28/23 04/01/23-03/31/24 03/28/23 07/01/23-06/30/24 03/28/23 09/01/23-08/31/24 03/28/23 06/01/23-05/31/24 03/28/23 09/01/23-08/31/24 03/28/23 04/01/23-03/31/24 EXHIBIT B 4 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT March 28, 2023 Ms. Leigh Uribe Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Ms. Uribe: Congratulations! I am delighted to inform you of the funding for your project(s) under HUD's Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2022 Continuum of Care Competition and Noncompetitive Award of Youth Homeless Demonstration Program Renewal and Replacement Grants for a total of $1,121,976 - The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2022 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each project. HUD field office staff will notify you when they are available to process grant agreements; once all conditions are satisfied and the grant agreement is executed, your organization can expend funds. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Sincerely, Marion McFadden Principal Deputy Assistant Secretary Office of Community Planning and Development www.hud.gov espaool.hud.gov FL0113L4H092210 2022CoCWide TRA Renewal $118,992 FLO 1141,411092215 2022Alcohope Renewal $94,992 FLO1191,411092215 2022 New Chronics Renewal $361,344 FL0338L4HO92209 2022 CoCwide TRA TWO $94,992 FL036OL4HO92213 2022 Indian River Chronics $124,212 FL0380L4HO922O8 2022 Family Rental Assistance $119,904 FL0440L4H092211 2022 New Horizons Two $144,300 Enclosure Amended - TCHSC is direct recipient G7"M' e&- CHS"C is afrect recipient° Total Amount $1,058,736 �-1r c> , r2-rnr-rau -1r Ar U.S. Department of Housing and Urban Development Office of Community Planning and Development yt 400 West Bay Street Suite 1015 rr Jacksonville, FL 32202 Grant Number: FLO1131AH09221.0 Recipient's Name: Indian River County Beard of County Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLdJZ38K9 Federal Award Date: 6/1.5/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application''). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is S 118,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page l Grant No.:.... ... Gnat Term::: Performance Period ::. Total Ainount':'::: ....: _:FLO113L4H09221.0 : .12 months 09-01-2023 - 08-31-2024 $1-18,992- ........ .: a: Continuum of Care planning activities $0 :..:: b.: :.:.w. Acquisition _ $0 c. Rehabilitation :'gid; New:construction :.. = ::: $0 .-e: Leasing : _ :$0 £ Rental assistance :.. :.:.:.. :..:.. $.118,902:... :..... g• :.: :...:.: ...:.. ... ..... Snpporttve services .... ..... ..... $0 :.h. "Operating costs:. :.:. :.$0 ::..:....... L: ..... ...... Homeless Management In formation:System: :.::. �0 j� Administrative.costs aw $0 .... ::..:.: k.. .... relocation-Costs ....:. a...... .....: ::...: :.... :...:. :..:.. $0...:.: w. 1. HPC homelessness.ptpvention activities:.: :.... ........ ;•;:• .... :...: w.., Housing relocation andstabilizatioa.services::.: ; Shdrt term and-medium-teim rental:assistance .. .. .. .. .. • wvvwawd.�ov :: .. . asp�aol.ltud,gov :: .. .Paj�-. :.. Pre- ward Costs :for Contuiumm� of. Care Planning a 'The Recipient:may; at. its own risk,- incur pre award costs:for.continuum of'care.planning. awards, after the date of the HUD selection notice :and prior to the effective da. te. of this Agreement, if such costs:. a) are consistent, with 2 CFR 200.45:8; .and b) would be allowable: as: a post-award cost;.... . and c) do.not exceed'10 percent:of the total funds obligated to this award. The incurrence.of pre award costs in anticipation of an award imposes no obligation on- HUD either to mare the award, or to increase the-amount.of the approved budgets: if the:award is:made for less than the:amount : anticipated and is. inadequate to cover the pre- award costs incurred. These provisions apply to a ..... ents::: . If any new projects funded under: this Agreement are for project-based rental assistance fora term: of fifteen: (15) years; .the funding •provided under .this Agreement is for :the performance: period :. :..:.: stated-herein only:. Additional funding is subject to the: availability of annual appropriations`..:.: ::The budget period:and performance. period ofrenewal.projects funded by this:Agreement will.. Begin immediately: at the end: ofthe budget period and performance: period of the: grant being renewed. - Eligiblo costs incurred between: the end' of Recipient's budget period and performance: period under the giant:being renewed:and the date 'this Agreement is executed by both parties may reimbursed with Grants Funds from this Agreement. No Grrant.Funds for renewal projects maybe drawA down by'Recipient.liefore the end date_of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this: Agreement the budget period and performance. eriod o€the transition rcjec s m will-be immediately.at-the end" f the Recipient's finafoperathr g :.. .: year under the grant being transitioned.. Eligible costs, as defined by. the Act and the Rule: incurred:: between the: end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds :from the first operating year of this Agreement.: = -.HUD designations: of Continuums of Care as High-performing Com munities:(HPCS)-are published on HUD.goy in the. appropriate Fiscal Years' Cod Program-CompetitionFunding :... Availability.page.Notwithstanding anything to thecontrary in the Application or this A.greement,.:. ::..:.: Recipient may only use grant funds for HPC Homelessness.Preveniion:Activities if the Continuum::: that designated the- Recipient to: apply for-. the graut:was designated an IUPC for the applicable fiscal :: year;: . The Recipient must complete the attached "Indirect Cost:Rate Schedule" and- return it to HUB with this Agreement:: The. Recipient must provide:HUD with a.revised schedule when•any . . change is:made to the rate(s) .includedin.the schedule. The schedule and anyievisions:HUD receives :.. . from the Recipient will be incorporated into and made partof this Agreement,-provided that each rate .included satisfies the applicable:requiiemients uirdei 2 CFR part 200. (including appendices). This Agreement shall renuun in effect until the :earlier. df I) written agreement by the: parties;, - •:. - 2) by.HUD alone; acting.under the authority. of 24 CFR 578.107?; -) upon.expiration of the budget period and performance period for all projects: funded under this Agreement; or 4). upon the pirationof the period of avalability.of Grant Funds forprojects funded under this Agreement: www.hud.gov espanoLhud.gov . . This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Larry Hayes, Director (Typed Name and Title) June 15, 2023 (Date) RECIPIENT Indian River Countv Board of Countv Commissioners (Name of Organization) '"attr�rsSi''•- t By: (Signatu uthorize O ra ) .Q Joseph H. Earman Chairman (Typed Name and Title of Authorized Official) ''••.; ; co��'''�• 20. 2023 (Date) Approved by BCC: June 20, 2023 ATTEP Jeffrey R. Smith, Clerk of Court and Comptroller By: Depi#y Clerk Approved: Ik By: lon4tv A. Titkanich, Jr., County dministrator www.hud.gov espanol.hudgov Approved as to form and legal sufficiency: 25 ry--l-aneingold, County Attorney Page 5 P' U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1.015 Jacksonville, FL 32202 *A,. Grant Number: FL0114L4H092215 Recipient's Name: Indian River County Board of Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 5125/2023 CONTINUUM OF CARE PROGRAM (CDFA## 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $94,992, allocated between the projects) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page I Grant No. Grant Term Performance Period Total Amount FL0I14L4H092215 12 months 04-01-2023 - 03-31-2024 $94,992 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $94,992 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium -tern rental assistance { Stmt} www.hud.gov espanol.hud.gov Page 2 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is- inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Page 4 This agreement is hereby executed on behalf of the parties as follows; UNITED STATES OF AMERICA, Secretary of Housing and Urban Development B Larry Hayes, Director (Typed Name and Title) May 25, 2023 (Date) RECIPIENT Indian River County Board of County Commissior (Name of Organization) k By: {SignatuA-vyf 'A Joseph H. Earman, Chairman (Typed Name and Tide of Authorized Official) June 20, 2023 (Date) Approved by BCC: June 20, 2023 ATTE,g: Jeffrey R. §i th, Clerk of Court and Comptroller By: gw�a� De uty Clerk Approved: By: J(o,vn AA, Tit nich Jr., Countydrninistrator www.bud.gov espanol.hu&gov Approved as to form and legal NIMciency: By: Dylan Reingold, County Attorney Page 5 Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect -cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 I U.S. Department of Housing and Urban Development I � ! Office of Community Planning and Development �' yr 400 west Bay Street Suite 1015 Jacksonville, Ft 32202 Grant Number: FL0119L4H092215 Recipient's Name: Indian River County Board of County Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 6/14/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14,267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C'_ 11301 et seq. (the "Act''}; 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $361,344, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. wwnv.hud.gov espanol.hud.gov Page 1 :: GrWit No.: ` :::. Grant TermPerformance Period :::: Total mouQt :.FTAi 19L4H092215 Al months -07-0i-2023 4&M-204: $361:,34 :. a: Continuum of Care planning activities a b.: Acquisition .. ..... ..... .... ..... ..... $0' ..... ..... c. - Rehabilitation $0 =d New:coustructio .... :.::: :. :.... $0 :.:.: f mental assistance $361,344:.. g. �:...:.: :...:.. :...:.: :.... ..... ...... Supportive services :: ..-. $g :h. Operating costs:.: ` .. :.:. -:..: : $0.. i:- Homeless Managemenflnformatioii:System:... ::. $0 j. Administrative costs :$0 ::..:.: L.:Relocation-Costs .::..:.: ........ ::..:.: :. :..:.: $0...... 1. BPC homelessness .ptevention activities::' ....:. Housing relocation and:stabilizatzon•services.:: ....:- ::..:. ....... :::.$0 . Short-term and-hitedium-term rerital'assistance- ::: . . $0 ...... :...... :...:.: ....... ...... ....... ....... ...... ....... www.hud.gov espanol.hud:gov :..: s. ......: ......: ....... ::..;.: ..... ;...... . :.Pa& 2 ..... Preaward Costs :for Continuum of. Care Planning ::. The Recipient. may, at, its own risk, incur pre=award costs for .continuum of careplanning awards, after the date bf the HUD selection notice:and prior-to the effective date of this:Agreement;-if such costs:. a) are eonsistent: with 2 CFR 200.45.8; .and b) would be allowable asa post-award cost, and c) do .not exceed :I 0 percent -of the. total funds obligated to this award. The incurrence of pre-.. award costs in: anticipation :of an award imposes no obligation on HUD either to mare the award, or to increase the. amount 0—the approved budget;, if the: award is made for:lessahan the:amount anticipated and is- inadequate to cover the pre=award: costs incurred. . . . These provisions apply to all:Recipients:: as 9'any new projects :funded under this Agreement are for project-based rental assistance fora :. . term: of fifteen: (15) years; .the funding provided under .this Agreement is for the performance: period ::..:. stated-herein only. Additional funding is subject to the:availability of annual appropriations.:..:. ....... 'The budget-period and performance-period ofrenewal.projects funded by. this, Agreement will begin immediately: at- the end: of the budget period andpe :rformance:. period of the: grant :being renewed.' Eli'ble costs incurred between: the end' of Reci rent's budget period and erforinance: 81 P� . dge P period under the grant being renewed and the date:this Agreement is-ekecuted by both parties may llie = - ieimbursed:with Grants Funds from this Agreement. 1Vo Grant.Funds' for renewal projects maybe ' drawn by' Recipient before fide end date; of the project's budget period and performance period under.the grant.that has been renewed. _ For any transition project funded under this: Agreement the budget period and performance nod of the transition ro'ect s wiil.be in ininiediately_at the end''f the Recipient's finaloperating ..:. :.: P J. .fi) 8. year under the grant being transitioned.- - Eligible costs, as defined by.-the Act. and- the Rule: incurred:: - between the end of Recipient's final operating year under the grant being transitioned and: the execution of this Agreement maybe paid with funds:froin the fi=st operating year of'this Agreement.:: HUD designations of Contiiiuums:of Care as High-performing Communities (HPCS) are published on HL7D goy in the.apOropriatip Fiscal:Year§ " CoC Ptbgram,l bi * e_ 060 Funding Availability.page. Notwithstairding anything tothecontrary.in the Application..or this Agreement,.:.: Recipient iaay only use grant funds for HPC Homelessness.Preventioii:Activities if the Continuum::: :. that designated the. Recipient-to apply ,for the grant was desiguated:an :HPC for. the applicable fiscal year...:. :'The Recipient must complete the attached "Indirect Cost:Rate Schedule" affil return it io HUD with this Agreement. The. Recipient must provide HUD with a revised schedule when any .. . change is.iriade to the.rates) iiicluded iii:the schedule. Th"-hedule acid any_revisions HU- 1 receives ...-... from theRecipient will be incorporated into and made partof this Agreement, provided that each rate included satisfies the:applicablerequirements under 2 CFR part 200. (including appendices). .. :This Agreement shall remain in effect. anti the:earlier. iif I) written agreement by the: parties;. • : " 2) by-HUD alone; acting.under the. authority. 0€24 CFR578.107; 3) upon.expiraton of the Budget period: and performance period for all projects funded .under this Agreement; or 4). upon the - - :.expiration-of the period of availability of Grant Funds forAl projects:fimded under this:Agreement: • www.hud.gov: espanol.hudgov :. : _Page 3 HUD i[atifications: to the Recipient shall be to the address :of the Recipient-as: stated:in: the This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Larry Hayes, Director (Typed Name and Title) June 14, 2023 (Date) RECIPIENT Indian River County Board of County Commissioners (Name of Organization) By: (Signature (Typed Name and Title of Authorized Official) June 20, 2023 (Date) Approved by BCC: June 20, 2023 ATT7: Jeffrey R. Smith, Clerk of Court and Comptroller By: D uty Clerk Approved: By: Jo n A. Titkanich, Jr., County Administrator www.hud.gov espanol.had.gov Approved as to form and legal s cy: By: Dylan Reingold, County Attorney Page 5 t Cost'Schedntt 1-'1- Al U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 100 Jacksonville, FL 322022 Grant Number: FL03381AH092209 Recipient's Name: Indian River County Board of County Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 6114/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"'), and the Recipient's operation of projects assisted with Grant Funds are governedby 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11.301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $94,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.eov espanol.hud.gov Page 1 Grght' No.: = ::: ::: Grsitt Term::: Performance Period :: :".:: Tota[ Ainoant :::: .FL0338L4HO92209 . .12 months .09701-2023 - 08=31.-2024 $94,992- a: Continuum of Care planning activities :$0 b.: -Acquisition . :. :.:..: $0:.::.: c.: Rehabilitation New:constractio> :.:.: $0 .e: Leasing: $0 :.. f Rental assistance :.: :.:. ... :.:$94,992:.: . ................. .... g.. ...... Supportive services ..: :: :...:: ::: ::: ..... ..... $o .. h :.:.. .... � -OWi' i ..n. . S costs:.:.. .... ... ..:.: .:.. :.•. :.:.$0 ..: - -•• :: i;: ..... ...... Homeless Management liformatioii:System::: :;. ..... ::$0 : Administrative costs :$0 :...:. k.. ' relocation- Costs :: _ :. :..:.: ::..:.: _ - . - .. ....... $0:... . :. 1. HPC hometessness.ptevention activities:: Housing relocation andstabilization.services::. ::::: ; :: ::.:$0 Short-term and medium-te=m rental:assistance : :$0 www.hud.gov espanol.hud.gov •per 2 =.: Pre-award Costs for Continuum of Care Planning The Reci lent ma at its own risk, incur re=award costs for continuum of care Tannin :.:.: :.: ... p ....: y" t t P P. 8:. . awards, aftef the date of the HUD selection notice and prior to the efffective date_of this?►greement,.if such costs:. a) are consistent, with 2 CFR 200.458; .and b) would be allowable: as:a post-award cost;..: and c) do .not exceed 1.0 percent of the. total funds obligated to this award. The incurrence of pre-..: award costs in: anticipation of an award imposes no obligation on HUD either to mare the award, or . to increase the-amount of the approved budget,: if the award is made for.less than the: amount.. anticipated and is- inadequate to cover the pre:award costs incurred. -These provisions apply to all :Recipients:. . If any new projects funded under this Agreement are .for project-based rental assistance for :.:.. term:Qffifteen:(15) years;.the funding provided under.thi ' Agreement is fQr:th' performance: period :..:. statedherein only. Additional funding is subject to the :availability of annual appropriations~ :The budget period and performance. period ofrenewal.projects funded by this: Agreement will-. :begin immediately: at the end: of;the budget period and performance: 'od of the: t bein renewed.: Eligible costs incurred between. the end- of Recipient's budget period -acid pe oriYiance: - peiYo under a grant:being re'newed:aii- a date:. is Agreement is-executed byboth parties maybe re imburaedwith Grants Funds from this Agreement. No Grant. Funds' for renewal projects ma be drawn.down byRecipient:before the end date: of the project's budget perigd and performance period under.the grant that has been renewed For any transition project funded under this Agreement the budget period and performance eriod of the transition ro'ec s will-be in immediately.at the end of the Recipient's final operating P.. P J.. year under-the grant dieing transitioned.. Eligible costs, as defined by. the Act and- the Rule:incurred:: between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with f inds:from the first operating year Of "this Agreement. " HUD designations of Continuums oP Care as High-performing Communities (HPCS) are e published on HUD.goy inthe.appropriate:Fiscal dears'" CoC Program. Competition Funding :. Availability.page. Notwithstanding anything to the contrary in the Application or this Agreement,.:.. Recipient naay only use grant funds for HPC Homelessness. Prev 'Activities if the Continuum::: that designated the. Recipient to apply fox the grant was designated an:HPC for, the applicable fiscal :.: year:.. `. � The Recipient must complete the attached "Indirect Cost:Rate Schedule" and return it:to HUD with this Agreement.: The. Recipient must providb:HUD with a.revised schedule when any . . change is:made to the rate(s)-included iii the schedule. T7ie:sehedule. and any:revisions:HM receives ...... .... :. from the Recipient will be incorporated into and made part-of this Agreement, provided *t each rate included satisfies ihe:applicable requireirients under 2 CFR part200.(imcluding appendices). ::..:.:This . ....: Agreement shall remain in effect until . e year 'er. tif� 1 written agreement by the.partres;.- �::: ..... 2 b .HUD alone; actin .under the. authori o€24 GFR578.107.; 3 u n.eX iratiion of the bud et y g ty . .) Po P g period:and performance period for all projects funded .under this Agreement; or 4). upon the - :expiration o€the period of avaiiability.of Grant Funds for:all projects funded under this Agreement: ... .... waw.hud gov-' espanoLhud gov peBd3 ...... ....... HUD n6 ifications: to the Recipienf shall be to: the address :of the: Recipienfas: stated in: the This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development cG Larry Hayes, Director (Typed Name and Title) June 14, 2023 (Date) RECIPIENT Indian River Countv Board of Countv Commissioners (Name of Organization) ....... (Signature thorized cial) Joseph H. Earman Chairman (Typed Name and Title of Authorized Official) '• ;;?v , .`........... June 20. 2023 (Date) Approved by BCC: June 20, 2023 ATTEJeffrey R. S • , Clcrk of Court and Comptroller By: Dep ty Clerk Approved: By: J A. Tit ich, Jr., Count3Administrator www.hud.gov espanol.hud.gov Approved as to form and legal sufficiency: By: AIT)*yTan Reingold, County Attorney Page 5 Indirect Cosi Schedule i L.S. Department of Housing and Urban Development # Office of Community Planning and Development it. 400 West Bay Street Suite 1015 Jacksonville, FL 32202 Grant Number: FL0360L4H092213 Recipient's Name: Indian River County Board of County Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 6/14/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"'), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act" k 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision. and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $124,212, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page i Grant Term:.: Performance Period ::':.. • :::: TotalAmounY:"::: TL0360L4WW213 12 months 0&01-2023-05-31-2024 " " " " ... $124,212- . .... .... . a: ... Continuum of Care planning activities : ": $0 ". b.: Acquisitioi $0 C . Rehabilitation $0. " New:construction :: $0...... -e: Leasing- :. :$0 f Mental assistance $124,212:.:. g. :...:.: :...:.: ..... . Supportive, services".::: Operating"costs:. :: ... .... .$0 . . L Homeless Management lnformattdn:system: ;: :::$0 j. Administrative. costs .... .. $0 :.: k..: relocation-Costs .:.::. ::.::. ....... ..... ... _ .. $0 HPC homelessness.prevention activities:: :..... :..:.: Housing relocation and:statiilization-services.:: :' :. $0 Short term and-medium-term rental assistance $0 . www.hud.gov espanol.hud.gov . .. .. .. : = P%02 . . . . . ::: Pre-award Costa :for Continuum of. Care Planning 'The Recipient may, at.its-own risk incur pTp=award costs for continuum of'care. lanniii awards, aftet the date of the HUD selection notice:and prior to the effective date. of this Agreement,_if = such costs:. a:) are consistent with 2 CFR 200.458; .and b) would be ;allowable: as:a post-award cost;.::: and c) do.not exceed :1:0 percent.of the total fluids obligated to this award. The incurrence of pre-.. .. . award costs in: anticipation of an award imposes no obligation on. HUD either to male the award, or . to increase the- amount of the approved budget; if the: award is:made for .less than the. amount- anticipated and is- inadequate to cover the pre=award coasts incurred. These provisions apply to a1l:Recipients:: : If'any new projects funded under this Agreement are .for project-based rental assistance for a : term: of :fifteen: (15) years; .the funding provided under this Agreement-is for :the performance: period ...:. stated.herein only. Additional funding is subject to the:avallatiility of annual appropriations:..:.: ::The budget period and per formance.period ofrenewal.projects funded by this: Agreement will. :begin immediately: at- the end of the budget eriod and . ormance: p eriod of the: t bein = S P P P S. g renewed Hli ible costs incurred between: the end' of Recipient's budget period and ormance: :::: Si P� S P� performance period under the grant being renewed:and the date:ihis Agreement is executed by both parties may lie :.: reimbursed:with Grants Funds from this Agreement. No Grant. Funds: for renewal projects.may.be drawn:Oown by Recipient. before the snd date. of the project's budget peiiod:and performance period :.::: : :. under grant that has been renewed. = _ For any transition project funded under this: Agreement the budget period and perforance. : eriod of the transition ro'eet s will. begin immediately at the end:'f the Recipient's finaloperating -pe. P j. .(.) year under the grant tieing transitioned.. Eligible costs, as defined by. the Act and the Rule:incurred: , between the end of Recipient's final operating year under the grant being transitioned and the execution of flus Agreement may. be paid with :funds :from the first operating year of this Agreement.:: -.HUD designations: of Continuums:of Care as High-performing Communities:(HPCS) are published on HUD goy •in ' the. appropriate :Fiscal Years" CoC Program. Competition Funding .. .. . Availability.p-age. Notwithstanding anything to:....te contrary.in the Application or this Agreement,.:. Recipient may only use grant farads for HPC Homelessness. Prevention :Activities if the Continuum::: that designated the. Recipient-to ,apply for the grant was designated an IUPC for tlxe applicable fisc . :.:.: year...--: .'::-The Recipient must complete the attached "Indirect Cost:Rate Schedule" and return it :fo HUD with.this Agreement.: The Recipient must provide:HUD with a revised schedule when any change is.made to the rates):included:in:the schedule. The,schedule and anyrevisions:HUD receives ...... .. ... : from the Recipient will be incorporated into and made part-of this Agreement, provided that each rate included satisfies ihe_applicable:requiremcnts under 2 CFRpart 200.(Wcluding appendices). : ...:This Agreement shall remain in effectuntil the earlier. bf 1) written.agreebient by thc.parties;.::.. • = 2) by.HUD alone; acting.under the. authority. of 24 CFR 578.10' 3)upon.expirat on of the budget period and performance period for. all projects funded .under this Agreement; or 4). upon the . expiration of the period of availability: of Grant Funds for -all projects:funded under this Agreement: .... ... .... ... www.hud.gov - espanol.hud.gov Page-3 HUD notifications: to the P ecipient shall be to: t ie address :of the: Recipientas: stated in. the This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development 0 W Larry Hayes, Director (Typed Name and Title) June 14, 2023 (Date) RECIPIENT Indian River Countv Board of County Commissioners (Name of Organization) By: S ignatuuthoriz6d t9lricial) Joseph H. Earman, Chairman (Typed Name and Title of Authorized Official) Iluni- 20, 2023 (Date) Approved by BCC: June 20, 2023 ATTW: Jeffrey R Smith Clerk of Court and Comptroller By: D luty Clerk Approved: By: A. Titk6ich, Jr., County Administrator Approved as to form and leas sufficiency-, By: 6y -tan Reingold, County Attorney www.hud.gov espanol.hu&gov Page 5 U.S. Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street v_ Suite 1015 Jacksonville, FL 32202 Grant Number: FL038OL4HO92208 Recipient's Name: Indian River County Board of County Commissioners Tax ID Number: 39-6000674 Unique Entity Identifier (SAMJ: FB3SLJJZ38K9 Federal Award Date: 6/14/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant' ' or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title Its of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 1130I et seq. (the "Act"); 3, the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given. in the Rule. HUD's total funding obligation authorized by this grant agreement is $119,904, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page i Grain No. :: ::::: Cent Terni::: Performance Period : ` :::: ::::: Total Amount .:.: ..:FL038014H092208 : - .12 months' .09-0I-2023 - 08-31-2024 .: :: $1191.904 A: Contiiiitum of Care planning activities So b.lAequisition .: $0 ..... c. Rehabilitation :: :: :: $0 :: gid; .. ... Ne*construclinn� et: Leasing $0 :.: f . _ Rental assistance :.:.: :.:.: :.: :.:.. :.:.: $119,904:... g. Suppor#ve. services .::: ...... $o :: h . :... . costs ::.:... :.:.... :...:....... .. :.:.$0 :.:. :. Homeless Management'hiformation:System:.::: : $0 j. Administrative.costs $0 IL.: Relocation. Costs .::..:.: ::..:.: ::....: :..:.: :......: ..... $0.....: 1. HPC homelessness .prevention activities::: :..:. Hous and liilizationservices: .. .....$0 Short-term and,medium-tefinreritatassistance' 'wawJvAsov:: eepidol.h 490v:: •Paol t Pre-award Costs :for Continuum of. Care Planning - The Reci rent ma at: its own risk, incur pre=award costs for continuum of care: launn awards, after the date of the HUD selection notice and prior.to the effective date. of this 4greement,.if such costs:. a) are consistent wit112 GFR 200.45:8; .. b) .. . be allowable: as:a post=award cost; .::: .4#4 c) do .not exceed .10 percent of the total funds obligated to this award. The incurrence of pre-- . :. a award costs in anticipation of an award imposes no obligation on HUD either to make the award, or . to increase the- amount.of the approyed budget; if the=award is-made for.less'than the=amount -:, anticipated and is inadequate to cover the pre-'--award costs incurred. These provisions applyto aERecipier#!s:' If any new projects funded under this Agreement are for project-based rental assistance fora :. :.:.: term:of fifteen: (15) years; .the func�g provided under: this Agreemenfli for -the perforamance: period :. stated-herein only. Additional funding is subject to the availability of annual appropriations..:.: ::The budget period and performance.period ofrenewal.projects funded by this: Agreement will-. - begin immediately.at-the end of budget period and performance:period of the grant being ' :�r6ewed.:,Eligiblecosis incurred between: the end-of Recipients budget eriodand peromance: -:.::: period under the grant:being renewed and the date is Agreement is-executed by both parties maybe reimbursed:with Grants Funds from this Agreement. No Grant-Funds: for renewal projects maybe :: . . drawri.down l y-Recipienfbefore die end date, of the project's Budget pertiod and performance period under_the grant ti t has been renewed. For any transition project funded under this: Agreement the budget period and performance. -period of4hi transition project (&) will.be ' munediately.at the end of the Recipient's final operating year under the grant l Bing transitioned.. -Eligible costs, as defined by. the Act- and the Rule incurred:: between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may. be paid with funds :from the first operating year of this Agreement.:: HUD designations of Continuums:of Care as High-performing Communities:(HPCS) are :.:.: published on HUD.goy'in the.approphAtp f iscil Years - CoC Pro gram- �ompehtion Funding :. Availability. page. Notwithstanding anything to the: contrary in the Application or this Agreement,.:. Recipient may only use grant finds for'HPC Homelessness-Prevention Activities if the Continuum::: that designated the. Recipient- to apply for the grant was designated an WC for the applicable fiscal :.:.: year:.:. :. 'The Recipient must complete the attached "Indirect Cost:Rate Schedule" and return it:to = HUB with this Agreement.: The. Recipient must provide HUD with a.revised schedule when any . .. ;change is:made to the rate(s):includediii:the schedule. The:schedule and any:revisions:HUD receives . .. from the Recipient will be incorporated into and made part-of this Agreement,-provided that each rate : _ included satisfies the:applicable.requirements under 2 CFR part 200.(including appendices). .. • :This Agreement shall remain in effect until the earlier oaf-T) written.agreement by the. parties;.: . - - 2) by:HUD alone; acting: under the: -authority. of 24 CFR:578.107.;3) upon:expiratiori of the budget periodand performance period for. all projects funded under this Agreement; or 4). upon the ::expiration of the period of availability.of Grant'Funds forill projects funded iuider this.Agreement: .... www.hud.gov espanol.hud.gov Page:3 IM notifications to the Recipient shall be t.o- t ie address :of the: Recipient as_ stated in: the This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development By; ' j Larry Hayes, Director (Typed Name and Title) June 14, 2023 (Date) RECIPIENT Indian River County Board of County Commissioners ... (Name of Organization)+••!O�rF By. (Signature orize O ficial) Joseph H. Earman. Chairman •.a,.zzrs'�t� (Typed Name and Title of Authorized Official) •• ••- June 20, 2023 (Date) Approved by BCC: June 20, 2023 ATT E :Jeffrey R. Smith, Clerk of Court and Comptroller By: i14 DerFty Nerk Approved: By: J A. TitkaAiclhi, Jr., County Administrator Approved as to form and legal sufficiency: By: y an Reingold, County Attorney www.hud.gov espanol.hud.gov Page 5 U.S. Department of Housing and Urban Development Office of Community Planning and Development tr i 400 West Bay Street Suite 1015 Jacksonville, FL 32202 Grant Number: FL0440L4H092211 Recipient's Name: Indian River County Board of Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 5/25/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117-103, approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Actf'); 3, the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is S 144,300, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page 1 Grant No. Grant Term Performance Period Total Amount FL0440L4H092211 12 months 04-01-2023 - 03-31-2024 $144,300 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $144,300 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. Administrative costs $0 k. Relocation Costs $0 1. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance {Stmt} www.hud.gov espanol.hud.gov Page 2 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Page 4 This agreement is hereby executed on behalf of the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and Urban Development N Larry Hayes, Director (Typed Name and Title) May 25, 2023 (Date) RECIPIENT (Name of Organization)'Go�r�,i��s ��.•• • gip,.,•. °► (Signature o Authorize ial) .' . rta4. (Typed Name and Title of Authorized Official) June 20, 2023. (Date) Approved by BCC: June 20, 2023 ATTE : Jeffrey R 'th, Clerk of Court and Comptroller By: r _ De ty Clerk Approved: By: Joh A. Titkani h Jr., County Administrator Approved as to form and legal�i"'ancy: By: D�.�Reingold, County Attorney www.hud.gov espanol.hud.gov Page 5 Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002] "D. Nonprofit Agency Responsibilities After Award of Funding Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1st may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid-October, since the Comptroller Division does not process checks for the prior fiscal year beyond that point. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. The County reserves the right to decline reimbursement for any expense as deemed necessary." EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County.