HomeMy WebLinkAbout07/15/2025 (2)ER C
COUNTY COMMISSIONERS
Joseph Flescher, District 2, Chairman
Deryl Loar, District 4, Vice Chairman
Susan Adams, District 1
Joseph H. Earman, District 3
Laura Moss, District 5
1. CALL TO ORDER
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JULY 15, 2025 - 9:00 AM
Commission Chambers
Indian River County Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS
OF THE ARMED FORCES
2.B. INVOCATION
Pastor Bert Wilson, Faith Baptist Church
3. PLEDGE OF ALLEGIANCE
Chairman Joseph Flescher, District 2
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
5.A. Presentation of Proclamation Honoring David M. Gee On His Retirement from the
Indian River County Board of County Commissioners Department of Utility
Services, Wastewater Treatment
Attachments: Proclamation
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
July 15, 2025
Page 1 of 6
1
7.A. Notice of Second Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2022031525) - Project: Lucaya
Pointe - Developer: GRBK GHO LUCAYA POINTE, LLC
7.B. Notice of Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2023050054) - Project: Vero West
Apartments - Developer: VERO WEST PARTNERS, LLC
7.C. Notice of Second Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2021091000) - Project: The Vivien
Apartments, City of Vero Beach - Developer: PARK POINTE APARTMENTS
VERO,LLC
7.D. 2025 Annual Achievement of Excellence in Procurement® (AEP) Award
7.E. Early Leaming Coalition Board Vacancy
Attachments: ELC Board Appt. Ltr - IR County Commissioner 2025-29
F.S. 1002.83
7.F. Designating the Month of July 2025, as Parks & Recreation Month and July 18,
2025, as Parks and Recreation Professionals' Day
Attachments: Proclamation - Parks & Rec Month
8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC
HEARINGS)
9. CONSENT AGENDA
9.A. Authorization to Increase Blanket Purchase Orders to Everglades and Dyer
Chevrolet
9.B. Lobbyist Contract for Legislative Session
Attachments: Anfield to Arrow Contract Draft 2025 extended 7.15
9.C. Renewal of Agreement with SteepSteel, LLC for Telecom Services
Attachments: 25.6.30 NOTICE OF INTENT TO RENEW PROFESSIONAL
SERVICES AGREEMENT SteepSteel
9.D. Final Payment, Release of Retainage and Change Order No. 4 (IRC -1505)
Construction of 66th Avenue Roadway Widening (49th Street to 69th Street)
RC -1505, FDOT FM 436379-1-54-01 & 436379-1-54-02
Attachments: Change Order No. 4
HEC Pay App 49
9.E. Award of Bid No. 2025025 for Indian River Boulevard Bicycle & Pedestrian
Improvements (4th Street - 17th Street) IRC -1817, FDOT FM 444269-1-54-01
Attachments: Sample Agreement
July 15, 2025
Page 2 of 6
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9.F. Award of Bid No. 2025037, Indian River County Shooting Range Pavement
Improvements, IRC -2413
Attachments: Sample Agreement
9.G. Release of Retainage and Approval of Change Order No. 1 Oslo Road and 90th
Avenue Roadway Improvements (IRC -2215)
Attachments: Change Order No. 1
9.11. Florida Fish and Wildlife Conservation Commission Manatee Speed Zone Rule
Review Committee Request
Attachments: 2025_LRRC App
9.I. FDEP LGFR Grant 221RI, Amendment No. 1, Wabasso Beach Restoration Project
— Sector 3
Attachments: FDEP LGFR 221R1 Amendment No. 1 Sector 3
9.J. FDEP LGFR Grant 191R3 Amendment No. 3 - Vero Beach Restoration Project -
Sector 5
Attachments: FDEP LGFR 191R3 A3 Vero Beach Restoration
9.K. Acceptance and Approval of Expenditures for Emergency Management
Preparedness Assistance (EMPA) State -Funded Subgrant Agreement
(Agreement # A0435)
Attachments: Indian River County FY25 A0542 Agreement
9.L. Updated State Funded Agreement PSAP Upgrade Project
Attachments: FY2526 PSAP Agreement DMS -P1-25-07-17
9.M. Approval of Resolution Adopting the Updated 2025 Indian River County Unified
Local Mitigation Strategy (LMS)
Attachments: Resolution Approving 2025 LMS
FDEM_Indian_River_Approval Letter
9.N. Work Order Number 2, Amendment No. 4 - New Restroom Facility at Fran Adams
Park
Attachments: CCNA 2023 Work Order Template.pdf
20016 W02 AmendNo4 25-0703.pdf
9.0. Award of Bid No. 2025049
Fire Station #2 Dock Improvements
Attachments: Staff Report
Sample Agreement
10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
11. PUBLIC ITEMS
July 15, 2025
Page 3 of 6
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A. PUBLIC HEARINGS
11.A.1. Approval of Resolution Establishing the IRC HCV Program Five Year Plan,
Certifications and Administrative Plan
Attachments: Form-HUD-50075-5Y-for-FL132-ID-3464
Form -H U D -50077 -CR -for -FL 132-I D-3594
Form -H U D-50077-SL-for-FL132-I D-4480
IRCHSD Administrative Plan 2025
Resolution FY 2026 HCV Five Year -Annual Plan HCV Administrative
Policy
B. PUBLIC NOTICE ITEMS
12. COUNTY ADMINISTRATOR MATTERS
13. DEPARTMENTAL MATTERS
A. Building and Facilities Services
B. Community Services
13.B.1. Children's Services Advisory Committee Recommended Program Funding
Allocations for Fiscal Year 25/26
Attachments: Scoring Rubric 2526
25_26 RFP
CSAC Program Funding Requests FY25-26
C.
Emergency Services
D.
Human Resources
E.
Information Technology
F.
Natural Resources
G. Office of Management and Budget
H. Parks, Recreation, and Conservation
I. Planning and Development Services
13.I.1. Overview of Regional Food Truck Regulations and Policy Considerations for
Indian River County
13.I.2. Planning and Zoning Commission's Request for a Joint Workshop with the
Board of County Commissioners to Discuss the Planned Development (PD)
Review and Approval Process
J. Public Works
K. Sandridge Golf Club
L. Utilities Services
July 15, 2025
Page 4 of 6
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14. COUNTY ATTORNEY MATTERS
14.A.1. Resolution Designating Planning Services as Administrative Authority Overseeing
Plating Process and Designating County Administrator as Administrative Official
for Approval of Plats
Attachments: Proposed Resolution
SB 784
15. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Deryl Loar, Vice Chairman
15.B.1. Quarterly Updates from County Administrator & County Attorney
C. Commissioner Susan Adams
D. Commissioner Joseph H. Earman
E. Commissioner Laura Moss
16. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
16.11.1. Final Pay to Biogas Engineering
Attachments: Biogas Final Invoice
C. Environmental Control Board
17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS
18. ADJOURNMENT
July 15, 2025
Page 5 of 6
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Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall
provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda,
including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which
the Board is to take action which was either not on the Board agenda or distributed to the public prior to the
commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a
verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal
will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda
is also available for review in the Board of County Commission Office, the Indian River County Main Library,
and the North County Library.
Commission Meetings are broadcast live on the County website under
IRCTV and the Cablecast Streaming App, available for download on
iOS App Store, Google Play Store, RO%U, Fire TV, and Apple Tib
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6.00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5: 00 p.m.
July 15, 2025
Page 6 of 6
s
6MILI
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
.�A MEMORANDUM
File ID: 25-0711 Type: Presentation / Proclamation Meeting Date: 7/15/2025
TO: The Honorable Board of County Commissioners
THROUGH: The Commission Office
FROM: Kimberly K. Moirano, Lead Commissioner Assistant
DATE: June 30, 2025
SUBJECT: Presentation of Proclamation Honoring David M. Gee On His Retirement
from the Indian River County Board of County Commissioners Department of Utility
Services, Wastewater Treatment
STAFF RECOMMENDATION
Recommend Read & Present.
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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Proclamation
HONORING DA VID M. GEE ON HIS RETIREMENT FROM THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPAR TMENT OF UTILITY SER VICES, WASTE WA TER TREA TMENT
-Whereas, David M. Gee retired from the Indian River County, Department of Utility Services,
Wastewater Treatment, effective July 31, 2025; and
Whereas, David M. Gee began his career with Indian River County in October, 1993, as
a Wastewater Plant Operator B in Utility Services/Wastewater Treatment where he continued in that
capacity until his retirement; and
-Whereas, David M. Gee has served this County and the Public with distinction and
selflessness. During his 32 years of service, he was dedicated, and his work was greatly appreciated
by the employer, citizens, and co-workers alike; and
Now, Therefore, be it Proclaimed by the Board of County Commissioners of
Indian River County, ,Florida, that the Board applauds David M. Gee's efforts on behalf of the
County, and the Board wishes to express their appreciation for the dedicated service he has given
to Indian River County for the last 32 years; and
Be it ,Further Proclaimed that the Board of County Commissioners and Staff extend
heartfelt wishes for success in his future endeavors!
Adopted this 15th day of July 2025. BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph E. Flescher, Chairman
Deryl Loar, Vice Chairman
Susan Adams
Joseph H. Earman
Laura Moss
Indian River County, Florida
*•`�OxioAs MEMORANDUM
71A
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
File ID: 25-0690 Type: Informational Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Susan J. Prado, Deputy County Attorney
DATE: June 20, 2025
SUBJECT: Notice of Second Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2022031525) - Project: Lucaya Pointe -
Developer: GRBK GHO LUCAYA POINTE, LLC
BACKGROUND
By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the
County Administrator or his designee, the authority to execute extensions to Contracts for Construction of
Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River
County, so long as the approval signature of the Public Works Director appeared on the extension document and
that notice of such extension is presented as an informational item on a future agenda of the Board of County
Commissioners.
For your information, a second extension document has been entered into between GRBK GHO LUCAYA
POINTE, LLC and Indian River County, whereby the date for completion of the roadway improvements to 41'
Street within County right-of-way relating to the Lucaya Pointe project has been extended to May 9, 2026.
Additionally, the supporting security consisting of Cash has been amended to extend the expiration date to May
9, 2026 now showing the cash deposited into escrow with the county in the amount of $8,652.54, as reflected in
the new certified cost estimate.
STAFF RECOMMENDATION
Informational only, no Board action required.
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
�xroA MEMORANDUM
File ID: 25-0691 Type: Informational Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Susan J. Prado, Deputy County Attorney
DATE: June 20, 2025
SUBJECT: Notice of Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2023050054) - Project: Vero West
Apartments - Developer: VERO WEST PARTNERS, LLC
BACKGROUND
By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the
County Administrator or his designee, the authority to execute extensions to Contracts for Construction of
Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River
County, so long as the approval signature of the Public Works Director appeared on the extension document and
that notice of such extension is presented as an informational item on a future agenda of the Board of County
Commissioners.
For your information, an extension document has been entered into between VERO WEST PARTNERS, LLC
and Indian River County, whereby the date for completion of the roadway improvements to 261 Street within
County right-of-way relating to the Vero West Apartments project has been extended to May 16, 2026.
Additionally, the supporting security consisting of Cash has been amended to extend the expiration date to May
16, 2026 now showing the cash deposited into escrow with the county in the amount of $135,179.05, as
reflected in the new certified cost estimate.
STAFF RECOMMENDATION
Informational only, no Board action required
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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Indian River County, Florida
* MEMORANDUM
'tioRioA
Indian RiverCoin
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
File ID: 25-0692 Type: Informational Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Susan J. Prado, Deputy County Attorney
DATE: June 20, 2025
SUBJECT: Notice of Second Extension to Contract for Construction of Required Roadway
Improvements (Re: Right -Of -Way Permit No. 2021091000) - Project: The Vivien
Apartments, City of Vero Beach - Developer: PARK POINTE APARTMENTS VERO,
LLC
BACKGROUND
By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the
County Administrator or his designee, the authority to execute extensions to Contracts for Construction of
Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River
County, so long as the approval signature of the Public Works Director appeared on the extension document and
that notice of such extension is presented as an informational item on a future agenda of the Board of County
Commissioners.
There are two separate contracts under the same ROW permit number, both have been extended for the second
time.
41 ST ST. NORTH CANAL WIDENING IMPROVEMENTS
For your information, a second extension document has been entered into between PARK POINTE
APARTMENTS VERO, LLC and Indian River County, whereby the date for completion of the roadway
improvements to 41st St. North Canal Widening Improvements within County right-of-way relating to The
Vivien Apartments, City of Vero Beach project has been extended to May 24, 2026. Additionally, the
supporting security consisting of Cash has been amended to extend the expiration date to May 24, 2026 now
showing the cash deposited into escrow with the county in the amount of $87,168.60, as reflected in the new
certified cost estimate.
RESTORATION REMOVAL OF TEMPORARY CONSTRUCTION ENTRANCE) TO _INDIAN RIVER
BLVD
For your information, a second extension document has been entered into between PARK POINTE
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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APARTMENTS VERO, LLC and Indian River County, whereby the date for completion of the roadway
improvements for the Restoration (Removal of Temporary Construction Entrance) to Indian River Blvd within
County right-of-way relating to The Vivien Apartments, City of Vero Beach project has been extended to May
24, 2026. Additionally, the supporting security consisting of Cash has been amended to extend the expiration
date to May 24, 2026 now showing the cash deposited into escrow with the county in the amount of
$11,400.17, as reflected in the new certified cost estimate.
STAFF RECOMMENDATION
Informational only, no Board action required.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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File ID: 25-0704
Indian River County, Florida
MEMORANDUM
/�
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Type: Informational Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Procurement Manager
DATE: June 27, 2025
SUBJECT: 2025 Annual Achievement of Excellence in Procurement ® (AEP) Award
BACKGROUND
Indian River County has been awarded the prestigious 2025 Annual Achievement of Excellence in
Procurement® (AEP) Award from the National Procurement Institute, Inc. (NPI).
ANALYSIS
The AEP Award recognizes organizational excellence in public procurement through a rigorous evaluation of
innovation, professionalism, productivity, leadership, and e -procurement practices. NPI recognized 216 public
and nonprofit agencies in North America this year, including 36 in Florida. This is the first year the county has
applied for the award, and we are one of 19 first time recipients.
Established in 1995, the AEP Award is open to all public and nonprofit organizations. The program's
comprehensive evaluation criteria promote continuous improvement and elevate procurement as a vital
contributor to good governance. The application is designed to encourage procurement professionals to go
beyond the minimum requirements as set yearly by the AEP Sponsors, and to recognize innovative programs
and solutions that exemplify outstanding achievements. The award not only focuses on practical, documented
work but also recognizes leadership and contributions that further advance the public procurement profession.
A list of all 2025 recipients can be found at https://www.nyi-aep.org/award-recipients.
BUDGETARY IMPACT
The cost to apply for the award was $495, which was paid from the General Fund/Procurement/Dues-
Memberships Account, GL 00121613-035420.
PREVIOUS BOARD ACTIONS
None
POTENTIAL FUTURE BOARD ACTIONS
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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None
STRATEGIC PLAN ALIGNMENT
Governance: Delivering high quality local government services and managing resources in a financially
responsible and sustainable manner, embracing accountability, transparency, innovation, performance, customer
service, and community engagement; the hallmarks of good governance.
OTHER PLAN ALIGNMENT
None
STAFF RECOMMENDATION
No action is required.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Indian River County, Florida
*•`�OxioA MEMORANDUM
File ID: 25-0715
7Y
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Type: Informational Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler, County Attorney
FROM: Christina Moore, C.Psy.D, ACP, Legal Assistant
DATE: July 1, 2025
SUBJECT: Early Learning Coalition Board Vacancy
BACKGROUND
On or About March 13, 2025, we received a letter from the Early Learning Coalition (ELC) requesting that the
Board of County Commissioners (BCC) appoint an individual to serve on the ELC's board pursuant to Florida
Statutes §1002.83. In past appointments, the BCC has appointed individuals from various community
organizations, such as Treasure Coast Homeless Services and The Learning Alliance.
Anyone interested in serving on the Early Learning Coalition as a Board Member, will need to submit an
application and resume to the Board of County Commissioners. Application forms can be accessed online at
<httys://ircgov.granicus.com/boards/forms/23 I /apply.
BUDGETARY IMPACT
None
STAFF RECOMMENDATION
None - This is an Informational Item
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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Early Learning Coalition
Indian River • Martin • Okeechobee
Leigh Glunta, Chair
March 12, 2025
Brian Bauer
Dr. Heather Belmont
The Honorable Joseph Flescher
DawnaGuiel
Chairman, District 2
Indian River Board of County Commissioners
Rachna Handa
180127th Street
Dave Heaton
Vero Beach, FL 32960
FrankllnJohnson
Kresta King
Robert McPartlan
Dr. Tracey Miller .
Anne Posey
Avida Rosa
Lorie Rudolph
Miranda Swanson
Bill West
Chief Executive officer
Marsha B. Powers
Proudly supported By:
Or•wwpia...
Dear Commissioner Flescher:
As mandated by 1002.83, Florida Statute, the Early Learning Coalition's Board must include a
member appointed by the Board of County Commissioners or governing board of a
municipality. We ask that you please submit the name of your appointee by April 28, 2025.
We encourage you to visit our website at www.elcirmo.ore for more information about the
Coalition. Once we receive the contact information for your appointee, an orientation will
be scheduled.
Thank you for your attention to this matter. Please feel free to contact Loretta Toth at
772-223-3832 or ltoth elcirmo.ore with any questions.
Sincerely,
1�iX4,44 him
Marsha B. Powers
Chief Executive Officer
MBP/It
—
Select Year: 2024 v GO
The 2024 Florida Statutes (including 2025 Special Session Q
Title XLVIII Chapter 1002 View Entire
EARLY LEARNING -20 STUDENT AND PARENTAL RIGHTS AND Chapter
EDUCATION CODE EDUCATIONAL CHOICES
1002.83 Early learning coalitions.—
(1) Thirty or fewer early learning coalitions are established and shall maintain direct enhancement services at
the local level and provide access to such services in all 67 counties. Two or more early learning coalitions may join
for purposes of planning and implementing a school readiness program and the Voluntary Prekindergarten Education
Program.
(2) Each early learning coalition shall be composed of at least 15 members but not more than 30 members.
(3) The Governor shall appoint the chair and two other members of each early learning coalition, who must
each meet the qualifications of a private sector business member under subsection (6). In the absence of a
governor -appointed chair, the Commissioner of Education may appoint an interim chair from the current early
learning coalition board membership.
(4) Each early learning coalition must include the following member positions; however, in a multicounty
coalition, each ex officio member position may be filled by multiple nonvoting members but no more than one
voting member shall be seated per member position. If an early learning coalition has more than one member
representing the same entity, only one of such members may serve as a voting member:
(a) A Department of Children and Families regional administrator or his or her permanent designee who is
authori7district
d to make decisions on behalf of the department.
(b) superintendent of schools or his or her permanent designee who is authorized to make decisions
on behalf of the district.
(c) A local workforce development board executive director or his or her permanent designee.
(d) A county health department director or his or her designee.
(e) A children's services council or juvenile welfare board chair or executive director from each county, if
applicable.
(f) A Department of Children and Families child care regulation representative or an agency head of a local
licensing agency as defined in s. 402.302, where applicable.
(g) A president of a Florida College System institution or his or her permanent designee.
(h) One member appointed by a board of county commissioners or the governing board of a municipality.
(i) A Head Start director.
(j) A representative of private for-profit child care providers, including private for-profit family day care
homes.
(k) A representative of faith -based child care providers.
(l) A representative of programs for children with disabilities under the federal Individuals with Disabilities
Education Act.
(5) If members of the board are found to be nonparticipating according to the early learning coalition bylaws,
the early learning coalition may request an alternate designee who meets the same qualifications or membership
requirements of the nonparticipating member.
(6) The early learning coalition may appoint additional members whCmust be private sector business members,
either for-profit or nonprofit, who do not have, and none of whose relatives as defined in s. 112.3143 has, a
17
substantial financial interest in the design or delivery of the Voluntary Prekindergarten Education Program created
under part V of this chapter or the school readiness program. The department shall establish criteria for appointing
private sector business members. These criteria must include standards for determining whether a member or
relative has a substantial financial interest in the design or delivery of the Voluntary Prekindergarten Education
Program or the school readiness program.
(7) A majority of the voting membership of an early learning coalition constitutes a quorum required to conduct
the business of the coalition. An early learning coalition may use any method of telecommunications to conduct
meetings, including establishing a quorum through telecommunications, provided that the public is given proper
notice of a telecommunications meeting and reasonable access to observe and, when appropriate, participate.
(8) A voting member of an early learning coalition may not appoint a designee to act in his or her place, except
as otherwise provided in this subsection. A voting member may send a representative to coalition meetings, but
that representative does not have voting privileges. When a regional administrator for the Department of Children
and Families appoints a designee to an early learning coalition, the designee is the voting member of the coalition,
and any individual attending in the designee's place, including the district administrator, does not have voting
privileges.
(9) Each member of an early learning coalition is subject to ss. 112,313, 112. 135, and 112.3143. For purposes
of s. 112. 14 (3)(a), each voting member is a local public officer who must abstain from voting when a voting
conflict exists.
(10) For purposes of tort liability, each member or employee of an early learning coalition shall be governed by
s. 768.28.
(11) An early learning coalition serving a multicounty region must include representation from each county.
(12) Each early learning coalition shall establish terms for all appointed members of the coalition. The terms
must be staggered and must be a uniform length that does not exceed 4 years per term. Appointed members may
serve a maximum of two consecutive terms. When a vacancy occurs in an appointed position, the coalition must
advertise the vacancy.
(13) State, federal, and local matching funds provided to the early learning coalitions may not be used directly
or indirectly to pay for meals, food, or beverages for coalition members, coalition employees, or subcontractor
employees. Preapproved, reasonable, and necessary per diem allowances and travel expenses may be reimbursed.
Such reimbursement shall be at the standard travel reimbursement rates established in s. 112.061 and must comply
with applicable federal and state requirements.
(14) Each early learning coalition shall complete an annual evaluation of the early learning coalition's executive
director or chief executive officer on forms adopted by the department. The annual evaluation must be submitted
to the commissioner by August 30 of each year.
(15) Each school district shall, upon request of the coalition, make a list of all individuals currently eligible to
act as a substitute teacher within the school district, pursuant to rules adopted by the school district pursuant to s.
1012.35, available to an early learning coalition serving students within the school district. Child care facilities as
defined in s. 402.302 may employ individuals listed as substitute instructors for the purpose of offering the school
readiness program, the Voluntary Prekindergarten Education Program, and all other legally operating child care
programs.
(16) Each early learning coalition shall adopt a best -practices plan for transitioning prekindergarten students
into kindergarten. The plan must provide for:
(a) Opportunities for prekindergarten students and their parents to visit schools in which they may be enrolled
in kindergarten.
(b) Written information for parents on school registration and academic and social expectations for
kindergarten.
(c) Meetings at least annually with school districts and charter schools in the coalition's service area to identify
and address areas for improvement in transitioning prekindergarten students into kindergarten.
(d) Transferring prekindergarten student information for continuity in:progress monitoring and the provision of
supports.
18
The office shall provide guidelines for successful kindergarten transitions to early learning coalitions, school
districts, charter schools, and parents to assist with the implementation of this subsection.
History.—s. 17, ch. 2013-252; s. 177, ch. 2014-17; s. 46, ch. 2016-216; s. 26, ch. 2020-144; s. 8, ch. 2021-9; s. 50, ch. 2021-10.
Copyright ®1995-2025 The Florida Legislature • Privacy Statement • Contact Us
19
7
Indian River C unty
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
ioA MEMORANDUM
File ID: 25-0746 Type: Informational Report Meeting Date: 7/15/2025
TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Michael C. Zito, Deputy County Administrator
FROM: Beth Powell, Parks, Recreation, & Conservation Director
DATE: July 3, 2025
SUBJECT: Designating the Month of July 2025, as Parks & Recreation Month and
July 18, 2025, as Parks and Recreation Professionals' Day
STAFF RECOMMENDATION
No action required
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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PROCLAMATION
DESIGNATING THE MONTH OF JULY 2025, AS
PARKS AND RECREATION MONTH AND DESIGNATING
JULY 18, 2025, AS PARKS AND RECREATION PROFESSIONALS' DAY
WHEREAS, Parks and Recreation Month was established in 1985 and celebrates its 40t' year in the state of
Florida and nationwide; and
WHEREAS, County Parks and Conservation Areas preserve the ecological beauty of our community, improve
water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing, and provide open
green space for people and valuable habitat for wildlife; and
WHEREAS, Indian River County is fortunate to have many beautiful parks, playgrounds, ballfields, golf
courses, disc golf courses, swimming facilities, nature trails, beaches, fairgrounds, campgrounds, intergenerational
recreational facilities, a shooting range, and open spaces, which make our community a more attractive and desirable
place to live, work and play; as well as to contribute to our ongoing economic vitality through enhancing property values,
increased tourism, the attraction of visitors and recreational events; and
WHEREAS, services that parks and recreation professionals provide are vital for our communities — from
protecting open space and natural resources to providing wellness and mental health benefits for all people. Parks and
Recreation Month encourages everyone to reflect on the exponential value parks and recreation professionals bring to
communities; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the Board of County Commissioners values the essential services that parks and recreation
professionals and volunteers perform to provide recreational activities that build healthy, active communities that aid
in the prevention of chronic disease, and also improve the mental and emotional health of all citizens; and
NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, that the Board designates July as Parks and Recreation Month (Where You Belong),
and July 18, 2025, as Parks and Recreation Professionals Day and encourages all citizens to celebrate by
participating in the diverse activities offered through the many facilities and places provided by Indian River County.
Adopted this the 15th day of July 2025 BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
Joseph E. Flescher, Chairman
Deryl Loar, Vice Chairman
Susan Adams
Joe Earman
Laura Moss
21
?A
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
„< Vero Beach, Florida 32960
indianriver.gov
MEMORANDUM
File ID: 25-0707 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: BOARD OF COUNTY COMMISSIONERS
THROUGH: John A. Titkanich, Jr., County Administrator
Kristin Daniels, Director, Office of Management and Budget
FROM: Jennifer Hyde, Procurement Manager
DATE: June 30, 2025
SUBJECT: Authorization to Increase Blanket Purchase Orders to Everglades and Dyer
Chevrolet
BACKGROUND
Blanket Purchase orders are issued at the request of departments to enable as needed purchases over the course
of the fiscal year. The Procurement Manager may approve purchase orders up to $35,000 (not associated with a
bid or contract), and the Administrator is authorized in Section 105.01 of the County Code to approve purchase
orders up to $75,000.
ANALYSIS
The needs of some departments may exceed the Administrator's approval authority during the course of a fiscal
year. Many of these purchases reflect needs that are not easily addressed through the bid process, and therefore
a waiver of the requirement for bids is reasonable and necessary.
As additional funds are needed on each Purchase Order, a change order request is entered, and is authorized by
the department, the Budget Office, and Procurement Division. Waiver of the requirement for bids and pre-
authorization of the Purchase Orders by the Board will ensure the Purchase Orders can be increased
expeditiously, after confirmation of the availability of funds in the appropriate account by the Budget Office.
BUDGETARY IMPACT
Funds are, or will be made, available, as indicated.
PO# 100891 - Auto Partners LLC (Dyer Chevrolet) - Sublet repairs to County vehicles
Justification: Aged vehicles are requiring more extensive repairs, which cannot be executed in house.
Account Name: Fleet/Vehicle Maintenance/Other Contractual Services
Account Number: 50124291-033490
Current Amount Encumbered
Total Amount Anticipated for FY 24/25
mount Spent FY 23/24
$150,000
$175,000
$81,588
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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PO# 100898 - EFE, Inc. (Everglades Equipment Group) - Parts for Inventory
Justification: Inventory/as needed parts for County vehicles, with cost charged back to owning department
Account Name: Fleet/Vehicle Maintenance/Inventory Parts
Account Number: 50124501-141024
Current Amount Encumbered
Total Amount Anticipated for FY 24/25
mount Spent FY 23/24
$70,000
$95,000
$70,000
PREVIOUS BOARD ACTIONS
N/A
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
Unknown
OTHER PLAN ALIGNMENT
Unknown
STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners waive the requirement for bids and authorize increases
to the listed Purchase Orders, as approved by Budget.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Indian River County, Florida
�10y'
* MEMORANDUM
9�
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indionriver.gov
File ID: 25-0753 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
FROM: Kathy Copeland, Legislative Affairs and Communications Manager
DATE: July 9, 2025
SUBJECT: Lobbyist Contract for Legislative Session
BACKGROUND
Since February 17, 2015, Anfield Consulting, Inc., has assisted Indian River County with various legislative
issues, grant application preparation, and obtaining funding for water projects. In January 2025, Staff
recommended a six month contract with Anfield as the group was in the process of a name change to Arrow
Group Consulting, Inc., and became a subsidiary of Gunster law firm. The transition has gone smoothly and
County Administration staff recommends continuing with Arrow Group Consulting, Inc., for the remainder of
this fiscal year and for Fiscal Year 2025/2026. Thus, the total of the contract for the 15 month period will be
$150,000, payable in increments of $10,000 monthly.
The legislative process begins early next year, January 13, 2026, and Committee Weeks will begin in
September. Additionally, legislative bills are anticipated to begin being filed in August. County staff has also
been interacting with our lobbying concerning administrative with state agencies, such as the Department of
Environmental Protection and the Department of Emergency Management.
BUDGETARY IMPACT
Funds are budgeted for this fiscal and have been included for the next fiscal year to cover the costs of this 15
month contract. Funds are available in the General Fund/BCC Office/Other Professional Services account,
number 00110111-033190.
PREVIOUS BOARD ACTIONS
January, 2025 entered into an agreement with Arrow Group Consulting, LLC, for lobbying services through
June 30, 2025.
STRATEGIC PLAN ALIGNMENT
Governance
STAFF RECOMMENDATION
Staff respectfully recommends the Board of County Commission enter into an agreement with Arrow Group
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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Consulting, LLC, for lobbying services through September 30„ 2026, for the contract amount of $150,000, and
authorize the County Administrator to execute the agreement after review and approval of the County Attorney.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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U ` ARR0WG_'P'(_),1,JP
AGREEMENT FOR PROFESSIONAL SERVICES
This contract for professional services (hereinafter referred to as "Agreement") is by and
between Arrow Group Consulting, LLC a privately -owned Limited Liability Company
registered in the State of Florida (hereinafter referred to as "ARROW"), and Indian River
County of the State of Florida (hereinafter referred to as "CLIENT"). ARROW and
CLIENT shall collectively be referred to as the "Parties."
(11) Services: ARROW shall assist the CLIENT with lobbying all relevant issues before
the State Legislature and the Executive Branch including all relative agencies. Specific
services shall include tracking of legislation impacting the County, drafting legislation as
needed, securing sponsors for bills and amendments and passage of same. Promoting and
securing appropriations for projects as requested. In addition, ARROW shall serve as a
representative and spokesperson in meetings with state, regional and local governmental
entities, members of the Florida Legislature, executive and legislative branch staff, and
other stakeholders in Florida.
All representations made by ARROW on CLIENT'S behalf shall be subject to prior
approval by CLIENT'S authorized representative John Titkanich, County Administrator,
or his designee.
Q Term and Compensation: The term of this Agreement will commence upon
execution. The CLIENT will pay ARROW the sum total of sixty thousand dollars ($150,000)
to perform the services specified in Section (1) (the total sum may also be referred to as the
"fee"). Fee payment shall be made as follows: fifteen (15) payments of ten thousand dollars
($10,000). Each shall be payable monthly beginning with the following month, and upon
receipt of an invoice from ARROW. All payments will be made by check or money order
consistent with Section (3) of this Agreement.
After consultation and with prior approval from CLIENT, ARROW may retain the services
of third parties as necessary to successfully complete all assignments from CLIENT. Unless
otherwise agreed to by CLIENT any additional representation shall be included under the
terms of this agreement.
The retainer and monthly fee payable to ARROW covers all incidental costs or fees related
to services provided by subcontractors identified by ARROW and authorized by CLIENT
for retention such as regular U.S. mail, copies, and telephone. However, ARROW shall be
entitled to reimbursement in addition to the retainer and monthly fee for those additional
expenses including but not limited to business travel, lodging, state or local lobbying
registration or renewal fees, express mail costs, costs of preparing presentation materials
needed to represent the CLIENT, and similar related costs during the term of the agreement.
ARROW will discuss such expenditures before incurring them and to receive prior
authorization for said expenses from CLIENT'S authorized representative, John Titkanich,
County Administrator.
Page 1 of 3
26
Issuance of Payments and Notice: CLIENT shall make checks payable to Arrow
Group Consulting, LLC. and send payment(s) to: 215 South Monroe St., Suite 601,
Tallahassee, FL 32301. All written notices from CLIENT to ARROW shall also be sent
to this 'address.
Renewal and Termination: This Agreement may be modified or extended only by a
written document signed by both Parties. Conversely, either Party may terminate this
Agreement prior to the date (if applicable) established in section (2) of this Agreement by
providing written notice to the other Party thirty (30) days prior to the desired date of
termination. CLIENT shall pay ARROW for any and all services and CLIENT approved
expenses during the term of this Agreement up to and until the established date of
termination. In the event of early termination, the final amount to be paid shall be
established on a pro -rata basis based on number of business days in a calendar year. If
retainer and monthly fee exceed the pro -rata amount due, ARROW shall remit the
difference within 30 days of termination in a check or money order payable to: Indian
River County.
(5) Governing This Agreement is executed in the State of Florida and shall be
construed, interpreted, and governed by the laws of such state, and by all applicable laws
of the United States of America.
ffi ARROW understands Florida has very broad public records laws. ARROW agrees
to comply with any request for this public records or documents related to this Agreement,
in accordance with Section 119.07, Florida Statutes. Upon such a request, the CLIENT or
ARROW, as the case may be, will promptly inform the other Party of the request and, upon
request of the other Party, provide electronic copies of the responsive public records
provided, at no additional cost to the CLIENT or ARROW, as the case may be. ARROW
agrees and understands any written communications with ARROW, to include emails,
email addresses, a copy of this contract, and any supporting Contract documentation are
subject to public disclosure upon request, unless otherwise exempt or confidential under
Florida Statute.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT: Indian River County Office of the County
Attorney, 1801 27th Street, Vero Beach FL, 32960, (772)226-1424,
publicrecords@indianriver.gov..
Q E -VERIFY: ARROW 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, FS. ARROW is also responsible for obtaining proof of E -Verify registration and
utilization for all subconsultants (as utilized for this project.)
M Agreement Execution: The Parties, after reviewing, reading, and understanding the
contents of this document, do hereby execute this Agreement by their respective signatures.
This Agreement is effective as of the date of the last signature below.
27
For the Arrow Group Consulting, LLC:
Albert Balido, Managing Member
For Indian River County:
Page 2 of 3
Date Executed
28
John Titkanich, County Administrator Date Executed
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
Jennifer Shuler, County Attorney
Page 3 of 3
�pl
�1f�1�±k�iYliF:
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Indian River County, Florida
MEMORANDUM
Type: Consent Staff Report
Board of County Commissioners
John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler, County Attorney
Christopher A. Hicks, Assistant County Attorney
June 30, 2025
7�_
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
Renewal of Agreement with SteepSteel, LLC for Telecom Services
BACKGROUND
On September 15, 2020, Indian River County entered an Agreement with SteepSteel, LLC to manage telecom
lease contracts and infrastructure for the County. The term of the contract was for 5 years with an option for an
additional five-year renewal at the County's option. SteepSteel has worked cooperatively with County staff for
first the five years and has been a valuable asset on all issues relating to our tower infrastructure. James with
SteepSteel has been an invaluable resource to staff on all matters related to real estate and telecom issues.
ANALYSIS
The Notice of Intent to Renew will allow the Agreement to be continued for an additional five years. Based
upon the performance during the initial term it is recommended that the agreement be extended.
BUDGETARYIMPACT
The funding of this Agreement comes directly from the leases SteepSteel manages and will be paid out of the
Tower Expenses account in the associated department.
PREVIOUS BOARD ACTIONS
The Board approved the initial Agreement on September 15, 2020.
POTENTIAL FUTURE BOARD ACTIONS
None
STAFF RECOMMENDATION
The County Attorney recommends that the Board approve the extension of the contract with SteepSteel, LLC.
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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NOTICE OF INTENT TO RENEW PROFESSIONAL SERVICES AGREEMENT
NOW on this day of July 2025, pursuant to Section 2 of the Professional Services Agreement
between Indian River County, a Political Subdivision of the State of Florida ("County"), and SteepSteel,
LLC ("SteepSteel"), dated September 15, 2020 ("PSA"), the County hereby provides SteepSteel notice of
its election to exercise the Renewal Option to extend the PSA for an additional term of five (5) years from
September 15, 2025.
All terms of the September 15, 2020 Agreement remain in full force and effect for the duration of
the Agreement.
AGREED AND ACCEPTED:
SteepSteel, LLC Indian River County
James Kennedy, Manager Joseph E. Flescher, Chairman
Date:
John A, Titkanich, Jr., County Administrator
Approved as to form and legal sufficiency
Christopher Hicks, Assistant County Attorney
Ryan Butler, Clerk of the Court
And Comptroller
Attest:
, Deputy Clerk
31
Indian River County, Florida
MEMORANDUM
File ID: 25-0688 Type: Consent Staff Report
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Nancy A. Bunt, Assistant County Administrator
Addie Javed, P.E., Public Works Director
Adam Heltemes, P.E., Roadway Production Manager
Richard Reichenbach, P.E., Project Engineer
FROM: Jill Williams, Contract Support Specialist
DATE: June 20, 2025
9-0
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Final Payment, Release of Retainage and Change Order No. 4 (IRC -1505)
Construction of 66' Avenue Roadway Widening (49' Street to 69' Street)
IRC -1505, FDOT FM 436379-1-54-01 & 436379-1-54-02
BACKGROUND
On April 26, 2021, the Board of County Commissioners awarded Bid No. 2021018 to Halley Engineering
Contractors, Inc. in the amount of $32,728,137.85 for roadway improvements for 66th Avenue from 49th Street
to 69th Street which consists of the widening and reconstruction of the existing roadway to a 4 -lane divided
roadway section with 5 bridges located within the project limits. Also included are five-foot bike lanes,
stormwater drainage improvements, pavement markings, traffic signals and landscape and irrigation
improvements.
ANALYSIS
Change Order No. 4 is to make final adjustments to the current contract price of $34,329,232.34 for a decrease
to the contract by $1,322,311.29 resulting in a final contract price of $33,006,921.05 and to make final contract
time adjustments.
Halley Engineering Contractors, Inc. has completed the project and has been paid $31,550,006.87with
$1,660,526.68 held in retainage. Halley Engineering Contractors, Inc. has submitted Contractor's Application
for Payment 1505-49 FINAL in the amount $1,456,914.18 ($1,660,526.68 for retainage and ($203,612.50) for a
final payment due of $1,456,914.18).
BUDGETARY IMPACT
Funding in the amount of $1,456,914.18 is budgeted and available from the following accounts:
Account Name: Optional Sales Tax/66t' Ave/49th St - 69th St
Account Number: 31521441-066510-07806
Amount: ($203,612.50)
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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Account Name: Traffic Impact Fees/District 2/66'
Account Number: 102-206002-07806
Account Amount: $302,776.22
Account Name: Traffic Impact Fees/District 1/66'
Account Number: 104-206000-07806
Amount: $228,326.36
Ave (49th St - 69th St)/Retainage-Halley Eng Contractors
Ave (49th St - 69th St)/Retainage - Halley Eng Contractors
Account Name: Optional Sales Tax/661 Ave (49th St - 6911 St)/Retainage - Halley Eng Contractors
Account Number: 315-206001-07806
Amount: $1,129,424.10
PREVIOUS BOARD ACTIONS
Three change orders have been approved by the Board of County Commissioners to date. Change Order No. 1
incorporated redesign of the 66' Avenue Bridge over the North Relief Canal for a reduction to the contract total
in the amount of $55,000.00 and was approved on September 21, 2021. Change Order No. 2 was approved on
April 12, 2022 and provided construction of a modified bridge design to widen 53' Street Bridge over Lateral
A Canal from 3 -lanes to 5 -lanes in the amount of $841,817.35. Change Order No. 3 provided construction of a
signalized intersection at 66th Avenue and 53rd Street to improve safety in the amount of $814,277.14 and was
approved by the Board on January 31, 2023. The contract total after approval of all three change orders is
$34,329,232.34.
STAFF RECOMMENDATION
Staff recommends approval of Change Order No. 4 and payment of Contractor's Application for Payment No.
1505-49 FINAL in the amount of $1,456,914.18, once all subcontractor final lien releases have been received.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
powered by legistar"1 33
SECTION 00942 - Change Order Form
No. 04
DATE OF ISSUANCE: 06/19/2025 EFFECTIVE DATE:07/15/2025
OWNER: Indian River County
CONTRACTOR Halley Engineering Contractors, Inc.
Project: 66th Avenue Roadway Widening (49t' Street to 69th Street)
OWNER's Project No. IRC -1505
FM NO: 436379-1-54-01 8436379-1-54-02 OWNER'S Bid No. 2021018
You are directed to make the following changes in the Contract Doduments:
Reason for Change Order:
The project is complete. This change order is intended to make final adjustments to bid line
items and time to finalize the contract.
Attachments:
Description of Itemized Changes
CHANGE IN CONTRACT PRICE:
Description
Amount
Original Contract Price
$32,728,137.85
Net Increase from previous
Change Orders No. 01 to 03:
$1,601,094.49
Contract Price prior to this Change
Order:
$34,329,232.34
Net decrease of this Change
Order:
($1,322,311.29)
Contract Price with all approved
Change Orders:
$33,006,921.05
ACCEPTED:
By:
CONTRACTOR (Signature)
Date:
CHANGE IN CONTRACT TIMES
Time
-Description
Original Contract Time:
(days or dates)
Substantial Completion:
720
Final Completion:
750
Net change from previous Change
Orders No. 01 to 03:
(days)
Substantial Completion:
60
Final Completion:
60
Contract Time prior tc this Change
Order:
(days or dates)
Substantial Completion:
780
Final Completion:
810
Net increase (decrease) this
Change Order:
(days or dates)
Substantial Completion:
657
Final Completion:
657
Contract Time with all approved
Change Orders:
(days or dates)
Substantial Completion:
1,437
Finall Completion:
1,467
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By: r - — - I
OWNER (Signature)
Date:
00942 - Change Order Form REV 04-07
00942-1
F:\Public Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widening 49th St to 69th St\1-Admin\Agenda Items\Poject Closeout\00942 -Change Order Form REV 34
04-07.doc Rev. 05/01
CHANGE ORDER NO.4
DESCRIPTION OF ITEMIZED CHANGES
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 2021013
007 - 1A Road
01201 -REGULAR EXCAVATION
CY
529
3.50
1,851.50
017 - 1A Road
0337 7 82 - ASPHALTIC CONCRETE FRICTION COURSE, TRAFFIC
C FC -9.5 PG 76-22 WCD004
TN
499.30
125.00
62 412.50
018 - 1A Road
0339 1 - MISCELLANEOUS ASPHALT PAVEMENT
TN
4.20
250.00
1,050.00
066 -1A Road
IRC 5 - RELOCATE EXISTING FENCE
LF
2
13.00
26.00
069 - 1A Road
0700 20 11 - SINGLE POST SIGN F&I LESS THAN 12 SF
AS
3
350.00
1,050.00
071 - 1A Road
0700 1 50 - SINGLE POST SIGN RELOCATE
AS
1
1,400.00
1,400.00
075 - 1A Road
0711 11111 - THERMOPLASTIC STANDARD WHITE SOLID 6"
NM
0.02
5,300.00
106.00
082 - 1A Road
0711 14170 - THERMOPLASTIC STANDARD WHITE ARROW
EA
4
115.00
460.00
098 - 1A Road
0630 2 11A - 2 - 2" PVC SIGNAL CONDUIT W/ 96 -FIBER CABLE (50'
COIL IN BOXES) OPEN TRENCH
LF
1
8.00
8.00
099 - 1A Road
0630 2 12A - 2 - 2" PVC SIGNAL CONDUIT W/ 96 -FIBER CABLE (50'
COIL IN BOXES) DIRECTIONAL DRILL
LF
613
19.00
11 647.00
173 - 1B Road
120-1 -REGULAR EXCAVATION
CY
32
3.50
112.00
180 - 1 B Road
327-70-01 - MILLING EXISTING ASPHALT PAVEMENT (1" AVG.
DEPTH)
SY
794
15.00
11 910.00
182 - 1 B Road
337-7-82 - ASPHALTIC CONCRETE FRICTION COURSE (FC -9.5)
TRAFFIC C 1"
TN
847
125.00
105 912.50
183 - 1B Road
339-1 - MISCELLANEOUS ASPHALT PAVEMENT
TN
2.6
250.00
650.00
185 - 113 Road
400-2-2 - CLASS II CONCRETE ENDWALL
CY
2.2
1735.00
1 3,817.00
208 -1 B Road
430-175-115 - PIPE CULVERT RCP ROUND 15" SS
LF
11
59.00
649.00
209 - 1B Road
430-175-118 - PIPE CULVERT RCP ROUND 18" SS
LF
93
76.00
7,068.00
227 - 1 B Road
430-982-123 - MITERED END SECTION CONC. 15" CD
EA
2
'_417.00
2,834.00
254 - 1 B Road
633-1-123 - FIBER OPTIC CABLE (F & 1) (UNDERGROUND) (49-96
FIBERS)
LF
391
3.00
1,173.00
263 - 1 B S&M
706-3 - RETRO -REFLECTIVE PAVEMENT MARKERS
EA
1
4.50
4.50
273 - 1 B S&M
711-11-221 - THERMOPLASTIC STD YELLOW SOLID 6"
LF
1 7
1.00
7.00
276 - 1 B Sin
630-2-11 - CONDUIT SIGNAL F & I OPEN TRENCH
LF
425
16.00
6,800.00
CO -3 635-2-11
PULL & SPLICE BOX F & I SIGNAL
EA
1
1,680.00
1,680.00
WCDO06
MOB & DEMOB CLEARING & GRUBBING
LS
1
12,600.00
12 600.00
WCDO07
MANHOLE INCREASE
LS
1
2665.16
2,665.16
WCDO08
MANHOLE INCREASE
LS
1
5560.54
1 5560.54
WCDO09
66" RCP EXTRA- FDOT NON
LS
1
1 084.80
18 084.80
WCDO10
IRESET TOP OF INLET S-305
LS
1
3,960.42
3,960.42
WCD011
RESET INLET S-101 1A
LS
1
1.797.21
1,797.21
WCDO12 021-
1A ROAD
0425 1 351 INLETS CURB TYPE P-5 <10' FDOT NON -PART
EA
4
1 5 187.00
20 748.00
WCDO12 026-
1A ROAD
0425 2 41 MANHOLES P-7 <10' FDOT NON PART
EA
1
4,760.00
4,760.00
F:\Publk: Worke\ENGINEERING DIVISION PROJECTS\1505-66th Aye Widering_49th St tc 69th SM-Adn* Agerde Items\Project Closwut\WOWJP4G FOLDERURC-1505_DESC OF CNGS CO 1
35
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 2021018
WCDO12 033-
0430 175 118 PIPE CULVERT, RCP, ROUND, 18" S/CD FDOT NON -
1A ROAD
PARTICIPATING
LF
253
86.00
21758.00
WCDO12 035-
0430 175 124 PIPE CULVERT, RCP, ROUND, 24" S/CD FDOT NOW
1A ROAD
PARTICIPATING
LF
59
102.00
6,018.00
WCDO12 NEW
ITEM NO 1
0425 146 5 INLETS CURB TYPE J-6 PARTIAL FDOT NON -PART
EA
1
4,875.00
4,875.00
WCDO12 NEW
ITEM NO 2
10425 1551 18 INLET TYPE E <10' FDOT NON -PARTICIPATING
EA
5
5,324.28
26 621.40
WCDO13
REPLACE HEADWALL W/TYPE C DBI - NON PART
LS
1
5,372.06
6,372.06
WCDO14 195-
1B ROAD
425-1-521 INLETS DT BOT TYPE C <10' FDOT NON -PART
EA
5
3,200.00
16 000.00
WCDO14 197-
1 B ROAD
425-531 INLETS DT BOT TYPE C MOD <10' FDOT NON PART
EA
2
3,250.00
6,500.00
WCDO14 198-
1 B ROAD
425-1-541 INLETS DT BOT TYPED <10' FDOT NON -PART
EA
4
3,950.00
15 800.00
WCDO14 205-
1 B ROAD
425-2-61 MANHOLES (P-8)(<10) FDOT NON -PART
EA
2
4,600.00
9,200.00
WCDO14 207-
1B ROAD
425-2-72 MANHOLES J-7 >10' FDOT NON -PART
LF
1
13 500.00
13 500.00
WCDO14 208-
18 ROAD
430-175-115 PIPE CULVERT RCP ROUND) (15'SS) FDOT NON
EA
65
59.00
3.835.00
WCDO14 227-
1B ROAD
430-982-123 MITERED END SECTION CONC) (15'CD) FDOT NON
EA
1
1,417.00
1,417.00
WCDO15
IPRICE ADJ BITUMINOUS MAT'L FDOT PARTICIPATING
LS
1
20 839.92
20 839.92
WCDO16 173-
1 B ROAD
120-1 REGULAR EXCAVATION - FDOT NON -PART
CY
890
3.50
3,115.00
WCDO16 NEW
PAY ITEM
LUMP SUM LABOR & EQUIP INSTALL TOE OF EACH PANEL ADD'L
LS
1
42 971.44
42 971.44
WCDO16 314 -
1B 61ST B
400-2-5 CONCRETE CALSS II SUBSTRUCTURE
LB
1
1,260.00
1,260.00
WCDO16 319 -
1B 61ST B
415-1-5 REINFORCING STEEL - BRIDGE SUBSTRUCTURE
LS
8,064
2.00
16 128.00
WCDO16 330-
16 65TH B
400-2-5A CONCRETE CLASS II SUBSTRUCTURE
CY
1
1,260.00
1,260.00
WCDO16 335-
1B 65TH B
415-1-5A REINFORCING STEEL - BRIDGE SUBSTRUCTURE
LB
8,064
1.50
12 096.00
WCDO17
IRESET DRAINAGE STR SS-311A-FDOT NON PART
LS
1
3,745.34
3,745.34
WCDO18
ADJ FOR BITUMINOUS MAT'L 7/1/2022 -12/31/2022 FDOT PART
LS
1
54 868.71
54 868.71
WCDO19
700-2-12 MULTI -POST SIGN (F&I) (12-20SF FDOT NON -PART
EA
2
4,400.00
8,800.00
FURNISH & INSTALL TWO LARGER PULL BOXES (17"X30") AT
WCD020
57TH & 69TH - FDOT NON -PARTICIPATING
LS
1
2.070.00
2,070.00
WCD023 054-
0522-2 SIDEWALK CONCRETE 6" THICK FDOT NON
1A ROAD
PARTICPATING
SY
2,390
38.25
91 428.21
WCD023 235-
0522-2 SIDEWALK CONCRETE, 6" THICK FDOT NON
1B ROAD
IPARTICIPATING
SYS
2,096
38.25
80168.94
WCD024
0536-73 GUARDRAIL REMOVEL - FDOT NON PARTICIPATING
EA
1,176
5.00
5,880.00
WCD025
ADJ FOR BITUMINOUS MAT'L 1/1/2023 - 3/31/2023 FDOT PART
LS
1
tO 951.86
10 951.86
ABANDON EXISTING WELL AT STA 392+24,16' RT (65TH ST
WCD027
INTERSECTION) FDOT NON -PARTICIPATING
LS
1
7,568.45
7,568.45
PERFORM THERMAL INTEGRITY PROFILING (TIP) TESTING OF
DRILLED SHAFT #4 AT THE SW CORNER OF 57TH ST & 66TH
WCD028
AVE
LS
1
2,083.73
2,083.73
INCORPORATE PLAN REVISION #19 BRIDGE WHICH
DECREASED THE WIDTH OF THE CORNER ABUTMENT PANELS
WCD029
M 61ST & 65TH STREET BRIDGES
LS
1 1
11 598.37
11 598.37
REIMBURSEMENT OF IDLE EQUIPMENT AT 61ST ST BRIDGE
WCD030
WHILE RECASTING 4 NEW CORNER PANELS
LS
1
49 699.20
49 699.20
RELOCATE PREVIOUSLY PLACED DRAINAGE STRUCTURE SS-
WCD031
329 AND 32 LF 18" RCP AT ST 206+80
LS
1
3,686.93
3,686.93
REGRADE ALONG 66TH AVE BETWEEN STA 329+00 AND 338+00
WCD032
TO ADD A SWALE DITCH AND INSTALL ADDED DBI
LS
1
Z7,928.96
27 928.96
RE -GRADE TO REVISED EP ELEVATION IN PLAN REVISION i ,
WCD033
36
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 2021018
MINIM
WCD034
HURRICANE PREPAREDNESS FOR TROPICAL STORM NICOLE
m�
LS
1
2,690.13
2,590.13
WCD035
ADJ FOR BITUMINOUS MAT'L 4/1/0223 TO 6/30/2023 FDOT PART
LS
1
10 792.62
10 792.62
EXTEND THE LIMITS OF THE DITCH LINING AT THE NR CANAL
WCD036
BRIDGE FROM 25' OUTSIDE THE BRIDGE EASTWARD
LS
1
55 767.85
55 767.85
WCD038
ADJ FOR BITUMINOUS MAT'L 7/1/2023- 9/30/2023
LS
1
25488.57
25488.57
DELIVERY OF DRAINAGE STRUCTURES S-857 & EX -1 TO
WCD039
COUNTY MAINTENANCE YARD
LS
1
6,846.44
6,846.44
6" GRANULAR SUBBASE IN LIEU OF 12" TYPE B STABILIZATOIN
WCD040
FOR 300 LF 53RD ST WEST
LS
1
5,046.28
1 5,046.28
CONSTRUCT CURVED BARRIER WALL TO THE SW QUADRANT
WCD041
OF 53RD ST BRIDGE PER PLAN REV #7
LS
1
90 816.88
90 816.88
WCD042
ICONSTRUCT UTILITY PIPE CRADLES AS SHOWN IN EXHIBIT A
LS
1
20 794.56
20 794.56
CONSTRUCT CURVED BARRIER WALL TO SW QUADRANT OF
WCD043
57TH ST BRIDGE PER PLAN REV #15
LS
1
1D5 167.31
105 167.31
CONSTRUCT CURVED BARRIER WALL TO NW & SW
WCD044
QUADRANTS OF BRIDGE AT 61ST & 65TH STREETS
LS
1
322 502.83
322 502.83
WCD045
067 - 1A Road 0570 1 1 - PERFORMANCE TURF SOD 1 - BAHIA
SY
14,680
3.00
44 040.00
WCD045
251 - 1B Road 570-1-2A- PERFORMANCE TURF SOD BAHIA
SY
16,355
3.00
49 065.00
ADJ FOR BITUMINOUS MAT'L 6/1 - 6/30 THAT WAS LEFT OFF
WCD046
WCD035
LS
1
1774.40
1774.40
PERFORM THERMAL INTEGRITY PROFILING (TIP) TESTING OF
WCD047
DRILLED SHAFT B AT 53RD ST INTERSECTION
LS
1
2,607.41
2,607.41
PLACE 6" GRANULAR SUBBASE IN LIEU OF 12" TYPE B
STABILIZATION FROM STA 185+00 TO 195+00 AND STA0195+00
WCD048
TO 200+00 ON 69TH ST WEST ABOUT 6,667 SY
LS
1
22 195.81
22 195.81
PLACE 6" GRANULAR SUBBASE IN LIEU OF 12" TYPE B
STABILIZATION FROM STA 208+66 TO 211+66 (AVG WIDTH 32')
WCD049
ON 65TH STREET
LS
1
6,379.05
6,379.05
CONSTRUCT AERIAL WATER MAIN CROSSING OVER NRC
WC0050
BRIDGE
LS
1
E3,921.26
53 921.26
EXTEND THE HEIGHT OF SS -323 HEADWALL BY 3.8 FEET PER
WCD051
I REVISION #24 PHASE 1B
LS
1 1
19 328.48
19 328.48
IMPLEMENT 53RD STREET BRIDGE PLAN REVISION #1 THAT
REMOVED 36" SINGLE SLOPE TRAFFIC RAIL AND REPLACED
WCD052
W/9'-4" RAISED SIDEWALK
LS
1
31 144.36
31 144.36
APPLY CLASS 5 APPLIED FINISH COATINGS PER SECTION 975
WCD053
TO ROADWAY BARRIER WALLS
LS
1
9,628.13
9,628.13
REGRADE & RESET FORMS FOR WESTERN APPROACH SLAB
WCD054
IAT 57TH ST BRIDGE IN RESPONSE TO RFI 74
LS
1 1
9,372.30
9,372.30
REVISE THE SWALE ON 61 ST ST PER PLAN REV #22 TO
WCD055
COLLECT STORMWATER BETWEEN STA 205+00 & 208+00
LS
1
'?,657.46
7,657.46
MODIFY S-1605 ON 57TH ST TO ACCOMMODATE HISTORIC
WCD056
DRAINAGE FORM FIELD TO THE NORTH
LS
1
5,487.98
5,487.98
WCDO57
HURRICANE PREPAREDNESS FOR HURRICANE IAN
LS
1
6,403.12
6,403.12
PLACE 6" GRANULAR SUBBASE IN LIEU OF 12" TYPE B
WCD058
ISTABILIZATION ALONG 53RD ST WEST APPROX 5187 SY
LS
1
S8,532.89
58 532.89
ABANDON EXISTING WELL ON 65TH ST EAST (ST 311+30.8,3.2'
WCD059
LT TOP ELEV 19.55)
LS
1
10 222.88
10 222.88
REIMBURSEMENT RAW MATERIAL PRICE INCREASE FOR
WCD060
WCD023 FEBRUARY 2021
SY
4,486
20.55
92191.41
WCD061
ADJ FOR BITUMINOUS MAT'L - 1/2024 - 3/2024
LS
1
27 362.76
27 362.76
WCD062
RESET DRAINAGE STR SS -216 INLET TOP
LS
1
3,451.15
3,451.15
WCD063
CONSTRUCT 69TH ST WEST AS SHOWN IN PLAN REV 29
LS
1
51 357.05
51 357.05
ABANDON IN[PLACE & FILL PARTIALLY INSTALLED PIPE RUNS
WCD064
ON 69TH ST WEST W/NON-EXCAVATABLE FLOWABLE FILL
LS
1
20 218.94
20 218.94
WCD065
ADJ FOR BITUMINOUS MAT'L 4/1/2024 - 6/30/20204
LS
1
a4,970.01
84 970.01
7
F:\Pubic Works\ENGINEERING DIVISION PROJECTS\1505-66th Aye WideNrgL49th St to 69th SM-AdmhAgenda Ite Trop d Cbseout\WORIONG FOLDER\IRC-1505_DESC OF CNGS CO 1
37
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 2021018
T
FAPubllc Works\ENGINEERING DIVISION PROJECTS\1505-66th Am Wid.Arg_49th SI to 69th St\7-AdmiMpsrde Items\Project 0oseout\WOWING FOLDER\IRC-1505_DESC OF CNGS CO 1
38
REMOVE AND DISPOSE 2 DBIS AT APPROX STA297+53.50RT
WCD066
AND STA300+53RT
LS
1
23 565.17
23 565.17
REIMBURSE CONTRACTOR FOR GUARDRAIL PRICE INCREASE
WCD067
AND ADD'L 6 ITEM 536-8 EOR REVISION
LS
1
41 975.00
41 975.00
REPLACE 1000' ROCK BASE WITH ASPHALT BASE FULL WIDTH
WCD069
LT ROADWAY FROM STA 367+10 TO STA 377+10
LS
1
417 155.16
417 155.16
DIRECTIONAL BORE UNDER SOUTHBOUND 66TH AVE AND
INSTALL A 2" CONDUIT TO PASS THE ELECTRIC WIRES FROM
WEST SIDE WHERE FPL POWER AVAILABLE FOR IRRIGATION
WCD070
PUMPS
LS
1
5,453.38
5,453.38
RELOCATE DRAINAGE STRUCTURE SS -314 AND PERFORM ALL
WCD071
WORK ASSOCIATED WTH PLAN REVISION 32
LS
1
16 308.21
16 308.21
WCD072
SILT FENCE
LS
1
6,768.81
6,768.81
F&I SIDEWALK PLATES AT THE OPEN JOINTS ON THE 53RD ST
WCD073
BRIDGE
LS
1
8,786.98
8,786.98
ADJ BID UNIT PRICE FOR BITUMINOUS MATERIAL JULY 1, 2024 -
WCD074
ISEPT 30 2024
LS
1
52 380.08
52 380.08
WCD075
HURRICANE MILTON PREPAREDNESS MEASURES
LS
1
5,336.55
5,336.55
RELOCATE HEADWALL SS -220 AND REGRADE ADJACENT
WCD076
SWALE ALONG 65TH STREET EAST PER PLAN REV #28
LS
1
5,659.00
5,659.00
PROVIDE A 12" W IDE SLOT AT ELEVATION 20.85 (APPROX 4") ON
WCD077
ITHE EAST SIDE OF DRAINAGE STRUCTURE SS -329
LS
1
718.91
718.91
F&I PEDESTRIAN HANDRAIL (PAY ITEM 515 1 2) AT FIVE
LOCATIONS AND LENGTHS AS SHOWN ON WCD079 TOTAL 45
WCD079
LF
LS
1
3,053.44
3,053.44
WCD080
INCORPORATE FOOT DCE MEMO 22-03 FOR STEEL GUARDRAIL
LS
1
23 089.09
23 089.09
CONSTRUCT DRIVEWAY ON 57TH ST PER PLAN REV 16 AND
WCD082
I ADD RADIUS CURBS AT DRIVEWAY ON 69TH ST
LS
1 1
'0,190.3
10 190.36
REGRADE EMBANKMENT ON EAST SIDE OF NORTH RELIEF
W CDO83
CANAL AT LATERAL A CANAL
LS
1
5,257.87
5,257.87
EXTEND PROPOSED FIBER OPTIC WORK FROM NW CORNER
WCDO84
OF 66TH AVE AT 57TH ST TO STORM GROVE MIDDLE SCHOOL
LS
1
7,592.00
7,592.00
COMPENSATE CONTRACTOR FOR MATERIALS UNUSED IN
WCD085
MATERIAL DRAINAGE STRUCTURE S412
LS
1
1,224.91
1.224.91
ADJ BID UNIT PRICE FOR BITUMINOUS MATERIAL JULY 1, 2024 -
WCD086
ISEPT 30 2024
LS
1 1
62 926.92
62 926.92
COMPENSATE CONTRACTOR FOR EXTENDED MOT & EROSION
WCDO88
CONTROL 354 DAYS
LS
1
422 440.00
422 440.00
WCD089
34 DAY NONCOMPENSABLE TIME FOR FPL DELAYS
LS
1
0.00
0.00
WCD090
FINAL FIBER OPTIC CONNECTION CHANGES
LS
1
22 468.72
22 468.72
F&I DUAL 6" UNDERDRAIN/INFILTRATION SYSTEM CONNECTING
WCD091
TO STRUCTURE S-1508
LS
1
32 788.07
32 788.07
ADD'L PATCH PANEL AND SPLICES TO NEW FIBER OPTIC
WCD092
NETWORK AT 57TH STREET
LS
1
3,243.16
3,243.16
ADDITIONAL THERMOPLASTIC STRIPING FOR PH1A NOT
WCD093
INCLUDED ON TABULATION OF QUANTITIES
LS
1
6,864.00
6,864.00
ADJUST THE ROADWAY SHOULDER ELEVATION TO MATCH
CURRENT ELEVATION OF ROADWAY ON 65TH STREET WEST
WCD095
FROM STA 182+20 TO 184+20
LS
1
4,959.22
4,959.22
003-1A ROAD
IRC 1 - FIELD OFFICE
LS
1
3,000.00
3,000.00
008 - 1A Road
01204 -SUBSOIL EXCAVATION
CY
380
22.00
8,360.00
010 - 1A Road
0120 6 - EMBANKMENT COMPACTED IN PLACE
CY
1 2,669
7.50
20 017.50
011 - 1A Road
0121 70 - FLOWABLE FILL
CY
1 100
170.00
17 000.00
012 - 1A Road
0160 4 - TYPE B STABILIZATION
SY
894
2.70
2,413.80
013 - 1A Road
285709 - OPTIONAL BASE BASE GROUP 09
SY
699
13.00
9,087.00
T
FAPubllc Works\ENGINEERING DIVISION PROJECTS\1505-66th Am Wid.Arg_49th SI to 69th St\7-AdmiMpsrde Items\Project 0oseout\WOWING FOLDER\IRC-1505_DESC OF CNGS CO 1
38
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 2021018
014 -1A Road
0286 1 -TURNOUT CONSTRUCTION
SY
619
26.00
16 094.00
015 -1A Road
0286 2 - TURNOUT CONSTRUCTION -ASPHALT
TN
135
150.00
20 250.00
016 - 1A Road
0334 1 13 - SUPERPAVE ASPHALTIC CONCRETE, TRAFFIC C, SP -
12.5 WCDO04
TN
3
91.00
236.60
022 - 1A Road
0425 1 361 - INLETS CURB TYPE P-6 <10'
EA
2
5,500.00
11 000.00
024 -1A Road 10426
1 461 - INLETS CURB TYPE J-6 <10'
EA
1
8,778.00
8,778.00
025 - 1A Road
0425 1 521 - INLETS DITCH BOTTOM TYPE C <10'
EA
2
3,455.00
6,910.00
032 - 1A Road
IRC 4 - PIPE CULVERT SCHEDULE 80 PVC ROUND 8"
LF
31
62.00
1,922.00
034 - 1A Road
0430 175 118A - PIPE CULVERT CAP ROUND 18" S/CD
LF
40
140.00
5,600.00
039 -1A Road
0430 175 136- PIPE CULVERT RCP ROUND 36" S/CD
LF
350
145.00
50 750.00
041 - 1A Road
0430 175 148 - PIPE CULVERT RCP ROUND 48" S/CD
LF
50
249.00
12 450.00
044 - 1A Road
0430 175 166 - PIPE CULVERT RCP ROUND 66" S/CD
LF
45
535.00
24 075.00
046 -1A Road
0430 982 125 - MITERED END SECTION RCP 18"
EA
12
1,470.00
17 640.00
051 - 1A Road
0514 71 2 - PLASTIC FILTER FABRIC STABILIZATION
SY
351
4.00
1,404.00
052 - 1A Road
0520 1 7 - CONCRETE CURB & GUTTER TYPE E MODIFIED
LF
208
13.50
2,808.00
053 - 1A Road
0520 1 10 - CONCRETE CURB & GUTTER TYPE F
LF
730
12.50
9,125.00
054 - 1A Road
0522 2 - SIDEWALK CONCRETE 6" THICK
SY
1,021
38.25
39 053.25
055 - 1A Road
0523 2 - PATTERNED PAVEMENT, CONCRETE, NON VEHICULAR
AREAS
SY
143
85.00
12 155.00
057 - 1A Road
0530 3 3 - RIPRAP RUBBLE BANK AND SHORE
TN
479.59
151.00
72 418.09
058 - 1A Road
0536 1 1 - GUARDRAIL - ROADWAY (INCLUDES PIPE RAIL FULL
LENGTH)
LF
68
21.00
1,428.00
061 - 1A Road
10536 82 - GUARDRAIL ANCHORAGE - CONCRETE BARRIER WALL
EA
1
4,000.00
4,000.00
063 - 1A Road
0536 85 25 - GUARDRAIL END ANCHORAGE ASSEMBLY - TYPE II
EA
1
1,415.00
1,415.00
065 - 1A Road
0550 60214 - FENCE GATE TYPE B SINGLE 18.1-20.0' OPENING
EA
3
3,000.00
9,000.00
067 - 1A Road
0570 1 1 - PERFORMANCE TURF SOD 1 - BAHIA
SY
1,247
3.00
3,741.00
068 - 1A Road
0570 1 2 - PERFORMANCE TURF SOD 2 - ST AUGUSTINE
SY
14,680
4.50
66 060.00
070 -1A Road
0700 20 13 - SINGLE POST SIGN F&I 21-30 SF
AS
2
4,400.00
8,800.00
072 - 1A Road
0700 160 - SINGLE POST SIGN REMOVE
AS
5
30.00
150.00
073 - 1A Road
0706 3 - RETRO REFLECTIVE PAVEMENT MARKERS
AMBER/AMBER
EA
39
4.50
175.50
074 - 1A Road(WHITE/RED)
0706 3A- RETRO REFLECTIVE PAVEMENT MARKERS
EA
35
4.50
157.50
077 - 1A Road
0711 11123 - THERMOPLASTIC STANDARD WHITE SOLID 12"
LF
3
2.50
7.50
078-1A Road
1071111124 -THERMOPLASTIC STANDARD WHITE SOLID 18"
LF
3
3.50
10.50
080 - 1A Road
0711 11131 - THERMOPLASTIC, STANDARD, WHITE, SKIP, 6", 10-
30 SKIP
GM
0.022
1,350.00
29.70
084 - 1A Road
0711 11211 - THERMOPLASTIC STANDARD YELLOW SOLID 6"
NM
0.123
5,300.00
651.90
085 -1A Road
0711 11224 - THERMOPLASTIC STANDARD YELLOW SOLID 18"
LF
2
3.00
6.00
F:%Public Works\ENGINEERING DIVISION PROJECTS\1505-66th Ave Widerirg_49th St to 69th St\1-AdmiMg-rd- h- Wr-jed Cos- dlWCRVJNG FOLDEMIRC-1505_DESC OF CFIGS CO 1
39
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
PROJECT NO. IRC -1505 BID NO. 20210`18
086 - 1A Road
;. .
0711 11241 -THERMOPLASTIC, STANDARD, YELLOW,
DOTTED/GUIDELINE/6-10 GAP EXTENSION 6"
LF
223
1.00
223.00
102 - 1A Road
0635 2 13 - 30'X 48" SPLICE BOX FOR FIBER OPTIC
EA
3
1,200.00
3,600.00
172-1 B Road
110-7-1 -MAILBOX F &I
EA
31
100.00
3,100.00
174 - 1 B Road
120-4 - SUBSOIL EXCAVATION
CY
282
22.00
6,204.00
175 -1 B Road
120-5 - CHANNEL EXCAVATION
CY
890
3.50
3,115.00
176 - 1 B Road
120-6 - EMBANKMENT
CY
1,061
7.50
7,957.50
177 - 1 B Road
160-4 - TYPE "B" STABILIZATION
SY
3.511
2.70
9,479.70
178 - 113 Road
285-709 - OPTIONAL BASE BASE GROUP 9
SY
2,909
13.00
37 817.00
179 - 1 B Road
286-1 -TURNOUT CONSTRUCTION
SY
2,320
26.00
60 320.00
181 - 1 B Road
334-1-13 - SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC
C) (2"
TN
4.3
91.00
391.30
184 - 1 B Road
400-1-2 - CLASS I CONCRETE ENDWALL
CY
1.3
1,100.00
1,430.00
188 - 1 B Road
425-1-351 - INLETS CURB TYPE P-5 <10'
EA
2
4,880.00
9,760.00
189 - 1 B Road
425-1-361 - INLETS CURB TYPE P-6 <10'
EA
2
4,900.00
9,800.00
199 - 1 B Road
425-1-541A- INLETS (DT BOT)(TYPE D) (<10') (CONTROL
STRUCTURE W/ EXTERNAL SKIMMER
EA
5
3,400.00
32 000.00
211 - 1B Road
430-175-124 - PIPE CULVERT RCP ROUND 24" SS
LF
3
82.00
246.00
224 -1 B Road
430-175-218 - PIPE CULVERT ERCP (14"X 23" SS
LF
58
80.00
4,640.00
228 - 1B Road
430-982-125 - MITERED END SECTION CONC. 18" CD
EA
3
1,470.00
4,410.00
230 - 1 B Road
430-982-625 - MITERED END SECTION CONC. 14"X23"CD
EA
3
1,600.00
4,800.00
231 -1B Road
440-1-20 - UNDERDRAIN
LF
25
50.00
1,250.00
232 -1 B Road
440-1-60 - ROCK DRAIN
LF
100
31.00
3,100.00
233 -1B Road
520-1-10 - CONCRETE CURB & GUTTER TYPE F
LF
311
12.50
3,887.50
235 - 1 B Road
522-2 - CONCRETE SIDEWALK 6" THICK
SY
310
38.25
11 857.50
237 -1 B Road
530-3-4 - RIPRAP RUBBLE (F&I) (DITCH LINING
TN
449.63
151.00
67 894.13
238 - 18 Road
536-1-1 - GUARDRAIL(ROADWAY)
LF
110
21.00
2310.00
240 - 1 B Road
536-85-25 - GUARDRAIL END ANCHORAGE ASSEMBLY TYPE II
EA
2
1,400.00
2,800.00
242 - 1 B Road
550-10-110A - FENCING TYPE A 5.0' STANDARD
LF
88
19.00
1.672.00
243 - 1 B Road
550-10-11013 - FENCING TYPE A 4.0' STANDARD
LF
328
16.00
5,248.00
244 - 1 B Road
550-10-220 - FENCING TYPE B 6.0' STANDARD
LF
661
18.00
11 898.00
246 - 1B Road
550-10-410A- FENCING WOOD 4.0' 3 RAIL SPLIT RAIL
LF
267
11.00
2,937.00
247 - 1 B Road
550-10-410B - FENCING(WOOD) 5.0' 3 RAIL SPLIT RAIL
LF
696
11.00
7,656.00
248 - 1B Road
550-60-213 - FENCE GATE TYPE B SINGLE 16.0' OPENING
EA
1
2,800.00
2,800.00
250 - 1B Road
550-60-912 - FENCE GATE WOOD SINGLE 10.0' OPENING
EA
1
2,800.00
2,800.00
251 - 1B Road
570-1-2A- PERFORMANCE TURF SOD BAHIA
SY
362
3.00
1,086.00
FAPWIic Worcs\ENGINEERING DIVISION PROJECTS11505-66th Aye Wid"rg_49th SI to 69th Shl-AdmirMperds Ite %Projeel CbsmAWORKM FOLDEMIRC-1505_DESC OF CHGS CO 1
V ll
66TH AVENUE ROADWAY WIDENING (49TH STREET TO 69TH STREET)
4
PROJECT NO. IRC -1505 BID NO. 2021018
Item No.
Descripdon
Unit
Quantity
U
tee increase
Price Decrease
252 - 1B Road
630-2-11A- CONDUIT OPEN TRENCH) (F&I) (2"
LF
18
4.00
72.00
253 - 1 B Road
630-2-11B - CONDUIT OPEN TRENCH F 2"
LF
18
4.00
72.00
264-1BS&M
711 -11 -121 -THERMOPLASTIC STD WHITE SOLID 6"
LF
511
1.00
511.00
265 - 1 B S&M
711-11-122 - THERMOPLASTIC STD WHITE SOLID 8"
LF
515
1.00
515.00
266 - 1B S&M
711-11-123 - THERMOPLASTIC STD WHITE SOLID 12"
LF
7
2.50
17.50
267-1BS&M
711 -11 -124 -THERMOPLASTIC STD WHITE SOLID 18"
LF
4
3.50
14.00
269-1BS&M
711 -11 -131 -THERMOPLASTIC STD WHITE SKIP (10'-30'),6'
LF
9
1.00
9.00
270 - 1 B S&M
711-11-141 - THERMOPLASTIC STD WHITE SKIP 2'-4' / 6-10'),6'
LF
2
1.00
2.00
274 - 1 B S&M
711-11-224 -THERMOPLASTIC, STD YELLOW SOLID 18"
LF
10
3.50
35.00
275 - 1 B S&M
711-11-241 - THERMOPLASTIC STD YELLOW SKIP 2'-4' / 6'-10.),LF
1,109
1.00
1,109m
306 - 1B LS & Irr
570-1-2B - PERFORMANCE TURF SOD ST AUGUSTINE 'FLORAT
SY
16,355
4.50
73 597.50
339 - 113 65th B
455-34-3A - PRESTRESSED CONCRETE PILING 18" SQ
LF
208
37.00
7 696.00
CO -3 635-2-12
PULL & SPLICE BOX F & I SIGNAL 24 x 36
EA
1
2,630.25
2,630.25
WCDO03
Overrun Underrun Pay Items 649 (Signal Mast Arms Phase 1B Plan R
LS
1
17 300.00
17 300.00
WCDO04
ASPHALT PAVEMENT DESIGN TYPICAL SECTION PHASE 1A
LS
1
29 920.00
29 920.00
WCD068
REIMBRUSEMENT TO IRC FOR COST OF RESOLUTION TESTING
FOR 2 STABILIZING SUBGRADE SAMPLES WHERE VT RESULTS
WERE USED FOR ACCEPTANCE
LS
1
243.20
243.20
WCD078
REIMBURSEMENT TO IRC FOR COST OF 1,799 LF OF
PEDESTRIAN PIPE RAIL NOT INSTALLED ON PHASE 1A PORTION
OF THE PROJECT
LS
1
16191.00
16191.00
WCDO81
CREDIT TO COUNTY FOR REDUCTION IN MAST ARM LENGTHS
OF SIGNALIZATION POLES AT 66TH AVE & 57TH St
LS
1
11 283.00
11 283.00
WCDO87
REIMBURSE IRC FOR RESOLUTION TESTING & DEFECTIVE
ASPHALT
LS
1
1079.84
1079.84
WCD097
ASPHALT PAY QUANTITY ADJUSTMENT (PAY ITEM 337 7 82)
LIMIT TO MAX OF 105% OF THE SPREAD RATE
LS
1
2D3,612.50
203 612.50
FA
FORCE ACCOUNT
3,500,000.00
SUBTOTALS
3,340,267.97
4,662,579.26
66TH AVE (49TH ST - 69TH ST) TOTAL
$ 1,322,311.29)
41
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Indian River County, Florida
** MEMORANDUM
104'
File ID: 25-0695 Type: Consent Staff Report
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Nancy A. Bunt, Assistant County Administrator
Addie Javed, P.E., Public Works Director
Adam Heltemes, Roadway Production Manager
Richard Reichenbach, P.E., Project Engineer
FROM: Jill Williams, Contract Support Specialist
DATE: June 5, 2025
94e
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Award of Bid No. 2025025 for Indian River Boulevard Bicycle & Pedestrian
Improvements (4th Street - 17"' Street) IRC -1817, FDOT FM 444269-1-54-01
BACKGROUND
A bid opening for Bid No. 2025025 for Indian River Boulevard Bike & Pedestrian Improvements (4' Street -
171 Street) was held on April 30, 2025. The proposed improvements will include milling and resurfacing,
widening of the shoulder to guarantee a minimum 6 -foot -wide buffered bike lane along the major North/South
corridor, ADA sidewalk return improvements, drainage improvements, and interconnect improvements for
hardening and resiliency.
As summarized below, four (4) responsive bids were received and opened during a public meeting. A detailed
bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals are as
follows:
Company Bid Amount
Timothy Rose Contracting, Inc. Vero Beach, FL $10,826,000.00
Dickerson Florida, Inc. Fort Pierce, FL $11,090,205.50
CW Roberts Contracting, Inc. Palm City, FL $11,814,278.85
OHLA USA, Inc. Miami, FL $13,469,740.86
ANALYSIS
Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project
with a bid totaling $10,826,000.00, which is $2,789,493.00 or 34.7% above the Engineers Cost Estimate of
$8,036,507.00. Timothy Rose Contracting, Inc. has completed various projects for the County in a satisfactory
manner. FDOT has provided concurrence for this as well.
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by LegistarTM 60
BUDGETARYIMPACT
Per the SCOP grant agreement, the County must fund the project and then request reimbursement of the grant
share from FDOT to a maximum amount of $1,546,281.00, which will be recorded in the Secondary
Roads/Indian River Blvd Ped & Bid/ DOT Grants revenue account, number 109033-334403-21021. The FY
2024/2025 Capital Improvements Element (CIE) allocated $8,398,496.00 for this project. If the bid is awarded,
the difference of $2,427,504.00 will be programmed into the FY 2025/2026 CIE, since the project is expected
to span multiple fiscal years. Project expenses related to Utilities, in the amount of $698,498.00, will be
recorded in the Utilities/WIP/IR Blvd Ped & Bike Access expense account, number 471-169000-21021. All
other project expenses, in the amount of $10,127,502, will come from the Secondary Roads/Indian River
Boulevard Ped & Bid Access account, number 10921441-066510-21021, for a total project cost of
$10,826,000.00.
PREVIOUS BOARD ACTIONS
On November 19, 2024, the Board of County Commissioners approved a Small County Outreach Program
(SCOP) Grant from the Florida Department of Transportation (FDOT) in the maximum amount of
$1,546,281.00 for bicycle and pedestrian improvements at Indian River Boulevard from 4' Street to 17th Street.
POTENTIAL FUTURE BOARD ACTIONS
Budget amendment if needed.
STAFF RECOMMENDATION
Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the amount of $10,826,000.00.
Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said
agreement after review and approval of both the agreement and required Public Construction Bond by the
County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the
Risk Manager.
Indian River County, Florida Page 2 of 2 Printed on 7/1.0/2025
powered by legistarTM 61
SECTION 00520 Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The proposed resurfacing/widening of Indian River Blvd from 4th Street to 171h Street will
include milling and resurfacing, widening of the shoulder to guarantee a minimum 6 -foot -
wide buffered bike lane along the major North/South corridor, ADA sidewalk return
improvements, drainage improvements, and interconnect improvements for hardening
and resiliency. This project is a FDOT Small County Outreach Program (SCOP) funded
project, FM No. 444269-1-54-01.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: Indian River Boulevard Bike & Pedestrian Improvements (4t' Street to 1711
Street)
County Project Number: IRC -1817
Bid Number: 2025025
FM Number: 444269-1-54-01
Project Address: Indian River Boulevard (4th Street to 17th Street)
Vero Beach, FL 32960
ARTICLE 3 - ENGINEER
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and
will act as OWNER's representative, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with
the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 430' calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
Agreement - 00520 - 1 62
of the General Conditions on or before the 460"' calendar day after the date when the
Contract Times commence to run.
************************************************************************************************************
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. Liquidated damages will commence for this portion of work. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$3,819.00 for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $3,819.00 for each calendar day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount:
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
I
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis
of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Agreement - 00520 - 2 63
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
of the payment amounts due to the CONTRACTOR until substantial completion of
all work to be performed by CONTRACTOR under the Contract Documents.
B. For construction projects less than $10 million, at the time the OWNER is in receipt
of the Certificate of Substantial Completion, the OWNER shall have 30 calendar
days to provide a list to the CONTRACTOR of items to be completed and the
estimated cost to complete each item on the list. OWNER and CONTRACTOR
agree that the CONTRACTOR'S itemized bid shall serve as the basis for
determining the cost of each item on the list. For projects in excess of $10 million,
OWNER shall have up to 45 calendar days following receipt of Certificate of
Substantial Completion of the project to provide CONTRACTOR with said list.
C. Payment of Retainage - Within 20 business days following the creation of the list,
OWNER shall pay CONTRACTOR the remaining contract balance including all
retainage previously withheld by OWNER except for an amount equal to 150% of
the estimated cost to complete all of the items on the list. Upon completion of all
items on the list, the CONTRACTOR may submit a payment request for the amount
of the 150% retainage held by the OWNER. If a good faith dispute exists as to
whether one or more of the items have been finished, the OWNER may continue
to withhold the 150% of the total cost to complete such items. The OWNER shall
provide CONTRACTOR written reasons for disputing completion of the list.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for payment shall contain the
CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed.
6.04 Paragraphs 6.02 and 6.03
do not apply to construction services work purchased by the County as OWNER which
are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local
Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under
this Contract and for every act and neglect of the OWNER and others relating to
or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Public Construction Bond.
Agreement - 00520 - 3 64
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
7.02 "To the fullest extent permitted by law, the Recipient's contractor/consultant shall indemnify
and hold harmless the Recipient and the State of Florida, Department of Transportation,
including the Department's officers and employees, from liabilities, damages, losses and
costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of the contractor or consultant
and persons employed or utilized by the contractor or consultant in the performance of this
Agreement."
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
Agreement - 00520 - 4 65
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. CONTRACTOR is registered with and will use the Department of un 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. CONTRACTOR is
also responsible for obtaining an affidavit from all subcontractors, as required in Section
448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-9, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of LiabilityInsurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622 -6 -inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1);
9. General Conditions (pages 00700-1 to 00700-38, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of sheets numbered 1 through 139, inclusive, with each sheet
bearing the following general title: INDIAN RIVER BOULEVARD PEDESTRIAN &
BICYCLE ACCESS IMPROVEMENTS PROJECT.
Agreement - 00520 - 5 66
13. Addenda (if applicable
14. Appendices to this Agreement (enumerated as follows):
Appendix A — Permits
Appendix B — Indian River County Fertilizer Ordinances
Appendix C — Indian River County Traffic Engineering Special Conditions for Right of
Way Construction
15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 ,0 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1);
21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
22. Anti -Human Trafficking Affidavit (page 00462-1);
23. Certification Regarding Lobbying (page 0466_1);
24. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s)
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
Agreement - 00520 - 6 67
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract shall
be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to apter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the
CONTRACTOR shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherw .e ,rovided bylaw.
(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 for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONTRACTOR or keep and maintain public records required by the County
to perform the service. If the CONTRACTOR transfers all public records to the County upon
completion of the contract, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of the
County.
Agreement - 00520 - 7 68
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
(772) 226-1424
publicrecords(&-indianriver.gov
Indian River County Office of the County Attorney
180127 th Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these ` rements S7!WPa material breach of
this Agreement.
Agreement - 00520 - 8 69
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf. This Agreement will be effective on day of 20 (the date the
Contract is approved by the Indian River County Board of County Commissioners).
OWNER:
INDIAN RIVER COUNTY
Joseph E. Flescher, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Addie Javed, P.E., Public Works
1801 2711 Street, Vero Beach, F
(772) 226-1234
r
irector
CONTRACTOR:
COMPANY NAME
By:
Name:
Title:
(Corporate Seal)
(If CONTRACTOR is a corporation or
partnership, attach evidence of authority to
sign)
Attest:
Name:
Title:
Designated Representative:
Name:
Title:
Address:
Phone:
* * END OF SECTION
Agreement - 00520 - 9 70
Indian River County, Florida
* * MEMORANDUM
�ORi04'
File ID: 25-0697 Type: Consent Staff Report
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Nancy A. Bunt, Assistant County Administrator
Addie Javed, P.E., Public Works Director
Adam Heltemes, P.E., Roadway Production Manager
Douglas Ferrante, P.E., Infrastructure Project Manager
FROM: Jill Williams, Contract Support Specialist
DATE: June 20, 2025
91:1
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Award of Bid No. 2025037, Indian River County Shooting Range Pavement
Improvements, IRC -2413
BACKGROUND
The Indian River County Public Shooting Range, originally constructed in 2001, is experiencing significant
deterioration of its paved access road. County staff has developed a repair plan to address the issue. The project
was advertised for public bid on April 6, 2025.
ANALYSIS
A bid opening for Bid No. 2025037 for Indian River County Shooting Range Pavement Improvements was held
on May 7, 2025. As summarized below, four (4) responsive bids were received and opened during a public
meeting. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering
Division. Bid totals are as follows:
COMPANY
NO
ALTERNATE
BID WITH BID WITH
ALTERNATE
Heavy Civil, Inc., Boca Raton, FL $412,311.19 $469,387.65
Timothy Rose Contracting, Inc. Vero Beach, FL $469,059.50 $527,247.50
Icon Construction Enterprises LLC dba Asphalt Icons, Sanford, FL $477,608.83 $540,384.73
GRSC, Inc., Stuart, FL $586,517.30
$653,974.35
Heavy Civil, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid
totaling $469,387.65 that includes the Alternate Item Asphalt Concrete Friction Course. Heavy Civil, Inc.'s bid
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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is $188,612.35 or 28.7% lower than the estimated cost estimate of $658,000.00. Heavy Civil, Inc. has not
previously worked on a County project. Upon review of the bid, qualifications and references, staff has
determined that Heavy Civil, Inc. has successfully completed similar projects.
BUDGETARY IMPACT
Funding for the project, in the amount of $469,387.65, is budgeted and available in the Secondary Roads/Road
Resurfacing/Shooting Range Resurfacing account, number 10921441-053360-23018, as approved in the Fiscal
Year 2024/2025 Capital Improvements Element.
STAFF RECOMMENDATION
Staff recommend the project be awarded to Heavy Civil, Inc. in the amount of $469,387.65. Staff further
recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement
after review and approval of both the agreement and required Public Construction Bond by the County Attorney
as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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SECTION 00520 Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
This project consists of mixing in place the top 6" (inches) over approximately 13,560
square yards (Sr of porous pavement road surface and base under the asphalt, re-
shaping to proposed cross-sectional slope, compact, place asphalt topping over the mixed
base. Associated work includes new sod along road and parking area edges, relocating
existing signage, and provide painted pavement markings on the final surface.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: INDIAN RIVER COUNTY SHOOTING RANGE PAVEMENT
IMPROVEMENTS
County Project Number: IRC -2413
Bid Number: 2025037
Project Address: 10455 102nd TERRACE, SEBASTIAN, FL 32958
ARTICL 3 ENGINEE
3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and
will act as OWNER's representative, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with
the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACLTIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 60th calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
of the General Conditions on or before the 90th calendar day after the date when the
Contract Times commence to run.
Agreement - 00520 - 1 73
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. Liquidated damages will commence for this portion of work. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$1,699.00 for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $1,699.00 for each calendar day that expires after the
time specified in paragraph 4.02 for completion and readiness for final payment until the
Work is completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $
Written Amount: '!.
DURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis
of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
Agreement - 00520 - 2 74
of the payment amounts due to the CONTRACTOR until substantial completion of
all work to be performed by CONTRACTOR under the Contract Documents.
B. For construction projects less than $10 million, at the time the OWNER is in receipt
of the Certificate of Substantial Completion, the OWNER shall have 30 calendar
days to provide a list to the CONTRACTOR of items to be completed and the
estimated cost to complete each item on the list. OWNER and CONTRACTOR
agree that the CONTRACTOR'S itemized bid shall serve as the basis for
determining the cost of each item on the list. For projects in excess of $10 million,
OWNER shall have up to 45 calendar days following receipt of Certificate of
Substantial Completion of the project to provide CONTRACTOR with said list.
C. Payment of Retainage - Within 20 business days following the creation of the list,
OWNER shall pay CONTRACTOR the remaining contract balance including all
retainage previously withheld by OWNER except for an amount equal to 150% of
the estimated cost to complete all of the items on the list. Upon completion of all
items on the list, the CONTRACTOR may submit a payment request for the amount
of the 150% retainage held by the OWNER. If a good faith dispute exists as to
whether one or more of the items have been finished, the OWNER may continue
to withhold the 150% of the total cost to complete such items. The OWNER shall
provide CONTRACTOR written reasons for disputing completion of the list.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for payment shall contain the
CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based, the number of units completed.
6.04 Paragraphs 6.02 and 6.03
do not apply to construction services work purchased by the County as OWNER which
are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local
Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under
this Contract and for every act and neglect of the OWNER and others relating to
or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Public Construction Bond.
Agreement - 00520 - 3 75
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (r assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTORo- is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Agreement - 00520 - 4 76
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
K. CONTRACTOR is registered with and will use the Department of un 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. CONTRACTOR is
also responsible for obtaining an affidavit from all subcontractors, as required in Section
448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-8, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive)
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1):
9. General Conditions (pages 00700-1 to 00700-37, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of one sheet, bearing the following title: Indian River County
Shooting Range Pavement Improvements;
13. Addenda (if applicable );
14. Appendices to this Agreement (enumerated as follows):
Appendix A — Indian River County Fertilizer Ordinances
Appendix B — Indian River County Traffic Engineering Special Conditions for Right of
Way Construction
Appendix C — Roadway Coring Summary Report
Agreement - 00520 - 5 77
15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive);
16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (pages 00452-1 to 00452-2, inclusive);
18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
19. List of Subcontractors (page 00458-1);
20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
21. Anti -Human Trafficking Affidavit (page 00462-1);
22. Foreign Entity Ownership Affidavit (page 00464-1);
Noe
23. Certification Regarding Lobbying (page 00466-1);
24. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s);
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
P ,.
A.erms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
Agreement - 00520 - 6 78
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract shall
be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the
CONTRACTOR shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, Tprovide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time 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 for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONTRACTOR or keep and maintain public records required by the County
to perform the service. If the CONTRACTOR transfers all public records to the County upon
completion of the contract, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of the
County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT:
Agreement - 00520 - 7 79
(772) 226-1424
publicrecords(&-indianriver.gov
Indian River County Office of the County Attorney
180127 th Street
Vero Beach, FL 32960
B. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf. This Agreement will be effective on day of 20 (the date the
Contract is approved by the Indian River County Board of County Commissioners).
OWNER: CONTRACTOR:
INDIAN RIVER COUNTY
0
Joseph E. Flescher, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name, title
address
phone
email
COMPANY NAME
By:
Name:
Title:
(Corporate Seal)
(If CONTRACTOR is a corporation or
partnership, attach evidence of authority to
sign)
Attest:
Name:
Title:
Designated Representative:
Name:
Title:
Address:
Phone:
* * END OF SECTION * *
Agreement - 00520 - 8 80
Work Change Directive — 00948 81
014
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
MEMORANDUM
File ID: 25-0700 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Nancy A. Bunt, Assistant County Administrator
Addie Javed, P.E., Public Works Director
Adam Heltemes, P.E., Roadway Production Manager
Richard Reichenbach, P.E., Project Engineer
FROM: Jill Williams, Contract Support Specialist
DATE: June 24, 2025
SUBJECT: Release of Retainage and Approval of Change Order No. 1
Oslo Road and 901 Avenue Roadway Improvements (IRC -2215)
BACKGROUND
The County is improving 90' Avenue to a 2 -lane rural roadway with paved shoulders between 13' Street SW
and Oslo Road, approximately 3,000 linear feet. Improvements to 131 Street SW between 901 Avenue and 861
Avenue SW are being proposed by the Florida Department of Transportation (FDOT) in conjunction with the
Oslo Road/I-95 interchange improvements. In addition to improving 90' Avenue, Oslo Road will be improved
to a 2 -lane rural roadway with paved shoulders between 901 Avenue and the western terminus of the FDOT
Oslo Road improvements, approximately 1,600 linear feet.
ANALYSIS
Change Order No. 1 is to make final adjustments to the current contract price of $2,396,716.50 for a decrease to
the contract by $227,474.62 resulting in a final contract price of $2,169,241.88 and to make final contract time
adjustments.
Guettler Brothers Construction, LLC has completed the project and has been paid $2,060,779.79 with
$108,462.09 held in retainage. Guettler Brothers Construction, LLC has submitted Contractor's Application for
Payment 2215-10 in the amount of $108,462.09 for release of retainage.
BUDGETARY IMPACT
Retainage, in the amount of $83,717.58, will come from the Traffic Impact Fees/District 3 Roads/90th Avenue
& Oslo Road Corridor Retainage Guettler Brothers account, number 102-206000-22039. Additional retainage,
in the amount of $24,744.51, will come from the Traffic Impact Fees/District 2 Roads/901 Avenue & Oslo
Road Corridor Retainage Guettler Brothers account, number 104-206000-22039, for a total retainage of
$108,462.09.
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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PREVIOUS BOARD ACTIONS
On September 13, 2022, the Board of County Commissioners approved Work Order No. 54 to Kimley-Horn
and Associates, Inc. to provide survey, geotechnical investigation, roadway design, and permitting services for
the proposed roadway improvements to be made to the 90' Avenue and Oslo Road Corridor.
The Board awarded Bid No. 2024015 to Guettler Brothers Construction, LLC in the amount of $2,396,716.50
on April 23, 2024, for the Oslo Road and 901 Avenue roadway improvements project.
STAFF RECOMMENDATION
Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No.
2215-10 in the amount of $108,462.09 for release of retainage once all subcontractor final lien releases have
been received.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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SECTION 00942 - Change Order Form
No. 1
DATE OF ISSUANCE: 06/25/2025 EFFECTIVE DATE:07/15/2025
OWNER: Indian River County
CONTRACTOR Guettler Brothers Construction, LLC
Project: 901h Avenue & Oslo Road Improvements
OWNER's Project No. IRC -2215 2 : 1 (5 613id No. 2024015
You are directed to make the following changes in the Contract Documents:
Reason for Change Order:
The project is complete. This change order is intended to make final adjustments to bid line
items and time to finalize the contract.
Attachments:
Description of Itemized Changed
CHANGE IN CONTRACT PRICE:
Description
Amount
Original Contract Price
$2,396,716.50
Net decrease of this Change Order:
$(227,474.62)
Contract Price with all approved
Change Orders:
$2,169,241.88
ACCEPTED:
By:
CONTRACTOR (Signature)
Date:
CHANGE IN CONTRACT TIMES
Description
Time
Original Contract Time:
(days)
Substantial Completion:
240
Final Completion:
281
Net increase (decrease) this
Change Order:
(days)
Substantial Completion:
102
Final Completion:
102
Contract Time with all approved
Change Orders:
(days)
Substantial Completion:
342
Final Completion:
383
RECOMMENDED:
By:
ENGINEER (Signature)
Date:
APPROVED:
By: I ==1
OWNER (Signature)
Date:
IRC-2215—CO 1 20250715
00942-1
F:\Public Works\ENGINEERING DIVISION PROJECTS\2215 90th Ave and Oslo Rd Corridor Improvments\1-Admin\Agenda !terns\Project Closeout\IRC-
2215_CO1_20250715.doc Rev. 05101
84
CHANGE ORDER NO. 1
DESCRIPTION OF ITEMIZED CHANGES
PROJECT NAME: OSLO ROAD AND 90TH AVENUE ROADWAY IMPROVEMENTS
PROJECT NO. IRC -2215 BID NO. 2024015
Um No.
Description
Unit
Quantity
Unit Price
Price Increase
Price Decrease
WCD1 - 1
REMOBILIZATION FOR PIPE CREW
LS
1
8,050.00
8,050.00
WCD1 -2
T & M FOR FGT GAS RELOCATES
LS
1
3,372.00
3,372.00
WCD1-3
T & M FOR ARTESIAN WELL REPAIR
LS
1
2,302.55
2,302.55
WCD14
ABANDONMENT OF ARTESIAN WELL
LS
1
6,050.00
6,050.00
WCD2-1000
6" BASE ROCK IN LIEU OF TYPE B STABILIZATION
SY
1,575
16.50
25 987.50
WCD2-1100
SURVEY & AS-BUILTS
LS
1
2,200.00
2,200.00
WCD2-1200
TYPE "A" FENCE MODIFICATION
LS
1
2,500.00
2,500.00
WCD2-1300
WIDEN DRIVEWAY TO 20' WITH BASE ROCK AT STA 103+91.80 TC
SY
60
19.00
1,140.00
WCD2-1400
DENSITY TEST FOR DRIVEWAY & PIPE
LS
1
750.00
750.00
WCD2-120-6
EMBANKMENT
CY
75
6.00
450.00
WCD2-160-4
6" BASE ROCK IN LIEU OF TYPE B STABILIZATION
SY
119
16.50
1,963.50
WCD2-285-709
OPTIONAL BASE GROUP 09
SY
119
19.00
2,261.00
W CD2 -334-1-
13A
SUPERPAVE ASPHALTIC CONCRETE 1" TRAFFIC C SP -9.5
TN
7
200.00
1,400.00
W C D2 -334-1-
13B
SUPERPAVE ASPHALTIC CONCRETE 2" TRAFFIC C SP -12.5
TN
14
162.00
2,268.00
W C D2-430-175
118
PIPE CULVERT ROUND 18" RCP
LF
52
100.00
5,200.00
W C D2-430-984
125
MITERED END SECTION 18" ROUND SD
EA
2
2,400.00
4,800.00
W CD2 -550-10-
110
FENCING TYPE "A"
LF
-24
7.50
-180.00
W CD2 -550-60-
125
FENCE GATE TYPE "A" DOUBLE SWING 24' WIDE
EA
1
2,300.00
2,300.00
WCD2-570-1-2
PERFORMANCE TURF SOD BAHIA
SY
-119
2.43
-289.17
344 -FA
FORCE ACCOUNT
LS
1
300 000.00
300 000.00
SUBTOTALS
72,525.38
300,000.00
90th Avenue & Oslo Road Improvements TOTAL
$ (227,474.62)
85
F'\Public WorWENGINEERING DIVISION PROJECTS\2215 901h A. eW Oslo Rd Corridor Impr-rl.\1-Adrnn\Agendla Items\Project Closeout\IRC-2215_CO1_20250715
9G l
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* ' * indianriver.gov
MEMORANDUM
File ID: 25-0542 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John Titkanich Jr., County Administrator
Kylie Yanchula, Natural Resources Director
FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist
DATE: February 26, 2025
SUBJECT: Florida Fish and Wildlife Conservation Commission Manatee Speed Zone
Rule Review Committee Request
BACKGROUND
The Manatee Sanctuary Act, F. S. 379.2431(2) authorizes the Florida Fish and Wildlife Conservation
Commission (FWC) to establish manatee protection rules. FWC establishes speed and vessel restrictions where
necessary to protect manatees from vessel collisions and harassment.
The rule making process is outlined in Rule 68C-22 of the Florida Administrative Code. FWC initiates the
evaluation process to determine if a new or amended rule may be warranted for the protection of manatees. The
evaluation includes population density, manatee use, boating use, and waterway characteristics. Once a new or
amended rule is needed, it must follow the rule making process required in the Administrative Procedures Act,
the Manatee Sanctuary Act, and the Uniform Rules of Procedure related to rule making. The process to amend
current rules is as follows:
1. Notify the affected county government that FWC is proposing new or amended manatee speed zones.
The county has 60 days to form a Local Rule Review Committee (LRRC) to review the rule proposal
and submit a written report for consideration. The LRRC consists equally of waterway users and
environmental stakeholders.
2. FWC publicly announces the need for a new or amended rule for manatee protection purposes in the
county.
3. FWC provides the preliminary rule proposal and data to the LRRC. The LRRC has 60 days to review
and submit its report to FWC.
4. FWC reviews the LRRC report and prepares a response.
5. If FWC Commissioners decide rule making is needed, a public comment notice is published.
6. A final public hearing is held by FWC Commissioners during a regularly scheduled FWC meeting.
FWC Commissioners vote to adopt the proposed rule with or without changes.
7. If adopted, a Notice of Change is published.
8. Rules become effective 20 days after being adopted but are not enforceable until signs are posted.
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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FWC is proposing changes to manatee speed zones in Indian River County. A formal request from FWC was
mailed on May 131 to the Board of County Commissioners. Per the letter, the County has 60 days to form a
LRRC. Per the requirements outlined by FWC, the committee must include an equal number of waterway users
and environmental/marine mammal experts. The LRRC should include the local biologist from the Save the
Manatee Club but may not include FWC biologists or government staff. In addition to the formation of the
LRRC, County staff will assist FWC by scheduling and hosting the LRRC meetings. FWC will lead all
meetings and facilitate the rule review process.
Staff propose an LRRC of 14 members with each District Commissioner appointing two (2) members, of the
two members one (1) shall be a waterway user (such as fishers, boaters, water skiers, etc.) and one (1) shall be a
manatee advocate or other environmental advocate. The remaining 4 members shall be based upon applications
submitted directly to the Lagoon Division and reviewed and approved by staff. The final composition of the
committee shall be comprised of fifty percent waterway users and fifty percent manatee advocates or other
environmental advocates as governed by §379.2431 (2)(f), FS.
ANALYSIS
N/A
BUDGETARYIMPACT
Staff time, currently budgeted and funded from the Lagoon Division in the General Fund, would be the only cost incurred in relation
to formation of the Local Rule Review Committee.
PREVIOUS BOARD ACTIONS
Between 1989 and 1992, the County in cooperation with the Florida Department of Environmental Protection Division of Marine
Resources, Bureau of Protected Species Management (now FWC) established manatee protection speed zones. The speed zones were
adopted in July of 1992 and sign posting was completed in July 1993.
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
Manatee Protection Plan
STAFF RECOMMENDATION
Staff recommends the Board of County Commissioners authorize staff to form a Local Rule Review Committee for the proposed
FWC rule changing manatee speed zones within the Indian River County section of the Indian River Lagoon. Staff recommends each
Board member appoint two (2) members to the LRRC consisting of one (1) waterway user and (1) manatee/environmental advocate.
Staff recommends the Board authorize staff to solicit applications for and approve the remaining 4 members. Staff also recommends
the Board authorize staff to be the liaison between FWC and the Local Rule Review Committee to facilitate the local rule review
process.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Local Rule Review Committee
Name:
Occupation:
Phone Number: Email:
Street Address: City: Zip:
Provide a brief statement on your background and experience as a waterway user, environmental advocate or manatee advocate:
Why would you be a valuable asset to the Local Rule Review Committee:
Please submit to: indianriverlagoon@indianriver.gov
88
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
�roA MEMORANDUM
File ID: 25-0705 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Kylie Yanchula, Natural Resources Director
FROM: Quintin Bergman, Coastal Resource Manager
DATE: June 27, 2025
SUBJECT: FDEP LGFR Grant 221RI Amendment No. 1 - Wabasso Beach Restoration
Project - Sector 3
BACKGROUND
Florida Department of Environmental Protection (FDEP) Local Government Funding Request (LGFR) Grant
Program assists eligible governmental entities for beach erosion control activities. FDEP LGFR Grant No.
22IRl was awarded to the County as a cost share grant for construction and year 1 post -construction related
monitoring expenses associated with the Sector 3 Beach and Dune Restoration Project (Project) which
completed construction in March of 2022. On February 21, 2023 the Board of County Commissioners (BOCC)
approved the Agreement for FDEP LGFR Grant No. 22IR1 for up to $7,322,869 in cost share. The County
continues to work with the FDEP and FEMA on submitting reimbursements for costs associated with the
Project. Grant No. 221R expires on June 30, 2025. The attached Amendment No. 1 maintains the same funding
levels but extends the Task Deliverable Due Dates through to June 30, 2026, with the amended grant agreement
reflecting a twelve (12) month extension.
ANALYSIS
N/A
BUDGETARYIMPACT
No additional costs will be incurred to accept this grant amendment and extension.
PREVIOUS BOARD ACTIONS
23-0147 FDEP Grant Agreement 22IRl - Wabasso Beach Restoration Project - Sector 3 Construction and Year
1 Monitoring
POTENTIAL FUTURE BOARD ACTIONS
Possible Grant Amendments
STRATEGIC PLAN ALIGNMENT
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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Environment
OTHER PLAN ALIGNMENT
Sector 3 is one of the beach management sectors outlined in the Beach Preservation Plan
STAFF RECOMMENDATION
Staff recommends the BOCC approve FDEP LGFR Grant 221R Amendment No. 1 and authorize the County
Administrator to sign the Amendment on behalf of the County. In addition, staff recommends the BOCC
further authorize the County Administrator to sign any future Amendments to LGFR 221R1 that do not alter its'
financial terms on behalf of the County and upon concurrence by the County Attorney.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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AMENDMENT NO. 1
TO AGREEMENT NO. 221R1
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY
This Amendment to Agreement No. 221RI (Agreement) is made by and between the Department of
Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 271s Street,
Building A, Vero Beach, Florida 32960 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Wabasso Beach Restoration
Project — Sector 3 effective March 6, 2023; and
WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) The Agreement is extended for a twelve (12) month period to begin July 1, 2025, and remain in effect until June 30,
2026. The Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
2) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A,
Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated in the Agreement.
All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms
and Conditions.
3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A,
Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated in the Agreement. All
references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and
Conditions.
4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant
Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the
Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan.
5) Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A,
Revised Public Records Requirements, as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records
Requirements.
6) Attachment 5, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-A,
Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5-A, Revised Special Audit
Requirements.
7) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
Agreement No.: 22IR1
1 of 2
Amendment No.: 1
Rev. 5/7/2024
91
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Indian River County
By:
Title:
Date:
Florida Department of
Environmental Protection
LE
Secretary or Designee
Date:
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Tyne
Letter/Number
Description
Attachment
1-A
Revised Standard Terms and Conditions (14 pages)
Attachment
2-A
Revised Special Terms and Conditions (3 pages)
Attachment
3-A
Revised Grant Work Plan (4 pages)
Attachment
4-A
Revised Public Records Requirements (1 page)
Attachment
5-A
Revised Special Audit Requirements (7 pages)
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Agreement No.: 22IR1
2 of 2
Amendment No.: 1
Rev. 5/7/2024
92
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
REVISED STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1-A
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
Attachment 1-A
1 of 14
Rev. 3/21/2025
93
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
Attachment 1-A
2of14
Rev. 3/21/2025
94
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
8. Payment.
a. Pement Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: hgps://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments under this Agreement be directed to the relevant
county or municipality or to the RAO itself. The Department will agree to Grantee's request if-
i.
ii. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
httos://floridaj obs.org/community-planning-and-development/rural-commgniiy_proUams/rural-areas-of-
WportunitV.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
Attachment 1-A
3of14
Rev. 3/21/2025
95
ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor's website, if Contractor maintains a website.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
https://www.myfloridacfo. com/division/aa/local-governments/judgement-interest-rates.
1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants
funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000
or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The
Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the
purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its
subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed -
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price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital
outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of EgWRment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
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that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (3 0) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
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Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (3 0) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
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arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
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22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. The Grantee, its subgrantees, subcontractors and agents must also comply with the following civil rights laws and
regulations:
i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted
programs on the basis of race, color, or national origin in the delivery of services or benefits);
ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting
discrimination on the basis of sex in the delivery of services or benefits under the Federal Water
Pollution Control Act as amended);
iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs
on the basis of disability, both in employment and in the delivery of services and benefits);
iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis
of age in the delivery of services or benefits);
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V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
1973);
vi. United States Executive Order (EO) 13166 (federal agencies required to ensure that recipients of federal
financial assistance take reasonable steps to provide meaningful access to their programs and activities
by Limited English Proficiency (LEP) persons).
vii. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.),
including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status).
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States -this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a "project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
hMs://www.ppa.gov/invest/investin,q-america-signage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
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costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F. S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http:Hdos.myflorida.com/librmy-archives/records-mana eg ment/jzeneral-records-schedulesn.
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub -grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
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iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps. fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
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c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Development at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
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40. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors shall give
preference to food commodities grown or produced in this state when purchasing food commodities, including farm
products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of marketing such product.
42. Anti-human Trafficking.
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality;
(2) the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if:
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%)
of the total Project Cost under this Agreement or $2,500, whichever is greater.
Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system that are necessary for operation or concealment (excepting
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Terms and Conditions
AGREEMENT NO. 221R1
ATTACHMENT 2-A
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Wabasso Beach Restoration Project — Sector 3. The Project is
defined in more detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
❑ ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits, N/A.
❑ ❑ b. Indirect Costs, N/A.
N ❑ Contractual (Subcontractors)
❑ ❑ Travel, in accordance with Section 112, F.S.
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
See Attachment 3, Grant Work Plan.
8. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
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maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
d. Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general
liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the
Grantee.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
Applicable to contracts with a common carrier — firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
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according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity
This agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.0656(2).
16. Additional Terms.
None.
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ATTACHMENT 3-A
REVISED GRANT WORK PLAN
PROJECT TITLE: Wabasso Beach Restoration Project — Sector 3
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R20 and R55 along the Atlantic Ocean in Indian River County,
Florida.
PROJECT BACKGROUND: The Project consists of nourishment of the County's Sector 3 Beach and
Dune Restoration Project. The construction project will place approximately 670,600 cubic yards of beach -
compatible sand fill and plant approximately 352,120 native dune plants along 6.6 miles of shoreline from
R20 to R55 in Indian River County. The Department's designation of critically -eroded shoreline ends at
R51.3, so the shoreline outside of this area is not eligible for state cost share. The funding request is for the
reimbursement of FY20/21 costs and the request for upcoming construction and first-year monitoring funds.
Staff have determined that 100% of the project is eligible for state cost share.
PROJECT DESCRIPTION: The project consists of construction and Year 1 Monitoring.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the
sum of $7,322,869.00 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for
the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is
an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that
eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code
(F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in section 112.061, Florida Statute (F.S.).
Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
hLtps:Hfloridadgp. gov/sites/default/files/PhysicalMonitorinizStandards.pdf
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 22181, Amendment 1, Attachment 3-A, Page 1 of 4
110
Acronyms:
DEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
FDEM — Florida Department of Emergency Management
FEMA — Federal Emergency Management Agency
F.S. — Florida Statutes
FWC — Florida Fish and Wildlife Conservation Commission
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report signed by
Local Sponsor must be submitted detailing activities completed during the payment request period. The
Task Summary Report must include the dates and descriptions of all activities, surveys and reports
completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Monitoring
State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute
and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest
and to be consistent with section 287.057(19)(a)(1), F.S., all monitoring data and statistical analysis must
be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor
permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate
mitigation plan, consistent with section 287.057(19)(a)(1), F.S., including a description of organizational,
physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses
DEP Agreement No. 221RI, Amendment 1, Attachment 3-A, Page 2 of 4
111
conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction
environmental monitoring services, or when the Project engineering consultant firm subcontracts for post -
construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and
mangrove resources. Department approval of the consultant's mitigation plan will be required prior to
execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to
comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by
the Department associated with environmental monitoring for the Project listed.
Task Description: This task includes activities associated with permit -required monitoring conducted in
accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must
be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring
Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of
nearshore resources is available in the Department's Standard Operation Procedures For Nearshore
Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products
directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be
eligible for reimbursement under this task, unless otherwise directed.
Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report
signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in
progress during the payment request period and, 2) Documentation of submittal to state and federal
regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under
this task description.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
NOTE: Federal Estimated Project Costs include the following:
Hurricane Irma, 90% FEMA and 5% FDEM, for a total 95%
Hurricane Dorian, 75% FEMA and 12.5% FDEM, for a total 87.5%
Hurricane Matthew, 75% FEMA and 12.5% FDEM, for a total 87.5%
DEP Agreement No. 221RI, Amendment 1, Attachment 3-A, Page 3 of 4
112
State
Cost
Federal
Task # Eligible Project Tasks
Share
Es timate d
DEP
Local Total
�o/a)
Project Costs
1 Construction
150.00%
$9,750,112.00
$7,124,944.00
$7,124,944.00 $24,000,000.00
2 Monitoring
150.00%1
$0.001
$197,925.00
$197,925.00 $395,850.00
TOTAL PROJECT COSTS
$9,750,112.00
$7,322,869.00
$7,322,869.00 $24,395,850.00
NOTE: Federal Estimated Project Costs include the following:
Hurricane Irma, 90% FEMA and 5% FDEM, for a total 95%
Hurricane Dorian, 75% FEMA and 12.5% FDEM, for a total 87.5%
Hurricane Matthew, 75% FEMA and 12.5% FDEM, for a total 87.5%
DEP Agreement No. 221RI, Amendment 1, Attachment 3-A, Page 3 of 4
112
PROJECT THWELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
Task
No.
Task Title
Budget Category
Budget Amount
Task Start
Date
Deliverable
Due Date
1
Construction
Contractual Services
$7,124,944.00
11/01/2020
03/31/2026
2
Monitoring
Contractual Services
$ 197,925.00
11/01/2020
03/31/2026
Total:
$7,322,869.00
Note that, per paragraph 8.j. of the agreement, authorization for continuation and completion of work and
any associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Local Sponsor
with this and future requests for extension.
DEP Agreement No. 22181, Amendment 1, Attachment 3-A, Page 4 of 4
Hit]
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Public Records Requirements
Attachment 4-A
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution and section 119.07(1), F. S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F. S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119. 10, F. S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public. servicesAfloridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4-A
1 of 1
Rev. 4/8/2024
114
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-A
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP" "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
16KI 114 8 a W D1 11 D1 "Al 11 " 100 110411
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT
1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the
recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at bZs://sam.gov/contentlassistance-listings.
Attachment 5-A
1 of 7
BGS -DEP 55-215 revised 11/19/24
115
PART H: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at hgps://aos.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
htti)://www.leiz.state.fl.us/Welcome/index.cfin, State of Florida's website at bqp://www.myflorida.com/,
Department of Financial Services' Website at hU://www.fldfs.com/and the Auditor General's Website at
htty://www.myflorida.com/audgen/.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5-A
2of7
BGS -DEP 55-215 revised 11/19/24
116
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at bgp://harvester.census.gov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSin leAudi _ dep.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.gov0 provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudit(&dep. state. fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5-A
3 of 7
BGS -DEP 55-215 revised 11/19/24
117
5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and time the reporting package was delivered to the recipient and any correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5-A
4of7
BGS -DEP 55-215 revised 11/19/24
118
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File ID: 25-0706
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Indian River County, Florida
MEMORANDUM
Type: Consent Staff Report
Board of County Commissioners
John A. Titkanich, Jr., County Administrator
Kylie Yanchula, Natural Resources Director
Quintin Bergman, Coastal Resource Manager
June 27, 2025
b -
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
FDEP LGFR Grant 19IR3 Amendment No. 3 - Vero Beach Restoration
Project - Sector 5
BACKGROUND
Florida Department of Environmental Protection (FDEP) Local Government Funding Request (LGFR) Grant
Program assists eligible governmental entities for beach erosion control activities. FDEP LGFR Grant No.
19IR31 was awarded to the County as a cost share grant for feasibility, design and construction costs for the
Sector 5 Beach and Dune Restoration Project (Project) which completed construction in March of 2020. On
September 26, 2019 the Board of County Commissioners (BOCC) approved the Agreement for FDEP LGFR
Grant No. 19IR3 for up to $821,833 in cost share. On April 21, 2020 the BOCC approved Amendment No. 1
which increased the cost share funds to $1,748,751. On January 9, 2024 the BOCC approved Amendment No. 2
which maintained the same funding total but extended the Task End Dates. The County continues to work with
the FDEP and FEMA on submitting reimbursements for costs associated with the Project. Grant No. 19IR3
Amendment No. 2 expires on June 30, 2025. The attached Amendment No. 3 maintains the same funding levels
but extends the Task Deliverable Due Dates through to December 31, 2025, with the amended grant agreement
reflecting a six (6) month extension.
ANALYSIS
N/A
BUDGETARY IMPACT
No additional costs will be incurred to accept this grant amendment and extension.
PREVIOUS BOARD ACTIONS
24-0027 Amendment No. 2 - FDEP Grant Agreement No. 19IR3 (Vero Beach Restoration - Sector 5)
20-1501 Amendment No. 1 - FDEP Grant Agreement No. 19IR3 Vero Beach Restoration - Sector 5
19-0826 FDEP Grant Agreement No. 19IR3 Vero Beach Restoration - Sector 5
POTENTIAL FUTURE BOARD ACTIONS
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by Legistar' 122
Possible Grant Amendments
STRATEGIC PLAN ALIGNMENT
Environment
OTHER PLAN ALIGNMENT
Sector 5 is one of the beach management sectors outlined in the Beach Preservation Plan
STAFF RECOMMENDATION
Staff recommends the BOCC approve FDEP LGFR Grant 19IR3 Amendment No. 3 and authorize the County
Administrator to sign the Amendment on behalf of the County. In addition, staff recommends the BOCC further
authorize the County Administrator to sign any future Amendments to LGFR Grant 19IR3 that do not alter its'
financial terms on behalf of the County and upon concurrence by the County Attorney.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
powered by Legistarn 123
AMENDMENT NO.3
TO AGREEMENT NO. 191R3
BETWEEN
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
AND
INDIAN RIVER COUNTY
This Amendment to Agreement No. 19183, as previously amended, (Agreement) is made by and between the
Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801
27th Street, Building A, Vero Beach, Florida, 32960 (Grantee), on the date last signed below.
WHEREAS, the Department entered into the Agreement with the Grantee for the Vero Beach Restoration Project
effective September 26, 2019; and
WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and
WHEREAS, the parties wish to amend the Agreement as set forth herein.
NOW THEREFORE, the parties agree as follows:
1) The Agreement is extended for a six (6) month period to begin July 1, 2025, and remain in effect until December 31,
2025. The Department and the Grantee shall continue to perform their respective duties during this extension period
pursuant to the same terms and conditions provided in the Agreement.
2) Attachment 1-A, Revised Standard Terms and Conditions, is hereby deleted in its entirety and replaced with
Attachment 1-B, Second Revised Standard Terms and Conditions, as attached to this Amendment and hereby
incorporated in the Agreement. All references in the Agreement to Attachment 1-A shall hereinafter refer to
Attachment 1-B, Second Revised Standard Terms and Conditions.
3) Attachment 2-A, Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with
Attachment 2-B, Second Revised Special Terms and Conditions, as attached to this Amendment and hereby
incorporated in the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to
Attachment 2-B, Second Revised Special Terms and Conditions.
4) Attachment 3-B, Second Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-
C, Third Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All
references in the Agreement to Attachment 3-B shall hereinafter refer to Attachment 3-C, Third Revised Grant Work
Plan.
5) Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A,
Revised Public Records Requirements, as attached to this Amendment and hereby incorporated into the Agreement.
All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records
Requirements.
6) Attachment 5-B, Second Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with
Attachment 5-C, Third Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated
into the Agreement. All references in the Agreement to Attachment 5-B shall hereinafter refer to Attachment 5-C,
Third Revised Special Audit Requirements.
7) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may
appear between the Agreement and this Amendment, the provisions of this Amendment shall control.
Agreement No.: 19183
1 of 2
Amendment No.: 3
Rev. 5M2024
124
The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives
to sign it on the dates indicated below.
Indian River County
By:
Title:
Date:
Florida Department of
Environmental Protection
Lo
Secretary or Designee
Date:
LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT:
Specify Type
Letter/Number
Description
Attachment
1-B
Second Revised Standard Terms and Conditions (14 pages)
Attachment
2-B
Second Revised Special Terms and Conditions (3 pages)
Attachment
3-C
Third Revised Grant Work Plan (4 pages)
Attachment
4-A
Revised Public Records Requirements (1 page)
Attachment
5-C
Third Revised Special Audit Requirements (7 pages)
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Agreement No.: 19183 Amendment No.: 3
2 of 2
Rev. 5/7/2024
125
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SECOND REVISED STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1-B
1. Entire Agreement.
This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following:
(1) an increase or decrease in the Agreement funding amount;
(2) a change in Grantee's match requirements;
(3) a change in the expiration date of the Agreement; and/or
(4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in
Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget
as last approved by Department.
A change order to this Agreement may be used when:
(1) task timelines within the current authorized Agreement period change;
(2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work
Plan, are less than twenty percent (20%) of the total budget as last approved by Department;
(3) changing the current funding source as stated in the Standard Grant Agreement; and/or
(4) fund transfers between budget categories for the purposes of meeting match requirements.
This Agreement may be amended to provide for additional services if additional funding is made available by the
Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
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4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
5. Performance Measures.
The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its
employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt, they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant
Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory
performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or
Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the
Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Invoice reduction
If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each
day the deadline is missed, unless an extension is approved in writing by the Department.
c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
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does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to convect or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the.
Agreement.
8. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable
established by the Grant Work Plan, and the billing procedures established by Department, Department agrees
to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.).
b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee,
however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address: haps://www.myfloridacfo.com/docs-sf/accountiniz-and-auditing-libraries/state-
agencies/reference-guide-for-state-expenditures.pdf.
e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a
"rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee
may request from the Department that all invoice payments under this Agreement be directed to the relevant
county or municipality or to the RAO itself. The Department will agree to Grantee's request if:
i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or
"rural area of opportunity" under subsection 288.0656(2), F.S.;
ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress"
factors defined in subsection 288.0656(2)(c), F.S.;
iii. Grantee's performance has been verified by the Department, which has determined that Grantee is
eligible for invoice payments and that Grantee's performance has been completed in accordance
with this Agreement's terms and conditions; and
iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments.
This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule,
or regulation. A current list of Florida's designated RAOs can be accessed at the following web address:
hos:Hfloridajobs.org communiiy_planning-and-development/rural-commum —programs/rural-areas-of-
opportunity.
f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and
post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit
organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that
indicates the amount of state funds:
i. Allocated to be used during the full term of the contract or agreement for remuneration to any
member of the board of directors or an officer of Contractor.
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ii. Allocated under each payment by the public agency to be used for remuneration of any member of
the board of directors or an officer of the Contractor.
The documentation must indicate the amounts and recipients of the remuneration. Such information must be
posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be
posted on the Contractor's website, if Contractor maintains a website.
h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the
Agreement.
j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
trips://www.myfloridacfo. com/division/aa/local-governments/judgement-interest-rates.
1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds
and the Department is required to refund the federal government, the Grantee shall refund the Department its
share of those funds.
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following
conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for
multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of
written notification. Interest shall be charged on the excessive rate.
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and
Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants
funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000
or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The
Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the
purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and
ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its
subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed -
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price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request
for Proposals, or other similar competitive procurement document) resulting in the Fixed-price
subcontract. The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above. In this instance, Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061,
F.S.
e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital
outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay
costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly
completed Exhibit B, Property Reporting Form.
f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period,
problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period.
Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting
period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30,
September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty
(30) days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually performed. The Department shall provide written notification to Grantee of the failure to perform
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that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice, the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees
and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the
Grantee providing such insurance.
c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any
reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10) days after the cancellation of coverage.
e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add
the Department of Environmental Protection, its employees, and officers as an additional covered party
everywhere the Agreement requires them to be added as an additional insured.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty (30) days of the effective date of termination. The
Department shall not pay any invoices received after thirty (30) days of the effective date of termination.
b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that
the default was excusable, the rights and obligations of the parties shall be the same as if the termination had
been issued for the convenience of Department. The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination
unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant
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Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement, if any.
14. Notice of Default.
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non-
exclusive list of events, acts, or omissions, shall constitute events of default:
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so, or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect,
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate
assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization, or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is
in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars
of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration
of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first
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arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole
discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department
may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to
and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject
of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits,
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee.
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000.
20. Remedies.
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
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22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on
the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or replies
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid, proposal, or reply on any contract to provide any good or services to a public entity;
may not submit a bid, proposal, or reply on any contract with a public entity for the construction or
repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real
property to a public entity; may not be awarded or perform work as a Grantee, supplier,
subcontractor, or consultant under a contract with a public entity; and may not transact new business
with a public entity.
iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust
violator vendor list during the life of the Agreement. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Development, at (850) 487-0915.
23. Compliance with Federal, State and Local Laws.
a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. The Grantee, its subgrantees, subcontractors and agents must also comply with the following civil rights laws and
regulations:
i. Title VI of the Civil Rights Act of 1964 as amended (prohibiting discrimination in federally assisted
programs on the basis of race, color, or national origin in the delivery of services or benefits);
ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting
discrimination on the basis of sex in the delivery of services or benefits under the Federal Water
Pollution Control Act as amended);
iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs
on the basis of disability, both in employment and in the delivery of services and benefits);
iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis
of age in the delivery of services or benefits);
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V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972
Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of
1973);
vi. United States Executive Order (EO)13166 (federal agencies required to ensure that recipients of federal
financial assistance take reasonable steps to provide meaningful access to their programs and activities
by Limited English Proficiency (LEP) persons).
vii. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.),
including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex,
pregnancy, national origin, age, handicap, or marital status).
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding.
This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local
Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where
there is a valid waiver in place. However, the provision may apply to funds expended before the waiver
or after expiration of the waiver.
If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for
infrastructure are required to comply with the Build America, Buy America Act (BABA), including the
following provisions:
a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
b. All manufactured products used in the project are produced in the United States -this means the manufactured
product was manufactured in the United States; and the cost of the components of the manufactured product
that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all
components of the manufactured product, unless another standard for determining the minimum amount of
domestic content of the manufactured product has been established under applicable law or regulation; and
c. All construction materials are manufactured in the United States -this means that all manufacturing processes for
the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated
into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as
temporary scaffolding, brought to the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but
are not an integral part of the structure or permanently affixed to the infrastructure project.
25. Investing in America
Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the
Inflation Reduction Act, including the following provision:
a. Signage Requirements
a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction
sites supported in whole or in part by this award displaying the official Investing in America
emblem and must identify the project as a "project funded by President Biden's Bipartisan
Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as
applicable. The sign must be placed at construction sites in an easily visible location that can be
directly linked to the work taking place and must be maintained in good condition throughout the
construction period.
The recipient will ensure compliance with the guidelines and design specifications provided by
EPA for using the official Investing in America emblem available at:
fts://www.gpa.izov/invest/investing-america-sigLiage.
b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323,
recipients are encouraged to use recycled or recovered materials when procuring signs. Signage
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costs are considered an allowable cost under this assistance agreement provided that the costs
associated with signage are reasonable. Additionally, to increase public awareness of projects
serving communities where English is not the predominant language, recipients are encouraged to
translate the language on signs (excluding the official Investing in America emblem or EPA logo
or seal) into the appropriate non-English language(s). The costs of such translation are allowable,
provided the costs are reasonable.
26. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this
Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the
Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott
of Israel during the term of the Agreement.
b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the
Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in
section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate
this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if
the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business
operations in Cuba or Syria during the term of the Agreement.
C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting
prohibitions, then they shall become inoperative.
27. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that
agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S.
28. Record Keeping.
The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In
the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized
State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial
records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such
records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
h!W://dos.myflorida.com/libLar. menbgeneral-records-schedules.
29. Audits.
a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing, on its sub-grantees and/or subcontractors, respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours, including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
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iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether
the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps. fldfs.com\fsaa.
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
(30) days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
30. Conflict of Interest.
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
31. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
32. Subcontracting.
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For
cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status,
or non-compliance with an applicable Department policy or other requirement.
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c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor, or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any
subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities, unless the basis of Department's denial is safety or security considerations.
f. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting
the Office of Supplier Development at (850) 487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
33. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
34. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and
public records, shall survive termination, cancellation, or expiration of this Agreement.
35. Third Parties.
The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its
agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third -
party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement.
36. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions
are severable to that void provision, and shall remain in full force and effect.
37. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
38. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under
any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event
of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
39. Compensation Report.
If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State,
annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the
Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for
the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash
equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout.
The Grantee must also inform the Department of any changes in total executive compensation between the annual
reports. All compensation reports must indicate what percent of compensation comes directly from the State or
Federal allocations to the Grantee.
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40. Disclosure of Gifts from Foreign Sources.
If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current
or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in
section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest
existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years.
Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or
grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the
date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or
controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above,
then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the
Department of Financial Services.
41. Food Commodities.
To the extent authorized by federal law, the Department, its grantees, contractors and subcontractors shall give
preference to food commodities grown or produced in this state when purchasing food commodities, including farm
products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed
by a farm operation or processor for the purpose of marketing such product.
42. Anti-human Trafficking.
If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an
officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for
labor or services as defined in section 787.06, F.S.
43. Iron and Steel for Public Works Projects.
If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to
be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the
United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines
that any of the following circumstances apply to the Project:
(1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably
available, or of satisfactory quality;
(2) the use of iron or steel products produced in the United States will increase the total cost of the project by more
than twenty percent (20%); or
(3) complying with this requirement is inconsistent with the public interest.
Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if:
(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project
specifications; and
(2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%)
of the total Project Cost under this Agreement or $2,500, whichever is greater.
Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system that are necessary for operation or concealment (excepting
transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from
the requirements of this paragraph.
This provision shall be applied in a manner consistent with and may not be construed to impair the state's
obligations under any international agreement.
44. Complete and Accurate information.
Grantee represents and warrants that all statements and information provided to DEP are current, complete, and
accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits.
45. Execution in Counterparts and Authority to Sign.
This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Second Revised Special Terms and Conditions
AGREEMENT NO. 191113
ATTACHMENT 2-B
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions, Attachment 1. Where in conflict, these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Vero Beach Restoration Project. The Project is defined in more
detail in Attachment 3, Grant Work Plan.
2. Duration.
a. Reimbursement Period. The reimbursement period for this Agreement begins on January 1, 2016 and ends at
the expiration of the Agreement.
b. Extensions. There are extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement.
3. Payment Provisions.
a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this
Agreement as described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay. Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following
budget categories, as defined in the Reference Guide for State Expenditures, as indicated:
Reimbursement Match Category
❑ ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs:
❑ ❑ a. Fringe Benefits, N/A.
❑ ❑ b. Indirect Costs, N/A.
® ❑ Contractual (Subcontractors)
❑ ❑ Travel, in accordance with Section 112, F.S.
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
See Attachment 3, Grant Work Plan.
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8. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or
alternatively, Grantee may provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement, however the minimum insurance requirements applicable to this Agreement are:
a. Commercial General Liability Insurance.
The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during the Agreement. The Department, its employees, and officers shall be named
as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each
occurrence and $500,000 policy aggregate.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile
liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as
follows:
$200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable
$200,000/300,000 Hired and Non -owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage.
The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer
liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Grant.
Other Insurance. None.
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the
Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement without the prior written consent of the Department's
Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval.
The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for
subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be
performed under this Agreement.
12. State-owned Land.
The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general
liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the
Grantee.
13. Office of Policy and Budget Reporting.
There are no special Office of Policy and Budget reporting requirements for this Agreement.
14. Common Carrier.
Applicable to contracts with a common carrier — firm/person/corporation that as a regular business
transports people or commodities from place to place. If applicable, Contractor must also fill out and
return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section
908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is
found to be in violation of the law or the attestation in PUR 1808.
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b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s)
must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of
transporting a person into this state knowing that the person unlawfully present in the United States
according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The
Department will terminate a contract immediately if Contractor is found to be in violation of the law or the
attestation in PUR 1808.
15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity
This agreement does not provide federal or state financial assistance to a county or municipality that is a rural
community or rural area of opportunity as those terms are defined in s. 288.0656(2).
16. Additional Terms.
None.
Attachment 2-B
3 of 3
Rev. 7/08/24
142
ATTACHMENT 3-C
THIRD REVISED GRANT WORK PLAN
PROJECT TITLE: Vero Beach Restoration
PROJECT LOCATION: The Project is located between Department of Environmental Protection
(Department or DEP) reference monuments R70 and R86 along the Atlantic Ocean in Indian River County,
Florida.
PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.07 miles
of critically eroded shoreline between DEP reference monuments R-70 and R-86 in Indian River County. The
County conducted a feasibility study and recently received federal and state permits for the restoration project.
PROJECT DESCRIPTION: The Project consists of feasibility, design, and construction.
PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project
cost for Task 1 and 93.3 percent of the non-federal Project cost for Task 2 and 3 is eligible for state cost
sharing. Therefore, the Department's financial obligation shall not exceed the sum of $1,748,751.00 for this
Project or up to 50 percent of the non-federal Project cost for Task 1 and 46.65 percent of the non-federal
Project cost for Task 2 and 3, if applicable, for the specific eligible Project items listed, whichever is less.
Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages
of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained
pursuant to 62B-36, Florida Administrative Code (F.A.C.).
The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel
limits established in section 112.061, Florida Statute (F.S.).
Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible
governmental entities for beach erosion control and inlet management activities under the Florida Beach
Management Funding Assistance Program.
Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor,
has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated
with the beach erosion control project as described herein.
The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement,
all applicable Department permits and the eligible Project task items established below. All data collection
and processing, and the resulting product deliverables, shall comply with the standards and technical
specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects
(2014) and all associated state and federal permits, unless otherwise specified in the approved scope of
work for an eligible Project item. The monitoring standards may be found at:
https://floridadep. gov/sites/default/files/PhysicalMonitoringStandards.pdf
One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the
Department, unless otherwise specified.
DEP Agreement No. 19183, Amendment 3, Attachment 3-C, Page 1 of 4
143
Acronyms:
FDEM — Florida Department of Emergency Management
DEP — Florida Department of Environmental Protection
F.A.C. — Florida Administrative Code
FEMA — Federal Emergency Management Agency
F.S. — Florida Statutes
TASKS and DELIVERABLES:
The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized
by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be
completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work
and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager
to be included into this work plan for reimbursement.
Task 1: Feasibility Study
Task Description: The Local Sponsor will acquire professional services for activities necessary to
determine the feasibility of the proposed Project or Project -related improvements necessary to accomplish
Department -approved goals and strategies.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
feasibility report was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 2: Design and Permitting
Task Description: The Local Sponsor will acquire professional services for the engineering and design of
the Project such as coastal engineering analyses, preparation of plans and specifications, physical and
environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet
studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental
permits and other Project -related authorizations. The Local Sponsor will submit work products to the
appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be
eligible for reimbursement under this task.
Deliverable: Certification of Completion including documentation of submittal affirming that the final
design document was completed and submitted to the Department. For interim payment requests, a Task
Summary Report signed by the Local Sponsor must be submitted detailing work progress during the
payment request period. The Task Summary Report must include the dates and descriptions of all activities,
surveys and reports completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
DEP Agreement No. 19183, Amendment 3, Attachment 3-C, Page 2 of 4
144
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Task 3: Construction
Task Description: This task includes work performed and costs incurred associated with the placement of
fill material and/or the construction of erosion control structures within the Project area. Project costs
associated with eligible beach and inlet construction activities include work approved through construction
bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include
mobilization, demobilization, construction observation or inspection services, physical and environmental
surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization
measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and
all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal
regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement
under this task.
Deliverable: Certification of Completion by a Florida -registered Professional Engineer with
documentation of submittal to the Department affirming the construction task was completed in accordance
with construction contract documents. For interim payment requests, a Task Summary Report signed by
Local Sponsor must be submitted detailing activities completed during the payment request period. The
Task Summary Report must include the dates and descriptions of all activities, surveys and reports
completed or in progress during the time period of the interim payment request.
Performance Standard: The DEP Project Manager will review the task deliverable and any associated
work products as necessary to verify they meet the specifications in the Grant Work Plan and this task
description.
Payment Request Schedule: Payment requests may be submitted after the deliverable is received and
accepted and may be submitted no more frequently than quarterly.
Estimated Eligible Project Cost
Note: The federal share includes FEMA and FDEM.
DEP Agreement No. 19183, Amendment 3, Attachment 3-C, Page 3 of 4
145
State
k
Task
Cost
Federal
Eligible Project Tasks
Share
are
Estimated
DEP
Local
Total
("ar
Project Costs
1
Feasibility Study
50.00%
$0.00
$16,124.00
$16,124.00
$32,248.00
2
Design and Permitting
46.65%
$0.00
$109,029.33
$124,688.42
$233,717.75
3
Construction
46.65%
$1,030,156.13
$1,623,597.67
$1,856,783.19 $4,510,536.99
TOTAL PROJECT COSTS
$1,030,156.13
$1,748,751.00
$1,997,595.61
$4,776,502.74
Note: The federal share includes FEMA and FDEM.
DEP Agreement No. 19183, Amendment 3, Attachment 3-C, Page 3 of 4
145
PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables
received by, the corresponding deliverable due date.
Task
No.
Task Title
Budget Category
Budget
Amount
Task Start
Date
Deliverable
Due Date
1
Feasibility Study
Contractual Services
$ 16,124.00
01/01/2016
09/30/2025
2
Design and Permitting
Contractual Services
$ 109,029.33
01/01/2016
09/30/2025
3
1 Construction
Contractual Services$
1,623,597.67
01/01/2016
09/30/2025
Total -t$
1,748,751.00
Note that, per paragraph 8.j. of the agreement, authorization for continuation and completion of work and
any associated payments may be rescinded, with proper notice, at the discretion of the Department if the
Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds
for this project may become unavailable in the future. This should be a consideration for the Local Sponsor
with this and future requests for extension.
DEP Agreement No. 19183, Amendment 3, Attachment 3-C, Page 4 of 4
146
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Revised Public Records Requirements
Attachment 4-A
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless
of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the
Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida
Constitution and section 119.07(1), F.S.
b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable.
For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as
defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall:
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties under section 119. 10, F.S.
d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements
are not disclosed except as authorized by law for the duration of the contract term and following completion of the
contract if the contractor does not transfer the Public Records to Department.
e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public
Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor
keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department. These formatting requirements are satisfied by using the data
formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the
contractor is authorized to access.
f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email: public.services(i ,floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4-A
lofl
Rev. 4/8/2024
147
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Third Revised Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5-C
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be
referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring
by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or
program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT
1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection
by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider
all sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an
audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the
recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the
audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient
resources obtained from non-federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the
internet at hgps:Hsam.gov/content/assistance-listings.
Attachment 5-C
1 of 7
BGS -DEP 55-215 revised 11/19/24
148
PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project -specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial
assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost
of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access
the Florida Single Audit Act website located at hgps://aos.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
h!W://www.leg_state.fl.us/Welcome/index.cfin, State of Florida's website at hM://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
PART IH: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entityspolicy (i.e., the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes,
State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted
in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION .
Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit
Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by
or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by
2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address:
Attachment 5-C
2 of 7
BGS -DEP 55-215 revised 11/19/24
149
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.jzov/facweb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAuditAdep.state. flus
B. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (http://flauditor.govA provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSingleAudita,dep.state. flus
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
Attachment 5-C
3 of 7
BGS -DEP 55-215 revised 11/19/24
150
Recipients, when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local
governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should
indicate the date and time the reporting package was delivered to the recipient and any correspondence
accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request. The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection.
Attachment 5-C
4of7
BGS -DEP 55-215
revised 11/19/24
151
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Indian River County, Florida
* * MEMORANDUM
�RIpA
File ID: 25-0716 Type: Consent Staff Report
TO: Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
David Johnson, Director of Emergency Services
FROM: Ryan Lloyd, Deputy Director of Emergency Services
Department of Emergency Services
DATE: July 1, 2025
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Preparedness
Assistance (EMPA) State -Funded Subgrant Agreement # A0435
BACKGROUND
Each year, the Florida Division of Emergency Management, through the executive office of the Governor,
administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each
Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19,
Florida Administrative Code.
ANALYSIS
The funding for the EMPA is used to enhance and improve emergency management mitigation, planning,
response and recovery directly affecting the lives and property of Indian River County residents and visitors. In
accordance with the Emergency Management 2021-2024 strategic plan, the items listed below will enhance the
ability of Emergency Management to adequately respond to and recover from disaster events required within
the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved.
BUDGETARY IMPACT
This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management.
The term of the agreement is from July 1, 2025 through June 30, 2026. The state recognizes line -item changes
may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their
written approval. For these reasons, staff requests authorization to make these adjustments rather than return the
funding for reallocation to other counties.
The FY 2025/2026 EMPA grant is in the amount of $105,806 of which has been allocated for salary and
benefits. Funds will be available in the General Fund/EMPA Grant/Salaries and Benefits Accounts, number
00123825. The County is permitted to use a broad range of matching funds for which the Emergency
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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Management budget is used as the matching for this grant. No additional funding is required.
Account Name
Account Number
Amoun
General Fund/EMPA Grant/Salary and
Benefits
00123825-011120
$105,80
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PREVIOUS BOARD ACTIONS
The grant was previously approved on July 2, 2024.
POTENTIAL FUTURE BOARD ACTIONS
This grant is presented to the board annually for their approval.
STRATEGIC PLAN ALIGNMENT
Public Safety
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends Approval of the EMPA State -Funded Subgrant Agreement, associated expenditures, and
authorization of the Chairman to execute this agreement between Indian River County Emergency Management
and the State of Florida, Division of Emergency Management.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Agreement Number: A0542
STATE -FUNDED GRANT AGREEMENT
EMERGENCY PREPARDNESS AND ASSISTANCE GRANT
THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with
headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County
, (hereinafter referred to as the "Recipient').
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS:
A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein; and,
B. The Division has received these grant funds from the State of Florida, and has the authority to
subgrant these funds to the Recipient upon the terms and conditions below; and,
C. The Division has statutory authority to disburse the funds under this Agreement.
THEREFORE, the Division AND Recipient agree to the following:
(1) SCOPE OF WORK
(a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment
A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this Agreement.
(2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES
(a) As required by Section 215.971(1), Florida Statutes, this Agreement includes:
A provision specifying a scope of work that clearly establishes the tasks that the
Recipient is required to perform.
ii. A provision dividing the agreement into quantifiable units of deliverables that
must be received and accepted in writing by the Division before payment. Each deliverable must be
directly related to the scope of work and specify the required minimum level of service to be performed
and the criteria for evaluating the successful completion of each deliverable.
iii. A provision specifying the financial consequences that apply if the Recipient fails
to perform the minimum level of service required by the agreement.
iv. A provision specifying that the Recipient may expend funds only for allowable
costs resulting from obligations incurred during the specified agreement period.
A provision specifying that any balance of unobligated funds which has been
advanced or paid must be refunded to the Division.
vi. A provision specifying that any funds paid in excess of the amount to which the
Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division.
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(b) In addition to the foregoing, the Recipient and the Division shall be governed by all
applicable State and Federal laws, rules, and regulations, including those identified in the Scope of Work
(Attachment A). Any express reference in this Agreement to a particular statute, rule, or regulation in no
way implies that no other statute, rule, or regulation applies.
(3) PERIOD OF AGREEMENT
This Agreement shall begin July 1, 2025, and shall end on June 30, 2026, unless terminated
earlier in accordance with the provisions of Paragraph (12) TERMINATION. In accordance with Section
215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for
allowable costs resulting from obligations incurred during" the period of Agreement.
(4) FUNDING CONSIDERATION
(a) This is a fixed -cost Agreement, subject to the availability of funds. Upon satisfactory
completion of each deliverable, the first, second, third, and fourth payment request may be submitted for
a fixed amount of $26,451.50 each quarter. Upon submission of a request for payment, Recipient must
also submit a Quarterly Report of expenditures to the Division's Grants Manager consistent with the
Scope of Work (Attachment A).
(b) The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any modification in
accordance with either Chapter 216, Florida Statutes, or the Florida Constitution.
(c) The Division will reimburse the Recipient only for the allowable costs incurred by the
Recipient for the completion of each deliverable. The maximum reimbursement amount for each
deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) The maximum
reimbursement amount for the entirety of this Agreement is $105,806.00.
(d) The Division will review quarterly requests for reimbursement by comparing the
documentation provided by the Recipient against a performance measure outlined in Scope of Work
(Attachment A), and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
(Attachment C) which clearly delineates:
The required minimum acceptable level of service to be performed; and,
The criteria for evaluating the successful completion of each deliverable.
(e) The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes,
shall reconcile and verify all funds received against all funds expended during the period of agreement
and produce a final reconciliation report. The final report must identify any funds paid in excess of the
expenditures incurred by the Recipient.
(f) For the purposes of this Agreement, the term "improper payment" means or includes:
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Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory, contractual, administrative, or
other legally applicable requirements; and,
Any payment to an ineligible party, any payment for an ineligible good or service,
any duplicate payment, any payment for a good or service not received (except for such payments where
authorized by law), any payment that does not account for credit for applicable discounts, and any
payment where insufficient or lack of documentation prevents a reviewer from discerning whether a
payment was proper.
(g) As required by the Reference Guide for State Expenditures, reimbursement for travel
must be in accord with Section 112.061, Florida Statutes. The Recipient must submit submission of the
claim on either their local travel voucher with supporting documentation and their local travel policy, or on
the approved state travel voucher.
(5) REPORTS
(a) The Recipient shall provide the Division with quarterly reports and a close-out report.
These reports shall include the current status and progress of all Recipients and subcontractors in
completing the work described in the Scope of Work (Attachment A) and the expenditure of funds under
this Agreement, in addition to any other information requested by the Division.
(b) Quarterly reports are due to the Division no later than forty-five (45) days after the end of
each quarter of the program year and shall be sent each quarter until submission of the administrative
close-out report. The ending dates for each quarter of the program year are September 30, December 31,
March 31, and June 30.
(c) The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty
(60) days after completion of the activities contained in this Agreement, whichever occurs first.
(d) If all required reports and copies are not sent to the Division or are not completed in a
manner acceptable to the Division, the Division may withhold further payments until they are completed or
may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that
the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment
A (2)) and Scope of Work (Attachment A).
(e) The Recipient shall provide additional program updates or information that may be
required by the Division.
(f) The Recipient shall provide additional reports and information identified in the Division of
Emergency Management Enterprise Solution (DEMES).
(6) MONITORING
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(a) The Division is responsible for and shall monitor Recipients performance under this
Agreement. Recipient shall monitor the performance of its contractors, consultants, agents, and who are
paid from funds provided under this Agreement or acting in furtherance of this Agreement.
(b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Audit
Requirements, monitoring procedures may include, but not limited to, desk reviews and on-site visits by
Division staff, limited scope audits, and other procedures.
(c) Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure
correct and accurate documentation is being generated and to assist with any questions or concerns
Recipients may have related to the grant. Recipients will be monitored programmatically and financially
by the Division to ensure that all grant activities and project goals, objectives, performance requirements,
timelines, milestone completion, budgets, and other related program criteria are being met.
(d) On-site monitoring visits will be performed according to Division schedules, as requested,
or as needed. At minimum, Recipients will receive monitoring from the Division once per year. If an on-
site visit cannot be arranged, the Recipient may be asked to perform desk review monitoring. Additional
monitoring visits may be conducted throughout the period of performance as part of corrective action
when Recipients are demonstrating non-compliance.
(7) SUBCONTRACTS
If the Recipient subcontracts any of the work required under this Agreement, a copy of the
unsigned subcontract must be forwarded to the Division for review and approval before it is executed by
the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law. The Recipient shall document in the quarterly report the
subcontractor's progress in performing its work under this Agreement. For each subcontract, the
Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority
business enterprise, as defined in Section 288.703, Florida Statutes.
(8) AUDITS
(a) In accounting for the receipt and expenditure of funds under this Agreement, the
Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R.
§200.49, GAAP "has the meaning specified in accounting standards issued by the Government
Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)."
(b) When conducting an audit of the Recipient's performance under this Agreement, the
Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2
C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government
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auditing standards issued by the Comptroller General of the United States, which are applicable to
financial audits."
(c) If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to
the Division of all funds not spent in accordance with these applicable regulations and Agreement
provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance.
(d) The Recipient shall have all audits completed by an independent auditor, which is defined
in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under
chapter 473." The independent auditor shall state that the audit complied with the applicable provisions
noted above. The audits must be received by the Division no later than nine months from the end of the
Recipient's fiscal year.
(e) The Recipient shall send copies of reporting packages required under this paragraph
directly to each of the following:
The Division of Emergency Management
DEMSingle Audit(a)-em.myflorida.com
DEMSingle_Audit@em.myflorida.com
OR
Office of the Inspector General
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
(9) LIABILITY
(a) Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida
Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this
Agreement and shall hold the Division harmless against all claims of whatever nature by third parties
arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees
that it is not an employee or agent of the Division but is an independent contractor.
(b) As required by Section 768.28(19), Florida Statutes, any Recipient which is a state
agency or subdivision, as defined in Section 768.28(2), Florida Statutes, agrees to be fully responsible for
its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees
to be liable for any damages proximately caused by the acts or omissions to the extent set forth in
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Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity
by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a
state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of
any contract.
(10) DEFAULT
If any of the following events occur ("Events of Default"), all obligations on the part of the Division
to make further payment of funds shall, if the Division elects, terminate and the Division has the option to
exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make
payments or partial payments after any Events of Default without waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
(a) If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient
fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous
agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its
obligations under this Agreement;
(b) If material adverse changes occur in the financial condition of the Recipient at any time
during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days
from the date written notice is sent by the Division;
(c) If any reports required by this Agreement have not been submitted to the Division or have
been submitted with incorrect, incomplete, or insufficient information; or,
(d) If the Recipient has failed to perform and complete on time any of its obligations under
this Agreement.
(11) REMEDIES
If an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide
written notice to the Recipient and upon the Recipient 's failure to cure within those thirty (30) days,
exercise any one or more of the following remedies, either concurrently or consecutively:
(a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days
prior written notice of the termination. The notice shall be effective when placed in the United States, first
class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in
Paragraph (3) herein;
(b) Begin an appropriate legal or equitable action to enforce performance of this Agreement;
(c) Withhold or suspend payment of all or any part of a request for payment;
(d) Require that the Recipient refund to the Division any monies used for ineligible purposes
under the laws, rules and regulations governing the use of these funds;
(e) Exercise any corrective or remedial actions, to include but not be limited to:
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Request additional information from the Recipient to determine
the reasons for or the extent of non-compliance or lack of performance;
Issue a written warning to advise that more serious measures
may be taken if the situation is not corrected;
iii. Advise the Recipient to suspend, discontinue or refrain from
incurring costs for any activities in question; or,
iv. Require the Recipient to reimburse the Division for costs
incurred for any items determined to be ineligible;
(f) Exercise any other rights or remedies which may be available under law. Pursuing any of
the above remedies will not stop the Division from pursuing any other remedies in this Agreement or
provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist
on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the
Division, or affect the later exercise of the same right or remedy by the Division for any other default by
the Recipient.
(12) TERMINATION
(a) The Division may terminate this Agreement for cause after thirty (30) days written notice.
Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations,
failure to perform on time, and refusal by the Recipient to permit public access to any document, paper,
letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended.
(b) The Division may terminate this Agreement for convenience or when it determines, in its
sole discretion, that continuing the Agreement would not produce beneficial results in line with the further
expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice.
(c) The parties may agree to terminate this Agreement for their mutual convenience through
a written amendment of this Agreement. The amendment will state the effective date of the termination
and the procedures for proper closeout of this Agreement.
(d) In the event this Agreement is terminated, the Recipient will not incur new obligations for
the terminated portion of this Agreement after the Recipient has received the notification of termination.
The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the
termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division
because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by
law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due
to the Division from the Recipient is determined.
(13) PROCUREMENT
(a) The Recipient shall ensure that any procurement involving funds authorized by the
Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§
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200.318 through 200.327, Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal
Entity Contracts Under Federal Awards"), and Section 287.057, Florida Statutes.
(b) As required by 2 C.F.R. § 200.318(i), the Recipient shall "maintain records sufficient to
detail the history of procurement. These records will include but are not necessarily limited to the
following: rationale for the method of procurement, selection of contract type, contractor selection or
rejection, and the basis for the contract price."
(c) As required by 2 C.F.R. § 200.318(b), the Recipient shall "maintain oversight to ensure
that contractors perform in accordance with the terms, conditions, and specifications of their contracts or
purchase orders." In order to demonstrate compliance with this requirement, the Recipient shall
document, in its quarterly report to the Division, the progress of any and all subcontractors performing
work under this Agreement.
(d) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient
chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward
to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days
prior to the publication or communication of the solicitation. The Division shall review the solicitation and
provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R.
§200.325, the Division will review the solicitation for compliance with the procurement standards outlined
in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2
C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the
Recipient does not need the approval of the Division in order to publish a competitive solicitation, this
review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or
service specifications. The Division's review and comments shall not constitute an approval of the
solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws,
regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the
Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7)
business day window outlined above. If the Recipient publishes a competitive solicitation after receiving
comments from the Division that the solicitation is deficient, then the Division may:
Terminate this Agreement in accordance with the provisions
outlined in paragraph (12) above; and,
Refuse to reimburse the Recipient for any costs associated with
that solicitation.
(e) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or
procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient
chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward
to the Division a copy of any contemplated contract prior to contract execution. The Division shall review
the unexecuted contract and provide comments, if any, to the Recipient within seven (7) business days.
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Consistent with 2 C.F.R. § 200.325, the Division will review the unexecuted contract for compliance with
the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2
C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for
that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a
subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the
subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's
review and comments shall not constitute an approval of the subcontract. Regardless of the Division's
review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during
its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies
to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the
Recipient executes a subcontract after receiving a communication from the Division that the subcontract
is non-compliant, then the Division may:
Terminate this Agreement in accordance with the provisions
outlined in Paragraph (12) above; and,
ii. Refuse to reimburse the Recipient for any costs associated with
that subcontract.
(f) The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by
the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and
regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of
whatever nature arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law.
(g) As required by 2 C.F.R. § 200.318(c)(1), the Recipient shall "maintain written standards
of conduct covering conflicts of interest and governing the actions of its employees engaged in the
selection, award and administration of contracts."
(h) As required by 2 C.F.R. § 200.319, the Recipient shall conduct any procurement under
this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not:
i.
Place unreasonable requirements on firms in order for them to
qualify to do business;
ii.
Require unnecessary experience or excessive bonding;
iii.
Use noncompetitive pricing practices between firms or between
affiliated companies;
iv.
Execute noncompetitive contracts to consultants that are on
retainer contracts;
V.
Authorize, condone, or ignore organizational conflicts of interest;
vi.
Specify only a brand name product without allowing vendors to
offer an equivalent;
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vii. Specify a brand name product instead of describing the
performance, specifications, or other relevant requirements that pertain to the commodity
or service solicited by the procurement;
viii. Engage in any arbitrary action during the procurement process;
or,
ix. Allow a vendor to bid on a contract if that bidder was involved
with developing or drafting the specifications, requirements, statement of work, invitation
to bid, or request for proposals.
(i) Except in those cases where applicable Federal statutes expressly mandate or
encourage otherwise, the Recipient, as required by 2 C.F.R. § 200.319(c), shall not use a geographic
preference when procuring commodities or services under this Agreement.
0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids)
in accordance with 2 C.F.R. § 200.320(b)(1) as well as Section 287.057(1)(a), Florida Statutes.
(k) The Recipient shall conduct any procurement involving requests for proposals (i.e.
competitive proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as Section 287.057(1)(b),
Florida Statutes.
(14) ATTACHMENTS AND EXHIBITS
(a) All attachments to this Agreement are incorporated as if set out fully.
(b) In the event of any inconsistencies or conflict between the language of this Agreement
and the attachments, the language of the attachments shall control, but only to the extent of the conflict or
inconsistency.
(c) This Agreement has the following attachments:
Exhibit 1 — Single Audits
Exhibit 2 — EM Director Certification
Attachment A — Scope of Work
Attachment A (1) — Allowable Costs and Eligible Activities — Budget Directions
Attachment A (2) — Proposed Program Budget Detail Worksheet
Attachment A (3) — Quarterly Reports
Attachment B — Justification of Advance Payment
Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
Attachment D — Warranties and Representations
Attachment E — Statement of Assurances
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(15) NOTICE OF CONTACT
(a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing
to Division's Grant Manager and delivered by standard or electronic mail using the correct information
provided in Subparagraph 15(b) below.
(b) The name and address of Division's Grant Manager for this Agreement is:
Division Contractual Point of Contact
Tamisha Jenkins
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 815-4328
Tamisha.jenkins@em.myflorida.com
(c) The name and address of Division's Programmatic Reviewer for this Agreement is:
Division Programmatic Point of Contact
Clesha Pennywell
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
(850) 815-4310
Clesha.Pennywell@em.myflorida.com
(d) The name and address of Representative of the Recipient responsible for the
administration of this Agreement is:
Name: David Johnson
Title: Director
Address:
4225 43rd Avenue
Vero Beach, FL 32967
Phone: 772-226-3947
Email: djohnson@indianriver.gov
(16) PAYMENTS
(a) Any advance payment under this Agreement is subject to Section 216.181(16), Florida
Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is
requested, the budget data on which the request is based, and a justification statement shall be included
in this Agreement as Justification of Advance Payment as Attachment B. Justification of Advance
Payment (Attachment B) will specify the amount of advance payment needed and provide an explanation
of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a
reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial
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advance, if any, payment shall be made on a reimbursement basis as needed. FDEM will only advance
50% of the total award amount.
(b) Invoices shall be submitted to include the supporting documentation for all costs of the
project or services. The final invoice shall be submitted within forty-five (45) days after the expiration date
of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall
be submitted to the Division Grant Manager as part of the Recipient's quarterly reporting as referenced in
Paragraph (5) REPORTS of this Agreement.
(c) If the necessary funds are not available to fund this Agreement as a result of action by
the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement,
all obligations on the part of the Division to make any further payment of funds shall terminate, and the
Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division.
(17) REPAYMENTS
(a) All refunds or repayments due to the Division under this Agreement are to be made
payable to the order of "Division of Emergency Management," and mailed directly to the following
address:
Division of Emergency Management
Cashier
2555 Shumard Oak Boulevard
Tallahassee FL 32399-2100
(b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is
returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the
face amount of the returned check or draft, whichever is greater.
(18) MANDATED CONDITIONS AND OTHER LAWS
(a) The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Recipient in this Agreement, in any later
submission or response to a Division request, or in any submission or response to fulfill the requirements
of this Agreement. All of said information, representations, and materials are incorporated by reference.
The inaccuracy of the submissions or any material changes shall, at the option of the Division and with
(thirty) 30 days written notice to the Recipient, cause the termination of this Agreement and the release of
the Division from all its obligations to the Recipient.
(b) This Agreement shall be construed under the laws of the State of Florida, and venue for
any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of
this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision
shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other
provision of this Agreement.
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(c) Any power of approval or disapproval granted to the Division under the terms of this
Agreement shall survive the term of this Agreement.
(d) The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the
basis of disability in employment, public accommodations, transportation, State and local government
services, and telecommunications.
(e) Those who have been placed on the convicted vendor list following a conviction for a
public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted
vendor list or on the discriminatory vendor list.
(f) Any Recipient which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it
and its principals:
Are presently not debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by a federal
department or agency;
Have not, within a five-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under public transaction; violation of federal or state antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
iii. Are not presently indicted or otherwise criminally or civilly
charged by a governmental entity (federal, state, or local) with commission of any
offenses enumerated in Paragraph (18)(f)(ii) of this certification; and,
iv. Have not within a five-year period preceding this Agreement had
one or more public transactions (federal, state, or local) terminated for cause or default.
(g) If the Recipient is unable to certify to any of the statements in this certification, then the
Recipient shall attach an explanation to this Agreement.
(h) In addition, the Recipient shall send to the Division (via Division of Emergency
Management Enterprise Solutions (DEMES)) the completed "Certification Regarding Debarment,
Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which
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Recipient plans to fund under this Agreement. The form must be received by the Division before the
Recipient enters into a contract with any subcontractor.
(i) The Division reserves the right to unilaterally cancel this Agreement if the Recipient
refuses to allow public access to all documents, papers, letters or other material subject to the provisions
of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement.
(j) If the Recipient is allowed to temporarily invest any advances of funds under this
Agreement, any interest income shall either be returned to the Division or be applied against the
Division's obligation to pay the contract amount.
(k) The State of Florida will not intentionally award publicly funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment
provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act
("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in
Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division.
(1) Section 287.05805, Florida Statutes, requires that any state funds provided for the
purchase of or improvements to real property are contingent upon the contractor or political division
granting to the state a security interest in the property at least to the amount of state funds provided for at
least 5 years from the date of purchase or the completion of the improvements or as further required by
law.
(m) The Division may, at its option, terminate the Contract if the Contractor is found to have
submitted a false certification as provided under section 287.135(5), Florida Statutes, or 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, or to have
been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel.
(19) STATE REQUIREMENTS PERTAINING TO LOBBYING
(a) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids
appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant
or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial
branch, or a state agency."
(b) No funds or other resources received from the Division under this Agreement may be
used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
(20) COPYRIGHT, PATENT AND TRADEMARK
EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS
ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE
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OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF
FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE
HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF
FLORIDA.
(a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights
and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise.
(b) If any discovery or invention is developed in the course of or as a result of work or
services performed under this Agreement, or in any way connected with it, the Recipient shall refer the
discovery or invention to the Division for a determination whether the State of Florida will seek patent
protection in its name. Any patent rights accruing under or in connection with the performance of this
Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable
material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in
connection with the performance under this Agreement are transferred by the Recipient to the State of
Florida.
(c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all
intellectual properties relating to the performance of this Agreement that he or she knows or should know
could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-
existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists.
The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue
during performance of this Agreement.
(d) If the Recipient qualifies as a state university under Florida law, then, pursuant to Section
1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall
become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly
by one or more employees of both parties hereto, each party shall have an equal, undivided interest in
and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive
license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked
work products, developed solely by the Recipient, under this Agreement, for Florida government
purposes.
(21) LEGAL AUTHORIZATION.
The Recipient certifies that it has the legal authority to receive the funds under this Agreement
and that its governing body has authorized the execution and acceptance of this Agreement. The
Recipient also certifies that the undersigned person has the authority to legally execute and bind
Recipient to the terms of this Agreement.
(22) STATEMENT AND ASSURANCES
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The Recipient shall comply with any Statement of Assurances incorporated as Attachment E.
(23) RECORDS
(a) As a condition of receiving state financial assistance, and as required by Sections
20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of
Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents, financial statements, papers, or other records of the Recipient which are
pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of
access also includes timely and reasonable access to the Recipient's personnel for the purpose of
interview and discussion related to such documents. For the purposes of this section, the term "Recipient"
includes employees or agents, including all subcontractors or consultants to be paid from funds provided
under this Agreement.
(b) The Recipient shall maintain all records related to this Agreement for the period of time
specified in the appropriate retention schedule published by the Florida Department of State. Information
regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records-
management/general-records-sched ules/.
(c) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides
the citizens of Florida with a right of access to governmental proceedings and mandates three, basic
requirements: (1) all meetings of public boards or commissions must be open to the public; (2)
reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and
promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to
bring that entity within the ambit of the open government requirements. However, the Government in the
Sunshine Law applies to private entities that provide services to governmental agencies and that act on
behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates
the performance of its public purpose to a private entity, then, to the extent that private entity is
performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer
fire department provides firefighting services to a governmental entity and uses facilities and equipment
purchased with public funds, then the Government in the Sunshine Law applies to board of directors for
that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to
the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's
governing board or the meetings of any subcommittee making recommendations to the governing board
may be subject to open government requirements. These meetings shall be publicly noticed, open to the
public, and the minutes of all the meetings shall be public records, available to the public in accordance
with Chapter 119, Florida Statutes.
(d) Florida's Public Records Law provides a right of access to the records of the state and
local governments as well as to private entities acting on their behalf. Unless specifically exempted from
disclosure by the Legislature, all materials made or received by a governmental agency (or a private
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entity acting on behalf of such an agency) in conjunction with official business which are used to
perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection.
The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity
within the ambit of the public record requirements. However, when a public entity delegates a public
function to a private entity, the records generated by the private entity's performance of that duty become
public records. Thus, the nature and scope of the services provided by a private entity determine whether
that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's
Public Records Law.
(e) The Recipient shall maintain all records for the Recipient and for all subcontractors or
consultants to be paid from funds provided under this Agreement, including documentation of all program
costs, in a form sufficient to determine compliance with the requirements and objectives of the
(Attachment A 2) — Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other
applicable laws and regulations.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555
Shumard Oak Boulevard, Tallahassee, FL 32399.
(24) TERMS AND CONDITION
This Agreement contains all the terms and conditions agreed upon by the parties.
(25) EXECUTION
This Agreement may be executed in any number of counterparts, any one of which may be taken
as an original.
(26) MODIFICATION
Either Party may request modification of the provisions of this agreement. Modifications of
provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties.
(27) CONSTRUCTION AND RENOVATION
Construction and renovation projects for a local government's principal Emergency
Operations Center (EOC) are allowable under the EMPA Program. The Division must provide
written approval prior to the use of any EMPA Program funds for construction or renovation.
Requests for EMPA Program funds for construction of an EOC must be accompanied by a
justification to their EMPA Grant Manager for review and processing. The above examples
are not intended to exclude other construction projects as potentially allowable costs. For
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example, construction of a facility for the storage of critical emergency supplies, as a Point of
Distribution (POD) for emergency distribution, and/or to serve as a staging area for
deployment of emergency response resources is potentially an allowable expense. Other
construction or renovation projects, such as a secondary or local EOC, will be considered on
a case-by-case basis, with advance written approval.
(28) REAL PROPERTY AND STATE SECURITY INTEREST
In accordance with section 287.05805, Florida Statutes, if any state funds are utilized
for the acquisition of real property or for improvements to real property, the Contractor or
Political Subdivision receiving such funds must grant the State of Florida a security interest in
the subject property. This security interest shall be, at a minimum, equivalent to the total
amount of state funds provided. The security interest must remain in effect for a period of at
least five (5) years from the date of property purchase or the date of completion of the
improvements, or for a longer duration if so, mandated by applicable law.
(29) CONTRACTING WITH SMALL AND MINORITY BUSINESSES
(a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure
goods or services, then, in accordance with 2 C.F.R. § 200.321 and Section 288.703, Florida Statutes,
the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's
business enterprises, and labor surplus area firms are used whenever possible:
Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
ii. Assuring that small and minority businesses, and women's business enterprises
are solicited whenever they are potential sources;
iii. Dividing total requirements, when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority businesses, and women's
business enterprises;
iv. Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
Using the services and assistance, as appropriate, of such organizations as the
Small Business Administration and the Minority Business Development Agency of the
Department of Commerce; and,
vi. Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs i. through v. of this subparagraph.
(b) The requirement outlined in subparagraph (a) above, sometimes referred to as
"socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of
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a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and
document the six affirmative steps identified above.
(c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -
Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional
steps to involve small and minority businesses and women's business enterprises.
(d) The requirement to divide total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and women's
business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller
components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize
streamlined acquisition procedures (e.g. "project splitting").
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STATE OF FLORIDA
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
STATE - FUNDED SUBAWARD AND GRANT AGREEMENT
SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set
forth below.
RECIPIENT:
By:
Joseoh H. Flescher. Chairman
(Name and Title)
Date:
Federal Identification Number
UEID/SAM Number
If signing electronically: By providing this electronic signature, I am attesting that I understand that
electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also
confirming that internal controls have been maintained, and that policies and procedures were properly
followed to ensure the authenticity of the electronic signature.
This statement is to certify that / confirm that this electronic signature is to be the legally binding
equivalent of my handwritten signature and that the data on this form is accurate to the best of my
knowledge.
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
By:
Kevin Guthrie, Division Director
Date:
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FY 2025 EMPA AGREEMENT
EXHIBIT 1 — SINGLE AUDITS
AUDIT COMPLIANCE CERTIFICATION
Email a copy of this form at the time of agreement submission to the Division at:
DEMSingle Audit(aD_em.myflorida.com.
Recipient: Indian River County
FEIN: 59-6000674
Sub- Recipient's Fiscal Year: 2025-2026
Contact Name: David Johnson
Contact's Phone: 772-226-3947
Contact's Email: djohnson@indianriver.gov
1. Did Recipient expend the State Financial Assistance, during its fiscal year, that it received under
any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding,
economic incentive award agreement, etc.) between Recipient and the Florida Division of
Emergency Management (Division)? ❑Yes ❑No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other
sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No
If yes, Recipient certifies that it will timely comply with all applicable State single or project
specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules
of the Department of Financial Services and the Auditor General.
2. Did Recipient expend Federal awards during its fiscal year that it received under any agreement
(e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Recipient and Division? ❑Yes ❑No
If the above answer is yes, answer the following before proceeding to item 2.
Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of
federal awards combined) during its fiscal year? ❑Yes ❑No
If yes, Recipient certifies that it will timely comply with all applicable single or program —
specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement
by DHS at 2 C.F.R. part 200.
By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2
are correct.
Signature of Authorized Representative Date
Printed Name of Authorized Representative Title of Authorized Representative
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FY 2025 EMPA
AGREEMENT
EXHIBIT 2—EM DIRECTOR
CERTIFICATION
In accordance with the 2025 Emergency Management Preparedness and Assistance
Grant agreement, which shall begin July 1, 2025, and shall end on June 30, 2026, and to
remain consistent with section 252.38(1)(c), Florida Statutes and Rules 27P-19.005(4)
and (5), Florida Administrative Code, in order to receive EMPA funding, each County
Emergency Management Agency shall annually certify on their Exhibit 3 their
commitment to employ and maintain a Director.
I, John A. Titkanich, Jr. (Name) certify compliance with the
requirements for the 2025 Emergency Management Preparedness and Assistance
grant program.
Indian River County (Recipient) has employed an
EM Conrdinatnr (EM Director) pursuant to Section 252.38(3)(b),
Florida Statutes.
I, John A Titkanich, Jr also certify that I am the official representative for
Indian River County (Recipient) and have authority to bind
Indian River County (Recipient) to this certification of compliance.
Signed by:
Printed Name: John A. Titkanich, Jr.
Title: Chairm
Date:
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Attachment A
Scope of Work
FY 2025 EMPA Agreement
GENERAL POLICY
The purpose of the Emergency Management Preparedness and Assistance Grant
(EMPA) is to provide state funds to assist local governments in preparing for all hazards
as authorized by Section 252.373, Florida Statutes. Funds shall be allocated to
implement and administer county emergency management programs, to support the
following activities:
• Planning
• Organization
• Equipment
• Training
• Exercise, and
• Management and Administration
Pursuant to Rule 27P-19.010(11), Florida Administrative Code, the Division shall
determine allowable costs in accordance with 48 C.F.R. Part 31, entitled "Contract Cost
Principles and Procedures." 2 C.F.R. Part 200, entitled "Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards."
TASKS AND QUARTERLY DELIVERABLES
Recipient shall support efforts to build and sustain core capabilities across the Prevention,
Protection, Mitigation, Response, and Recovery mission areas described in the National
Preparedness Goal.
Counties must be able to prepare for, respond to, recover from, and mitigate against
natural and man-made disasters/emergencies.
The Recipient must successfully complete the following Tasks and Deliverables
throughout the period of performance. Quarterly deliverables must be uploaded through
the Division of Emergency Management Enterprise Solution (DEMES) portal.
Q1 TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF
EMERGENCY MANAGEMENT DIRECTOR AND STAFF CERTIFICATION
Pursuant to Section 252.38(1)(c), Florida Statutes, the County Emergency Management
Agency shall perform emergency management functions throughout the jurisdictional
limits of the county in which it is organized.
Pursuant to Rule 27P-19.004, Florida Administrative Code, each County Emergency
Management Agency must annually certify their commitment to employ and maintain
a director consistent with Rule 27P-19.005(4) and (5), Florida Administrative Code.
To demonstrate successful completion, the Recipient must submit the following into DEMES:
DELIVERABLES:
• Exhibit 2 — Certification letter for the Emergency Management Director in
accordance with Rule 27P-19.004, Florida Administrative Code, in accordance
with Table below.
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• Reporting Form 4 — Staffing Detail and Position Descriptions for
funded emergency management staff.
Q1 TASK 2: STATE MUTUAL AID AGREEMENT (SMAA)
Pursuant to sSection 252.38(1)(c), Florida Statutes, the County Emergency Management
Agency shall perform emergency management functions within the territorial limits of the
county within which it is organized and, in addition, shall conduct such activities outside
its territorial limits as are required pursuant to sections 252.31-252.90, Florida Statutes,
and in accordance with state and county emergency management plans and mutual aid
agreements. Counties shall serve as liaison for and coordinator of municipalities'
requests for state and federal assistance during post disaster emergency operations.
To demonstrate successful completion, the Recipient must submit the following into DEMES:
DELIVERABLES:
• Self -Submittal — Submit the executed Statewide Mutual Aid Agreement in
accordance with section 252.38, Florida Statutes, Emergency management
powers of political subdivisions.
REPORTING REQUIREMENTS
Quarter 1
Quarter 2
Quarter 3
Quarter 4
Deliverables Due
Updates Only
Updates Only
Updates Only
Q2 TASK 1: TRAINING AND EXERCISE
INTEGRATED PREPAREDNESS PLAN (IPP)
The County Emergency Management Agency shall be required to engage senior leaders
and other whole community stakeholders to identify preparedness priorities specific to
training and exercise needs, which will guide development of the county's multi-year IPP.
The IPP should identify a combination of planning, training and exercise activities that
address preparedness priorities and capability gaps based on planning efforts, hazard
and risk assessments, and exercise/incident after -action reviews (AARs).
The State of Florida uses the Integrated Preparedness Plan Workshop (IPPW) process
to synchronize local IPP's into a statewide IPP. Sub -Recipients shall have a
representative participate in their Regional IPPW, and EMPG funded personnel are
encouraged to attend.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Submit the County 2028-2029 IPP Data Sheets by January 12, 2026, in DEMES
• Proof of participation by a representative of the Subrecipient in the appropriate
Regional IPP Workshop (IPPW)
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Q2 TASK 2: TRAINING AND EXERCISE
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION
All EMPA Program -funded personnel are expected to be trained emergency managers.
All EMPA funded personnel must complete either the NIMS Independent Study courses
and the Professional Development Series, or the FEMA National Emergency
Management Basic Academy delivered either by EMI or at a sponsored state, local or
other designated location. (AARs).
• NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -
700 (any version), and IS -800 (any version) 4, and
• Professional Development Series (PDS) or the Emergency Management
Professionals Program (EMPP) Basic Academy courses listed in the chart below.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Staffing Detail for all EMPA funded personnel.
• Training verifications for EMPA funded personnel listed on Staffing Detail —will be
provided by the FDEM Training and Exercise (T&E) Unit to the FDEM Grant
Management Staff.
Q2 TASK 3: SHELTERING PLAN AND POINT OF DISTRIBUTION (POD) PLAN
A. SHELTERING LOCATIONS AND SHELTERING PLAN
The County Emergency Management Agency shall provide their shelter locations and
create a Sheltering Plan focusing on emergency sheltering and local disaster housing
strategy serving as a guide to support temporary housing both in the response and
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' •
oil
IS -120.a: An Introduction to Exercises
IS -100 (any version): Introduction to the
Incident Command System
IS -230.d:
Fundamentals of Emergency
IS -700 (any version): National Incident
Management
Management System (NIMS)-An Introduction
IS -235.b:
Emergency Planning
IS -800 (any version): National Response
Framework, An Introduction
IS -240.b:
Leadership and Influence
IS -230.d: Fundamentals of Emergency
Management
IS -241.b:
Decision Making and
E/1,101: Foundations of Emergency
Problem Solving
Management
IS -242.b:
Effective Communication
E/L102: Science of Disasters
IS -244.b:
Volunteers
Developing and Managing
E/L103: Planning Emergency Operations
IS -244.b:
Volunteers
Developing and Managing
E/L104: Exercise Design
IS -244.b:
Volunteers
Developing and Managing
E/1105: Public Information & Warning
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Staffing Detail for all EMPA funded personnel.
• Training verifications for EMPA funded personnel listed on Staffing Detail —will be
provided by the FDEM Training and Exercise (T&E) Unit to the FDEM Grant
Management Staff.
Q2 TASK 3: SHELTERING PLAN AND POINT OF DISTRIBUTION (POD) PLAN
A. SHELTERING LOCATIONS AND SHELTERING PLAN
The County Emergency Management Agency shall provide their shelter locations and
create a Sheltering Plan focusing on emergency sheltering and local disaster housing
strategy serving as a guide to support temporary housing both in the response and
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recovery phases of a disaster.
B. EMERGENCY SITES & POD PLAN
The County Emergency Management Agency shall provide their emergency sites (i.e.,
County Staging Areas, Points of Distribution (POD), Debris Management Sites, etc.)
locations and create a POD Plan focusing on the distribution of resources (i.e., food,
water, etc.) during the aftermath of disaster.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Submit the County Shelter Locations by January 12th, 2026 in WebEOC;
• Submit the County Shelter Plan by January 12th, 2026 in DEMES;
• Submit the County Emergency Sites Locations by January 12th, 2026 in WebEOC; and
• Submit the County Point of Distribution Plan by January 12th, 2026 in DEMES.
REPORTING REQUIREMENTS:
Quarter 1
Quarter 2
Quarter 3
Quarter 4
NIA
Deliverables Due
Updates Only
Updates Only
TASK 1: STATEWIDE EXERCISE AND CONFERENCE ATTENDENCE
A. FLORIDA TRAINING FOR EMERGENCY MANAGEMENT AND STATEWIDE EXERCISE
The County Emergency Management Agency must provide documentation demonstrating
attendance of its emergency management funded staff at Florida's Training for Emergency
Management (FTEM) Conference and a full day participation in the yearly Statewide Exercise.
For FTEM, standard counties are required to show attendance of at least two (2) such staff
members, while fiscally constrained counties must demonstrate attendance of at least one
(1) staff member.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Self -Report — Statewide Exercise and Conference attendance proof submitted in
accordance with Table below.
• A copy of the post -event report with attendee names, session summaries, and lessons
learned.
REPORTING REQUIREMENTS:
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Q4 TASK 1: POLICY OR PROTOCOL SUBMITTAL
A. Procurement Policy
The County Emergency Management Agency shall provide documentation demonstrating
its local policy or protocol for purchasing, which must be based on national best practices
discussed at the FTEM.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Self -Report — Submit procurement policy for purchasing based on national best practices
discussed at the conference in accordance with Table below.
• Submit procurement policy with supporting documentation.
Q4 TASK 2: VALIDATING CAPABILITIES THROUGH EXERCISE
B. Exercises
Exercises play a vital role in preparedness by testing capabilities, familiarizing
emergency management personnel with role and responsibilities, fostering meaningful
interaction and communicating across organizations. Exercises bring together and
strengthen the whole community in its efforts to prevent, protect against, mitigate,
respond to, and recover from all hazards.
To demonstrate successful completion of task 2 for Quarter 4, all EMPA funded
personnel are required to participate in a minimum of three (3) exercises during the
agreement period.
To demonstrate successful completion, the Recipient must submit the following in DEMES:
DELIVERABLES:
• Self -Report — Sub -Recipient must provide sign -in sheets for exercise in which EMPA
funded personnel participated in accordance with Table below.
• If a local jurisdiction has experienced a major disaster and they would like to
request exemptions for a scheduled exercise, the recipient should send this
request to its assigned Grants Manager utilizing the quarterly report.
Exemptions will be reviewed/approved by the State on a case-by-case basis.
Q4 TASK 3: LOCAL BUDGET MATCH
DIVISION FORM 3
In accordance with Rule 27P-19.011, Florida Administrative Code, base grants shall be
matched at an amount either equal to the average of the previous three years' level of
county general revenue funding of the County Emergency Management Agency or the
level of funding for the County Emergency Management Agency for the last fiscal year,
whichever is lower. Required with this form, the county needs to provide a copy of the
current EM local budget (general revenue) and general ledger expenditure report as of
6/30/2026.
To demonstrate successful completion, the Recipient must submit the following into DEMES
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DELIVERABLES:
Division Form 3 — A copy of the current and accurate County Emergency
Management Local Budget (General Revenue) including the budget approval
date. All requests for a budget match reduction shall be requested no later than
45 days after the county budget has been approved; in accordance with Table
below.
To be eligible for any reduction, the Base Grant recipient shall demonstrate and
certify that the reduction is due to reductions in county general revenue funding
and that the amount of the requested reduction is equivalent to across the
board reductions in all county budgets. County requests for reduction shall be
signed by the county's chief elected officer and the certification of reduction in
county budget funding shall be signed by the county's chief financial officer.
Requests shall certify the intent to return to pre -reduced funding as soon as
practicable, and shall provide an estimate of the date at which the county will
return to the current level of funding. Requests for reduction shall also be
accompanied by financial data for the previous three years indicating: the level
of county funding for the County Emergency Management Agency budget;
budget detail regarding all individual items of the County Emergency
Management Agency budget; and the proposed level of funding, for all budget
items, if the reduction is authorized by the Division. All requests for match
reduction shall be submitted no later than forty-five (45) days after the county
budget has been approved or by the first quarter by the governing body of the
jurisdiction, or the opportunity to request shall be waived.
• Self Report 4 — A copy of the local EM general revenue
expenditure (general ledger) report.in accordance with Table below.
REPORTING REQUIREMENTS:
Quarter 1
Quarter 2
Quarter 3
Quarter 4
N/A
NIA
N/A
Deliverables Due
Payments: The Recipient must perform the minimum requirements for each task and deliverable
as indicated in Attachment A — Scope of Work to receive payment.
Financial Consequences: Section 215.971, Florida Statutes, requires the Agency, as the
recipient of State funding, to apply financial consequences, including withholding a portion of
funding up to the full amount if the Recipient fails to be in compliance with Federal, State, and
Local requirements, or satisfactorily perform required activities/tasks. Failure to successfully
complete each of the required tasks, as demonstrated by the failure to satisfy the applicable
deliverables, shall result in a 10% reduction of the overall amount authorized by this Agreement.
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FY 2025 EMPA AGREEMENT
ATTACHMENT A (1)
ALLOWABE COSTS AND ELIGIBLE ACTIVITIES
I. CATEGORIES AND ELIGIBLE ACTIVITIES
The 2025 EMPA Funding Guidance allowable costs are divided into the following categories:
Planning, Organization, Equipment, Training, Exercise, and Management and
Administration.
A. PLANNING
Planning spans all five National Preparedness Goal (the Goal) mission areas and
provides a baseline for determining potential threats and hazards, required capabilities,
required resources, and establishes a framework for roles and responsibilities. Planning
provides a methodical way to engage the whole community in the development of a
strategic, operational, and/or community-based approach to preparedness.
Plans should have prior review and approval from the respective DEM state
program. Funds may not be reimbursed for any plans that are not approved.
EMPA Program funds may be used to develop or enhance emergency management
planning activities. Some examples include, but not limited to:
• Emergency Operation Plans/ Local Comprehensive Emergency Management Planning
• Communications Plans
• Administrative Plans
• Whole Community Engagement/Planning
• Resource Management Planning
• Sheltering and Evacuation Planning
• Recovery Planning
• Continuity Plans
For planning expenditures to qualify for reimbursement under this Agreement, the
Recipient must submit a final plan to the Division for approval. As part of any request for
reimbursement for planning expenditures, the Recipient must submit the following:
• Copies of contracts or agreements prior to contracting with consultants or
sub -contractors providing services;
• Invoice from any consultant/contractor involved in the planning;
• Copies of all planning materials and work product (e.g. meeting documents, copies of
plans);
• If a meeting was held by Recipient, an agenda and sign -in sheet with meeting date
• Proof of payment (e.g., credit card statement, bank statement);
• Complete debarment form and/or Sam.gov for any contractors/consultants;
• Proof of Procurement method (e.g. quotes, and or solicitations).
B. OPERATIONAL
EMPA Program funds may be used for all day-to-day preparedness activities in support
of the four phases of emergency management (preparedness, response, recovery, and
mitigation).
Rules 27P-19.004 and 27P-19.0061, Florida Administrative Code, outline the minimum
performance level (definition below). Each Emergency Management staff person must
be available to work the number of hours and assume the responsibilities for the duties in
their official position description as well as provide the coordination and support for all
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incidents within the jurisdiction on a 24-hour basis.
Eligible "Operational Cost" items include, but are not limited to:
• Salaries and Fringe Benefits
• Utilities (electric, water and sewage)
• Service/Maintenance agreements (provide vendor debarment and
service agreement for contractual services)
• Office Supplies/Materials
• IT Software Upgrades
• Memberships
• Publications
• Postage
• Storage
• Other Personnel/Contractual Services
■ Reimbursement for services by a person(s) who is not a regular or full-time
employee filling established positions. This includes but is not limited to
temporary employees, student or graduate assistants, fellowships, part
time academic employment, board members, consultants, and other
services.
■ Consultant Services require a pre -approved Contract or purchase order
by the Division. Copies of additional quotes should also be supplied when
requesting pre -approval. These requests should be sent to the grant
manager for the Division for review.
Funding for Critical Emergency Supplies
Critical emergency supplies—such as shelf stable products, water, and basic medical
supplies—are an allowable expense under EMPA. DHS/FEMA must approve a
state's five-year viable inventory management plan prior to allocating grant funds for
stockpiling purposes. The five-year plan should include a distribution strategy and
related sustainment costs if the grant expenditure is over $100,000.
Operational Costs Supporting Documentation
If the recipient seeks reimbursement for operational activities, then the following shall be submitted:
• For salaries, provide copies of payroll expenditure reports.
• Expense items need to have copies of invoices, or receipts and proof of
payment (credit card statements, bank statements). All documentation for
reimbursement amounts must be clearly visible and defined (i.e., highlighted,
underlined, circled on the required supporting documentation).
• Funding may not be used to purchase clothing that would be used for everyday
wear by emergency management employees or other personnel.
• Clothing, uniforms, undergarments, jackets, vests, etc. are also allowable for
CERT members as listed on the Authorized Equipment List (AEL): 21GN-00-
CCEQ I FEMA.gov.
• For a complete list of other eligible clothing and protective gear allowable for
purchase with EMPG funding, applicants, recipients and FEMA staff are
encouraged to refer to the AEL website for the most up to -date information:
Authorized Equipment List I FEMA.gov.
Please Note:
• Allowable costs shall be determined in accordance with applicable Federal Office of
Management and Budget Circulars, or, in the event no circular applies, by 2 C.F.R. part
200 CONTRACT COST PRINCIPLES AND PROCEDURES.
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C. EQUIPMENT
Pursuant to 27P-19.010 Disbursement. Allowable equipment costs shall be determined
in accordance with applicable Federal Office of Management and Budget Circulars, or, in
the event no circular applies, by 2 C.F.R. part 200 CONTRACT COST PRINCIPLES
AND PROCEDURES. If an item qualifies as reasonable and necessary, and the item is
EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission
from the Division prior to purchasing the item in order to seek reimbursement.
If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded
on the FEMA AEL, then the Recipient must receive permission from the Division prior to
purchasing the item. If the Recipient purchases such an item without receiving
permission from the Division beforehand, then the Division will not provide any
reimbursement for that purchase.
Allowable equipment includes equipment from the following AEL categories:
• Personal Protective Equipment (PPE) (Category 1)
• Information Technology (Category 4)
• Cybersecurity Enhancement Equipment (Category 5)
• Interoperable Communications Equipment (Category 6)
• Detection Equipment (Category 7)
• Power Equipment (Category 10)
• Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE)
Reference Materials (Category 11)
• CBRNE Incident Response Vehicles (Category 12)
• Physical Security Enhancement Equipment (Category 14)
• CBRNE Logistical Support Equipment (Category 19)
• Other Authorized Equipment (Category 21)
The Authorized Equipment List (AEL) is a list of approved equipment types allowed under
FEMA's preparedness grant programs and can be located at
https://www.fema.gov/authorized=equipment-list.
If Recipients have questions concerning the eligibility of equipment, they shall
contact their Grant Manager for clarification.
Recipients should analyze the cost benefits of purchasing versus leasing equipment,
especially high-cost items and those subject to rapid technical advances. Large
equipment purchases must be identified and explained. For more information regarding
property management standards for equipment, please reference 2 C.F.R. Part 200,
including 2 C.F.R. §§ 200.310, 200.313, and 200.316.
Equipment Acquisition Costs Supporting Documentation
• Provide copies of invoices, or receipts, proof of payment, i.e., credit card
statements, bank statements or front and back of canceled checks).
• Provide the Authorized Equipment List (AEL) # for each equipment purchase.
D. TRAINING
EMPA Training funds may be used for a range of emergency management -related
training activities to enhance the capabilities of state and local emergency management
personnel through the establishment, support, conduct, and attendance of training.
Training should foster the development of a community -oriented approach to emergency
management that emphasizes engagement at the community level, strengthens best
practices, and provides a path toward building sustainable resilience.
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The Recipient can successfully complete an authorized course either by attending or by
conducting that course.
• In order to receive payment for successfully attending a training course, the
Recipient must provide a certificate of completion; all receipts that document the
costs incurred by the Recipient in order to attend the course.
• In order to receive payment for successfully conducting a course, the Recipient
must provide the course sign -in sheet with all receipts that document the costs
incurred by the Recipient in order to conduct the course.
• In order to receive payment for successfully conducting a workshop, the
recipient must provide workshop sign -in sheets, materials used for workshop,
and all receipts that document the costs incurred by the Recipient in order to
conduct the workshop.
For training, the number of participants must be a minimum of fifteen (15) in order to
justify the cost of holding a course. For questions regarding adequate number of
participants, please contact the Division State Training Officer for course specific
guidance. Unless the recipient receives advance approval from the State Training Officer
for the number of participants, then the Division must reduce the amount authorized for
reimbursement on a pro -rata basis for any training with less than fifteen (15) participants.
Allowable training -related costs include the following:
Develop, Deliver, and Evaluate Training. This includes costs related to administering the
training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and
equipment. Training should provide the opportunity to demonstrate and validate skills learned, as
well as to identify any gaps in these skills. Any training or training gaps, including those for
children and individuals with disabilities or access and functional needs, should be identified in the
Integrated Preparedness Program (IPP) and addressed in the training cycle. States are
encouraged to use existing training rather than developing new courses. When developing new
courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate
(ADDIE) model for instruction design.
• Overtime and Backfill. The entire amount of overtime costs, including payments
related to backfilling personnel, which are the direct result of attendance at FEMA
and/or approved training courses and programs are allowable. These costs are
allowed only to the extent the payment for such services is in accordance with the
policies of the state or unit(s) of local government and has the approval of the
state or FEMA, whichever is applicable. In no case is dual compensation
allowable. That is, an employee of a unit of government may not receive
compensation from their unit or agency of government AND from an award for a
single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may
benefit both activities.
• Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable
as expenses by employees who are on travel status for official business
related to approved training.
• Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-
time staff or contractors/consultants may be hired to support direct training -
related activities. Payment of salaries and fringe benefits must be in accordance
with the policies of the state or unit(s) of local government and have the
approval of the state or FEMA, whichever is applicable.
• Certification/Recertification of Instructors. Costs associated with the
certification and re -certification of instructors are allowed. States are
encouraged to follow the FEMA Instructor Quality Assurance Program to
ensure a minimum level of competency and corresponding levels of evaluation
of student learning. This is particularly important for those courses which
involve training of trainers.
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Conferences
The Division recognizes the important role that conferences can play in the professional
development of emergency managers.
Rule 691-42.002(3), Florida Administrative Code, defines the term conference as:
The coming together of persons with a common interest or interests for the
purpose of deliberation, interchange of views, or for the removal of differences or
disputes and for discussion of their common problems and interests. The term
also includes similar meetings such as seminars and workshops which are large
formal group meetings that are programmed and supervised to accomplish
intensive research, study, discussion, and work in some specific field or on a
governmental problem or problems. A conference does not mean the coming
together of agency or interagency personnel.
For travel to a conference or convention to qualify for reimbursement, the cost must be
reasonable and attendance at the conference must be necessary for the successful
completion of a task required by this Agreement.
Provided the cost qualifies as reasonable and necessary for the successful completion of
a task required by this Agreement, travel to a conference that complies with the
requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level
of service for conference travel under this Agreement.
In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds
shall be expended for attendance at conferences or conventions unless:
• The main purpose of the conference or convention is in connection with the
official business of the state and directly related to the performance of the
statutory duties and responsibilities of the agency participating;
• The activity provides a direct educational or other benefit supporting the
work and public purpose of the person attending;
• The duties and responsibilities of the traveler attending such meetings are
compatible with the objectives of the conference or convention; and
• The request for payment of travel expenses is otherwise in compliance with these
rules.
Provided the cost qualifies as reasonable and necessary for the successful completion of
a task required by this Agreement, and provided any related travel complies with the
requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify
for reimbursement under this Agreement:
Requests for reimbursement for payment of the registration fee or for a conference or
convention must include:
• A statement explaining how the expense directly relates to the
Recipient's successful performance of a task outlined in this
Agreement;
• A copy of those pages of the agenda that itemizes the registration fee;
• A copy of local travel policy; and
• A copy of the travel voucher or a statement that no travel costs were incurred, if
applicable.
When a meal is included in a registration fee, the meal allowance must be deducted from
the reimbursement claim, even if the traveler decides for personal reasons not to eat the
meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in
state, shall be reimbursed for any meal or lodging included in a convention or conference
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registration fee paid by the state"). A continental breakfast is considered a meal and must
be deducted if included in a registration fee for a convention or conference. However, in
the case where a meal is provided by a hotel or airline, the traveler shall be allowed to
claim the meal allowance provided by law.
Class A, Class B, and Class C Travel:
• Class A travel is continuous travel of 24 hours or more away from official
headquarters. The travel day for Class A is based on a calendar day
(midnight to midnight).
• Class B travel is continuous travel of less than 24 hours which involves
overnight absence away from official headquarters. The travel day for Class
B travel begins at the same time as the travel period.
• Class C travel is short or day trips in which the traveler is not away from
his/her official headquarters overnight. Class C allowances are currently not
authorized for reimbursement.
Meal Allowance and Per Diem:
Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal
during a travel period as follows:
$6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.);
$11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.);
$19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel
occurs during nighttime hours due to special assignment.).
Section 112.061(a), Florida Statutes, establishes the per diem amounts.
All travelers are allowed: The authorized per diem for each day of travel; or,
If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in
s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate.
Per diem shall be calculated using four six -hour periods (quarters) beginning at
midnight for Class A or when travel begins for Class B travel. Travelers may only
switch from actual to per diem while on Class A travel on a midnight to midnight
basis. A traveler on Class A or B travel who elects to be reimbursed on a per
diem basis is allowed $20.00 for each quarter from the time of departure until the
time of return.
Reimbursement for Meal Allowances That Exceed the State Rates
The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for
lunch, or $19 for dinner unless:
• For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied;
• The costs do not exceed charges normally allowed by the Recipient in its
regular operations as the result of the Recipient's written travel policy (in other
words, the reimbursement rates apply uniformly to all travel by the Recipient);
and,
• The costs do not exceed the reimbursement rates established by the United
States General Services Administration ("GSA") for that locale (see
https://www.gsa.gov/portal/content/l 04877).
Hotel Accommodations
• A traveler may not claim per diem or lodging reimbursement for overnight
travel within fifty (50) miles (one-way) of his or her headquarters or
residence unless the circumstances necessitating the overnight stay are
fully explained by the traveler and approved by the Division. Absent prior
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approval from the Division, the cost of any hotel accommodation shall not
exceed $175 per night.
Training Costs Supporting Documentation
• Copies of contracts or agreements with consultants or sub -contractors providing
services;
• Copies of invoices, receipts and cancelled checks, credit card
statements and bank statements for proof of payment;
• Copies of the agenda, certificates and/or sign in sheets (if using
prepopulated sign in sheets they must be certified by the Emergency
Management Director or Lead Instructor verifying attendance).
For travel and conferences related to EM PA activities:
• Copies of all receipts must be submitted (i.e., airfare, proof of mileage,
toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be
itemized and match the dates of travel/conference;
• Copies of Conferences must be providing an agenda. Proof of payment is also
required for all travel and conferences. If the Recipient seeks reimbursement
for travel costs that exceed the amounts stated in section 112.061(6)(b),
Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the
Recipient must provide documentation that: The costs are reasonable and do
not exceed charges normally allowed by the Recipient in its regular operations
as a result of the Recipient's written travel policy; and participation of the
individual in the travel is necessary to the Federal award.
E. EXERCISES
Exercises conducted with grant funds should test and evaluate performance towards
meeting capability targets established in a jurisdiction's Integrated Preparedness
Program (IPP) for the core capabilities needed to address its greatest risks.
Allowable Exercise -Related Costs
• Design, Develop, Conduct and Evaluate an Exercise. This includes
costs related to planning, meeting space and other meeting costs,
facilitation costs, materials and supplies, travel, and documentation.
Recipients are encouraged to use free public space/locations/facilities,
whenever available, prior to the rental of space/locations/facilities.
Exercises shall provide the opportunity to demonstrate and validate skills
learned, as well as to identify any gaps in these skills. Gaps identified
during an exercise including those for children and individuals with
disabilities or access and functional needs, shall be identified in the
AAR/IP and addressed in the exercise cycle.
• Hiring of Contractors or Consultants. Contractors or Consultants may be
hired to support direct exercise activities. Payment of salaries and fringe
benefits must be in accordance with the policies of the state or unit(s) of local
government and have the approval of the state. The services of
contractors/consultants may also be procured to support the design,
development, conduct and evaluation of exercises.
• Overtime and Backfill. The entire amount of overtime costs, including
payments related to backfilling personnel, which are the direct result of time
spent on the design, development and conduct of exercises are allowable
expenses. These costs are allowed only to the extent the payment for such
services is in accordance with the policies of the local government. In no
case is dual compensation allowable. That is, an employee of a unit of
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government may not receive compensation from their unit or agency of
government AND from an award for a single period of time (e.g., 1:00 p.m.
to 5:00 p.m.), even though such work may benefit both activities.
Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as
expenses by employees who are on travel status for official business related
to the planning and conduct of the exercise activities.
Supplies. Supplies are items that are expended or consumed during
the course of the planning and conduct of the exercise activities (e.g.,
gloves, non-sterile masks, fuel, and disposable protective equipment).
Other Items. These costs are limited to items consumed in direct support of
exercise activities such as the rental of space/locations for planning and
conducting an exercise, rental of equipment, and the procurement of other
essential nondurable goods. Recipients are encouraged to use free public
space/locations, whenever available, prior to the rental of space/locations.
Costs associated with inclusive practices and the provision of reasonable
accommodations and modifications that facilitate full access for children and
adults with disabilities are allowable.
When conducting an exercise that shall include meals for the attendees, the recipient
shall submit a request for approval to the Division no later than twenty-five (25) days prior
to the event to allow for both the Division and the Department of Financial Services to
review. The request for meals must be submitted on letterhead and must include the date
of exercise, agenda, number of attendees, and costs of meals.
Unauthorized Exercise -Related Costs
• Reimbursement for the maintenance and/or wear and tear costs of general
use vehicles (e.g., construction vehicles) and emergency response apparatus
(e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable
are fuel/gasoline or mileage;
• Equipment that is purchased for permanent installation and/or use,
beyond the scope of exercise conduct (e.g., electronic messaging
signs);
• Durable and non -durable goods purchased for installation and/or use
beyond the scope of exercise conduct.
If the recipient seeks reimbursement for exercise activities, then the following shall be submitted:
• Documentation clearly indicating the purpose/objectives of the
exercise (e.g. Situation Manual, Exercise Plan);
• After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda;
• Receipts and proof of payment (e.g. canceled check, electronic funds
transfer confirmation, credit card statement, bank statement) for supplies
expenditures (e.g. copying paper, gloves, tap, etc.);
• Invoices and proof of payment for Travel costs (e.g., internal travel voucher,
airfare, mileage, per diem, hotel) related to exercise activities;
• Proof of purchase methodology, if applicable (e.g. quotes, sole
source, state contract, competitive bid results).
No later than 90 days after completion of an exercise, the recipient must upload to the
DEMES an After Action Report (AAR) that includes the following:
An Improvement Plan; and,
A roster of participants.
MANAGEMENT AND ADMINISTRATIVE (M&A)
M&A activities are those defined as directly relating to the management and
administration of EMPA Program funds, such as financial management and monitoring. It
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should be noted that salaries of state and local emergency managers are not typically
categorized as M&A, unless the state or local EMA chooses to assign personnel to
specific M&A activities.
Management and Administrative Costs Supporting Documentation
• Copies of certified timesheets with employee and supervisor signature
documenting hours worked or Division Form 6 - Time and Effort and proof
employee was paid (paystubs, earning statements, and payroll expenditure
reports);
• Costs for M&A activities are allowed up to 5% of the total award amount.
Supplanting Prohibited
Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund
..may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida
Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be
used to supplant existing funding, nor shall funds from one program under the Trust Fund
be used to match funds received from another program under the Trust Fund."
H. OTHER CRITICAL INFORMATION
A. RULE 27P-19, FLORIDA ADMINISTRATIVE CODE
Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be
determined in accordance with applicable Federal Office of Management and Budget
Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A
(Definitions) and Subpart E (Cost Principles) shall apply to this Agreement.
Expenses
To qualify for reimbursement under the terms of this Agreement, an expense incurred by
the Recipient must be reasonable and necessary for the successful completion of a task
required by this Agreement. If an expense fails to qualify as either reasonable or
necessary to successfully complete a task, then the Division shall not provide any
reimbursement for that expense.
NOTE: This Scope of Work recognizes that each Recipient:
• Might be at a different level of preparedness than another Recipient
• Operates within a unique geography
• Faces unique threats and hazards
• Serves a unique population
Therefore, what might qualify as reasonable and necessary for one Recipient to
successfully complete a task under this Agreement might not qualify as reasonable and
necessary for another Recipient to successfully complete a task. Conversely, what might
not qualify for one may qualify for another.
To avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If
a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and
necessary for the successful completion of a task under this Agreement, and if the
Recipient receives permission from the Division prior to incurring that unique cost, then
the Division shall reimburse the Recipient for that cost.
Performance
To qualify for reimbursement under the terms of this Agreement, the Recipient's
performance must satisfy the minimum level of service required for the successful
completion of a task required by this Agreement. If the performance fails to satisfy the
minimum level of service, then the Division shall not provide any reimbursement for that
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performance.
B. INDIRECT COSTS
Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. §
200.414. Recipients with a negotiated cost rate agreement that desire to charge
indirect costs to an award must provide a copy of their negotiated indirect cost rate
agreement at the time of application. Recipients that are not required by 2 C.F.R. Part
200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R.
Part 200 to develop an indirect cost rate proposal must provide a copy of their
proposal at time of application. Post -award requests to charge indirect cost will be
considered on case-by-case basis and based upon the submission of an agreement or
proposal.
C. PROCUREMENT
All Procurement transactions will be conducted in a manner providing full and open
competition and shall comply with the standards articulated in:
• 2 C.F.R. Part 200;
• Chapter 287, Florida Statues; and
• Any local procurement policy.
Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain
procurement standards for entering contracts for personnel or services. This includes full
and open competition, methods of procurement to follow, federal or passthrough entity
review, and including federal provisions intro contracts.
D. FINANCIAL CONSEQUENCES:
If a recipient fails to comply with the terms and conditions of the State award, the Division
may terminate the award in whole or part. If the noncompliance can be corrected, the
Division may first attempt to direct the recipient to correct the noncompliance. This may
take the form of a Compliance Notification. If the noncompliance cannot be correct or the
recipient is nonresponsive, one or more of the following steps may be taken:
(1) Temporarily withhold payments pending correction of the deficiency by the recipient.
(2) Disallow (that is, deny both use of funds and any applicable matching credit
for) all or part of the cost of the activity or action not in compliance.
(3) Wholly or partly suspend or terminate the award.
(4) Take other remedies that may be legally available.
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FY 2025 EMPA AGREEMENT
ATTACHMENT A (2)
PROPOSED PROGRAM BUDGET DETAIL WORKSHEET
The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund
monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work
(Attachment A).
The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the
Division during the performance of the tasks outlined in the Scope of Work (Attachment A).
Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail
Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail
Worksheet", then the Division shall not execute this Agreement.
After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed
Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail
Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget
Detail Worksheet" to reflect current expenditures.
BUDGET SUMMARY AND EXPENDITURES
RECIPIENT: INDIAN RIVER COUNTY, COUNTY OF
AGREEMENT: A0542
1. PLANNING
$
2. ORGANIZATION
$
3. EQUIPMENT
$
4. TRAINING
$
5. EXERCISE
$
6. MANAGEMENT AND ADMINISTRATION
$
7. TOTAL AWARD
$ 105806.00
FY 2025 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES
Not limited to activities below
Allowable Planning Costs
Quantity
Unit Cost
Total Cost
Emergency Operations Plan
Salaries and Fringe Benefits
Supplies
Travel/per diem related to planning activities
TOTAL PLANNING EXPENDITURES
$
Allowable Organization Costs
Quantity
Unit Cost
Total Cost
Salaries and Fringe Benefits
Utilities (electric, water and sewage)
39
195
Service/Maintenance agreements
Supplies/Materials
Memberships
Publications
Postage
Storage
TOTAL ORGANIZATION EXPENDITURES
$
Allowable Equipment Acquisition Costs
Quantity
Unit Cost
Total Cost
Personal protective equipment
Information technology
Cybersecurity enhancement equipment
Interoperable communications equipment
Detection Equipment
Power equipment
CBRNE Reference Materials
CBRNE Incident Response Vehicles
Physical Security Enhancement Equipment
Logistics
Other authorized equipment costs
21GN-00-OCEQ - EOC Equipment & Supplies
(provide description of EOC equipment & supplies)
TOTAL EQUIPMENT EXPENDITURES
$
Allowable Training Costs
Quantity
Unit Cost
Total Cost
Salaries and Fringe Benefits
Develop, Deliver Training
Workshops and Conferences
196
Certification/Recertification of Instructors
Travel
Supplies
Overtime and Backfill
TOTAL TRAINING EXPENDITURES
$
Allowable Exercise Costs
Quantity
Unit Cost
Total Cost
Salaries and Fringe Benefits
Design, Develop, Conduct and Evaluate an Exercise in
accordance with HSEEP standards
Exercise Planning Workshop
Travel
Supplies
Overtime and Backfill
TOTAL EXERCISE EXPENDITURES
Allowable Management and Administration Costs
Up to 5% of total award
Quantity
Unit Cost
Total Cost
Salaries and Fringe Benefits
TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES
TOTAL EXPENDITURES
$105,806.00
REVISION DATE:
41
197
FY 2025 EMPA AGREEMENT
ATTACHMENT A (3) — QUARTERLY REPORTS
Recipients must provide the Division with quarterly financial reports and a final close-out report.
• Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of
each quarter of the program year and must continue to be submitted each quarter until
submission of the final close-out report. The ending dates for each quarter of this program year
are September 30, December 31, March 31, and June 30.
Reporting Period
Report due to Division no later than
July 1 through September 30
November 15
October 1 through December 31
February 15
January 1 through March 31
May 15
Aril 1 through June 30
August 15
The Recipient shall provide all support documentation for the quarterly financial reports.
A. The Recipient must provide all supporting documentation for the quarterly financial reports. The
Division shall accept back up documentation by email if the County is not able to upload on
Salesforce.
B. The Quarterly Tasks form 1 B is due with your quarterly financial report each quarter. This form
identifies all Emergency Management personnel's required training completed (or working
towards completion) as well as quarterly deliverables during the agreement period.
C. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local
Budget Match Requirement Form shall be completed and sent when the Local County Budget is
approved or by November 15, 2025. The County shall provide a copy of the current Emergency
Management Local Budget (General Revenue) including approved budget date with the form. If
the County's current budget is lower than the previous year, or the average of the last three
years, the county is required to request a Waiver no later than forty-five (45) days after the county
budget is approved.
D. In a format provided by the Division, Form 4 — Staffing Detail and position descriptions of each
funded county emergency management staff shall be submitted no later than November 15,
2025, or along with 1st quarter reimbursement submission, whichever occurs first.
E. The final close-out report is due sixty (60) days after termination of this Agreement by August 30,
2026, or 60 days after completion of activities contained in this agreement, whichever occurs first.
F. An administrative closeout may be conducted when a recipient is not responsive to the Division's
reasonable efforts to collect required reports, forms, or other documentation needed to complete
the standard award and/or closeout process. FDEM will make three written attempts to collect the
required information before initiating an administrative closeout. If an award is administratively
closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339,
consider this information in reviewing future award applications, or apply special conditions to
existing or future award.
42
198
FY 2025 EMPA AGREEMENT
ATTACHMENT B
JUSTIFICATION OF ADVANCE PAYMENT
RECIPIENT:
If you are requesting an advance, indicate same by checking the box below.
[ ] ADVANCE REQUESTED
Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds
are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not
be able to operate the program without this advance.
If you are requesting an advance, complete the following chart and line item justification below.
ESTIMATED EXPENSES
BUDGET CATEGORY/LINE ITEMS
Fiscal Year 2025 Anticipated Expenditures for
(list applicable line items)
First Three Months of Contract
For example
ADMINISTRATIVE COSTS:
For example
PROGRAM EXPENSES:
TOTAL EXPENSES:
LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the
cash advance. The justification must include supporting documentation that clearly shows the advance will be
expended within the first ninety (90) days of the contract term. Support documentation should include, but is
not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to
provide the Division reasonable and necessary support that the advance will be expended within the first
ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the
contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida
32399, within thirty (30) days of receipt, along with any interest earned on the advance)
*REQUESTS FOR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS*
Signature of Recipient/Subcontractor's Authorized Official Date:
Name and Title of Recipient/Subcontractor's Authorized Official
43
199
FY 2025 EMPA AGREEMENT
ATTACHMENT C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Subcontractor Covered Transactions
(1) The prospective subcontractor of the Recipient, , certifies, by
submission of this document, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective
subcontractor shall attach an explanation to this form.
SUBCONTRACTOR:
By:
Signature
Name and Title
Street Address
City, State, Zip
Date
Recipient's Name
Division Contract Number
Project Number
200
FY 2025 EMPA AGREEMENT
ATTACHMENT D
WARRANTIES AND REPRESENTATIONS
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current, and complete disclosure of the financial results of this project or program.
(2) Records that identify the source and use of funds for all activities. These records shall
contain information pertaining to grant awards, authorizations, obligations, unobligated
balances, assets, outlays, income, and interest.
(3) Effective control over and accountability for all funds, property, and other assets. Recipient
shall safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the
provisions of the applicable OMB cost principles and the terms and conditions of this
Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
(1) All procurement transactions shall be done in a manner to provide open and free competition.
(2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among
contractors that may restrict or eliminate competition or otherwise restrain trade. In order to
ensure excellent contractor performance and eliminate unfair competitive advantage, contractors
that develop or draft specifications, requirements, statements of work, invitations for bids and/or
requests for proposals shall be excluded from competing for such procurements.
(3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation
and is most advantageous to the Recipient, considering the price, quality, and other factors.
(4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid
or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the
Recipient's interest to do so.
45
201
Codes of Conduct
Recipient warrants the following:
(1) The Recipient shall maintain written standards of conduct governing the performance of its
employees engaged in the award and administration of contracts.
(2) No employee, officer, or agent shall participate in the selection, award, or administration of a
contract supported by public grant funds if a real or apparent conflict of interest would be
involved. Such a conflict would arise when the employee, officer, or agent, any member of his or
her immediate family, his or her partner, or an organization which employs or is about to employ
any of the parties indicated, has a financial or other interest in the firm selected for an award.
(3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts.
(4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the
standards by officers, employees, or agents of the Recipient.
Business Hours
The Recipient has moved to a hybrid remote work schedule and employees are in the office 3 days a
week. It is expected for at least one employee to physically be on site from (Monday) through (Friday),
and from (times) ( ) to ( ).
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all the particular work for which they are hired by the Recipient.
M
202
FY 2025 EMPA AGREEMENT
ATTACHMENT E
STATEMENT OF ASSURANCES
The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies,
guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative
Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the
application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant
assures and certifies that:
1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of
persons displaced as a result of Federal and federally assisted programs.
2. It will comply with provisions of Federal law which limit certain political activities of employees of a
State or local unit of government whose principal employment is in connection with an activity
financed in whole or in part by Federal grants (5 USC 1501, et. Seg.).
3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor
Standards Act.
4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or
gives the appearance of being motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other ties.
5. It will give the sponsoring agency or the Comptroller General, through any authorized
representative, access to and the right to examine all records, books, papers, or documents
related to the grant.
6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special
requirements of law, program requirements, and other administrative requirements.
7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA)
list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to
be used in the project is under consideration for listing by the EPA.
8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976,
Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in
communities where such insurance is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified by the Secretary of the Department of Housing and Urban Development as an area
having special flood hazards. The phrase "Federal financial assistance" includes any form of loan,
grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any
other form of direct or indirect Federal assistance.
9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to
identify properties listed in or eligible for inclusion in the National Register of Historic Places that
are subject to adverse effects (See 36 CFR Part 800.8) by the activity, and notifying the Federal
grantor agency of the existence of any such properties and by (b) complying with all requirements
established by the Federal grantor agency to avoid or mitigate adverse effects upon such
properties.
47
203
10. It will comply, and assure the compliance of all its Recipients and contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the
provisions of the current edition of the Office of Justice Programs Financial and Administrative
Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations.
11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements
including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information
Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23,
Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of
Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment
Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National
Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures;
and Federal laws or regulations applicable to Federal Assistance Programs.
12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the
Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims
of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of
the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities
Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of
1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E,
and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and
Part 39.
13. In the event a Federal or State court or Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the Grounds of race, color, religion, national origin,
sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to
the Office for Civil Rights, Office of Justice Programs.
14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the
application is for $500,000 or more.
15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated
October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
funds within the units of the Coastal Barrier Resources System.
16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the
Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees,
as defined at 28 CFR Part 67 Sections 67.615 and 67.620.
204
File ID: 25-0717
Indian River County, Florida
MEMORANDUM
Indian River ounty
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Type: Consent Staff Report Meeting Date: 7/15/2025
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
David Johnson, Director of Emergency Services
FROM: Karen Rackard, 911 Coordinator
DATE: July 1, 2025
SUBJECT: Updated State Funded Agreement PSAP Upgrade Project
BACKGROUND
The Emergency Services District operates the County -wide 911 call taking network and systems, located at the
Indian River County Sheriff s Office, City of Sebastian, City of Vero Beach and at the Emergency Operations
Center (EOC).
ANALYSIS
The purpose of this agenda item is to seek the Board's review and approval of a crucial update to the State -
Funded PSAP Upgrade Project. This update is necessary to extend the original agreement to June 30, 2026, due
to delay in commencement of the project, which may prevent completion by the original agreement date. The
new updated agreement will ensure that Indian River County receives the funds required for non-recurring
charges and the first year of reimbursement. There is no change to the Scope of work or the amount of the
agreement.
The expedited approval of this amendment is essential for moving forward effectively.
BUDGETARYIMPACT
N/A
PREVIOUS BOARD ACTIONS
During the March 11, 2025 Commission meeting, the Board approved funding from The State of Florida
Department of Management Services for the PSAP Upgrade Project.
POTENTIAL FUTURE BOARD ACTIONS
N/A
STRATEGIC PLAN ALIGNMENT
Public Safety
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends the Board approve the updated agreement and authorize the Chairman to execute and
authorize the Director of Emergency Services to sign any documents necessary with The State of Florida
Department of Management Services, after review and approval by the County attorney as to form a legal
sufficiency.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Department of
MANAGEM
SERVICES
We serve those wh
STATE -FUNDED AGREEMENT
FOR
PSAP UPGRADE PROJECT
DMS -P1-25-07-17
1:]:* i"'14:4 -,TI
THE STATE OF FLORIDA
4050 Esplanade Way
Tallahassee, FL 32399-0950
850-488-2786
DEPARTMENT OF MANAGEMENT SERVICES
AND
INDIAN RIVER COUNTY
Ron DeSantis, Governor
Pedro Allende, Secretary
207
STATE -FUNDED AGREEMENT
This State -Funded Agreement (Agreement) is between the Florida Department of
Management Services (Department), 4030 Esplanade Way, Tallahassee, Florida, 32399 and
Indian River County (Recipient), 4225 43rd Avenue, Vero Beach, FL 32967.
The Department and Recipient agree as follows:
(1) AUTHORITY
A. The Department has been appropriated funds from the Emergency Communications
Trust Fund for State fiscal year 2025-2026, pursuant to Section 215. of SB 2500
(2025), using unexpended funds provided to the Department from specific
appropriation line item #2971 of Chapter 2024-231, Laws of Florida, to fund Public
Safety Answering Point (PSAP) Upgrades. The Department has the authority, in
accordance with section 282.702 Florida Statutes (F.S.), to enter into this Agreement
and to disburse the appropriated funds to the Recipient under the terms and conditions
set forth below.
B. In accordance with section 215.971, F.S., the Department has the authority to monitor
the portion of the State of Florida appropriated funds for the PSAP upgrades.
(2) LAWS, RULES, REGULATIONS, AND POLICIES
A. This Agreement is executed and entered into in the State of Florida and will be
performed, construed, and enforced in accordance with the laws, rules, and
regulations of the State of Florida. Each party will perform its obligations in accordance
with the terms and conditions of this Agreement.
B. The parties shall be governed by all applicable State and Federal laws, rules, and
regulations, including but not limited to those identified in Attachment B — Program
Statutes and Regulations. Any express reference in this Agreement to a statute, rule,
or regulation in no way implies that no other statute, rule, or regulation applies.
(3) CONTACT
A. In accordance with section 215.971(2), F.S., the Department's Grant Manager is
responsible for enforcing the performance of this Agreement's terms and conditions
and will serve as the Department's liaison with the Recipient. As part of the duties, the
Grant Manager for the Department will:
i. Monitor and document Recipient performance of the terms of this Agreement;
ii. Review and document all deliverables for which the Recipient requests payment;
and,
iii. Reconcile and verify all funds received against all funds expended during the
agreement period and produce a final reconciliation report which identifies any
funds paid in excess of the expenditures incurred by the Recipient.
B. Grant Managers
i. The name and address of the Department's Grant Manager responsible for the
administration of this Agreement is:
DMS -P1-25-07-17 Page 2 of 18 208
Leon Simmonds
Grant Manager
4030 Esplanade Way
Tallahassee, Florida 32399
(850) 921-0041
Leon.Simmonds@dms.fl.gov
ii. The name and address of the Recipient's Agreement Manager responsible for the
administration of this Agreement is:
Karen Rackard
Title: 911 Coordinator
Address: 4225 43rd Avenue, Vero Beach, FL 32967
Telephone: 772-226-3943
Email: KRackard@indianriver.gov
C. The Recipient's Agreement Manager is responsible for monitoring the performance of
this Agreement's terms and conditions and will serve as the Recipient's liaison with
the Department. As part of the duties, the Agreement Manager for the Recipient shall
provide the Department with all reports in accordance with Section 15, Reports, of this
Agreement, as well as any other required reports or documents under this Agreement.
D. In the event that different Managers or addresses are designated by either party after
execution of this Agreement, a notice of the name, title, and address of the new
Manager will be provided to the other party in writing. Such changes do not require a
formal written amendment to the Agreement.
(4) TERMS AND CONDITIONS
This Agreement consists of this State -Funded Agreement and all incorporated
attachments and exhibits, which set forth the entire understanding of the parties and
supersede all prior agreements and understanding related to the subject matter thereof.
(5) EXECUTION
This Agreement may be executed in any number of counterparts, each of which, when
executed and delivered, shall constitute a duplicate original, but all counterparts together
shall constitute a single agreement.
(6) MODIFICATION
Either party may request a modification of provisions of this Agreement via a formal
amendment, which shall be valid only when in writing, signed by each of the parties, and
attached to the original version of this Agreement.
(7) SCOPE OF WORK
The Recipient shall perform the work in accordance with Attachment A, Scope of Work
and Budget, of this Agreement.
DMS -P1-25-07-17 Page 3 of 18 209
(8) PERIOD OF AGREEMENT
A. In accordance with section 215.971(1)(d), F.S., the Recipient may expend funds
authorized by this Agreement only for allowable costs from obligations incurred during
the Agreement period. This Agreement shall begin on July 1, 2025 and shall end on
June 30, 2026, unless:
i. The Department requests and receives from the Florida Legislature an extension
for one (1) year to reflect changes to the funding source; or
ii. The Agreement is terminated earlier in accordance with Section 20, Termination,
of this Agreement.
B. The Department does not guarantee an extension or renewal of this Agreement or
funding beyond the term of this Agreement and shall not, absent legislative approval
of funding, be obligated to extend this Agreement beyond June 30, 2026. This
Agreement may be renewed on a yearly basis, contingent upon a specific
appropriation by the Legislature. Renewals must be in writing, subject to the same
terms and conditions as set forth in the initial contract, made by mutual agreement,
and will be contingent upon satisfactory fiscal and programmatic performance
evaluations as determined by the Department, and subject to the availability of funds.
(9) FUNDING
A. Funding for this Agreement consists of the awarded state resources set forth in the
below -listed Exhibit 1, Audit Requirements.
B. The method of payment for this Agreement is cost reimbursement or rural payment
pursuant to section 215.971(1)(h), F.S. and subject to the availability of funds.
C. In accordance with Section 215 of SB 2500 (2025), funds shall only be used to
reimburse Recipient expenditures or pay for allowable costs incurred by a Rural
Recipient for Recipient's implementation of their PSAP Upgrade.
D. The State of Florida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature.
E. The Department will reimburse or provide rural payment to the Recipient only for
allowable costs incurred during the Agreement period by the Recipient for the
successful completion of each deliverable. The maximum reimbursement amount for
the entirety of this Agreement is $208,418.54.
F. The Department will review any request for reimbursement or rural payment by
comparing the documentation provided by the Recipient's Agreement Manager
against a performance measure, outlined in Attachment A, that clearly delineates:
The required minimum acceptable level of service to be performed; and,
The criteria for evaluating the successful completion of each deliverable.
G. For the purposes of this Agreement, the Department shall consider payments made
by Recipient to be improper under the following circumstances:
Any payment that should not have been made or that was made in an incorrect
amount (including overpayments and underpayments) under statutory,
contractual, administrative, or other legally applicable requirements.
DMS -P1-25-07-17 Page 4 of 18 210
ii. Any payment to an ineligible party, any payment for an ineligible good or service,
any duplicate payment, any payment for a good or service not received (except
for such payments where authorized by law), any payment that does not account
for credit for applicable discounts, and any payment where insufficient or lack of
documentation prevents a reviewer from discerning whether a payment was
proper.
iii. Any payment for Management Consulting or Feasibility Studies.
(10) REQUEST FOR REIMBURSEMENT
A. Subject to the funding limitations of this Agreement, the Department shall reimburse
the Recipient only for allowable costs resulting from incurred obligations pursuant to
section 216.301, F.S., in furtherance of the successful completion of deliverables
outlined in Attachment A and further defined in the Recipient's PSAP Upgrade
implementation contract. The Recipient may submit more than one (1) request for
reimbursement under this deliverable. However, no reimbursement shall duplicate
any previous reimbursement.
B. Recipient will submit a request for reimbursement (See Attachment D, Request for
Reimbursement of Funds), by email to the Grant Manager, not to exceed once per
month.
C. All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper pre -audit and post -audit thereof and shall be
accompanied by all supporting documentation required for reimbursement including,
but not limited to, copies of purchase orders and paid vouchers, invoices, copies of
check processing, and journal transfers. Reimbursement claims shall include only
expenditures claimed against the awarded funding amount. Requests for
reimbursement for Recipient Deliverable 2 of Attachment A, must also contain copies
of Recipient's documented inspection of activities or project milestones performed
under Recipient Deliverable 3 to verify the components meet or exceed Recipient's
Contract for the PSAP Upgrade procured under Recipient Deliverable 1.
D. The Department shall not process requests for reimbursement for payments made
by Recipient that are deemed as improper payments as set forth in Section 9,
Funding, of this Agreement.
E. Submission of final documents and submission for closeout of the funding does not
affect the Department's right to disallow costs and recover funds based on an audit
or financial review. The final request for reimbursement and supporting
documentation for incurred obligations pursuant to section 216.301, F.S., shall be
submitted to the Department no later than August 15, 2026
F. The Department is not liable for approval of reimbursement by the Department of
Financial Services (DFS), and Recipient is responsible for ensuring purchases and
invoices are in conformance with DFS requirements. Recipient agrees to comply
with the State of Florida Reference Guide for State Expenditures, available at:
https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-
agencies/reference-quide-for-state-expend itures. pdf.
G. Any travel expense bills are not permissible or allowable under this Agreement.
DMS -P1-25-07-17 Page 5 of 18 211
(11) RURAL COMMUNITY OR RURAL AREA OF OPPORTUNITY REQUEST FOR
PAYMENT
A. Pursuant to section 215.971(1)(h), F.S., if the Recipient is a Rural Community or
Rural Area of Opportunity as those terms are defined in section 288.0656(2). F.S.,
("Rural Recipient"), a Rural Recipient may request that the Department provide for
the payment of invoices for verifiable and eligible performance that has been
completed in accordance with the terms and conditions set forth in this Agreement
("rural payment"). Prior to, or in conjunction with, such a rural payment request, a
Rural Recipient shall submit documentation to the Department sufficiently
demonstrating the financial hardship of the Rural Recipient.
B. A Rural Recipient shall submit its request to elect to receive rural payment, including
any financial hardship documentation, in writing to the Department's Grant Manager
specified in the Agreement. Following demonstration of financial hardship and the
initial request to elect to receive rural payment, subsequent requests for payment
and all necessary documentation, including the Attachment I, Request for Payment
to Rural Communities or Rural Areas of Opportunity, for incurred and appropriate
costs shall be submitted in writing to the Department's Grant Manager.
C. The Rural Recipient is responsible for ensuring all documentation related to Rural
Recipient's Project is readily available to the Department upon request and is in
conformance with the DFS requirements. Rural Recipient will submit requests for
rural payment, including Attachment I, Request for Payment to Rural Community
Communities or Rural Areas of Opportunity, on a quarterly basis to the Department's
Grant Manager. All bills for fees or expenses shall be submitted in detail sufficient
for a proper pre -audit and post -audit thereof and shall be accompanied by all
supporting documentation required for payment including, but not limited to, copies
of purchase orders, invoices, and any other expenditure justifications, along with any
copies of Recipient's documented inspection of activities performed under Recipient
Deliverable 3 to verify the components meet or exceed Recipient's PSAP Upgrade
implementation contract procured under Recipient Deliverable 1.
D. The Department shall not process requests for rural payments made by Recipient
that are deemed as improper payments as set forth in Section 9, Funding, of this
Agreement.
E. Submission of final documents and submission for closeout of the funding does not
affect the Department's right to disallow costs and recover funds based on an audit
orfinancial review. The final request for rural payment and supporting documentation
for incurred obligations pursuant to section 216.301, F.S. shall be submitted to the
Department no later than August 15, 2026.
F. Funds provided to a Rural Recipient via rural payment shall only be used for
allowable costs incurred by a Rural Recipient pursuant to section 216.301, F.S., in
the successful completion of each deliverable outlined in Attachment A and defined
in the PSAP Upgrade implementation contract. Funds provided shall not exceed the
amount specified in Section 9, Funding, and Exhibit 1, Audit Requirements, of this
Agreement.
G. Funds provided to a Rural Recipient via rural payment shall only be used for
expenditures directly related to Recipient's PSAP Upgrade implementation contract
as specified in the Agreement.
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H. The Recipient shall provide additional reports and information identified in
Attachment I, Request for Payment to Rural Community or Rural Area of
Opportunity, as requested by the Department's Grant Manager.
(12) RECORDS
A. Pursuant to section 20.055(5), F.S., the Recipient and its subcontractors (if any)
understand and shall comply with their duty to cooperate with the Department's
Inspector General in any investigation, audit, inspection, review, or hearing.
B. As required by section 215.97, F.S., and Florida Administrative Code Rule 691-5.006,
the Department, the Chief Inspector General for the State of Florida, the Florida
Auditor General, or any of their authorized representatives, shall enjoy the right of
access to any documents, financial statements, papers, or other records of the
Recipient which are pertinent to this Agreement, in order to make audits,
examinations, excerpts, and transcripts. The right of access also includes timely and
reasonable access to the Recipient's personnel for the purpose of interview and
discussion related to such documents.
C. The Recipient shall maintain any books, records, or documents for the Recipient and
for all subcontractors to be paid from funds provided under this Agreement, in
accordance with generally accepted accounting procedures and practices which
sufficiently and properly reflect all expenditures of funds provided by the Department
under this Agreement, in a form sufficient to determine compliance with the
requirements and objectives of this Agreement, and all other applicable laws and
regulations.
D. The Recipient will retain sufficient records demonstrating its compliance with the
terms of this Agreement for the longer of, a period of at least five (5) years from the
date the audit report is issued, or the period required by the General Records
Schedules maintained by the Florida Department of State, available at:
https://dos.myflorida.com/library-archives/records-management/generaI-records-
schedules/. The Recipient shall allow the Department, or its designee, DFS, or
Auditor General access to such reports upon request and shall ensure that audit
working papers are made available upon request by the Department or its designee,
Chief Financial Officer, or Auditor General, for a period of three (3) years from the
date the audit report is issued unless extended in writing by the Department.
E. In accordance with section 216.1366, F.S., the Department is authorized to inspect
the: (a) financial records, papers, and documents of the Recipient that are directly
related to the performance of this Agreement or the expenditure of state funds; and
(b) programmatic records, papers, and documents of the Recipient which the
Department determines are necessary to monitor the performance of the Contract
or to ensure that the terms of this Agreement are being met. The Recipient shall
provide such records, papers, and documents requested by the Department within
10 Business Days after the request is made.
(13) PUBLIC RECORDS
A. The Recipient is required to comply with the State of Florida's Public Records Law,
which provides a right of access to the records of the state and local governments.
The Recipient shall:
DMS -P1-25-07-17 Page 7 of 18 213
i. Keep and maintain public records required to perform the services
contemplated in this Agreement;
ii. Upon request from the Department's custodian of public records, provide the
Department with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Chapter 119, F.S., or as otherwise provided by law;
iii. Ensure that public records that are exempt or confidential and exempt from
public records disclosure are not disclosed except as authorized by law for the
duration of the contract term and following the completion of the Contract if the
Recipient does not transfer the records to the public agency;
iv. Upon completion of the Contract, transfer, at no cost, to the Department all
public records in possession of the Recipient or keep and maintain public
records required by the Department to perform the service. If the Recipient
transfers all public records to the public agency upon completion of the
Agreement, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.
If the Recipient keeps and maintains public records upon completion of the
Agreement, the Recipient shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
Department, upon request from the Department's custodian of public records,
in a format that is compatible with the information technology systems of the
Department; and
V. IF THE RECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE
RECIPIENT's DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE
NUMBER, EMAIL ADDRESS AND MAILING ADDRESS
PROVIDED IN SECTION 3, CONTACT, OF THE
AGREEMENT.
B. The Department reserves the right to unilaterally cancel this Agreement if the
Recipient refuses to allow public access to all documents, papers, letters, or other
material subject to the provisions of Chapter 119, F.S., which the Recipient created
or received under this Agreement.
(14) AUDITS
A. In the event the Recipient expends $750,000.00 or more in-state financial
assistance during its fiscal year, the Recipient must have a State single or project -
specific audit conducted in accordance with section 215.97(2)(a), F.S.; applicable
DFS rules; and Chapter 10.550, Rules of the Auditor General.
B. In connection with the audit requirements, the Recipient shall ensure that the audit
complies with the requirements of section 215.97, F.S. This includes submission of
a financial reporting package as defined by section 215.97, F.S., and Chapter
10.550, Rules of the Auditor General.
The Recipient shall send copies of reporting packages required under this
paragraph directly to each of the following:
DMS -P1-25-07-17 Page 8 of 18 214
The Department of Management Services
Office of the Inspector General
4050 Esplanade Way
Tallahassee, Florida 32399-0950
The Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
C. If Recipient expends less than $750,000.00 in state financial assistance in its fiscal
year (for fiscal years ending September 30, 2004, or thereafter), an audit conducted
in accordance with the provisions of section 215.97(2)(a), F.S., is not required. In
the event that Recipient expends less than $750,000.00 in state financial assistance
in its fiscal year and elects to have an audit conducted in accordance with the
provisions of section 215.97(2)(a), F.S., the cost of the audit must be paid from the
nonstate entity's resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
D. This section does not limit the authority of the state awarding agency to conduct or
arrange for the conduct of additional audits or evaluations of state financial
assistance or limit the authority of any State awarding agency inspector general,
the Auditor General, or any other state official.
E. If an audit shows that all or any portion of the funds disbursed were not spent in
accordance with the conditions of this Agreement, the Recipient shall be held liable
for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the
Department has notified the Recipient of such non-compliance.
F. The Recipient shall have all audits completed by an independent auditor, which is
defined in section 215.97(2)(i), F.S., as "an independent certified public accountant
licensed under chapter 473" and conducted in accordance with section 215.97,
F.S.; applicable rules of the Department of Financial Services; and Chapter 10.550,
Rules of the Auditor General. The independent auditor shall state that the audit
complied with the applicable provisions noted above.
G. Upon completion of the audit, a copy of the audit report and financial reporting
package must be received by the Department and the Auditor General no later than
nine (9) months from the end of the Recipient's fiscal year.
(15) REPORTS
A. The Recipient shall provide the Department's Grant Manager with quarterly reports
and an administrative closeout report as provided in Attachment E, Quarterly
Report, and Attachment H, Final Administrative Closeout Report. These reports
shall include the current status and progress of the Recipient and its Contractor(s)
and subcontractor(s) in completing the work described in Attachment A, the
expenditure of funds under this Agreement, and any other information requested
by the Department.
DMS -P1-25-07-17 Page 9 of 18 215
B. Quarterly reports are due to the Department no later than thirty (30) days after the
end of each quarter of the program year. They shall be sent each quarter after
execution of this Agreement until submission of Attachment H. The ending dates
for each quarter of the program year are March 31, June 30, September 30, and
December 31.
C. The completed Attachment H is due sixty (60) days after the termination of this
Agreement or sixty (60) days after completion of the activities contained in this
Agreement, whichever first occurs.
D. If all required reports and copies are not sent to the Department or are not
completed in a manner acceptable by the Department, the Department may
withhold further payments until they are completed or may take other action as
stated in Section 19, Remedies. "Acceptable by the Department" means that the
work product was completed in accordance with the terms in Attachment A.
E. The Recipient shall provide additional program update information identified in
Attachment E, Quarterly Report, or information that may be required by the
Department.
F. The Recipient shall provide additional reports and information identified in
Attachment D, Request for Reimbursement of Funds, as requested by the
Department's Grant Manager.
(16) MONITORING
A. The Recipient shall monitor its performance under this Agreement, as well as that
of its Contractor(s), subcontractor(s), and/or consultants who are paid from funds
provided under this Agreement, to ensure that time schedules are being met, the
schedule of deliverables and Scope of Work are being accomplished within the
specified time periods, and other performance goals are being achieved. In
addition, the Recipient shall perform a review of each function or activity in
Attachment A of this Agreement and of the activities reported in the quarterly
reports.
B. In addition to reviews of audits, monitoring procedures may include, but shall not
be limited to, on-site visits by Department staff, limited scope audits, and other
procedures. The Recipient agrees to comply and cooperate with any monitoring
procedures and processes deemed appropriate by the Department. In the event
that the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions
provided by the Department to the Recipient regarding such audit. The Recipient
further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Florida Chief Financial Officer
or Auditor General. In addition, the Department will monitor the performance and
financial management of the Recipient throughout the Agreement term.
DMS -P1-25-07-17 Page 10 of 18 216
(17) LIABILITY
A. The Recipient is solely responsible to parties it deals with in carrying out the terms
of this Agreement and, subject to the limitation of section 768.28, F.S., Recipient
shall hold Department harmless against all claims of whatever nature by third
parties arising from work performed under this Agreement.
B. Recipient, a subdivision as defined in section 768.28, F.S., agrees to be fully
responsible for its negligent or tortious acts or omissions which result in claims or
suits against the Department and agrees to be liable for any damages proximately
caused by the acts or omissions to the extent set forth in section 768.28, F.S..
Nothing in this Agreement is intended to serve as a waiver of sovereign immunity
by any Recipient to which sovereign immunity applies. Nothing in this Agreement
may be construed as consent by a state agency or subdivision of the State of
Florida to be sued by third parties in any matter arising out of any contract.
(18) DEFAULT
If any of the following events occur ("Events of Default'), all obligations on the part of
the Department to make any further payment of funds shall, if the Department elects,
terminate and the Department has the option to exercise any of its remedies set forth
herein. However, the Department may make payments or partial payments after any
Events of Default without waiving the right to exercise such remedies and without
becoming liable to make any further payment:
A. If any warranty or representation made by the Recipient in this Agreement or any
previous agreement with the Department is or becomes false or misleading in any
respect.
B. If the Recipient fails to keep or perform any of the obligations, terms, or covenants
in this Agreement with the Department and has not cured them in a timely fashion
or is unable or unwilling to meet its obligations under this Agreement.
C. If material adverse changes occur in the financial condition of the Recipient at any
time during the term of this Agreement, and the Recipient fails to cure this adverse
change within thirty (30) days from the date written notice is sent by the
Department.
D. If any reports required by this Agreement have not been submitted to the
Department or have been submitted with incorrect, incomplete, or insufficient
information.
E. If the Recipient has failed to perform and complete on time any of its obligations
under this Agreement.
(19) REMEDIES
If an Event of Default occurs, then the Department shall provide a written notice to the
Recipient and may exercise any one or more of the following remedies, either
concurrently or consecutively:
A. Terminate this Agreement pursuant to the terms in Section 20, Termination, of this
Agreement;
DMS -P1-25-07-17 Page 11 of 18 217
B. Withhold or suspend the payment of all or any part of a request for reimbursement
or rural payment until the Recipient cures the event of default identified in the
written notice;
C. Exercise any corrective or remedial actions, including but not limited to:
L Request Recipient cure the default;
ii. Request additional information from the Recipient to determine the reasons for
or the extent of non-compliance or lack of performance;
iii. Issue a written warning to advise that more serious measures may be taken if
the situation is not corrected;
iv. Advise the Recipient to suspend, discontinue, or refrain from incurring costs
for any activities in question; or,
v. Require the Recipient to reimburse the Department for the amount of costs
incurred for any items determined to be ineligible.
D. Exercise any other rights or remedies which may be available under law.
Pursuing any of the above remedies will not stop the Department from pursuing any
other remedies in this Agreement or provided at law or in equity. If the Department
waives any right or remedy in this Agreement or fails to insist on strict performance by
the Recipient, it will not affect, extend or waive any other right or remedy of the
Department, or affect the later exercise of the same right or remedy by the Department
for any other default by the Recipient.
(20) TERMINATION
A. If the performance of the Contractor is not in compliance with the Agreement
requirements, the Department may:
L Unilaterally terminate this Agreement for cause after ten (10) days of a written
notice of the termination,
ii. Notify the Contractor of the non-compliance and require correction within a
specified time; otherwise, the Contract will terminate at the end of such time;
or
iii. Take other action deemed appropriate by the Department.
The notice shall be effective when placed in the United States, first-class mail,
postage prepaid, by registered or certified mail return receipt requested, to the
address in Section 3, Contact, herein.
B. The Department may unilaterally terminate this Agreement for Recipient's refusal
to permit public access to any document, paper, letter, or other material subject to
disclosure under Chapter 119, F.S., as amended, unless exempt from section
24(a) of Article I of the State Constitution and section 119.071, F.S., or applicable
State or federal law.
C. The Department may unilaterally terminate this Agreement for convenience by
providing the Recipient with thirty (30) calendar days prior written notice.
D. The parties may agree to terminate this Agreement for their mutual convenience
through a written amendment of this Agreement. The amendment will state the
DMS -P1-25-07-17 Page 12 of 18 218
effective date of the termination and the procedures for proper closeout of the
Agreement.
E. In the event that this Agreement is terminated, the Recipient shall not incur new
obligations for the terminated portion of the Agreement after the Recipient has
received the notification of termination.
F. Upon notice of termination, the Recipient will cancel as many outstanding
obligations as possible. Costs incurred after the receipt of the termination notice
are disallowed. The Recipient shall not be relieved of liability to the Department
because of any breach of Agreement by the Recipient. The Department may, to
the extent authorized by law, withhold payments to the Recipient for the purpose
of set-off until the exact amount of damages due to the Department from the
Recipient, is determined exclusively by the Department
(21) RESULTING THIRD PARTY CONTRACT AND SUBCONTRACTS
A. The Recipient may contract with third parties to perform work in furtherance of
Recipient's PSAP Upgrade implementation contract. The Recipient will be fully
responsible for the satisfactory completion of all work performed under any third -
party Contract(s).
B. With the Recipient's approval, the Recipient's Contractor may subcontract work
performed in furtherance of the PSAP Upgrade implementation contract, and the
Recipient's Contractor will be fully responsible for satisfactory completion of all
subcontracted work.
C. The Recipient agrees all Recipient contracts or subcontracts for which the State
Legislature is in any part a funding source shall contain language requiring
Contractor(s) or subcontractor(s) who are paid from funds provided under this
Agreement (i) to be bound by the terms of this Agreement; (ii) be bound by all
applicable State, and federal laws and regulations including, but not limited to,
section 215.971, F.S. and Rule 691-5.006(2), FAC; and (iii) hold the Department
and Recipient harmless against all claims of whatever nature arising out of the
performance of work under this Agreement, to the extent allowed and required by
law.
D. All Recipient contracts or subcontracts for which the State Legislature is in any part
a funding source shall contain language to provide for termination with reasonable
costs to be paid for eligible contract work completed prior to the date the notice of
suspension or termination was received by the Recipient. Any cost incurred after
a notice of suspension or termination is received by the Recipient may not be
funded with funds provided under this Agreement unless previously approved in
writing by the Department. All Recipient contracts and subcontracts shall contain
provisions for termination for cause or convenience and shall provide for the
method of payment in such event.
E. The Recipient shall document in its Quarterly Report, Attachment E, the Contractor
and/or subcontractor's progress in performing its work under this Agreement. For
each Contractor or subcontractor, the Recipient shall provide a written statement
to the Department as to whether that Contractor or subcontractor is a minority
business enterprise, as defined in section 288.703, F.S.
DMS -P1-25-07-17 Page 13 of 18 219
(22) ATTACHMENTS
A. All attachments and exhibits listed below are incorporated in their entirety into this
Agreement.
B. This Agreement has the following attachments:
Exhibit 1 — Audit Requirements
Attachment A — Scope of Work and Budget
Attachment B — Program Statutes and Regulations
Attachment C — Statement of Assurances
Attachment D — Request for Reimbursement of Funds
Attachment E — Quarterly Report
Attachment F— Warranties and Representations
Attachment G — Certification Regarding Debarment
Attachment H — Final Administrative Closeout Report
Attachment I — Request for Payment to Rural Community or Rural Area of
Opportunity (Rural Payment)
C. In the event of any of these documents conflict, the conflict will be resolved in the
following order of priority (highest to lowest):
• Amendments to this Agreement in reverse order.
• Attachment A
• This Agreement and Attachments B through I, in order.
(23) RETURN OF FUNDS
All refunds or repayments due to the Department under this Agreement are to be made
payable to the order of "Department of Management Services" and mailed directly to
the following address:
Department of Management Services
Financial Management Services
4050 Esplanade Way
Tallahassee, Florida 32399-0950
In accordance with section 215.34(2), F.S., if a check or other draft is returned to the
Department for collection, the Recipient shall pay the Department a service fee of
$15.00 or five percent (5%) of the face amount of the returned check or draft,
whichever is greater.
(24) 911 PROVISIONS
A. Pursuant to s. 365.177, F.S., the Department developed a plan to upgrade all 911
PSAP(s) within the state to allow the transfer of an emergency call from one local,
multijurisdictional, or regional 911 system to another local, multijurisdictional, or
regional 911 system in the state. Such transfer should include voice, text message,
image, video, caller identification information, location information, and additional
standards-based 911 call information. The plan prioritized the upgrade of PSAP(s)
based on the population served by each PSAP, the capability of a jurisdiction or
region to modernize PSAP(s) beyond legacy 911 infrastructure, and the ability of
a jurisdiction or region to address interoperability between PSAP(s). The plan
DMS -P1-25-07-17 Page 14 of 18 220
identified and addressed the projected costs of implementing these transfer
capabilities.
B. The Legislature has appropriated $12,000,000 to the Department for the
implementation of the services outlined in the plan.
(25) MANDATED CONDITIONS
A. The validity of this Agreement is subject to the truth and accuracy of all the
information, representations, and materials submitted or provided by the Recipient
in this Agreement, in any later submission or response to a Department request,
or in any submission or response to fulfill the requirements of this Agreement. The
inaccuracy of the submissions or any material changes shall, at the option of the
Department and with a thirty (30) day written notice to the Recipient, cause the
termination of this Agreement and the release of the Department from all its
obligations to the Recipient.
B. This Agreement shall be construed under the laws of the State of Florida, and the
venue for any actions arising out of this Agreement shall be in the Circuit Court of
Leon County. If any provision of this Agreement is in conflict with any applicable
statute or rule or is unenforceable, then the provision shall be null and void to the
extent of the conflict and shall be severable but shall not invalidate any other
provision of this Agreement.
C. The Recipient is hereby informed of the provisions of sections 287.133(2)(a),
287.134(2)(a), and 287.137(2)(a), F.S., that identify the impacts to the Recipient's
ability or its affiliates' ability to respond to the competitive solicitations of a public
entity; to be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with a public entity; to transact business with a public
entity if it, or its affiliates, are placed on the Convicted Vendor, Discriminatory
Vendor, or Antitrust Violator Vendor Lists of the Department of Management
Services. The Recipient shall promptly notify the Department if it or its suppliers,
subcontractors, or consultants under this Agreement are placed on any such lists.
Those who have been placed on the convicted vendor list following a conviction
for a public entity crime or on the discriminatory vendor list may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to a public
entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with a public entity, and may not
transact business with any public entity in excess of $35,000.00 for a period of
thirty-six (36) months from the date of being placed on the Convicted Vendor List
or on the Discriminatory Vendor List.
D. The Recipient shall send to the Department (by email) the completed Attachment
G, Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion, for each intended contractor or subcontractor that which Recipient plans
to fund under this Agreement. The Attachment G form must be received by the
Department before the Recipient enters into a contract with any contractor or
subcontractor. Where a contract or purchase order has been executed prior to this
Agreement's effective date, the Recipient shall provide the Department with
documentation demonstrating it obtained the necessary certifications
contemplated in Attachment G from its contractors and subcontractors. Pursuant
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to sections 287.135(5) and 287.135(3), F.S., Recipient agrees the Department
may immediately terminate the Agreement for cause if the subcontractor is found
to have submitted a false certification as provided under section 287.135(5), F.S.,
or has 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 has been engaged in business operations in Cuba or Syria, or has been placed
on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel.
E. The Recipient and its subcontractors have an obligation to utilize the U.S.
Department of Homeland Security's (DHS) E -Verify system for all newly hired
employees in accordance with section 448.095, F.S. By executing this Agreement,
the Recipient certifies that it is registered with, and uses, the E -Verify system for
all newly hired employees in accordance with section 448.095, F.S. The Recipient
must obtain an affidavit from its subcontractors in accordance with paragraph
(5)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the
duration of the Agreement.
This section serves as notice to the Recipient regarding the requirements of
section 448.095, F.S., specifically sub -paragraph (5)(c)1., and the Department's
obligation to terminate the Contract if it has a good faith belief that the Recipient
has knowingly violated section 448.09(1), F.S. If terminated for such reason, the
Recipient will not be eligible for award of a public contract for at least one (1) year
after the date of such termination. The Department will promptly notify the
Recipient and order the immediate termination of the contract between the
Recipient and a subcontractor performing work on its behalf for this Contract
should the Department have a good faith belief that the subcontractor has
knowingly violated section 448.09(1), F.S.
F. Any state funds provided for the purchase of or improvements to real property are
contingent upon the contractor or political subdivision granting to the state a
security interest in the property at least to the amount of state funds provided for
at least 5 years from the date of purchase or the completion of the improvements
or as further required by law.
G. All expenditures of state financial assistance shall be in compliance with the laws,
rules, and regulations applicable to expenditures of State funds, including but not
limited to the Regulations listed in Attachment C, Statement of Assurances.
H. The Agreement may be charged only with allowable costs resulting from
obligations incurred pursuant to section 216.301, F.S., during the term of the
Agreement.
I. Any balances of unobligated cash that have been advanced or paid that are not
authorized to be retained for direct program costs in a subsequent period must be
refunded to the Department.
J. The Recipient shall remain obligated to return to Department any funds expended
that do not comply with the terms and conditions of this Agreement.
K. The Recipient shall remain obligated to return to Department any funds paid in
excess of the amount to which the Recipient is entitled under the terms and
conditions of this Agreement.
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L. Funds refunded to Department from the Recipient for failure to perform as required
under this Agreement may be expended only in direct support of the Indian River
County PSAP Upgrade implementation project.
M. The Recipient is hereby informed of the provisions of Chapters 273 and 274, F.S.,
which identifies recordkeeping and inventory of state-owned tangible personal
property, and such property owned by local governments. For requirements of this
section, nonexpendable property is the same as "property" as defined by sections
273.02 and 274.02(1), F.S.
All nonexpendable property purchases under this Agreement shall be listed on the
property records of the Recipient who shall be primarily responsible for the
supervision, control, and disposition of the property in accordance with applicable
law. Following the termination of this Agreement, the Recipient's use, retention,
control, and disposition of this property shall be in accordance with applicable laws
and regulations
(26) LOBBYING PROHIBITION
A. In accordance with sections 11.062 and 216.347, F.S., funds received under this
Agreement are not to be used for the purpose of lobbying or used to directly or
indirectly influence legislation or any other official action by the Florida Legislature,
the judicial branch, or any state agency.
B. The Recipient certifies, by its signature to this Agreement, that it shall comply with
this provision.
C. The Recipient shall ensure in any agreements with subcontractors where a
contractor or subcontractor receives payment under this Agreement, the terms
shall include this lobbying prohibition and shall require such subcontractors to
certify their compliance with this provision.
(27) PROMPT PAYMENT AND VENDOR OMBUDSMAN
Pursuant to section 215.422, F.S., the Department has five (5) working days to inspect
and approve goods and services, unless this Agreement specifies otherwise. If
payment is not available within forty (40) days, measured from the latter of the date a
properly completed invoice is received by the Department, or the goods or services are
received, inspected, and approved, a separate interest penalty as described by section
215.422, F.S., will be due and payable in addition to the invoice amount. A Vendor
Ombudsman has been established within the Department of Financial Services and
may be contacted at 850-413-5516.
(28) LEGAL AUTHORIZATION
The Recipient certifies that it has the legal authority to receive the funds under this
Agreement and that its governing body has authorized the execution and acceptance
of this Agreement.
(29) ASSURANCES
The Recipient shall comply with any Statement of Assurances incorporated as
Attachment C and the Warranties and Representations incorporated in Attachment F.
DMS -P1-25-07-17 Page 17 of 18 223
IN WITNESS, THEREOF, the parties hereto have caused this Agreement to be executed by
their undersigned officials, as duly authorized, and attest that they have read the above
contract and agree to the terms contained within it.
INDIAN RIVER COUNTY
STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES
By: By:
Signature -Authorized County Official
Tom Berger
Deputy Secretary, Business Operations
Title: Joseph E. Flescher, Chairman Date:
Date:
59-600-0674
Federal Identification Number
THIS SPACE INTENTIONALLY LEFT BLANK
DMS -P1-25-07-17 Page 18 of 18 224
EXHIBIT 1
AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Management Services (Department)
to the Recipient may be subject to audits and/or monitoring by the Department, as described in this
section.
MONITOPINGa
In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit
Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits
as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the Recipient
agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the Recipient is
appropriate, the Recipient agrees to comply with any additional instructions provided by Department
staff to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with
any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer
(CFO) or Auditor General.
AUDITS
Part I: Federally Funded
This part is applicable if the Recipient is a state or local government or a nonprofit organization as
defined in 2 CFR §200.90, §200.64, and §200.70.
1. A Recipient that expends $1,000,000 or more in federal awards in its fiscal year must
have a single or program -specific audit conducted in accordance with the provisions of 2
CFR 200, Subpart F - Audit Requirements. EXHIBIT A to this form lists the federal resources
awarded through the Department by this agreement. In determining the federal awards
expended in its fiscal year, the Recipient shall consider all sources of federal awards,
including federal resources received from the Department. The determination of amounts
of federal awards expended should be in accordance with the guidelines established in 2
CFR §§200.502-503. An audit of the Recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part.
2. For the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill
the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512.
3. A Recipient that expends less than $1,000,000 in federal awards in its fiscal year is not
required to have an audit conducted in accordance with the provisions of 2 CFR 200,
Subpart F - Audit Requirements. If the Recipient expends less than $1,000,000 in federal
awards in its fiscal year and elects to have an audit conducted in accordance with the
provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid
from non-federal resources (i.e., the cost of such an audit must be paid from Recipient
resources obtained from other than federal entities).
1. Part II: State Funded In the event that the Recipient expends a total amount of state
financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient
(for fiscal years ending June 30, 2017, and thereafter), the Recipient must have a state
single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.;
DMS -P1-25-07-17 Page 1 of 5 225
Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the
Auditor General. Exhibit A to this form lists the state financial assistance awarded through
the Department this agreement. In determining the state financial assistance expended in
its fiscal year, the Recipient shall consider all sources of state financial assistance, including
state financial assistance received from the Department, other state agencies, and other
nonstate entities. State financial assistance does not include federal direct or pass-through
awards and resources received by a nonstate entity for federal program matching
requirements.
2. For the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure
that the audit complies with the requirements of section 215.97(8), F.S. This includes
submission of a financial reporting package as defined by section 215.97(2), F.S., and
Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the Recipient expends less than $750,000 in state financial assistance in its fiscal
year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in
accordance with the provisions of section 215.97, F.S., is not required. If the Recipient
expends less than $750,000 in state financial assistance in its fiscal year and elects to have
an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the
audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must
be paid from the Recipient's resources obtained from other than state entities).
Part III: Other Audit Requirements
N/A
Part IV: Report Submission
1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,
Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when
required by 2 CFR §200.512, by or on behalf of the Recipient directly to the Federal Audit
Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512.
2. The FAC's website provides a data entry system and required forms for submitting the
single audit reporting package. Updates to the location of the FAC and data entry system
may be found at the OMB website.
3. Copies of financial reporting packages required by Part II of this form shall be submitted
by or on behalf of the Recipient directly to each of the following:
a. The Department at each of the following addresses:
Electronic copies (preferred): ECBSubmissions@dms.fl.gov
or
Paper copies:
Bureau of Public Safety
DMS -P1-25-07-17 Page 2 of 5 226
Department of Management Services
4030 Esplanade Way
Suite 135
Tallahassee, Florida 32399
b. The Auditor General's Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399-1450
The Auditor General's website (https://flauditor._qov/) provides instructions for filing
an electronic copy of a financial reporting package.
4. Any reports, management letters, or other information required to be submitted to
the Department pursuant to this agreement shall be submitted timely in accordance with 2
CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities)
and10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as
applicable.
5. Recipients, when submitting financial reporting packages to the Department for
audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters
10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),
Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the Recipient in correspondence accompanying the reporting package.
Part V: Record Retention
The Recipient shall retain sufficient records demonstrating its compliance with the terms of the
award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and
shall allow the Department, or its designee, the CFO, or Auditor General access to such records upon
request. The Recipient shall ensure that audit working papers are made available to the Department,
or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date
the audit report is issued, unless extended in writing by the Department.
DMS -P1-25-07-17
Page 3 of 5
227
Ex ierr 1 A
Federal Resources Awarded to the Recipient
Pursuant to this Agreement Consist of the Following:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Compliance Requirements Applicable to the Federal Resources
Awarded Pursuant to this Agreement are as Follows:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the
Following:
Matching Resources for Federal Programs:
1. Federal Program A:
N/A
2. Federal Program B:
N/A
Subject to Section 215.97, F.S.:
1. State Project A: Public Safety Answering Point Upgrades
State Awarding Agency: Florida Department of Management Services
Catalog of State Financial Assistance Title and Number: 72.021
Amount: $208,418.54
2. State Project B:
N/A
DMS -P1-25-07-17 Page 4 of 5 228
Compliance Requirements Applicable to State Resources Awarded
Pursuant to this Agreement Are as Follows:
The compliance requirements are as stated in Agreement No. DMS -P1-25-07-17 between the
Recipient and the Department, entered in State Fiscal Year 2025-26.
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DMS -P1-25-07-17 Page 5 of 5 229
Attachment A
SCOPE OF WORK AND BUDGET
BACKGROUND:
In State Fiscal Year 2024-2025, pursuant to appropriation line item #2971 of Chapter 2024-231,
Laws of Florida, the Department of Management Services (Department) was appropriated a $12
million non-recurring funding allocation to modernize emergency call centers across the state.
For State fiscal year 2025-2026, the Department has been appropriated funds from the Emergency
Communications Trust Fund, pursuant to Section 215. of SB 2500 (2025), using unexpended funds
provided to the Department from specific appropriation line item #2971 of Chapter 2024-231, Laws
of Florida, to fund Public Safety Answering Point (PSAP) Upgrades.
The funds will allow for PSAP upgrades to facilitate the transfer of an emergency call from one 911
system to another in the state in accordance with section 365.177, F.S.
2. TERM:
Funding will be available on July 1, 2025 and will expire on June 30, 2026. In accordance with
Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this
Agreement only for allowable costs resulting from obligations incurred during the period of this
Agreement.
3. PURPOSE:
The Department wishes to disburse the appropriated funds to Indian River County for the purpose
of implementing equipment and services for PSAP upgrades, in accordance with Section 215. of
SB 2500 (2025).
4. GENERAL DESCRIPTION OF THE SCOPE OF WORK:
This Agreement covers the procurement and installation of equipment, firewall, Emergency
Services Internet Protocol Network (ESlnet), next generation core services, call handling systems,
and associated non-recurring service costs necessary to upgrade PSAPs to Next Generation 9-1-
1 (NG911) capabilities. Additionally, it includes the implementation of Geographic Information
Systems (GIS) services and repositories necessary to support geospatial call routing. All PSAP
improvements within this scope of work must be consistent with the National Emergency Number
Association's (NENA) NENA i3 Standard for NG911.
5. DELIVERABLES
5.1 RECIPIENT DELIVERABLES: Recipient will perform the following deliverables in the time
and manner specified:
5.1.1 Deliverable 1. Procurement: If not already executed, the Recipient shall execute a
contract or purchase order with a vendor responsible for producing equipment and
services to upgrade the PSAP(s) for Indian River County, no later than July 30, 2025,
unless given written permission by the Department in advance.
5.1.1.1 Provide the Department with an unredacted copy of the final procurement
documents and any related addendums. Procurement of commodities and
services shall be done in compliance with all local and State of Florida
procurement rules and laws and shall clearly set forth all vendor
requirements. Commodities and services not procured in accordance with
this requirement shall not be eligible for reimbursement.
5.1.1.2 Provide the Department with an unredacted copy of contract(s) or purchase
order(s) with the Recipient's vendor(s) for the purpose of upgrading the
Indian River County PSAP(s). The Recipient is responsible for ensuring
Page 1 of 4
230
that its contract, purchase order, or subcontract with the awarded vendor
for work under this Agreement complies with the terms in Section 20,
Termination, of the Agreement. The Recipient is also responsible for
ensuring the contract or purchase order require the awarded contractor
and/or subcontractor comply with the terms of this Agreement and all
applicable local and State of Florida laws and regulations governing
procurement and receipt of state financial assistance, including, but not
limited to, obtaining all legally required affidavits and certifications from its
vendors. The Recipient shall ensure awarded vendor(s) systems are
interoperable with bordering counties, regions, and adjacent state lines,
and, if applicable, consistent with the NENA i3 Standard for NG911. The
Recipient shall execute an amendment to any contracts and/or purchase
orders where necessary to comply with this provision.
5.1.1.3 Submit to the Department's Grant Manager a signed Attachment G,
Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion, for any contractor or subcontractor performing work and receiving
funding under this Agreement. The form must be received by the Department
prior to executing a contract or purchase order or subcontract for work under
this Agreement. Where a contract or purchase order has been executed prior
to this Agreement's effective date, the Recipient shall provide the
Department with documentation demonstrating it obtained the necessary
certifications contemplated in Attachment G from its contractors and
subcontractors.
5.1.2 Deliverable 2. Improvement: No later than September 5, 2025, unless given written
permission by the Department in advance, the Recipient shall conduct, or cause to
be conducted, PSAP upgrades procured in accordance with Recipient Deliverable
1. All purchases and installations shall be performed by the awarded vendor(s) in
accordance with the contract terms for the Indian River County PSAP Upgrade
project executed by the Recipient and its awarded vendor(s).
5.1.2.1 Document requests for reimbursement using appropriate reimbursement
attachment form. Ensure all requests for reimbursement for Recipient
Deliverable 2 contain detail sufficient for audit thereof and shall be
accompanied by all supporting documentation required for reimbursement
including, but not limited to, receipt of deliverable or service, copies of
purchase orders and paid vouchers, invoices, copies of check processing,
journal transfers.
5.1.3 Deliverable 3. Inspection: No later than August 15, 2026, the Recipient shall
conduct or cause to be conducted an inspection of the Indian River County PSAP
Upgrade performed to verify that the contract deliverables are met or exceeded in
accordance with the contract. If the contract has not been fully completed by the end
of this agreement, only those deliverables completed will be inspected.
5.1.3.1 Document the inspection and indicate whether the performance has met or
exceeded the PSAP upgrade project component(s) contract deliverables,
including any executed acceptance letters demonstrating completion of
deliverables, and submit to the Department no later than August 31, 2026.
5.1.4 Deliverable 4. Reporting: The Recipient shall report quarterly on the status of the
Indian River County PSAP Upgrade project work procured in accordance with
Recipient Deliverable 1. These reports shall include the current status and progress
of the PSAP Upgrade project contract deliverables, and the expenditure of funds
Page 2 of 4
231
under this Agreement. The quarterly reports and Final Administrative Closeout
Report will be submitted in accordance with Section 15 of the Agreement.
5.1.4.1 Timely submit Attachment E, Quarterly Report within 30 days of the end of
each quarter, and Attachment H, Administrative Close -Out Report, to the
Department's Grant Manager. Attachment H is due no later than sixty (60)
days after the termination of this Agreement or sixty (60) days after
completion of the activities contained in this Agreement, whichever occurs
first.
6. PERFORMANCE MEASURES: Deliverables must be met at the following minimum level of
performance:
6.1 Procurement. Execute a contract or purchase order with a Contractor responsible for
procuring commodities and services to provide Indian River County with the PSAP Upgrade
project as specified. Execute any necessary amendments to a contract or purchase order
to ensure compliance with the terms of this Agreement.
6.2 Improvement. Conduct, or cause to be conducted, purchase and installation of i3 -compliant
equipment and services for PSAP upgrades.
6.3 Inspection. Conduct or cause to be conducted an inspection of the Indian River County
PSAP Upgrade project, as specified.
6.4 Reporting. Prepare and submit the Quarterly Report and Administrative Close -Out Report
as specified.
7. FINANCIAL CONSEQUENCES
7.1 If the Recipient fails to comply with any term of this Agreement, then the Department shall
take one or more of the following actions, as appropriate in the circumstances:
7.1.1 Temporarily withhold cash payments pending correction of the deficiency by the
Recipient;
7.1.2 Disallow all or part of the cost of the activity or action not in compliance with this
Agreement;
7.1.3 Wholly or partly suspend or terminate the current award for the Recipient; or,
7.1.4 Take other remedies that may be legally available.
7.2 Additionally, the Department will provide no reimbursement or payment for any
improvement that does not meet or exceed the standards established in the Indian River
County PSAP Upgrade project contract.
8. DEPARTMENT TASKS
8.1 The Department will review documents to ensure compliance with the terms of this
Agreement in furtherance of monitoring the legislatively appropriated funds. Review of
project documentation shall not be construed as an approval of the Recipient's project
contract terms and conditions.
8.2 The Department will not be responsible or liable for Recipient obtaining 6 -compliant
equipment or services, or performance of any terms in Recipient's Contract with a vendor.
9. METHOD OF PAYMENT:
9.1 The method of payment is cost reimbursement unless otherwise specified as an eligible
Rural Community or Rural Area of Opportunity Payment.
9.2 The Recipient will not receive payment in advance for goods or services described in this
scope of work.
9.3 The Recipient is responsible for the performance of all tasks and deliverables contained in
this scope of work.
Page 3 of 4
232
10. LINE -ITEM BUDGET
Amount Requested from the State in this $ 208,418.54
Appropriations Project Request.
Total $ 208,418.54
THIS SPACE INTENTIONALLY LEFT BLANK
Page 4 of 4
233
Attachment B
Program Statutes and Regulations
This is a non -exhaustive list of statutes and regulations. The Recipient shall be aware of and
comply with all State and Federal laws, rules, policies, and regulations relating to its performance
under this Agreement.
Section 215.422, Florida Statutes
Payments, warrants, and invoices; processing time
limits; dispute limitation; agency or judicial branch
compliance
Section 215.97, Florida Statutes
Florida Single Audit Act
Section 215.971, Florida Statutes
Agreements funded with federal and State assistance
Section 216.181(16), Florida Statutes
Approved budgets for operations and fixed capital
outlay.
Section 216.301, Florida Statutes
Appropriations; undisbursed balances.
Section 216.347, Florida Statutes
Disbursement of grant and aids appropriations for
lobbying prohibited
Section 216.3475 Florida Statutes
Maximum rate of payment for services funded under
General Appropriations Act or awarded on a non-
competitive basis
Section 287.056, Florida Statutes
Purchases from purchasing agreement and state term
contract
Section 287.057, Florida Statutes
Procurement of commodities or contractual services
Section 288.005, Florida Statutes
Return on investment is synonymous with Economic
benefits, which means the direct, indirect, and induced
gains instate revenues as a percentage of the State's
investment.
Section 365.177, Florida Statutes
Transfer of 911 calls between systems
Chapter 273, Florida Statutes
State -Owned Tangible Personal Property
Chapter 691-72 Florida Administrative
State -Owned Tangible Personal Property
Code
Chapter 274, Florida Statutes
Tangible Personal Property Owned by Local
Governments
Chapter 691-73, Florida Administrative
Tangible Personal Property Owned by Local
Code
Governments
CFO MEMORANDUM NO. 20
Compliance Requirements for Agreements
CFO MEMORANDUM NO. 01
Contract and Grant Reviews and Related Payment
Processing Requirements
Chapter 691-5, Florida Administrative Code
STATE FINANCIAL ASSISTANCE
https:Happs.fldfs.com/fsaa/compliance.aspx
Reference Guide for State Expenditures
Reference Guide for State Expenditures
http://www.myfloridacfo.com/aadir/reference guide/
DMS -P1-25-07-17 Page 1 of 1 234
Attachment C
STATEMENT OF ASSURANCES
To the extent the following provisions apply to this Agreement, the Recipient certifies that:
a) In receipt of the State funds, Recipient agrees to abide by all applicable local, State of Florida,
and federal regulations and laws.
b) No member, officer, or employee of the Recipient or its designees or agents, no member of
the governing body of the locality in which this program is situated, and no other public official
of the locality or localities who exercises any functions or responsibilities with respect to the
program during their tenure or for one year after, shall have any interest, direct or indirect, in
any contract or subcontract, or the proceeds, for work be performed in connection with the
program assisted under this Agreement. The Recipient shall incorporate in all contracts or
subcontracts a provision prohibiting any interest pursuant to the purpose stated above.
c) Recipient will establish safeguards to prohibit employees from using positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain for themselves
or others, particularly those with whom they have family, business, or other ties pursuant to
section 112.313 and section 112.3135, F.S.
d) Recipient will notify the Department promptly of any unusual existing condition which hampers
the Contractor's work.
e) Recipient or its contracted and/or subcontracted vendor will obtain all required permits.
THIS SPACE INTENTIONALLY LEFT BLANK
DMS -P1-25-07-17 Page 1 of 1 235
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Attachment D (Continued)
Request for Reimbursement of Funds
ITEMIZED LIST FOR REIMBURSEMENT REQUESTS
RECIPIENT: INDIAN RIVER COUNTY AGREEMENT #: DMS -P1-24-07-17
Recipient's
Reference No.
(Warrant, Voucher,
Claim check, or
Schedule No.)
Date of delivery of
articles, completion
of work, or
performance
services.
DOCUMENTATION
List documentation (Recipient's purchase order, signed inventory
receipt, and name of the vendor or contractor/subcontractor) by
category and line item in the approved project application and
give a brief description of the articles or services.
Total Eligible
Costs
TOTAL
DMS -P1-25-07-17 Page 2 of 2 237
Attachment E
Quarterly Report
(1st Qtr. Jul 1 -Sep 30, 2nd Qtr. Oct 1 -Dec 31, 3rd Qtr. January 1- March 31, 41 Qtr. April I- June 30)
County:
Report Number:
Report Date:
Indian River
Project Status Update (include milestones completed, percentage completed, and schedule with
estimated dates for completion. Include the program outcomes achieved, including any positive return on
investments gained by this program):
Problems/Delays (Describe issues or circumstances affecting completion date, milestones, the scope of
work, and/or cost):
COSI Status: ❑ Cost Unchanged
Notes:
Signature of Authorized Official
❑ Under Budget ❑ Over Budget
Date
DMS -P1-25-07-17 Page 1 of 1 238
Attachment F
Warranties and Representations
Financial Management
Recipient's financial management system must include the following:
(1) Accurate, current, and complete disclosure of the financial results of this project or program
(2) Records that identify the source and use of funds for all activities. These records shall contain
information pertaining to grant awards, authorizations, obligations, unobligated balances, assets,
outlays, income, and interest.
(3) Effective control over and accountability for all funds, property, and other assets. The Recipient shall
safeguard all assets and assure that they are used solely for authorized purposes.
(4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever
appropriate, financial information should be related to performance and unit cost data.
(5) Written procedures to determine whether costs are allowed and reasonable under the provisions of
this Agreement.
(6) Cost accounting records that are supported by backup documentation.
Competition
Any procurement shall be done in compliance with all local and State procurement rules and laws and
done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest
as well as non-competitive practices among contractors that may restrict or eliminate competition or
otherwise restrain trade. In order to ensure excellent contractor performance and eliminate an unfair
competitive advantage, contractors that develop or draft specifications, requirements, statements of
work, invitations for bids, and/or requests for proposals shall be excluded from competing for such
procurements.
Codes of Conduct
The Recipient shall maintain written standards of conduct governing the performance of its employees
engaged in the award and administration of contracts. No employee, officer, or agent shall participate in
the selection, award, or administration of a contract supported by public grant funds if a real or apparent
conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent,
any member of his or her immediate family, his or her partner, or an organization which employs or is
about to employ any of the parties indicated, has a financial or other interest in the firm selected for an
award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities,
favors, or anything of monetary value from contractors or parties to subcontracts. The standards of
conduct shall provide for disciplinary actions to be applied for violations of the standards by officers,
employees, or agents of the Recipient.
Licensing and Permitting
All subcontractors or employees hired by the Recipient shall have all current licenses and permits
required for all of the particular work for which they are hired by the Recipient.
DMS -P1-25-07-17 Page 1 of 1 239
ATTACHMENT G
Certification Regarding Debarment, Suspension,
Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective Contractor or subcontractor of Indian River County
certifies, by submission of this document, that neither it nor its principals
are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation by the State of
Florida.
(2) In accordance with the requirements of section 287.135(5), F.S., the
vendor certifies that it is not participating in a boycott of Israel and is not
on the State Board of Administration's "Quarterly List of Scrutinized
Companies that Boycott Israel," available at
https://www.sbafla.com/governance/global-governance-mandates/. At
the Department's option, the Contract may be terminated if the
Contractor is placed on the Quarterly List of Scrutinized Companies that
Boycott Israel (referred to in statute as the "Scrutinized Companies that
Boycott Israel List") or becomes engaged in a boycott of Israel.
(3) If the goods or services to be provided are $1 million or more, in
accordance with the requirements of section 287.135, F.S., the vendor
certifies it is not on the Scrutinized Companies with Activities in Sudan
List or the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List (collectively, "Scrutinized List of Prohibited Companies");
does not have business operations in Cuba or Syria; and is not on the
State Board of Administration's "Scrutinized List of Prohibited
Companies" available under the quarterly reports section at
hftps://www.sbafla.com/reporting
(4) The Vendor certifies it has completed and provided an affidavit signed
by an officer or a representative of the Vendor under penalty of perjury
attesting that the Vendor does not use coercion for labor or services as
defined in section 787.06, F.S.
CONTRACTOR:
Company Name
Name and Title
Indian River County
Recipient's Name
DMS -P1-25-07-17
Department's Contract Number
DMS -P1-25-07-17 Page 1 of 1 240
Street Address
City, State, Zip
Signature
Date
THIS SPACE INTENTIONALLY LEFT BLANK
DMS -P1-25-07-17 Page 2 of 2 241
Attachment H
Final Administrative Closeout Report
(Due within sixty (60) days of completion of the activities contained in the Agreement or sixty (60) days after
termination of the Agreement.)
County:
Report Number:
Report Date:
Indian River
Project Status Update (include milestones completed, percentage completed, and schedule with
estimated dates for completion. Include the program outcomes achieved and if the product/service
meets/exceeds/does not meet the requirements/standards/service performance):
Problems/Delays (Describe issues or circumstances that affected completion date, milestones, the scope
of work, and/or any open issues):
Lessons Learned (State the lessons learned in terms of a problem or issue. Describe the problem, and
identify recommended improvements to correct a similar problem in the future):
DMS -P1-25-07-17 Page 1 of 1 242
COSI Status: ❑ Cost Unchanged ❑ Under Budget ❑ Over Budget
Notes:
Signature of Authorized Official
Date
DMS -P1-25-07-17 Page 2 of 2 243
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Attachment I (Continued)
Request for Payment to Rural Community or Rural Area of
Opportunity
ITEMIZED LIST FOR PAYMENT REQUESTS
RECIPIENT: INDIAN RIVER COUNTY AGREEMENT #: DMS -P1-25-07-17
Recipient's
Reference No.
(Warrant, Voucher,
Claim check, or
Schedule No.)
Date of delivery of
articles, completion
of work, or
performance
services.
DOCUMENTATION
List documentation (Recipient's purchase order, signed inventory
receipt, and name of the vendor or contractor/subcontractor) by
category and line item in the approved project application and
give a brief description of the articles or services.
Total Eligible
Costs
TOTAL
DMS -P1-25-07-17 Page 2 of 2 245
Indian River County, Florida
* * MEMORANDUM
�IpA
File ID: 25-0718 Type: Consent Staff Report
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
David Johnson, Director of Emergency Services
FROM: Ryan Lloyd, Deputy Director of Emergency Services
Department of Emergency Services
DATE: July 1, 2025
Indian River oun
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Approval of Resolution Adopting the Updated 2025 Indian River County Unified Local
Mitigation Strategy (LMS)
BACKGROUND
On July 7, 2015, Indian River County's Updated Unified Local Mitigation Strategy was adopted by Resolution
No. 2015-078. The Federal Emergency Management Agency regulations require that all hazard mitigation
plans be reviewed and updated as appropriate and resubmitted to FDEM for approval every five (5) years.
ANALYSIS
In order to continue to be eligible for the following mitigation grant programs administered by FEMA: Hazard
Mitigation Grant Program (HMGP), Pre -Disaster Mitigation Competitive (PDM -C), Flood Mitigation
Assistance (FMA), Repetitive Flood Claims Program (RFC) and Severe Repetitive Loss Pilot Program (SRL),
local governments must have an FDEM/FEMA approved hazard mitigation plan in order to apply. for and/or
receive project grants.
FDEM staff has reviewed and approved our updated plan and has determined that the Indian River County
hazard mitigation plan is compliant with federal standards, subject to formal community adoption. Formal
adoption of this plan by each municipality must also occur within one calendar year of receipt of FDEM's
"Approval Pending Adoption." Upon submittal of a copy of all participating jurisdictions' documentation of
their adoption resolutions, FDEM will send all necessary documentation to the Federal Emergency
Management Agency (FEMA) who will issue formal approval of the Indian River County Local Mitigation
Strategy.
BUDGETARYIMPACT
No funding was required to update Indian River County's Unified Local Mitigation Strategy.
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by legistarTM 246
PREVIOUS BOARD ACTIONS
On March 3, 2020, Indian River County's updated Unified Local Mitigation Strategy (LMS) was adopted by
the Board of County Commissioners via Resolution No. 2020--020.
POTENTIAL FUTURE BOARD ACTIONS
The next updated Unified Local Mitigation Strategy will be presented to the board for approval in 2030.
STRATEGIC PLAN ALIGNMENT
Public Safety
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends approval of the attached Resolution and the updated 2025 Indian River County Unified
Local Mitigation Strategy (LMS). Staff also requests authority to forward the revised LMS plan to each
municipality for their formal approval.
**Due to its size, the 2025 Plan is on file at the Department of Emergency Services and the Board of County
Commissioners Office.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
powered by t_egistarn 247
RESOLUTION NO. 2025 -
A Resolution of
the Board of County Commissioners
of Indian River County, Florida,
Approving the 2025
Revised Indian River County
Unified Local Mitigation Strategy
WHEREAS, on March 3, 2020, Indian River County's updated Unified Local Mitigation
Strategy (LMS) was adopted by the Board of County Commissioners via Resolution No. 2020-
020; and
WHEREAS, the Federal Emergency Management Agency (FEMA) requires that all
Hazard Mitigation plans must be reviewed and updated as appropriate, and resubmitted to Florida
Division of Emergency Management (FDEM) for approval every five (5) years; and
WHEREAS, staff has reviewed and approved Indian River County's hazard mitigation plan
and determined that it is compliant with federal standards and is now ready for approval by the
Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, that:
The updated Unified Local Mitigation Strategy (a copy of which is located in the Clerk to
the Board's Office) is hereby adopted as the official document for inclusion in the Statewide
Hazard Mitigation Strategy.
2. The 2025 Revised Indian River County Unified Local Mitigation Strategy Plan will be
forwarded to each municipality for their formal approval.
The Resolution was moved for adoption by Commissioner . The
motion was seconded by Commissioner and, upon being put to a vote, the
vote was as follows:
Chairman
Vice -Chairman
Commissioner
Commissioner
Commissioner
Joseph E. Flescher
Deryl Loar
Susan Adams
Joseph Earman
Laura Moss
The Chair thereupon declared the Resolution duly passed and adopted this 15 day of
July, 2025.
BOARD OF COUNTY COMMISSIONERS
Attest: Ryan Butler, Clerk and INDIAN RIVER COUNTY, FLORIDA
Comptroller
la
Deputy Clerk
Approved:
By:
John A. Titkanich, Jr.
County Administrator
0
Joseph E. Flescher, Chairman
Approved as to form and legal sufficiency:
0
Jennifer W. Shuler
County Attorney
248
0
STATE OF FLORIDA
DIVISION OF EMERGENCY MANAGEMENT
Ron DeSantis Kevin Guthrie
Governor Executive Director
June 27, 2025
David Johnson, Director
Indian River County Emergency Management
4225 43rd Avenue
Vero Beach, FL 32967
Re: Indian River County Local Hazard Mitigation Plan Approved Pending Adoption
Dear Director Johnson,
This is to confirm that we have completed a State review of the Indian River County Local
Mitigation Strategy (LMS) update for compliance with the federal hazard mitigation planning
standards contained in 44 CFR 201.6(b) -(d). Based on our review and comments, Indian
River County developed and submitted all the necessary plan revisions and our staff has
reviewed and approved these revisions. We have determined that the Indian River County
LMS plan is compliant with federal standards, subject to formal community adoption, for the
jurisdictions below:
Indian River County, Unincorporated
City of Fellsmere
Town of Orchid
Florida Power & Light Company
St. Johns Water Management District
City of Vero Beach
Town of Indian River Shores
City of Sebastian
Indian River County School District
Upon submittal of a copy of all participating jurisdictions' documentation of their adoption
resolutions to our office, we will send all necessary documentation to the Federal Emergency
Management Agency (FEMA) who will issue formal approval of the Indian River County LMS.
If you have any questions regarding this matter, please contact your LMS Liaison Evan
Jenkins at Evan.Jenkins(a)-a)or 850-443-4280.
Respectfully,
y Digitally signed by Kristin
Kristin Lents Lentz
/ Date: 2025.07.07
10:45:24 -04'00'
Laura Dhuwe,
Bureau Chief, Mitigation
State Hazard Mitigation Officer
L D/ej
DIVISION HEADQUARTERS Telephone: 850-815-4000 STATE LOGISTICS RESPONSE CENTER
2555 Shumard Oak Boulevard www.FloridaDisaster.ora 2702 Directors Row
Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 249
Attachments: MEMORADUM: State approval of LMS plans under Program Administration by
States (PAS)
cc: FEMA Region IV, Mitigation Division — Risk Analysis Branch
250
Indian River 2��
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
MEMORANDUM
File ID: 25-0745 Type: Consent Staff Report Meeting Date: 7/15/2025
TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Michael C. Zito, Deputy County Administrator
Beth Powell, Parks, Recreation, & Conservation Director
FROM: Wendy Swindell, Parks, Recreation & Conservation Assistant Director
DATE: July 3, 2025
SUBJECT: Work Order Number 2, Amendment No. 4 - New Restroom Facility
at Fran Adams Park
BACKGROUND
On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Service
Agreements for RFQ 2018008 between Indian River County and Masteller and Moler, Inc. and on May 18,
2021, Renewal and Amendment No.I was executed for continuing engineering services.
On August 18, 2020, the Board Approved Work Order Number 2 for Masteller and Moler, Inc., in the amount
of $47,610 for design and engineering services for a new restroom facility at Fran Adams Park. On January 31,
2023, the Board approved Amendment No. 1 to Work Order 2 in the amount of $12,065 for revised engineering
design services and preparation of construction plans, revised electrical engineering services, permit re-
acquisition and preparation of permit application responses. On September 26, 2023, the Board approved
Amendment No. 2 to Work Order Number 2 in the amount of $2,810 for Revised Electrical Engineering
services and additional permit application responses. On April 23, 2024, the Board approved Amendment No. 3
to Work Order Number 2 for construction administration services in the amount of $3,130; the fee in the
original Work Order of $4,510.00 was based on a prefabricated building and no parking upgrades. When the
project scope was modified to include architectural design and an ADA access pathway, there was a need for
additional construction administration services to complete the project.
ANALYSIS
In 2021, the previous Parks and Recreation Director authorized payment of reimbursable expenses, including
project permit fees, by the contractor. These fees totaled $2,845. Amendment No. 4 will increase the project
budget by $3,500 and will address the 2021 reimbursable fees, as well as allow for minor reimbursable costs
that may arise prior to the completion of the project this year.
BUDGETARY IMPACT
Funding, in the amount of $3,500, will come from the Impact Fees/Parks/Improvements/North Co. Soccer Field
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by Legistarn, 251
Improvements account, number 10321072-066390-16005.
PREVIOUS BOARD ACTIONS
1. 20-1853 - August 18, 2020, the Board Approved Work Order Number 2 for Masteller and Moler,
Inc., in the amount of $47,610 for design and engineering services for a new restroom facility at Fran
Adams Park.
2. 23-0023 - January 31, 2023, the Board approved Amendment No. 1 to Work Order 2 in the
amount of $12,065 for revised engineering design services and preparation of construction plans,
revised electrical engineering services, permit re -acquisition and preparation of permit application
responses.
3. 23-0836 - September 26, 2023, the Board approved Amendment No. 2 to Work Order Number 2
in the amount of $2,810 for Revised Electrical Engineering services and additional permit application
responses.
4. 24-0367 - April 23, 2024, the Board approved Amendment No. 3 to Work Order Number 2 for
construction administration services in the amount of $3,130.
POTENTIAL FUTURE BOARD ACTIONS
None
STRATEGIC PLAN ALIGNMENT
Quality of Life
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff respectfully request the approval of Work Order Number 2, Amendment No.4, in the amount of $3,500,
for reimbursable expenses associated with the new restroom at Fran Adams Regional Park.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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AMENDMENT 4 TO WORK ORDER 2
New Restroom Facility at Fran B. Adams (North County) Regional Park
This Amendment 4 to Work Order Number 2 is entered into as of this day of
2025, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended
as of May 18, 2021 (collectively referred to as the "Agreement") by and between INDIAN RIVER COUNTY, a
political subdivision of the State of Florida ("COUNTY") and Masteller & Moler, Inc. ("Consultant").
1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work
Order Number 2, Effective, August 18, 2020.
2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of
Work), attached to this Amendment and made part hereof by this reference. The professional services will
be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the
timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and
provisions set forth in the Agreement.
3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as
set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work
Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to
be incorporated in each individual Work Order as if fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment 4 to Work Order? as of the
date first written above.
CONSULTANT: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Print Name: Sean C. Green, PE
Title: Executive Vice President
Joseph E. Flescher, Chairman
BCC Approved Date:
Attest: Ryan L. Butler, Clerk of Court and Comptroller
By:
Deputy Clerk
Approved:
Approved as to form and legal sufficiency:
John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler County Attorney
253
M J MASTELLER & MOLER, INC.
M1 — CIVIL ENGINEERS —
EXHIBIT A
1655 27" St
Ste. 2, Vero Beach, FL 32960
(772) 567-5300
The Indian River County Parks, Recreation and Conservation Department plans to install a restroom
building adjacent to the existing playground area located just north of the softball diamonds at the Fran
B. Adams North County Regional Park (WW Ranch Rd & C.R. 512). Under Work Order 2, Masteller &
Moler, Inc. (MM) performed engineering design and preparation of construction plans, site planning and
project permitting, and is authorized to perform bidding services and construction administration &
observation services. Work Order 2 included provisions for a pre -fabricated restroom building to be
installed. Amendment 1 to Work Order 2 authorized revising plans and permitting reacquisition for a
concrete masonry unit (CMU) block building designed by one of the County's Architectural / MEP
consultants in lieu of the pre -fabricated building. Amendment 2 to Work Order 2 authorized revising
plans and permitting reacquisition for a revised CMU block building. Amendment 3 to Work Order 2
authorized additional construction administration and observation services for the CMU block building
proposed.
Amendment Number 4 to Work Order 2 proposes to have the Consultant provide the reimbursable
expenses for the applications that were submitted and obtained under Task K — Permit Reacquisition.
Scope of Work:
Task O — Permit Reacquisition Application Fees: We shall provide the reimbursable expenses including
the permit application fees at the time of permit reacquisition.
Fee Schedule:
Task I — Permit Reacquisition Application Fees Not To Exceed
Time Schedule:
1. Schedule— No Change to Work Order 2
2. Deliverables— No Change to Work Order 2
$ 3,500.00
Page 1 of 1
254
Indian River County, Florida
MEMORANDUM
File ID: 25-0708 Type: Consent Staff Report
TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Indian River 2r�y
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
THROUGH: Anthony Warren, Director of Building & Facility Services
FROM: Robert S. Skok, Capital Project Manager
DATE: June 27, 2025
SUBJECT: Award of Bid No. 2025049
Fire Station #2 Dock Improvements
BACKGROUND
On October 19, 2022, MBV Engineering, Inc. was hired under Work Order 26 to conduct preliminary
coordination with the jurisdictional agencies to determine the scope and permits each respective agency will
require to improve the existing dock and provide a covered roof over the slip that will house the IRC Fire
Rescue boat.
On March 5, 2024, MBV Engineering was hired under Work Order 2 to perform the professional services to
provide civil design, environmental consulting and dock permitting, construction plans, County review,
permitting, and provide assistance with bidding and construction.
ANALYSIS
A bid opening for the project was held on June 24, 2025. As summarized below, three (3) responsive bids were
received and opened during a public meeting. A detailed bid tabulation is on file and available for viewing in
the Building and Facilities Services Division. Bid totals are as follows.
COMPANY
BID AMOUNT
Indian River Docks, LLC
$211,879.75
Underwater Engineering Services, Inc.
$516,492.00
ilco Construction Inc.
$279,670.20
Indian River Docks, LLC is considered to be the lowest, responsive, responsible bidder for the project with a
bid totaling $211,879.75, which is $10,507.75 or 5.2% above the engineer's cost estimate of $201,372.00.
Indian River Docks, LLC has completed various projects for the County in a satisfactory manner.
BUDGETARYIMPACT
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by i_egistarn 255
Currently, there is $150,000.00 budgeted and available in the Optional Sales Tax/Fire Rescue/Fire Station #2
Dock account, number 31512022-066510-24015. The additional $61,879.75 will be budgeted in the FY
2025/2026 Capital Improvements Element (CIE) for a total cost of $211,879.75
PREVIOUS BOARD ACTIONS
Work Order 26 with MBV Engineering, Inc. on October 19, 2022
Work Order 2 with MBV Engineering, Inc. on March 5, 2024
POTENTIAL FUTURE BOARD ACTIONS
Close out of the project after construction.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends the project be awarded to Indian River Docks, LLC in the amount of $211,879.75. Staff
further recommends the Board approve the sample agreement and authorize the Chairman to execute said
agreement after review and approval of both the agreement and required Public Construction Bond by the
County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the
Risk Manager and after the Contractor has become actively registered with the Building Division.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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TO: Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Anthony Warren, Director of Building & Facility Services
FROM: Robert S. Skok, Capital Project Manager
DATE: June 27, 2025
SUBJECT: Award of Bid No. 2025049
Fire Station #2 Dock Improvements
BACKGROUND
On October 19, 2022, MBV Engineering, Inc. was hired under Work Order 26 to conduct
preliminary coordination with the jurisdictional agencies to determine the scope and permits each
respective agency will require to improve the existing dock and provide a covered roof over the
slip that will house the IRC Fire Rescue boat.
On March 5, 2024, MBV Engineering was hired under Work Order 2 to perform the professional
services to provide civil design, environmental consulting and dock permitting, construction
plans, County review, permitting, and provide assistance with bidding and construction.
ANALYSIS
A bid opening for the project was held on June 24, 2025. As summarized below, three (3)
responsive bids were received and opened during a public meeting. A detailed bid tabulation is
on file and available for viewing in the Building and Facilities Services Division. Bid totals are
as follows.
Indian River Docks, LLC is considered to be the lowest, responsive, responsible bidder for the
project with a bid totaling $211,879.75, which is $10,507.75 or 5.2% above the engineer's cost
estimate of $201,372.00. Indian River Docks, LLC has completed various projects for the
County in a satisfactory manner.
BUDGETARY IMPACT
Currently, there is $150,000.00 budgeted and available in the Optional Sales Tax/Fire
Rescue/Fire Station #2 Dock account, number 31512022-066510-24015. The additional
$61,879.75 will be budgeted in the FY 2025/2026 Capital Improvements Element (CIE) for a
total cost of $211,879.75
257
Page 2
Award of Bid No. 2025049
Fire Station 2 Dock Improvements
For July 15, 2025
PREVIOUS BOARD ACTIONS
Work Order 26 with MBV Engineering, Inc. on October 19, 2022
Work Order 2 with MBV Engineering, Inc. on March 5, 2024
POTENTIAL FUTURE BOARD ACTIONS
Close out of the project after construction
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends the project be awarded to Indian River Docks, LLC in the amount of
$211,879.75. Staff further recommends the Board approve the sample agreement and authorize
the Chairman to execute said agreement after review and approval of both the agreement and
required Public Construction Bond by the County Attorney as to form and legal sufficiency, and
the receipt and approval of required insurance by the Risk Manager and after the Contractor has
become actively registered with the Building Division.
258
SECTION 00520 Agreement
THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the
State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called
OWNER) and (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 -WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
Demolish and remove an existing dock, including pilings, install a new dock and boat shelter
system and build new 6 -foot wide concrete sidewalks, per plans provided.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Project Name: Fire Station #2 Dock Improvements
Bid Number: 2025049
Project Address: 3301 Bridge Plaza Drive, Vero Beach, FL 32963
ARTICLE 3 - ENGINEER
3.01 MBV Engineering, Inc. is hereinafter called the ENGINEER and will act as OWNER's
representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with the completion of the
Work in accordance with the Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment
A. The Work will be substantially completed on or before the 60th calendar day after the date
when the Contract Times commence to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraph 14.07
of the General Conditions on or before the 90th calendar day after the date when the
Contract Times commence to run.
Agreement - 00520- 1 259
4.03 Liquidated Damages
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12
of the General Conditions. Liquidated damages will commence for this portion of work. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER
$1,699 for each calendar day that expires after the time specified in paragraph 4.02 for
Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work
within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER $1,699 for each calendar day that expires after the time
specified in paragraph 4.02 for completion and readiness for final payment until the Work is
completed and ready for final payment.
ARTICLE 5 - CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents, an amount in current funds equal to the sum of the amounts
determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.6, below:
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
B. THE CONTRACT SUM subject to additions and deductions provided in the Contract:
Numerical Amount: $
Written Amount:
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article
14 of the General Conditions. Applications for Payment will be processed by
ENGINEER as provided in the General Conditions and the Contract Documents.
6.02 Progress Payments.
A. The OWNER shall make progress payments to the CONTRACTOR on the basis
of the approved partial payment request as recommended by ENGINEER in
accordance with the provisions of the Local Government Prompt Payment Act,
Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%)
of the payment amounts due to the CONTRACTOR until substantial completion of
all work to be performed by CONTRACTOR under the Contract Documents.
Agreement - 00520 - 2 260
B. For construction projects less than $10 million, at the time the OWNER is in receipt
of the Certificate of Substantial Completion, the OWNER shall have 30 calendar
days to provide a list to the CONTRACTOR of items to be completed and the
estimated cost to complete each item on the list. OWNER and CONTRACTOR
agree that the CONTRACTOR'S itemized bid shall serve as the basis for
determining the cost of each item on the list. For projects in excess of $10 million,
OWNER shall have up to 45 calendar days following receipt of Certificate of
Substantial Completion of the project to provide CONTRACTOR with said list.
C. Payment of Retainage - Within 20 business days following the creation of the list,
OWNER shall pay CONTRACTOR the remaining contract balance including all
retainage previously withheld by OWNER except for an amount equal to 150% of
the estimated cost to complete all of the items on the list. Upon completion of all
items on the list, the CONTRACTOR may submit a payment request for the amount
of the 150% retainage held by the OWNER. If a good faith dispute exists as to
whether one or more of the items have been finished, the OWNER may continue
to withhold the 150% of the total cost to complete such items. The OWNER shall
provide CONTRACTOR written reasons for disputing completion of the list.
6.03 Pay Requests.
A. Each request for a progress payment shall be submitted on the application
provided by OWNER and the application for payment shall contain the
CONTRACTOR'S certification. All progress payments will be on the basis of
progress of the work measured by the schedule of values established, or in the
case of unit price work based on the number of units completed.
6.04 Paragraphs 6.02 and 6.03
do not apply to construction services work purchased by the County as OWNER which
are paid for, in whole or in part, with federal funds and are subject to federal grantor laws
and regulations or requirements that are contrary to any provision of the Local
Government Prompt Payment Act. In such event, payment and retainage provisions shall
be governed by the applicable grant requirements and guidelines.
6.05 Acceptance of Final Payment as Release.
A. The acceptance by the CONTRACTOR of final payment shall be and shall operate
as a release to the OWNER from all claims and all liability to the CONTRACTOR
other than claims in stated amounts as may be specifically excepted by the
CONTRACTOR for all things done or furnished in connection with the work under
this Contract and for every act and neglect of the OWNER and others relating to
or arising out of the work. Any payment, however, final or otherwise, shall not
release the CONTRACTOR or its sureties from any obligations under the Contract
Documents or the Public Construction Bond.
ARTICLE 7 - INDEMNIFICATION
7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with
paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract.
Agreement - 00520 - 3 261
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other
related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the
Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating
to existing surface or subsurface structures at or contiguous to the Site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in
paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site which have been identified in the Supplementary
Conditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having
done so) all additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground Facilities)
at or contiguous to the Site which may affect cost, progress, or performance of the Work or
which relate to any aspect of the means, methods, techniques, sequences, and procedures
of construction to be employed by CONTRACTOR, including applying the specific means,
methods, techniques, sequences, and procedures of construction, if any, expressly required
by the Contract Documents to be employed by CONTRACTOR, and safety precautions and
programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the
Contract Price, within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and
data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
Agreement -00520-4 262
K. CONTRACTOR is registered with and will use the Department of un 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. CONTRACTOR is
also responsible for obtaining an affidavit from all subcontractors, as required in Section
448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract
with an unauthorized alien.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00520-1 to 00520-8, inclusive);
2. Notice to Proceed (page 00550-1);
3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive);
4. Sample Certificate of Liability Insurance (page 00620-1);
5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive);
6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive);
7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive);
8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the
Work (page 00634-1
9. General Conditions (pages 00700-1 to 00700-38, inclusive);
10. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive);
11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical
Provisions);
12. Drawings consisting of sheets numbered C1 through C5, and S1 through S4, inclusive,
with each sheet bearing the following general title: Indian River County Fire Station #2
Dock Improvements;
13. Addenda (if applicable );
14. Appendices to this Agreement (enumerated as follows):
Appendix A — Permits
15. CONTRACTOR'S BID (pages 00310-1 to 00310-5, inclusive);
16. Bid Bond (page 00430-1
17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships (page 00452-1);
Agreement - 00520 - 5 263
18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2,
inclusive);
19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive);
20. List of Subcontractors (page 00458-1);
21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies
(page 00460-1);
22. Anti -Human Trafficking Affidavit (page 00462-1);
26. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a) Written Amendments;
b) Work Change Directives;
c) Change Order(s);
ARTICLE 10 - MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound;
and, specifically but without limitation, moneys that may become due and moneys that are
due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision.
Agreement - 00520 - 6 264
10.05 Venue
A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit
brought by either party against the other party or otherwise arising out of this Contract shall
be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United
States District Court for the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The
CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the
CONTRACTOR shall:
(1) Keep and maintain public records required by the County to perform the service.
(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time 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 for the duration
of the contract term and following completion of the contract if the contractor does not transfer
the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the CONTRACTOR or keep and maintain public records required by the County
to perform the service. If the CONTRACTOR transfers all public records to the County upon
completion of the contract, the CONTRACTOR shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
CONTRACTOR keeps and maintains public records upon completion of the contract, the
CONTRACTOR shall meet all applicable requirements for retaining public records. All records
stored electronically must be provided to the County, upon request from the Custodian of
Public Records, in a format that is compatible with the information technology systems of the
County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772) 226-1424
publicrecords(&-indianriver.gov
Indian River County Office of the County Attorney
1801 27' Street
Vero Beach, FL 32960
Agreement - 00520 - 7 265
C. Failure of the Contractor to comply with these requirements shall be a material breach of
this Agreement.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the
Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their
behalf. This Agreement will be effective on day of 20 (the date the
Contract is approved by the Indian River County Board of County Commissioners).
OWNER:
INDIAN RIVER COUNTY
M
Joseph E. Flescher, Chairman
By:
John A. Titkanich, Jr., County Administrator
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
in
Chris Hicks, Assistant County Attorney
Ryan L. Butler, Clerk of Court and Comptroller
Attest:
Deputy Clerk
(SEAL)
Designated Representative:
Name, title
address
phone
email
CONTRACTOR:
COMPANY NAME
By:
Name:
Title:
(Corporate Seal)
(if CONTRACTOR is a corporation or
partnership, attach evidence of authority to
sign)
Attest:
Name:
Title:
Designated Representative:
Name:
Title:
Address:
Phone:
* * END OF SECTION * *
Agreement - 00520 - 8 266
Indian River County, Florida
IOA MEMORANDUM
File ID: 25-0535 Type: Public Hearing
TO: The Honorable Board of County Commissioners
THROUGH: John Titkanich, Jr., County Administrator
Michael C. Zito, Deputy County Administrator
Cindy Emerson, Community Services Director
FROM: Stacey Bush, Housing Services, Director
DATE: July 15, 2025
Ifs
Indian River Co ty
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Approval of Resolution Establishing the IRC HCV Program Five Year Plan,
Certifications and Administrative Plan
BACKGROUND
The Indian River County (IRC) Housing Choice Voucher (HCV) Program is federally funded by the U.S.
Department of Housing and Urban Development (HUD) and administered locally by our Public Housing
Agency (PHA). HUD requires all PHAs to maintain a Five -Year Plan and an Administrative Plan that outlines
local policies for program administration. These documents guide how the program operates to ensure
transparency and compliance with federal regulations.
The Five -Year Plan and the Administrative Plan sets forth the PHA's mission and long-term goals for serving
the needs of low-income, very low-income, and extremely low-income families.
ANALYSIS
The IRC HCV Program has completed a review and update of its Five -Year Plan (2026-2030) and
Administrative Plan in accordance with HUD requirements. The plans incorporate public input, align with
current federal regulations, and reflect local housing needs.
There is no direct fiscal impact associated with the approval of these policy documents. All administrative
functions and program activities are supported by existing HUD grant allocations and administrative fee
revenue.
PREVIOUS BOARD ACTIONS
Approval of the FY 2021-2025 Five -Year Plan and Annual Plan in May 2020.
POTENTIAL FUTURE BOARD ACTIONS
Approval of 5 -Year Plan or any amendments.
STRATEGIC PLAN ALIGNMENT
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
powered by Legistarn 267
Quality of Life
OTHER PLAN ALIGNMENT
Aligns with the County's Consolidated Plan for HUD funding;
Supports goals identified in the Local Housing Assistance Plan (LHAP) and SHIP Program priorities.
STAFF RECOMMENDATION
Staff respectfully recommends that the Board of County Commissioners approve the resolution adopting the
IRC Housing Choice Voucher Program Five -Year Plan (2026-2030) and Administrative Plan and authorize
submission to the U.S. Department of Housing and Urban Development.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
powered by legistarn 268
Status: Created
5 -Year PHA Plan U.S. Department of Housing and Urban Development OMB No. 2577-0226
(for All PHAs) Office of Public and Indian Housing Expires 03/31/2024
Purpose. The 5 -Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations,
programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHAs mission, goals, and objectives for serving the needs of low-income, very
low-income, and extremely low-income families.
Applicability. The Form HUD -50075-5Y is to be completed once every 5 PHA fiscal years by all PHAs.
A.
PHA Information.
PHA Name: INDIAN RIVER CO BD OF CO COMM PHA Code: FL132
PHA Plan for Fiscal Year Beginning: (MM(YYYY): 10/2025
The Five -Year Period of the Plan (Le., 2019-2023): 2025-2029
Plan Submission Type O 5 -Year Plan Submission ❑ Revised 5 -Year Plan Submission
Availability of Information. In addition to the items listed in this form, PHAs must have the elements listed below readily available to the public. A PHA must identify the
specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection
by the public. Additionally, the PHA must provide information on how the public may reasonably obtain additional information on the PHA policies contained in the standard
Annual Plan, but excluded from their streamlined submissions. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and
the main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official websites. PHAs are also encouraged to provide each
resident council a copy of their PHA Plans.
How the public can access this PHA Plan: Indian River County Board of Commissioners HCV Program Five -Year Plan, Annual Plan, HCV Administrative Policy and all
other elements are available for review by the public at the address listed below between the days and hours of Tuesday, Wednesday and Thursday from 8:30 am till 4:00 pm.
A.1
O PHA Consortia: Check box if submitting a Joint PHA Plan and complete table below.
Participating PHAs PHA
Program(s) in the
Program(s) not in the
No. of Units in Each Pro ram
PH HCV
Code
Consortia
Consortia
B.
Plan Elements. Required for all PHAs completing this form.
Mission. State the PHA's mission for serving the needs of low- income, very low- income, and extremely low- income families in the PHA's jurisdiction for the next five years.
Indian River County Board of County Commissioners Housing Services Division — Section 8 Program is committed to operating and partnering with private owners
B.1
and property managers in an efficient, professional and ethical manner which will create a team effort to provide decent, safe, sanitary and affordable housing for
the clients that we serve in this community and enhancing the housing stock for under privileged and low income, including senior housing; • To assist and prepare
low to moderate residents in making a transition to greater financial security. • To provide our clientele with empathy, dignity and responsive customer service. • By
providing the highest quality customer service, integrity is never compromised.
Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low- income, very low-income, and extremely low-
income families for the next five years.
1. Expand the supply of assisted housing by: • Applying for additional vouchers, including VASH, as they become available from HUD or any other state -funded
B.2
program. • Conducting outreach efforts to potential landlords. 2. Improve the quality of assisted housing by: • Focusing efforts on improving specific management
functions, such as rent reasonableness reviews and income program violations. 3. Promote self-sufficiency and asset development of our assisted households by:
Providing or attracting supportive services to improve recipients' employability and to educate recipients on homeownership programs. 4. Administer the HCV
program with excellence by: • Maintaining a 95% or better utilization rate. • Providing quality service to customers and clients through open communication,
workshops, and/or meetings to explain the housing choice voucher program and other opportunities.
Progress Report. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan.
1. Expanded and increased the supply of assisted housing: • HUD allocated an additional 13 VASH vouchers for homeless veterans in Indian River County; the IRC
HCV Program now administers a total of 59 VASH vouchers. • HUD allocated 34 ERV homeless families and individuals in Indian River County. 2. Improved the
quality of assisted housing: • Set payment standards at competitive amounts to attract quality housing from private market owners. • Inspected units every six to
B.3
twelve months as needed. • Continued to encourage portability for clients seeking improved housing opportunities in other jurisdictions. 3. Promoted self-sufficiency
and asset development for our assisted households: • Partnered with additional supportive service agencies and homeownership programs to provide participants
with opportunities to purchase their own homes and further their education. 4. Administration of the HCV Program: • Earned the HUD SEMAP High Performer
designation by utilizing 95% or more of the allocated budget authority. • Provided staff training throughout the fiscal year with Health Advocate, including courses
such as Anger Management, Stress Management, and various others designed to enhance the customer service provided by the Housing Services Division HCV
Program.
B.4
Violence Against Women Act (VAWA) Goals. Provide a statement of the PHA's goals, activities objectives, policies, or programs that will enable the PHA to serve the needs
of child and adult victims of domestic violence, dating violence, sexual assault, or stalking.
Indian River County Housing Services Division HCV Program provides referrals to Safespace depending on the need. In addition, Indian River County Housing
Services Division HCV Program provides VAWA information regarding the tenant rights at lease up and at annual recertifrcations. Flyers are posted in the office
with detailed information on how to obtain assistance if needed.
269
270
C.
Other Document and/or Certification Requirements.
Significant Amendment or Modification. Provide a statement on the criteria used for determining a significant amendment or modification to the 5 -Year Plan.
The Indian River County Housing Services Division defines "Significant Amendments" as changes to federal regulations that may be required by HUD, as well as
C.1
any changes to the Housing Services Division's HCV and VASH Program Administrative Policy that would significantly and substantially alter the Division's
mission. Indian River County defines a "Substantial Deviation/Modification" as a fundamental change to the HCV Program's mission statement, goals, or objectives
identified in the Five -Year and Annual Plan. The Indian River County Board of County Commissioners' HCV Program has no "Significant Amendments" or
"Substantial Deviadons/Modifications" to the mission statement, goals, or objectives in the Five -Year and Annual Plan.
Resident Advisory Board (RAB) Comments.
C.2
(a) Did the RAB(s) have comments to the 5 -Year PHA Plan?
Y❑ ND
(b) If yes, comments must be submitted by the PHA as an attachment to the 5 -Year PHA Plan. PHAs must also include a narrative describing their analysis of the RAB
recommendations and the decisions made on these recommendations.
Certification by State or Local Officials.
C3
Form HUD -50077 -SL, Certification by State or Local Officials ofPHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic
attachment to the PHA Plan.
Required Submission for HUD FO Review.
CA
(a) Did thedblic challenge any elements of the Plan?
Y❑ NCI
(b) If yes, include Challenged Elements.
D.
Affirmatively Furthering Fair Housing (AFFH).
Affirmatively Furthering Fair Housing. (Non-qualified PHAs are only required to complete this section on the Annual PHA Plan. All qualified PHAs must complete
this section.)
Provide a statement of the PHA's strategies and actions to achieve fav housing goals outlined in an accepted Assessment of Fair Housing (AFH) consistent with 24
CFR § 5.154(d)(5). Use the chart provided below. (PHAs should add as many goals as necessary to overcome fair housing issues and contributing factors.) Until such
time as the PHA is required to submit an AFH, the PHA is not obligated to complete this chart. The PHA will fulfill, nevertheless, the requirements at 24 CFR §
903.7(o) enacted prior to August 17, 2015. See Instructions for further detail on completing this item.
Fair Housing Goal: Expand Affordable Housing Options in High -Opportunity Areas
Describe fair housing strategies and actions to achieve the goal
• Conduct a housing market analysis to identify high -opportunity areas and barriers to access for low-income families.
Collaborate with local governments and developers to incentivize the development of affordable units through zoning adjustments
density bonuses, and tax credits in high -opportunity neighborhoods.
Fair Housing Goal: Strengthen Outreach and Education to Underserved Communities
D.1
Describe fair housing strategies and actions to achieve the goal
• Develop and distribute multilingual fair housing materials that explain rights, complaint procedures, and available resources. •
Partner with community-based organizations and cultural groups to host workshops, and outreach events in neighborhoods with
historically limited access to information. • Train landlords, housing providers, and public employees on fair housing laws, implicit
bias, and best practices for serving diverse populations. • Establish a clear and user-friendly reporting mechanism for housing
discrimination complaints and provide assistance through housing counselors or legal aid.
Fair Housing Goal: Reduce Racial and Ethnic Segregation and Promote Inclusive Communities
Describe fair housing strategies and actions to achieve the goal
• Analyze patterns of segregation using local demographic and housing data to identify concentrations of poverty and racial/ethnic
disparities in housing choice. • Implement affirmative marketing plans to promote housing opportunities across diverse
communities and ensure outreach reaches underrepresented populations. • Monitor and evaluate outcomes to ensure programs
and policies are effectively reducing segregation and advancing fair housing.
270
This information collection is authorized by Section 511 of the Quality Housing and Work ResponsibilityAct, which added anew section 5A to the U.S. Housing Act of 1937, as amended, which introduced the 5 -Year PHA Plan. The 5 -Year PHA
Plan provides the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families and the progress made in meeting the goals and objectives described in the previous 5 -Year Plan.
Public reporting burden for this information collection is estimated to average 1.64 hours per year per response or 8.2 hours per response every five years, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at
Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lead itself to confidentiality.
Form identification: FL132-INDIAN RIVER CO BD OF CO COMM form HUD -50075-5Y (Form ID - 3464) printed
by Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:11 PM EST
271
Status: Created
U.S. Department of Housing and Urban
Civil Rights Certification
(Qualified PHAs) Office of Public and Indian He
OMB Approval No. 2577
Expires
Civil Rights Certification
Annual Certification and Board Resolution
Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson
or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5 -Year PHA
Plan, hereinafter referred to as" the Plan". of which this document is a part, and make the following certification
and agreements with the Department of Housing and Urban Development (HUD) for the fiscal year beginning
10/2025 in which the PHA receives assistance under 42 U.S.C. 1437f and/or 1437g in connection with the mission,
goals, and objectives of the public housing agency and implementation thereof
The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d -2000d-4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.),
and other applicable civil rights requirements and that it will affirmatively further fair housing in the
administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies
that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964,
Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable
civil rights requirements, and that it will affirmatively further fair housing in the administration of the program.
The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the
goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24
CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to
affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its
programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and
24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements
at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or
proposed programs; identifies any impediments to fair housing choice within those programs; addresses those
impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to
implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's
involvement; and maintains records reflecting these analyses and actions.
INDIAN RIVER CO BD OF CO COMM FL132
PHA Name PHA Number/HA Code
I hereby certify that all the statement above, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements.
Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Executive Director: Cindy Emerson Name of Board Chairperson: Joseph E. Flescher
Signature: Date: Signature: Date:
272
Executive Director Signature: Board Chairperson Signature:
The United States Department of Housing and Urban Development is authorized to collect the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations
promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not
lend itself to confidentiality. The information is collected to ensure that PHAs carry out applicable civil rights requirements.
Public reporting burden for this information collection is estimated to average 0.16 hours per response, including the time for reviewing instructions, searching existing data sources, gathering, and
maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it
displays a currently valid OMB Control Number.
Form identification: FL132-INDIAN RIVER CO BD OF CO COMM form HUD -50077 -CR (Form ID - 3594) for CY
2025 printed by Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:10PM EST
273
Status: Created
Certification by State or Local U.S. Department of Housing and Urban
Official of PHA Plans Consistency Development
with the Consolidated Plan or Office of Public and Indian Housing
State Consolidated Plan OMB No. 2577-0226
(All PHAs) Expires 03/31/2024
Certification by State or Local Official of PHA Plans
Consistency with the Consolidated Plan or State Consolidated Plan
I, Joseph E. Flescher, the BOCC Chairman certify that the 5 -Year PHA Plan for fiscal years 2025-2029 and/or
Annual PHA Plan for fiscal year 2025 of the FL132 - INDIAN RIVER CO BD OF CO COMM is consistent with the
Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice
or Assessment of Fair Housing (AFH) as applicable to the Indian River County_ pursuant to 24 CFR Part 91 and 24
CFR § 903.15.
Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State
Consolidated Plan.
The Indian River County Housing Services Division's activities align with the Local Official
Comprehensive/Consolidated Plan, which seeks to maintain and expand the supply of decent, safe, and
affordable housing for eligible residents. The Division supports this goal by administering the Housing Choice
Voucher (HCV), Emergency Housing Voucher (EHV), and Veterans Affairs Supportive Housing_(VASH)_programs,
which enable low-income families, elderly individuals, veterans, and persons with disabilities to access affordable
housing throughout the county. In collaboration with local agencies and communitypartners, the Housing
Services Division works to improve service delivery, -promote housing stability, and support self-sufficiency. To
better meet the needs of the community, the Division continues to enhance its intake and waitlist management
processes, affirmatively further fair housing, and support efforts to deconcentrate poverty when necessary_
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements.
Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official: Joseph E. Flescher
Title: BOCC Chairman
Signature:
Date:
The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations
promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not
lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan.
Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering
and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it
displays a currently valid OMB Control Number.
274
Form identification: FL 132-INDIAN RIVER CO BD OF CO COMM form HUD-50077-SL (Form ID - 4480) printed by
Stacey Bush in HUD Secure Systems/Public Housing Portal at 05/21/2025 04:22PM EST
275
—.� .� __
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Table of Contents
Chapter 1: Overview of the Program and Plan.........................................................................1-1
Part I: Indian River County Housing Services Division(IRCHSD).................................1-1
1-1 A. OVERVIEW AND HISTORY OF THE PROGRAM.........................................1-1
1-1 B. ORGANIZATION AND STRUCTURE OF IRCHSD........................................1-1
1-1 C. IRCHSD MISSION AND VALUES ........................................... :..:.................. 1-1
1-1 D. IRCHSD'S PROGRAMS..........................................................................1-2
1-1 E. IRCHSD GUIDING PRINCIPLES...................................................................1-2
Part 11: The Housing Choice Voucher Program ............................... :....... ;:::.:................. 1-3
1-11 A. OVERVIEW AND HISTORY OF THE PROGRAM............:............................1-3
1-II.B. HCV Program Basics............................................................................ 1-4
1-II.C. HCV Partnerships..................................................................................:......1-4
Part III: The HCV Administrative Plan...........................................................................1-7
1 -III A. OVERVIEW AND PURPOSE OF PLAN.......................................................1-7
1 -III B. MANDATORY VS. DISCRETIONARY POLICY............................................1-7
1 -III C. UPDATING AND REVISING PLAN..............................................................1-8
Chapter 2: Fair Housing and Equal Opportunity.......................................................................2-9
Part I: Nondiscrimination .......... :................................................................................... 2-9
2-1 A. OVERVIEW....................................................................................................2-9
2-1 B. NONDISCRIMINATION................................................................................2-10
Part 11: Policies Related to Persons with Disabilities.................:................................. 2-12
2-11 A. OVERVIEW.................................................................................................2-12
2 -II B. DEFINITION OF REASONABLE ACCOMMODATION................................2-12
2-11 C. REQUEST FOR REASONABLE ACCOMMODATION................................2-12
2 -II D. VERIFICATION OF DISABILITY.................................................................2-13
2-11 E. APPROVAL/DENIAL OF REASONABLE ACCOMMODATION ..................2-14
2-11 F. PHYSICAL ACCESSIBILITY......................................................................2-15
2 -II G. DENIAL OR TERMINATION OF ASSISTANCE..........................................2-15
Part III: Improving Access to Services for Persons with Limited English Proficiency
..................................................................... 2-16
2 -III A. OVERVIEW...............................................................................................2-16
2 -III B. ORAL INTERPRETATION ................:...:::......................................:......... 2-16
2 -III C. WRITTEN TRANSLATION.........................................................................2-16
Chapter3: Eligibility...............................................................................................................3-19
Part I: Definitions of Family and Household Members................................................3-19
3-1 A. OVERVIEW.................................................................................................3-19
3-1 B. FAMILY AND HOUSEHOLD [24 CFR 982.201(C); FR NOTICE 02/03/12;
NOTICE PIH 2014-20]................................................................................3-19
3-1 C. FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY ..... 3-20
3-1 D. HEAD OF HOUSEHOLD [24 CFR 5.504(B)] ...............................................3-21
3-1 E. SPOUSE, COHEAD, AND OTHER ADULT.................................................3-21
3-1 F. DEPENDENT [24 CFR 5.603].............................................................. ...3-22
3-1 G. FULL-TIME STUDENT [24 CFR 5.603, HCV GB, P. 5-291 ..........................3-22
3-1 H. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY
[24 CFR 5.100 AND 5.403, FR NOTICE 02/03/12] ......................................3-22
3-1 I. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403,
FR NOTICE 02/03/12].............::...::.:..:.....:...:...:......:::.:........... 3-23
.........
3-I J. GUESTS (24 CFR 5.1001 .........................:...........................................:...... 3-23
277
3-1 K. FOSTER CHILDREN AND FOSTER ADULTS...........................................3-24
3-1 L. ABSENT FAMILY MEMBERS.....................................................................3-24
3-1 M. LIVE-IN AIDE ........................................... :.................................................. 3-26
3-1 N. DISPLACED FAMILY.................................:................................................3-27
Part II: Basic Eligibility Criteria....................................................................................3-27
3 -II A. INCOME ELIGIBILITY AND TARGETING..................................................3-27
3-11 B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5,
SUBPARTE]..............................................................................................3-28
3-11 C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 AND 5.218,
NOTICE PIH 2012-10]...............................................................................3-30
3 -II D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230.
HCVGB.....................................................................................................3-31
3-11 E. TRANSLATORS AND ADVOCATES..........................................................3-31
3-11 F. RESPONDING TO REQUESTS FOR STATUS UPDATES ........................3-32
3 -II G. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
[24 CFR 5.612, FR NOTICE 4/10/06, FR NOTICE 9/21/16] .......................3-32
3-11 H. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV
SYSTEM TRAINING 9/30/20]....................................................................3-35
Part III: Denial of Assistance...................................................................................... 3-36
3 -III A. OVERVIEW...............................................................................................3-36
3 -III B. MANDATORY DENIAL OF ASSISTANCE................................................3-36
3 -III C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE ..........3-37
3 -III D. SCREENING.............................................................................................3-38
3 -III E. CRITERIA FOR DECIDING TO DENY ASSISTANCE...............................3-40
3 -III F. NOTICE OF ELIGIBILITY OR DENIAL......................................................3-41
3 -III G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS
OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT,
AND STALKING........................................................................................3-42
Chapter 4: Applications, Waiting Lists, and Tenant Selection................................................4-51
Part I: The Application Process ..................................................... ....................4-51
4-1 A. OVERVIEW.................................................................................................4-51
4-1 B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 — 4-16 . .......................4-51
4-1 C. ACCESSIBILITY OF THE APPLICATION PROCESS.................................4-52
4-1 D. PLACEMENT ON THE WAITING LIST ............................................ :.......... 4-52
Part 11: Managing the Waiting List...............................................................................4-53
4-11 A. OVERVIEW................................................................................................4-53
4-11 B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 AND 205] ...... 4-53
4 -II C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] ............ 4-54
4 -II D. FAMILY OUTREACH [HCV GB, PP. 4-2 TO 4-4] .......................................4-54
4 -II E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES..........................4-55
4 -II F. UPDATING THE WAITING LIST [24 CFR 982.204] ....................................4-55
Part III: Selection for HCV Assistance.........................................................................4-56
4 -III A. OVERVIEW.............................................................................................4-56
4 -III B. SELECTION AND HCV FUNDING SOURCES ...... .................................... 4-56
4 -III C. SELECTION METHOD.............................................................................4-57
4 -III D. NOTIFICATION OF SELECTION .......................................... .................... 4-58
4 -III E. THE APPLICATION INTERVIEW..............................................................4-59
A -III F f`(1MP1 PTIN(', THF APPI 1( AT1r)K1 PR0rFCC d_Fn
278
Chapter 5: Briefings and Voucher Issuance...........................................................................5-62
Part I: Briefings And Family Obligations..........................................:..........................
5-62
5-1 A. OVERVIEW.......................................................................:.........................5-62
5-1 B. BRIEFING [24 CFR 982.301]......................................................................5-62
5-1 C. FAMILY OBLIGATIONS..............................................................................5-66
Part 11: Subsidy Standards and Voucher Issuance......................................................5-68
5 -II A. OVERVIEW ................... ..............................................................................
5-68
5 -II B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.402] .........
5-69
5-11 C. EXCEPTIONS TO SUBSIDY STANDARDS...............................................5-70
6-80
5-11 D. VOUCHER ISSUANCE [24 CFR 982.302] .................................................5-71
5 -II E. VOUCHER TERM AND EXTENSIONS......................................................5-71
Chapter 6: Income and Subsidy Determinations....................................................................6-74
Part I: Annual Income .............................................. ...................................................
6-74
6-1 A. OVERVIEW.............................................:.....................................:.............6-74
6-1 B. HOUSEHOLD COMPOSITION AND INCOME...........................:................6-75
6-1 C. ANTICIPATING ANNUAL INCOME.............................................................6-77
6-1 D. EARNED INCOME......................................................................................6-78
6-1 E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH
DISABILITIES [24CFR 5.617; STREAMLINING FINAL RULE (SFR)
FEDERAL REGISTER 3/8/16] ................................................ ....................
6-80
6-1 F. BUSINESS INCOME [24 CFR 5.609(B)(2)].................................................6-82
6-1 G. ASSETS [24 CFR 5.609(B)(3); 24 CFR 5.603(B)] .......................................6-83
6-1 H. PERIODIC PAYMENTS..............................................................................6-89
6-1 I. PAYMENTS IN LIEU OF EARNINGS..........................................................6-90
6-1 J. WELFARE ASSISTANCE............................................................................6-90
6-1 K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(B)(7)]...6-91
6-1 L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(B)(9); NOTICE
PIH2015-21] ...............................................................................................
6-92
6-1 M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME.............................6-93
Part II: Adjusted Income.............................................................................................6-95
6 -II A. INTRODUCTION........................................................................................6-95
6 -II B. DEPENDENT DEDUCTION ............................... ........................................ 6-96
6 -II C. ELDERLY OR DISABLED FAMILY DEDUCTION......................................6-96
6-11 D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(1)] ....................6-96
6-11 E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B) ..6-97
6-11 F. CHILD CARE EXPENSE DEDUCTION......................................................6-98
Part III: Calculating Family Share and PHA Subsidy................................................6-100
6 -III A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS........................6-100
6 -III B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT
[24 CFR 5.630]........................................................................................6-101
6 -III C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(B)] .....6-103
6 -III D. APPLYING UTILITY ALLOWANCES [24 CFR 982.517] ..........................6-105
6 -III E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.520] ......6-106
Chapter 7: Verification................................................................................
Part I: General Verification Requirements .......................................
7-1 A. FAMILY CONSENT TORELEASEF INFORMATION
[24 CFR 982.516 AND 982.551, 24 CFR 5.230] ...............
7-1 B. OVERVIEW OF VERIFICATION REQUIREMENTS.........
7-1 C. UP -FRONT INCOME VERIFICATION (UIV) ....................
7-1 D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION ...
7-1 F qFI F_(:FRTIFI('.AT1nN
....................... 7-116
....................... 7-116
....................... 7-116
....................... 7-116
....................... 7-117
....................... 7-119
....................... 7-121
279
Part 11: Verifying Family Information........................................................:.................7-122
7-11 A. VERIFICATION OF LEGAL IDENTITY.....................................................7-122
7 -II B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2012-10]..7-122
7 -II C. DOCUMENTATION OF AGE...................................................................7-124
7 -II D. FAMILY RELATIONSHIPS ....................................... ..............................7-124
7-11 E. VERIFICATION OF STUDENT STATUS..................................................7-126
7 -II F. DOCUMENTATION OF DISABILITY........................................................7-127
7 -II G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5.508]...7-128
7-11 H. VERIFICATION OF PREFERENCE STATUS .......................................... 7-129
Part III: Verifying Income and Assets........................................................... ............. 7-129
7 -III A. EARNED INCOME..................................................................................7-129
7 -III B. BUSINESS AND SELF EMPLOYMENT INCOME...................................7-129
7 -III C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS ....... 7-130
7 -III D. ALIMONY OR CHILD SUPPORT............................................................7-131
7 -III E. ASSETS AND INCOME FROM ASSETS ......... ......................... ........7-131
7 -III F. NET INCOME FROM RENTAL PROPERTY ............. ..............................7-132
7 -III G. RETIREMENT ACCOUNTS.............................................................. ...... 7-132
7 -III H. INCOME FROM EXCLUDED SOURCES................................................7-132
7 -III I. ZERO ANNUAL INCOME STATUS..........................................................7-133
7 -III J. STUDENT FINANCIAL ASSISTANCE.....................................................7-133
7 -III K. PARENTAL INCOME OF STUDENTS SUBJECT TO .............................7-134
Part IV: Verifying Mandatory Deductions ................................................... ............... 7-134
7 -IV A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD
DEDUCTIONS........................................................................................ 7-134
7 -IV B. MEDICAL EXPENSE DEDUCTION ............................................... ......... 7-134
7 -IV C. DISABILITY ASSISTANCE EXPENSES.................................................6-136
7 -IV D. CHILD CARE EXPENSES......................................................................6-137
Chapter 8: National Standards for The Physical Inspection of Real Estate and Rent
Reasonableness Determinations........................................................................8-140
Part I: Physical Standards........................................................................................ 8-140
8-1 A. INSPECTABLE AREAS [24 CFR 5.703(A)(1) AND 24 CFR 5.705(A)(2)] ..8-140
8-1 B. ADDITIONAL LOCAL REQUIREMENTS...................................................8-142
8-1 C. LIFE-THREATENING CONDITIONS
[24 CFR 5.705; FR NOTICE 1/18/17]........................................................8-142
8-1 D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.404] ................8-143
8-1 E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD
LEAD LEVEL [24 CFR 35.1225; FR NOTICE 1/13/17;
NOTICE PIH 2017-13]..............................................................................8-144
8-1 F. VIOLATION OF HQS SPACE STANDARDS [24 CFR 5.7051
A dwelling unit must: ................................................................................. 8-144
8-1 G. ACCESSORY DWELLING UNITS............................................................8-145
Part 11: The Inspection Process ................................................ ........8-145
........................
8-11 A. OVERVIEW [24 CFR 982.4051 ................................................................. 8-145
8 -II B. INITIAL HQS INSPECTION [24 CFR 982.401(A)] ....................................8-146
8 -II C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 AND
982.406; ................................................................................................... 8-147
8 -II D. SPECIAL INSPECTIONS [24 CFR 982.405(G)] ....................................... 8-148
8 -II E. QUALITY CONTROL INSPECTIONS [24 CFR 982.405(B);
HCVGB, P. 1032].................................................................................... 8-148
280
8 -II F. INSPECTION RESULTS AND REINSPECTION FOR UNITS UNDER
HAP CONTRACT.....................................................................................8-148
8 -II G. ENFORCING OWNER COMPLIANCE.....................................................8-149
8 -II H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(B)] .8-150
Part III: Rent Reasonableness [24 CFR 982.5071 .....................................................8-150
8 -III A. OVERVIEW.............................................................................................8-150
8 -III B. WHEN RENT REASONABLENESS DETERMINATIONS ARE
REQUIRED............................................................................................. 8-151
8 -III C. HOW COMPARABILITY IS ESTABLISHED............................................8-152
8 -III D. IRCHSD RENT REASONABLENESS METHODOLOGY ........................8-152
Chapter 9: General Leasing Policies....................................................................................9-157
9-1 A. TENANT SCREENING..............................................................................9-157
9-1 B. REQUESTING TENANCY APPROVAL [FORM HUD -52517] ....................9-158
9-1 C. OWNER PARTICIPATION........................................................................9-158
9-1 D. ELIGIBLE UNITS ........................ .............................................................. 9-159
9-1 E. LEASE AND TENANCY ADDENDUM.......................................................9-160
9-1 F. TENANCY APPROVAL [24 CFR 982.3051 .................................................9-162
9-1 G. HAP CONTRACT EXECUTION [24 CFR 982.305] ...................................9-163
9-1 H. CHANGES IN LEASE OR RENT [24 CFR 982.3081 ..................................9-164
Chapter 10: Moving with Continued Assistance and Portability..........................................10-165
Part I: Moving with Continued Assistance..............................................................10-165
10-1 A. ALLOWABLE MOVES...........................................................................10-165
10-1 B. RESTRICTIONS ON MOVES................................................................10-166
10-1 C. MOVING PROCESS ...................................................... .....10-167
Part II: Portability....................................................................................................10-169
10 -II A. OVERVIEW..........................................................................................10-169
10 -II B. INITIAL PHA ROLE..............................................................................10-169
10 -II C. RECEIVING PHA ROLE.......................................................................10-174
Chapter 11: Reexaminations.............................................................................................11-180
Part I: Annual Reexaminations [24 CFR 982.5161 ...................... .........................11-180
11-1 A. OVERVIEW...........................................................................................11-180
11-1 B. STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(B),
NEW HCV GB, REEXAMINATIONS]....................................................11-180
11-1 C. SCHEDULING ANNUAL REEXAMINATIONS.......................................11-181
11-1 D. CONDUCTING ANNUAL REEXAMINATIONS......................................11-182
11-1 E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS
[24 CFR 982.552(B)(5)]........:................................................................11-183
11-1 F. EFFECTIVE DATES..............................................................................11-184
Part II: Interim Reexaminations [24 CFR 982.516] .................................................11 -184
11 -II A. OVERVIEW..........................................................................................11-184
11 -II B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION ...............11-185
11-11 C. CHANGES AFFECTING INCOME OR EXPENSES ............... ....... ....... 11-186
11 -II D. PROCESSING THE INTERIM REEXAMINATION................................11-189
Part III: Recalculating Family Share and Subsidy Amount......................................11-190
11 -III A. OVERVIEW.........................................................................................11-190
11 -III B. CHANGES IN PAYMENT STANDARDS AND UTILITY
ALLOWANCES...................................................................................11-190
11 -III C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT........ 11-191
11 -III D. DISCREPANCIES...............................................................................11-191
281
Chapter 12: Termination of Assistance and Tenancy.........................................................12-192
Part I: Grounds for Termination of Assistance........................................................12-192
12-1 A. OVERVIEW...........................................................................................12-192
12-1 B. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.455]....12-192
12-1 C. FAMILY CHOOSES TO TERMINATE ASSISTANCE ............................12-192
12-1 D. HOUSING ASSURANCE OPTION........................................................12-192
12-1 E. MANDATORY TERMINATION OF ASSISTANCE ................................ .12-192
12-1 F. MANDATORY POLICIES AND OTHER AUTHORIZED
TERMINATIONS.....................................................................................12-194
Part Il: Approach to Termination of Assistance .......................................................12-197
12 -II A. OVERVIEW..........................................................................................12-197
12 -II B. METHOD OF TERMINATION [24 CFR 982.552(A)(3)] .........................12-197
12-11 C. ALTERNATIVES TO TERMINATION OF ASSISTANCE ......................12-197
12 -II D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE ...............12-197
12 -II E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT OR STALKING.................................12-199
12 -II F. TERMINATION NOTICE.......................................................... :............ 12-201
Part III: Termination of Tenancy by the Owner.......................................................12-202
12 -III A. OVERVIEW.........................................................................................12-202
12 -III B. GROUNDS FOR OWNER TERMINATION OF TENANCY
[24 CFR 982.310, 24 CFR 5.2005(C), AND FORM HUD -52641-A,
TENANCY ADDENDUM]............................................:.......................12-202
12 -III C. EVICTION [24 CFR 982.310(E) AND (F) AND FORM HUD -52641-A,
TENANCY ADDENDUM]....................................................................12-203
12 -III D. DECIDING WHETHER TO TERMINATE TENANCY
[24 CFR 982.310(H)............................................................................12-204
12 -III E. EFFECT OF TENANCY TERMINATION ON THE FAMILY'S
ASSISTANCE.....................................................................................12-205
Chapter13: Owners...........................................................................................................13-208
Part I: Owners in the HCV Program........................................................................13-208
13-1 A. OWNER RECRUITMENT AND RETENTION
[HCV GB, PP. 2-4 TO 2-6]....................................................................13-208
13-1 B. BASIC HCV PROGRAM REQUIREMENTS..........................................13-209
13-1 C. OWNER RESPONSIBILITIES [24 CFR 982.452] ..................................13-210
13-1 D. OWNER QUALIFICATIONS..................................................................13-210
13-1 E. NON-DISCRIMINATION [HAP CONTRACT —FORM HUD -52641].........13-213
Part II: HAP Contracts............................................................................................13-214
13 -II A. OVERVIEW..........................................................................................13-214
13 -II B. HAP CONTRACT CONTENTS.........................!..................................13-214
13 -II C. HAP CONTRACT PAYMENTS.............................................................13-215
13 -II D. BREACH OF HAP CONTRACT [24 CFR 982.4531 ...............................13-216
13-11 E. HAP CONTRACT TERM AND TERMINATIONS..................................13-217
13 -II F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT
[HUD-52641]........................................................................................13-218
13 -II G. FORECLOSURE [NOTICE PIH 2010-491 .............................................13-218
Chapter 14: Program Integrity............................................................................................14-220
Part I: Preventing, Detecting, and Investigating Errors and Program Abuse ........... 14-220
14-1 A. PREVENTING ERRORS AND PROGRAM ABUSE..............................14-220
282
14-1 B. DETECTING ERRORS AND PROGRAM ABUSE.................................14-221
14-1 C. INVESTIGATING ERRORS AND PROGRAM ABUSE .......................... 14-222
Part 11: Corrective Measures and Penalties ................................... .,.....................
14 -II A. SUBSIDY UNDER- OR OVERPAYMENTS ........................ :.................
14 -II B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE ......................
14 -II C. OWNER -CAUSED ERROR OR PROGRAM ABUSE .........................
14 -II D. PHA -CAUSED ERRORS OR PROGRAM ABUSE .............................
14-11 E. CRIMINAL PROSECUTION...............................................................
14 -II F. FRAUD AND PROGRAM ABUSE RECOVERIES ..............................
Chapter 15: Special Housing Types................................................................................
Part I: Single Room Occupancy [24 CFR 982.602 through 982.605] ...................
15-1 A. OVERVIEW........................................................................................
15-1 B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP
CALCULATION..................................................................................
15-1 C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE(NSPIRE) ....................................:.............................
14-223
14-223
14-223
14-225
14-226
14-227
14-227
15-228
15-228
15-228
15-229
15-229
Part II: Congregate Housing [24 CFR 982.606 through 982.609 Form
HUD -52641; New HCV GB, Special Housing Types, p. 6 .................. :........ 15-229
15 -II A. OVERVIEW..................................................................................:.......15-229
15 -II B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP
CALCULATION.....................................................................................15-230
15-11 C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)....................................................................15-230
Part III: SHARED HOUSING [24 CFR 982.615 through 982.618;
Form HUD -52641; Notice PIH 2021-05; New HCV GB, Special Housing
Types, p. 11 ]]............................................................................................15-230
15 -III A. OVERVIEW.........................................................................................15-230
15 -III B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP
CALCULATION...................................................................................15-231
15 -III C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)...................................................................15-232
Part IV: Cooperative Housing [24 CFR 982.619; New HCV GB, Special Housing Types,
p. 14]........................................................................................... .......15-232
15 -IV A. OVERVIEW.........................................................................................15-232
15 -IV B. PAYMENT STANDARD AND UTILITY ALLOWANCE ........................15-233
15 -IV C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)...................................................................15-233
Chapter 16: Program Administration...............................................................................16-234
Part I: Administrative Fee Reserve [24 CFR 982.155] ................................... ......... 16-234
Part II: Setting Program Standards and Schedules................................................16-235
16-11 A. OVERVIEW..........................................................................................16-235
16-11 B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, CHAPTER 71 ...16-235
16 -II C. UTILITY ALLOWANCES [24 CFR 982.517] .........................................16-237
Part III: Informal Reviews and Hearings.................................................................16-238
16 -III A. OVERVIEW.........................................................................................16-238
16 -III B. INFORMAL REVIEWS.........................................................................16-239
16 -III C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.5551 ......16-241
283
16 -III D. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS ............16-248
Part IV: Owner or Family Debts to the PHA............................................................16-250
16 -IV A. OVERVIEW ............................................... .......................................... 16-250
16 -IV B. REPAYMENT POLICY ...................... .................................................. 16-250
16 -IV C. RECORD KEEPING...........................................................................16-253
Part V: Section 8 Management Assessment Program (SEMAP).., ......................... 16-253
16-V A. OVERVIEW..........................................................................................16-253
16-V B. SEMAP CERTIFICATION.......................................:.............................16-253
16-V C. SEMAP INDICATORS.........................................................................16-253
Part VI: Record Keeping.........................................................................................16-257
16 -VI A. OVERVIEW.........................................................................................16-257
16 -VI B. RECORD RETENTION ................................................... :................... 16-257
16 -VI C. RECORDS MANAGEMENT.....................................................:.........16-260
Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead
Level........................................................................................................16-260
16 -VII A. OVERVIEW ..................................................... ................................... 16-260
16 -VII B. REPORTING REQUIREMENT...........................................................16-259
16 -VII C. DATA COLLECTION AND RECORD KEEPING................................16-260
Part VIII: Determination of Insufficient Funding......................................................16-260
16 -VIII A. OVERVIEW.......................................................................................16-260
16 -VIII B. METHODOLOGY..............................................................................16-260
Part XI: Violence Against Women Act (VAWA): Notification, Documentation,
Confidentiality ......................... ................................................................... 16-261
16 -XI A. OVERVIEW..................:......................................................................16-261
16 -XI B. DEFINITIONS.....................................................................................16-261
16 -XI C. NOTIFICATION..................................................................................16-262
16 -XI D. DOCUMENTATION........................................................................16-263
16 -XI E. CONFIDENTIALITY............................................................................16-265
Chapter 17: Project -Based Voucher (PBV) And Agency -Based Voucher Programs ........... 17-284
Part I: General Requirements ................... :............................................................. 17-284
17-1 A. OVERVIEW..........................................................................................17-284
17-1 B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE.... 17-285
17-1 C. RELOCATION REQUIREMENTS........................................................17-286
17-1 D. EQUAL OPPORTUNITY REQUIREMENTS.........................................17-286
Part II: PBV Owner Proposals.................................................................................17-286
17 -II A. OVERVIEW..........................................................................................17-286
17 -II B. OWNER PROPOSAL SELECTION PROCEDURES ...................... ......17-286
17 -II C. HOUSING TYPE ........................................ ....................... ......17-288
......... ....
17 -II D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS ....................17-288
17 -II E. SUBSIDY LAYERING REQUIREMENTS.............................................17-289
17 -II F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT .....................17-289
17 -II G. SITE SELECTION STANDARDS.........................................................17-291
17 -II H. ENVIRONMENTAL REVIEW...............................................................17-292
Part III: PBV DWELLING UNITS............................................................................17-292
17 -III A. OVERVIEW.........................................................................................17-292
17 -III B. HOUSING QUALITY STANDARDS.....................................................17-292
17 -III C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES ....17-293
284
17 -III D. INSPECTING UNITS...........................................................................17-293
Part IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS ......................... 17-294
17 -IV A. OVERVIEW.........................................................................................17-294
17 -IV B. AGREEMENT TO ENTER INTO HAP CONTRACT ............................17-294
17 -IV C. CONDUCT OF DEVELOPMENT WORK............................................17-295
17 -IV D. COMPLETION OF HOUSING.............................................................17-296
Part V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP) ........................ 17-296
17-V A. OVERVIEW..........................................................................................17-296
17-V B. HAP CONTRACT REQUIREMENTS...................................................17-296
17-V C. AMENDMENTS TO HAP CONTRACT.................................................17-299
17-V D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION
DATES.................................................................................................17-299
17-V E. OWNER RESPONSIBILITIES UNDER THE HAP................................17-300
17-V F. ADDITIONAL HAP REQUIREMENTS..................................................17-300
Part VI: SELECTION OF PBV PROGRAM PARTICIPANTS...................................17-301
174I A. OVERVIEW.........................................................................................17-301
17 -VI B. ELIGIBILITY FOR PBV ASSISTANCE................................................17-301
17 -VI C. ORGANIZATION OF THE WAITING LIST..........................................17-301
17 -VI D. SELECTION FROM THE WAITING LIST............................................17-302
17 -VI E. OFFER OF PBV ASSISTANCE..........................................................17-303
17 -VI F. OWNER SELECTION OF TENANTS..................................................17-303
17 -VI G. TENANT SCREENING ..................................... ........17-304
..........................
Part VII: OCCUPANCY..........................................................................................17-305
17 -VII A. OVERVIEW........................................................................................17-305
17 -VII B. LEASE.........................:.....................................................................17-305
17 -VII C. MOVES..............................................................................................17-307
17 -VII D. EXCEPTIONS TO THE OCCUPANCY CAP ... ................................... 17-308
Part VIII: DETERMINING RENT TO OWNER........................................................17-309
17 -VIII A. OVERVIEW.......................................................................................17-309
17 -VIII B. RENT LIMITS....................................................................................17-309
17 -VIII C. REASONABLE RENT.......................................................................17-312
17 -VIII D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL...................17-313
Part IX: PAYMENTS TO OWNER..........................................................................17-313
17 -IX A. HOUSING ASSISTANCE PAYMENTS...............................................17-313
17- IX B. VACANCY PAYMENTS..................................................................... 17-314
17- IX C. TENANT RENT TO OWNER ....................................... ......................17-314
17- IX D. OTHER FEES AND CHARGES.........................................................17-315
Chapter 18: Emergency Housing Vouchers(EHVs)............................................................ 18-318
PartI: FUNDING...................................................................................................18-318
18-1 A. OVERVIEW........................................................... .................... ............ 18-318
18-1 B. SERVICE FEES......................................................................... .......18-319
Part II: Partnering Agencies...................................................................................18-321
18 -II A. CONTINUUM OF CARE (COC) .............................................. :...... ....... 18-321
18 -II B. OTHER PARTNERING ORGANIZATIONS..........................................18-321
18 -II C. REFERRALS.............................................................................:..........18-322
Part III: Waiting List Management .......................................... ,............................... 18-322
18 -III A. HCV WAITING LIST..............................................................:..............18-322
285
18 -III B. EHV WAITING LIST............................................................................18-322
18 -III C. PREFERENCES.................................................................................18-323
Part IV: Family Eligibility.........................................................................................18-323
18 -IV A. OVERVIEW.........................................................................................18-323
18 -IV B. REFERRING AGENCY DETERMINATION OF ELIGIBILITY..............18-323
18 -IV C. PHA SCREENING..............................................................................18-324
18 -IV D. INCOME VERIFICATON AT ADMISSION..........................................18-325
18 -IV E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS
VERIFICATION...................................................................................18-326
18 -IV F. AGE AND DISABILITY VERIFICATION..............................................18-326
184V G. AGE AND DISABILITY VERIFICATION..............................................18-326
Part V: Housing Search and Leasing......................................................................18-327
18-V A. INITIAL VOUCHER TERM...................................................................18-327
18-V B. HOUSING SEARCH ASSISTANCE.....................................................18-328
18-V C. NSPIRE PRE-INSPECTIONS..............................................................18-328
18-V D. INITIAL LEASE TERM.........................................................................18-329
18-V E. PORTABILITY......................................................................................18-329
18-V F. PAYMENT STANDARDS.....................................................................15-330
18-V G. TERMINATION OF VOUCHERS.........................................................18-331
Part VI: Use of Funds, Reporting, and Financial Records.......................................18-331
286
Administrative Plan Indian River County Housing Services Division
Chapter 1: Overview of the Program and Plan
Indian River County Housing Services Division (IRCHSD) is a public housing agency (PHA) that
receives its funding for the Housing Choice Voucher (HCV) program from the Department of
Housing and Urban Development (HUD). IRCHSD is not a federal department or agency. A PHA
is a governmental or public body, created and authorized by state law to develop and operate
housing and housing programs for low-income families. IRCHSD entered into an Annual
Contributions Contract (ACC) with HUD to administer the program requirements on behalf of HUD.
IRCHSD must ensure compliance with federal laws, regulations and notices and must establish
policy and procedures to clarify federal requirements and to ensure consistency in program
operation.
This chapter contains information about IRCHSD and its programs with emphasis on the PHA
program. It also contains information about the purpose, intent and use of the plan and guide.
There are three parts to this chapter:
Part I: Indian River County Housing Services Division (IRCHSD). This part includes an
overview of IRCHSD, its jurisdiction, its programs, and its mission and intent.
Part II: The PHA Program. This part contains information about the Housing Choice
Voucher program operation, roles and responsibilities, and partnerships.
Part III: The HCV Administrative Plan. This part discusses the purpose and organization
of the plan and its revision requirements.
Part l: Indian River County Housing Services Division (IRCHSD)
1-1 A. OVERVIEW AND HISTORY OF THE PROGRAM
This part explains the origin of the PHA's PHA Program creation and authorization, the general
structure of the organization, and the relationship between the Board and staff.
1-1 B. ORGANIZATION AND STRUCTURE OF IRCHSD
The Section 8 tenant -based Housing Choice Voucher (HCV) assistance program is funded by the
federal government and administered by IRCHSD within the jurisdictional limits of Indian River
County.
Commissioners serve in the same capacity as the directors of a corporation, establishing policies
under which IRCHSD conducts business, ensuring that policies are followed by IRCHSD staff and
ensuring that IRCHSD is successful in its mission. The Board is responsible for preserving and
expanding the agency's resources and assuring the agency's continued viability. Formal actions of
IRCHSD are taken through written resolutions, adopted by the Board of County Commissioners and
entered into the official records of IRCHSD.
IRCHSD's Manager, hired and appointed by the Community Services Director and Board of
County Commissioners, oversees the activities of the agency. The Manager is directly responsible
for carrying out the policies established by the Board and is delegated the responsibility for hiring,
training and supervising IRCHSD staff in order to manage the day-to-day operations of IRCHSD.
The Manager is responsible for ensuring compliance with federal and state laws and directives for
the programs managed. In addition, the Manager's duties include budgeting and financial planning
for the agency.
1-1 C. IRCHSD MISSION AND VALUES
Mission
Indian River County Housing Services Division — Section 8 Program is committed to operating and
partnering with private owners and property managers in an efficient, professional and ethical
manner which will create a team effort to provide decent, safe, sanitary and affordable housing for
pg. 1
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Administrative Plan Indian River County Housing Services Division
the clients that we serve in this community and enhancing the housing stock for under privileged and
low income, including senior housing:
• To assist and prepare low to moderate residents in making a transition to greater financial
security.
• To provide our clientele with empathy, dignity and responsive customer service.
• By providing the highest quality customer service, integrity is never compromised.
Values
As stewards of the public trust, we pursue our mission and responsibilities in a spirit of service,
teamwork and respect. We embrace the values of excellence, collaboration, innovation and
appreciation.
1-1 D. IRCHSD'S PROGRAMS
IRCHSD Policy
IRCHSD's Administrative Plan is applicable to the operation of the Housing Choice Voucher
(HCV) program including rental assistance and utility assistance.
In addition, the Administrative Plan addresses policies for the following special programs:
• Veterans Affairs Supportive Housing (VASH) Program Vouchers
• Emergency Housing Voucher (EHV) Program Vouchers
1-1 E. IRCHSD GUIDING PRINCIPLES
As a public service agency, the PHA is committed to providing excellent service to PHA program
participants, owners, and to the community.
IRCHSD Policy
IRCHSD adopts a Strategic Plan every five years to reflect the current guiding principles of
the organization.
The staffs guiding principles include:
• Administer applicable federal and state laws and regulations to achieve high ratings
in performance measurement indicators while maintaining efficiency in program
operation to ensure fair and consistent treatment of clients served.
• Provide decent, safe, and sanitary housing — in compliance with program housing
quality standards — for very low-income families while ensuring that family rents are
fair, reasonable, and affordable.
• Encourage self-sufficiency of participant families and assist in the expansion of
family opportunities which address educational, socio-economic, recreational and
other human service's needs.
• Promote fair housing and the equal opportunity for very low-income families of all
ethnic backgrounds to experience freedom of housing choice.
• Promote a housing program which maintains quality service and integrity while
providing an incentive to private property owners to rent to very low-income families.
• Promote a market-driven housing program that will help qualified low-income
families be successful in obtaining affordable housing and increase the supply of
housing choices for such families.
• Create positive public awareness and expand the level of family, owner, and
community support in accomplishing the mission.
• Attain and maintain a high level of standards and professionalism in day-to-day
management of all program components.
• Administer an efficient, high -performing agency through continuous improvement of
the PHA program's support systems and a high level of commitment to our
employees and their development.
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Administrative Plan Indian River County Housing Services Division
• The staff will make every effort to keep program participants informed of PHA
program rules and regulations, and to advise participants of how the program rules
affect them.
Part 11: The Housing Choice Voucher Program
1 -II A. OVERVIEW AND HISTORY OF THE PROGRAM
The intent of this section is to provide the public and staff with information related to the overall
operation of the program. There have been many changes to the program since its inception in
1974 and a brief history of the program will assist the reader to better understand the program.
The United States Housing Act of 1937 (the "Act") is responsible for the birth of federal housing
program initiatives. The Act was intended to provide financial assistance to states and cities for
public works projects, slum clearance and the development of affordable housing developments
for low-income residents.
The Housing and Community Development (HCD) Act of 1974 created a new federally assisted
housing program — the Section 8 Existing Housing Program (also known as the Section 8
Certificate program). The HCD Act represented a significant shift in federal housing strategy from
locally owned public housing to privately owned rental housing.
Under the Certificate program, federal housing assistance payments were made directly to private
owners of rental housing, where this housing was made available to lower-income families. Eligible
families were able to select housing in the private rental market. Assuming that the housing met
certain basic physical standards of quality ("Housing Quality Standards") and was within certain
HUD -established rent limitations ("fair market rents"), the family would be able to receive rental
assistance in the housing unit. Family contribution to rent was generally set at 30 percent of the
family's adjusted income, with the remainder of the rent paid by the program.
Another unique feature of the Certificate program was that the rental assistance remained with the
eligible family, if the family chose to move to another privately -owned rental unit that met program
requirements (in contrast to the public housing program where the rental assistance remains with
the unit, should the family decide to move). Consequently, the Certificate program was
characterized as tenant -based assistance, rather than unit -based assistance.
The Housing and Community Development (HCD) Act of 1987 authorized a new version of tenant -
based assistance — the Section 8 Voucher program. The Voucher program was very similar to the
Certificate program in that eligible families were able to select housing in the private rental market
and receive assistance in that housing unit.
However, the Voucher program permitted families more options in housing selection. Rental
housing still had to meet the basic Housing Quality Standards, but there was no fair market rent
limitation on rent. In addition, family contribution to rent was not set at a limit of 30 percent of
adjusted income. Consequently, depending on the actual rental cost of the unit selected, a family
might pay more or less than 30 percent of their adjusted income for rent.
From 1987 through 1999, public housing agencies managed both the Certificate and Voucher
tenant -based assistance programs, with separate rules and requirements for each. From 1994
through 1998, HUD published a series of new rules, known as "conforming" rules, to more closely
combine and align the two similar housing programs, to the extent permitted by the law.
In 1998, the Quality Housing and Work Responsibility Act (QHWRA) — also known as the Public
Housing Reform Act — was signed into law. QHWRA eliminated all statutory differences between
the Certificate and Voucher tenant -based programs and required that the two programs be merged
into a single tenant -based assistance program, now known as the Housing Choice Voucher (HCV)
program.
The PHA program was modeled closely on the pre -merger Voucher program. However, unlike
the pre -merger Voucher program, the PHA program requires an assisted family to pay at least
30 percent of adjusted income for rent.
pg. 3
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Administrative Plan Indian River County Housing Services Division
The transition of assistance from the Certificate and Voucher programs to the new PHA program
began in October 1999. By October 2001, all families receiving tenant -based assistance were
converted to the PHA program.
On July 29, 2016, the Housing Opportunity Through Modernization Act of 2016 (HOTMA) was
signed into law. HOTMA made numerous changes to statutes governing HUD programs, including
sections of the United States Housing Act of 1937. Title I of HOTMA contains 14 different sections
that impact the public housing and Section 8 programs. The Final Rule implementing broad
changes to income and asset in Sections 102 and 104 of HOTMA, and for PHAs that administer the
public housing program over -income provisions in Section 103, was officially published in the
Federal Register on February 14, 2023. On September 29, 2023, HUD issued notice PIH 2023-27,
which provided guidance to PHAs on the implementation of the program changes described in the
Final Rule.
1-111.6. PHA Program Basics
The purpose of the Housing Choice Voucher (HCV) program is to provide rental assistance to
eligible families. The rules and regulations of the PHA program are determined by the Department
of Housing and Urban Development. IRCHSD is afforded choices in the operation of the program
which are included in this Administrative Plan, a document approved by IRCHSD's Board of
Commissioners.
The PHA program offers mobility to eligible families because they may search for suitable
housing anywhere in IRCHSD's jurisdiction and may also be eligible to move under
portability to other PHAs' jurisdictions.
In general, when a family is determined to be eligible for the program and funding is available,
IRCHSD issues the family a housing voucher. When the family finds a suitable housing unit and
funding is available, IRCHSD will enter into a contract with the owner or landlord and the family
will enter into a lease with the owner. Each party makes their respective payment to the owner so
that the owner receives full rent. This process may vary for the special programs listed in 1-I.D.
Even though the family is determined to be eligible for the program, the owner has the
responsibility of approving the family as a suitable renter. IRCHSD continues to make payments to
the owner as long as the family is eligible, and the housing unit continues to qualify under the
program.
1-II.C. HCV Partnerships
To administer the PHA program, IRCHSD enters into a contractual relationship with HUD (called
the Consolidated Annual Contributions Contract). IRCHSD also enters into contractual relationships
with the assisted family and the owner or landlord of the housing unit.
For the PHA program to work and be successful, all parties involved — HUD, IRCHSD, the
owner and the family — have important roles to play. The roles and responsibilities of all parties
are defined in federal regulations and in legal documents that parties execute to participate in
the program.
The chart on the following page illustrates key aspects of these relationships.
pg. 4
290
Administrative Plan Indian River County Housing Services Division
The HCV Relationships:
Congress
Appropriates
Funding
HUD
Provides Funding
To Indian Rarer County Board
of Commisinners.mw
Program Reg mlat,ns and ACC
specifies County C bligations and
Vouch er F mdiag
Indian Miner County Board of
Commissioners — Rental Assistance
Administers
Program
Hous As tante Payments
(ILA,P) Cdgtrac pecifies Owner
and IRMentit.Assistanoe
FamilyLease specifies Tenant ., Owner 1
(Program n "`� Landlord
Participant) Obligations >
pg. 5
291
Administrative Plan Indian. River COgnty Housing Services Division
What Does HUD Do?
HUD has the following major responsibilities:
• Develop regulations, requirements, handbooks, notices and other guidance to implement
HCV housing program legislation passed by Congress;
• Allocate PHA program funds to the County;
• Provide technical assistance to an Agency on interpreting and applying PHA program
requirements;
• Monitor the Agencies compliance with PHA program requirements and the performance in
program administration.
What Does the Indian River County Housing Services Division Do?
The County administers the PHA program under contract with HUD and has the following major
responsibilities:
• Establish local policies to administer the program;
• Review applications from interested applicants to determine whether they are eligible for
the program;
• Maintain a waiting list and select families for admission;
• Issue vouchers to eligible families and provide information on how to lease a unit;
• Conduct outreach to owners, with special attention to owners outside areas of poverty or
minority concentration;
• Approve the rental unit (including assuring compliance with housing quality standards and
rent reasonableness), the owner, and the tenancy;
• Make housing assistance payments to the owner in a timely manner;
• Recertify families for continued eligibility under the program;
• Ensure that owners and families comply with their contractual obligations;
• Provide families and owners with prompt, professional service;
• Comply with all fair housing and equal opportunity requirements, HUD regulations and
requirements, the Annual Contributions Contract, HUD -approved applications for funding, the
HCV administrative plan, and other applicable federal, state and local laws.
What Does the Owner Do?
The owner has the following major responsibilities:
• Screen families who apply for tenancy, to determine suitability as renters.
• The PHA can provide some information to the owner, but the primary responsibility for
tenant screening rests with the owner.
• The owner should consider family background factors such as rent and bill -paying history,
history of caring for property, respecting the rights of others to peaceful enjoyment of the
property, compliance with essential conditions of tenancy, whether the family is engaging
in drug-related criminal activity or other criminal activity that might threaten others.
• Comply with the terms of the Housing Assistance Payments contract executed with
the PHA;
• Comply with all applicable fair housing laws and do not discriminate against anyone;
• Maintain the housing unit in accordance with National Standards for the Physical
Inspection of Real Estate (NSPIRE) and make necessary repairs in a timely manner;
• Collect rent due from the assisted family and otherwise comply with and enforce provisions of
the dwelling lease.
What Does the Family Do?
The family has the following responsibilities:
• Provide the PHA with complete and accurate information as determined by the PHA to be
necessary for administration of the program.
• Make their best and most timely efforts to locate qualified and suitable housing;
• Attend all appointments scheduled by the PHA.
• Allow the PHA to inspect the unit at reasonable times and after reasonable notice;
Pg- 6
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Administrative Plan Indian River County Housing Services Division
• Take responsibility for care of the housing unit, including any violations of Housing Quality
• Standards caused by the family.
• Comply with the terms of the lease with the owner.
• Comply with the family obligations of the voucher.
• Not commit serious or repeated violations of the lease.
• Not engage in drug-related or violent criminal activity.
• Notify the PHA and the owner before moving or terminating the lease.
• Use the assisted unit only for residence and as the sole residence of the family. Not sublet
the unit, assign the lease, or have any interest in the unit.
• Promptly notify the PHA of any changes in family composition.
• Not commit fraud, bribery, or any other corrupt or criminal act in connection with any housing
programs.
Part 111: The HGV Administrative Plan
1 -III A. OVERVIEW AND PURPOSE OF PLAN
The Administrative Plan is required by HUD. The purpose of the Administrative Plan is to establish
policies for carrying out the programs in a manner consistent with HUD requirements and local goals
and objectives contained in IRCHSD's agency plan. This Administrative Plan is a supporting
document to the PHA agency plan and is available for public review as required by CFR 24 Part
903.
This Administrative Plan is set forth to define IRCHSD's local policies for operation of the housing
programs in accordance with federal laws and regulations. All issues related to the PHA program not
addressed in this document are governed by federal regulations, HUD handbooks and guidebooks,
notices and other applicable law. The policies in this Administrative Plan have been designed to
ensure compliance with the consolidated ACC and all HUD -approved applications for program
funding.
IRCHSD is responsible for complying with all changes in HUD regulations pertaining to the PHA
program. If such changes conflict with this plan, HUD regulations will have precedence.
Administration of the PHA program and the functions and responsibilities of IRCHSD staff shall
be in compliance with the IRCHSD's personnel policy and HUD regulations as well as all
federal, state and local fair housing laws and regulations.
1 -III B. MANDATORY VS. DISCRETIONARY POLICY
The HUD regulations at 24 CFR 982.54 define the policies that must be included in the
Administrative Plan. They are as follow:
• Selection and admission of applicants from the PHA waiting list, including any PHA
admission preferences, procedures for removing applicant names from the waiting list,
and procedures for closing and reopening the PHA waiting list (Chapter 4).
• Issuing or denying vouchers, including PHA policy governing the voucher term and any
extensions of the voucher term. If the PHA decides to allow extensions of the voucher
term, the PHA Administrative Plan must describe how the PHA determines whether to
grant extensions, and how the PHA determines the length of any extension (Chapter 5).
• Any special rules for use of available funds when HUD provides funding to the PHA for a
special purpose (e.g., desegregation), including funding for specified families or a
specified category of families (Chapter 4).
• Occupancy policies, including definition of what group of persons may qualify as a "family",
definition of when a family is considered to be "continuously assisted"; standards for
denying admission or terminating assistance based on criminal activity or alcohol abuse in
accordance with 982.553 (Chapters 3 and 12).
• Encouraging participation by owners of suitable units located outside areas of low income
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or minority concentration (Chapter 13).
• Assisting a family that claims that illegal discrimination has prevented the family from leasing
a suitable unit (Chapter 2).
• Providing information about a family to prospective owners (Chapters 3 and 9);
• Disapproval of owners (Chapter 13).
• Subsidy standards (Chapter 5).
• Family absence from the dwelling unit (Chapter 12).
• How to determine who remains in the program if a family breaks up (Chapter 3).
• Informal review procedures for applicants (Chapter 16).
• Informal hearing procedures for participants (Chapter 16).
• The process for establishing and revising voucher payment standards, including policies on
administering decreases in the payment standard during the HAP contract term (Chapter 16).
• The method of determining that rent to owner is a reasonable rent (initially and
during the term of a HAP contract) (Chapter 8).
• Special policies concerning special housing types in the program (e.g., use of
shared housing) (Chapter 15).
• Policies concerning payment by a family to the PHA of amounts the family owes the PHA
(Chapter 16).
• Interim redeterminations of family income and composition (Chapter 11).
• Restrictions, if any, on the number of moves by a participant family (Chapter 10)
• Approval by the board of commissioners or other authorized officials to charge
the administrative fee reserve (Chapter 16).
• Procedural guidelines and performance standards for conducting required housing
quality standards inspections (Chapter 8).
• PHA screening of applicants for family behavior or suitability for tenancy (Chapter 3).
HUD makes a distinction between:
• Mandatory policies: Those driven by legislation, regulations, current handbooks, notices
and legal opinions, and
• Optional, non-binding guidance, including guidebooks, notices that have expired
and recommendations from individual HUD staff.
HUD expects PHAs to adopt local policies and procedures that are consistent with mandatory
policies in areas where HUD gives the PHA discretion. The PHA's Administrative Plan is the
foundation of those policies and procedures. HUD's directions require PHAs to make policy
choices that provide sufficient guidance to staff and ensure consistency to program applicants and
participants.
Creating policies based upon HUD guidance is not mandatory, but it provides a PHA with a "safe
harbor." HUD has already determined that the recommendations and suggestions it makes are
consistent with mandatory policies. If a PHA adopts an alternative strategy, it must make its own
determination that the alternative approach is consistent with legislation, regulations and other
mandatory requirements. There may be very good reasons for adopting a policy or procedure that
is different than HUD's safe harbor, but PHAs should carefully think through those decisions.
1 -III C. UPDATING AND REVISING PLAN
The PHA will revise this Administrative Plan as needed to comply with changes in HUD
regulations. The original plan and any changes must be approved by the Board of County
Commissioners of the Housing Services Division, the pertinent sections included in the Agency
Plan, and a copy provided to HUD.
IRCHSD will review the plan at least once a year and update as needed, to reflect
changes in regulations, IRCHSD operations or to ensure staff consistency in
operation.
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Chapter 2: Fair Housing and Equal Opportunity
This chapter explains the laws and HUD regulations requiring PHAs to affirmatively further civil
rights and fair housing in all federally assisted housing programs. The letter and spirit of these laws
are implemented through consistent policy and processes. The responsibility to further
nondiscrimination pertains to all areas of the PHA's housing choice voucher operations.
Part I: Nondiscrimination. This part presents the body of laws and regulations governing
the responsibilities of the PHA regarding nondiscrimination.
Part II: Policies Related to Persons with Disabilities. This part discusses the rules and
policies of the housing choice voucher program related to reasonable accommodation for
persons with disabilities. These rules and policies are based on the Fair Housing Act
(42.U.S.C.) and Section 504 of the Rehabilitation Act of 1973 and incorporate guidance
from the Joint Statement of The Department of Housing and Urban Development and the
Department of Justice (DOJ), issued May 17, 2004.
Part III: Prohibition of Discrimination Against Limited English Proficiency Persons. This part
details the obligations of the PHA to ensure meaningful access to the PHA program and its
activities by persons with limited English proficiency (LEP). This part incorporates the Final
Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition
against National Origin Discrimination Affecting Limited English Proficient Persons
published January 22, 2007, in the Federal Register.
Part I: Nondiscrimination
2-1 A. OVERVIEW
Federal law requires all agencies to treat all applicants and participants equally, providing the same
opportunity to access services regardless of family characteristics and background. Federal law
prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, age,
familial status and disability. In addition, HUD regulations provide for additional protections
regarding sexual orientation, gender identity, and marital status and will comply fully with all federal,
state and local nondiscrimination laws, and with rules and regulations governing fair housing and
equal opportunity in housing and employment, including:
• Title VI of the Civil Rights Act of 1964
• Title VIII of the Civil Rights Act of 1968 (as amended by the Community
Development Act of 1974 and the Fair Housing Amendments Act of 1988)
• Executive Order 11063
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975
• Title II of the Americans with Disabilities Act (to the extent that it applies,
otherwise Section 504 and the Fair Housing Amendments govern)
• The Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or
Gender Identity Final Rule, published in the Federal Register February 3, 2012 and
further clarified in Notice PIH 2014-20
• Violence Against Women Reauthorization Act of 2013 (VAWA)
When more than one civil rights law applies to a situation, the laws will be read and applied together.
Any applicable state laws or local ordinances and any legislation protecting individual rights of
tenants, applicants or staff that may subsequently be enacted will also apply.
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IRCHSD :Policy
To further its commitment to full compliance with applicable civil rights laws, IRCHSD will
provide information on federal, state and local regulations and ordinances to voucher
holders regarding unlawful discrimination and any recourse available to families who
believe they are victims of a discriminatory act. The information will include the names of
government offices which take complaints and perform investigations, including HUD's
Office of Civil Rights and the county's Office for Civil Rights. Such information will be
made available during the family briefing session, and all applicable Fair Housing
information and discrimination complaint forms will be made as part of the voucher
holder's briefing packet and available upon request at IRCHSD offices.
2-1 B. NONDISCRIMINATION
Federal regulations prohibit discrimination against certain protected classes and other groups of
people. State and local requirements, as well as PHA policies, can prohibit discrimination based on
other factors.
The PHA shall not discriminate because of race, color, sex, gender identity, religion, creed,
national or ethnic origin, age, familial or marital status, handicap or disability or sexual
orientation.
Familial status includes children under the age of 18 living with parents or legal custodians,
pregnant women and people securing custody of children under the age of 18.
The PHA will not discriminate on the basis of marital status, gender identity, or sexual
orientation [FR Notice 02/03/12].
IRCHSD �iicy
IRCHSD will not discriminate on the basis of any of the additional protected classes.
The PHA will not use any of these factors to:
• Deny to any family the opportunity to apply for housing, nor deny to any qualified
applicant the opportunity to participate in the housing choice voucher program
• Provide housing that is different from that provided to others
• Subject anyone to segregation or disparate treatment
• Subject anyone to sexual harassment
• Restrict anyone's access to any benefit enjoyed by others in connection with the
housing program
• Treat a person differently in determining eligibility or other requirements for admission
• Steer an applicant or participant toward or away from a particular area based any
of these factors
• Deny anyone access to the same level of services
• Deny anyone the opportunity to participate in a planning or advisory group that is an
integral part of the housing program
• Discriminate in the provision of residential real estate transactions
• Discriminate against someone because they are related to or associated with a member
of a protected class
• Publish or cause to be published an advertisement or notice indicating the
availability of housing that prefers or excludes persons who are members of a
protected class
Providing Information to Families and Owners
The PHA must take steps to ensure that families and owners are fully aware of all applicable civil
rights laws. As part of the briefing process, the PHA must provide information to HCV applicant
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families about civil rights requirements and the opportunity to rent in a broad range of
neighborhoods [24 CFR 982.3011.
The Housing Assistance Payments (HAP) contract informs owners of the requirement not to
discriminate against any person because of race, color, religion, sex, national origin, age, familial
status or disability in connection with the contract.
Discrimination Complaints
If an applicant or participant believes that any family member has been discriminated against by The
PHA or an owner, the family should advise the PHA. HUD requires the PHA to make every
reasonable attempt to determine whether the applicant's or participant's assertions have merit and
take any warranted corrective action. In addition, the PHA is required to provide the
applicant or participant with information about how to file a discrimination complaint [24
CFR 982.3041.
Applicants or participants who believe that they have been subject to unlawful
discrimination may notify The PHA either orally (in person or over the phone) or in writing
(by letter or email).
Upon receipt of a housing discrimination complaint, the PHA is required to:
Provide written notice of the complaint to those alleged and inform the complainant that
such notice was made. The PHA will also send a written notice to the complainant
informing them that notice was sent to those alleged to have violated the rule, as well as
information on how to complete and submit a housing discrimination complaint form to
HUD's Office of Fair Housing and Equal Opportunity (FHEO).
Investigate the allegations and provide the complainant and those alleged with
findings and either a proposed corrective action or an explanation of why
corrective action is not warranted.
• Keep records of all complaints, investigations, notices and corrective
actions [Notice PIH 2014-201.
IRCHSD Policy
Fair Housing Policy
After receiving the complaint, staff will provide a written notice to those alleged to have
violated the rule. The PHA will also send a written notice to the complainant informing them
that notice was sent to those alleged to have violated the rule.
The IRCHSD staff will attempt to remedy discrimination complaints made against the
IRCHSD and will conduct an investigation into all allegations of discrimination. The
complaint should be brought to the county attorney's attention, if applicable.
Following the conclusion of the investigation, the staff will provide the complainant and those
alleged to have violated the rule with findings and either a proposed corrective action plan or
an explanation of why corrective action is not warranted.
Will keep a record of all complaints, investigations, notices, and corrective actions. (See
Chapter 16.)
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Administrative Plan Indian River County Housing Services Division
Part ll: Policies Related to Persons with Disabilities
2-11 A. OVERVIEW
One type of disability discrimination prohibited by the Fair Housing Act is the refusal to make
reasonable accommodation in rules, policies, practices or services when such accommodation
may be necessary to afford a person with a disability the equal opportunity to use and enjoy a
program or dwelling under the program.
The PHA must ensure that persons with disabilities have full access to the PHA's programs and
services. This responsibility begins with the first contact by an interested family and continues
through every aspect of the program.
IRCHSD will ask all applicants and participants if they require any type of accommodation,
in writing, on the intake application, and notices of adverse action by the agency, by
including the following language or language similar to this:
"If you or anyone in your family is a person with disabilities, and you require a
specific accommodation in order to fully utilize our programs and services, you may
request it at any time in the application process or at annual recertification."
A specific name and phone number of designated staff will be provided to process requests
for accommodation.
Will display posters and other housing information and signage in locations throughout the
office in such a manner as to be easily readable from a wheelchair,
2 -II B. DEFINITION OF REASONABLE ACCOMMODATION
A reasonable accommodation is an adjustment made to a rule, policy, practice or service that
allows a person with a disability to have equal access to the PHA program. For example,
reasonable accommodations may include making home visits, extending the voucher term or
approving an exception payment standard in order for a participant to lease an accessible dwelling
unit.
Federal regulations stipulate that requests for accommodations will be considered reasonable if
they do not create an "undue financial and administrative burden" for The PHA, or result in a
"fundamental alteration" in the nature of the program or service offered. A fundamental alteration
is a modification that alters the essential nature of a provider's operations.
Types of Reasonable Accommodations
When needed, the PHA will modify normal procedures to accommodate the needs of a person with
disabilities. Examples include:
• Permitting applications and reexaminations to be completed by mail
• Conducting home visits
• Using higher payment standards (either within the acceptable range or with HUD
approval of a payment standard outside the PHA range) if the PHA determines this is
necessary to enable a person with disabilities to obtain a suitable housing unit
• Providing time extensions for locating a unit when necessary because of lack of
availability of accessible units or special challenges of the family in seeking a unit
• Permitting an authorized designee or advocate to participate in the application or
certification process and any other meetings with PHA staff.
2 -II C. REQUEST FOR REASONABLE ACCOMMODATION
If an applicant or participant indicates that an exception, change or adjustment to a rule, policy,
practice or service is needed because of a disability, HUD requires that the PHA treat the
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information as a request for a reasonable accommodation, even if no formal request is made
[Joint Statement of the Departments of HUD and Justice: Reasonable Accommodations under the
Fair Housing Actl.
The family must explain what type of accommodation is needed to provide the person with the
disability full access to the PHA's programs and services.
If the need for the accommodation is not readily apparent or known to the PHA, the family must
explain the relationship between the requested accommodation and the disability. There must be
an identifiable connection, or nexus, between the requested accommodation and the individual's
disability.
IRCHSD Palicy
IRCHSD staff will encourage the family to make its request in writing using a reasonable
accommodation request form. However, staff will consider the accommodation any time the
family indicates that an accommodation is needed whether or not a formal written request is
submitted.
Copies of all requests for accommodation shall be kept in the applicant/participant file
(electronic or physical); any health-related information will be redacted. Any physical and
electronic copies of requests for accommodation along with supporting documentation will
be safeguarded.
2 -II D. VERIFICATION OF DISABILITY
The regulatory civil rights definition for persons with disabilities is provided in Exhibit 2-1 at the end
of this chapter. The definition of a person with a disability for the purpose of obtaining a reasonable
accommodation is much broader than the HUD definition of disability which is used for waiting list
preferences and income allowances.
Before providing an accommodation, the PHA must determine that the person meets the definition
of a person with a disability, and that the accommodation will enhance the family's access to
IRCHSD's programs and services.
If a person's disability is obvious or otherwise known to the PHA, and if the need for the requested
accommodation is also readily apparent or known, no further verification will be required Joint
Statement of the Departments of HUD and Justice: Reasonable Accommodations under the Fair
Housing Actl.
If a family indicates that an accommodation is required for a disability that is not obvious or
otherwise known to the PHA, the PHA must verify that the person meets the definition of a
person with a disability and that the limitations imposed by the disability require the requested
accommodation.
When verifying a disability, IRCHSD will follow the verification policies provided in Chapter 7. All
information related to a person's disability will be treated in accordance with the confidentiality
policies provided in Chapter 16. In addition to the general requirements that govern all verification
efforts, the following requirements apply when verifying a disability:
• Third -party verification must be obtained from an individual identified by the family who is
competent to make the determination. A doctor or other medical professional, a peer
support group, a non-medical service agency or a reliable third party who is in a position
to know about the individual's disability may provide verification of a disability Joint
Statement of the Departments of HUD and Justice: Reasonable Accommodations under
the Fair Housing Actl.
• The PHA must request only information that is necessary to evaluate the disability -related
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need for the accommodation. The PHA will not inquire about the nature or extent of any
disability.
• Medical records will not be accepted or retained in the participant file.
• In the event that the PHA does receive confidential information about a person's specific
diagnosis, treatment or the nature or severity of the disability, the PHA will dispose of it in a
secure manner. In place of the information, IRCHSD will note in the file that the disability and
other requested information have been verified, the date the verification was received and
the name and address of the knowledgeable professional who sent the information Notice
PIH 2010-261.
2 -II E. APPROVAUDENIAL OF REASONABLE ACCOMMODATION
[Joint Statement Of The Departments Of HUD And Justice: Reasonable Accommodations Under
The Fair Housing Act, Notice PIH 2010-261.
The PHA must approve a request for an accommodation if the following three conditions are met:
• The request was made by or on behalf of a person with a disability.
• There is a disability -related need for the accommodation.
• The requested accommodation is reasonable, meaning it would not impose an undue
financial and administrative burden on the PHA or fundamentally alter the nature of the
PHA's HCV operations (including the obligation to comply with HUD requirements and
regulations).
Requests for accommodations must be assessed on a case-by-case basis, taking into account
factors such as the overall size of the PHA's program with respect to the number of employees,
type of facilities and size of budget, type of operation including composition and structure of
workforce, the nature and cost of the requested accommodation and the availability of alternative
accommodations that would effectively meet the family's disability -related needs.
Before making a determination whether to approve the request, the PHA may enter into discussion
and negotiation with the family, request more information from the family or may require the family
to sign a consent form so that IRCHSD may verify the need for the requested accommodation.
IRCHSD Policy
After a request for an accommodation is presented, IRCHSD will respond, in writing, within
10 business days.
If PHA denies a request for an accommodation because it is not reasonable (it would
impose an undue financial and administrative burden or fundamentally alter the nature of the
operations), the PHA will discuss with the family whether an alternative accommodation
could effectively address the family's disability -related needs without a fundamental
alteration to the PHA program and without imposing an undue financial and administrative
burden.
If IRCHSD believes that the family has failed to identify a reasonable alternative
accommodation after interactive discussion and negotiation, PHA will notify the family, in
writing, of its determination within 10 business days from the date of the most recent
discussion or communication with the family.
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Administrative Plan Indian River County Housing Services Division
2 -II F. PHYSICAL ACCESSIBILITY
The PHA must comply with a variety of regulations pertaining to physical accessibility,
including the following:
• Notice PIH 2010-26
• Section 504 of the Rehabilitation Act of 1973
• The Americans with Disabilities Act of 1990
• The Architectural Barriers Act of 1968
• The Fair Housing Act of 1988
The PHA's policies concerning physical accessibility must be readily available to
applicants and participants. They can be found in three key documents:
This plan describes the key policies that govern the PHA's responsibilities with
regard to physical accessibility.
Notice PIH 2010-26 summarizes information about pertinent laws and
implementing regulations related to nondiscrimination and accessibility in
federally funded housing programs.
The PHA Plan provides information about self-evaluation, needs assessment and
transition plans.
The design, construction or alteration of PHA facilities must conform to the Uniform Federal
Accessibility Standards (UFAS). Newly -constructed facilities must be designed to be readily
accessible to and usable by persons with disabilities. Alterations to existing facilities must be
accessible to the maximum extent feasible, defined as not imposing an undue financial and
administrative burden on the operations of the PHA program.
When issuing a voucher to a family that includes an individual with disabilities, IRCHSD staff will
include a current list of available accessible units known and will assist the family in locating an
available accessible unit, if necessary.
In general, owners must permit the family to make reasonable modifications to the unit. However,
the owner is not required to pay for the modification and may require that the unit be restored to
its original state at the family's expense when the family moves.
2 -II G. DENIAL OR TERMINATION OF ASSISTANCE
The PHA's decision to deny or terminate the assistance of a family that includes a person
with disabilities is subject to consideration of reasonable accommodation21 4 CFR
982.552 (2)(iv)j.
When applicants with disabilities are denied assistance, the notice of denial must inform them
of the PHA's informal review process and their right to request an informal hearing. In addition,
the notice must inform applicants with disabilities of their right to request reasonable
accommodations to participate in the informal review process.
When a participant family's assistance is terminated, the notice of termination must inform them of
the PHA's informal hearing process and their right to request a hearing and reasonable
accommodation.
When reviewing reasonable accommodation requests, the PHA must consider whether any
mitigating circumstances can be verified to explain and overcome the problem that led to the
PHA's decision to deny or terminate assistance. If a reasonable accommodation will allow the
family to meet the requirements, the PHA must make the accommodation.
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Administrative Plan Indian River County Housing Services Division
Part 111: Improving Access to Services for Persons with
Limited English Proficiency (LEP)
2 -III A. OVERVIEW
Language for Limited English Proficiency Persons (LEP) can be a barrier to accessing important
benefits or services, understanding and exercising important rights, complying with applicable
responsibilities, or understanding other information provided by the PHA program. In certain
circumstances, failure to ensure that LEP persons can effectively participate in or benefit from
federally -assisted programs and activities may violate the prohibition under Title VI against
discrimination on the basis of national origin. This part incorporates the Final Guidance to Federal
Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting
Limited English Proficient Persons, published January 22, 2007, in the Federal Register.
The PHA will take affirmative steps to communicate with people who need services or
information in a language other than English. These persons will be referred to as Persons with
Limited English Proficiency (LEP).
LEP is defined as persons who do not speak English as their primary language and who have a
limited ability to read, write, speak or understand English. For the purposes of this administrative
plan, LEP persons are HCV applicants, participants and parents and family members of applicants
and participants.
In order to determine the level of access needed by LEP persons, the PHA will balance the
following four factors: (1) the number or proportion of LEP persons eligible to be served or likely to
be encountered by the Housing Choice Voucher program; (2) the frequency with which LEP
persons come into contact with the program; (3) the nature and importance of the program,
activity, or service provided by the program to people's lives; and (4) the resources available to
the PHA and costs. Balancing these four factors will ensure meaningful access by LEP persons
to critical services while not imposing undue burdens on the PHA.
2-111 B. ORAL INTERPRETATION
The IRCHSD will offer competent interpretation services free of charge or at their own expense,
upon request, to the LEP person.
IRCHSD Policy
Will utilize a language line for telephone interpreter services, if available;
Where LEP persons desire, they will be permitted to use, at their own expense, an
interpreter of their own choosing, in place of or as a supplement to the free language
services offered by the IRCHSD, if applicable. The interpreter may be a family member or
friend.
The IRCHSD staff will analyze the various kinds of contacts it has with the public, to assess
language needs and decide what reasonable steps should be taken. "Reasonable steps"
may not be reasonable where the costs imposed substantially exceed the benefits.
Where feasible and possible, according to its language assistance plan (LAP), the County
will train and hire bilingual staff to be available to act as interpreters and translators, will
pool resources with other agencies, and will standardize documents.
2 -III C. WRITTEN TRANSLATION
Translation is the replacement of a written text from one language into an equivalent written
text in another language.
IRCHSD Policy
In order to comply with written -translation obligations, PHA will take the following
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Administrative Plan Indian River County Housing Services Division
steps:
Will provide written translations of vital documents for each eligible LEP
language group that constitutes 5 percent or 1,000 persons, whichever is less,
of the population of persons eligible to be served or likely to be affected or
encountered. Translation of other documents, if needed, can be provided orally;
or
If there are fewer than 50 persons in a language group that reaches the 5
percent trigger, the PHA does not translate vital written materials, but provides
written notice in the primary language of the LEP language group of the right to
receive competent oral interpretation of those written materials, free of cost.
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Administrative Plan Indian River County Housing Services Division
Exhibit 2-1: Definition of A Person with A Disability Under
Federal Civil Rights Laws [24 CFR Parts 8.3 And 100.201]
A person with a disability, as defined under federal civil rights laws, is any person who meets one or
more of the following criteria:
• Has a physical or mental impairment that substantially limits one or more of the major life
activities of an individual, or
• Has a record of such impairment, or
• Is regarded as having such impairment.
The phrase "physical or mental impairment' includes:
• Any physiological disorder or condition, cosmetic or disfigurement or anatomical
loss affecting one or more of the following body systems: neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular; reproductive;
digestive; genitor -urinary; hemic and
lymphatic; skin; and endocrine.
• Any mental or psychological disorder, such as mental retardation, organic brain syndrome,
emotional or mental illness and specific learning disabilities.
The term "physical or mental impairment' includes, but is not limited to, such diseases and
conditions as: orthopedic, visual, speech and hearing impairments, cerebral palsy, autism,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental
retardation, emotional illness, drug addiction and alcoholism.
"Major life activities" include, but are not limited to: caring for oneself, performing manual
tasks, walking, seeing, hearing, breathing, learning and/or working.
"Having a record of such impairment" means the participant has a history of, or has been
misclassified as having, a mental or physical impairment that substantially limits one or more
major life activities.
"Is regarded as having an impairment" is defined as: having a physical or mental impairment that
does not substantially limit one or more major life activities but is treated by a public entity (such as
IRCHSD) as constituting such a limitation, has none of the impairments defined in this section but
is treated by a public entity as having such an impairment, or has a physical or mental impairment
that substantially limits one or more major life activities as a result of the attitudes of others toward
that impairment.
The definition of a person with disabilities does not include:
• Current illegal drug users.
• People whose alcohol use interferes with the rights of others.
• People who objectively pose a direct threat or substantial risk of harm to others that cannot
be controlled with a reasonable accommodation under the PHA program.
The above definition of disability determines whether an applicant or participant is entitled to any of
the protections of federal disability civil rights laws. Thus, a person who does not meet these
qualifications is not entitled to a reasonable accommodation under federal civil rights and fair
housing laws and regulations.
The HUD definition of a person with a disability is much narrower than the civil rights definition of
disability. The HUD definition of a person with a disability is used for purposes of receiving the
disabled family preference, the $400 elderly/disabled household deduction, the $480 dependent
deduction, the allowance for medical expenses or the allowance for disability assistance
expenses.
The definition of a person with a disability for purposes of granting a reasonable accommodation
request is much broader than the HUD definition of disability. Many people will not qualify as a
disabled person under the PHA program, yet an accommodation is needed to provide equal
opportunity.
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Administrative Plan Indian River County Housing Services Division
Chapter 3: Eligibility
The PHA is responsible for ensuring that every individual and family admitted to the PHA program
meets all program eligibility requirements. This includes any individual approved to join the family
after the family has been admitted to the program. The family must provide any information needed
by the PHA to confirm eligibility and determine the level of the family's assistance.
To be eligible for the PHA program:
The applicant family must:
o Qualify as a family as defined by HUD and the PHA.
o Have income at or below HUD -specified income limits.
o Qualify on the basis of citizenship or the eligible immigrant status
of family members.
o Provide social security number information for household members as
required.
o Consent to the PHA's collection and use of family information as provided for in
PHA -provided consent forms.
If debts are owed to the PHA or other Housing Authorities, the individual must have
entered into a payment agreement with the PHA or the other PHA and be current on
the payment agreement.
This chapter contains three parts:
Part I: Definitions of Family and Household Members. This part contains HUD and
PHA definitions of family and household members and explains initial and ongoing
eligibility issues related to these members.
Part II: Basic Eligibility Criteria. This part discusses income eligibility, and rules
regarding citizenship, social security numbers, and family consent.
Part III: Denial of Assistance. This part covers factors related to an applicant's past or
current conduct (e.g., criminal activity) that can cause the PHA to deny assistance.
Part I: Definitions of Family and Household Members
3-1 A. OVERVIEW
Some eligibility criteria and program rules vary depending upon the composition of the family
requesting assistance. In addition, some requirements apply to the family as a whole and others
apply to individual persons who will live in the assisted unit. This part provides information that is
needed to correctly identify family and household members, and to apply HUD's eligibility rules.
3-1 B. FAMILY AND HOUSEHOLD [24 CFR 982.201(C); FR NOTICE
02/03/12; NOTICE PIH 2014-201
The terms "family" and "household" have different meanings in the PHA program.
Family
To be eligible for assistance, an applicant must qualify as a family. Family as defined by HUD
includes, but is not limited to the following, regardless actual or perceived sexual orientation,
gender identity, or marital status:
a single person, who may be an elderly person, disabled person, near -elderly person,
or any other single person; or
a group of persons residing together. Such group includes, but is not limited to:
a family with or without children (a child who is temporarily away from the home
because of placement in foster care is considered a member of the family),
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o an elderly family,
o a near -elderly family,
o a disabled family,
o a displaced family,
0 or the remaining member of a tenant family.
o The PHA has the discretion to determine if any other group of persons
qualifies as a family.
o two or more individuals who are not related by blood, marriage, adoption,
or other operation of law but who either can demonstrate that they have
lived together previously or certify that each individual's income and other
resources will be available to meet the needs of the family.
"Gender Identity" means a person's perception of having a particular gender, which may or
may not correspond with their birth sex.
"Sexual Orientation" is a person's physical and/or emotional attraction to other people.
Homosexual, heterosexual, and bisexual are some ways to describe sexual orientation.
Each family must identify the individuals to be included in the family at the time of
application and must notify IRCHSD if the family's composition changes.
Multiple Families in the Same Household
Two families living together (such as a mother and father, and a married child with their spouse
and/or children) may be treated as a single-family unit.
Household
Household is a broader term that includes additional people who, with the PHA's permission, live in
an assisted unit, such as live-in aides, foster children, and foster adults.
3-1 C.FAMILY BREAKUP AND REMAINING MEMBER OF TENANT FAMILY
Family Breakup f24 CFR 982.315; Notice PIH 2017-081
Except under the following conditions, the PHA has discretion to determine which members of an
assisted family continue to receive assistance if the family breaks up:
If the family breakup results from an occurrence of domestic violence, dating violence,
sexual assault, or stalking, the PHA must ensure that the victim retains assistance.
(For documentation requirements and policies related to domestic violence, dating
violence, sexual assault, and stalking, see section 16-IX.D of this plan.)
In accordance with Notice PIH 2017-08, for HUD—Veterans Affairs Supportive
Housing (HUD—VASH) vouchers, when the veteran is the perpetrator of domestic
violence, dating violence, sexual assault, or stalking, the victim must continue to be
assisted. Upon termination of the perpetrator's HUD—VASH voucher, the victim
should be given a regular HCV if one is available, and the perpetrator's HUD—VASH
voucher should be used to serve another eligible family. If a regular HCV is not
available, the victim will continue to use the HUD—VASH voucher, which must be
issued to another eligible family upon the voucher's turnover.
If a court determines the disposition of property between members of the assisted
family, the PHA is bound by the court's determination of which family members
continue to receive assistance.
IRCI SC € olic �
Split Households While on the Waitlist
When a household on the waiting list splits into two eligible households for any reason,
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the household will be removed from the waitlist. If, within ten days of informing IRCHSD
that the households have divided, the households agree that one of the households
should remain on the waitlist, IRCHSD will replace the household name on the waitlist
with the name of the household designated to remain on the waitlist.
Split Households after Issuance and Before Lease -Up [24 CFR 982.3151
In those instances when a family assisted under the Housing Choice Voucher Program
becomes divided into two eligible families for any reason, and the new families cannot
agree as to which new family unit should continue to receive the assistance, the HCV
Manager shall consider the following factors to determine which of the families will
continue to be assisted:
1. The interest of any minor children, including custody arrangements;
2. The interest of any ill, elderly, or disabled family members;
3. The interest of any family member who is the victim of domestic violence,
dating violence, sexual assault, or stalking, including a family member who
was forced to leave an assisted unit as a result of such actual or threatened
abuse;
4. Any possible risks to family members as a result of criminal activity;
5. The recommendations of social service professionals.
Documentation of these factors will be the responsibility of the requesting parties.
If documentation is not provided, IRCHSD will terminate the Voucher on the basis of
failure to provide information necessary for a determination of eligibility.
Remaining Member of a Tenant Family [24 CFR 5.4031
The HUD definition of family includes the remaining member of a tenant family, which
is a member of an assisted family who remains in the unit when other members of the
family have left the unit. Household members such as live-in aides, foster children,
and foster adults do not qualify as remaining members of a family.
If dependents are the only "remaining members of a tenant family" and there is no
family member able to assume the responsibilities of the head of household, see 6-1.6,
for the policy on "Caretakers for a Child."
3-1 D. HEAD OF HOUSEHOLD [24 CFR 5.504(B)1
"Head of household" means the adult member of the family who is considered the head for purposes
of determining income eligibility and rent. The head of household is responsible for ensuring that the
family fulfills all of its responsibilities under the program, alone or in conjunction with a cohead or
spouse.
IRCHSD Policy
The family may designate any qualified family member as the head of household.
The head of household must have the legal capacity to enter into a lease under state and
local law. A minor who is emancipated under state law may be designated as head of
household.
3-1 E. SPOUSE, COHEAD, AND OTHER ADULT
A family may have a spouse or cohead, but not both [HUD -50058 IB, p. 13].
"Spouse" means the marriage partner of the head of household.
IRCHSD Policy
A marriage partner includes the partner in a "common law" marriage as defined in state law.
The term "spouse" does not apply to friends, roommates, or significant others who are not
marriage partners. A minor who is emancipated under state law may be designated as a
spouse.
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A "cohead" is an individual in the household who is equally responsible with the head of household
for ensuring that the family fulfills all of its responsibilities under the program, but who is not a
spouse. A family can have only one cohead, and a co-head cannot be a dependent.
IRCHSD Policy
Minors who are emancipated under state law may be designated as a cohead. "Other adult"
means a family member, other than the head, spouse, or cohead, who is 18 years of age or
older. Foster adults and live-in aides are not considered other adults.
3-1 F. DEPENDENT [24 CFR 5.6031
A "dependent" is a family member who is under 18 years of age or a person of any age who is a
person with a disability or a full-time student; the following persons can never be dependents: the
head of household, spouse, cohead, foster children/adults and live-in aides. Identifying each
dependent in the family is important because each dependent qualifies the family for a dependent
allowance as described in Chapter 6.
Joint Custody of Dependents
IRKPoises
Dependents that are subject to a joint custody agreement will be considered a member of
the family, if they live with the applicant or participating family 51 percent or more of the
time.
Families who claim primary custody in a joint custody or temporary guardianship
arrangement will be required to certify, and provide supporting documentation to
establish, that the child or children reside primarily with the applicant or resident. At a
minimum, the child's school records must show the child's primary address to be the
same as the applicant or resident.
When both parents are individually on the waiting list and both claim the child as a family
member, the primary custodial parent, whose address is listed in the school records as the
primary address for the child, will be allowed to claim the school-age child as a dependent
for the purposes of claiming the dependent deduction and determining subsidy.
3-1 G. FULL-TIME STUDENT [24 CFR 5.603, HCV GB, P. 5-29]
A "full-time student" (FTS) is a person who is attending school or vocational training on a full-time
basis. The time commitment or subject load that is needed to be full-time is defined by the
educational
institution.
Identifying each FTS is important because: (1) each family member that is an FTS, other than the
head, spouse, or cohead, qualifies the family for a dependent allowance, and (2) the earned
income of such an FTS is treated differently from the income of other family members.
3-1 H. ELDERLY AND NEAR -ELDERLY PERSONS, AND ELDERLY FAMILY
[24 CFR 5.100 AND 5.403, FR NOTICE 02/03/12]
Elderly Persons
An "elderly" person is a person who is at least 62 years of age.
Near -Elderly Persons
A "near -elderly" person is a person who is 50-61 years of age.
Elderly Family
An "elderly family" is one in which the head of household, co-head of household or spouse is age
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62 or older. Identifying elderly families is important because elderly families qualify for the elderly
family allowance as described in Chapter 6.
3-11. PERSONS WITH DISABILITIES AND DISABLED FAMILY [24 CFR 5.403,
FR NOTICE 02/03/12]
Persons with Disabilities
Under the PHA program, special rules apply to persons with disabilities and to any family whose
head, spouse, or cohead is a person with disabilities. The technical definitions of individual with
handicaps and persons with disabilities are provided in Exhibit 3-1 at the end of this chapter.
These definitions are used for a number of purposes including ensuring that persons with
disabilities are not discriminated against based upon disability.
As discussed in Chapter 2, the PHA must make all aspects of the PHA program accessible to
persons with disabilities and consider reasonable accommodations requested based upon a
person's disability.
Disabled Family
A "disabled family" is one in which the head, spouse, or cohead is a person with disabilities.
Identifying disabled families is important because these families qualify for the disabled family
allowance as described in Chapter 6.
Even though persons with drug or alcohol dependencies are considered persons with disabilities,
this does not prevent the PHA from denying assistance for reasons related to alcohol and drug
abuse in accordance with the policies found in Part III of this chapter, or from terminating
assistance in accordance with the policies in Chapter 12.
3-1 J. GUESTS [24 CFR 5.1001
A "guest" is a person temporarily staying in the unit with the consent of a member of the
household who
has expressed or implied authority to so consent.
IRCHSD Policy
Any adult not included on HUD Form 50058 who has been in the unit more than 30
consecutive days without IRCHSD approval, or a total of 90 days in a 12 -month period, will
be considered to be living in the unit as an unauthorized household member.
A family may request an exception to this policy for valid reasons (e.g., care of a relative
recovering from a medical procedure is expected to last 40 consecutive days). The requests
will be considered on a case-by-case basis.
Absence of evidence of any other address may be considered verification that the visitor
is a member of the household.
Statements from neighbors and/or the landlord will be considered in making the
determination.
Use of the unit address as the visitor's current residence for any purpose that is not
explicitly temporary shall be construed as permanent residence.
r
The burden of proof that the individual is a visitor rests on the family. In the absence of
such proof, the individual will be considered an unauthorized member of the household
and IRCHSD may terminate assistance, since prior approval was not requested for the
addition.
Minors and college students who were part of the family but who now live away from
home during the school year and are no longer on the lease may visit for less than 180
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days per year without being considered a member of the household.
In a joint custody arrangement, if the minor is in the household less than 51 % of the time,
the minor will be considered to be an eligible visitor and not a family member.
Guest policies in the family's lease are separate and distinct from the requirements
contained in this Plan.
3-1 K. FOSTER CHILDREN AND FOSTER ADULTS
"Foster adults" are usually persons with disabilities, unrelated to the tenant family, who are
unable to live alone [24 CFR 5.6091.
"Foster child" is not specifically defined by the regulations.
Foster children and foster adults who are living with an applicant or who have been approved by
the PHA to live with a participant family are considered household members but not family
members. The income of foster children/adults is not counted in family annual income, and foster
children/adults do not qualify for a dependent deduction [24 CFR 5.603; HUD -50058 IB, p. 13].
ERQFSC PclcI
A "foster child" is a child that is in the legal guardianship or custody of a state, county, or
private adoption or foster care agency, yet is cared for by foster parents in their own
homes, under some kind of short-term or long-term foster care arrangement with the
custodial agency.
A foster child or foster adult may be allowed to reside in the unit if their presence would
not result in a violation of HQS space standards according to 24 CFR 982.401.
Children that are temporarily absent from the home as a result of placement in foster care are
discussed in Section 3-11.
3-1 L. ABSENT FAMILY MEMBERS
Individuals may be absent from the family, either temporarily or permanently, for a variety of
reasons including educational activities, placement in foster care, employment, illness,
incarceration, and court order.
Definitions of Temporarily and Permanently Absent
IRCHSD Policy
"Temporarily absent" is defined as away from the unit for less than 60 days for the head
of household and less than 180 days for all other household members. Absence of the
head of household of a single person household is considered Absence of Entire Family.
An employed head, spouse, or cohead absent from the unit more than 180 consecutive
days due to employment will continue to be considered a family member. An individual
who is or is expected to be absent from the assisted unit for more than 180 consecutive
days is considered permanently absent and no longer a family member.
IRCHSD must compute all applicable income of every family member, including those
who are temporarily absent.
Income of persons permanently absent will not be counted. If the spouse is temporarily
absent and in the military, all military pay and allowances (except hazardous duty pay
when exposed to hostile fire and any other exceptions to military pay HUD may define) is
counted as income.
It is the responsibility of the head of household to report changes in family composition.
IRCHSD will evaluate absences from the unit using this policy. (24 CFR982.551(h)(7)(1)).
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Administrative Plan Indian River County Housing Services Division
Exceptions to this general policy are discussed below.
Absent Students
IRCHSD Policy
When someone who has been considered a family member attends school away from
home, the person will continue to be considered a family member unless information
becomes available to the PHA indicating that the student has established a separate
household, or the family declares that the student has established a separate household.
Absence of Children Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are considered
members of the family.
IRCHSD Policy
If a child has been placed in foster care, IRCHSD will verify with the appropriate agency
whether and when the child is expected to be returned to the home.
If the time period is to be greater than 12 months from the date of removal of the
child/children, the child will be removed from the household. If all children are removed
from the home permanently, the voucher size will be reduced in accordance with
IRCHSD's subsidy standards.
Absence Due to Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, that person is no
longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22].
IRCHSD Policy
If any family member leaves the household to enter a facility such as hospital, nursing
home, or rehabilitation center, IRCHSD will request verification of the family member's
permanent absence from a responsible medical professional. If the verification indicates
that the family member will return in less than 180 consecutive days, the family member will
not be considered permanently absent. If no determinations can be made, the person will
be considered temporarily absent. If the verification indicates that the family member will be
permanently confined to a nursing home or hospital, the family member will be considered
permanently absent.
If the person who is determined to be permanently absent is the sole member of the
household, assistance will be terminated in accordance with IRCHSD's "Absence of Entire
Family" policy.
Absence of Entire Family
IRCHSD Policy
These policy guidelines address situations when the family is absent from the unit but has
not moved out of the unit. In cases where the family has moved out of the unit, IRCHSD will
terminate assistance in accordance with appropriate termination procedures contained in
this Plan.
Families are required both to notify IRCHSD before they move out of a unit and to
give IRCHSD information about any family absence from the unit.
If the entire family is absent from the assisted unit for more than 60 consecutive days or if
IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will
be considered to be vacated, and the assistance will be terminated.
"Absent" means that no family member is residing in the unit.
In order to determine if the family is absent from the unit, IRCHSD may investigate the
situation by taking action, including but not limited to the following:
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Administrative Plan Indian River County Housing Services Division
1. Write letters to the family at the unit;Telephone the family at the unit;
2. Interview neighbors;
3. Verify if utilities are in service; and
4. Check with the post office.
A person with a disability may request an extension of time as an accommodation.
A family displaced by unsafe conditions in the unit may be absent longer than 60 days, but
not longer than the HUD -allowed 180 consecutive calendar days, with prior notice to and
approval by IRCHSD.
Return of Permanently Absent Family Members
IRCHSD Policy
The family must request IRCHSD approval for the return of any adult family members that
IRCHSD previously determined to be permanently absent. The individual is subject to the
eligibility and screening requirements discussed elsewhere in this chapter.
3-1 M. LIVE-IN AIDE
A live-in aide is a person who resides with one or more elderly persons, or near -elderly persons, or
persons with disabilities, and who:
• is determined to be essential to the care and well-being of the persons,
• is not obligated for the support of the persons, and
• would not be living in the unit except to provide the necessary supportive services
[24 CFR 5.4031.
The PHA must approve a live-in aide if needed as a reasonable accommodation in accordance
with 24 CFR 8, to make the program accessible to and usable by the family member with
disabilities.
The income of a live-in aide is not counted in the calculation of annual income for the family [24
CFR 5.609(b)1. Relatives may be approved as live-in aides if they meet all of the criteria defining a
live-in aide. Because live-in aides are not family members, a relative who serves as a live-in aide
would not be considered a remaining member of a tenant family.
IRCHSD Pc,licy
A family's request for a live-in aide must be made in writing. Written verification will be
required from a reliable, knowledgeable professional, such as a doctor, social worker, or
case worker, that the live-in aide is essential for the care and well-being of the elderly, near
elderly, or disabled family member. For continued approval, the family must submit a new,
written request -subject to verification at each annual reexamination.
Because the live-in aide would be living in the unit for the necessary support for the tenant
which includes taking care of the tenant, the live-in aide cannot be working.
In addition, the family and live-in aide will be required to submit a certification stating that the
live-in aide is (1) not obligated for the support of the person(s) needing the care, and (2)
would not be living in the unit except to provide the necessary supportive services.
A live-in aide is treated differently than family members, in that:
1. Income of the live-in aide will not be counted for purposes of determining
eligibility or level of benefits;
2. Live-in aides are not subject to non -Citizen Rule requirements; and
3. Live-in aides may not be considered a remaining member of the household
should the voucher holder leave the PHA program for any reason.
IRCHSD may approve an additional bedroom for a live-in aide if needed as an
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Administrative Plan Indian River County Housing Services Division
accommodation to make the program accessible to and available to a voucher holder with a
disability. Approval of an additional bedroom for a live-in aide for reasonable
accommodation will be in accordance with the reasonable accommodations section in
Chapter 2 of this Administrative Plan.
IRCHSD may refuse to approve a person as a live-in aide or may withdraw such approval if:
1. The person commits fraud, bribery, or any other corrupt or criminal act in
connection with any federal housing program;
2. The person participates in drug-related criminal activity or violent criminal
activity, or is a sex offender currently subject to a lifetime registration
requirement; or
3. The person currently owes rent or other amounts to IRCHSD or to another
PHA in connection with Housing Choice Voucher Program or the Low Income
Public Housing Program. At the discretion of IRCHSD, approval may be given
if the person pays off the amount owed or enters into a repayment agreement
with the PHA. IRCHSD reserves the right to deny assistance at any time in the
future if the live-in aide does not comply with the terms of the repayment
agreement.
IRCHSD will notify the family of its decision in writing within 10 business days of receiving
a request for a live-in aide, including all required documentation related to the request
3-1 N. DISPLACED FAMILY
IRCHSD Policy
Displaced family is an individual or family who moves from their home as a direct result of
acquisition, demolition or rehabilitation for a federally funded project.
Part ll: Basic Eligibility Criteria
3-11 A. INCOME ELIGIBILITY AND TARGETING
Income Limits
HUD establishes income limits for all areas of the country and publishes them annually in the
Federal Register. They are based upon estimates of median family income with adjustments for
family size. The income limits are used to determine eligibility for the program and for income
targeting purposes as discussed in this section.
Definitions of the Income Limits [24 CFR 5.603(b)1
• "Low-income family". A family whose annual income does not exceed 80 percent of the
median income for the area, adjusted for family size.
• `Very low-income family". A family whose annual income does not exceed 50 percent
of the median income for the area, adjusted for family size.
"Extremely low-income family". A family whose annual income does not exceed the
federal poverty level or 30 percent of the median income for the area, whichever
number is higher.
Area median income is determined by HUD, with adjustments for smaller and larger
families. HUD may establish income ceilings higher or lower than 30, 50, or 80 percent of
the median income for an area if HUD finds that such variations are necessary because of
unusually high or low family incomes.
Using Income Limits for Eligibility [24 CFR 982.2011
Income limits are used for eligibility only at admission. Income eligibility is determined by
comparing the annual income of an applicant to the applicable income limit for their family size. In
order to be income eligible, an applicant family must be one of the following:
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Administrative Plan Indian River County Housing Services Division
• A "very low-income family"
• A "low-income family" that has been "continuously assisted" under the 1937 Housing Act. A
family is considered to be continuously assisted if the family is already receiving assistance
under any 1937 Housing Act program at the time the family is admitted to the PHA program [24
CFR 982.4; 24 CFR 982.201(b)1
IRCHSD Policy
The PHA will consider a family to be continuously assisted if the family was leasing a unit
under any 1937 Housing Act program at the time they were selected from the PHA's waiting
list.
A low-income family that qualifies for voucher assistance as a non -purchasing
household living in HOPE 1 (public housing homeownership), HOPE 2 (multifamily
housing homeownership) developments, or other HUD -assisted multifamily
homeownership programs covered by 24 CFR 248.173
A low-income or moderate -income family that is displaced as a result of the
prepayment of a mortgage or voluntary termination of a mortgage insurance
contract on eligible low-income housing as defined in 24 CFR 248.101
HUD permits the PHA to establish additional categories of low-income families that may be
determined eligible.
IRCHSD Polio
IRCHSD has not established any additional categories of eligible low-income families.
Using Income Limits for Targeting [24 CFR 982.201]
At least 75 percent of the families admitted to the PHA's program during a PHA fiscal year must
be extremely low-income families. HUD may approve exceptions to this requirement if the PHA
demonstrates that it has made all required efforts but has been unable to attract an adequate
number of qualified extremely low-income families.
Families continuously assisted under the 1937 Housing Act and families living in eligible low-
income housing that are displaced as a result of prepayment of a mortgage or voluntary
termination of a mortgage insurance contract are not counted for income targeting purposes.
3 -II B. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS [24 CFR 5,
SUBPART El
Housing assistance is available only to individuals who are U.S. citizens, U.S. nationals (herein
referred to as citizens and nationals), or noncitizens that have eligible immigration status. At least
one family member must be a citizen, national, or noncitizen with eligible immigration status in order
for the family to qualify for any level of assistance.
All applicant families must be notified of the requirement to submit evidence of their citizenship
status when they apply. Where feasible, and in accordance with the PHA's Limited English
Proficiency Plan, the notice must be in a language that is understood by the individual if the
individual is not proficient in English.
Declaration [24 CFR 5.5081
HUD requires each family member to declare whether the individual is a citizen, a national, or an
eligible noncitizen, except those members who elect not to contend that they have eligible immigration
status. Those who elect not to contend their status are considered to be ineligible noncitizens. For
citizens, nationals and eligible noncitizens the declaration must be signed personally by the head,
spouse, cohead, and any other family member 18 or older, and by a parent or guardian for minors. The
family must identify in writing any family members who elect not to contend their immigration status
(see Ineligible Noncitizens below). No declaration is required for live-in aides, foster children, or foster
adults.
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Indian River County Housing Services Division
U.S. Citizens and Nationals
In general, citizens and nationals are required to submit only a signed declaration as verification of
their status. However, HUD regulations permit the PHA to request additional documentation of
their status, such as a passport.
IRCHSD Pol'
Family members who declare citizenship or national status will not be required to
provide additional documentation unless IRCHSD receives information indicating
that an individual's declaration may not be accurate.
Eligible Noncitizens
In addition to providing a signed declaration, those declaring eligible noncitizen status must sign a
verification consent form and cooperate with PHA efforts to verify their immigration status as
described in Chapter 7. The documentation required for establishing eligible noncitizen status varies
depending upon factors such as the date the person entered the U.S., the conditions under which
eligible immigration status has been granted, the person's age, and the date on which the family
began receiving HUD -funded assistance.
Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together
known as the Freely Associated States, or FAS, are eligible for housing assistance under section
141 of the Compacts of Free Association between the U.S. Government and the Governments of
the FAS [Public Law 106-504].
Ineligible Noncitizens
Those noncitizens who do not wish to contend their immigration status are required to have their
names listed on a noncontending family members listing, signed by the head, spouse, or cohead
(regardless of citizenship status), indicating their ineligible immigration status. The PHA is not
required to verify a family member's ineligible status and is not required to report an individual's
unlawful presence in the U.S. to the
United States Citizenship and Immigration Services (USCIS).
Providing housing assistance to noncitizen students is prohibited [24 CFR 5.5221. This prohibition
extends to the noncitizen spouse of a noncitizen student as well as to minor children who
accompany or follow to join the noncitizen student. Such prohibition does not extend to the citizen
spouse of a noncitizen student or to the children of the citizen spouse and noncitizen student. Such
a family is eligible for prorated assistance as a mixed family.
Mixed Families
A family is eligible for assistance as long as at least one member is a citizen, national, or eligible
noncitizen. Families that include eligible and ineligible individuals are considered mixed families.
Such families will be given notice that their assistance will be prorated, and that they may request a
hearing if they contest this determination. See Chapter 6 for a discussion of how rents are prorated,
and Chapter 16 for a discussion of informal hearing procedures.
Ineligible Families i24 CFR 5.514(d), (e), and (fl]
A PHA may elect to provide assistance to a family before the verification of the eligibility of the
individual or one family member [24 CFR 5.512(b)]. Otherwise, no individual or family may be
assisted prior to the affirmative establishment by the PHA that the individual or at least one family
member is
eligible. Verification of eligibility for this purpose occurs when the individual or family members
have submitted documentation to the PHA in accordance with program requirements2j 4 CFR
5.512(a)].
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Administrative Plan Indian River C- my Housing Services Division
IRCHSD F2iicy
IRCHSD will not provide assistance to a family before the verification of at least one family
member.
When IRCHSD determines that an applicant family does not include any citizens, nationals,
or eligible noncitizens, following the verification process, the family will be sent a written
notice within 10 business days of the determination.
The notice will explain the reasons for the denial of assistance, that the family may be
eligible for proration of assistance and will advise the family of its right to request an appeal
to the United States Citizenship and Immigration Services (USCIS), or to request an
informal hearing with IRCHSD. The informal hearing with IRCHSD may be requested in lieu
of the USCIS appeal, or at the conclusion of the USCIS appeal process. The notice must
also inform the applicant family that assistance may not be delayed until the conclusion of
the USCIS appeal process, but that it may be delayed pending the completion of the
informal hearing process.
Informal hearing procedures are contained in Chapter 16.
Non -Citizen Students
IRCHSD Policy
A "non -citizen student" is any alien who:
1. Has a residence in a foreign country that they intend to maintain;
2. Is a bona fide student qualified to pursue a full course of study; and
3. Is admitted to the United States temporarily and solely for purposes of pursuing
such course of study at an established institution of learning or other
recognized place of study in the United States, particularly designated by such
alien and approved by the Attorney General as provided in 42 U.S.C.
1436a(c)(2).
Timeframe for Determination of Citizenship Status [24 CFR 5.508(g)]
For new occupants joining the assisted family, the PHA must verify status at the first interim or
regular reexamination following the person's occupancy, whichever comes first.
If an individual qualifies for a time extension for the submission of required documents, the PHA
must grant such an extension for no more than 30 days [24 CFR 5.508(h)].
Each family member is required to submit evidence of eligible status only one time during
continuous occupancy.
IRCHSD Policy
IRCHSD will verify the citizenship status of applicants at the time other eligibility
factors are determined.
3 -II C. SOCIAL SECURITY NUMBERS [24 CFR 5.216 AND 5.218, NOTICE PIH
2012-101
The applicant and all members of the applicant's household must disclose the complete and
accurate social security number (SSN) assigned to each household member, and the
documentation necessary to verify each SSN. Such documentation must be provided and verified
prior to admission. If a child under age 6 has been added to an applicant family within 6 months
prior to voucher issuance, an otherwise eligible family may be admitted to the program and must
disclose and document the child's SSN within 90 days of the effective date of the initial HAP
contract. A detailed discussion of acceptable documentation is provided in Chapter 7. These
requirements do not apply to noncitizens who do not contend eligible immigration status.
In addition, each participant who has not previously disclosed an SSN, has previously disclosed an
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SSN that HUD or the SSA determined was invalid, or has been issued a new SSN must submit
their complete and accurate SSN and the documentation required to verify the SSN at the time of
the next interim or annual reexamination or recertification. Participants age 62 or older as of
January 31, 2010, whose determination of eligibility was begun before January 31, 2010, are
exempt from this requirement and remain exempt even if they move to a new assisted unit.
The PHA must deny assistance to an applicant family if they do not meet the SSN
disclosure and documentation requirements contained in 24 CFR 5.216.
3 -II D. FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 5.230;
HCV GB,P. 5-13]
For some programs, HUD requires each adult family member, and the head of household, spouse,
or cohead, regardless of age, to sign form HUD -9886, Authorization for the Release of
Information/Privacy Act Notice, and other consent forms as needed to collect information relevant to
the family's eligibility and level of assistance. Chapter 7 provides detailed information concerning
the consent forms and verification requirements.
The PHA must deny admission to the program if any member of the applicant family fails to sign
and submit the consent forms for obtaining information in accordance with 24 CFR 5, Subparts
B and F [24 CFR 982.552(b)(3)].
IRCHSD Roiicy
Applicants who wish to have case -managers, advocates or other intermediaries act on their
behalf must sign a release of information authorizing IRCHSD staff to discuss their
application information with the intermediary.
3 -II E. TRANSLATORS AND ADVOCATES
IRCHSD Policy
IRCHSD staff may assume that translators and advocates, including adult family members,
who accompany applicants and participants in person, have the applicants' or participants'
permission to witness confidential conversations and documents.
IRCHSD staff may assume that translators and advocates who telephone on behalf of an
applicant or participant and represent that the applicant or participant is there with them at
the time of the telephone call, have the applicants' or participants' permission to conduct
the conversation.
Staff shall exercise caution in conducting such conversations on the telephone, and may
request additional personal identifiers from the caller to verify that they are in fact present in
the room with the applicant or participant, or refrain from disclosing highly sensitive
information (e.g., denial based on a criminal record, or response to a request for an
accommodation based on the presence of a disability), offering instead to send a letter with
the requested information to the applicant or participant directly.
IRCHSD staff shall not discuss personal information about an applicant or participant with
an advocate or family member when the applicant or participant is not present, without a
written, signed and dated request by the applicant or participant giving IRCHSD
permission to do so. The written request shall identify the specific persons or agency with
whom the personal information may be discussed.
IRCHSD staff shall exercise caution in conducting personal conversations on the telephone
with advocates and may take such steps as are reasonably necessary to confirm the identity
of the advocate.
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3 -II F. RESPONDING TO REQUESTS FOR STATUS UPDATES
IRCHSD Policy
IRCHSD staff will take reasonable precautions to safeguard the personal information of
applicants and participants, without creating barriers that make it more difficult for
applicants and participants to communicate with HCV.
Individuals who visit IRCHSD in person on their own behalf will be presumed to be who
they say they are if they can provide personal identification.
Personal identification will be required of any walk-in visitor who is requesting information
relevant to any HCV application or participating household to confirm they are a legitimate
concerned party. Individuals must be able to show positive identification of who they are
representing themselves to be (participant, landlord, or service provider with release of
information on record) before IRCHSD staff will acknowledge status of any program
participation or share any information (verbally, electronically, or in written documentation)
Acceptable forms of personal identification include the following
1.State driver's license;
2.State-issued picture identification;
3. Photo identification bank card with signature on back; and
4. Other photo identification of official entity such as a school or business.
Individuals who call IRCHSD to request status updates will be presumed to be who they say
they are if they can provide an address, birth date, and/or Social Security Number that
matches the information in IRCHSD's records.
3 -II G. STUDENTS ENROLLED IN INSTITUTIONS OF HIGHER EDUCATION
[24 CFR 5.612, FR NOTICE 4/10/06, FR NOTICE 9/21/16]
Section 327 of Public Law 109-115 and the implementing regulation at 24 CFR 5.612 established
new restrictions on the eligibility of certain students (both part- and full-time) who are enrolled in
institutions of higher education.
If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is
not married, does not have a dependent child, and is not a person with disabilities receiving HCV
assistance as of November 30, 2005, the student's eligibility must be examined along with the
income eligibility of the student's parents. In these cases, both the student and the student's
parents must be income eligible for the student to receive HCV assistance. If, however, a student in
these circumstances is determined independent from their parents in accordance with PHA policy,
the income of the student's parents will not be considered in determining the student's eligibility.
The new law does not apply to students who reside with parents who are applying to receive
HCV assistance. It is limited to students who are seeking assistance on their own,
separately from their parents.
Definitions
In determining whether and how the new eligibility restrictions apply to a student, the PHA will rely
on the
following definitions [FR Notice 4/10/06, FR Notice 9/21/161.
Dependent Child
In the context of the student eligibility restrictions, dependent child means a dependent child of a
student enrolled in an institution of higher education. The dependent child must also meet the
definition of dependent in 24 CFR 5.603, which states that the dependent must be a member of the
assisted family, other than the head of household or spouse, who is under 18 years of age, or is a
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Administrative Plan Indian,RIVOIrCounty Housing Services Division
person with a disability or is a full-time student. Foster children and foster adults are not considered
dependents.
Independent Student
IRCHSD Policy
IRCHSD will consider a student "independent' from their parents and the parents' income
will not be considered when determining the student's eligibility if the following four criteria
are all met:
1. The individual is of legal contract age under state law.
2. The individual has established a household separate from their parents for at
least one year prior to application for occupancy or the individual meets the
U.S. Department of Education's definition of independent student.
To be considered an independent student according to the Department of
Education, a student must meet one or more of the following criteria:
o The individual is at least 24 years old by December 31 of the award
year for which aid is sought
o The individual is an orphan, in foster care, or a ward of the court, or was
an orphan, in foster care, or ward of the court at any time when the
individual was 13 years of age or older
o The individual is, or was immediately prior to attaining the age of
majority, an emancipated minor or in legal guardianship as
determined by a court of competent jurisdiction in the individual's state
of legal residence
o The individual is a veteran of the U.S. Armed Forces or is currently
serving on active duty in the Armed Forces for other than training
purposes
o The individual is a graduate or professional student
o The individual is married
o The individual has one or more legal dependent other than a spouse
(for example, dependent children or an elderly dependent parent)
o The individual has been verified during the school year in which the
application is submitted as either an unaccompanied youth who is a
homeless child or youth, or as unaccompanied, at risk of homelessness,
and self-supporting by:
• A local educational agency homeless liaison
• The director of a program funded under subtitle B of title IV of the
McKinney-Vento Homeless Assistance Act or a designee of the
director
• A financial aid administrator
o The individual is a student for whom a financial aid administrator
makes a documented determination of independence by reason of
other unusual circumstances
3. The individual was not claimed as a dependent by their parents pursuant
to IRS regulations, as demonstrated on the parents' most recent tax
forms.
4. The individual provides a certification of the amount of financial assistance that will
be provided by their parents. This certification must be signed by the individual
providing the support and must be submitted even if no assistance is being
provided.
Institution of Higher Education
The PHA will use the statutory definition under section 102 of the Higher Education Act of 1965 to
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Administrative Plan Indian River County Housing Services Division
determine whether a student is attending an `Institution of higher education" (see Exhibit 3-2).
Parents
IRCHSD Policy
For purposes of student eligibility restrictions, the definition of "parents" includes biological
or adoptive parents, stepparents (as long as they are currently married to the biological or
adoptive parent), and guardians (e.g., grandparents, aunt/uncle, godparents, etc.).
Person with Disabilities
The PHA will use the statutory definition under section 3(b)(3)(E) of the 1937 Act to determine
whether a
student is a "person with disabilities" (see Exhibit 3-1).
Veteran
IRCHSD Folic
A "veteran" is a person who served in the active military, naval, or air service and
who was discharged or released from such service under conditions other than
dishonorable.
Vulnerable Youth
IRCHSD Policy
If IRCHSD determines that an individual meets the definition of a "vulnerable youth" such a
determination is all that is necessary to determine that the person is an "independent
student" for the purposes of using only the student's income for determining eligibility for
assistance.
IRCHSD will verify that a student meets the above criteria in accordance with the policies
in Section 7-II.E.
Determining Student Eligibility
If a student is applying for assistance on their own, apart from their parents, the PHA must
determine whether the student is subject to the eligibility restrictions contained in 24 CFR 5.612.
If the student is subject to those restrictions, the PHA must ensure that: (1) the student is
individually eligible for the program, (2) either the student is independent from their parents or
the student's parents are income eligible for the program, and (3) the "family" with which the
student is applying is collectively eligible for the program.
1I CHSD,.. c is
For any student who is subject to the 5.612 restrictions, IRCHSD will:
1. Follow its usual policies in determining whether the student individually
and the student's "family' collectively are eligible for the program
2. Determine whether the student is independent from their parents in accordance
with the definition of "independent student' in this section
3. Follow the policies below, if applicable, in determining whether the student's
parents are income eligible for the program
4. If IRCHSD determines that the student, the student's parents (if applicable), or the
student's "family' is not eligible, IRCHSD will send a notice of denial in accordance
with the policies in Section 3-III1, and the applicant family will have the right to
request an informal review in accordance with the policies in Section 16-III.B.
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Administrative Plan Indian River County Housing Services Division
Determining Parental Income Eligibility
IRCHSD Policy
For any student who is subject to the 5.612 restrictions and who does not satisfy the
definition of "independent student' in this section, IRCHSD will determine the income
eligibility of the student's parents as follows:
• If the student's parents are married and living together, IRCHSD will obtain a
joint income declaration and certification of joint income from the parents.
• If the student's parent is widowed or single, IRCHSD will obtain an income
declaration and certification of income from that parent.
• If the student's parents are divorced or separated, IRCHSD will obtain an income
declaration and certification of income from each parent.
• If the student has been living with one of their parents and has not had contact
with or does not know where to contact their other parent, IRCHSD will require the
student to submit a certification under penalty of perjury describing the
circumstances and stating that the student does not receive financial assistance
from the other parent. IRCHSD will then obtain an income declaration and
certification of income from the parent with whom the student has been living or
had contact.
In determining the income eligibility of the student's parents, IRCHSD will use the income
limits for the jurisdiction in which the parents live.
3 -II H. EIV SYSTEM SEARCHES [NOTICE PIH 2018-18; EIV FAQS; EIV
SYSTEM TRAINING 9/30/20]
Existing Tenant Search
Prior to admission to the program, the PHA must search for all household members using the EIV
Existing Tenant Search module. The PHA must review the reports for any SSA matches involving
another PHA or a multifamily entity and follow up on any issues identified. The PHA must provide
the family with a copy of the Existing Tenant Search results if requested. At no time may any family
member receive duplicative assistance.
If the tenant is a new admission to the PHA, and a match is identified at a multifamily property, the
PHA must report the program admission date to the multifamily property and document the
notification in the tenant file. The family must provide documentation of move -out from the assisted
unit, as applicable.
IRCHSD Policy
IRCHSD will contact the PHA or owner identified in the report to confirm that the family
has moved out of the unit and obtain documentation of current tenancy status, including a
form HUD -50058 or 50059, as applicable, showing an end of participation. IRCHSD will
only approve assistance contingent upon the move -out from the currently occupied
assisted unit.
Debts Owed to PHAs and Terminations
All adult household members must sign the form HUD -52675 Debts Owed to Public Housing
and Terminations. Prior to admission to the program, the PHA must search for each adult family
member in the Debts Owed to PHAs and Terminations module.
If a current or former tenant disputes the information in the module, the tenant should contact the
PHA directly in writing to dispute the information and provide any documentation that supports
the dispute. If the PHA determines that the disputed information is incorrect, the PHA will update
or delete the record from EIV. Former tenants may dispute debt and termination information for a
period of up to three years from the end of participation date in the program.
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Administrative Plan Indian River County Housing Services Division
IRCH D P2lic
IRCHSD will require each adult household member to sign the form HUD -52675 once at
the eligibility determination. Any new members added to the household after admission and
any minor members who become adults while a part of the household will be required to
sign the form HUD -52675 prior to being added to the household.
IRCHSD will search the Debts Owed to PHAs and Terminations module as part of the
eligibility determination for new households and as part of the screening process for any
household members added after the household is admitted to the program. If any
information on debts or terminations is returned by the search, the PHA will determine if
this information warrants a denial in accordance with the policies in Part III of this chapter.
Income and Income Validation Tool (IVT) Reports
For each new admission, the PHA is required to review the EIV Income and IVT Reports to confirm
and validate family reported income within 120 days of the IMS/PIC submission date of the new
admission. The PHA must print and maintain copies of the EIV Income and IVT reports in the tenant
file and resolve any discrepancies with the family within 60 days of the EIV Income or IVT report
dates.
Part III: Denial of Assistance
3 -III A. OVERVIEW
A family that does not meet the eligibility criteria discussed in Parts I and II, must be denied
assistance. In this section we will discuss other situations and circumstances in which denial of
assistance is mandatory for the PHA, and those in which denial of assistance is optional for the
PHA.
Forms of Denial 1*24 CFR 982.552(a)(2); HCV GB, p. 5-35]
Denial of assistance includes any of the following:
• Not placing the family's name on the waiting list
• Denying or withdrawing a voucher
• Not approving a request for tenancy or refusing to enter into a HAP contract
• Refusing to process a request for or to provide assistance under portability procedures
Prohibited Reasons for Denial of Program Assistance t24 CFR 982.202(b), 24 CFR 5.2005(b)]
HUD rules prohibit denial of program assistance to the program based on any of the following
criteria:
• Age, disability, race, color, religion, sex, or national origin (See Chapter 2 for
additional information about fair housing and equal opportunity requirements.)
• Where a family lives prior to admission to the program
• Where the family will live with assistance under the program. Although eligibility is not
affected by where the family will live, there may be restrictions on the family's ability to
move outside the PHA's jurisdiction under portability. (See Chapter 10.)
• Whether members of the family are unwed parents, recipients of public
assistance, or children born out of wedlock
• Whether the family includes children
• Whether a family decides to participate in a family self-sufficiency program
• Whether or not a qualified applicant is or has been a victim of domestic
violence, dating violence, sexual assault, or stalking if the applicant is
otherwise qualified for assistance (See section 3-III.G.)
3 -III B. MANDATORY DENIAL OF ASSISTANCE
HUD requires the PHA to deny assistance in the following cases:
a) Any member of the household has been evicted from federally assisted housing in the last
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Administrative Plan Indian River County Housing Services Division
3 years for drug-related criminal activity. HUD permits, but does not require, the PHA to
admit an otherwise -eligible family if the household member has completed a PHA -
approved drug rehabilitation program or the circumstances which led to eviction no longer
exist (e.g., the person involved in the criminal activity no longer lives in the household).
IRCHSD Policy
IRCHSD may consider whether such household members have successfully completed
a supervised drug or alcohol rehabilitation program. For this purpose, IRCHSD may
require evidence of the household member's successful completion of a supervised
drug or alcohol rehabilitation program.
IRCHSD may also admit the household if it determines that the circumstances leading to
the eviction no longer exist (for example, the criminal household member has died or is
imprisoned).
b) The PHA determines that any household member is currently engaged in the use of
illegal drugs.
IRCHSD Policy
"Currently engaged in" is defined as any use of illegal drugs during the previous six
months.
c) The PHA has reasonable cause to believe that any household member's current use or
pattern of use of illegal drugs, or current abuse or pattern of abuse of alcohol, may threaten
the health, safety, or right to peaceful enjoyment of the premises by other residents.
IRCHSD Policy
In determining reasonable cause, IRCHSD will consider all credible evidence, including but
not limited to, any record of convictions or evictions of household members related to the
use of illegal drugs or the abuse of alcohol. A conviction will be given more weight than an
arrest. IRCHSD will also consider evidence from treatment providers or community-based
organizations providing services to household members.
A waiver of this may be granted if the family can demonstrate to the Housing
Services Division satisfaction that the family member is no longer engaging in
abuse of alcohol and:
i. Has successfully completed a supervised alcohol treatment program;
ii. Has otherwise been treatment successfully; or
iii. Is participating in a supervised alcohol treatment program.
d) Any household member has ever been convicted of drug-related criminal activity for the
production or manufacture of methamphetamine on the premises of federally
assisted housing
e) Any household member is subject to a lifetime registration requirement under a state sex
offender registration program
IRCHSD Policy
IRCHSD shall further deny admission to sex offenders convicted in Washington State of a
Class A felony and whose registration requirement shall therefore continue indefinitely
pursuant to RCW 9A.44.140.
3-111 C. OTHER PERMITTED REASONS FOR DENIAL OF ASSISTANCE
HUD permits, but does not require, the PHA to deny assistance for the reasons discussed
in this section.
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Administrative Plan Indian River County Housing Services Division
HUD authorizes the PHA to deny assistance based on the family's previous behavior in
assisted housing.
PHAs are not permitted to deny assistance to a family because the family previously failed to
meet its obligations under the Family Self -Sufficiency (FSS) program [24 CFR 984.101(d)].
IRCHSD Policy
IRCHSD may deny admission to a family if any family member:
• The family does not provide information that IRCHSD or HUD determines is
necessary in the administration of the program.
• The family does not provide complete and true information to IRCHSD.
• Has been previously assisted under the program and was terminated for
violating any family obligation in the last 5 years;
• Any family member has been evicted from federally assisted housing for any
reason in the last 5 years;
• Any family member has ever committed fraud, bribery, or any other corrupt or
criminal act in connection with any federal housing program
• The family owes rent or other amounts to any PHA in connection with Section 8 or
other public housing assistance under the 1937 Act unless the family repays the full
amount of the debt prior to being selected from the waiting list.
• If the family has not reimbursed any PHA in full for amounts paid to an owner
under a HAP contract for rent, damages to the unit, or other amounts owed by the
family under the lease, unless the family repays the full amount of the debt prior to
being selected from the waiting list.
• When denying admission due to family debts as shown in HUD's EIV system,
the IRCHSD will provide the family with a copy of the EIV Debt Owed to PHA
and Termination report.
• If the family wishes to dispute the information in the report, the family must contact
the PHA that entered the information in EIV in writing, explaining why EIV
information is disputed. The family must also provide a copy of the letter and all
applicable verification to IRCHSD to support the family's claim. IRCHSD will
consider the information provided by the family prior to issuing a notice of denial.
• The family has breached the terms of a repayment agreement entered into with
IRCHSD, unless the family repays the full amount of the debt covered in the
repayment agreement prior to being selected from the waiting list.
• A family member has engaged in or threatened abusive or violent behavior
toward IRCHSD or other housing services division personnel.
"Abusive or violent behavior" includes verbal as well as physical abuse or violence.
Use of racial epithets or other language, written or oral, that is customarily used to
intimidate, may be considered abusive or violent behavior.
"Threatening" refers to oral or written threats, or physical gestures, that
communicate intent to abuse or commit violence.
In making its decision to deny assistance, the IRCHSD Staff will consider the factors
discussed in Section 3-III.E. Upon consideration of such factors, they may, on a case-by-
case basis, decide not to deny assistance.
3 -III D. SCREENING
Screening for Eligibility
PHAs are authorized to obtain criminal conviction records from law enforcement agencies to
screen applicants for admission to the PHA program. This authority assists the PHA in complying
with HUD requirements and PHA policies to deny assistance to applicants who are engaging in or
have engaged in certain criminal activities. In order to obtain access to the records the PHA must
require every applicant family to submit a consent form signed by each adult household member
[24 CFR 5.9031.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Ea iicy
IRCHSD will require the applicant to have a criminal background check completed through
local law enforcement for every adult household member.
PHAs are required to perform criminal background checks necessary to determine whether any
household member is subject to a lifetime registration requirement under a state sex offender
program in the state where the housing is located, as well as in any other state where a household
member is known to have resided [24 CFR 982.553(a)(2)(i)].
IRCHSD Policv
IRCHSD will use the Dru Sjodin National Sex Offender database to screen applicants for
admission. Additionally, IRCHSD staff must ask whether the applicant, or any member of
the applicant's household, is subject to a lifetime registered sex offender registration
requirement in any state [Notice PIH 2012-28].
If the PHA proposes to deny assistance based on a criminal record or on lifetime sex offender
registration information, the PHA must notify the household of the proposed action and must
provide the subject of the record and the applicant a copy of the record and an opportunity to
dispute the accuracy and relevance of the information prior to a denial of admission. [24 CFR
5.903(f) and 5.905(d)].
Screening for Suitability as a Tenant [24 CFR 982.3071
The PHA has no liability or responsibility to the owner for the family's behavior or suitability for
tenancy. IRCHSD has the authority to conduct additional screening to determine whether an
applicant is likely to be a suitable tenant.
IRCHSD Policv
IRCHSD does not screen for suitability for tenancy. Screening for suitability is the
property owner's responsibility. IRCHSD has no responsibility for the family's behavior or
conduct as tenants and has no liability to property owners or others for the acts of
Housing Choice Voucher Program tenants.
The owner is responsible for the screening and selection of any family that will occupy the owner's
unit. Before approving a tenancy, the PHA will inform the owner that screening and selection for
tenancy is the owner's responsibility.
An owner may consider a family's history with respect to factors such as: payment of rent and
utilities, caring for a unit and premises, respecting the rights of other residents to the peaceful
enjoyment of their housing, criminal activity that is a threat to the health, safety or property of
others, and compliance with other essential conditions of tenancy.
HUD requires the PHA to provide prospective owners with the family's current and prior address (as
shown in PHA records) and the name and address (if known) of the owner at the family's current and
prior addresses. HUD permits the PHA to provide owners with additional information, as long as
families are notified that the information will be provided, and the same type of information is provided
to all owners.
The PHA may not disclose to the owner any confidential information provided to the PHA by the
family in response to a PHA request for documentation of domestic violence, dating violence,
sexual assault, or stalking except at the written request or with the written consent of the individual
providing the documentation [24 CFR 5.2007(a)(4)].
IRCHSD Policv
IRCHSD will inform owners of their responsibility to screen prospective tenants and
will provide owners with the required known name and address information, at the
time of the initial HQS inspection or before. IRCHSD will not provide any additional
information to the owner, such as tenancy history or criminal history, etc.
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Administrative Plan Indian River County Housing Services Division
3-I11 E. CRITERIA FOR DECIDING TO DENY ASSISTANCE
Evidence 1`24 CFR 982.553(c)]
IRCHSD Policy
IRCHSD will use the concept of the preponderance of the evidence as the standard for
making all admission decisions.
"Preponderance of the evidence" is defined as evidence which is of greater weight or
more convincing than the evidence which is offered in opposition to it; that is, evidence
which as a whole show that the fact sought to be proved is more probable than not.
Preponderance of the evidence may not be determined by the number of witnesses, but
by the greater weight of all evidence.
"Credible evidence" may be obtained from police and/or court records. Testimony from
neighbors, when combined with other factual evidence can be considered credible
evidence. Other credible evidence includes documentation of drug raids or arrest warrants.
Consideration of Circumstances 1`24 CFR 982.552(c)(2)1
HUD authorizes the PHA to consider all relevant circumstances when deciding whether to
deny assistance based on a family's past history except in the situations for which denial of
assistance is mandatory (see Section 3-III.13).
IRCHSD Policy
Will consider the following facts and circumstances prior to making its decision:
• The seriousness of the case, especially with respect to how it would affect other
residents' safety or property
• The effects that denial of assistance may have on other members of the family who
were not involved in the action or failure to act
• The extent of participation or culpability of individual family members, including
whether the culpable family member is a minor or a person with disabilities, or
(as discussed further in section 3-III.G) a victim of domestic violence, dating
violence, sexual assault, or stalking
• The length of time since the violation occurred, including the age of the individual at
the time of the conduct, as well as the family's recent history and the likelihood of
favorable conduct in the future
While a record of arrest(s) will not be used as the basis for denial, an arrest may, however, trigger
an investigation to determine whether the applicant actually engaged in disqualifying criminal
activity. As part of its investigation, the PHA may obtain the police report associated with the arrest
and consider the reported circumstances of the arrest. The PHA may also consider:
• Any statements made by witnesses or the applicant not included in the police report
• Whether criminal charges were filed
• Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or
ultimately resulted in an acquittal
• Any other evidence relevant to determining whether or not the applicant
engaged in disqualifying activity
Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety
and/or property.
In the case of drug or alcohol abuse, the PHA will consider whether the culpable household member
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Administrative Plan Indian River County Housing Services Division
is participating in or has successfully completed a supervised drug or alcohol rehabilitation program
or has otherwise been rehabilitated successfully.
The PHA will require the applicant to submit evidence of the household member's current
participation in or successful completion of a supervised drug or alcohol rehabilitation program, or
evidence of otherwise having been rehabilitated successfully.
Removal of a Family Member's Name from the Application
Should the PHA's screening process reveal that an applicant's household includes an individual
subject to state lifetime registered sex offender registration, the PHA must offer the family the
opportunity to remove the ineligible family member from the household. If the family is unwilling to
remove that individual from the household, the PHA must deny admission to the family
[Notice PIH 2012-281.
For other criminal activity, the PHA may permit the family to exclude the culpable family
members as a condition of eligibility. [24 CFR 982.552(c)(2)(ii)].
IRCHSD Policy
As a condition of receiving assistance, a family may agree to remove the culpable family
member from the application. In such instances, the head of household must certify that the
family members will not be permitted to visit, stay as a guest, or reside in the assisted unit.
After admission to the program, the family must present evidence of the former family
member's current address upon IRCHSD request.
Reasonable Accommodation [24 CFR 982.552(c)(2)(iv)]
If the family includes a person with disabilities, the PHA decision concerning denial of admission is
subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.
iRCHSD Poli
If the family indicates that the behavior of a family member with a disability is the reason
for the proposed denial of assistance, IRCHSD will determine whether the behavior is
related to the stated disability. If so, upon the family's request, IRCHSD will determine
whether admitting the family as a reasonable accommodation is appropriate. IRCHSD will
only consider accommodations that can reasonably be expected to address the behavior
that is the basis of the proposed denial of assistance. See Chapter 2 for a discussion of
reasonable accommodation.
Screening for Families Exercising Portability
IRCHSD Policy
IRCHSD shall use the HUD -required denials, IRCHSD participant history requirements, and
criminal history requirements described above to screen families seeking to port -in to
IRCHSD's Housing Choice Voucher program.
3 -III F. NOTICE OF ELIGIBILITY OR DENIAL
If the family is eligible for assistance, the PHA will notify the family in writing and schedule a tenant
briefing, as discussed in Chapter 5. If the PHA determines that a family is not eligible for the
program for any reason, the family must be notified promptly. The notice must describe: (1) the
reasons for which assistance has been denied, (2) the family's right to an informal review, and (3)
the process for obtaining the informal review [24 CFR 982.554 (a)]. See Chapter 16, for informal
review policies and procedures.
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Administrative Plan Indian River County Housing Services Division
Notice of Denial/Procedure for Requesting Informal Review
IRCHSD2 is
When IRCHSD determines that an applicant is ineligible, the applicant must be
notified of the decision in writing within 10 business days of the determination. The
notice must state:
1. The reason(s) for ineligibility.
2. A statement that the applicant may request an informal review if they
disagree with the decision;
3. The procedure for requesting a review if the applicant does not agree with
the decision; and
4. The deadline for requesting a review.
If a PHA uses a criminal record or sex offender registration information obtained under 24 CFR 5,
Subpart J, as the basis of a denial, a copy of the record must precede the notice to deny, with an
opportunity for the applicant to dispute the accuracy and relevance of the information before the
PHA can move to deny the application. In addition, a copy of the record must be provided to the
subject of the record [24 CFR 5.903(f) and 5.905(d)]. The PHA must give the family an opportunity
to dispute the accuracy and relevance of that record, in the informal review process in accordance
with program requirements [24 CFR 982.553(d)].
IRCHSD Policy
If IRCHSD obtains criminal record information from a State or local agency showing that a
household members have been convicted of a crime relevant to applicant screening,
IRCHSD will notify the household of the proposed action to be based on the information
and will provide the subject of the record and the applicant a copy of such information, and
an opportunity to dispute the accuracy and relevance of the information. This opportunity
will be provided before a denial of admission on the basis of such information (24 CFR
5.903(f)).
Notice requirements related to denying assistance to noncitizens are contained in Section 3-11.13.
Notice policies related to denying admission to applicants who may be victims of domestic violence,
dating violence, sexual assault or stalking are contained in Section 3-III.G.
3-111 G. PROHIBITION AGAINST DENIAL OF ASSISTANCE TO VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, AND
STALKING
The Violence against Women Act of 2013 (VAWA) and the HUD regulation at 24 CFR 5.2005(b)
prohibit PHAs from denying an applicant admission to the PHA program on the basis or as a
direct result of the fact that the applicant is or has been a victim of domestic violence, dating
violence, sexual assault or stalking, if the applicant otherwise qualifies for assistance or
admission.
Definitions of key terms used in VAWA are provided in section 16 -IX of this plan, where general
VAWA requirements and policies pertaining to notification, documentation, and confidentiality are
also located.
Notification
VAWA 2013 expanded notification requirements to include the obligation for PHAs to provide
applicants who are denied assistance with a VAWA Notice of Occupancy Rights (form HUD -
5380) and a domestic violence certification form (HUD -5382) at the time the applicant is denied.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
IRCHSD acknowledges that a victim of domestic violence, dating violence, sexual assault,
or stalking may have an unfavorable history (e.g., a poor credit history, poor rental history,
a record of previous damage to an apartment, a prior arrest record) due to adverse factors
that would warrant denial under IRCHSD's policies.
While IRCHSD is not required to identify whether adverse factors that resulted in the
applicant's denial are a result of domestic violence, dating violence, sexual assault, or
stalking, the applicant may inform IRCHSD that their status as a victim is directly related to
the grounds for the denial. IRCHSD will request that the applicant provide enough
information to IRCHSD to allow IRCHSD to make an objectively reasonable determination,
based on all circumstances, whether the adverse factor is a direct result of their status as a
victim.
IRCHSD will include in its notice of denial the VAWA information described in section 16-
IX.0 of this plan as well as including a copy of the form HUD -5382. IRCHSD will request in
writing that an applicant wishing to claim protection under VAWA notify IRCHSD within 14
business days.
Victim Documentation [24 CFR 5.2007]
IRCHSD Policy
If an applicant claims the protection against denial of assistance that VAWA provides to
victims of domestic violence, dating violence, sexual assault or stalking, IRCHSD will
request in writing that the applicant provide documentation supporting the claim in
accordance with section 16 -IX. D of this plan.
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Administrative Plan Indian River County lousing Services Division
Exhibit 3-1: Detailed Definitions Related to Disabilities
Person with Disabilities [24 CFR 5.4031
The term person with disabilities means a person who has or is perceived to have any of the
following types of conditions:
• Has a disability, as defined in 42 U.S.C. Section 423(d)(1)(A), which reads:
Inability to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be expected to result in death
or which has lasted or can be expected to last for a continuous period of not less than
12 months; or
In the case of an individual who has attained the age of 55 and is blind (within the
meaning of "blindness" as defined in section 416(1)(1) of this title), inability by reason
of such blindness to engage in substantial gainful activity, requiring skills or ability
comparable to those of any gainful activity in which he has previously engaged with
some regularity and over a substantial period of time.
• Has a developmental disability as defined in the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 [42 U.S.C. 15002(8)], which defines developmental disability
in functional terms as follows:
(A) In General
The term "developmental disability" means a severe, chronic disability of an
individual that:
i. is attributable to a mental or physical impairment or
combination of mental and physical impairments;
ii. is manifested before the individual attains age 22;
iii. is likely to continue indefinitely;
iv. results in substantial functional limitations in 3 or more of the
following areas of major life activity: (1) Self-care, (II) Receptive
and expressive language, (III) Learning, (IV) Mobility, (V) Self-
direction, (VI) Capacity for independent living, (VII) Economic self-
sufficiency; and
V. reflects the individual's need for a combination and sequence of
special, interdisciplinary, or generic services, individualized
supports, or other forms of assistance that are of lifelong or
extended duration and are individually planned and coordinated.
(B) Infants and Young Children
An individual from birth to age 9, inclusive, who has a substantial developmental
delay or specific congenital or acquired condition, may be considered to have a
developmental disability without meeting 3 or more of the criteria described in
clauses (i) through (v) of subparagraph (A) if the individual, without services and
supports, has a high probability of meeting those criteria later in life.
• Has a physical, mental, or emotional impairment that is expected to be of long -continued and
indefinite duration; substantially impedes their ability to live independently and is of such a
nature that the ability to live independently could be improved by more suitable housing
conditions.
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Indian River County Housing Services Division
People with the acquired immunodeficiency syndrome (AIDS) or any conditions arising from the
etiologic agent for AIDS are not excluded from this definition.
A person whose disability is based solely on any drug or alcohol dependence does not
qualify as a person with disabilities for the purposes of this program.
For purposes of reasonable accommodation and program accessibility for persons with
disabilities, the term person with disabilities refers to an individual with handicaps.
Individual with Handicaps [24 CFR 8.3]
Individual with handicaps means any person who has a physical or mental impairment that
substantially limits one or more major life activities; has a record of such an impairment; or is
regarded as having such an impairment. The term does not include any individual who is an
alcoholic or drug abuser whose current use of alcohol or drugs prevents the individual from
participating in the program or activity in question, or whose participation, by reason of such
current alcohol or drug abuse, would constitute a direct threat to property or the safety of others.
As used in this definition, the phrase:
Physical or mental impairment includes:
a. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss
affecting one or more of the following body systems: neurological;
musculoskeletal; special sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin;
and endocrine; or
Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
physical or mental impairment includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy,
autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, drug addiction and alcoholism.
2. Major life activities means functions such as caring for one's self, performing manual
tasks, walking, seeing, hearing, speaking, breathing, learning and working.
3. Has a record of such an impairment means has a history of, or has been misclassified as
having, a mental or physical impairment that substantially limits one or more major life
activities.
Is regarded as having an impairment means:
Has a physical or mental impairment that does not substantially limit one or more
major life activities but that is treated by a recipient as constituting such a
limitation;
Has a physical or mental impairment that substantially limits one or more
major life activities only as a result of the attitudes of others toward such
impairment; or
c. Has none of the impairments defined in paragraph (1) of this section but is
treated by a recipient as having such an impairment.
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Administrative Plan Indian River County Housing Services Division
Exhibit 3-2: Definition of Institution of Higher Education
[20 U.S.0 1001 and 10021
Eligibility of Students for Assisted Housing Under Section 8 of the U.S. Housing Act of
1937; Supplementary Guidance; Notice [Federal Register, April 10, 2006]
Institution of Higher Education shall have the meaning given this term in the Higher Education Act
of 1965 in 20 U.S.C. 1001 and 1002.
Definition of "Institution of Higher Education" From 20 U.S.C. 1001
(a) Institution of higher education. For purposes of this chapter, other than subchapter IV and part
C of subchapter I of chapter 34 of Title 42, the term "institution of higher education" means an
educational institution in any State that
(1) Admits as regular students only persons having a certificate of graduation
from a school providing secondary education, or the recognized equivalent of such a
certificate;
(2) Is legally authorized within such State to provide a program of
education beyond secondary education;
(3) Provides an educational program for which the institution awards a bachelor's
degree or provides not less than a 2 -year program that is acceptable for full credit toward
such a degree;
(4) Is a public or other nonprofit institution; and
(5) Is accredited by a nationally recognized accrediting agency or association, or if not
so accredited, is an institution that has been granted preaccreditation status by such an
agency or association that has been recognized by the Secretary for the granting of
preaccreditation status, and the Secretary has determined that there is satisfactory
assurance that the institution will meet the accreditation standards of such an agency or
association within a reasonable time.
(b) Additional institutions included. For purposes of this chapter, other than subchapter IV and part
C of subchapter I of chapter 34 of Title 42, the term "institution of higher education" also
includes—
(1) Any school that provides not less than a 1 -year program of training to prepare students
for gainful employment in a recognized occupation and that meets the provision of
paragraphs (1), (2), (4), and (5) of subsection (a) of this section; and
(2) A public or nonprofit private educational institution in any State that, in lieu of the
requirement in subsection (a)(1) of this section, admits as regular students persons who
are beyond the age of compulsory school attendance in the State in which the institution is
located.
(c) List of accrediting agencies. For purposes of this section and section 1002 of this title, the
Secretary shall publish a list of nationally recognized accrediting agencies or associations that the
Secretary determines, pursuant to subpart 2 of part G of subchapter IV of this chapter, to be
reliable authority as to the quality of the education or training offered.
Definition of "Institution of Higher Education" From 20 U. S. C. 1002
(a) Definition of institution of higher education for purposes of student assistance programs
(1) Inclusion of additional institutions. Subject to paragraphs (2) through (4) of this
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Administrative Plan Indian River County Housing Services Division
subsection, the term "institution of higher education" for purposes of subchapter IV of this
chapter and part C of subchapter I of chapter 34 of title 42 includes, in addition to the
institutions covered by the definition in section 1001 of this title
A. A proprietary institution of higher education (as defined in
subsection (b) of this section);
B. A postsecondary vocational institution (as defined in subsection (c) of
this section); and
C. Only for the purposes of part B of subchapter IV of this chapter, an
institution outside the United States that is comparable to an institution
of higher education as defined in section 1001 of this title and that has
been approved by the Secretary for the purpose of part B of
subchapter IV of this chapter.
(2) Institutions outside the United States
(A) In general. For the purpose of qualifying as an institution under paragraph
(1)(C), the Secretary shall establish criteria by regulation for the approval of
institutions outside the United States and for the determination that such
institutions are comparable to an institution of higher education as defined in
section 1001 of this title (except that a graduate medical school, or a veterinary
school, located outside the United States shall not be required to meet the
requirements of section 1001 (a)(4) of this title). Such criteria shall include a
requirement that a student attending such school outside the United States is
ineligible for loans made, insured, or guaranteed under part B of subchapter IV of
this chapter unless—
(i) In the case of a graduate medical school located
outside the United States—
(1)(aa) At least 60 percent of those enrolled in, and at least 60
percent of the graduates of, the graduate medical school outside
the United States were not persons described in section
1091(a)(5) of this title in the year preceding the year for which a
student is seeking a loan under part B of subchapter IV of this
chapter; and
(bb) At least 60 percent of the individuals who were students or
graduates of the graduate medical school outside the United
States or Canada (both nationals of the United States and others)
taking the examinations administered by the Educational
Commission for Foreign Medical Graduates received a passing
score in the year preceding the year for which a student is
seeking a loan under part B of subchapter IV of this chapter; or
(II) The institution has a clinical training program that was approved
by a State as of January 1, 1992; or
(ii) In the case of a veterinary school located outside the United
States that does not meet the requirements of section 1001(a)(4) of this title, the
institution's students complete their clinical training at an approved veterinary
school located in the United States.
(B) Advisory panel
(1) In general. For the purpose of qualifying as an institution under
paragraph (1)(C) of this subsection, the Secretary shall establish an
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Administrative Plan Indian River County Housing Services Division
advisory panel of medical experts that shall—
(II) Evaluate the standards of accreditation applied to applicant foreign
medical schools; and
(III) Determine the comparability of those standards to standards for
accreditation applied to United States medical schools.
(IV) Special rule if the accreditation standards described in clause (i) are
determined not to be comparable, the foreign medical school shall be
required to meet the requirements of section 1001 of this title.
(C) Failure to release information. The failure of an institution outside the United
States to provide, release, or authorize release to the Secretary of such
information as may be required by subparagraph (A) shall render such institution
ineligible for the purpose of part B of subchapter IV of this chapter.
(D) Special rule. If, pursuant to this paragraph, an institution loses eligibility to
participate in the programs under subchapter IV of this chapter and part C of
subchapter I of chapter 34 of title 42, then a student enrolled at such institution
may, notwithstanding such loss of eligibility, continue to be eligible to receive a loan
under part B while attending such institution for the academic year succeeding the
academic year in which such loss of eligibility occurred.
(3) Limitations based on course of study or enrollment. An institution shall not be considered to
meet the definition of an institution of higher education in paragraph (1) if such institution—
(A) Offers more than 50 percent of such institution's courses by correspondence,
unless the institution is an institution that meets the definition in section 2471 (4)(C)
of this title;
(B) Enrolls 50 percent or more of the institution's students in correspondence courses,
unless the institution is an institution that meets the definition in such section,
except that the Secretary, at the request of such institution, may waive the
applicability of this subparagraph to such institution for good cause, as determined
by the Secretary in the case of an institution of higher education that provides a 2 -
or 4 -year program of instruction (or both) for which the institution awards an
associate or baccalaureate degree, respectively;
(C) Has a student enrollment in which more than 25 percent of the students are
incarcerated, except that the Secretary may waive the limitation contained in this
subparagraph for a nonprofit institution that provides a 2 -or 4 -year program of
instruction (or both) for which the institution awards a bachelor's degree, or an
associate's degree or a postsecondary diploma, respectively; or
(D) Has a student enrollment in which more than 50 percent of the students do not have
a secondary school diploma or its recognized equivalent, and does not provide a 2 -
or 4 -year program of instruction (or both) for which the institution awards a
bachelor's degree or an associate's degree, respectively, except that the Secretary
may waive the limitation contained in this subparagraph if a nonprofit institution
demonstrates to the satisfaction of the Secretary that the institution exceeds such
limitation because the institution serves, through contracts with Federal, State, or
local government agencies, significant numbers of students who do not have a
secondary school diploma or its recognized equivalent.
(4) Limitations based on management. An institution shall not be considered to
meet the definition of an institution of higher education in paragraph (1) if—
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Administrative Plan Indian River County Housing Services Division
(A) The institution, or an affiliate of the institution that has the power, by contract or
ownership interest, to direct or cause the direction of the management or policies of
the institution, has filed for bankruptcy, except that this paragraph shall not apply to
a nonprofit institution, the primary function of which is to provide health care
educational services (or an affiliate of such an institution that has the power, by
contract or ownership interest, to direct or cause the direction of the institution's
management or policies) that files for bankruptcy under chapter 11 of title 11
between July 1, 1998, and December 1, 1998; or
(B) The institution, the institution's owner, or the institution's chief executive officer
has been convicted of, or has pled nolo contendere or guilty to, a crime involving
the acquisition, use, or expenditure of funds under subchapter IV of this chapter
and part C of subchapter I of chapter 34 of title 42, or has been judicially
determined to have committed fraud involving funds under subchapter IV of this
chapter and part C of subchapter I of chapter 34 of title 42.
(5) Certification. The Secretary shall certify an institution's qualification as an institution of
higher education in accordance with the requirements of subpart 3 of part G of subchapter
IV of this chapter.
(6) Loss of eligibility. An institution of higher education shall not be considered to meet the
definition of an institution of higher education in paragraph (1) if such institution is removed
from eligibility for funds under subchapter IV of this chapter and part C of subchapter I of
chapter 34 of title 42 as a result of an action pursuant to part G of subchapter IV of this
chapter.
(b) Proprietary institution of higher education
(1) Principal criteria. For the purpose of this section, the term "proprietary institution of
higher education" means a school that—
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1) and (2) of section 1001 (a) of this title;
(C) Does not meet the requirement of paragraph (4) of section 1001 (a) of this title;
(D) Is accredited by a nationally recognized accrediting agency or association
recognized by the Secretary pursuant to part G of subchapter IV of this chapter;
(E) Has been in existence for at least 2 years; and
(F) Has at least 10 percent of the school's revenues from sources that are not
derived from funds provided under subchapter IV of this chapter and part C of
subchapter I of chapter 34 of title 42, as determined in accordance with regulations
prescribed by the Secretary.
(2) Additional institutions. The term "proprietary institution of higher education" also
includes a proprietary educational institution in any State that, in lieu of the requirement
in paragraph (1) of section 1001 (a) of this title, admits as regular students persons who
are beyond the age of compulsory school attendance in the State in which the institution
is located.
(c) Postsecondary vocational institution.
(1) Principal criteria. For the purpose of this section, the term "postsecondary
vocational institution" means a school that—
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Administrative Plan Indian River County Housing Services Division
(A) Provides an eligible program of training to prepare students for gainful
employment in a recognized occupation;
(B) Meets the requirements of paragraphs (1), (2), (4), and (5) of section 1001 (a)
of this title; and
(C) Has been in existence for at least 2 years.
(3) Additional institutions. The term "postsecondary vocational institution" also includes an
educational institution in any State that, in lieu of the requirement in paragraph (1) of section
1001 (a) of this title, admits as regular students persons who are beyond the age of compulsory
school attendance in the State in which the institution is located.
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Administrative Plan Indian River County Housing Services Division
Chapter 4: Applications, Waiting,. Lists, and Tenant Selection
When a family wishes to receive assistance under the PHA program, the family must submit an
application that provides the PHA with the information needed to determine the family's
eligibility. HUD requires the PHA to place all families that apply for assistance on a waiting list.
When HCV assistance becomes available, the PHA must select families from the waiting list in
accordance with HUD requirements and PHA policies as stated in the administrative plan and
the annual plan.
The PHA is required to adopt clear policies and procedures for accepting applications, placing families
on the waiting list, and selecting families from the waiting list, and must follow these policies and
procedures consistently. The actual order in which families are selected from the waiting list can be
affected if a family has certain characteristics designated by HUD or the PHA that justify their selection.
Examples of this are the selection of families for income targeting and the selection of families that
qualify for targeted funding.
HUD regulations require that all families have an equal opportunity to apply for and receive housing
assistance, and that the PHA affirmatively further fair housing goals in the administration of the
program [24 CFR 982.53, HCV GB p. 4-11. Adherence to the selection policies described in this
chapter ensures that the PHA will be in compliance with all relevant fair housing requirements, as
described in Chapter 2.
This chapter describes HUD and the PHA policies for taking applications, managing the waiting
list and selecting families for HCV assistance.
Part I: The Application Process. This part provides an overview of the application
process and discusses how applicants can obtain and submit applications. It also
specifies how IRCHSD will handle the applications it receives.
Part II: Managing the Waiting List. This part presents the policies that govern how IRCHSD's
waiting list is structured, when it is opened and closed, and how the public is notified of the
opportunity to apply for assistance. It also discusses the process IRCHSD will use to keep
the waiting list current.
Part III: Selection for HCV Assistance. This part describes the policies that guide IRCHSD
in selecting families for HCV assistance as such assistance becomes available. It also
specifies how in-person interviews will be used to ensure that IRCHSD has the information
needed to make a final eligibility determination.
Part I: The Application Process
4-1 A. OVERVIEW
This part describes PHA policies for making applications available, accepting applications, making
preliminary determinations of eligibility, and the placement of applicants on the waiting list. This
part also describes the PHA's obligation to ensure the accessibility of the application process to
elderly persons, people with disabilities, and people with limited English proficiency (LEP).
4-1 B. APPLYING FOR ASSISTANCE [HCV GB, PP. 4-11 — 4-16,
NOTICE PIH 2009-361
Any family that wishes to receive HCV assistance must apply for admission to the program. HUD
permits the PHA to determine the format and content of HCV applications, as well how such
applications will be made available to interested families and how applications will be accepted by
the PHA.
RCH D Policav
Depending upon the length of time that applicants may need to wait to receive assistance,
may use a one- or two-step application process.
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Administrative Plan Indian River County Housing Services Division
A one-step process will be used when it is expected that a family will be selected from the
waiting list within 60 days of the date of application. At application, the family must provide
all of the information necessary to establish family eligibility and level of assistance.
A two-step process will be used when it is expected that a family will not be selected from
the waiting list for at least 60 days from the date of application. Under the two-step
application process, the staff initially will require families to provide only the information
needed to make an initial assessment of the family's eligibility, and to determine the family's
placement on the waiting list. The family will be required to provide all of the information
necessary to establish family eligibility and level of assistance when the family is selected
from the waiting list.
Applications will only be accepted online. If an applicant submits more than one application
during the initial application period, all submissions will be marked as inactive. A notice
regarding this policy will be posted on the application webpage.
4-1 C. ACCESSIBILITY OF THE APPLICATION PROCESS
Elderly and Disabled Populations 1`24 CFR 8 and HCV G13, pp. 4-11 — 4-131
The PHA must take steps to ensure that the application process is accessible to those people who
might have difficulty complying with the normal, standard the PHA application process. This could
include people with disabilities, certain elderly individuals, as well as persons with limited English
proficiency (LEP). The PHA must provide reasonable accommodation to the needs of individuals
with disabilities. The application -taking facility and the application process must be fully accessible,
or IRCHSD must provide an alternate approach that provides full access to the application
process. Chapter 2 provides a full discussion of the PHA's policies related to providing reasonable
accommodations for people with disabilities.
Limited English Proficiency
PHAs are required to take reasonable steps to ensure equal access to their programs and activities
by persons with limited English proficiency [24 CFR 1 ]. Chapter 2 provides a full discussion on the
PHA's policies related to ensuring access to people with limited English proficiency (LEP).
4-1 D. PLACEMENT ON THE WAITING LIST
The PHA must review each complete application received and make a preliminary assessment of
the family's eligibility. The PHA must accept applications from families for whom the list is open
unless there is good cause for not accepting the application (such as denial of assistance) for the
grounds stated in the regulations [24 CFR 982.206(b)(2)]. Where the family is determined to be
ineligible, the PHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not
determined to be ineligible, the family will be placed on a waiting list of applicants.
No applicant has a right or entitlement to be listed on the waiting list, or to any particular position
on the waiting list [24 CFR 982.202(c)].
Ineligible for Placement on the Waiting List
IRCHSD Polis
If the PHA Program staff can determine from the information provided that a family is
ineligible, the family will not be placed on the waiting list. If the family is determined to be
ineligible based on the information provided in the pre -application, IRCHSD will notify the
family in writing, state the reason(s), and inform them of their right to an informal, review,
as described in Chapter 16. IRCHSD does not allow alterations to the application once a
determination is made on the application.
Eligible for Placement on the Waiting List
IRCHSD Policy
IRCHSD will send written notification of the preliminary eligibility determination within 10
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Administrative Plan Indian River County Housing Services Division
business days of receiving a complete application.
Placement on the waiting list does not indicate that the family is, in fact, eligible for
assistance. A final determination of eligibility will be made when the family is selected from
the waiting list.
Applicants will be placed on the waiting list according to any preference(s) for which they
qualify, and the date and time their complete application is received by the PHA.
Part II: Managing the Waiting List
4 -II A. OVERVIEW
The PHA must have policies regarding various aspects of organizing and managing the waiting list
of applicant families. This includes opening the list to new applicants, closing the list to new
applicants, notifying the public of waiting list openings and closings, updating waiting list
information, purging the list of families that are no longer interested in or eligible for assistance, as
well as conducting outreach to ensure a sufficient number of applicants.
In addition, HUD imposes requirements on how a PHA may structure its waiting list and how
families must be treated if they apply for assistance from a PHA that administers more than one
assisted housing program.
4 -II B. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 AND 205]
The PHA's HCV waiting list must be organized in such a manner to allow the PHA to accurately
identify and select families for assistance in the proper order, according to the admissions
policies described in this plan.
The waiting list must contain the following information for each applicant listed:
• Applicant name;
• Family unit size;
• Date and time of application;
• Qualification for any local preference;
• Racial or ethnic designation of the head of household.
HUD requires the PHA to maintain a single waiting list for the PHA program unless it serves more
than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate
waiting list for each county or municipality served.
IRCHSD Policy
IRCHSD shall maintain a single waiting list for the PHA program. IRCHSD will ensure that
any eligible family can receive consideration for housing assistance in a fair, non-
discriminatory, and predictable manner.
HUD directs that a family that applies for assistance from the PHA program must be offered the
opportunity to be placed on the waiting list for any public housing, project -based voucher or
moderate rehabilitation program the PHA operates if 1) the other programs' waiting lists are open,
and 2) the family is qualified for the other programs.
HUD permits, but does not require, that PHAs maintain a single merged waiting list for their
public housing, Section 8, and other subsidized housing programs.
A family's decision to apply for, receive, or refuse other housing assistance must not affect
the family's placement on the HCV waiting list, or any preferences for which the family may
qualify.
IRCHSD Policy
IRCHSD will not merge the HCV waiting list with the waiting list for any other program
IRCHSD operates.
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4-11 C. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.2061
Reopening the Waiting List
If the waiting list has been closed, it cannot be reopened until the PHA publishes a notice in
local newspapers of general circulation, minority media, and other suitable media outlets. The
notice must comply with HUD fair housing requirements and must specify who may apply, and
where and when applications will be received.
IRCHSD Policy
IRCHSD's Housing Services Manager may elect to open the Housing Choice Voucher
waiting list at any time.
IRCHSD will announce the reopening of the waiting list at least 3 days prior to the date
applications will first be accepted. If the list is only being reopened for certain categories of
families, this information will be contained in the notice.
Public notice will be given by publishing the relevant information in suitable media outlets,
but not limited to, local newspaper, social media, and Indian River County Website, and
other suitable outlets, if applicable.
The notice will contain:
1. The dates, times, and the locations where families may apply;
2. The programs for which applications will be taken;
3. A brief description of the Housing Choice Voucher Program;
4. Limitations, if any, on who may apply;
5. IRCHSD's address, email address, and telephone number;
6. How to submit an application; and
7. Information on eligibility criteria and local preferences.
The notices will be made in an accessible format upon request by a person with disabilities,
as a reasonable accommodation.
Closing the Waiting List
A PHA is permitted to close the waiting list if it has an adequate pool of families to use its
available HCV assistance. Alternatively, the PHA may elect to continue to accept applications only
from certain categories of families that meet particular preferences or funding criteria.
IRCHSD Policy
IRCHSD will close the waiting list when the estimated waiting period for housing assistance
for applicants on the list reaches 24 months for the most current applicants. Where there is
a particular preferences or funding criteria that require a specific category of family, the PHA
may elect to continue to accept applications from these applicants while closing the waiting
list to others.
4-11 D. FAMILY OUTREACH [HCV GB, PP. 4-2 TO 4-4]
The PHA must conduct outreach as necessary to ensure that the PHA has a sufficient
number of applicants on the waiting list to use the HCV resources it has been allotted.
Because HUD requires the PHA to admit a specified percentage of extremely low-income families
to the program (see Chapter 4, Part III), the PHA may need to conduct special outreach to ensure
that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4211.
PHA outreach efforts must comply with fair housing requirements. This includes:
Analyzing the housing market area and the populations currently being served to
identify underserved populations
Ensuring that outreach efforts are targeted to media outlets that reach eligible
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populations that are underrepresented in the program
Avoiding outreach efforts that prefer or exclude people who are members of a
protected class
PHA outreach efforts must be designed to inform qualified families about the availability of
assistance under the program. These efforts may include, as needed, any of the following
activities:
• Submitting press releases to local newspapers, including minority newspapers
• Developing informational materials and flyers to distribute to other agencies
• Providing application forms to other public and private agencies that serve
the low income population
• Developing partnerships with other organizations that serve similar populations,
including agencies that provide services for persons with disabilities
IRCHSD Policy
IRCHSD will publicize and disseminate information about the availability of housing
assistance for very low-income families on a regular basis.
IRCHSD will communicate the status of housing availability to other service providers in
the community and advise them of eligibility requirements and guidelines so that they can
make proper referrals for housing assistance.
4 -II E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES
IRCHSD Policy
While on the waitlist, applicants are required to inform IRCHSD in writing of a change in
mailing address. Applicants are also required to respond to requests from IRCHSD to
update information on their application and to confirm their interest in assistance. Failure to
do so may result in removal of their name from the waiting list.
4 -II F. UPDATING THE WAITING LIST [24 CFR 982.2041
HUD requires the PHA to establish policies to use when removing applicant names from the waiting
list.
Purging the Waiting List
The decision to withdraw an applicant family that includes a person with disabilities from the
waiting list is subject to reasonable accommodation. If the applicant did not respond to a PHA
request for information or updates, and the PHA determines that the family did not respond
because of the family member's disability, the PHA must reinstate the applicant family to their
former position on the waiting list [24 CFR 982.204(c)(2)].
IRCHSD Policy
The waiting list will be updated annually to ensure that all applicants and applicant
information is current and timely.
To update the waiting list, IRCHSD will send an update request via first class mail to each
family on the waiting list to determine whether the family continues to be interested in, and
to qualify for, the program. This update request will be sent to the last address that they
have on record for the family. The update request will provide a deadline by which the family
must respond and will state that failure to respond will result in the applicant's name being
removed from the waiting list.
The family's response must be in writing and may be delivered in person, by mail, or by fax.
Responses should be postmarked or received by the IRCHSD no later than 10 business
days from the date of the letter. The response must also include a copy of the applicant's
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photo ID.
If the family fails to respond within 10 business days, the family will be removed from the
waiting list without further notice.
If the notice is returned by the post office with no forwarding address, the applicant will be
removed from the waiting list without further notice.
If the notice is returned by the post office with a forwarding address, and the family did not
notify the office providing the change of address within the 10 days of the address change,
the applicant will be removed from the waiting list without further notice. If the family
submitted the proper changes in the allowable time, the notice will be re -sent to the address
indicated. The family will have 10 business days to respond from the date the letter was re-
sent.
If a family is removed from the waiting list for failure to respond, the IRCHSD staff may
reinstate the family if it is determined that the lack of response was due to staff error or to
circumstances beyond the family's control but can be no later than 30 days from the date
the update letter was mailed.
Removal from the Waiting List
IRCHSD Policy
If at any time an applicant family is on the waiting list, and it is determined that the family is
not eligible for assistance (see Chapter 3), the family will be removed from the waiting list.
If a family is removed from the waiting list because it had been determined the family is not
eligible for assistance, a notice will be sent to the family's address of record as well as to
any alternate address provided on the initial application. The notice will state the reasons
the family was removed from the waiting list and will inform the family how to request an
informal review regarding the decision (see Chapter 16) [24 CFR 982.201(f)].
Part III: Selection for HCV Assistance
4 -III A. OVERVIEW
As vouchers become available, families on the waiting list must be selected for assistance in
accordance with the policies described in this part.
The order in which families are selected from the waiting list depends on the selection method
chosen by the PHA program admin policy and is impacted in part by any selection preferences for
which the family qualifies. The availability of targeted funding also may affect the order in which
families are selected from the waiting list.
An Agency must maintain a clear record of all information required to verify that the family is
selected from the waiting list according to the PHA Program selection policies [24 CFR 982.204(b)
and 982.207(e)].
4 -III B. SELECTION AND HCV FUNDING SOURCES
Special Admissions f24 CFR 982.2031
HUD may award funding for specifically named families living in specified types of units (e.g., a
family that is displaced by demolition of public housing; a non -purchasing family residing in a HOPE
1 or 2 projects). In these cases, the PHA may admit such families whether or not they are on the
waiting list, and, if they are on the waiting list, without considering the family's position on the
waiting list. These families are considered non -waiting list selections. The PHA must maintain
records showing that such families were admitted with special program funding.
Targeted Funding f24 CFR 982.204(e)]
HUD may award IRCHSD funding for a specified category of families on the waiting list. IRCHSD
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must use this funding only to assist the families within the specified category. In order to assist
families within a targeted funding category, IRCHSD may skip families that do not qualify within the
targeted funding category. Within this category of families, the order in which such families are
assisted is determined according to the policies provided in Section 4-III.C.
IRCHSD Policy
IRCHSD shall carefully observe the eligibility and tenant selection requirements for
targeted vouchers, as they are described in the HUD Notice of Funding Availability
(NOFA) announcing the availability of the vouchers, and in HUD award letters. IRCHSD
shall also carry out the commitments it makes in its grant applications submitted to HUD
in response to NOFAs for targeted vouchers.
IRCHSD administers the following types of targeted funding:
• Veterans Administration Supportive Housing (VASH) Vouchers
• Emergency Housing Vouchers (EHV)
Regular HCV Funding
Regular HCV funding may be used to assist any eligible family on the waiting list. Families are
selected from the waiting list according to the policies provided in Section 4-III.C.
4 -III C. SELECTION METHOD
PHAs must describe the method for selecting applicant families from the waiting list, including the
system of admission preferences that the PHA will use [24 CFR 982.202(d)].
Local Preferences f24 CFR 982.207; HCV p. 4-16]
PHAs are permitted to establish local preferences, and to give priority to serving families that meet
those criteria. HUD specifically authorizes and places restrictions on certain types of local
preferences. HUD also permits the PHA to establish other local preferences, at its discretion. Any
local preferences established must be consistent with their Five Year, Annual plan, and the
consolidated plan, and must be based on local housing needs and priorities that can be
documented by generally accepted data sources.
IRCHSD Policy
PHA Program will use the following local preferences:
• A preference will be offered to any family that has been terminated from its PHA
program due to insufficient program funding.
• Local elderly preference will be the 1st priority and then nonlocal elderly will be the
2nd priority, local families residing in Indian River County for the past twelve (12)
months will be the 3rd priority, then all other applicants will be housed as date and
time; Witness protection will be given regardless of where they reside (see below
regarding Witness protection).
• A preference will be offered to one bedroom elderly families that has been residing in
Indian River County for the past twelve (12) months and who have applied for the
HCV waiting list and may accept applications for one bedroom elderly homeless
families even when the waiting list is closed to accommodate the families.
• The homeless status must be verified by the COC within the jurisdiction of Indian
River County; There will be no limit for voucher issuance for the one bedroom
homeless elderly families, but will depend on funding availability.
• A preference will be offered to any family that has been residing in Indian River
County for the past twelve (12) months.
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Administrative Plan Indian River County Housing Services Division
A preference will be offered even when the waiting list is closed for a family that needs
to be provided a relocation and protection as a witness or potential witness of a
Federal, State, or Local Law Enforcement agency in an official proceedings
concerning serious criminal offenses, we will consider it as "Witness Protection
Program" or any similar program that serves the same purpose. these agencies and
the witness must provide proper documentation so the PHA Program can offer the
family a preference for a voucher in order to avoid reprisals because the family
provided information on criminal activities to a law enforcement agency and after a
threat assessment, law enforcement agency or Federal and State prosecutor
recommends housing the family to avoid or reduce the risk of violence against the
family, there will be a limit of three voucher issuances for the "Witness Protection
Program" or similar program per calendar year and will depend on funding availability
• PHA Program will first assist families that have been terminated from the PHA
Program due to insufficient funding and then assist families that qualify for the local
and elderly preference.
Income Targeting Requirement f24 CFR 982.201(b)(2)]
HUD requires that extremely low-income (ELI) families make up at least 75 percent of the families
admitted to the PHA Program during IRCHSD's fiscal year. ELI families are those with annual
incomes at or below the federal poverty level or 30 percent of the area median income, whichever
number is higher. To ensure this requirement is met, a PHA may skip non -ELI families on the
waiting list in order to select an ELI family.
Low-income families admitted to the program that are continuously assisted under the 1937 Housing
Act [24 CFR 982.4(b)], as well as low-income or moderate -income families admitted to the program
that are displaced as a result of the prepayment of the mortgage or voluntary termination of an
insurance contract on eligible low-income housing, are not counted for income targeting purposes [24
CFR 982.201(b)(2)(v)].
IRCHSD Policy
IRCHSD staff will monitor progress in meeting the income targeting requirement throughout
the fiscal year. Extremely low-income families will be selected ahead of other eligible
families on an as -needed basis to ensure the income targeting requirement is met.
Order of Selection
The PHA system of preferences may select families based on local preferences according to the
date and time of application or by a random selection process (lottery) [24 CFR 982.207(c)]. If a PHA
does not have enough funding to assist the family at the top of the waiting list, it is not permitted to
skip down the
waiting list to a family that it can afford to subsidize when there are not sufficient funds to
subsidize the family at the top of the waiting list [24 CFR 982.204(d) and (e)].
IRCHSD Policy
Families will be selected from the waiting list based on the targeted funding and/or selection
preference(s) for which they qualify, and in accordance with the hierarchy of preferences, if
applicable. Within each targeted funding and/or preference category, families will be
selected on a first-come, first-served basis according to the date and time their complete
application is received.
4 -III D. NOTIFICATION OF SELECTION
When a family has been selected from the waiting list, the PHA must notify the
family [24CFR 982.554(a)].
IRCHSD Policy
The family will be notified by first class mail when it is selected from the waiting list. The
notice will inform the family of the following:
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Administrative Plan Indian River County Housing Services Division
• Date, time, and location of the scheduled application interview, including any
procedures for rescheduling the interview
• Who is required to attend the interview
• All documents that must be provided at the interview, including information about
what constitutes acceptable documentation
If a notification letter is returned to the IRCHSD with no forwarding address, the family will
be removed from the waiting list. A notice of denial (see Chapter 3) will be sent to the
family's address of record, as well as to any known alternate address.
4 -III E. THE APPLICATION INTERVIEW
HUD recommends that the PHA obtain the information and documentation needed to make an
eligibility determination through a face-to-face interview with a PHA representative [HCV GB, pg.
4-161. Being invited to attend an interview does not constitute admission to the program.
Assistance cannot be provided to the family until all SSN documentation requirements are met.
However, if the PHA determines that an applicant family is otherwise eligible to participate in the
program, the family may retain its place on the waiting list for a period of time determined by the PHA
[Notice PIH 2012-10].
Reasonable accommodation must be made for persons with disabilities who are unable to
attend an interview due to their disability.
IRCHSD Policy
Families selected from the waiting list are required to participate in an eligibility interview.
The head of household and the spouse/cohead is strongly encouraged to attend the
interview together. However, either the head of household or the spouse/cohead may attend
the interview on behalf of the family. Verification of information pertaining to adult members
of the household does not present at the interview will not begin until signed release forms
are returned.
The head of household or spouse/cohead must provide acceptable documentation of legal
identity. (Chapter 7 provides a discussion of proper documentation of legal identity.) If the
family representative does not provide the required documentation at the time of the
interview, he or she will be required to provide it within 10 business days.
Pending disclosure and documentation of social security numbers, the PHA will allow the
family to retain its place on the waiting list for 10 business days. If not all household
members have disclosed their SSNs at the next time IRCHSD is issuing vouchers, the PHA
will issue a voucher to the next eligible applicant family on the waiting list.
The family must provide the information necessary to establish the family's eligibility and
determine the appropriate level of assistance, as well as completing required forms,
providing required signatures, and submitting required documentation. If any materials are
missing, the staff will provide the family with a written list of items that must be submitted.
Any required documents or information that the family is unable to provide at the interview
must be provided within 10 business days of the interview (Chapter 7 provides details about
longer submission deadlines for particular items, including documentation of eligible
noncitizen status). If the family is unable to obtain the information or materials within the
required time frame, the family may request an extension. If the required documents and
information are not provided within the required time frame (plus any extensions), the family
will be sent a notice of denial (See Chapter 3).
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An advocate, interpreter, or other assistant may assist the family with the application and the
interview process.
Interviews will be conducted in English. For limited English proficient (LEP) applicants, the
staff will provide translation services in accordance with the Admin LEP plan.
If the family is unable to attend a scheduled interview, the family should contact the PHA in
advance of the interview to schedule a new appointment. In all circumstances, if a family
does not attend a scheduled interview, the PHA will send another notification letter with a
new interview appointment time. Applicants who fail to attend two scheduled interviews
without staff approval will be denied assistance based on the family's failure to supply
information needed to determine eligibility. A notice of denial will be issued in accordance
with policies contained in Chapter 3.
4 -III F. COMPLETING THE APPLICATION PROCESS
The PHA must verify all information provided by the family (see Chapter 7). Based on verified
information, the PHA must make a final determination of eligibility (see Chapter 3) and must
confirm that the family qualified for any special admission, targeted funding admission, or selection
preference that affected the order in which the family was selected from the waiting list.
IRCHSD Policy
If IRCHSD determines that the family is ineligible, IRCHSD will send written notification of
the ineligibility determination within 10 business days of the determination. The notice will
specify the reasons for ineligibility and will inform the family of its right to request an
informal hearing (Chapter 16).
Verification of Information 124 CFR 982.201(e)]
IRCHSD Policy
Information provided by the applicant will be verified in accordance with the procedures
outlined in Chapter 7, Verification Procedures. This includes verifying family composition,
income, allowances and deductions, assets, student status, immigration status, eligibility,
rent calculation factors, and any other pertinent information.
Resubmission of Outdated Income Documentation
1RQHSD Folia
As a general rule, income information must be current within 60 days of the date of issuance
of a voucher, although some documents may have different standards of currency, as
described in Chapter 7, Verification. Applicants may have to re -submit documentation if the
documentation previously submitted is no longer current according to the standards
described in Chapter 7.
Denial of an Application Based on Information on Application
IRCaH SD Foilrao..
If the family is determined to be ineligible based on the information provided in the
application, IRCHSD will notify the family in writing, state the reason(s), and inform them of
their right to an informal hearing, as described in Chapter 3. IRCHSD does not allow
alterations to the application once a determination is made on the application.
Applicants Denied because they are Younger than Age 18
iRCaHSD Pui
Applicants who are not eligible because they are younger than 18 years old may remain
on the HCV waiting list until they are 18, at which time their application will be processed,
if funds are available.
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Criminal Background Check
IRCHSD ?2!ic
After an applicant's file is complete with respect to income documentation and other
elements of eligibility, IRCHSD will order a criminal background check for the applicant. If
the criminal background check reveals criminal history that does not meet IRCHSD's
standards for eligibility/criminal history outlined in Chapter 3, IRCHSD will notify the
applicant in writing that the application is denied based on criminal history and provide
information on how to request an informal review as described in Chapter 16. A copy of the
criminal history report will be mailed to the applicant along with the notice of denial.
Family Briefing and Voucher Issuance
If the PHA determines that the family is eligible to receive assistance, the PHA will invite the family
to attend a briefing in accordance with the policies in Chapter 5.
IRCHSD Policy
After an applicant household has cleared the criminal background check, the family will be
invited to the next available family briefing session, at which time they will pick up their
voucher. The briefing is mandatory; no family will be issued a voucher until they have
attended one.
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Administrative Plan Indian River County Housing Services Division
Chapter 5: Briefings and Voucher Issuance
This chapter explains the briefing and voucher issuance process. When a family is determined
to be eligible for the Housing Choice Voucher (HCV) program, the PHA must ensure that the
family fully understands the way the program operates and the family's obligations under the
program. This is accomplished through both an oral briefing and provision of a briefing packet
containing the HUD -required documents and other information the family needs to know in
order to lease a unit under the program. Once the family is fully informed of the program's
requirements, the PHA issues the family a voucher. The voucher includes the unit size for
which the family qualifies based on the PHA's subsidy standards, as well as the issue and
expiration date of the voucher. The voucher is the document that authorizes the family to begin
its search for a unit and limits the amount of time the family has to successfully locate an
acceptable unit.
This chapter describes HUD regulations and PHA Program policies related to these topics in
two parts:
Part I: Briefings and Family Obligations. This part details the program's requirements for
briefing families orally, and for providing written materials describing the program and its
requirements. It includes a particular focus on the family's obligations under the program.
Part II: Subsidy Standards and Voucher Issuance. This part discusses IRCHSD's
standards for determining how many bedrooms a family of a given composition
qualifies for, which in turn affects the amount of subsidy the family can receive. It also
discusses the policies that dictate how vouchers are issued, and how long families
have to locate a unit.
Part I: Briefings And Family Obligations
5-1 A. OVERVIEW
HUD regulations require the PHA to conduct mandatory briefings for applicant families who qualify
for a voucher. The briefing provides a broad description of owner and family responsibilities,
explains the PHA's procedures, and includes instructions on how to lease a unit. The family will
also receive a briefing packet which provides more detailed information about the program. This
part describes how briefings will be conducted, the information that will be provided to families, and
the policies for extensions and suspensions of vouchers.
5-1 B. BRIEFING 1`24 CFR 982.3011
The PHA must give the family an oral briefing and provide the family with a briefing packet
containing written information about the program. Families may be briefed individually or in
groups. At the briefing, the PHA must ensure effective communication in accordance with Section
504 requirements (Section 504 of the Rehabilitation Act of 1973), and ensure that the briefing is
accessible to individuals with disabilities. For a more thorough discussion of accessibility
requirements, refer to Chapter 2.
IRCHSD Policy
A full briefing, as required by HUD, will be conducted for applicant families prior to being
issued a voucher. Families may attend briefings and then meet with IRCHSD staff, who will
issue their voucher and provide further detailed information about the program as
necessary.
Briefings will be conducted in English. For limited English proficient (LEP) applicants,
IRCHSD will provide translation services in accordance with IRCHSD's LEP plan (See
Chapter 2).
IRCHSD will not issue a voucher to a family unless the household representative has
attended a briefing and signed the voucher.
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Notification and Attendance
IRCHSD Policy
After an applicant household has cleared the criminal history check, the family will be invited
to the next available family briefing session, at which time they will receive their voucher. The
briefing is mandatory; no family will be issued a voucher until they have attended one.
Families will be notified by mail of their eligibility for assistance at the time they are invited
to attend a briefing. The notice will identify who is required to attend the briefing, as well as
the date and time of the scheduled briefing.
If the notice is returned by the post office with no forwarding address, the applicant will
be denied, and their name will not be placed back on the waiting list. If the notice is returned
by the post office with a forwarding address, the notice will be re -sent to the address
indicated.
Applicants who provide prior notice of inability to attend a briefing will generally be
scheduled for the next available or a future briefing.
Applicants who fail to attend a scheduled briefing without prior notice will automatically
be scheduled for the next available briefing. Applicants who fail to attend two scheduled
briefings, without prior notification and approval by IRCHSD, may be denied admission
based on failure to supply information needed for certification.
The briefing format for families who have family members with disabilities may be modified
upon request by the family. This may include conducting one-on-one briefings on site or
outside the office. Such families may, however, be required to complete a formal written
request for an accommodation of the disability.
Requirement to Provide Information and Keep Appointments
The family will be given information about the requirement to keep appointments and the number of
times appointments will be rescheduled, as specified in this Plan.
Appointments will be scheduled, and time requirements (deadlines) will be imposed for the
following events and circumstances:
• Completion of verification procedures;
• Attendance at voucher issuance and briefings;
• Attendance at Housing Quality Standards (HQS) inspections;
• Completion of re -certifications;
• Attendance at family conferences; and
• Requests for appeals.
Generally, acceptable reasons for missing appointments or failing to provide information by
deadlines are:
Medical emergency;
Family emergency; or
Other good cause, as determined by IRCHSD.
Missed Appointments and Deadlines f24 CFR 982.551, 982.552 (c)1
IRCHSD PpLiqy
A participant who fails to keep an appointment, or to supply information required by a
deadline without notifying IRCHSD, may be sent a Notice of Termination of Assistance
for failure to provide required information, or for failure to allow IRCHSD to inspect the
unit. The Notice will include information about requesting a hearing.
For most purposes in this Plan, the family will be given two opportunities before being
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Administrative Plan Indian River County Housing Services Division
issued a notice of termination or denial for breach of a family obligation. The notice may be
rescinded if the family offers to reschedule, and the family does not have a history of non-
compliance.
Oral Briefing [24 CFR 982.301(a)]
Each briefing must provide information on the following subjects:
• How the Housing Choice Voucher program works;
• Family and owner responsibilities;
• Where the family can lease a unit, including renting a unit inside or outside the PHA's
jurisdiction;
• An explanation of how portability works.
• The advantages of areas that do not have a high concentration of low-income families; and
• For families receiving welfare -to -work vouchers, a description of any local obligations of a
welfare -to -work family and an explanation that failure to meet the obligations is grounds for
denial of admission or termination of assistance.
In briefing a family that includes a person with disabilities, PHA must also take steps to
ensure effective communication.
Move Briefing
IRCHSD Policy
A move briefing may be held for participants who will be reissued a voucher to move and
have given notice of intent to vacate to their landlord. This briefing shall include incoming
and outgoing portable families. It may be conducted in a group format or through a personal
interview.
Briefing Packet [24 CFR 982.301(b)]
Documents and information provided in the briefing packet must include the following:
• The term of the voucher, voucher suspensions, and the PHA's policies on any extensions of
the term. If the PHA allows extensions, the packet must explain how the family can request
an extension.
• A description of the method used to calculate the housing assistance payment for a family,
including how the PHA determines the payment standard for a family, how the PHA
determines total tenant payment for a family, and information on the payment standard and
utility allowance schedule.
• An explanation of how the PHA determines the maximum allowable rent for an assisted unit.
• Where the family may lease a unit and an explanation of how portability works,
• The HUD -required tenancy addendum, which must be included in the lease.
• The form the family must use to request approval of tenancy, and a description of the
procedure for requesting approval for a tenancy.
• A statement of the PHA policy on providing information about families to prospective owners.
• The PHA subsidy standards including when and how exceptions are made.
• Materials (e.g., brochures) on how to select a unit and any additional information on
selecting a unit that HUD provides (e.g., HUD brochure entitled, "A Good Place to Live").
• Information on federal, state and local equal opportunity laws and a copy of the housing
discrimination complaint form, including information on how to complete the form and file a
fair housing complaint.
• A list of landlords known to the PHA who may be willing to lease a unit to the family or other
resources (e.g., newspapers, organizations, online search tools) known to the PHA that may
assist the family in locating a unit. PHAs must ensure that the list of landlords or other
resources covers areas outside of poverty or minority concentration.
• Notice that if the family includes a person with disabilities, the family may request a list of
available accessible units known to the PHA.
• The family obligations under the program, including any obligations of a welfare -to -work
family, and any obligations of other special programs if the family is participating in one of
those programs.
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Administrative Plan Indian River County Housing Services Division
The grounds on which the PHA may terminate assistance for a participant family because of family
action or failure to act.
• PHA informal hearing procedures including when the PHA is required to offer a
participant family the opportunity for an informal hearing, and how to request the
hearing.
• An explanation of the advantages of moving to an area that does not have
a high concentration of low-income families.
• The HUD pamphlet on lead-based paint entitled, "Protect Your Family from Lead
in Your Home."
If the PHA is located in a metropolitan area, the following additional information must be
included in the briefing packet in order to receive full points under SEMAP Indicator 7,
Expanding Housing Opportunities [24 CFR 985.3(g)]:
• Maps showing areas with housing opportunities outside areas of poverty or
minority concentration, both within its jurisdiction and its neighboring jurisdiction
• Information about the characteristics of these areas including job opportunities,
schools, transportation, and other services
• An explanation of how portability works, including a list of portability contact persons
for neighboring PHAs with names, addresses, and telephone numbers
Additional Items to Be Included in the Briefing Packet
In addition to items required by the regulations, an Agency may wish to include supplemental
materials to help explain the program to both participants and owners [HCV GB p. 8-7, Notice
PIH 2017-121.
iRCHSD P2iicy
HCV Staff will provide the following additional materials in the briefing packet (not
limited to just this list):
• The HUD pamphlet on lead-based paint entitled Protect Your Family from
Lead in Your Home
• Family Handbook
• Things you should know form
• "A Good Place to Live" brochure
• Tenancy Addendum
• The form HUD -5380 domestic violence certification form and the form HUD
5382 notice of occupancy rights, which contains information on VAWA
protections for victims of domestic violence, dating violence, sexual assault,
and stalking
• "Is Fraud Worth It?" (form HUD -1141 -OIG), which explains the types of actions
a family must avoid and the penalties for program abuse
• "What You Should Know about EIV," a guide to the Enterprise Income
• Verification (EIV) system published by HUD as an attachment to Notice PIH
2017-12
• "Debts Owed" form
• Radon Gas
• Notice: Disability Accommodation
• Sex Offender Notice
• Notice of Fraud
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5-1 CYAMILY OBLIGATIONS
Obligations of the family are described in the HCV regulations and on the voucher itself. These
obligations include responsibilities the family is required to fulfill, as well as prohibited actions. The
PHA must inform families of these obligations during the oral briefing, and the same information
must be included in the briefing packet. When the family's unit is approved and the HAP contract is
executed, the family must meet those obligations in order to continue participating in the program.
Violation of any family obligation may result in termination of assistance, as described in Chapter
12.
Time Frames for Reporting Changes Required by Family Obligations
IRCHSD Policv
Unless otherwise noted below, when family obligations require the family to respond to a
request or notify IRCHSD of a change, notifying IRCHSD of the request or change within
10 business days is considered prompt notice.
When a family is required to provide notice to IRCHSD, the notice must be in writing.
Family Obligations [24 CFR 982.5511
The family obligations of the voucher are listed as follows:
• The family must supply any information that the PHA or HUD determines to be
necessary,
including submission of required evidence of citizenship or eligible immigration status.
• The family must supply any information requested by the PHA or HUD for use in a regularly
scheduled reexamination or interim reexamination of family income and composition.
• The family must disclose and verify social security numbers and sign and submit consent
forms for obtaining information.
• Any information supplied by the family must be true and complete.
• The family is responsible for any deficiencies under the National Standards for the Physical
Inspection of Real Estate (NSPIRE) caused by failure to pay tenant -provided utilities or
appliances, or damages to the dwelling unit or premises beyond ordinary wear and tear
caused by any member of the household or guest.
IRCHSD Policy
Damages beyond normal wear and tear will be considered to be damages which could
be assessed against the security deposit.
• The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
• The family must not commit any serious or repeated violation of the lease.
IRCHSD Policv
It will determine if a family has committed serious or repeated violations of the lease
based on available evidence, including but not limited to, a court-ordered eviction or an
owner's notice to evict, police reports, and affidavits from the owner, neighbors, or other
credible parties with direct knowledge.
Serious and repeated lease violations will include, but not be limited to, nonpayment of
rent, disturbance of neighbors, destruction of property, living or housekeeping habits that
cause damage to the unit or premises, and criminal activity. Generally, the criterion to be
used will be whether or not the reason for the eviction was the fault of the tenant or
guests. Any incidents of, or criminal activity related to, domestic violence, dating violence,
sexual assault, or stalking will not be construed as serious or repeated lease violations by
the victim [24 CFR 5.2005(c)(1)].
• The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
The family must comply with lease requirements regarding written notice to the
owner. The family must provide written notice to the IRCHSD office at the same
time the owner is notified.
• The family must promptly give the PHA a copy of any owner eviction notice.
• The family must use the assisted unit for residence by the family. The unit must be the
family's only residence.
• The composition of the assisted family residing in the unit must be approved by the PHA.
• The family must promptly notify the PHA in writing of the birth, adoption, or court -awarded
custody of a child. The family must request PHA approval to add any other family member
as an occupant of the unit.
IRCHSD Policy
The request to add a family member must be submitted in writing and approved
prior to the person moving into the unit. Eligibility will be determined of the new
member in accordance with the policies in Chapter 3.
IRCHSD may deny a family's request to add additional family members who are:
o Persons who have been evicted from public housing;
o Persons who have previously violated a family obligation listed above
and in 24 CFR 982.551 of HUD regulations;
o Persons who have been part of a family whose assistance has been
terminated for cause under the Certificate or Voucher program;
o Persons who have engaged in drug-related criminal activity or violent criminal
activity;
o Persons who have committed fraud, bribery or any other corrupt or
criminal act in connection with any federal housing program;
o Persons who currently owe rent or other amounts to IRCHSD or to
another PHA in connection with Section 8 or public housing assistance
under the 1937 Housing Act;
o Persons who have engaged in or threatened abusive or violent
behavior toward residents, the public or IRCHSD personnel;
o Persons who cannot provide verification of their assigned SSN; or
o Persons who contend to have eligible immigration status but cannot provide
verification.
(Refer to Chapter 14, Recertifications, for further information on adding people
to a subsidized family.)
• The family must promptly notify the PHA in writing if any family member no longer lives in the
unit.
IRCHSD Policy
Families are required to notify IRCHSD if any family member leaves the assisted
household. When the family notifies IRCHSD, they must furnish the following
information:
o The date the family member moved out; and
o A statement as to whether the family member is temporarily or permanently
absent.
• If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The
PHA has the discretion to adopt reasonable policies concerning residency by a foster child
or a live-in aide, and to define when PHA consent may be given or denied. For policies
related to the request and approval/disapproval of foster children, foster adults, and live-in
aides, see Chapter 3 (sections IX and I.M), and Chapter 11 (section 11.13).
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• The family must not sublease the unit, assign the lease, or transfer the unit.
IRCHSD Policy
Subleasing includes receiving payment to cover rent and utility costs by a person
living in the unit who is not listed as a family member.
• The family must supply any information requested by the PHA to verify that the family is
living in the unit or information related to family absence from the unit.
• The family must promptly notify the PHA when the family is absent from the unit.
IRCHSD Policy
Notice is required under this provision only when all family members will be absent
from the unit for an extended period. An extended period is defined as any period
greater than 30 calendar days. Written notice must be provided to the PHA at the
start of the extended absence.
• The family must pay utility bills and provide and maintain any appliances that the owner
is not required to provide under the lease [Form HUD -52646, Voucher].
• The family must not own or have any interest in the unit, (other than in a cooperative and
owners of a manufactured home leasing a manufactured home space).
• Family members must not commit fraud, bribery, or any other corrupt or criminal act in
connection with the program. (See Chapter 14, Program Integrity for additional information).
• Family members must not engage in drug-related criminal activity or violent criminal activity
or other criminal activity that threatens the health, safety or right to peaceful enjoyment of
other residents and persons residing in the immediate vicinity of the premises. See Chapter
12 for HUD and PHA policies related to drug-related and violent criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that threatens
the health, safety or right to peaceful enjoyment of the other residents and persons
residing in the immediate vicinity of the premises. See Chapter 12 for a discussion of
HUD and PHA policies related to alcohol abuse.
• An assisted family or member of the family must not receive PHA Program assistance
while receiving another housing subsidy, for the same unit or a different unit under any
other federal, state or local housing assistance program.
• A family must not receive PHA Program assistance while residing in a unit owned by a
parent, child, grandparent, grandchild, sister or brother of any member of the family, unless
the PHA has determined (and has notified the owner and the family of such determination)
that approving rental of the unit, notwithstanding such relationship, would provide
reasonable accommodation for a family member who is a person with disabilities. [Form
HUD -52646, Voucher]
Limitation on Profit -Making Activity in Unit
IRCHSD Policy
Any business activity that results in the family's inability to use any of the living areas in the
unit, such as a bedroom utilized for a business which is not available for sleeping, is
prohibited.
Any use of the unit for a business that is not incidental to its use as a dwelling unit is
prohibited. Any illegal business or business not permitted by zoning is prohibited.
Part 11: Subsidy Standards and Voucher issuance
5 -II A. OVERVIEW
The PHA must establish subsidy standards that determine the number of bedrooms needed for
families of different sizes and compositions. This part presents the policies that will be used to
determine the family unit size (also known as the voucher size) a particular family should receive, and
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Administrative Plan Indian River County Housing Services Division
the policies that govern making exceptions to those standards. The PHA must also establish policies
related to the issuance of the voucher, to the voucher term, and to any extensions of the voucher
term.
5 -II B. DETERMINING FAMILY UNIT (VOUCHER) SIZE [24 CFR 982.4021
For each family, the PHA determines the appropriate number of bedrooms under the PHA
subsidy standards and enters the family unit size on the voucher that is issued to the family. The
family unit size does not dictate the size of unit the family must actually lease, nor does it
determine who within a household will share a bedroom/sleeping room.
The following requirements apply when the PHA determines family unit size:
• The subsidy standards must provide for the smallest number of bedrooms needed to house
a family without overcrowding.
• The subsidy standards must be consistent with space requirements under the housing
quality standards.
• The subsidy standards must be applied consistently for all families of like size and composition.
• A child who is temporarily away from the home because of placement in foster care
is considered a member of the family in determining the family unit size.
• A family that consists of a pregnant woman (with no other persons) must be treated as a
two -person family.
• Any live-in aide (approved by the PHA to reside in the unit to care for a family member who is
disabled or is at least 50 years of age) must be counted in determining the family unit size
• Unless a live -in -aide resides with a family, the family unit size for any family consisting of a
single person must be either a zero- or one -bedroom unit, as determined under the PHA
subsidy standards.
IRCHSD Policy
The following guidelines will be used to determine the appropriate number of bedrooms
for a household:
o The PHA will assign one bedroom for each two persons, based on gender, within
the household.
o Two persons of the same gender (e.g., two females or two males) will share one
bedroom.
o Persons of the opposite sex, except for spouses or children under age 5, will be
allocated separate bedrooms.
o A live-in aide will be allocated a separate bedroom.
o Single -person households will be allocated either zero or one bedroom, based on
program guidelines.
IRCHSD will reference the following chart in determining the appropriate voucher size
for a family:
Persons in ftu,,e void
Voucher Minimum Maximum
0 Bedroom
1
2
1 Bedroom
1
2
2 Bedrooms
2
4
3 Bedrooms
3
6
4 Bedrooms
4
8
5 Bedrooms
5
10
Unit Size Selected if Different from Voucher [24 CFR 982.402(c)1
The family that selects a dwelling unit of a different size than that listed on the voucher shall be
subject to the following:
• Subsidy Limitation: The payment standard for a family shall be the lower of:
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Administrative Plan Indian River County Housing Services Division
1. The payment standard for the number of bedrooms allowed based on family size and
composition, according to the guidelines noted above; or
2. The payment standard amount for the actual number of bedrooms for the unit rented
by the family.
• Utility Estimate: The utility estimate used to calculate the gross rent is based on the lower
of the family's voucher size, or the unit size.
5 -II C. EXCEPTIONS TO SUBSIDY STANDARDS
In determining family unit size for a particular family, the PHA may grant an exception to its
established subsidy standards if IRCHSD determines that the exception is justified by the age,
sex, health, handicap, or relationship of family members or other personal circumstances [24 CFR
982.402(b)(8)]. Reasons may include, but are not limited to:
A need for an additional bedroom for medical equipment
A need for a separate bedroom for reasons related to a family member's disability,
medical or health condition
For a single person who is not elderly, disabled, or a remaining family member, an exception
cannot override the regulatory limit of a zero or one bedroom [24 CFR 982.402(b)(8)].
IRCHSD Policy
IRCHSD may grant exceptions from the subsidy standards only if the family makes a
written request for a larger voucher size that provides compelling reasons to prove that an
exception is necessary. The need for an exception shall be supported by documentation
from relevant qualified professionals (e.g., licensed medical or social service professionals,
court or law enforcement officials). Before granting subsidy for additional bedrooms,
IRCHSD must find that an exception is necessary based upon the information provided by
the family.
Accommodation for a Person with Disabilities
IRCHSD may grant an exception to voucher size standards as an accommodation for
persons with disabilities if subsidy for an additional bedroom is shown to be needed.
Such requests must be made in writing. Both the nature of the disability and the reasons
for the additional bedroom related to the disability must be verified by a doctor or other
medical professional or a licensed social service professional.
Under -housed and Over -housed Families
Families are required to notify IRCHSD of all increases or decreases in household size within
10 days of the date of the increase or decrease.
If a unit does not meet Housing Quality Standards (HQS) cited below due to an increase in
family size (making the unit too small), IRCHSD will issue a new voucher of the appropriate
size.
If a family becomes under -housed as the result of a decrease in household size, such
that it no longer meets the minimum occupancy standards outlined above, IRCHSD will
reduce its subsidy to the appropriate voucher size at the latter of the family's next annual
review\update or after fulfilling the initial lease term following the reduction in household
size.
IRCHSD may make an exception as an accommodation for a person with a disability or
for a family that has a member with a disability.
Minimum Occupancy Standards Observed
When additional bedrooms have been allocated to a family for a larger voucher size,
minimum occupancy standards must still be met (see chart above). An accommodation
request for an exception to the minimum occupancy standards will be forwarded to a
manager, who will review and respond to the request.
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Administrative Plan Indian River County Housing Services Division
5 -II D. VOUCHER ISSUANCE [24 CFR 982.3021
When a family is selected from the waiting list (or as a special admission as described in Chapter
4), or when a participant family wants to move to another unit, the PHA issues a Housing Choice
Voucher, form HUD -52646. This chapter deals only with voucher issuance for applicants. For
voucher issuance associated with moves of program participants, please refer to Chapter 10.
The voucher is the family's authorization to search for housing. It specifies the unit size for which
the family qualifies and includes both the date of voucher issuance and date of expiration. It
contains a brief description of how the program works and explains the family obligations under the
program. The voucher is evidence that the PHA has determined the family to be eligible for the
program, and that the
PHA expects to have money available to subsidize the family if the family finds an approvable
unit. However, IRCHSD does not have any liability to any party by the issuance of the voucher,
and the voucher does not give the family any right to participate in the PHA's housing choice
voucher program [Voucher, form HUD -52646]
A voucher can be issued to an applicant family only after the PHA has determined that the family is
eligible for the program based on verification of information received within the 60 days prior to
issuance [24 CFR 982.201(e)] and after the family has attended an oral briefing [HCV 8-1 ].
IRCHSD Policy
Following the briefing session, each household will be issued a voucher, which represents
a contractual agreement between IRCHSD and the family, specifying the rights and
responsibilities of each party. It does not constitute admission to the program, which
occurs when the lease and contract become effective.
The PHA should have sufficient funds to house an applicant before issuing a voucher. If funds are
insufficient to house the family at the top of the waiting list, the PHA must wait until it has adequate
funds before it calls another family from the list [HCV GB p. 8-101.
IRCHSD Policy
Prior to issuing any vouchers, IRCHSD will determine whether it has sufficient funding in
accordance with the policies in Part VIII of Chapter 16.
If the PHA determines that there is insufficient funding after a voucher has been issued, the
PHA may rescind the voucher and place the affected family back on the waiting list.
5 -II E. VOUCHER TERM AND EXTENSIONS
Voucher Term [24 CFR 982.303]
The initial term of a voucher must be at least 60 calendar days. The initial term must be stated on
the voucher [24 CFR 982.303(a)].
IRCHSD Policy
The initial voucher term will be 60 calendar days. The family must have a Request for
Tenancy Approval and Lease submitted on their behalf by a landlord within the 60 -day
period unless an extension has been granted by IRCHSD.
Extensions of Voucher Term 1`24 CFR 982.303(b)1
The PHA has the authority to grant extensions of search time, to specify the length of an
extension, and to determine the circumstances under which extensions will be granted. There is
no limit on the number of extensions that the PHA can approve. Discretionary policies related to
extension and expiration of search time must be described in the PHA's administrative plan
[24 CFR 982.54].
PHAs must approve additional search time if needed as a reasonable accommodation to make the
program accessible to and usable by a person with disabilities. The extension period must be
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Administrative Plan Indian RNer County Housing Services Division
reasonable for the purpose.
The family must be notified in writing of the PHA's decision to approve or deny an extension. The
PHA's decision to deny a request for an extension of the voucher term is not subject to informal
review [24 CFR 982.554(c)(4)].
IRCHSD LcIjEy,
Will approve additional extensions only in the following circumstances:
• It is necessary as a reasonable accommodation for a person with disabilities.
• It is necessary due to reasons beyond the family's control, as determined. Following
is a list of extenuating circumstances that may be considered in making its decision.
The presence of these circumstances does not guarantee that an extension will be
granted:
o Whether the family has already submitted requests for tenancy approval
that were not approved;
o Whether affordable housing is available;
o An extension will only be granted for an additional 30 to 60 days after the
first 60 days were granted, if applicable.
Any request for an additional extension must include the reason(s) an additional extension is
necessary. IRCHSD staff may require the family to provide documentation to support the
request or obtain verification from a qualified third party.
All requests for extensions to the voucher term must be made in writing and submitted prior
to the expiration date of the voucher (or extended term of the voucher).
A decision will be made whether to approve or deny an extension request within 10
business days of the date the request is received and will immediately provide the family
written notice of its decision.
Suspensions of Voucher Term [24 CFR 982.303(c)1
The PHA must provide for suspension of the initial or any extended term of the voucher from the
date the family submits a request for PHA approval of the tenancy until the date the PHA notifies
the family in writing whether the request has been approved or denied.
IRCHSD Policy
If the voucher expires and is not extended by IRCHSD prior to the date of expiration, the
family will be denied assistance. The family will not be entitled to a review or hearing when a
voucher expires. If the family is currently assisted, and has been issued a voucher to move,
they may remain as a participant in their unit for as long as there is an assisted
lease/contract in effect.
Within 10 business days after the expiration of the voucher term or any extension,
IRCHSD will notify the family in writing that the voucher term has expired and that the
family must reapply in order to be placed on the waiting list.
Expiration of Voucher Term
Once a family's housing choice voucher term (including any extensions) expires, the family is no
longer eligible to search for housing under the program. If the family still wishes to receive
assistance, an Agency may require that the family reapply or may place the family on the waiting list
with a new application date but without requiring reapplication. Such a family does not become
ineligible for the program on the grounds that it was unable to locate a unit before the voucher
expired [HCV GB p. 8-131.
IRCHSD Policy
If an applicant family's voucher term or extension expires before the IRCHSD staff has
approved a tenancy, they will require the family to reapply for assistance.
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Administrative Plan Indian River County Housing Services Division
Within 10 business days after the expiration of the voucher term or any extension, they will
notify the family in writing that the voucher term has expired and that the family must reapply
in order to be placed on the waiting list.
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Administrative Plan Indian River County Housing Services Division
Chapter 6: Income and Subsidy Determinations
A family's income determines eligibility for assistance and is also used to calculate the family's
payment and the PHA's subsidy. The PHA will use the policies and methods described in this
chapter to ensure that only eligible families receive assistance and that no family pays more or less
than its obligation under the regulations. This chapter describes HUD regulations and HCV policies
related to these topics in three parts as follows:
Part I: Annual Income. HUD regulations specify the sources of income to include and
exclude to arrive at a family's annual income. These requirements and PHA policies for
calculating annual income are found in Part I.
Part II: Adjusted Income. Once annual income has been established HUD regulations
require the PHA to subtract from annual income any of five mandatory deductions for
which a family qualifies. These requirements and PHA policies for calculating adjusted
income are found in Part II.
Part III: Calculating Family Share and PHA Subsidy. This part describes the statutory
formula for calculating total tenant payment (TTP), the use of utility allowances, and the
methodology for determining PHA subsidy and required family payment.
Part I: Annual Income
6-1 A. OVERVIEW
"Annual income" is the gross income, prior to any HUD allowed expenses or deductions, after
federally mandated exclusions under 24 CFR 5.609(c) anticipated to be received by all family
members in the 12 months following certification or recertification. Annual income is used to
determine whether applicants are within the applicable income limits.
The general regulatory definition of annual income shown below is from 24 CFR 5.609.5.609 Annual
income.
• Annual income means all amounts, monetary or not, which:
• Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other
family member; or
• Are anticipated to be received from a source outside the family during the 12 -month period
following admission or annual reexamination effective date; and
• Which are not specifically excluded in paragraph [5.609(c)].
• Annual income also means amounts derived (during the 12 -month period) from assets to
which any member of the family has access.
In addition to this general definition, HUD regulations establish policies for treating specific types of
income and assets. The full texts of those portions of the regulations are provided in exhibits at the
end of this chapter as follows:
• Annual Income Inclusions (Exhibit 6-1)
• Annual Income Exclusions (Exhibit 6-2)
• Treatment of Family Assets (Exhibit 6-3)
• Earned Income Disallowance for Persons with Disabilities (Exhibit 6-4)
• The Effect of Welfare Benefit Reduction (Exhibit 6-5)
Sections 6-1.13 and 6-I.0 discuss general requirements and methods for calculating annual income.
The rest of this section describes how each source of income is treated for the purposes of
determining annual income. HUD regulations present income inclusions and exclusions
separately [24 CFR 5.609(b) and 24 CFR 5.609(c)]. In this plan, however, the discussions of
income inclusions and exclusions are integrated by topic (e.g., all policies affecting earned
income are discussed together in section 6-I.D). Verification requirements for annual income are
discussed in Chapter 7.
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Administrative Plan Indian River County Housing Services Division
6-1 B. HOUSEHOLD COMPOSITION AND INCOME
Income received by all family members must be counted unless specifically excluded by the
regulations. It is the responsibility of the head of household to report changes in family
composition. The rules on which sources of income are counted vary somewhat by family
member. The chart below summarizes how family composition affects income determinations.
Summary of Income Included and Excluded by Person
Live-in aides
Income from all sources is excluded [24 CFR 5.609(c)(5)].
Foster child or foster adult
Income from all sources is excluded [24 CFR 5.609(c)(2)].
Head, spouse, co-head or
All sources of income not specifically excluded by
Other adult family
the regulations are included.
Children under 18 years of
Employment income is excluded [24 CFR 5.609(c)(1)].
age
All other sources of income, except those specifically
excluded by the regulations, are included.
Full-time students 18
Employment income above $480/year is excluded [24
years of age or older
CFR 5.609(c)(11)].
(not head, spouse, or
All other sources of income, except those specifically
co-head)
excluded by the regulations, are included.
Temporarily Absent Family Members
The income of family members approved to live in the unit will be counted, even if the family
member is temporarily absent from the unit [HCV GB, p. 5-18].
IRCHSD Policy
"Temporarily absent" is defined as away from the unit for less than 60 days for the head of
household and less than 180 days for all other household members. An employed head,
spouse, or cohead absent from the unit more than 180 consecutive days due to
employment will continue to be considered a family member. An individual who is or is
expected to be absent from the assisted unit for more than 180 consecutive days is
considered permanently absent and no longer a family member.
IRCHSD must compute all applicable income of every family member, including
those who are temporarily absent.
Income of persons permanently absent will not be counted. If the spouse is temporarily
absent and in the military, all military pay and allowances (except hazardous duty pay
when exposed to hostile fire and any other exceptions to military pay HUD may define) is
counted as income.
It is the responsibility of the head of household to report changes in family composition.
IRCHSD will evaluate absences from the unit using this policy. (24 CFR 982.551(h)(7)(1)).
Exceptions to this general policy are discussed below.
Absent Students
IRCHSD
WP_ ®°
hen someone who has been considered a family member attends school away from
home, the person will continue to be considered a family member unless information
becomes available to the PHA indicating that the student has established a separate
household, or the family declares that the student has established a separate household.
Absences Due to Placement in Foster Care
Children temporarily absent from the home as a result of placement in foster care are considered
members of the family [24 CFR 5.4031.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
If a child has been placed in foster care, IRCHSD will verify with the appropriate agency
whether and when the child is expected to be returned to the home.
If the time period is to be greater than 12 months from the date of removal of the
child/children, the voucher size will be reduced. If all children are removed from the home
permanently, the voucher size will be reduced in accordance with IRCHSD's subsidy
standards.
Absence of Entire Family
IRCHSD Policy
These policy guidelines address situations when the family is absent from the unit but has
not moved out of the unit. In cases where the family has moved out of the unit, IRCHSD will
terminate assistance in accordance with appropriate termination procedures contained in
this Plan.
Families are required both to notify IRCHSD before they move out of a unit and to give
IRCHSD information about any family absence from the unit.
If the entire family is absent from the assisted unit for more than 60 consecutive days or if
IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will be
considered to be vacated, and the assistance will be terminated.
"Absent" means that no family member is residing in the unit.
In order to determine if the family is absent from the unit, IRCHSD may investigate the
situation by taking action, including but not limited to the following:
1. Write letters to the family at the unit;
2. Telephone the family at the unit;
3. Interview neighbors
4. Verify if utilities are in service; and
5. Check with the post office.
A person with a disability may request an extension of time as an accommodation, provided
that the extension does not go beyond the HUD -allowed 180 consecutive calendar days'
limit.
Absence Due to Medical Reasons
If a family member is confined to a nursing home or hospital on a permanent basis, that person is no
longer considered a family member and the income of that person is not counted [HCV GB, p. 5-22].
IRCHSD Policy
If any family member leaves the household to enter a facility such as hospital, nursing
home, or rehabilitation center, IRCHSD will seek advice from a reliable qualified source as
to the likelihood and timing of their return. If the verification indicates that the family
member will be permanently confined to a nursing home, the family member will be
considered permanently absent. If the verification indicates that the family member will
return in less than 180 consecutive days, the family member will not be considered
permanently absent.
If the person who is determined to be permanently absent is the sole member of the
household, assistance will be terminated in accordance with IRCHSD's "Absence of Entire
Family" policy.
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Administrative Plan Indian River County Housing Services Division
Joint Custody of Dependents
IRCHSD Policy
Dependents that are subject to a joint custody arrangement will be considered a member
of the family, if they live with the applicant or participant family 50 percent or more of the
time.
When more than one applicant or participant family is claiming the same dependents as
family members, the family with primary custody at the time of the initial examination or
reexamination will be able to claim the dependents. If there is a dispute about which
family should claim them, IRCHSD will make the determination based on available
documents such as court orders, or an IRS return showing which family has claimed the
child for income tax purposes.
Caretakers for a Child
IRCHSD Policy
The approval of a caretaker is at the owner and IRCHSD discretion and subject to the owner
and PHAs screening criteria. If neither a parent nor a designated guardian remains in a
household receiving HCV assistance, the following actions will be taken:
1) If a responsible agency has determined that another adult is to be brought into the
assisted unit to care for a child for an indefinite period, the designated caretaker will
not be considered a family member until a determination of custody or legal
guardianship is made.
2) If a caretaker has assumed responsibility for a child without the involvement of a
responsible agency or formal assignment of custody or legal guardianship, the
caretaker will be treated as a visitor for 90 days. After the 90 days has elapsed, the
caretaker will be considered a family member unless information is provided that
would confirm that the caretaker's role is temporary. In such cases IRCHSD will
extend the caretaker's status as an eligible visitor.
3) At any time that custody or guardianship legally has been awarded to a caretaker,
the housing choice voucher will be transferred to the caretaker.
4) During any period that a caretaker is considered a visitor, the income of the
caretaker is not counted in annual income and the caretaker does not qualify the
family for any deductions from income.
6-1 C. ANTICIPATING ANNUAL INCOME
The PHA is required to count all income "anticipated to be received from a source outside the
family during the 12 -month period following admission or annual reexamination effective date"
[24 CFR 5.609(a)(2)]. Policies related to anticipating annual income are provided below.
Basis of Annual Income Projection
The PHA generally will use current circumstances to determine anticipated income for the
coming 12 -month period. HUD authorizes the PHA to use other than current circumstances to
anticipate income when:
• An imminent change in circumstances is expected [HCV GB, p. 5-171
• It is not feasible to anticipate a level of income over a 12 -month period (e.g., seasonal or
cyclic income) [24 CFR 5.609(d)]
• The PHA believes that past income is the best available indicator of expected future
income [24 CFR 5.609(d)]
PHAs are required to use HUD's Enterprise Income Verification (EIV) system in its entirety as a
third -party source to verify employment and income information, and to reduce administrative
subsidy payment errors in accordance with HUD administrative guidance [24 CFR 5.233(a)(2)].
HUD allows PHAs to use tenant -provided documents (pay stubs) to project income once EIV
data has been received in such cases where the family does not dispute the EIV employer data
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and where the PHA does not determine it is necessary to obtain additional third -party data.
IRCHSD Policy
When EIV is obtained and the family does not dispute the EIV employer data, IRCHSD
may use current tenant -provided documents to project annual income. When the tenant -
provided documents are pay stubs, IRCHSD will make every effort to obtain current and
consecutive pay stubs dated within the last 60 days.
IRCHSD may obtain written and/or oral third -party verification in accordance with the
verification requirements and policy in Chapter 7 in the following cases:
• If EIV or other UIV data is not available,
• If the family disputes the accuracy of the EIV employer data, and/or
• If IRCHSD determines additional information is needed.
In such cases, IRCHSD will review and analyze current data to anticipate annual income. In all
cases, the family file will be documented with a clear record of the reason for the decision, and a
clear audit trail will be left as to how IRCHSD annualized projected income.
When annual income cannot be anticipated for a full 12 months, IRCHSD may average known
sources of income that vary to compute an annual income or annualize current income and
conduct an interim re-examination if income changes. If there are bonuses or overtime which the
employer cannot anticipate for the next 12 months, bonuses and overtime received the previous
year will be used.
If, by averaging, an estimate can be made for those families whose income fluctuates from month
to month, this estimate will be used so as to reduce the number of interim adjustments. The method
used depends on the regularity, source and type of income.
Any time current circumstances are not used to project annual income, a clear rationale for the
decision will be documented in the file. In all such cases the family may present information and
documentation to IRCHSD to show why the historic pattern does not represent the family's
anticipated income.
Known Changes in Income
If IRCHSD verifies an upcoming increase or decrease in income, annual income will be calculated by
applying each income amount to the appropriate part of the 12 -month period.
Projecting Income
In HUD's EIV webcast of January 2008, HUD made clear that PHAs are not to use EIV quarterly
wages to project annual income.
6-1 D. EARNED INCOME
Types of Earned Income Included in Annual Income
Wages and Related Compensation
The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions,
fees, tips and bonuses, and other compensation for personal services is included in annual income
[24 CFR 5.609(b)(1)].
Some Types of Military Pay
All regular pay, special pay and allowances of a member of the Armed Forces are counted [24 CFR
5.609(b)(8)] except for the special pay to a family member serving in the Armed Forces who is
exposed to hostile fire [24 CFR 5.609(b)(11)].
Types of Earned Income Not Counted in Annual Income Nonrecurring Income
(24 CFR 5.609(b)(24)]
This type of income (including gifts) is not included in annual income. Sporadic income
includes temporary payments from the U.S. Census Bureau for employment lasting no longer than
180 days [Notice PIH 2009-191.
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Administrative Plan Indian River CdUnty.Housing Services Division
iRCHSD 21ic
Sporadic income is income that is not received periodically and cannot be reliably
predicted. For example, the income of an individual who works occasionally as a
handyman would be considered sporadic if future work could not be anticipated and no
historic, stable pattern of income existed.
Children's Earnings
Employment income earned by children (including foster children) under the age of 18 years is not
included in annual income [24 CFR 5.609(b(3)]. (See Eligibility chapter for a definition of foster
children.)
Certain Earned Income of Full -Time Students
Earnings in excess of $480 for each full-time student 18 years old or older (except for the head,
spouse, or cohead) are not counted [24 CFR 5.609(b)(14)]. To be considered "full-time," a
student must be considered "full-time" by an educational institution with a degree or certificate
program [HCV GB, p. 5291.
Income of a Live-in Aide
Income earned by a live-in aide, as defined in [24 CFR 5.403], is not included in annual income
[24 CFR5.609(b)(8)]. (See Eligibility chapter for a full discussion of live-in aides.)
Income Earned under Certain Federal Programs
Income from some federal programs is specifically excluded from consideration as income [24 CFR
5.609(b)(22)], including:
• Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42 U.S.C.
5044(g), 5058)
• Awards under the federal work-study program (20 U.S.C. 1087 uu)
• Payments received from programs funded under Title V of the Older Americans Act of
1985 (42 U.S.C. 3056(f))
• Allowances, earnings, and payments to AmeriCorps participants under the
National and Community Service Act of 1990 (42 U.S.C. 12637(d))
• Allowances, earnings, and payments to participants in programs funded under the
Workforce Investment Act of 1998 (29 U.S.C. 2931)
Certain Payments for the care of household members
• Payments relayed to aid and attendance to veterans in need of regular aid and attendance
(24 CFR 5.609(b)(17))
• Payments made by or authorized by a State Medicaid agency to enable a family member
who has a disability to reside in the family's assisted unit (24 CFR 5.609(b)(19))
Resident Service Stipend
Amounts received under a resident service stipend are not included in annual income. A resident
service stipend is a modest amount (not to exceed $200 per individual per month) received by a
resident for performing a service for the PHA or owner, on a part-time basis, that enhances the
quality of life in the development. [24 CFR 5.609(b)(3)(iii)]. Such services may include, but are not
limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and
serving as a member of a governing board. No resident may receive more than one such stipend
during the same period of time [24 CFR 5.600(c)(8)(iv)].
State and Local Employment Training Programs
Incremental earnings and benefits to any family member resulting from participation in qualifying
state or local employment training programs (including training programs not affiliated with a local
government) and training of a family member as resident management staff are excluded from
annual income. Amounts excluded by this provision must be received under employment training
programs with clearly defined goals and objectives and are excluded only for the period during
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Administrative Plan Indian River County Housing Services Division
which the family member participates in the training program [24 CFR 5.609(b)(3)(iv)].
IRCHSD Policy
In order for IRCHSD to exclude income while a participant is enrolled in a training program,
IRCHSD must ascertain that the income is earned from a qualified state or local
employment training program. This rule applies to applicants and HCV participants. The
Department of Housing and Urban Development (HUD) allows for the exemption of income
based on very specific guidelines.
According to the HUD Code of Federal Regulations 24 CFR 5.609(c), annual income does
not include the following:
• "Amounts received under training programs that are funded by HUD;" or
• "Incremental earnings and benefits resulting to any family member from participation
in qualifying state or local employment training programs. Amounts excluded by this
provision must be received under employment training programs with clearly defined
goals and objectives and are excluded only for the period which the family member
participates in the employment training program."
In order for the PHA Program to exempt training program income:
• The training program must provide a current statement of goals and objectives to be
attained through participation in the program and a specific timeline for such
accomplishments; and
• Ongoing training program participation must be a condition of the job placement. There
must be a determination that the participant would not earn the same income in the job
placement if they did not participate in the training program.
Earned Income Disallowance
The earned income disallowance for persons with disabilities is discussed in section 6-I.E below.
6-1 E. EARNED INCOME DISALLOWANCE FOR PERSONS WITH
DISABILITIES [24 CFR 5.617; STREAMLINING FINAL RULE (SFR)
FEDERAL REGISTER 3/8/16]
The earned income disallowance (EID) encourages people with disabilities to enter the work force by
not including the full value of increases in earned income for a period of time. The full text of 24 CFR
5.617 is included as Exhibit 6-4 at the end of this chapter. Eligibility criteria and limitations on the
disallowance are summarized below.
Eligibility
Effective 1/1/2024, new participants in the Earned Income Disallowance are no longer accepted by
HUD. Active participants will continue in the program as described below.
This disallowance applies only to individuals in families already participating in the PHA Program
(not at initial examination). To qualify, the family must experience an increase in annual income
that is the result of one of the following events:
• Employment of a family member who is a person with disabilities and who was previously
unemployed for one or more years prior to employment. Previously unemployed includes a
person who annually has earned not more than the minimum wage applicable to the community
multiplied by 500 hours. The applicable minimum wage is the federal minimum wage unless
there is a higher state or local minimum wage.
Increased earnings by a family member who is a person with disabilities and whose
earnings increase during participation in an economic self-sufficiency or job -training
program. A self-sufficiency program includes a program designed to encourage, assist,
train, or facilitate the economic independence of HUD -assisted families or to provide work to
such families [24 CFR 5.603(b)].
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Administrative Plan Indian River County Housing Services Division
New employment or increased earnings by a family member who is a person with disabilities and
who has received benefits or services under Temporary Assistance for Needy Families (TANF)
or any other state program funded under Part A of Title IV of the Social Security Act within the
past six months. If the benefits are received in the form of monthly maintenance, there is no
minimum amount. If the benefits or services are received in a form other than monthly
maintenance, such as one-time payments, wage subsidies, or transportation assistance, the
total amount received over the six-month period must be at least $500.
Calculation of Disallowance
Calculation of the earned income disallowance for an eligible member of a qualified family begins
with a comparison of the member's current income with their "baseline income." The family
member's baseline income is their income immediately prior to qualifying for the EID. The family
member's baseline income remains constant throughout the period that they are participating in the
EID. While qualification for the disallowance is the same for all families, calculation of the
disallowance will differ depending on when the family member qualified for the EID. Participants
qualifying prior to May 9, 2016, will have the disallowance calculated under the "Original Calculation
Method" described below which requires a maximum lifetime disallowance period of up to 48
consecutive months. Participants qualifying on or after May 9, 2016, will be subject to the "Revised
Calculation Method" Which shortens the lifetime disallowance period to 24 consecutive months.
Under both the original and new methods, the EID eligibility criteria, the benefit amount, the single
lifetime eligibility requirement and the ability of the applicable family member to stop and restart
employment during the eligibility period are the same.
IRCHSD Policy
The earned income exclusion will be reported on the HUD Form 50058. Documentation
will be included in the family's file to show the reason for the reduced increase in rent.
Such documentation will include:
• Date the increase in earned income was reported by the family;
• Name of the family member whose earned income increased;
• Reason (new employment, participation in job training program, within six
months after receiving TANF) for the increase in earned income;
• Amount of the increase in earned income (amount to be excluded);
• Date the increase in income is first excluded from annual income;
• Date the 12 -month phase-in period began; and
• Ending date of the maximum 24 -month (2 -year) disallowance period (24 months
from the date of the initial earned income disallowance).
IRCHSD will maintain a tracking system to ensure correct application of the
earned income disallowance.
Original Calculation Method
Initial 12 -Month Exclusion
During the initial 12 -month exclusion period, the full amount (100 percent) of any increase in income
attributable to new employment or increased earnings is excluded. The 12 months are cumulative
and need not be consecutive.
IRCHSD Policy
The initial EID exclusion period will begin on the first of the month following the date an
eligible member of a qualified family is first employed or first experiences an increase in
earnings.
Second 12 -Month Exclusion and Phase -In
During the second 12 -month exclusion period, the exclusion is reduced to half (50 percent) of any
increase in income attributable to employment or increased earnings. The 12 months are
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Administrative Plan Indian River County Housing Services Division
cumulative and need not be consecutive.
Lifetime Limitation
The EID has a four-year (48 -month) lifetime maximum. The four-year eligibility period begins at the
same time that the initial exclusion period begins and ends 48 months later. The one-time eligibility
for the EID applies even if the eligible individual begins to receive assistance from another housing
agency, if the individual moves between public housing and Section 8 assistance, or if there are
breaks in assistance.
IRCHSD Policy
During the 48 -month eligibility period, IRCHSD will schedule and conduct an interim
reexamination each time there is a change in the family member's annual income that
affects or is affected by the EID (e.g., when the family member's income falls to a level at
or below their prequalifying income, when one of the exclusion periods ends, and at the
end of the lifetime maximum eligibility period).
Revised Calculation Method
Initial 12 -Month Exclusion
During the initial exclusion period of 12 consecutive months, the full amount (100 percent) of any
increase in income attributable to new employment or increased earnings is excluded.
IRCHSD Policy
During the 12 -month period beginning on the date a disabled family member is employed,
any increase in income received by a disabled family member as a result of employment will
be excluded from the annual income of a qualified family.
Second 12 -Month Exclusion
During the second exclusion period of 12 consecutive months, the PHA must exclude at least 50
percent of any increase in income attributable to employment or increased earnings.
IRCHSD Policy
During the second 12 -month period after the expiration of the initial 12 -month period
referred to above, 50 percent of any increase in income of a disabled family member as a
result of employment of that family member shall be excluded from the annual income of a
qualified family. The increase shall be measured from the date immediately prior to the
beginning of such employment.
Lifetime Limitation
The EID has a two-year (24 -month) lifetime maximum. The two-year eligibility period begins at the
same time that the initial exclusion period begins and ends 24 months later. During the 24 -month
period, an individual remains eligible for EID even if they begin to receive assistance from a different
housing agency, move between public housing and Section 8 assistance, or have breaks in
assistance.
6-1 F. BUSINESS INCOME [24 CFR 5.609(B)(2)1
Annual income includes "the net income from the operation of a business or profession.
Expenditures for business expansion or amortization of capital indebtedness shall not be used as
deductions in determining net income. An allowance for depreciation of assets used in a business
or profession may be deducted, based on straight line depreciation, as provided in Internal
Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or
profession will be included in income, except to the extent the withdrawal is reimbursement of cash
or assets invested in the operation by the family" [24 CFR 5.609(b)(2)].
Business Expenses
Net income is "gross income less business expense" [HCV GB, p. 5-19].
!RC HSD P-ai t
To determine business expenses that may be deducted from gross income, IRCHSD will
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Administrative Plan Indian River County Housing Services Division
use current applicable Internal Revenue Service (IRS) rules for determining allowable
business expenses [see IRS Publication 5351, unless a topic is addressed by HUD
regulations or guidance as described below.
Business Expansion
HUD regulations do not permit the PHA to deduct from gross income expenses for business
expansion.
IRCHSD Policy
"Business expansion" is defined as any capital expenditures made to add new business
activities, to expand current facilities, or to operate the business in additional locations. For
example, purchase of a street sweeper by a construction business for the purpose of adding
street cleaning to the services offered by the business would be considered a business
expansion. Similarly, the purchase of a property by a hair care business to open at a second
location would be considered a business expansion.
Capital Indebtedness
HUD regulations do not permit the PHA to deduct from gross income the amortization of capital
indebtedness.
IRCHSD Policy
"Capital indebtedness" is defined as the principal portion of the payment on a capital asset
such as land, buildings, and machinery. This means IRCHSD will allow as a business
expense interest, but not principal, paid on capital indebtedness.
Negative Business Income
If the net income from a business is negative, no business income will be included in annual income,
a negative amount will not be used to offset other family income.
Withdrawal of Cash or Assets from a Business
HUD regulations require the PHA to include in annual income the withdrawal of cash or assets
from the operation of a business or profession unless the withdrawal reimburses a family
member for cash or assets invested in the business by the family.
IRCHSD Policy
Acceptable investments in a business include cash loans and contributions of assets or
equipment. For example, if a member of an assisted family provided an up -front loan of
$2,000 to help a business get started, IRCHSD will not count as income any withdrawals
from the business up to the amount of this loan until the loan has been repaid. Investments
do not include the value of labor contributed to the business without compensation.
Co -owned Businesses
IRCHSD Policy
If a business is co -owned with someone outside the family, the family must document the
share of the business it owns. If the family's share of the income is lower than its share of
ownership, the family must document the reasons for the difference.
6-1 G. ASSETS [24 CFR 5.609(B)(3); 24 CFR 5.603(B)1
Overview
There is no asset limitation for participation in the PHA Program. However, HUD requires that the
PHA include in annual income the anticipated "interest, dividends, and other net income of any kind
from real or personal property" [24 CFR 5.609(b)(3)]. This section discusses how the income from
various types of assets is determined. For most types of assets, the PHA must determine the value
of the asset in order to compute income from the asset. Therefore, for each asset type, this section
discusses:
How the value of the asset will be determined
How income from the asset will be calculated
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Administrative Plan Indian River County Housin9 Services Division
Exhibit 6-1 provides the regulatory requirements for calculating income from assets
[24 CFR5.609(b)(3)] and Exhibit 6-3 provides the regulatory definition of net family assets.
This section begins with a discussion of general policies related to assets and then provides HUD
rules and PHA policies related to each type of asset.
General Policies
Income from Assets
The PHA generally will use current circumstances to determine both the value of an asset and the
anticipated income from the asset. As is true for all sources of income, HUD authorizes the PHA to
use other than current circumstances to anticipate income when (1) an imminent change in
circumstances is expected (2) it is not feasible to anticipate a level of income over 12 months or (3)
IRCHSD believes that past income is the best indicator of anticipated income. For example, if a
family member owns real property that typically receives rental income, but the property is currently
vacant, the PHA can take into consideration past rental income along with the prospects of
obtaining a new tenant.
IRCHSD Policy
Anytime current circumstances are not used to determine asset income, a clear rationale
for the decision will be documented in the file. In such cases the family may present
information and documentation to IRCHSD to show why the asset income determination
does not represent the family's anticipated asset income.
Valuing Assets
The calculation of asset income sometimes requires the PHA to make a distinction between an
asset's market value and its cash value.
• The market value of an asset is its worth in the market (e.g., the amount a buyer would
pay for real estate or the total value of an investment account).
• The cash value of an asset is its market value of less all reasonable amounts that would be
incurred when converting the asset to cash.
IRCHSD Policy
Reasonable costs that would be incurred when disposing of an asset include, but are not
limited to, penalties for premature withdrawal, broker and legal fees, and settlement costs
incurred in real estate transactions [HCV GB, p. 5-281.
Lump -Sum Receipts
Payments that are received in a single lump sum, such as inheritances, capital gains, lottery
winnings, insurance settlements, and proceeds from the sale of property, are generally considered
assets, not income. However, such lump -sum receipts are counted as assets only if they are
retained by a family in a form recognizable as an asset (e.g., deposited in a savings or checking
account) [RHIIP FAQs]. (For a discussion of lump -sum payments that represent the delayed start of
a periodic payment, most of which are counted as income, see sections 6-I.H and 6-I.I.)
Imputing Income from Assets (24 CFR 5.609(b)(3), Notice PIH 2012-291
When net family assets are $50,000 or less, the PHA will include in annual income the actual
income anticipated to be derived from the assets. When the family has net family assets in excess
of $5,000, the PHA will include in annual income the greater of (1) the actual income derived from
the assets or (2) the imputed income. Imputed income from assets is calculated by multiplying the
total cash value of all family assets by an average passbook savings rate as determined by the
PHA.
Note: The HUD field office no longer provides an interest rate for imputed asset
income. The "safe harbor' is now for the PHA to establish a passbook rate within 0.75
percent of a national average.
The PHA must review its passbook rate annually to ensure that it remains within 0.75
percent of the national average.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Pc�Iicy
When the family has net family assets in excess of $50,000, IRCHSD will include in annual
income the greater of (1) the actual income derived from the assets or (2) the imputed
income. Imputed income from assets is calculated by multiplying the total cash value of all
family assets by the current HUD -established passbook savings rate.
Determining Actual Anticipated Income from Assets
It may or may not be necessary for the PHA to use the value of an asset to compute the actual
anticipated income from the asset. When the value is required to compute the anticipated income
from an asset, the market value of the asset is used. For example, if the asset is a property for
which a family receives rental income, the anticipated income is determined by annualizing the
actual monthly rental amount received for the property; it is not based on the property's market
value. However, if the asset is a savings account, the anticipated income is determined by
multiplying the market value of the account by the interest rate on the account.
Withdrawal of Cash or Liquidation of Investments
Any withdrawal of cash or assets from an investment will be included in income except to the
extent that the withdrawal reimburses amounts invested by the family. For example, when a family
member retires, the amount received by the family from a retirement investment plan is not
counted as income until the family has received payments equal to the amount the family member
deposited into the retirement investment plan.
Jointly Owned Assets
The regulation at 24 CFR 5.609(a)(4) specifies that annual income includes "amounts derived
(during the 12 -month period) from assets to which any member of the family has access."
IRCHSD Policy
If an asset is owned by more than one person and any family member has unrestricted
access to the asset, IRCHSD will count the full value of the asset. A family member has
unrestricted access to an asset when they can legally dispose of the asset without the
consent of the other owners.
If an asset is owned by more than one person, including a family member, but the family
member does not have unrestricted access to the asset, IRCHSD will prorate the asset
according to the percentage of ownership. If no percentage is specified or provided for by
state or local law, IRCHSD will prorate the asset evenly among all owners.
Assets Disposed of for Less than Fair Market Value (24 CFR 5.603(b)1
HUD regulations require the PHA to count as a current asset any business or family asset
that was disposed of for less than fair market value during the two years prior to the effective
date of the examination/reexamination, except as noted below.
Minimum Threshold
The HCV Guidebook permits the PHA to set a threshold below which assets disposed of for less
than fair market value will not be counted [HCV GB, p. 5-27].
IRCHSD Policy
IRCHSD must count assets disposed of for less than fair market value during the two years
preceding certification or re-examination. IRCHSD will count the difference between the
market value and the actual payment received in calculating total assets.
Assets disposed of as a result of foreclosure or bankruptcy are not considered to be
assets disposed of for less than fair market value. Assets disposed of as a result of a
divorce or separation are not considered to be assets disposed of for less than fair
market value.
IRCHSD's minimum threshold for counting assets disposed of for less than fair market
value is $50,000. If the total value of assets disposed of within a one-year period is less
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than $1,000, they will not be considered an asset.
Separation or Divorce
The regulation also specifies that assets are not considered disposed of for less than fair market
value if they are disposed of as part of a separation or divorce settlement and the applicant or
tenant receives important consideration not measurable in dollar terms.
IRCHSD Policy
Assets disposed of as a result of a divorce or separation are not considered to be assets
disposed of for less than fair market value. In order to qualify for this exemption, a family
member must be subject to a formal separation or divorce settlement agreement
established through arbitration, mediation, or court order.
Family Declaration
IRCHSD Policy
Families must sign a declaration form at initial certification and each annual recertification
identifying all assets that have been disposed of for less than fair market value or declaring
that no assets have been disposed of for less than fair market value. IRCHSD may verify
the value of the assets disposed of if other information available to IRCHSD does not
appear to agree with the information reported by the family.
Types of Assets
Checking and Savings Accounts
For regular checking accounts and savings accounts, "cash value" has the same meaning as
"market value". If a checking account does not bear interest, the anticipated income from the
account is zero.
IRCHSD Policy
For accounts valued over $50,000:
• In determining the value of a checking account, IRCHSD will use the average
monthly balance for the last six months.
• In determining the value of a savings account, IRCHSD will use the current balance.
• In determining the anticipated income from an interest-bearing checking or savings
account, IRCHSD will multiply the value of the account by the current rate of interest
paid on the account.
Investment Accounts Such as Stocks, Bonds, Saving Certificates, and Money Market
Funds
Interest or dividends earned by investment accounts are counted as actual income from assets
even when the earnings are reinvested. The cash value of such an asset is determined by
deducting from the market value any broker fees, penalties for early withdrawal, or other costs of
converting the asset to cash.
IRCHSD Policy
For accounts valued over $50,000:
In determining the market value of an investment account, IRCHSD will use the
value of the account on the most recent investment report.
How anticipated income from an investment account will be calculated depends on
whether the rate of return is known. For assets that are held in an investment
account with a known rate of return (e.g., savings certificates), asset income will be
calculated based on that known rate (market value multiplied by rate of earnings).
When the anticipated rate of return is not known (e.g., stocks), IRCHSD will
calculate asset income based on the earnings for the most recent reporting period.
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Equity in Real Property or Other Capital Investments
Equity (cash value) in a property or other capital asset is the estimated current market value of the
asset less than the unpaid balance on all loans secured by the asset and reasonable costs (such as
broker fees) that would be incurred in selling the asset [HCV GB, p. 5-25].
IRCHSD Policy
In determining the equity, IRCHSD will determine market value by examining recent sales
of at least three properties in the surrounding or similar neighborhood that possess
comparable factors that affect market value.
IRCHSD will first use the payoff amount for the loan (mortgage) as the unpaid balance
to calculate equity. If the payoff amount is not available, IRCHSD will use the basic loan
balance information to deduct from the market value in the equity calculation.
Equity in real property and other capital investments is considered in the calculation of
asset income except for the following types of assets:
• Equity accounts in HUD homeownership programs [24 CFR5.603(b)]
• The value of a home currently being purchased with assistance under the PHA
Program Homeownership Option for the first 10 years after the purchase date of the
home [24 CFR 5.603(b), Notice PIH 2012-31
• Equity in owner -occupied cooperatives and manufactured homes in which the family lives
[HCV GB, p. 5-25]
• Equity in real property when a family member's main occupation is real estate
[HCV GB, p. 5-251. This real estate is considered a business asset, and income related to this
asset will be calculated as described in section 6-I.F.
• Interests in Indian Trust lands [24 CFR 5.603(b)]
• Real property and capital assets that are part of an active business or farming operation
[HCV GB, p. 5-251
The PHA must also deduct from the equity the reasonable costs for converting the asset to cash.
Using the formula for calculating equity specified above, the net cash value of real property is the
market value of the loan (mortgage) minus the expenses to convert to cash [Notice PIH 2012-3].
IRCHSD Policy
IRCHSD will require the information necessary to determine the current cash value of
the family's assets (the net amount the family would receive if the asset were converted
to cash).
For the purposes of calculating expenses to convert to cash for real property, IRCHSD
will use ten percent of the market value of the home.
A family may have real property as an asset in two ways: (1) owning the property itself and (2)
holding a mortgage or deed of trust on the property. In the case of a property owned by a family
member, the anticipated asset income generally will be in the form of rent or other payment for the
use of the property. If the property generates no income, actual anticipated income from the asset
will be zero.
In the case of a mortgage or deed of trust held by a family member, the outstanding balance
(unpaid principal) is the cash value of the asset. The interest portion only of payments made to
the family in accordance with the terms of the mortgage or deed of trust is counted as
anticipated asset income.
IRCHSD Policy
In the case of capital investments owned jointly with others not living in a family's unit, a
prorated share of the property's cash value will be counted as an asset if valued at or
over $50,000 unless IRCHSD determines that the family receives no income from the
property and is unable to sell or otherwise convert the asset to cash.
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Administrative Plan Indian River County Housing Services Division
Trusts
A "trust" is a legal arrangement generally regulated by state law in which one party (the creator or
grantor) transfers property to a second party (the trustee) who holds the property for the benefit of
one or more third parties (the beneficiaries).
IRCHSD Policy
The policy on Trusts only applies to those valued at $50,000 or more.
Revocable Trusts
If any member of a family has the right to withdraw the funds in a trust, the value of the trust is
considered an asset [HCV GB, p. 5-25]. Any income earned as a result of investment of trust funds
is counted as actual asset income, whether the income is paid to the family or deposited in the trust.
Nonrevocable Trusts
In cases where a trust is not revocable by, or under the control of, any member of a family, the
value of the trust fund is not considered an asset. However, any income distributed to the family
from such a trust is counted as a periodic payment or a lump -sum receipt, as appropriate [24 CFR
5.603(b)]. (Periodic payments are covered in section 6-I.H. Lump -sum receipts are discussed earlier
in this section.)
Retirement Accounts
Company Retirement/Pension Accounts
In order to correctly include or exclude as an asset any amount held in a company retirement or
pension account by an employed person, the PHA must know whether the money is accessible
before retirement [HCV GB, p. 5-26].
While a family member is employed, only the amount the family member can withdraw without
retiring or terminating employment is counted as an asset [HCV GB, p. 5-26].
After a family member retires or terminates employment, any amount distributed to the family
member is counted as a periodic payment or a lump -sum receipt, as appropriate [HCV GB, p. 5-
261, except to the extent that it represents funds invested in the account by the family member.
(For more on periodic payments, see section 6-I.H.) The balance in the account is counted as an
asset only if it remains accessible to the family member.
IRA, Keogh, and Similar Retirement Savings Accounts
IRA, Keogh, and similar retirement savings accounts are counted as assets even though early
withdrawal would result in a penalty [HCV GB, p. 5-25].
IRCHSD Policy
The policy on Retirement Accounts only applies to those valued at $50,000 or more.
Personal Property
Personal property held as an investment, such as gems, jewelry, coin collections, antique cars, etc.,
is considered an asset [HCV GB, p. 5-25].
IRCHSD Policy
In determining the value of personal property held as an investment, IRCHSD will use the
family's estimate of the value. IRCHSD may obtain an appraisal to confirm the value of
the asset if there is reason to believe that the family's estimated value is off by 10% or
more. The family must cooperate with the appraiser but cannot be charged any costs
related to the appraisal.
Generally, personal property held as an investment generates no income until it is
disposed of. If regular income is generated (e.g., income from renting the personal
property), the amount that is expected to be earned in the coming year is counted as
actual income from the asset.
This only applies to personal property valued at or over $50,000.
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Administrative Plan Indian River County Housing Services Division
Necessary items of personal property are not considered assets [24
CFR5.603(b)].
IRCHSD Policy
Necessary personal property consists of only those items not held as an investment, and
may include clothing, furniture, household furnishings, jewelry, and vehicles, including those
specially equipped for persons with disabilities.
This only applies to personal property valued at or over $50,000.
Life Insurance
The cash value of a life insurance policy available to a family member before death, such as a
whole life or universal life policy, is included in the calculation of the value of the family's assets
[HCV GB 5-25]. The cash value is the surrender value. If such a policy earns dividends or interest
that the family could elect to receive, the anticipated number of dividends or interest is counted as
income from the asset whether or not the family actually receives it.
6-1 H. PERIODIC PAYMENTS
Periodic payments are forms of income received on a regular basis. HUD regulations specify
periodic payments that are and are not included in annual income.
Periodic Payments Included in Annual Income
• Periodic payments from sources such as social security, unemployment and welfare
assistance, annuities, insurance policies, retirement funds, and pensions. However,
periodic payments from retirement accounts, annuities, and similar forms of investments
are counted only after they exceed the amount contributed by the family [24 CFR
5.609(b)(4) and (b)(3)].
• Disability or death benefits and lottery receipts paid periodically, rather than in a single
lump sum [24 CFR 5.609(b)(4) and HCV, p. 5-141.
Lump -Sum Payments for the Delayed Start of a Periodic Payment
Most lump -sums received as a result of delays in processing periodic payments, such as
unemployment or welfare assistance, are counted as income. However, lump -sum receipts for the
delayed start of periodic social security or supplemental security income (SSI) payments are not
counted as income. Additionally, any deferred disability benefits that are received in a lump -sum or
in prospective monthly amounts from the Department of Veterans Affairs are to be excluded from
annual income [24 CFR 5.609(c)(14)].
IRCHSD Policy
When a delayed start payment is not received and reported during the period in which
IRCHSD is processing an annual reexamination, IRCHSD will adjust the family share and
HAP subsidy retroactively for the period the payment was intended to cover. The family may
pay in full any amount due or request to enter into a repayment agreement.
Treatment of Overpayment Deductions from Social Security Benefits
The PHA must make a special calculation of annual income when the Social Security Administration
(SSA) overpays an individual, resulting in a withholding or deduction from their benefit amount until
the overpayment is paid in full. The amount and duration of the withholding will vary depending on
the amount of the overpayment and the percent of the benefit rate withheld. Regardless of the
amount withheld or the length of the withholding period, the PHA must use the reduced benefit
amount after deducting only the amount of the overpayment withholding from the gross benefit
amount [Notice PIH 2012-101.
Periodic Payments Excluded from Annual Income
• Payments received for the care of foster children or foster adults (usually persons with disabilities,
unrelated to the assisted family, who are unable to live alone) [24 CFR 5.609(c)(2)]. Kinship
guardianship assistance payments (Kin -GAP) and other similar guardianship payments are
treated the same as foster care payments and are likewise excluded from annual income [Notice
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Administrative Plan Indian River County Housing Services Division
PIH 2012-1].
IRCHSD Policy
IRCHSD will exclude payments for the care of foster children and foster adults only if the
care is provided through an official arrangement with a local welfare agency [HCV GB, p. 5-
181.
• Amounts paid by a state agency to a family with a member who has a
developmental disability and is living at home to offset the cost of services and
equipment needed to keep the developmentally disabled family member at home
[24 CFR 5.609(c)(16)].
• Amounts received under the Low -Income Home Energy Assistance Program
(42 U.S.C. 1626(c)) [24 CFR 5.609(c)(17)].
• Amounts received under the Child Care and Development Block Grant Act of 1990
(42 U.S.C. 9858q) [24 CFR 5.609(c)(17)].
• Earned Income Tax Credit (EITC) refund payments (26 U.S.C. 320)) [24 CFR
5.609(c)(17)]. Note: EITC may be paid periodically if the family elects to receive the
amount due
as part of payroll payments from an employer.
• Lump -sums received as a result of delays in processing Social Security and SSI
payments (see section 6-I.H.) [24 CFR 5.609(c)(14)].
• Lump -sums or prospective monthly amounts received as deferred disability
benefits from the Department of Veterans Affairs (VA) [24 CFR 5.609(c)(14)]-
6 -11.
.609(c)(14)].
6 -1I. PAYMENTS IN LIEU OF EARNINGS
Payments in lieu of earnings, such as unemployment and disability compensation, worker's
compensation, and severance pay, are counted as income [24 CFR 5.609(b)(5)] if they are
received either in the form of periodic payments or in the form of a lump -sum amount or
prospective monthly amounts for the delayed start of a periodic payment. If they are received in
a one-time lump sum (as a settlement, for instance), they are treated as lump -sum receipts [24
CFR 5.609(c)(3)]. (See also the discussion of periodic payments in section 6-I.1-1 and the
discussion of lump -sum receipts in section 6-I.G.)
6-1 J. WELFARE ASSISTANCE
Overview
Welfare assistance is counted in annual income. Welfare assistance includes Temporary
Assistance for Needy Families (TANF) and any payments to individuals or families based on need
that are made under programs funded separately or jointly by federal, state, or local governments
[24 CFR 5.603(b)].
Sanctions Resulting in the Reduction of Welfare Benefits [24 CFR 5.6151
The PHA must make a special calculation of annual income when the welfare agency imposes
certain sanctions on certain families. The full text of the regulation at 24 CFR 5.615 is provided as
Exhibit 6-5. The requirements are summarized below. This rule applies only if a family was
receiving HCV assistance at the time the sanction was imposed.
Covered Families
The families covered by 24 CFR 5.615 are those "who receive welfare assistance or other public
assistance benefits ('welfare benefits') from a State or other public agency ('welfare agency')
under a program for which Federal, State or local law requires that a member of the family must
participate in an economic self-sufficiency program as a condition for such assistance" [24 CFR
5.615(b)]
Imputed Income
When a welfare agency imposes a sanction that reduces a family's welfare income because the
family commits fraud or fails to comply with the agency's economic self-sufficiency program or
work activities requirement, the PHA must include in annual income "imputed" welfare income.
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Administrative Plan Indian River County Housing Services Division
The PHA must request that the welfare agency provide the reason for the reduction of benefits
and the amount of the reduction of benefits. The imputed welfare income is the amount that the
benefits were reduced as a result of the sanction.
This requirement does not apply to reductions in welfare benefits: (1) at the expiration of the lifetime
or other time limit on the payment of welfare benefits, (2) if a family member is unable to find
employment even though the family member has complied with the welfare agency economic self-
sufficiency or work activities requirements, or (3) because a family member has not complied with
other welfare agency requirements [24 CFR 5.615(b)(2)].
CHSD Pcalcy
The amount of imputed welfare income is determined by IRCHSD, based on written
information supplied to IRCHSD by the welfare agency, including:
• The amount of the benefit reduction;
• The term of the benefit reduction;
• The reason for the reduction; and
• Subsequent changes in the term or amount of the benefit reduction.
• If the family disputes the amount of imputed income, IRCHSD will review the
calculation for accuracy.
• If IRCHSD denies the family's request to modify the amount, IRCHSD will provide the
tenant with a notice of denial, which will include:
• An explanation for IRCHSD's determination of the amount of imputed welfare income.
• A statement that the tenant may request an informal hearing; and
• A statement that the grievance information received from the welfare agency cannot
be disputed at the informal hearing, and the issue to be examined at the informal
hearing will be IRCHSD's determination of the amount of imputed welfare income, not
the welfare agency's determination to sanction the welfare benefits.
Offsets
Imputed welfare income is not included in annual income if the family was not an assisted resident
at the time of sanction. The amount of imputed welfare income is offset by the amount of additional
income a family receives that begins after the sanction was imposed. When additional income is at
least equal to the imputed welfare income, the imputed welfare income is reduced to zero.
6-1 K. PERIODIC AND DETERMINABLE ALLOWANCES [24 CFR 5.609(B)(7)1
Annual income includes periodic and determinable allowances, such as alimony and child support
payments, and regular contributions or gifts received from organizations or from persons not
residing with an assisted family.
Alimony and Child Support
The PHA must count alimony or child support amounts awarded as part of a divorce or separation
agreement.
IRCHSD Policy
Regular alimony and child support payments are counted as income for calculation of Total
Tenant Payment.
IRCHSD will count court -awarded amounts for alimony and child support unless IRCHSD
verifies that: (1) the payments are not being made, and (2) the family has made reasonable
efforts to collect amounts due, including filing with courts or agencies responsible for
enforcing payments [HCV GB, pp. 5-23 and 5-47].
Families who do not have court -awarded alimony and child support awards are required to
seek a court award and are required to take independent legal action to obtain collection.
While waiting for a child support court order, must obtain documentation showing that the
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Administrative Plan in ian River County Housing Services Division
father(s) are helping with the children, if applicable. The file will be documented appropriately,
and a calculator tape will be used and attached to all income documentation.
Regular Contributions or Gifts
The PHA must count as income regular monetary and nonmonetary contributions or gifts from
persons not residing with an assisted family [24 CFR 5.609(b)(7)]. Temporary, nonrecurring, or
sporadic income and gifts are not counted [24 CFR 5.609(c)(9)].
IRCHSD Policy
Regular contributions and gifts received from persons outside the household are
counted as income for calculation of the Total Tenant Payment.
Examples of regular contributions include: (1) regular payment of a family's bills (e.g.,
utilities, telephone, rent, credit cards, and car payments), (2) cash or other liquid assets
provided to any family member on a regular basis, and (3) "in-kind" contributions such
as groceries and clothing provided to a family on a regular basis.
Non -monetary contributions will be valued at the cost of purchasing the items, as
determined by the PHA. For contributions that may vary from month to month (e.g.,
utility payments), the PHA will include an average amount based upon past history.
The file will be documented appropriately, and a calculator tape will be used and
attached to all income documentation, if applicable. A zero income form will be used as
necessary.
6-1 L. STUDENT FINANCIAL ASSISTANCE [24 CFR 5.609(6)(9); NOTICE PIH
2015-211
In 2005, Congress passed a law (for Section 8 programs only) requiring that certain student
financial assistance be included in annual income. Prior to that, the full amount of student financial
assistance was excluded. For some students, the full exclusion still applies.
Student Financial Assistance Included in Annual Income [24 CFR 5.609(b)(9); FR 4/10/06;
Notice PIH 2015-211
The regulation requiring the inclusion of certain student financial assistance applies only to students
who satisfy all of the following conditions:
They are enrolled in an institution of higher education, as defined under the Higher
Education Act (HEA) of 1965.
They are seeking or receiving Section 8 assistance on their own—that is, apart
from their parents—through the PHA Program, the project -based voucher
program, or the moderate rehabilitation program.
They are under 24 years of age OR they have no dependent children.
For students who satisfy these three conditions, any financial assistance in excess of tuition and
any other required fees and charges received: (1) under the 1965 HEA, (2) from a private source, or
(3) from an institution of higher education, as defined under the 1965 HEA, must be included in
annual income.
To determine annual income in accordance with the above requirements, the PHA will use the
definitions of "dependent child", `institution of higher education", and "parents" in section 3 -II. E,
along with the following definitions [FR 4/10/06, pp. 18148-18150]:
• `Assistance under the Higher Education Act of 1965" includes Pell Grants, Federal Supplement
Educational Opportunity Grants, Academic Achievement Incentive Scholarships, State
• Assistance under the Leveraging Educational Assistance Partnership Program, the Robert
G. Byrd Honors Scholarship Program, and Federal Work Study programs.
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Administrative Plan Indian River County Housing Services Division
• `Assistance from private sources" means assistance from nongovernmental sources, including
parents, guardians, and other persons not residing with the student in an HCV assisted unit.
• "Tuition and fees" are defined in the same manner in which the Department of
Education defines "tuition and fees" [Notice PIH 2015-21].
• This is the amount of tuition and required fees covering a full academic year most
frequently charged to students.
• The amount represents what a typical student would be charged and may not be the same for
all students at an institution.
• If tuition is charged on a per -credit -hour basis, the average full-time credit hour load for
an academic year is used to estimate average tuition.
• Required fees include all fixed -sum charges that are required of a large proportion of all
students. Examples include, but are not limited to, writing and science lab fees and fees
specific to the student's major or program (i.e., nursing program).
• Expenses related to attending an institution of higher education must not be included as
tuition. Examples include, but are not limited to, room and board, books, supplies, meal plans,
transportation and parking, student health insurance plans, and other non -fixed -sum charges.
Student Financial Assistance Excluded from Annual Income 1`24 CFR 5.609(c)(6)]
Any student financial assistance not subject to inclusion under 24 CFR 5.609(b)(9) is fully excluded
from annual income under 24 CFR 5.609(c)(6), whether it is paid directly to the student or to the
educational institution the student is attending. This includes any financial assistance received by:
• Students residing with parents who are seeking or receiving Section 8 assistance
• Students who are enrolled in an educational institution that does not meet the
1965 HEA definition of institution of higher education
• Students who are over 23 AND have at least one dependent child, as defined in section
311.E
• Students who are receiving financial assistance through a governmental program not
authorized under the 1965 HEA.
6-1 M. ADDITIONAL EXCLUSIONS FROM ANNUAL INCOME
Other exclusions contained in 24 CFR 5.609(c) that have not been discussed earlier in this chapter
include the following:
• Reimbursement of medical expenses [24 CFR 5.609(c)(4)]
• Amounts received by participants in other publicly assisted programs which are
specifically for or in reimbursement of out-of-pocket expenses incurred and which are
made solely to allow participation in a specific program [24 CFR 5.609(c)(8)(iii)]
• Amounts received by a person with a disability that are disregarded for a limited time for
purposes of Supplemental Security Income eligibility and benefits because they are set
aside for use under a Plan to Attain Self -Sufficiency (PASS) [(24 CFR 5.609(c)(8)(ii)]
• Reparation payments paid by a foreign government pursuant to claims filed under the laws
of that government by persons who were persecuted during the Nazi era [24 CFR
5.609(c)(10)]
• Adoption assistance payments in excess of $480 per adopted child [24 CFR 5.609(c)(12)]
• Refunds or rebates on property taxes paid on the dwelling unit [24 CFR 5.609(c)(15)]
• Amounts paid by a state agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to
keep the developmentally disabled family member at home [24 CFR 5.609(c)(16)]
• Amounts specifically excluded by any other federal statute [24 CFR 5.609(c)(17), FR
Notice 5/20/14]. HUD publishes an updated list of these exclusions periodically. It
includes:
(a) The value of the allotment provided to an eligible household under the Food Stamp
Act of 1977 (7 U.S.C. 2017 (b))
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Administrative Plan Indian River County Housing Services Division
(b) Benefits under Section 1780 of the School Lunch Act and Child Nutrition Act of
1966, including WIC
(c) Payments to volunteers under the Domestic Volunteer Services Act of 1973 (42
U.S.C. 5044(g), 5058)
(d) Payments received under the Alaska Native Claims Settlement Act (43 U.S.C. 1626(c))
(e) Income derived from certain submarginal land of the United States that is held in
trust for certain Indian tribes (25 U.S.C. 459e)
(f) Payments or allowances made under the Department of Health and Human
Services' Low -Income Home Energy Assistance Program (42 U.S.C. 8624(f))
(g) Payments received under programs funded in whole or in part under the
Workforce Investment Act of 1998 (29 U.S.C. 2931)
(h) Deferred disability benefits from the Department of Veterans Affairs, whether
received as a lump sum or in monthly prospective amounts
(i) Income derived from the disposition of funds to the Grand River Band of Ottawa
Indians (Pub. L. 94-540, 90 Stat. 2503-04)
0) Payments, funds, or distributions authorized, established, or directed by the Seneca
Nation Settlement Act of 1990 (25 U.S.C. 1774f(b))
(k) A lump sum or periodic payment received by an individual Indian pursuant to the Class
Action Settlement Agreement in the United States District Court case entitled Elouise
Cobell et al. v. Ken Salazar et al., for a period of one year from the time of receipt of
that payment as provided in the Claims Resolution Act of 2010
(1) The first $2,000 of per capita shares received from judgment funds awarded by the
Indian Claims Commission or the U. S. Claims Court, the interests of individual Indians
in trust or restricted lands, including the first $2,000 per year of income received by
individual Indians from funds derived from interests held in such trust or restricted lands
(25 U.S.C. 1407-1408)
(m) Benefits under the Indian Veterans Housing Opportunity Act of 2010 (only applies to
Native American housing programs)
(n) Payments received from programs funded under Title V of the Older Americans Act
of 1985 (42 U.S.C. 3056(f))
(o) Payments received on or after January 1, 1989, from the Agent Orange Settlement
Fund or any other fund established pursuant to the settlement in In Re Agent
Orange product liability litigation, M.D.L. No. 381 (E.D.N.Y.)
(p) Payments received under 38 U.S.C. 1833(c) to children of Vietnam veterans born
with spinal bifida, children of women Vietnam veterans born with certain birth defects,
and children of certain Korean service veterans born with spinal bifida
(q) Payments received under the Maine Indian Claims Settlement Act of 1980 (25 U.S.C.
1721)
(r) The value of any child care provided or arranged (or any amount received as
payment for such care or reimbursement for costs incurred for such care) under the
Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858q)
(s) Earned income tax credit (EITC) refund payments received on or after January 1,
1991 (26 U.S.C. 320))
(t) Payments by the Indian Claims Commission to the Confederated Tribes and
Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation
(Pub. L. 95-433)
(u) Amounts of scholarships funded under Title IV of the Higher Education Act of
1965j, including awards under federal work-study programs or under the Bureau
of Indian Affairs student assistance programs (20 U.S.C. 1087uu). For Section
8 programs, the exception found in § 237 of Public Law 109-249 applies and
requires that the amount of financial assistance in excess of tuition and
mandatory fees shall be considered income in accordance with the provisions
codified at 24 CFR 5.609(b)(9), except for those persons with disabilities as
defined by 42 U.S.C. 1437a(b)(3)(E) (Pub. L. 109-249) (See Section 6-I.L. for
exceptions.)
(v) Allowances, earnings and payments to AmeriCorps participants under the
National and Community Service Act of 1990 (42 U.S-C. 12637(d))
(w) Any amount of crime victim compensation (under the Victims of Crime Act) received
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Administrative Plan Indian River County Housing Services Division
through crime victim assistance (or payment or reimbursement of the cost of such
assistance) as determined under the Victims of Crime Act because of the commission
of a crime against the applicant under the Victims of Crime Act (42 U.S.C. 10602)
(x) Any amounts in an "individual development account" as provided by the
Assets for Independence Act, as amended in 2002
(y) Payments made from the proceeds of Indian tribal trust cases as described in
Notice PIH 2013-30, "Exclusion from Income of Payments under Recent Tribal
Trust Settlements" (25 U.S.C. 117b(a))
(z) Major disaster and emergency assistance received under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act and comparable disaster
assistance provided by states, local governments, and disaster assistance
organizations
Part II: Adjusted Income
6 -II A. INTRODUCTION
Overview
HUD regulations require PHAs to deduct from annual income any of five mandatory deductions for
which a family qualifies. The resulting amount is the family's adjusted income. Mandatory deductions
are found in 24 CFR 5.611.5.611(a) Mandatory deductions. In determining adjusted income, the
responsible entity [PHA] must deduct the following amounts from annual income:
$480 for each dependent;
$400 for any elderly family or disabled family;
The sum of the following, to the extent the sum exceeds three percent of annual
income:
i. Unreimbursed medical expenses of any elderly family or disabled family;
ii. Unreimbursed reasonable attendant care and auxiliary apparatus expenses for
each member of the family who is a person with disabilities, to the extent
necessary to enable any member of the family (including the member who is a
person with disabilities) to be employed. This deduction may not exceed the
earned income received by family members who are 18 years of age or older and
who are able to work because of such attendant care or auxiliary apparatus; and
Any reasonable child care expenses (for children under 13 years of age) necessary to
enable a member of the family to be employed, actively seek employment, or to further
their education.
This part covers policies related to these mandatory deductions. Verification requirements
related to these deductions are found in Chapter 7.
Anticipating Expenses
IRCHSD Policy
Generally, IRCHSD will use current circumstances to anticipate expenses. When possible,
for costs that are expected to fluctuate during the year (e.g., child care during school and
non -school periods and cyclical medical expenses), IRCHSD will estimate costs based on
historic data and known future costs.
If a family has an accumulated debt for medical or disability assistance expenses, IRCHSD
will include as an eligible expense the portion of the debt that the family expects to pay during
the period for which the income determination is being made. However, amounts previously
deducted will not be allowed even if the amounts were not paid as expected in a preceding
period. IRCHSD may require the family to provide documentation of payments made in the
preceding year.
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Administrative Plan Indian River County Housing Services Division
6-11 B. DEPENDENT DEDUCTION
An allowance of $480 is deducted from annual income for each dependent [24 CFR5.61 1 (a)(1)].
Dependent is defined as any family member other than the head, spouse, or cohead who is under
the age of 18 or who is 18 or older and is a person with disabilities or a full-time student. Foster
children, foster adults, and live-in aides are never considered dependents [24 CFR 5.603(b)].
6-11 C. ELDERLY OR DISABLED FAMILY DEDUCTION
A single deduction of $400 is taken for any elderly or disabled family [24 CFR 5.611(a)(2)]. An
elderly family is a family whose head, spouse, cohead, or sole member is 62 years of age or older,
and a disabled family is a family whose head, spouse, cohead, or sole member is a person with
disabilities [24 CFR 5.403].
6-11 D. MEDICAL EXPENSES DEDUCTION [24 CFR 5.611(A)(3)(1)]
Unreimbursed medical expenses may be deducted to the extent that, in combination with any
disability assistance expenses, they exceed three percent of annual income.
The medical expense deduction is permitted only for families in which the head, spouse, or cohead
is at least 62 or is a person with disabilities. If a family is eligible for a medical expense deduction,
the medical expenses of all family members are counted [VG, p. 28].
Definition of Medical Expenses
HUD regulations define medical expenses at 24 CFR 5.603(b) to mean "medical expenses,
including medical insurance premiums, that are anticipated during the period for which annual
income is computed, and that are not covered by insurance."
IRCHSD Policy
The most current IRS Publication 502, Medical and Dental Expenses, will be used as a
reference to determine the costs that qualify as medical expenses.
Summary of Allowable Medical Ex enses from IRS Publication 502
Services of medical professionals
Substance abuse treatment programs
Surgery and medical procedures that are
Psychiatric treatment
necessary, legal, non -cosmetic
Ambulance services and some costs of
Services of medical facilities
transportation related to medical
Hospitalization, long-term care, and in-
expenses
home nursing services
The cost and care of necessary
Prescription medicines and insulin, but
equipment related to a medical
not nonprescription medicines even if
condition (e.g., eyeglasses/lenses,
recommended by a doctor
hearing aids, crutches, and artificial
teeth)
Improvements to housing directly related
Cost and continuing care of necessary
to medical needs (e.g., ramps for a wheel
service animals
chair, handrails)
Medical insurance premiums or the cost
of a health maintenance organization
HMO
Note: This chart provides a summary of eligible medical expenses only. Detailed
information is provided in IRS Publication 502. Medical expenses are considered
only to the extent they are not reimbursed by insurance or some other source.
pg. 96
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Families That Qualify for Both Medical and Disability Assistance Expenses
IRCHSD Policy
This policy applies only to families in which the head, spouse, or cohead is 62 or older
or is a person with disabilities.
When expenses anticipated by a family could be defined as either medical or disability
assistance expenses, IRCHSD will consider them medical expenses unless it is clear that
the expenses are incurred exclusively to enable a person with disabilities to work.
6 -II E. DISABILITY ASSISTANCE EXPENSES DEDUCTION [24 CFR 5.603(B)
AND 24 CFR 5.611 (A)(3)(11)
Reasonable expenses for attendant care and auxiliary apparatus for a disabled family member may
be deducted if they: (1) are necessary to enable a family member 18 years or older to work, (2) are
not paid to a family member or reimbursed by an outside source, (3) in combination with any
medical expenses, exceed three percent of annual income, and (4) do not exceed the earned
income received by the family member who is enabled to work.
Earned Income Limit on the Disability Assistance Expense Deduction
A family can qualify for the disability assistance expense deduction only if at least one family
member (who may be the person with disabilities) is enabled to work [24 CFR 5.603(b)].
The disability expense deduction is capped by the amount of "earned income received by family
members who are 18 years of age or older and who are able to work" because of the expense
[24 CFR 5.611(a)(3)(ii)]. The earned income used for this purpose is the amount verified before any
earned income disallowances or income exclusions are applied.
IRCHSD Pali!
The family must identify the family members enabled to work as a result of the disability
assistance expenses. In evaluating the family's request, IRCHSD will consider factors
such as how the work schedule of the relevant family members relates to the hours of care
provided, the time required for transportation, the relationship of the family members to the
person with disabilities, and any special needs of the person with disabilities that might
determine which family members are enabled to work.
When IRCHSD determines that the disability assistance expenses enable more than one
family member to work, the expenses will be capped by the sum of the family members'
incomes.
Eligible Disability Expenses
Examples of auxiliary apparatus are provided in the HCV Guidebook as follows: "Auxiliary
apparatus are items such as wheelchairs, ramps, adaptations to vehicles, or special equipment to
enable a blind person to read or type, but only if these items are directly related to permitting the
disabled person or other family member to work" [HCV GB, p. 5-301.
HUD advises PHAs to further define and describe auxiliary apparatus [VG, p. 30].
Eligible Auxiliary Apparatus
IRCHSD Policy
Expenses incurred for maintaining or repairing an auxiliary apparatus are eligible. In the
case of an apparatus that is specially adapted to accommodate a person with disabilities
(e.g., a vehicle or computer), the cost to maintain the special adaptations (but not
maintenance of the apparatus itself) is an eligible expense. The cost -of -service animals
trained to give assistance to persons with disabilities, including the cost of acquiring the
animal, veterinary care, food, grooming, and other continuing costs of care, will be
included.
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Administrative Plan Indian River County Housing Services Division
Eligible Attendant Care
The family determines the type of attendant care that is appropriate for the person with disabilities.
IRCHSD Policv
Attendant care includes, but is not limited to, reasonable costs for home medical care,
nursing services, in-home or center -based care services, interpreters for persons with
hearing impairments, and readers for persons with visual disabilities.
Attendance care expenses will be included for the period that the person enabled to work is
employed plus reasonable transportation time. The cost of general housekeeping and personal
services is not an eligible attendant care expense. However, if the person enabled to work is the
person with disabilities, personal services necessary to enable the person with disabilities to work
are eligible.
If the care attendant also provides other services to the family, IRCHSD will prorate the cost and
allow only that portion of the expenses attributable to attendant care that enables a family member
to work. For example, if the care provider also cares for a child who is not the person with
disabilities, the cost of care must be prorated. Unless otherwise specified by the care provider, the
calculation will be based upon the number of hours spent in each activity and/or the number of
persons under care.
Payments to Family Members
No disability assistance expenses may be deducted for payments to a member of an assisted family
[24 CFR 5.603(b)]. However, expenses paid to a relative who is not a member of the assisted family
may be deducted if they are not reimbursed by an outside source.
Necessary and Reasonable Expenses
The family determines the type of care or auxiliary apparatus to be provided and must describe how
the expenses enable a family member to work. The family must certify that the disability assistance
expenses are necessary and are not paid or reimbursed by any other source.
IRCHSD Policv
IRCHSD determines the reasonableness of the expenses based on typical costs of care or
apparatus in the locality. To establish typical costs, IRCHSD will collect information from
organizations that provide services and support to persons with disabilities. A family may
present, and IRCHSD will consider the family's justification for costs that exceed typical
costs in the area.
Families That Qualify for Both Medical and Disability Assistance Expenses
IRCHSD Policy
This policy applies only to families in which the head, or spouse, or cohead is 62 or older or
is a person with disabilities.
When expenses anticipated by a family could be defined as either medical or disability
assistance expenses, IRCHSD will consider them medical expenses unless it is clear that
the expenses are incurred exclusively to enable a person with disabilities to work.
6 -II F. CHILD CARE EXPENSE DEDUCTION
HUD defines "child care expenses"at 24 CFR 5.603(b) as "amounts anticipated to be paid by the
family for the care of children under 13 years of age during the period for which annual income is
computed, but only where such care is necessary to enable a family member to actively seek
employment, be gainfully employed, or to further their education and only to the extent such
amounts are not reimbursed. The amount deducted shall reflect reasonable charges for childcare. In
the case of childcare necessary to permit employment, the amount deducted shall not exceed the
amount of employment income that is included in annual income."
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Clarifying the Meaning of Child for This Deduction
Childcare expenses do not include child support payments made to another on behalf of a minor
who is not living in an assisted family's household [VG, p. 26]. However, child care expenses for
foster children that are living in the assisted family's household are included when determining the
family's child care expenses [HCV GB, p. 5-29].
Qualifying for the Deduction
IRCHSD Policy
"Eligible activities" are those that are necessary to enable a household member to work,
seek employment, or further their education (academic or vocational).
In the case of a school-age child attending private school, only after-hours care or
activities during school holidays can be counted as childcare expenses.
Earned Income Limit on Child Care Expense Deduction
When a family member looks for work or furthers their education, there is no cap on the amount
that may be deducted for childcare — although the care must still be necessary and reasonable.
However, when childcare enables a family member to work, the deduction is capped by "the
amount of employment income that is included in annual income" [24 CFR 5.603(b)].
The earned income used for this purpose is the amount of earned income verified after any
earned income disallowances or income exclusions are applied.
When the person who is enabled to work is a person with disabilities who receives the earned
income disallowance (EID) or a full-time student whose earned income above $480 is excluded,
childcare costs related to enabling a family member to work may not exceed the portion of the
person's earned income that actually is included in annual income. For example, if a family member
who qualifies for the EID makes $15,000 but because of the EID only $5,000 is included in annual
income, childcare expenses are limited to $5,000.
The PHA must not limit the deduction to the least expensive type of childcare. If the care allows
the family to pursue more than one eligible activity, including work, the cap is calculated in
proportion to the amount of time spent working [HCV GB, p. 5-30].
IRCHSD Policy
When the childcare expense being claimed is to enable a family member to work, only one
family member's income will be considered for a given period of time. When more than one
family member works during a given period, IRCHSD generally will limit allowable childcare
expenses to the earned income of the lowest -paid member. The family may provide
information that supports a request to designate another family member as the person
enabled to work.
Eligible Child Care Expenses
The type of care to be provided is determined by the assisted family. The PHA may not refuse to
give a family the childcare expense deduction because there is an adult family member in the
household that may be available to provide childcare [VG, p. 26].
Allowable Child Care Activities
IRCHSD Policy
For school-age children, costs attributable to public or private school activities during
standard school hours are not considered. Expenses incurred for supervised activities
after school or during school holidays (e.g., summer day camp, after-school sports
league) are allowable forms of childcare.
The costs of general housekeeping and personal services are not eligible. Likewise, child
care expenses paid to a family member who lives in the family's unit are not eligible;
however, payments for childcare to relatives who do not live in the unit are eligible.
pg. 99
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Administrative Plan Indian River County Housing Services Division
If a childcare provider also renders other services to a family or childcare is used to
enable a family member to conduct activities that are not eligible for consideration,
IRCHSD will prorate the costs and allow only that portion of the expenses that is
attributable to childcare for eligible activities. For example, if the care provider also cares
for a child with disabilities who is 13 or older, the cost of care will be prorated. Unless
otherwise specified by the childcare provider, the calculation will be based upon the
number of hours spent in each activity and/or the number of persons under care.
Necessary and Reasonable Costs
Childcare expenses will be considered necessary if: (1) a family adequately explains how the care
enables a family member to work, actively seek employment, or further their education, and (2) the
family certifies, and the childcare provider verifies that the expenses are not paid or reimbursed by
any other source.
IRCHSD Policy
Childcare expenses will be considered for the time required for the eligible activity plus
reasonable transportation time. For childcare that enables a family member to go to school,
the time allowed may include not more than one study hour for each hour spent in class.
Part III: Calculating Family Share and PHA Subsidy
6 -III A. OVERVIEW OF RENT AND SUBSIDY CALCULATIONS
TTP Formula 124 CFR 5.6281
HUD regulations specify the formula for calculating the total tenant payment (TTP) for an assisted
family. TTP is the highest of the following amounts, rounded to the nearest dollar:
• 30 percent of the family's monthly adjusted income (adjusted income is defined in Part II)
• 10 percent of the family's monthly gross income (annual income, as defined in Part I,
divided by 12)
• The welfare rent (in as -paid states only)
A minimum rent of $50 that is established by the PHA
IRCHSD has authority to suspend and exempt families from minimum rent when a financial
hardship exists, as defined in section 6-III.13.
The amount that a family pays for rent and utilities (the family share) will never be less than the
family's TTP but may be greater than the TTP depending on the rent charged for the unit the
family selects.
Welfare Rent (24 CFR 5.6281
IRCHSD Policy
Welfare rent does not apply in this locality.
Minimum Rent X24 CFR 5.6301
IRCHSD Policy
Minimum rent is $50. Minimum rent, in the PHA Program, refers to the Total Tenant
Payment and includes the combined amount a family pays towards rent and/or utilities.
The minimum rent applies to all participants of the IRCHSD Housing Choice Voucher
Program except Veteran Affairs Supportive Housing (VASH) and Emergency Housing
Voucher (EHV) participants, for whom a minimum rent of $0 will be applied, and residents
of certain properties assisted by Project -based vouchers, as further described in Chapter
17.
Family Share f24 CFR 982.305(a)(5)1
If a family chooses a unit with a gross rent (rent to owner plus an allowance for tenant -paid utilities)
that exceeds the PHA's applicable payment standard: (1) the family will pay more than the TTP,
and (2) at initial occupancy the PHA may not approve the tenancy if it would require the family
pg. 100
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Administrative Plan Indian River County Housing Services Division
share to exceed 40 percent of the family's monthly adjusted income. The income used for this
determination must have been verified no earlier than 60 days before the family's voucher was
issued. (For a discussion of the application of payment standards, see section 6-III.C.)
IRCHSD Policy
IRCHSD may approve a tenancy if the family share is less than or equal to 40 percent of the
family's gross income (including exempt income).
PHA Subsidy [24 CFR 982.505(b)1
The PHA will pay a monthly housing assistance payment (HAP) for a family that is equal to the
lower of (1) the applicable payment standard for the family minus the family's TTP or (2) the
gross rent for the family's unit minus the TTP. (For a discussion of the application of payment
standards, see section 6-III.C.)
Utility Reimbursement [24 CFR 982.514(b); 982.514(c)1
When the PHA subsidy for a family exceeds the rent to owner, the family is due a utility
reimbursement. HUD permits the PHA to pay the reimbursement to the family or directly to the utility
provider.
IRCHSD Policy
IRCHSD will make utility reimbursements directly to the utility provider.
The PHA may make all utility reimbursement payments to qualifying families on a monthly basis or
may make quarterly payments when the monthly reimbursement amount is $15.00 or less.
Reimbursements must be made once per calendar -year quarter and must be prorated if the family
leaves the program in advance of its next quarterly reimbursement. The PHA must also adopt
hardship policies for families for whom receiving quarterly reimbursement would create a financial
hardship.
IRCHSD Policy
IRCHSD will issue all utility reimbursements monthly.
6-111 B. FINANCIAL HARDSHIPS AFFECTING MINIMUM RENT [24 CFR 5.6301
Overview
The PHA must grant an exemption from the minimum rent if a family is unable to pay the minimum
rent because of financial hardship.
The financial hardship exemption applies only to families required to pay the minimum rent. If a
family's TTP is higher than the minimum rent, the family is not eligible for a hardship exemption
If the PHA determines that a hardship exists, the family share is the highest of the remaining
components of the family's calculated TTP.
HUD -Defined Financial Hardship
Financial hardship includes the following situations:
1. The household has lost federal, state or local government assistance or is waiting for an
eligibility determination. This includes a family member who is a noncitizen lawfully admitted for
permanent residence under the Immig-ation and Nationality Act who would be entitled to public
benefits but for Title IV of the Personal Responsibility and Work Opportunity Act of 1996
IRCHSD Policy
A hardship will be considered to exist only if the loss of eligibility has an impact on the
family's ability to pay the minimum rent and no income was received into the household
the previous month. For a family waiting for a determination of eligibility, the hardship
period will end as of the first of the month following: (1) implementation of assistance, if
approved, or (2) the decision to deny assistance. A family whose request for assistance is
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Administrative Plan Indian River County Housing Services Division
denied may request a hardship exemption based upon one of the other allowable
hardship circumstances.
2. The family would be evicted because it is unable to pay the minimum rent.
IRCHSD Policy
For a family to qualify under this provision, the cause of the potential eviction must be the
family's failure to pay rent to the owner or tenant -paid utilities.
3. The household income has decreased due to a change in circumstances, such as loss
of employment.
IRCHSD Policy
A family to qualify under this provision if no income was received into the
household the previous month.
4. A recent death in the immediate family has occurred.
IRCHSD Policy
In order to qualify under this provision, a family must describe how the death has created a
financial hardship (e.g., because of funeral -related expenses or the loss of the family
member's income).
5. The family has experienced other circumstances determined by the PHA.
IRCHSD Policy
There has been no additional hardship criteria established.
Implementation of Hardship Exemption
Determination of Hardship
When a family requests a financial hardship exemption, the PHA must suspend the minimum rent
requirement beginning the first of the month following the family's request.
The PHA then determines whether the financial hardship exists and whether the hardship is
temporary or long-term.
IRCHSD Policy
IRCHSD shall promptly make a determination whether the hardship is short-term or long-
term. IRCHSD defines temporary hardship as a hardship expected to last 90 days or less. A
long-term hardship is defined as a hardship expected to last more than 90 days. If IRCHSD
determines that the hardship is short-term, it may grant a temporary hardship waiver for up
to 90 days.
When the minimum rent is suspended, the family share reverts to the highest of the remaining
components of the calculated TTP. The example below demonstrates the effect of the minimum
rent exemption.
To qualify for a hardship exemption, a family must submit a request for a hardship exemption in
writing. The request must explain the nature of the hardship and how the hardship has affected the
family's ability to pay the minimum rent.
pg. 102
388
Example: Impact of Minimum Rent Exemption
Assume an agency has established a minimum rent of $35.
Family Share -No Hardship
Family Share -With Hardship
$0
30% of monthly adjusted income
$0 30% of monthly adjusted income
$15
10% of monthly gross income
$15 10% of monthly gross income
N/A
Welfare rent
N/A Welfare rent
$35
Minimum rent
$35 Minimum rent
Minimum rent applies.
Hardship exemption granted.
TTP = $35
TTP = $15
When the minimum rent is suspended, the family share reverts to the highest of the remaining
components of the calculated TTP. The example below demonstrates the effect of the minimum
rent exemption.
To qualify for a hardship exemption, a family must submit a request for a hardship exemption in
writing. The request must explain the nature of the hardship and how the hardship has affected the
family's ability to pay the minimum rent.
pg. 102
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
IRCHSD will make the determination of hardship within 30 calendar days.
No Financial Hardship
If the PHA determines there is no financial hardship, the PHA will reinstate the minimum rent and
require the family to repay the amounts suspended.
IRCHSD Polic
IRCHSD will require the family to repay the suspended amount within 30 calendar days.
Temporary Hardship
If the PHA determines that a qualifying financial hardship is temporary, the PHA must
suspend the minimum rent for the 90 -day period beginning the first of the month following the
date of the family's request for a hardship exemption.
At the end of the 90 -day suspensior period, the family must resume payment of the minimum
rent and must repay the PHA the amounts suspended. HUD requires the PHA to offer a
reasonable repayment agreement, on terms and conditions established by the PHA. The PHA
also may determine that circumstances have changed and the hardship is now a long-term
hardship.
IRCHSD Policy
IRCHSD will enter into a repayment agreement in accordance with the procedures found
in Chapter 16 of this plan.
Long -Term Hardship
If the PHA determines that the financial hardship is long-term, the PHA must exempt the family from
the minimum rent requirement for so long as the hardship continues. The exemption will apply from
the first of the month following the family's request until the end of the qualifying hardship. When the
financial hardship has been determined to be long-term, the family is not required to repay the
minimum rent.
IRCHSD Policy
The hardship period ends when any of the following circumstances apply:
1. At an interim or annual reexamination, the family's calculated TTP is greater than
the minimum rent.
2. For hardship conditions based on loss of income, the hardship condition will
continue to be recognized until new sources of income are received that are at
least equal to the amount lost. For example, if a hardship is approved because a
family no longer receives a $60/month child support payment, the hardship will
continue to exist until the family receives at least $60/month in income from
another source or once again begins to receive the child support.
3. For hardship conditions based upon hardship -related expenses, the minimum
rent exemption will continue to be recognized until the cumulative amount
exempted is equal to the expense incurred.
6 -III C. APPLYING PAYMENT STANDARDS [24 CFR 982.505; 982.503(B)1
Overview
The payment standard is used to calculate the Housing Assistance Payment for a family.
"Payment standard" is defined as "the maximum monthly assistance payment for a family assisted
in the voucher program (before deducting the total tenant payment by the family)" [24 CFR
982.4(b)].
The payment standard for a family is the lower of (1) the payment standard for the family unit size,
which is defined as the appropriate number of bedrooms for the family under IRCHSD's subsidy
pg. 103
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Administrative Plan Indian River County Housing Services Division
standards [24 CFR 982.4(b)], or (2) the payment standard for the size of the dwelling unit rented by
the family.
If the PHA has established an exception payment standard for a designated part of a zip code area
or FMR area and a family's unit is located in the exception area, the PHA must use the appropriate
payment standard for the exception area.
The PHA is required to pay a monthly housing assistance payment (HAP) for a family that is the
lower of (1) the payment standard for the family minus the family's TTP or (2) the gross rent for the
family's unit minus the TTP. s
4
If during the term of the HAP contract for a family's unit, the owner lowers the rent, the PHA will
recalculate the HAP using the lower of the initial payment standard or the gross rent for the unit
[HCV GB, p. 7-8].
Changes in Payment Standards
When the PHA revises its payment standards during the term of the HAP contract for a family's unit,
it will apply the new payment standards in accordance with HUD regulations.
Decreases
If the PHA changes its payment standard schedule, resulting in a lower payment standard amount,
during the term of a HAP contract, the PHA is not required to reduce the payment standard used to
calculate subsidy for families under HAP contract as long as the HAP contract remains in effect
[FR Notice 11/16/16].
However, if the PHA does choose to reduce the payment standard for families currently under HAP
contract, the initial reduction to the payment standard may not be applied any earlier than the
effective date of the family's second regular reexamination following the effective date of the
decrease in the payment standard amount. At that point, the PHA may either reduce the payment
standard to the current amount in effect on the PHA's payment standard schedule, or may reduce
the payment standard to another amour•t that is higher than the normally applicable amount on the
schedule. The PHA may also establish different policies for designated areas within their jurisdiction
(e.g., different zip code areas).
In any case, the PHA must provide the family with at least 12 months' notice that the payment
standard is being reduced before the effective date of the change. The PHA's policy on decreases
in the payment standard during the term of the HAP contract apply to all families under HAP
contract at the time of the effective date of the decrease in the payment standard within the
designated area.
IRCHSD Podic
If IRCHSD changes its payment standard schedule resulting in a lower payment standard
amount, during the term of a HAP contract, IRCHSD will not reduce the payment standard
used to calculate subsidy for families under HAP contract as long as the HAP contract
remains in effect.
IRCHSD will not establish different policies for decreases in the payment standard for
designated areas within their jurisdiction.
Increases
If the payment standard is increased during the term of the HAP contract, the increased payment
standard will be used to calculate the monthly housing assistance payment for the family beginning
on the effective date of the family's first regular reexamination on or after the effective date of the
increase in the payment standard.
Families requiring or requesting interim reexaminations will not have their HAP payments calculated
using the higher payment standard until their next annual reexamination [HCV GB, p. 7-8].
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Administrative Plan Indian River County Housing Services Division
Changes in Family Unit Size
Irrespective of any increase or decrease in the payment standard, if the family unit size increases or
decreases during the HAP contract term, the new family unit size must be used to determine the
payment standard for the family beginning at the family's first regular reexamination following the
change in family unit size.
Reasonable Accommodation
If a family requires a higher payment standard as a reasonable accommodation for a family
member who is a person with disabilities, the PHA is allowed to establish a higher payment
standard for the family of not more than 120 percent of the published FMR.
IRCHSD Policy
IRCHSD may provide an accommodation payment standard for persons with disabilities
under the following circumstances:
1. The family requests the accommodation in writing; and
2. The family provides verification of the disability meeting the standards described
in Chapter 1, and the verification includes verification that the need for the higher
payment standard is related to the disability.
The accommodation payment standard shall be established within the basic range,
unless an increase beyond the basic range is approved by the IRCHSD Board of
Commissioners.
6 -III D. APPLYING UTILITY ALLOWANCES [24 CFR 982.5171
Overview
A PHA -established utility allowance schedule is used in determining family share and PHA
subsidy. A family's utility allowance is determined by the size of dwelling unit leased by a family
or the voucher unit size for which the family qualifies using PHA subsidy standards, whichever is
the lowest of the two. See Chapter 5 for information on the PHA's subsidy standards.
For policies on establishing and updating utility allowances, see Chapter 16.
Reasonable Accommodation
PHA Program regulations require the PHA to approve a utility allowance amount higher than shown
on the PHA's schedule if a higher allowance is needed as a reasonable accommodation for a family
member with a disability. For examples if a family member with a disability requires such an
accommodation, the PHA will approve an allowance for air-conditioning, even if the PHA has
determined that an allowance for air-conditioning generally is not needed.
The family must request the higher allowance and provide the PHA with an explanation of the
need for the reasonable accommodation and information about the amount of additional allowance
required [HCV GB, p. 18-81.
Utility Allowance Revisions
At reexamination, the PHA must use the PHA current utility allowance schedule [HCV GB, p. 18-8].
IRCHSD Policy
Revised utility allowances will be applied to a family's rent and subsidy calculations at the
first annual reexamination that is effective after the allowance is adopted.
pg. 105
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Administrative Plan Indian River County Housing Services Division
6 -III E. PRORATED ASSISTANCE FOR MIXED FAMILIES [24 CFR 5.5201
HUD regulations prohibit assistance to ineligible family members. A "mixed family" is one that
includes at least one U.S. citizen or eligible immigrant and any number of ineligible family members.
The PHA must prorate the assistance provided to a mixed family. The PHA will first determine
assistance as if all family members were eligible and then prorate the assistance based upon the
percentage of family members that actually are eligible. For example, if the PHA subsidy for a family
is calculated at $500 and two of four family members are ineligible, the PHA subsidy would be
reduced to $250.
pg. 106
392
Administrative Plan
Indian River County Housing Services Division
EXHIBIT 6-1: ANNUAL INCOME INCLUSIONS
pg. 107
393
(3) Interest, dividends, and other
24 CFR 5.609
net income of any kind from
(a) Annual income means all amounts,
real or personal property.
monetary or not, which:
Expenditures for amortization
(1) Go to, or on behalf of, the family
of capital indebtedness shall
head or spouse (even if temporarily absent)
not be used as deductions in
or to any other family member; or
determining net income. An
allowance for depreciation is
(2) Are anticipated to be received from
permitted only as authorized in
a source outside the family during the 12-
paragraph (b)(2) of this
month period following admission or annual
section. Any withdrawal of
reexamination effective date; and
cash or assets from an
(3) Which are not specifically excluded
investment will be included in
in paragraph (c) of this section.
income, except to the extent
(4) Annual income also means
the withdrawal is
amounts derived (during the 12 -month
reimbursement of cash or
period) from assets to which any member of
assets invested by the family.
the family has access.
Where the family has net
family assets in excess of
Annual income includes, but is not limited
$5,000, annual income shall
to:
to:
include the greater of the
(1) The full amount, before any payroll
actual income derived from all
deductions, of wages and salaries, overtime
net family assets or a
pay, commissions, fees, tips and bonuses,
percentage of the value of
and other compensation for personal
such assets based on the
services;
current passbook savings rate,
(2) The net income from the operation of a
as determined by HUD;
business or profession. Expenditures for
(4) The full amount of periodic
business expansion or amortization of capital
amounts received from
indebtedness shall not be used as
Social Security, annuities,
deductions in determining net income. An
insurance policies,
allowance for depreciation of assets used in
retirement funds, pensions,
a business or profession may be deducted,
disability or death benefits,
based on straight line depreciation, as
and other similar types of
provided in Internal Revenue Service
periodic receipts, including a
regulations. Any withdrawal of cash or assets
lump -sum amount or
from the operation of a business or
prospective monthly
profession will be included in income, except
amounts for the delayed
to the extent the withdrawal is reimbursement
start of a periodic amount
of cash or assets invested in the operation by
(except as provided in
the family;, Text of 45 CFR 260.31 follows.
paragraph (c)(14) of this
section);
(5) Payments in lieu of earnings,
such as unemployment and
disability compensation,
worker's compensation and
pg. 107
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Administrative Plan
assistance income to be included as income shall
consist of:
The amount of the allowance or grant exclusive of
the amount specifically designated for shelter or
utilities; plus
The maximum amount that the welfare assistance
agency could in fact allow the family for shelter
and utilities. If the family's welfare assistance is
ratably reduced from the standard of need by
applying a percentage, the amount calculated
under this paragraph shall be the amount resulting
from one application of the percentage.
Periodic and determinable allowances, such as
alimony and child support payments, and regular
contributions or gifts received from organizations or
from persons not residing in the dwelling;
All regular pay, special pay and allowances of a
member of the Armed Forces (except as provided
in paragraph (c)(7) of this section)
For section 8 programs only and as provided in 24
CFR 5.612, any financial assistance, in excess of
amounts received for tuition, that an individual
receives under the Higher Education Act of 1965
(20 U.S.C. 1001 et seq.), from private sources, or
from an institution of higher education (as defined
under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that
individual, except that financial assistance
described in this paragraph is not considered
annual income for persons over the age of 23 with
dependent children. For purposes of this
paragraph, "financial assistance" does not include
loan proceeds for the purpose of determining
income.
HHS DEFINITION OF "ASSISTANCE"
45 CFR: GENERAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES
260.31 What does the term "assistance"
mean?
(a)(1) The term "assistance" includes cash,
payments, vouchers, and other forms of
benefits designed to meet a family's ongoing
basic needs (i.e., for food, clothing, shelter,
utilities, household goods, personal care items,
and general incidental expenses).
(2) It includes such benefits even when they
are:
Indian River County Housing Services Division
Provided in the form of payments by a TANF
agency, or other agency on its behalf, to
individual recipients; and
Conditioned on participation in work experience
or community service (or any other work activity
under 261.30 of this chapter).
(3) Except where excluded under paragraph
(b) of this section, it also includes supportive
services such as transportation and child care
provided to families who are not employed.
(b) [The definition of "assistance"] excludes: (1)
Nonrecurrent, short-term benefits that:
Are designed to deal with a specific crisis
situation or episode of need;
Are not intended to meet recurrent or
ongoing needs; and
Will not extend beyond four months.
(2) Work subsidies (i.e., payments to employers
or third parties to help cover the costs of
employee wages, benefits, supervision, and
training);
(3) Supportive services such as child care and
transportation provided to families who are
employed;
(4) Refundable earned income tax credits;
(5) Contributions to, and distributions from,
Individual Development Accounts;
(6) Services such as counseling, case
management, peer support, child care
information and referral, transitional services,
job retention, job advancement, and other
employment-related services that do not
provide basic income support; and
(7) Transportation benefits provided under
a Job Access or Reverse Commute project,
pursuant to section 404(k) of [the Social
Security] Act, to an individual who is not
otherwise receiving assistance.
pg. 108
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Administrative Plan Indian River County Housing Services Division
EXHIBIT 6-2: ANNUAL INCOME EXCLUSIONS
24 CFR 5.609
(c) Annual income does not include the
following:
(1) Income from employment of children
(including foster children) under the age
of 18 years;
(2) Payments received for the care of foster
children or foster adults (usually persons
with disabilities, unrelated to the tenant
family, who are unable to live alone);
(3) Lump -sum additions to family assets,
such as inheritances, insurance
payments (including payments under
health and accident insurance and
worker's compensation), capital gains
and settlement for personal or property
losses (except as provided in paragraph
(b)(5) of this section);
(4) Amounts received by the family that are
specifically for, or in reimbursement of,
the cost of medical expenses for any
family member;
(5) Income of a live-in aide, as
defined in Sec. 5.403;
(6) Subject to paragraph (b)(9) of this
section, the full amount of student
financial assistance paid directly to the
student or to the educational institution;
(7) The special pay to a family member
serving in the Armed Forces who is
exposed to hostile fire;
(8) (i)Amounts received under training
programs funded by HUD;
(ii)Amounts received by a person with a
disability that are disregarded for a
limited time for purposes of
Supplemental Security Income eligibility
and benefits because they are set aside
for use under a Plan to Attain Self -
Sufficiency (PASS);
(iii)Amounts received by a participant in
other publicly assisted programs which are
specifically for or in reimbursement of out-
of-pocket expenses incurred (special
equipment, clothing, transportation, child
care, etc.) and which are made solely to
allow participation in a specific program;
(iv)Amounts received under a resident
service stipend. A resident service stipend
is a modest amount (not to exceed $200
per month) received by a resident for
performing a service for the PHA or owner,
on a part-time basis, that enhances the
quality of life in the development. Such
services may include, but are not limited to,
fire patrol, hall monitoring, lawn
maintenance, resident initiatives
coordination, and serving as a member of
the PHA's governing board. No resident
may receive more than one such stipend
during the same period of time;
(v)Incremental earnings and benefits
resulting to any family member from
participation in qualifying State or local
employment training programs (including
training programs not affiliated with a local
government) and training of a family
member as resident management staff.
Amounts excluded by this provision must
be received under employment training
programs with clearly defined goals and
objectives, and are excluded only for the
period during which the family member
participates in the employment training
program;
(9) Temporary, nonrecurring or sporadic
income (including gifts);
(10) Reparation payments paid by a foreign
government pursuant to claims filed
under the laws of that government by
persons who were persecuted during the
Nazi era;
pg. 109
395
Administrative Plan
(11)Earnings in excess of $480 for each full-
time student 18 years old or older
(excluding the head of household and
spouse);
(12)Adoption assistance payments in excess
of $480 per adopted child;
(13)[Reserved]
(14)Deferred periodic amounts from
supplemental security income and social
security benefits that are received in a lump
sum amount or in prospective monthly
amounts, or any deferred Department of
Veterans Affairs disability benefits that are
received in a lump sum amount or
prospective monthly amounts.
(15)Amounts received by the family in the form
of refunds or rebates under State or local
law for property taxes paid on the dwelling
unit;
Indian River County Housing Services Division
(16)Amounts paid by a State agency
to a family with a member who
has a developmental disability
and is living at home to offset the
cost of services and equipment
needed to keep the
developmentally disabled family
member at home; or
(17)Amounts specifically excluded by
any other Federal statute from
consideration as income for
purposes of determining eligibility
or benefits under a category of
assistance programs that includes
assistance under any program to
which the exclusions set forth in
24 CFR 5.609(c) apply. A notice
will be published in the Federal
Register and distributed to PHAs
and housing owners identifying the
benefits that qualify for this
exclusion. Updates will be
published and distributed when
necessary. [See Section 6-I.M. for
a list of benefits that qualify for this
exclusion.]
pg. 110
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Administrative Plan
Indian River County Housing Services Division
EXHIBIT 6-3: TREATMENT OF FAMILY ASSETS
24 CFR 5.603(b) Net Family Assets
(1) Net cash value after
deducting reasonable costs
that would be incurred in
disposing of real property,
savings, stocks, bonds, and
other forms of capital
investment, excluding
interests in Indian trust land
and excluding equity accounts
in HUD homeownership
programs. The value of
necessary items of personal
property such as furniture and
automobiles shall be
excluded.
(2) In cases where a trust
fund has been established
and the trust is not revocable
by, or under the control of,
any member of the family or
household, the value of the
trust fund will not be
considered an asset so long
as the fund continues to be
held in trust. Any income
distributed from the trust fund
shall be counted when
determining annual income
under Sec. 5.609.
(3) In determining net family
assets, PHAs or owners, as
applicable, shall include the
value of any business or
family assets disposed of by
an applicant or tenant for less
than fair market value
(including a disposition in
trust, but not in a foreclosure
or bankruptcy sale) during the
two years preceding the date
of application for the program
or reexamination, as
applicable, in excess of the
consideration received
therefor. In the case of a
disposition as part of a
separation or divorce
settlement, the disposition will
not be considered to be for
less than fair market value if
the applicant or tenant
receives important
consideration not measurable
in dollar terms.
(4) For purposes of
determining annual income
under Sec. 5.609, the term
"net family assets "does not
include the value of a home
currently being purchased
with assistance under part
982, subpart M of this title.
This exclusion is limited to
the first 10 years after the
purchase date of the home.
pg. 111
397
Administrative Plan
Indian River County Housing Services Division
EXHIBIT 6-4: EARNED INCOME DISALLOWANCE FOR PERSONS WITH
DISABILITIES
24 CFR 5.617 Self-sufficiency incentives
increase in annual income.
(a) Applicable programs. The
disallowance of earned income
provided by this section is applicable
only to the following programs: HOME
Investment Partnerships Program (24
CFR part 92); Housing Opportunities for
Persons with AIDS (24 CFR part 574);
Supportive Housing Program (24 CFR part
583); and the Housing Choice Voucher
Program (24 CFR part 982).
(b) Definitions. The following definitions
apply for purposes of this section.
Baseline income. The annual income
immediately prior to implementation of the
disallowance described in paragraph (c)(1)
of this section of a person with disabilities
(who is a member of a qualified family).
Disallowance. Exclusion from annual
income.
Previously unemployed includes a person
with disabilities who has earned, in the
twelve months previous to employment, no
more than would be received for 10 hours
of work per week for 50 weeks at the
established minimum wage.
Qualified family. A family residing in housing
assisted under one of the programs listed in
paragraph (a) of this section or receiving
tenant -based IRCHSD under one of the
programs listed in paragraph (a) of this
section.
r persons with disabilities—Disallowance of
(1) Whose annual income increases as a
result of employment of a family member
who is a person with disabilities and who
was previously unemployed for one or
more years prior to employment;
(2) Whose annual income increases as a
result of increased earnings by a family
member who is a person with disabilities
during participation in any economic self-
sufficiency or other job training program; or
(3) Whose annual income increases, as a result
of new employment or increased earnings of
a family member who is a person with
disabilities, during or within six months after
receiving assistance, benefits or services
under any state program for temporary
assistance for needy families funded under
Part A of Title IV of the Social Security Act,
as determined by the responsible entity in
consultation with the local agencies
administering temporary assistance for
needy families (TANF) and Welfare -to -Work
(WTW) programs. The TANF program is not
limited to monthly income maintenance, but
also includes such benefits and services as
one-time payments, wage subsidies and
transportation assistance-- provided that the
total amount over a six-month period is at
least $500.
pg. 112
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Administrative Plan Indian River County Housing Services Division
(c) Disallowance of increase in annual income—
(1) Initial twelve month exclusion. During the 12 -
month period beginning on the date a member who
is a person with disabilities of a qualified family is
first employed or the family first experiences an
increase in annual income attributable to
employment, the responsible entity must exclude
from annual income (as defined in the regulations
governing the applicable program listed in
paragraph (a) of this section) of a qualified family
any increase in income of the family member who
is a person with disabilities as a result of
employment over prior income of that family
member.
(2) Second twelve month exclusion and phase-in.
Upon expiration of the 12 -month period defined in
paragraph (c)(1) of this section and for the
subsequent 12 -month period, the responsible
entity must exclude from annual income of a
qualified family at least 50 percent of any increase
in income of such family member as a result of
employment over the family member's baseline
income.
(3) Maximum 2 -year disallowance. The
disallowance of increased income of an individual
family member who is a person with disabilities as
provided in paragraph (c)(1) or (c)(2) of this section
is limited to a lifetime 24 -month period. The
disallowance applies for a maximum of 12 months
for disallowance under paragraph (c)(1) of this
section and a maximum of 12 months for
disallowance under paragraph (c)(2) of this
section, during the 24- month period starting from
the initial exclusion under paragraph (c)(1) of this
section.
(4) Effect of changes on currently participating
families. Families eligible for and participating in
the disallowance of earned income under this
section prior to May 9, 2016 will continue to be
governed by this section in effect as it existed
immediately prior to that date (see 24 CFR parts 0
to 199, revised as of April 1, 2016).
(d) Inapplicability to admission. The disallowance
of increases in income as a result of employment
of persons with disabilities under this section does
not apply for purposes of admission to the program
(including the determination of income eligibility or
any income targeting that may be applicable).
pg. 113
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Administrative Plan
Indian River County Housing Services Division
EXHIBIT 6-5: THE EFFECT OF WELFARE BENEFIT REDUCTION
24 CFR 5.615 Public housing program and Section 8 tenant -based assistance program: How
welfare benefit reduction affects family income.
(a) Applicability. This section applies to covered
families who reside in public housing (part 960 of
this title) or receive Section 8 tenant -based
assistance (part 982 of this title).
(b) Definitions. The following definitions apply for
purposes of this section:
Covered families. Families who receive welfare
assistance or other public assistance benefits
("welfare benefits") from a State or other public
agency ("welfare agency") under a program for
which Federal, State, or local law requires that a
member of the family must participate in an
economic self-sufficiency program as a condition for
such assistance.
Economic self-sufficiency program. See definition
at Sec. 5.603.
Imputed welfare income. The amount of annual
income not actually received by a family, as a
result of a specified welfare benefit reduction, that
is nonetheless included in the family's annual
income for purposes of determining rent.
Specified welfare benefit reduction.
(1) A reduction of welfare benefits by the welfare
agency, in whole or in part, for a family member,
as determined by the welfare agency, because of
fraud by a family member in connection with the
welfare program; or because of welfare agency
sanction against a family member for
noncompliance with a welfare agency requirement
to participate in an economic self-sufficiency
program.
(2) "Specified welfare benefit reduction" does not
include a reduction or termination of welfare
benefits by the welfare agency:
(i) at expiration of a lifetime or other time limit
on the payment of welfare benefits;
(ii) because a family member is not able to obtain
employment, even though the family member has
complied with welfare agency economic self-
sufficiency or work activities requirements; or
(iii) because a family member has not complied
with other welfare agency requirements.
(c) Imouted welfare income.
(1) A family's annual income includes the amount
of imputed welfare income (because of a specified
welfare benefits reduction, as specified in notice to
the PHA by the welfare agency), plus the total
amount of other annual income as determined in
accordance with Sec. 5.609.
(2) At the request of the PHA, the welfare agency
will inform the PHA in writing of the amount and
term of any specified welfare benefit reduction for
a family member, and the reason for such
reduction, and will also inform the PHA of any
subsequent changes in the term or amount of
such specified welfare benefit reduction. The PHA
will use this information to determine the amount
of imputed welfare income for a family.
(3) A family's annual income includes imputed
welfare income in family annual income, as
determined at the PHA's interim or regular
reexamination of family income and composition,
during the term of the welfare benefits reduction
(as specified in information provided to the PHA
by the welfare agency).
(4) The amount of the imputed welfare income is
offset by the amount of additional income a family
receives that commences after the time the
sanction was imposed. When such additional
income from other sources is at least equal to the
imputed
(5) The PHA may not include imputed welfare
income in annual income if the family was not an
assisted resident at the time of sanction.
(d) Review of PHA decision.
(1) Public housing. If a public housing tenant claims
that the PHA has not correctly calculated the
amount of imputed welfare income in accordance
with HUD requirements, and if the PHA denies the
family's request to modify such amount, the PHA
shall give the tenant written notice of such denial,
with a brief explanation of the basis for the PHA
determination of the amount of imputed welfare
income. The PHA notice shall also state that if the
tenant does not agree with the PHA determination,
the tenant may request a grievance hearing in
accordance with part 966,
pg. 114
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Administrative Plan Indian River County Housing Services Division
subpart B of this title to review the PHA determination. The tenant is not required to pay an escrow
deposit pursuant to Sec. 966.55(e) for the portion of tenant rent attributable to the imputed welfare
income in order to obtain a grievance hearing on the PHA determination.
(2) Section 8 participant. A participant in the Section 8 tenant -based assistance program may request
an informal hearing, in accordance with Sec. 982.555 of this title, to review the PHA determination of
the amount of imputed welfare income that must be included in the family's annual income in
accordance with this section. If the family claims that such amount is not correctly calculated in
accordance with HUD requirements, and if the PHA denies the family's request to modify such amount,
the PHA shall give the family written notice of such denial, with a brief explanation of the basis for the
PHA determination of the amount of imputed welfare income. Such notice shall also state that if the
family does not agree with the PHA determination, the family may request an informal hearing on the
determination under the PHA hearing procedure.
(e) PHA relation with welfare agency.
(1) The PHA must ask welfare agencies to inform the PHA of any specified welfare benefits
reduction for a family member, the reason for such reduction, the term of any such reduction, and
any subsequent welfare agency determination affecting the amount or term of a specified welfare
benefits reduction. If the welfare agency determines a specified welfare benefits reduction for a
family member, and gives the PHA written notice of such reduction, the family's annual incomes
shall include the imputed welfare income because of the specified welfare benefits reduction.
(2) The PHA is responsible for determining the amount of imputed welfare income that is
included in the family's annual income as a result of a specified welfare benefits reduction as
determined by the welfare agency, and specified in the notice by the welfare agency to the PHA.
However, the PHA is not responsible for determining whether a reduction of welfare benefits by the
welfare agency was correctly determined by the welfare agency in accordance with welfare program
requirements and procedures, nor for providing the opportunity for review or hearing on such welfare
agency determinations.
Such welfare agency determinations are the responsibility of the welfare agency, and the family
may seek appeal of such determinations through the welfare agency's normal due process
procedures. The PHA shall be entitled to rely on the welfare agency notice to the PHA of the
welfare agency's determination of a specified welfare benefits reduction.
pg. 115
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Administrative Plan Indian River County Housing Services Division
Chapter 7: Verification
The PHA must verify all information that is used to establish the family's eligibility and level of
assistance and is required to obtain written authorization from the family in order to collect the
information. Applicants and program participants must cooperate with the verification process as a
condition of receiving assistance. The PHA must not pass on the cost of verification to the family.
The PHA will follow the verification guidance provided by HUD in Notice PIH 2018-18 and
any subsequent guidance issued by HUD. This chapter summarizes those requirements
and provides supplementary PHA policies.
Part I describes the general verification process. Part II provides more detailed
requirements related to family information. Part III provides information on income and
assets, and Part IV covers mandatory deductions.
Verification policies, rules and procedures will be modified as needed to accommodate
persons with disabilities. All information obtained through the verification process will be
handled in accordance with the records management policies.
Part I: General Verification Requirements
7-1 A.FAMILY CONSENT TO RELEASE OF INFORMATION [24 CFR 982.516
AND 982.551, 24 CFR 5.2301
The family must supply any information that IRCHSD or HUD determines is necessary to the
administration of the program and must consent to PHA verification of that information [24 CFR
982.551].
Consent Forms
It is required that all adult applicants and participants sign form HUD -9886, Authorization for
Release of Information. The purpose of this form is to facilitate automated data collection and
computer matching from specific sources and provides the family's consent only for the specific
purposes listed on the form. HUD and the PHA may collect information from State Wage
Information Collection Agencies (SWICAs) and current and former employers of adult family
members. Only HUD is authorized to collect information directly from the Internal Revenue Service
(IRS) and the Social Security Administration (SSA). Adult family members must sign other consent
forms as needed to collect information relevant to the family's eligibility and level of assistance.
Penalties for Failing to Consent [24 CFR 5.2321
If any family member who is required to sign a consent form fails to do so, IRCHSD will deny
admission to applicants and terminate assistance of participants. The family may request an
informal review (applicants) or informal hearing (participants) in accordance with IRCHSD
procedures and the policies in Chapter 16 of this plan.
7-1 B. OVERVIEW OF VERIFICATION REQUIREMENTS
HUD's Verification Hierarchy [Notice PIH 2018-181
HUD mandates the use of the EIV system and offers administrative guidance on the use of other
methods to verify family information and specify the circumstances in which each method will be
used. In general HUD requires the PHA to use the most reliable form of verification that is available
and to document the reasons when the PHA uses a lesser form of verification.
In order of priority, the forms of verification that the PHA will use are:
Up -front Income Verification (UIV) using HUD's Enterprise Income Verification (EIV)
system
Up -front Income Verification (UIV) using a non -HUD system
pg. 116
402
Administrative Plan Indian River County Housing Services Division
• Written Third -Party Verification (may be provided by applicant or participant)
• Written Third -party Verification Form
• Oral Third -party Verification
• Self -Certification
Each of the verification methods is discussed in subsequent sections below.
Requirements for Acceptable Documents
IRCHSD Policy
Any documents used for verification must be the original (not photocopies) and generally
must be dated within 60 days of the request. The documents must not be damaged, altered
or in any way illegible.
Print-outs from Web pages are considered original documents.
The staff member who views the original document must make a photocopy, date the
original or the copy and initial, if applicable.
Any family self -certifications must be made in a format acceptable to the IRCHSD and must
be signed in the presence of a county representative or notary public.
File Documentation
The PHA must document in the file how the figures used in income and rent calculations were
determined. All verification attempts, information obtained, and decisions reached during the
verification process will be recorded in the family's file in sufficient detail to demonstrate that the
PHA has followed all of the verification policies set forth in this plan. The record should be sufficient
to enable a staff member or HUD reviewer to understand the process followed and conclusions
reached.
IRCHSD Policy
IRCHSD will document, in the family file, the following:
• Reported family annual income
• Value of assets
• Expenses related to deductions from annual income
• Other factors influencing adjusted income
When the PHA is unable to obtain third -party verification, the PHA will document in the family
file the reason that third -party verification was not available [24 CFR 982.516(a)(2); Notice PIH
2018-18].
7-1 C. UP -FRONT INCOME VERIFICATION (UIV)
Up -front income verification (UIV) refers to the PHA's use of the verification tools available from
independent sources that maintain computerized information about earnings and benefits. UIV
will be used to the extent that these systems are available to the PHA.
There may be legitimate differences between the information provided by the family and UIV-
generated information. If the family disputes the accuracy of UIV data, no adverse action can be
taken until the PHA has independently verified the UIV information and the family has been
granted an opportunity to contest any adverse findings through the informal review/hearing
process of the PHA.
See Chapter 6 for the PHA's policy on the use of UIV/EIV to project annual income.
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Upfront Income Verification Using HUD's Enterprise Income Verification (EIV) System
(Mandatory)
PHAs must use HUD's EIV system in its entirety as a third -party source to verify tenant employment
and income information during mandatory reexaminations or recertifications of family composition
and income in accordance with 24 CFR 5.236 and administrative guidance issued by HUD. The EIV
system contains data showing earned income, unemployment benefits, social security benefits, and
SSI benefits for participant families. The following policies apply to the use of HUD's EIV system.
EIV Income Reports
The data shown on income reports is updated quarterly. Data may be between 3 and 6 months old
at the time reports are generated.
IRCHSD Policy
IRCHSD will obtain income reports for annual reexaminations on a monthly basis.
Reports will be generated as part of the regular reexamination process.
Income reports will be compared to family -provided information as part of the annual
reexamination process. Income reports may be used in the calculation of annual income,
as described in Chapter 6-I.C. Income reports may also be used to meet the regulatory
requirement for third party verification, as described above. Policies for resolving
discrepancies between income reports and family -provided information will be resolved as
described in Chapter 6-I.C. and in this chapter.
Income reports will be used in interim reexaminations to identify any discrepancies
between reported income and income shown in the EIV system, and as necessary to verify
the presence of earned income, and to verify and calculate unemployment benefits, Social
Security and/or SSI benefits. EIV will also be used to verify that families claiming zero
income are not receiving income from any of these sources.
Income reports will be retained in participant files with the applicable annual or
interim reexamination documents.
When IRCHSD determines through income reports and third -party verification that a
family has concealed or under -reported income, corrective action will be taken pursuant
to the policies in Chapter 14, Program Integrity.
EIV Identity Verification
The EIV system verifies tenant identities against SSA records. These records are compared to PIC
data for a match on social security number, name, and date of birth.
PHAs are required to use EIV's Identity Verification Report on a monthly basis to improve the
availability of income information in EIV [Notice PIH 2018-18].
When identity verification for a participant fails, a message will be displayed within the EIV system,
and no income information will be displayed.
IRCHSD Policy
IRCHSD will identify participants whose identity verification has failed by reviewing
EIV's Identity Verification Report on a monthly basis.
IRCHSD will attempt to resolve PIC/SSA discrepancies by obtaining appropriate
documentation from the participant. When IRCHSD determines that discrepancies exist due
to IRCHSD errors such as spelling errors or incorrect birth dates, the errors will be corrected
promptly.
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Administrative Plan Indian River County Housing Services Division
Upfront Income Verification Using Non -HUD Systems (Optional)
In addition to mandatory use of the EIV system, HUD encourages PHAs to utilize other upfront
verification sources.
IRCHSD Policy
IRCHSD will inform all applicants and participants of its use of the following UIV resources
during the admission and reexamination process:
• HUD's EIV system
7-1 D. THIRD -PARTY WRITTEN AND ORAL VERIFICATION
HUD's current verification hierarchy defines two types of written third -party verification. The more
preferable form, "written third -party verification," consists of an original document generated by a
third -party source, which may be received directly from a third -party source or provided to the
PHA by the family. If written third -party verification is not available, the PHA must attempt to
obtain a "written third -party verification form." This is a standardized form used to collect
information from a third party.
Written Third -Party Verification [Notice PIH 2018-181
Written third -party verification documents must be original and authentic and may be supplied by the
family or received from a third -party source.
Examples of acceptable tenant -provided documents include, but are not limited to: pay stubs,
payroll summary reports, employer notice or letters of hire and termination, SSA benefit verification
letters, bank statements, child support payment stubs, welfare benefit letters and/or printouts, and
unemployment monetary benefit notices.
The PHA is required to obtain, at minimum, two current and consecutive pay stubs for determining
annual income from wages.
The PHA may reject documentation provided by the family if the document is not original, if
the document appears to be forged, or if the document is altered, mutilated, or illegible.
IRCHSD Policy
Third -party documents provided by the family must be dated within 60 days of the requested
date.
If it is determined that third -party documents provided by the family are not acceptable, will
explain the reason to the family and request additional documentation.
As verification of earned income, will require the family to provide the two most current,
consecutive pay stubs if the tenant is a new hire, if the tenant has been working for a period
of time, will request the consecutive pay stubs for six (6) to (8) pay periods or what pay
stubs are available from the start of employment.
Written Third -Party Verification Form
When upfront verification is not available and the family is unable to provide written third -
party documents, the PHA must request a written third -party verification form. HUD's
position is that this traditional third -party verification method presents administrative burdens
and risks which may be reduced through the use of family -provided third -party documents.
PHAs may mail, fax, or e-mail third -party written verification form requests to third -party sources.
IRCHSD Policy
In general, it is preferable for IRCHSD to mail or fax forms directly to the third -party source.
However, when verification forms are returned to IRCHSD by the family, they will be orally
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Administrative Plan Indian River County Housing Services Division
third -party confirmed by IRCHSD staff.
IRCHSD will accept verifications in the form of computerized printouts delivered by the
family from the following agencies:
• Social Security Administration;
• Veterans Administration; Department of Social and Health Services;
• Office of Child Support Enforcement;
• Employment Security Department; and
• City or county courts.
Additionally, IRCHSD may accept verifications in the form of computerized printouts
delivered by the family for record of:
Bank Statements
Statement of Wages
To all extent possible, IRCHSD will not delay the processing of an application or review
beyond 10 business days because a third -party information provider does not return the
verification in a timely manner.
Oral Third -Party Verification [Notice PIH 2018-181
For third -party oral verification, PHAs contact sources, identified by UIV techniques or by the family,
by telephone or in person.
Oral third -party verification is mandatory if neither form of written third -party verification is available.
Third -party oral verification may be used when requests for written third -party verification forms
have not been returned within a reasonable time, 10 business days.
IRCHSD Policy
IRCHSD staff may also verify wage information directly with the employer when the
upfront income verification method is not applicable, and the applicant/participant is
unable to produce original/authentic third -party documentation, or the documentation
provided appears to be insufficient and/or altered. The family will be required to sign an
authorization for the information source to release the specified information.
When third -party oral verification is used, staff will be required to document with whom
they spoke, the date of the conversation, and the facts provided. IRCHSD will compare
the information to any documents provided by the family. If provided by telephone,
IRCHSD may originate the call.
When any source responds verbally to the initial written request for verification IRCHSD
will accept the verbal response as oral verification but will also request that the source
complete and return any verification forms that were provided.
When Third -Party Verification is Not Required [Notice PIH 2018-181
Third -party verification may not be available in all situations. HUD has acknowledged that it may
not be cost-effective or reasonable to obtain third -party verification of income, assets, or expenses
when these items would have a minimal impact on the family's total tenant payment.
IRCHSD Policy
If the family cannot provide original documents, IRCHSD will pay the service charge
required to obtain third -party verification, unless it is not cost effective in which case a self -
certification will be acceptable as the only means of verification. The cost of verification will
not be passed on to the family.
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Administrative Plan Indian River County Housing Services Division
The cost of postage and envelopes to obtain third -party verification of income,
assets, and expenses is not an unreasonable cost [VG, p. 181.
Primary Documents
Third -party verification is not required when legal documents are the primary source, such as birth
certificate or other legal documentation of birth.
Imputed Assets
HUD permits PHAs to accept a self -certification from a family as verification of assets.disposed of for
less than fair market value [HCV GB, p. 5-28].
IRCHSD Policy
IRCHSD will accept a self -certification from a family as verification of assets disposed
of for less than fair market value.
Value of Assets and Asset Income [24 CFR 982.516(a)1
For families with net assets totaling $5,000 or less, the PHA may accept the family's declaration of
asset value and anticipated asset income. However, the PHA is required to obtain third -party
verification of all assets regardless of the amount during the intake process and at least every three
years thereafter.
IRCHSD Policy
For families with net assets totaling $5,000 or less, IRCHSD will accept the family's self -
certification of the value of family assets and anticipated asset income when applicable.
The family's declaration must show each asset, and the amount of income expected from
that asset. All family members 18 years of age and older must sign the family's
declaration.
Will use third -party documentation for assets as part of the intake process, whenever a
family member is added to verify the individual's assets, and every three years thereafter; if
applicable. Six months of bank statements or the most current bank statement with the
balance will suffice if third party is not obtainable.
7-1 E. SELF -CERTIFICATION
Self -certification may be an acceptable form of verification when:
• A source of income is fully excluded
• Net family assets total $50,000 or less and the PHA has adopted a policy to
accept self -certification at annual recertification, when applicable
• The PHA has adopted a policy to implement streamlined annual recertifications
for fixed sources of income (See Chapter 11)
When the PHA was required to obtain third -party verification but instead relies on a tenant
declaration for verification of income, assets, or expenses, the family's file must be documented to
explain why third -party verification was not available.
€RCHSD Eli
When information cannot be verified by a third party or by review of documents, family
members will be required to submit self -certifications attesting to the accuracy of the
information they have provided to IRCHSD.
IRCHSD may require a family to certify that a family member does not receive a
particular type of income or benefit.
The self -certification must be made in a format acceptable to IRCHSD and must be
signed by the family member whose information or status is being verified.
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Administrative Plan Indian River County Housing Services Division
All self -certifications must be signed in the presence of a County representative or a
notary public.
Part II: Verifying Family Information
7 -II A. VERIFICATION OF LEGAL IDENTITY
IRCHSD Policy
IRCHSD will require families to furnish verification of legal identity for each household
member.
Verification of Legal Identity for Adults
Verification of Legal Identity for Children
Certificate of birth, naturalization papers
Certificate of birth
Church issued baptismal certificate
Adoption papers
Current, valid driver's license or Department
Custody agreement
of Motor Vehicles identification card
Health and Human Services ID
U.S. military discharge (DD 214)
Certified school records
Current U.S. passport
Current employer identification card
If a document submitted by a family is illegible for any reason or otherwise
questionable, more than one of these documents may be required.
If none of these documents can be provided and at the IRCHSD discretion, a third party
who knows the person may attest to the person's identity. The certification must be
provided in a format acceptable and be signed in the presence of a County representative
or a notary public.
Legal identity will be verified for all applicants at the time of eligibility determination and
in cases where IRCHSD has reason to doubt the identity of a person representing
themselves to be a participant.
7 -II B. SOCIAL SECURITY NUMBERS [24 CFR 5.216, NOTICE PIH 2012-101
The family must provide documentation of a valid social security number (SSN) for each member
of the household, with the exception of individuals who do not contend eligible immigration
status. Exemptions also include existing program participants who were at least 62 years of age
as of January 31, 2010, and had not previously disclosed an SSN.
Note that an individual who previously declared to have eligible immigration status may not
change their declaration for the purpose of avoiding compliance with the SSN disclosure and
documentation requirements or penalties associated with noncompliance with these
requirements. Nor may the head of household opt to remove a household member from the
family composition for this purpose.
The PHA must accept the following documentation as acceptable evidence of the social
security number:
• An original SSN card issued by the Social Security Administration (SSA)
• An original SSA -issued document, which contains the name and SSN of the individual
• An original document issued by a federal, state, or local government agency, which
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Administrative Plan Indian River County Housing Services Division
contains the name and SSN of the individual. This includes:
The Certificate of Release or Discharge from Active Duty (DD -214);
VA -verified Application for Health Benefits (10-10EZ)
VA -issued photo identification card
The PHA may only reject documentation of an SSN provided by an applicant or participant if the
document is not an original document or if the original document has been altered, mutilated, is
illegible, or appears to be forged.
IRCHSD Policy
IRCHSD will explain to the applicant or participant the reasons the document is not
acceptable and request that the individual obtain and submit acceptable documentation of
the SSN to IRCHSD within 10 business days.
In the case of Moderate Rehabilitation Single Room Occupancy (SRO) individuals, the
required documentation must be provided within 90 calendar days from the date of
admission into the program. The PHA must grant one additional 90 -day extension if it
determines that the applicant's failure to comply was due to circumstances that were
beyond the applicant's control and could not have been reasonably foreseen.
IRCHSD Policy
IRCHSD may grant an additional 90 -day extension if needed for reasons beyond the
participant's control such as delayed processing of the SSN application by the SSA,
natural disaster, fire, death in the family, or other emergency. If the individual fails to
comply with SSN disclosure and documentation requirements upon expiration of the
provided time period, IRCHSD will terminate the individual's assistance.
If an applicant family includes a child under 6 years of age who joined the household within the 6
months prior to the date of voucher issuance, an otherwise eligible family may be admitted to the
program and the family must provide documentation of the child's SSN within 90 days of the
effective date of the initial HAP contract. A 90 -day extension will be granted if the PHA determines
that the participant's failure to comply was due to unforeseen circumstances and was outside of the
participant's control.
IRCHSD Policy
IRCHSD may grant an additional 90 -day extension if needed for reasons beyond the
applicant's control, such as delayed processing of the SSN application by the SSA,
natural disaster, fire, death in the family, or other emergency.
When a participant requests to add a new household member who is at least 6 years of age, or
who is under the age of 6 and has an SSN, the participant must provide the complete and
accurate SSN assigned to each new member at the time of reexamination or recertification, in
addition to the documentation required to verify it. The PHA may not add a new household
member until such documentation is provided.
When a participant requests to add a new household member who is under the age of 6 and
has not been assigned an SSN, the participant must provide the SSN assigned to each new
child and the required documentation within 90 calendar days of the child being added to the
household. A 90 -day extension will be granted if the PHA determines that the participant's
failure to comply was due to unforeseen circumstances and was outside of the participant's
control. During the period the PHA is awaiting documentation of the SSN, the child will be
counted as part of the assisted household.
IRCHSD Policy
IRCHSD will grant one additional 90 -day extension if needed for reasons beyond the
participant's control such as delayed processing of the SSN application by the SSA,
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Administrative Plan Indian River County Housing Services Division
natural disaster, fire, death in the family, or other emergency.
Social security numbers must be verified only once during continuously assisted occupancy.
IRCHSD Policy
IRCHSD will verify each disclosed SSN by:
Obtaining documentation from applicants and participants that is acceptable as
evidence of social security numbers
Making a copy of the original documentation submitted, returning it to the
individual, and retaining a copy in the file folder
If an applicant or addition to a participant household is able to disclose the Social Security
Number but cannot meet the documentation requirements, the applicant or addition cannot
be admitted to the program. (Existing program participants as of January 31, 2010, who
have previously disclosed a valid SSN or who are 62 years of age or older and have not
previously disclosed a valid SSN are exempt from these disclosure requirements. [HUD
Notice PIH 2010-3])
If the family member states they have not been issued a number and is a member of a
household whose other members can provide verification of their SSN, the family member
will be required to sign a certification to this effect. IRCHSD will obtain a HUD issued
alternate ID to use until the Social Security number is obtained.
Once the individual's verification status is classified as "verified," the PHA may, at its discretion, remove and
destroy copies of documentation accepted as evidence of social security numbers. The retention of the EIV
Summary Report or Income Report is adequate documentation of an individual's SSN.
IRCHSD Policy
Once an individual's status is classified as "verified" in HUD's EIV system, IRCHSD will
not remove and destroy copies of documentation accepted as evidence of social security
numbers.
7 -II C. DOCUMENTATION OF AGE
A birth certificate or other official record of birth is the preferred form of age verification for all family
members. For elderly family members an original document that provides evidence of the receipt of
social security retirement benefits is acceptable.
IRCHSD Policy
If an official record of birth or evidence of social security retirement benefits cannot be
provided, IRCHSD will require the family to submit other documents that support the
reported age of the family member (e.g., school records, driver's license if birth year is
recorded) and to provide self -certification.
Age must be verified only once during continuously assisted occupancy.
7 -II D. FAMILY RELATIONSHIPS
Applicants and program participants are required to identify the relationship of each household
member to the head of household. Definitions of the primary household relationships are provided
in the Eligibility chapter.
IRCHSD Pol
Family relationships are verified only to the extent necessary to determine a family's
eligibility and level of assistance. Self -certification by the head of household normally is
sufficient verification of family relationships.
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Administrative Plan Indian River County Housing Services Division
Marriage
IRCHSD Policy
Certification by the head of household is normally sufficient verification. If IRCHSD has
reasonable doubts about a marital relationship, IRCHSD will require the family to document
the marriage.
A marriage certificate generally is required to verify that a couple is married.
In the case of a common law marriage, the couple must demonstrate that they hold
themselves to be married (e.g., by telling the community they are married, calling each
other husband and wife, using the same last name, filing joint income tax returns).
Separation or Divorce
IRCHSD Policy
Certification by the head of household is normally sufficient verification. If IRCHSD has
reasonable doubts about separation or divorce, IRCHSD will require the family to provide
documentation of the divorce or separation.
A certified copy of a divorce decree, signed by a court officer, is required to document
that a couple is divorced, if applicable.
A copy of a court-ordered maintenance or other court record is required to document a
separation, if applicable.
If no court document is available, documentation from a community-based agency
will be accepted, if applicable.
Verification of parent or guardian relationships:
IRCHSD Policy
The following documentation may provide documentation of parental or guardian
relationships.
• Birth Certificates or hospital verification of birth;
• Baptismal Certificates where the names of the parent(s) and the birth date are
noted;
• Official court paperwork of custody assignment or adoption decree; or
• Court-ordered assignment.
Foster Children and Foster Adults
IRCHSD f?oii
Third -party verification from the state or local government agency responsible for the
placement of the individual with the family is required.
Verification of Permanent Absence of Family Member
IRCHSD Policy
If an adult member who was formerly a member of the household is reported permanently
absent by the family, the family must provide evidence to support that the person is no
longer a member of the family. IRCHSD will consider any of the following as verification:
• Order of protection/restraining order is obtained by one family member against another;
• Proof of another home address is provided, such as utility bills, canceled checks for
rent, driver's license, or lease or rental agreement, if available;
• Family provides statements from other agencies such as social services or a written
statement from the landlord or manager that the adult family member is no longer
living at that location;
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Administrative Plan Indian River County Housing Services Division
• If the adult family member is incarcerated, a document from the court or
correctional facility should be obtained stating how long they will be
incarcerated; or
• As a last resort, if no other proof can be provided, IRCHSD will accept a self -certification from
the head of household, or the spouse or co-head if the head is the absent member.
Verification of Change in Family Composition
IRCHSD J?l.
IRCHSD may verify changes in family composition (either reported or unreported) through
letters, telephone calls, utility records, inspections, landlords, neighbors, credit data,
school or DMV records, and other sources.
7 -II E. VERIFICATION OF STUDENT STATUS
General Requirements
iRCHSD Folic
IRCHSD requires families to provide information about the student status of all students
who are 18 years of age or older. This information will be verified only if:
• The family reports full-time student status for an adult other than the head,
spouse, or cohead.
• The family reports childcare expenses to enable a family member to further their
education.
• The family includes a student enrolled in an institution of higher education.
Restrictions on Assistance to Students Enrolled in Institutions of Higher Education
This section applies only to students who are seeking assistance on their own, separately
from their parents. It does not apply to students residing with parents who are seeking or
receiving HCV assistance.
IRCHSD Poli
In accordance with the verification hierarchy described in section 7-1. B, IRCHSD will
determine whether the student is exempt from the restrictions in 24 CFR 5.612 by
verifying any one of the following exemption criteria:
• The student is enrolled at an educational institution that does not meet the definition
of institution of higher education in the Higher Education Act of 1965 (see section
Exhibit 3-2).
• The student is at least 24 years old.
• The student is a veteran, as defined in section 3-II.E.
• The student is married.
• The student has at least one dependent child, as defined in section 3-II.E.
• The student is a person with disabilities, as defined in section 3 -II. E, and was
receiving assistance prior to November 30, 2005.
If IRCHSD cannot verify at least one of these exemption criteria, IRCHSD will conclude that
the student is subject to the restrictions on assistance at 24 CFR 5.612. In addition to
verifying the student's income eligibility, IRCHSD will then proceed to verify either the
student's parents' income eligibility (see section 7-III.J) or the student's independence from
their parents (see below).
Independent Student
3RCH SD f'olN
IRCHSD will verify a student's independence from their parents to determine that the
student's parents' income is not relevant for determining the student's eligibility by doing all
of the following:
• Either reviewing and verifying previous address information to determine
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Administrative Plan Indian River County Housing Services Division
whether the student has established a household separate from their parents for
at least one year or reviewing and verifying documentation relevant to
determining whether the student meets the U.S. Department of Education's
definition of independent student (see section 3 -II. E)
• Reviewing the student's prior year income tax returns to verify the student is
independent or verifying the student meets the U.S. Department of Education's
definition of independent student (see section 3 -II. E)
• Requesting and obtaining written certification directly from the student's parents
identifying the amount of support they will be providing to the student, even if the
amount of support is $0, except in cases in which IRCHSD determines that the
student is a vulnerable youth (see section 3 -II. E)
7 -II F. DOCUMENTATION OF DISABILITY
The PHA must verify the existence of a disability in order to allow certain income disallowances and
deductions from income. The PHA is not permitted to inquire about the nature or extent of a person's
disability [24 CFR 100.202(c)]. The PHA may not inquire about a person's diagnosis or details of treatment
for a disability or medical condition. If the PHA receives a verification document that provides such
information, the PHA will not place this information in the tenant file. Under no circumstances will the PHA
request a participant's medical record(s). For more information on health care privacy laws, see the
Department of Health and Human Services' website at http://www.hhs.gov/ocr/privacy/.
The above cited regulation does not prohibit the following inquiries, provided these inquiries are made by
all applicants, whether or not they are persons with disabilities [VG, p. 241:
• Inquiry into an applicant's ability to meet the requirements of ownership or tenancy
• Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with
disabilities or to persons with a particular type of disability
• Inquiry to determine whether an applicant for a dwelling is qualified for a priority available
to persons with disabilities or to persons with a particular type of disability
• Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a
controlled substance
• Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a
controlled substance
Family Members Receiving SSA Disability Benefits
Verification of the receipt of disability benefits from the Social Security Administration (SSA) is sufficient
verification of disability for the purpose of qualifying for waiting list preferences (if applicable) or certain
income disallowances and deductions [VG, p. 23].
IRCHSD Policy
For family members claiming disability who receive disability benefits from the SSA, IRCHSD will
attempt to obtain information about disability benefits through the HUD Enterprise Income
Verification (EIV) system. If documentation from HUD's EIV System is not available, IRCHSD will
request a current (dated within the last 60 days) SSA benefit verification letter from each family
member claiming disability status. If the family is unable to provide the document(s), IRCHSD will
ask the family to request a benefit verification letter by either calling SSA at 1-800-772-1213, or
by requesting it from www.ssa.gov. Once the applicant or participant receives the benefit
verification letter, they will be required to provide it to IRCHSD.
Family Members Not Receiving SSA Disability Benefits
Receipt of veteran's disability benefits, worker's compensation, or other non -SSA benefits based on the
individual's claimed disability are not sufficient verification that the individual meets HUD's definition of
disability in 24 CFR 5.403.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policv
For family members claiming disability who do not receive disability benefits from the SSA, a
knowledgeable professional must provide third -party verification that the family member meets
the HUD definition of disability. See the Eligibility chapter for the HUD definition of disability. The
knowledgeable professional will verify whether the family member does or does not meet the
HUD definition.
7-11 G. CITIZENSHIP OR ELIGIBLE IMMIGRATION STATUS (24 CFR 5.5081
Overview
To be eligible for assistance, individuals must be U.S. citizens or eligible immigrants. Individuals who are
neither may elect not to contend their status. Eligible immigrants must fall into one of the categories
specified by the regulations and must certify their status through US Department of Homeland Security,
US Citizenship and Immigration Services.
Each family member must declare their status once. A household cannot be admitted to the program until
all members who declare to have eligible immigration status provide verification of their status. However,
assistance cannot be delayed, denied, or terminated while confirmation from the Department of
Homeland Security (DHS) of eligible status is pending.
U.S. Citizens and Nationals
HUD requires a declaration for each family member who claims to be a U.S. citizen or national. The
declaration must be signed personally by any family member 18 or older and by a guardian for
minors.
The PHA may request verification of the declaration by requiring presentation of a birth certificate, United
States passport or other appropriate documentation.
IRCHSD Policy
Family members who claim U.S. citizenship or national status will not be required to provide
additional documentation unless staff receives information indicating that an individual's
declaration may not be accurate.
Eligible Immigrants
Documents Required
All family members claiming eligible immigration status must declare their status in the same manner as
U.S. citizens and nationals.
The documentation required for eligible noncitizens varies depending upon factors such as the date the
person entered the U.S., the conditions under which eligible immigration status has been granted, age,
and the date on which the family began receiving HUD -funded assistance. Exhibit 7-1 at the end of this
chapter summarizes documents family members must provide.
PHA Verification [HCV GB, pp. 5-3 and 5-7]
For family members age 62 or older who claim to be eligible immigrants, proof of age is required in the
manner described in 7-II.C. of this plan. No further verification of eligible immigration status is required
For family members under the age of 62 who claim to be eligible immigrants, the PHA must verify
immigration status with the United States Citizenship and Immigration Services (USCIS).
The PHA will follow all USCIS protocols for verification of eligible immigration status
IRCHSD Policv
Non -Citizens with Eligible Immigration Status must sign a declaration of status and verification
consent form and provide their original immigration documents. IRCHSD retains a copy of the
document. IRCHSD verifies the status through the DHS SAVE system. If this primary verification
fails to verify status, IRCHSD must request within 10 days that the DHS conduct a manual
search.
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Administrative Plan Indian River County Housing Services Division
7 -II H. VERIFICATION OF PREFERENCE STATUS
The PHA must verify any preferences claimed by an applicant that determined placement on the waiting
list.
IRCHSD Policy
IRCHSD will verify all preference claims at the time of the eligibility determination. If the
preference verification indicates that an applicant does not qualify for the preference at the time
of the eligibility determination, the applicant will be returned to the waiting list without the
preference but with the same sequence date, until such time as IRCHSD is able to consider
second priority applicants.
If IRCHSD denies a preference, it will notify the applicant in writing of the reasons for the denial
and offer the applicant an opportunity for a meeting with the HCV Issuance Manager. If the
preference denial is upheld as a result of the meeting, or the applicant does not request a
meeting, the applicant will be placed on the waiting list without benefit of the preference.
Applicants may exercise other rights if they believe they have been discriminated against.
Appeals of the HCV Issuance Manager's decision not to grant a preference may be made in
writing to the HCV Deputy Director, who will make the final decision. If an applicant falsifies
documents or makes false statements in order to qualify for a preference, they will be removed
from the waiting list and may not reapply.
IRCHSD will offer a preference to any family that has been terminated from its PHA Program
due to insufficient program funding. This preference will be verified using HCV administrative
termination records.
IRCHSD will also offer a preference to applicants who are victims of domestic violence, dating
violence, sexual assault, or stalking, as described in Section 4-III.C. Verification of this
preference will follow the documentation requirements outlined in Section 16-IX.D.
Part III: Verifying Income and Assets
Chapter 6, Part I of this plan describes in detail the types of income that are included and excluded and
how assets and income from assets are handled. Any assets and income reported by the family must be
verified. This part provides IRCHSD policies that supplement the general verification procedures
specified in Part I of this chapter.
7-111 A. EARNED INCOME
Tips
Wages
IRCHSD Policy
Unless tip income is included in a family member's W-2 by the employer, persons who work in
industries where tips are standard may be required to complete a self -certification form to declare
tip income.
IRCHSD Policy
For wages other than tips, the family must provide originals of the two most current, consecutive
pay stubs if employment just started and six (6) to eight (8) pay stubs for longer employment, if
applicable.
7 -III B. BUSINESS AND SELF EMPLOYMENT INCOME
IRCHSD oli
.21
Net Income from a Business
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In order to calculate the income from a business, IRCHSD will require the family to complete the
HCV Self Employment Certification form. If the family claims greater than 30% of gross income as
business expenses, the family must submit a copy of their most recent tax return, if one has
previously been filed. IRCHSD will project annual income based on the net amount the family
declares unless there is a pattern of under -reporting income established through a review of 2
previous years' IRS and financial documents.
Acceptable IRS and financial documents include the following, in order of preference:
1. IRS Form 1040, including:
a. Schedule C (Small Business);
b. Schedule E (Rental Property Income);
c. Schedule F (Farm Income); and
d. If accelerated depreciation was used on the tax return or financial statement,
an accountant's calculation of depreciation expense computed using
straight-line depreciation rules.
2. Audited or unaudited financial statement(s) of the business;
3. Credit report or loan application; and
4. Documents such as manifests, appointment books, cash books, bank statements, and
receipts will be used as a guide for the prior six months (or lesser period if not in
business for six months) to project income for the next 12 months. The family will be
advised to maintain these documents in the future if they are not available.
Child Care Business
If an applicant/participant is operating a licensed day care business, income will be verified as
with any other business. The family will be required to complete the HCV Self -Employment
Certification form.
If the family has filed a tax return, the family will be required to provide it.
7 -III C. PERIODIC PAYMENTS AND PAYMENTS IN LIEU OF EARNINGS
For policies governing streamlined income determinations for fixed sources of income, please see
Chapter 11.
Social Security/SSI Benefits
To ensure consistency in the determination of annual Social Security and SSI income, PHAs are required
to use EIV -reported Social Security and SSI benefit amounts unless the tenant disputes the EIV -reported
amount [Notice PIH 2018-24]
IRCHSD Policy
Social Security/SSI Benefits
To verify the SS/SSI benefits of applicants, IRCHSD will request a current (dated within the last
60 days) SSA benefit verification letter from each family member that receives social security
benefits. If the family is unable to provide the document(s), IRCHSD will help the applicant
request a benefit verification letter from SSA's Web site at www.ssa.gov or ask the family to
request one by calling SSA at 1-800-772-1213. Once the applicant has received the benefit
verification letter, they will be required to provide it to IRCHSD.
To verify the SS/SSI benefits of participants, IRCHSD will obtain information about social
security/SSI benefits through the HUD EIV System and confirm with the participant(s) that the
current listed benefit amount is correct. If the participant disputes the EIV -reported benefit
amount, or if benefit information is not available in HUD systems, IRCHSD will request a current
SSA benefit verification letter from each family member that receives social security benefits. If the
family is unable to provide the document(s) the PHA will help the participant request a benefit
verification letter from SSA's Web site at www.ssa.gov or ask the family to request one by calling
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SSA at 1-800-7721213. Once the participant has received the benefit verification letter, they will
be required to provide it to IRCHSD.
Unemployment Compensation
The acceptable method of verification is a computer report electronically obtained or in hard copy
from unemployment office stating payment dates and amounts.
Welfare Payments or General Assistance
Acceptable method of verification includes the following:
• DCF Benefit Verification system only
Verification before Denying a Request to Reduce Rent
IRCHSD will obtain written verification from the welfare agency stating that the family's benefits
have been reduced due to fraud or non-compliance with welfare agency economic self-sufficiency
or work activity requirements before denying the family's request for rent reduction.
IRCHSD will rely on the welfare agency's written verification regarding welfare sanctions
7 -III D. ALIMONY OR CHILD SUPPORT
IRCHSD Poligy
The methods IRCHSD will use to verify alimony and child support payments differ
depending on whether the family declares that it receives regular payments.
If the family declares that it receives regular payments, verification will be obtained in the
following order of priority:
1. Third -party verification form from the state or local child support enforcement agency
and a copy of the child support decree from the support agencies (child support
office/clerk of the court)
2. Copies of the receipts and/or payment stubs for the 60 days prior to the request
3. Third -party verification (notarized) form from the person paying the support
4. Family's self -certification of amount received
If the family declares that it receives irregular or no payments, in addition to the verification
process listed above, the family must provide evidence that it has taken all reasonable efforts to
collect amounts due. This may include:
1. A statement from any agency responsible for enforcing payment that shows the family has
requested enforcement and is cooperating with all enforcement efforts
2. If the family has made independent efforts at collection, a written statement from the
attorney or other collection entity that has assisted the family in these efforts
Note: Families will be required to undertake independent enforcement action if applicable; if the
event the father is incarcerated, independent enforcement action will not be required but will need
proof of the father's incarceration.
7-111 E. ASSETS AND INCOME FROM ASSETS
Assets Disposed of for Less than Fair Market Value
The family must certify whether any assets have been disposed of for less than fair market value in the
preceding two years. IRCHSD needs to verify only those certifications that warrant documentation [HCV
GB, p. 5-28].
IRCHSD Policy
If total household assets are less than $50,000, then families may self -certify, and assets do
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not need to be verified by IRCHSD; and income from those assets will not be counted in family
income for rent calculation purposes.
For all certifications and re -certifications, IRCHSD will obtain the family's certification as to
whether any member has disposed of assets for less than fair market value during the two
years preceding the effective date of the certification or recertification.
If the family certifies that they have disposed of assets for less than fair market value, verification
or certification is required that shows:
• All assets disposed of for less than FMV;
• The date they were disposed of;
• The amount the family received; and
• The market value of the assets at the time of disposition.
Third -party verification will be obtained wherever possible.
7-111 F. NET INCOME FROM RENTAL PROPERTY
IRCHSD Policy
Acceptable methods of verification include, in this order:
1. IRS Form 1040, with Schedule E (Rental Income);
2. Copies of latest rent receipts, leases, or other documentation of rent amounts;
3. Documentation of allowable operating expenses of the property: tax statements,
insurance invoices, bills for reasonable maintenance and utilities, and bank statements or
amortization schedules showing monthly interest expense; and
4. Lessee's written statement verifying rent payments to the family and family's
self -certification
7 -III G. RETIREMENT ACCOUNTS
IRCHSD Policy
IRCHSD will accept written third -party documents supplied by the family as evidence of the
status of retirement accounts.
The type of original document that will be accepted depends upon the family member's retirement
status.
Before retirement, IRCHSD will accept an original document from the entity holding the
account with a date that shows it is the most recently scheduled statement for the
account but in no case earlier than 6 months from the effective date of the examination.
Upon retirement, IRCHSD will accept an original document from the entity holding the
account that reflects any distributions of the account balance, any lump sums taken
and any regular payments.
After retirement, IRCHSD will accept an original document from the entity holding the
account dated no earlier than 12 months before that reflects any distribution of the
account balance, any lump sums taken and any regular payments.
7 -III H. INCOME FROM EXCLUDED SOURCES
A detailed discussion of excluded income is provided in Chapter 6, Part I.
HUD guidance on verification of excluded income draws a distinction between income which is fully
excluded and income which is only partially excluded.
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For fully excluded income, the PHA is not required to follow the verification hierarchy,
documents on why third -party verification is not available, or report the income on the 50058. Fully
excluded income is defined as income that is entirely excluded from the annual income determination (for
example, food stamps, earned income of a minor, or foster care funds) [Notice PIH 2013-041.
PHAs may accept a family's signed application or reexamination form as self -certification of fully excluded
income. They do not require additional documentation. However, if there is any doubt that a source of
income qualifies for full exclusion, PHAs have the option of requiring additional verification.
For partially excluded income, the PHA is required to follow the verification hierarchy and all applicable
regulations, and to report the income on the 50058. Partially excluded income is defined as income where
only a certain portion of what is reported by the family qualifies to be excluded and the remainder is
included in annual income (for example, the income of an adult full-time student, or income excluded
under the earned income disallowance).
IRCHSD Policy
IRCHSD will accept the family's self -certification as verification of fully excluded income.
IRCHSD may request additional documentation if necessary to document the income source.
IRCHSD will verify the source and amount of partially excluded income as described in Part 1 of
this chapter.
7-111 1. ZERO ANNUAL INCOME STATUS
IRCHSD Policv
IRCHSD will check UIV sources and/or request information from third -party sources to verify that
certain forms of income such as unemployment benefits, TANF, SS, SSI, and earnings are not
being received by families claiming to have zero annual income. A Zero Income Worksheet will be
provided to the family to complete. These amounts entered on the worksheet will be counted as
income.
7 -III J. STUDENT FINANCIAL ASSISTANCE
Any financial assistance, in excess of amounts received for tuition, that a person attending an institution
of higher education receives under the Higher Education Act of 1965, from private sources, or from an
institution of higher education must be considered income unless the student is over the age of 23 with
dependent children or is residing with parents who are seeking or receiving HCV assistance [24 CFR
5.609(b)(9) and FR 4/10/06].
For students over the age of 23 with dependent children or students residing with parents who are
seeking or receiving HCV assistance, the full amount of student financial assistance is excluded from
annual income [24 CFR 5.609(c)(6)]. The full amount of student financial assistance is also excluded for
students attending schools that do not qualify as institutions of higher education (as defined in Exhibit
32). Excluded amounts are verified only if, without verification, IRCHSD would not be able to determine
whether or to what extent the income is to be excluded (see section 7-III.H).
IRCHSD Policy
For a student subject to having a portion of his/her student financial assistance included in annual
income in accordance with 24 CFR 5.609(b)(9), will request written third -party verification of both
the source and the amount. Family -provided documents from the educational institution attended
by the student will be requested, as well as documents generated by any other person or entity
providing such assistance, as reported by the student.
In addition, will request written verification of the student's tuition amount.
If staff is unable to obtain third -party written verification of the requested information, they will
pursue other forms of verification following the verification hierarchy in section 7-I.B.
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7 -III K. PARENTAL INCOME OF STUDENTS SUBJECT TO
ELIGIBILITY RESTRICTIONS
If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not
married, does not have a dependent child, and is not a person with disabilities receiving HCV
assistance as of November 30, 2005, the income of the student's parents must be considered when
determining income eligibility, unless the student is determined independent from their parents or a
vulnerable youth in accordance with PHA policy [24 CFR 5.612, FR Notice 4/10/06, p. 18146, and FR
Notice 9/21/16].
This provision does not apply to students residing with parents who are seeking or receiving HCV
assistance. It is limited to students who are seeking or receiving assistance on their own, separately from
their parents.
IRCHSD Policy
If IRCHSD is required to determine the income eligibility of a student's parents, IRCHSD will
request an income declaration and certification of income from the appropriate parent(s) (as
determined in section 3 -II. E). IRCHSD will send the request directly to the parents, who will be
required to certify their income under penalty of perjury. The parents will be required to submit the
information directly to IRCHSD. The required information must be submitted (postmarked) within
10 business days of the date of IRCHSD's request or within any extended timeframe approved by
IRCHSD.
IRCHSD reserves the right to request and review supporting documentation at any time if it
questions the declaration or certification. Supporting documentation may include, but is not
limited to, Internal Revenue Service (IRS) tax returns, consecutive and original pay stubs, bank
statements, pension benefit statements, benefit award letters, and other official and authentic
documents from a federal, state, or local agency.
Part IV: Verifying Mandatory Deductions
7 -IV A. DEPENDENT AND ELDERLY/DISABLED HOUSEHOLD DEDUCTIONS
The dependent and elderly/disabled family deductions require only that the PHA verify that the family
members identified as dependents or elderly/disabled persons meet the statutory definitions. No further
verifications are required.
Dependent Deduction
See Chapter 6 (6-II.13.) for a full discussion of this deduction. The PHA must verify that:
• Any person under the age of 18 for whom the dependent deduction is claimed is not
the head, spouse, or cohead of the family and is not a foster child
• Any person aged 18 or older for whom the dependent deduction is claimed is not a
foster adult or live-in aid, and is a person with a disability or a full-time student
Elderly/Disabled Family Deduction
See Eligibility chapter for a definition of elderly and disabled families and Chapter 6 (6-II.C.) for a
discussion of the deduction. The PHA must verify that the head, spouse, or cohead is 62 years of age or
older or a person with disabilities.
7 -IV B. MEDICAL EXPENSE DEDUCTION
Policies related to medical expenses are found in 6-II.D. The amount of the deduction will be verified
following the standard verification procedures described in Part I.
Amount of Expense
IRCHSD Policy
Families requesting an income deduction for medical expenses will be required to submit a
certification of expenses documenting the type and amount of the family's out-of-pocket portion of
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the expense. IRCHSD will consider eligible medical expenses paid by the household during the
twelve-month period prior to the Notice of Annual Review of Eligibility or application date. If the
household experiences an increase or decrease in medical expenses between eligibility reviews,
IRCHSD will not conduct an interim review. Items or services that have not yet been paid for, that
are covered by insurance, or that someone else paid for, are not eligible. Participants may
self -certify medical expenses if they total less than $5,000 per year. In all other cases, expenses
may be verified by one or more of the methods listed below:
• Verification of Medical Expenses form will be used and completed by the medical
provider to determine any upcoming 12 -month expenses, this is the preferred
form of documentation.
• Written verification by a doctor, hospital or clinic personnel, dentist, pharmacist,
of amounts paid by the household over the previous 12 months.
• Receipts, canceled checks, and printouts for office and prescription co -pays that
document the out-of-pocket medical cost incurred by the family for the 12 months
previous to the annual notification or application date may be accepted to project
annual medical expenses. IRCHSD may require that the family submit documentation
from the healthcare provider that states it is reasonable to assume the health issue is
ongoing and will require a similar course of treatment
• Written confirmation by the insurance company or employer of health
insurance premiums to be paid by the family; and
• Written confirmation from the Social Security Administration of Medicare premiums to be
paid by the family over the next 12 months. A computer print-out will be accepted.
IRCHSD may also use verification from HUD's Enterprise Income Verification system.
• Copies of payment agreements or most recent invoice to verify payments made on
outstanding medical bills that will continue over all or part of the next 12 months; and
• For any transportation -related expense claimed for a medical reason, IRCHSD will use
mileage at the IRS rate for the distance between the subsidized residence and the
facility for medical treatment based on provider statements of appointments/visits.
For attendant care:
A reliable, knowledgeable professional certification that the assistance of an attendant
is necessary as a medical expense and a projection of the number of hours the care is
needed for calculation purposes;
Attendants' written confirmation of hours of care provided and amount and frequency of
payments received from the family or agency (or copies of canceled checks the family
used to make those payments) or stubs from the agency providing the services;
In addition, IRCHSD must verify that:
• The household is eligible for the deduction.
• The costs to be deducted are qualified medical expenses.
• The expenses are not paid for or reimbursed by any other source.
• Costs incurred in past years are counted only once.
Eligible Household
The medical expense deduction is permitted only for households in which the head, spouse, or cohead is
at least 62, or a person with disabilities. The PHA must verify that the family meets the definition of an
elderly or disabled family provided in the Eligibility chapter and as described in Chapter 7 (7-IV.A.) of this
plan.
Qualified Expenses
To be eligible for the medical expenses deduction, the costs must qualify as medical expenses. See
Chapter 6 (6-II.D.) for the PHA's policy on what counts as a medical expense.
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Unreimbursed Expenses
To be eligible for the medical expenses' deduction, the costs must not be reimbursed by another source.
IRCHSD Policy
The family will be required to certify that the medical expenses are not paid or reimbursed to the
family from any source. If expenses are verified through a third party, the third party must certify
that the expenses are not paid or reimbursed from any other source.
Expenses Incurred in Past Years
IRCHSD Polia
When anticipated costs are related to on-going payment of medical bills incurred in past years,
IRCHSD will verify:
• The anticipated repayment schedule
• The amounts paid in the past, and
• Whether the amounts to be repaid have been deducted from the family's annual
income in past years
74V C. DISABILITY ASSISTANCE EXPENSES
Policies related to disability assistance expenses are found in 6-II.E. The amount of the deduction will
be verified following the standard verification procedures described in Part I.
Amount of Expense
Attendant Care
IRCHSD Poi is
IRCHSD will accept written third -party documents provided by the family.
If family -provided documents are not available, IRCHSD will provide a third -party verification
form directly to the care provider requesting the needed information.
Expenses for attendant care will be verified through:
• Attendant's written certification of amount received from the family, frequency of
receipt, and hours of care provided; and
• Certification of family and attendant and/or copies of canceled checks family used
to make payments.
Auxiliary Apparatus
IRCHSD Policy
Expenses for auxiliary apparatus will be verified through:
• Receipts for purchases or proof of monthly payments and maintenance expenses for
auxiliary apparatus; and
• In the case where the person with disabilities is employed, a statement from the employer
that the auxiliary apparatus is necessary for employment.
In addition, IRCHSD will require:
• Written certification from a reliable, knowledgeable professional that the person with
disabilities requires the services of an attendant and/or the use of auxiliary apparatus
to permit him/her to be employed or to function independently enough to enable
another family member to be employed; and
• Family's certification as to whether they receive reimbursement for any of the expenses
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Administrative Plan Indian River County Housing Services Division
of disability assistance and the amount of any reimbursement received.
In all cases where IRCHSD is counting disability assistance expenses as deductions for a family,
IRCHSD will adhere to IRS guidelines regarding permissible and non -permissible medical
expenses. Where the IRS guidelines are not sufficiently detailed, as in the case of some
expenses allowable for persons with a disability, IRCHSD staff may request a ruling from
IRCHSD's Legal Department as to whether the expenses are required to be considered under
applicable law and may also request verification from a medical professional that the medical
expenses are necessary and reasonable.
Family Member is a Person with Disabilities
To be eligible for the disability assistance expense deduction, the costs must be incurred for attendant
care or auxiliary apparatus expense associated with a person with disabilities. IRCHSD will verify that
the expense is incurred for a person with disabilities (See 7-II.F.).
Family Member(s) Permitted to Work
The PHA must verify that the expenses claimed actually enable a family member, or members, (including
the person with disabilities) to work.
IRCHSD Policy
IRCHSD will request third -party verification from a rehabilitation agency or knowledgeable
medical professional indicating that the person with disabilities requires attendant care or an
auxiliary apparatus to be employed, or that the attendant care or auxiliary apparatus enables
another family member, or members, to work (See 6-II.E.). This documentation may be
provided by the family.
If third -party verification has been attempted and is either unavailable or proves unsuccessful,
the family must certify that the disability assistance expense frees a family member, or members
(possibly including the family member receiving the assistance), to work.
Unreimbursed Expenses
To be eligible for the disability expenses deduction, the costs must not be reimbursed by another source.
IRCHSD Policy
The family will be required to certify that attendant care or auxiliary apparatus expenses are not
paid by or reimbursed to the family from any source.
74V D.CHILD CARE EXPENSES
Policies related to childcare expenses are found in Chapter 6 (6 -II. F). The amount of the deduction
will be verified following the standard verification procedures described in Part I of this chapter. In
addition, the PHA must verify that:
• The child is eligible for care (12 or younger).
• The costs claimed are not reimbursed.
• The costs enable a family member to work, actively seek work, or further their education.
• The costs are for an allowable type of childcare.
• The costs are reasonable.
Eligible Child
To be eligible for childcare deduction, the costs must be incurred for the care of a child under the age of
13. IRCHSD will verify that the child being cared for (including foster children) is under the age of 13 (See
7-I I.C.).
Unreimbursed Expense
To be eligible for the childcare deduction, the costs must not be reimbursed by another source.
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IRCHSD Policv
The family (and the care provider) will be required to certify that the childcare expenses are not
paid or reimbursed to the family from any source.
Pursuing an Eligible Activity
The PHA must verify that the family member(s) that the family has identified as being enabled to seek
work, pursue education, or be gainfully employed, are actually pursuing those activities.
IRCHSD Policy
Written verification from the person who receives the payments is required. If the child
care provider is an individual, they must provide a statement of the amount they are charging the
family for their services.
Verifications must specify the childcare provider's name, address, telephone number, Social
Security Number or business tax ID number, the names of the children cared for, the number of
hours the childcare occurs, the rate of pay, and the typical yearly amount paid, including school
and vacation periods.
The family's certification must address whether any of those payments have been, or will be, paid
or reimbursed by outside sources.
If the family's childcare expenses are subsidized, IRCHSD will accept verification of the co-
payment the family is responsible for as verification of childcare expenses.
Allowable Type of Child Care
The type of care to be provided is determined by the family, but must fall within certain guidelines, such as
discussed in Chapter 6.
IRCHSD Policy
IRCHSD will verify that the type of childcare selected by the family is allowable, as
described in Chapter 6 (6 -II. F).
IRCHSD will verify that the fees paid to the childcare provider cover only childcare costs (e.g.,
no housekeeping services or personal services) and are paid only for the care of an eligible
child (e.g., prorate costs if some of the care is provided for ineligible family members).
IRCHSD will verify that the childcare provider is not an assisted family member. Verification will
be made through the head of household's declaration of family members who are expected to
reside in the unit.
Reasonableness of Expenses
Only reasonable childcare costs can be deducted.
IRCHSD Policy
The actual costs the family incurs will be compared with IRCHSD's established standards
of reasonableness for the type of care in the locality to ensure that the costs are
reasonable.
If the family presents a justification for costs that exceed typical costs in the area, IRCHSD will
request additional documentation, as required, to support a determination that the higher cost is
appropriate.
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EXHIBIT 7-1: SUMMARY OF DOCUMENTATION REQUIREMENTS
FOR NONCITIZENS [HCV GB, pp. 5-9 and 5-101
•
All noncitizens claiming eligible status must sign a declaration of eligible immigrant status on a form
acceptable.
•
Except for persons 62 or older, all noncitizens must sign a verification consent form
•
Additional documents are required based upon theperson's status.
Elderly Noncitizens
•
A person 62 years of age or older who claims eligible immigration status also must provide proof of
age such as birth certificate, passport, or documents showing receipt of SS old -age benefits.
All
other Noncitizens
•
Noncitizens that claim eligible immigration status also must present the applicable USCIS document.
Acceptable USCIS documents are listed below.
•
Form 1-551 Alien Registration Receipt Card (for
Form 1-94 Arrival -Departure Record with no
permanent resident aliens)
annotation accompanied by:
•
Form 1-94 Arrival -Departure Record annotated
• A final court decision granting asylum (but
with one of the following:
only if no appeal is taken);
• "Admitted as a Refugee Pursuant to
a A letter from a USCIS asylum officer
Section 207"
granting asylum (if application is filed on or
• "Section 208" or "Asylum"
after 10/1 /90) or from a USCIS district
director granting asylum (application filed
• "Section 243(h)" or "Deportation stayed by
before 10/1/90);
Attorney General"
0 A court decision granting withholding of
• "Paroled Pursuant to Section 221 (d)(5) of
deportation; or
the USCIS"
• A letter from an asylum officer granting
withholding or deportation (if application
filed on or after 10/1/90).
•
Form 1-688 Temporary Resident Card
Form 1-688B Employment Authorization Card
annotated "Section 245K or Section 210".
annotated "Provision of Law 274a. 12(11)" or
"Provision of Law 274a.12".
•
A receipt issued by the USCIS indicating that an application for issuance of a replacement document
in one of the above listed categories has been made and the applicant's entitlement to the document
has been verified; or
•
Other acceptable evidence. If other documents are determined by the USCIS to constitute
acceptable evidence of eligible immigration status, they will be announced by notice published in the
Federal Register
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Chapter 8: National Standards for The Physical Inspection. ofReal
Estate and Rent Reasonableness Determinations
HUD requires that all units occupied by families receiving Housing Choice Voucher (HCV) and Project
Based Voucher (PBV) assistance meet HUD's National Standards for the Physical Inspection of Real
Estate (NSPIRE) regulations and standards. and permits IRCHSD to establish additional requirements.
The use of the term NSPIRE in this plan refers to the combination of both HUD and the PHA established
requirements. However, state and local code compliance is not a part of the determination of whether a
unit passes the NSPIRE standards.
All units must pass an NSPIRE inspection prior to the approval of a lease (with some exceptions) and at
least once every 26 months during the term of the HAP contract, and at other times as needed, to
determine that the unit meets NSPIRE. HUD also requires the PHA to determine that rents for units under
the program are reasonable when compared to comparable unassisted units in the market area.
This chapter explains HUD and PHA requirements related to physical inspections and rent
reasonableness as follows:
Part I. Physical Standards. This part discusses NSPIRE standards required of units occupied by
HCV and PBV -assisted families. It also identifies affirmative habitability requirements for all units
and life-threatening conditions that must be corrected in 24 hours. .
Part II. The Inspection Process. This part describes the types of inspections the PHA will make
and the steps that will be taken when units do not meet NSPIRE standards..
Part III. Rent Reasonableness Determinations. This part discusses the policies the PHA will
use to make rent reasonableness determinations.
Special NSPIRE requirements for homeownership, manufactured homes, and other special housing types
are discussed in Chapter 15 to the extent that they apply in this jurisdiction. Special requirements for the
PBV and RAD PBV programs (if applicable) are discussed in Chapters 17 and 18, respectively.
Part 1: Physical Standards
8-1 A. INSPECTABLE AREAS [24 CFR 5.703(A)(1) AND 24 CFR 5.705(A)(2)]
NSPIRE defines the inspectable areas for inspection under the standards as inside, outside and unit.
However, the inspection requirement for the HCV and PBV programs only applies to units occupied or to
be occupied by HCV or PBV participants and common areas and exterior areas which either service or
are associated with such units.
HUD Performance and Acceptability Standards
HUD's performance and acceptability standards for HCV -assisted housing are provided in 24 CFR 5.705.
These standards cover the unit, inside, and outside in the following areas:
• Address and Signage
• Bathtub and Shower
• Cabinet and Storage
• Call -for -Aid
• Carbon Monoxide Alarm
• Ceiling
• Chimney
• Clothes Dryer Exhaust Ventilation
• Cooking Appliance
• Door -Entry
pg. 140
426
Administrative Plan Indlan River County Houilk Asivicas Division
• Door -General
• Door -Fire Labeled
• Drain
• Egress
• Electrical -Conductor, Outlet, and Switch
• Electrical-GFCI or AFCI — Outlet or Breaker
• Electrical — Service Panel
• Elevator
• Exit Sign
• Fence and Gate
• Fire Escape
• Fire Extinguisher
• Flammable and Combustible Item
• Floor
• Food Preparation Area
• Foundation
• Garage Door
• Grab Bar
• Guardrail
• Handrail
• Heating, Ventilation, and Air Conditioning (HVAC)
• Infestation
• Leak — Gas or Oil
• Leak — Sewage System
• Leak — Water
• Lighting — Auxiliary
• Lighting — Exterior
• Lighting — Interior
• Litter
• Minimum Electrical and Lighting
• Mold -Like Substance
• Parking Lot
• Potential Lead -Based Paint Hazards — Visual Assessment
• Private Roads and Driveways
• Refrigerator
• Retaining Wall
• Roof Assembly
• Sharp Edges
• Sidewalk, Walkway, and Ramp
• Sink
• Site Drainage
• Smoke Alarm
• Sprinkler Assembly
• Steps and Stairs
• Structural System
• Toilet
• Trash Chute
• Trip Hazard
• Ventilation
• Wall — Exterior
• Wall — Interior
• Water Heater
pg. 141
427
Administrative Plan IndiarR RIvorCounty Housing services Division
Window A summary of HUD performance criteria is provided in Exhibit 8-1. Additional guidance on these
requirements is found in the following HUD resources:
• Housing Choice Voucher Guidebook, Chapter 10.
• HUD Housing Inspection Manual for Section 8 Housing
• NSPIRE HCV/PBV Inspection Checklist HUD Notice 2003-31, Accessibility Notice: Section 504 of
the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Architectural
Barriers Act of 1968 and the Fair Housing Act of 1988.
Tenant Preference Items
HUD requires the PHA to enforce minimum HQS but also recognizes that certain judgments about the
acceptability of the unit are left to the family. For example, the PHA must ensure that the unit contains the
required sanitary facilities, but the family decides whether the cosmetic appearance of the facilities is
acceptable. Exhibit 8-2 summarizes those items that are considered tenant preferences.
Modifications to Provide Accessibility
Under the Fair Housing Act of 1988 an owner must not refuse the request of a family that contains a
person with a disability to make necessary and reasonable modifications to the unit. Such modifications are
at the family's expense. The owner may require restoration of the unit to its original condition if the
modification would interfere with the owner or next occupant's full enjoyment of the premises. The owner
may not increase the customarily required security deposit. However, the landlord may negotiate a
restoration agreement that requires the family to restore the unit and, if necessary to ensure the likelihood
of restoration, may require the tenant to pay a reasonable amount into an interest-bearing escrow account
over a reasonable period of time. The interest in any such account accrues to the benefit of the tenant. The
owner may also require reasonable assurances that the quality of the work will be acceptable and that any
required building permits will be obtained. [24 CFR 100.203; Notice 2003-311.
Modifications to units to provide access for a person with a disability must meet all applicable HQS
requirements and conform to the design, construction, or alteration of facilities contained in the UFAS and
the ADA Accessibility Guidelines (ADAAG) [28 CFR 35.151(c) and Notice 2003-311 See Chapter 2 of this
plan for additional information on reasonable accommodations for persons with disabilities.
IRCHSD Policy
Any owner that intends to negotiate a restoration agreement or require an escrow account must
submit the agreement(s) to IRCHSD for review.
8-1 B. ADDITIONAL LOCAL REQUIREMENTS
The PHA may impose variations to the HQS as long as the additional criteria are not likely to adversely
affect the health or safety of participant families or severely restrict housing choices for families.
8-1 C. LIFE-THREATENING CONDITIONS [24 CFR 5.705; FR NOTICE 1/18/17]
If a deficiency is life-threatening, the owner must correct the deficiency withing 24 hours of
notification. In the case of an HQS deficiency that the PHA determines is caused by the tenant, any
member of the household, or any guest or other person under the tenant's control, other than any
damage resulting from ordinary use, the PHA may waive the owner's responsibility to remedy the
violation. The HAP to the owner may not be withheld or abated if the owner responsibility has
been waived. However, the PHA may terminate assistance to a family because of an HWS breach
beyond damage resulting from ordinary use caused by any member of the household or any guest
or other person under the tenant's control.
The following area include deficiencies that are considered Life -Threatening Conditions under the
Housing Opportunity Through Modernization Act of 2016 (HOTMA)
pg. 142
428
• Call -for -Aid System
• Carbon Monoxide Alarm
• Chimney
• Clothes Dryer Exhaust Ventilation
• Door - Entry
• Door - Fire Labeled
• Egress
• Electrical - Conductor, Outlet, and Switch
• Electrical - Service Panel
• Exit Sign
• Fire Escape
• Fire Extinguisher
• Flammable and Combustible Items
• Guardrail
• Heating, Ventilation, and Air Conditions (HVAC)
• Leak - Gas or Oil
• Mold -like Substance
• Smoke Alarm
• Sprinkler Assembly
• Structural System
• Toilet
• Water Heater
IRCHSD Policy
The following are considered emergency life-threatening conditions and must be corrected within
24 hours of notification by IRCHSD:
• Lack of hot or cold water, heat or electricity
• A condition that is imminently hazardous to life
• The only toilet in the unit does not allow for full function and use
• Refrigerator, range or oven, or a major plumbing fixture supplied by the landlord does
not work
In those cases where there is leaking gas or potential of fire or other threat to public safety, and
the responsible party cannot be notified or it is impossible to make the repair, proper authorities
will be notified by IRCHSD.
If an owner fails to correct life-threatening conditions as required, IRCHSD will enforce the
HQS in accordance with HUD requirements. See 8 -II -G.
If a family fails to correct a family -caused life-threatening condition as required by the IRCHSD,
the housing services division will enforce the family obligations. See 8-II.H.
In severe situations where units are rendered uninhabitable, the unit may not be re -inspected
prior to referral for abatement
8-1 D. OWNER AND FAMILY RESPONSIBILITIES [24 CFR 982.4041
Family Responsibilities
The family is responsible for correcting the following HQS deficiencies:
Administrative Plan Indian River County Housing services Division
• Tenant -paid utilities not in service
• Failure to provide or maintain appliances owned by the family
• Damage to the unit or premises caused by a household member or guest beyond normal wear
and tear those results in a breach of the HQS. "Normal wear and tear" is defined as items which
could not be charged against the tenant's security deposit under state law or court practice.
Owner Responsibilities
The owner is responsible for all HQS violations not listed as a family responsibility above, even if the
violation is caused by the family's living habits (e.g., vermin infestation). However, if the family's actions
constitute a serious or repeated lease violation the owner may take legal action to evict the family.
8-1 E. SPECIAL REQUIREMENTS FOR CHILDREN WITH ELEVATED BLOOD
LEAD LEVEL [24 CFR 35.1225; FR NOTICE 1/13/17; NOTICE PIH 2017-131
If a PHA is notified by a public health department or other medical health care provider, or verifies
information from a source other than a public health department or medical health care provider, that a
child of less than six years of age, living in an HCV -assisted unit has been identified as having an
elevated blood lead level, the PHA must complete an environmental investigation of the dwelling unit
within 15 calendar days after being notified by a public health department or other medical health care
provider. The environmental investigation must be completed in accordance with program requirements,
and the result of the environmental investigation must be immediately provided to the owner of the
dwelling unit. In cases where the public health department has already completed an evaluation of the
unit, this information must be provided to the owner.
Within 30 days after receiving the environmental investigation report from the PHA, or the evaluation from
the public health department, the owner is required to complete the reduction of identified lead-based
paint hazards in accordance with the lead-based paint regulations [24 CFR 35.1325 and 35.1330]. If the
owner does not complete the "hazard reduction" as required, the dwelling unit is in violation of HQS and
the PHA will take action in accordance with Section 811.G.
IRCHSD reporting requirements, and data collection and record keeping responsibilities related to
children with an elevated blood lead level are discussed in Chapter 16.
8-1 F.VIOLATION OF HQS SPACE STANDARDS [24 CFR 5.705]
A dwelling unit must:
• Provide adequate space and security for the family
• Have at least one bedroom or habitable room for each two persons
A unit that does not meet these HQS space standards is defined as overcrowded.
No more than two persons may occupy a habitable room [HCV GB p. 10-61. There must be two (2)
working outlets present within each habitable room OR at least one (1) working outlet and one (1)
permanently installed light fixture. A bathroom or kitchen are not considered habitable rooms. If the
PHA determines that a unit is overcrowded because of an increase in family size or a change in family
composition, the PHA must issue the family a new voucher, and the family and the PHA must try to find
an acceptable unit as soon as possible. If an acceptable unit is available for rental by the family, the
PHA must terminate the HAP contract in accordance with its terms.
IRCHSD Policy
IRCHSD shall make a determination as to the number of rooms which are acceptable
sleeping rooms, for the purpose of deciding maximum occupancy level according to HQS. The
determination will be made on a case-by-case basis, based on HQS standards, the design of
the structure, family composition and safety of egress.
pg. 144
430
Administrative Plan Indian River County Housing ssrvlc®S Divlallon
Notice of Termination for HQS Space Standard
When IRCHSD terminates the HAP Contract because of a violation of HQS occupancy
standards, IRCHSD will provide the owner and family written notice of termination of the
contract. The HAP contract terminates at the end of the calendar month that follows the
calendar month in which IRCHSD gives such notice to the owner.
8-1 G. ACCESSORY DWELLING UNITS
IRCHSD Polioy
This does not apply to this jurisdiction.
Part 11: The Inspection Process
8-11 A. OVERVIEW [24 CFR 982.4051
Types of Inspections
The PHA conducts the following types of inspections as needed. Each type of inspection is discussed in
the paragraphs that follow.
• Initial Inspections; conducted in response to a request from the family to approve a unit for
participation in the PHA Program.
• Annual/Biennial Inspection: HUD requires the PHA to inspect each unit under lease at least
biennially (every other year) to confirm that the unit meets HQS. The PHA reserves the right
to place units on an annual or biennial inspection schedule, as deemed appropriate.
• Special (Complaint) Inspections: At request of owner, family, or third -party if the PHA determines
an inspection is warranted.
• Quality Control Inspections: HUD requires that a sample of units be inspected by a supervisor
or other qualified individual to evaluate the work of the inspector(s) and to ensure that
inspections are performed in compliance with the HQS.
Inspection of PHA -Owned Units [24 CFR 982.352(b)1
IRCHSD Policy
This does not apply to this jurisdiction.
Inspection Costs [Notice PIH 2016-051
The PHA may not charge the family for unit inspections or reinspection [24 CFR 982.405(e)].
The PHA may not charge the owner for the inspection of the unit prior to the initial term of the lease or for
a first inspection during assisted occupancy of the unit. However, the PHA may charge a reasonable fee
to owners for reinspection in two situations: 1. When the owner notifies the PHA that a repair has been
made but the deficiency has not been corrected, and, 2. When the time for repairs has elapsed and the
deficiency has not been corrected. Fees may not be imposed for tenant -caused damages, for cases
which the inspector could not gain access to the unit, or for new deficiencies discovered during a
reinspection.
The owner may not pass the cost of a reinspection fee to the family. Reinspection fees must be
added to the PHA's administrative fee reserves and may only be used for activities related to the
provision of tenant -based assistance.
IRCHSD Policy
Will not charge a fee for failed reinspection.
Notice and Scheduling
The family must allow the PHA to inspect the unit at reasonable times with reasonable notice [24 CFR
982.551(d)].
pg. 145
431
Administrative Plan Indian River County Housing services Division
IRCHSD Policy
Both the family and the owner will be given reasonable notice of all inspections. Except in the case
of a life-threatening emergency, reasonable notice is considered to be not less than 48 hours.
Inspections may be scheduled between 8:00 a.m. and 2:00 p.m. Generally, inspections will be
conducted on business days only. In the case of a life-threatening emergency, IRCHSD will give
as much notice as possible, given the nature of the emergency. An excess of personal items that
restricts the ability to fully inspect a unit or failure to allow access to a unit may result in termination
from the program.
Owner and Family Inspection Attendance
HUD permits the PHA to set policy regarding family and owner presence at the time of inspection [HCV
GB p. 10-27].
IRCHSD Policy
When a family occupies the unit at the time of inspection an adult family member or their
representative must be present for the inspection. The presence of the owner or the owner's
representative is encouraged but is not required.
At initial inspection of a vacant unit, IRCHSD will inspect the unit in the presence of the owner or
owner's representative, unless otherwise arranged with the housing provider. The presence of a
family representative is permitted but is not required.
8-11 B. INITIAL HQS INSPECTION [24 CFR 982.401(A)1
Initial Inspections [FR Notice 1/18/17]
The PHA may, but is not required to, approve assisted tenancy and start HAP if the unit fails HQS
inspection, but only if the deficiencies identified are non -life-threatening. Further, the PHA may, but is not
required to, authorize occupancy if a unit passed an alternative inspection in the last 24 months.
IRCHSD Policy
The unit must pass the HQS inspection on or before the effective date of the HAP contract.
Will not rely on alternative inspections and will conduct an HQS inspection for each unit prior to
executing a HAP contract with the owner.
Timing of Initial Inspections
HUD requires PHAs with fewer than 1,250 budgeted units to complete the initial inspection, determine
whether the unit satisfies HQS, and notify the owner and the family of the determination within 15 days of
submission of the Request for Tenancy Approval (RTA). For PHAs with 1,250 or more budgeted units, to
the extent practicable such inspection and determination must be completed within 15 days. The 15 -day
period is suspended for any period during which the unit is not available for inspection [982.305(b)(2)
IRCHSD Police
IRCHSD will complete the initial inspection, determine whether the unit satisfies HQS, and notify
the owner and the family of the determination within 15 days of submission of the RTA provided
the following conditions are met:
• IRCHSD has received the completed RTA
• Owner verification screening is complete; and
• The owner notifies IRCHSD the property is available and ready for inspection.
• The unit must be vacant at the time of the initial inspection. However, exceptions may
be approved on a case-by-case basis.
• Swimming pools are not allowed on any single family dwelling unit.
pg. 146
432
Administrative Plan Indian River County Housing services Division
HQS Pre -Inspections
To expedite the leasing process, PHAs may pre -inspect available units that HCV families may be
interested in leasing in order to maintain a pool of eligible units.
IRCHSD Policy
To expedite the leasing process, IRCHSD may pre -inspect available units that HCV families
may be interested in leasing to maintain a pool of eligible units. If an HCV family selects a unit
that passed a HQS pre -inspection (without intervening occupancy) within 90 days of the date of
the Request for Tenancy Approval, the unit may be approved provided that it meets all other
conditions under 24 CFR 982.305.
Inspection Results and Reinspection
Utilities
IRCHSD Policy
If any HQS violations are identified, the owner will be notified of the deficiencies and be given a
time frame to correct them. If requested by the owner, the time frame for correcting the
deficiencies may be extended for good cause. IRCHSD will reinspect the unit within 5 business
days of the date the owner notifies the PHA that the required corrections have been made. If
applicable, the PHA may accept an owner's certification that required repairs were made and then
verify that action at the next on-site inspection. Further, housing inspector may tie the verification
process to the severity of corrections to be made and/or its experience with the owner and
property. In either scenario, a deficiency form will be completed by the owner certifying that the
repairs have been completed.
If the time period for correcting the deficiencies (or any approved extension) has elapsed, or the
unit fails HQS at the time of the reinspection, PHA will notify the owner and the family that the unit
has been rejected and that the family must search for another unit. Housing Inspector may agree
to conduct a second reinspection, for good cause, at the request of the family and owner.
Following a failed reinspection, the family may submit a new Request for Tenancy Approval after
the owner has made repairs, if they are unable to locate another suitable unit.
IRCHSD Policy
If utility service is not available for testing at the time of the initial inspection, it will allow the utilities
to be placed in service after the unit has met all other HQS requirements. Will reinspect the unit to
confirm that utilities are operational before the HAP contract is executed.
Appliances [Form HUD -52580]
IRCHSD Policy
If the family is responsible for supplying the stove and/or refrigerator, IRCHSD will allow the stove
and refrigerator to be placed in the unit after the unit has met all other HQS requirements.
The required appliances must be in place before the HAP contract is executed by IRCHSD.
IRCHSD will execute the HAP contract based upon a certification from the family that the
appliances have been installed and are working. A confirmatory inspection will be scheduled
within 10 days of HAP contract approval.
8 -II C. ANNUAL/BIENNIAL HQS INSPECTIONS [24 CFR 982.405 AND 982.406;
NOTICE PIH 2016-051
IRCHSD Policy
IRCHSD conducts an inspection to determine continuing compliance with Housing Quality
Standards within 12 months of the last inspection.
pg. 147
433
Administrative Plan Indian River County Housing services Division
IRCHSD reserves the right to place units on a bi-annual inspection or another alternative
schedule if deemed appropriate.
Scheduling the Inspection
The family must allow IRCHSD to inspect the unit at reasonable times with reasonable notice.
Reasonable hours to conduct an inspection are between 8 a.m. and 2:00 p.m.
If an adult family member is unable to be present the family may have a representative over age
18 present for an inspection.
If the family misses the first scheduled appointment without requesting a new inspection date,
IRCHSD will automatically schedule a second inspection. If the family misses two scheduled
inspections without IRCHSD approval, IRCHSD will consider the family to have violated its
obligation to make the unit available for inspection. This may result in termination of the family's
assistance in accordance with Chapter 12.
8 -II D. SPECIAL INSPECTIONS f24 CFR 982.405(G)]
If a participant or government official reports a life-threatening condition which the owner would be
required to repair within 24 hours, the PHA must inspect the unit within 24 hours of notification. If the
reported condition is not life-threatening, the PHA must inspect the unit within 15 days of notification.
IRCHSD Policy
Reports must be made to IRCHSD in writing. IRCHSD will only conduct an inspection for items
that fall under HQS.
IRCHSD will inspect only the items which were reported, but if the inspector notices
additional deficiencies that would cause the unit to fail HQS, the owner will be required to
make the necessary repairs.
If the annual inspection date is within 90 days of a special inspection, and as long as all items are
inspected that are included in an annual inspection, the special inspection will be categorized
as annual, and all annual procedures will be followed.
8 -II E. QUALITY CONTROL INSPECTIONS (24 CFR 982.405(B); HCV GB, P. 10321
IRCHSD Policy
IRCHSD conducts quality control inspections on a sample of units under contract to maintain
IRCHSD's required standards and to ensure consistency in enforcing HQS standards. The purpose
of quality control inspections is to ascertain that each inspector is conducting accurate and complete
inspections, and to ensure that there is consistency among inspectors in application of the HQS.
The unit sample must include only units that have been inspected within the preceding 3 months. The
selected sample will include (1) each type of inspection (initial, annual, and special), (2) inspections
completed by each inspector, and (3) units from a cross-section of neighborhoods.
8 -II F. INSPECTION RESULTS AND REINSPECTION FOR UNITS
UNDER HAP CONTRACT
Notification of Corrective Actions
The owner and the family will be notified in writing of the results of failed inspections. When an inspection
identifies HQS failures, the PHA will determine (1) whether or not the failure is a life-threatening condition
and (2) whether the family or owner is responsible.
pg. 148
434
Administrative Plan Indian River County Housing services Division
IRCHSD Pali
The notice of inspection results will inform the owner that if life-threatening conditions are not
corrected within 24 hours and non -life-threatening conditions are not corrected within the
specified time frame the owner's HAP will be abated in accordance with PHA policy (see 811.G.).
Likewise, in the case of family caused deficiencies the notice will inform the family that if
corrections are not made within the specified time frame the family's assistance will be terminated
in accordance with PHA policy (see Chapter 12).
Extensions
For conditions that are life-threatening, the PHA cannot grant an extension to the 24 corrective action
period. For conditions that are not life-threatening, the PHA may grant an exception
to the required time frames for correcting the violation, if the PHA determines that an extension is
appropriate [24 CFR 982.404].
IRCHSD Policy
The request for an extension must be made in writing, and the length of the extension will be
determined on a case-by-case basis.
Extensions will be granted in cases where the PHA has determined that the owner has made a
good faith effort to correct the deficiencies and is unable to for reasons beyond the owner's
control.
Reasons may include, but are not limited to:
• A repair cannot be completed because required parts or services are not available.
• A repair cannot be completed because of weather conditions.
• A reasonable accommodation is needed because the family includes a person' with
disabilities.
The length of the extension will be determined on a case-by-case basis, but will not exceed 60
days, except in the case of delays caused by weather conditions. The first 30 -day extension
may be approved by the inspector. The other 30 days must receive management approval. In
the case of weather conditions, extensions may be continued until the weather has improved
sufficiently to make repairs possible. The necessary repairs must be made within 15 calendar
days, once the weather conditions have subsided.
Reinspections
IRCHSD Policy
IRCHSD will conduct a reinspection immediately following the end of the corrective period, or any
IRCHSD approved extension.
The family and owner will be given reasonable notice of the reinspection appointment. If the
deficiencies have not been corrected by the time of the reinspection, IRCHSD will send a notice
of abatement to the owner, or in the case of family caused violations, a notice of termination to
the family, in accordance with IRCHSD policies. If IRCHSD is unable to gain entry to the unit in
order to conduct the scheduled reinspection, IRCHSD will consider the family to have violated its
obligation to make the unit available for inspection. This may result in termination of the family's
assistance in accordance with Chapter 12.
8-11 G. ENFORCING OWNER COMPLIANCE
If the owner fails to maintain the dwelling unit in accordance with HQS, the PHA must take prompt and
vigorous action to enforce the owner obligations.
pg. 149
435
HAP Abatement
If an owner fails to correct HQS deficiencies by the time specified by the PHA, HUD requires the PHA to
abate housing assistance payments no later than the first of the month following the specified correction
period (including any approved extension) [24 CFR 985.3(f)]. No retroactive payments will be made to the
owner for the period of time the rent was abated. Owner rents are not abated as a result of HQS failures
that are the family's responsibility.
IRCHSD Policy
If IRCHSD determines that a unit fails to meet HQS and the owner has failed to make the
necessary repairs within the time period specified by IRCHSD, payments to the owner will abate
(stop). IRCHSD will make no retroactive payments to the owner for the period of time the rent was
abated. Owner rents are not abated as a result of HQS failures that are the family's responsibility.
PHA will inspect abated units within 5 business days of the owner's notification that the work has
been completed. Payment will resume effective on the day the unit passes inspection.
During any abatement period the family continues to be responsible for its share of the rent. The owner
must not seek payment from the family for abated amounts and may not use the abatement as cause for
eviction.
HAP Contract Termination
The PHA must decide how long any abatement period will continue before the HAP contract will be
terminated. IRCHSD should not terminate the contract until the family finds another unit, provided the
family does so in a reasonable time [HCV GB p. 10-29] and must give the owner reasonable notice of
the termination. IRCHSD will issue a voucher to permit the family to move to another unit as described
in Chapter 10.
IRCHSD Policy
The maximum length of time that HAP may be abated is 90 days. However, if the owner
completes corrections and notifies the IRCHSD before the termination date of the HAP contract,
they may rescind the termination notice if (1) the family still resides in the unit and wishes to
remain in the unit and (2) the unit passes inspection.
Reasonable notice of HAP contract termination is 30 days.
8 -II H. ENFORCING FAMILY COMPLIANCE WITH HQS [24 CFR 982.404(B)1
Families are responsible for correcting any HQS violations listed in paragraph 8.I.D. If the family fails to
correct a violation within the period allowed by the PHA (and any extensions), the PHA will terminate the
family's assistance, according to the policies described in Chapter 12.
If the owner carries out a repair for which the family is responsible under the lease, the owner may bill the
family for the cost of the repair.
Part III: Rent Reasonableness [24 CFR 982.5071
8 -III A. OVERVIEW
HUD regulations define a reasonable rent as one that does not exceed the rent charged for comparable,
unassisted units in the same market area. HUD also requires that owners not charge more for assisted
units than for comparable units on the premises. This part explains the method used to determine
whether a unit's rent is reasonable
IRCHSD will determine rent reasonableness in accordance with 24 CFR 982.507. It is IRCHSD 's
responsibility to ensure that the rents charged by owners are reasonable based upon unassisted
comparable units in the rental market, using the criteria specified in 24 CFR 982.507(b).
pg. 150
436
Administrative Plan Indian River County Housing services Division
IRCHSD may eliminate Rent Reasonable determinations for units that are rent -restricted or
limited through affordability agreements or similar arrangements. In addition, IRCHSD may
choose to reduce or streamline the requirements for Rent Reasonable determinations for units
that are subject to affordability agreements or similar arrangements.
8 -III B. WHEN RENT REASONABLENESS DETERMINATIONS ARE REQUIRED
Owner -Initiated Rent Determinations
The PHA must make a rent reasonableness determination at initial occupancy and whenever the owner
requests a rent adjustment.
The owner and family first negotiate the rent for a unit. The PHA will assist the family with the negotiations
upon request. At initial occupancy the PHA must determine whether the proposed rent is reasonable
before a HAP Contract is signed. The owner must not change the rent during the initial lease term.
Subsequent requests for rent adjustments must be consistent with the lease between the owner and the
family. Rent increases will not be approved unless any failed items identified by the most recent HQS
inspection have been corrected.
IRCHSD Policy
After the initial occupancy period, the owner may request a rent adjustment in accordance with
the owner's lease. For rent increase requests after initial lease -up, IRCHSD may request
owners to provide information about the rents charged for other units on the premises, if the
premises include more than 4 units. In evaluating the proposed rents in comparison to other
units on the premises IRCHSD will consider unit size and length of tenancy in the other units.
IRCHSD will acknowledge receipt of the requested increase within 10 days and determine
whether the requested increase is reasonable. The owner will be notified of the determination in
writing.
All rent adjustments will be effective at the first of the month following 60 days after IRCHSD's
receipt of the owner's request or on the date specified by the owner, whichever is later.
PHA- and HUD -Initiated Rent Reasonableness Determinations
HUD requires the PHA to make a determination of rent reasonableness (even if the owner has not
requested a change) if there is a 10 percent decrease in the fair market rent that goes into effect at least
60 days before the contract anniversary date. HUD also may direct the PHA to make a determination at
any other time. The PHA may decide that a new determination of rent reasonableness is needed at any
time.
IRCHSD Policy
In addition to the instances described above, IRCHSD will make a determination of rent
reasonableness at any time after the initial occupancy period if: (1) IRCHSD determines that the
initial rent reasonableness determination was in error or (2) IRCHSD determines that the
information provided by the owner about the unit or other units on the same premises was
incorrect.
LIHTC- and HOME -Assisted Units [24 CFR 982.507(c)1
For units receiving low-income housing tax credits (LIHTCs) or units assisted under HUD's HOME
Investment Partnerships (HOME) Program, a rent comparison with unassisted units is not required if the
voucher rent does not exceed the rent for other LIHTC- or HOME -assisted units in the project that are not
occupied by families with tenant -based assistance.
For LIHTCs, if the rent requested by the owner does exceed the LIHTC rents for non -voucher families, the
PHA must perform a rent comparability study in accordance with program regulations. In such cases, the
rent shall not exceed the lesser of: (1) the reasonable rent as determined from the rent comparability study;
or (2) the payment standard established by the PHA for the unit size involved.
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Administrative Plan Indian Woe County Housing services Division
8 -III C. HOW COMPARABILITY IS ESTABLISHED
Factors to Consider
HUD requires PHAs to take into consideration the factors listed below when determining rent
comparability. The PHA may use these factors to make upward or downward adjustments to the rents of
comparison units when the units are not identical to the HCV -assisted unit.
• Location and age
• Unit size including the number of rooms and square footage of rooms
• The type of unit including construction type (e.g., single family, duplex, garden, low-rise,
high-rise)
• The quality of the units including the quality of the original construction, maintenance
and improvements made
• Amenities, services, and utilities included in the rent
Units that Must Not Be Used as Comparable
Comparable units must represent unrestricted market rents. Therefore, units that receive some form of
federal, state, or local assistance that imposes rent restrictions cannot be considered comparable units.
These include units assisted by HUD through any of the following programs: Section 8 project -based
assistance, Section 236 and Section 221(d)(3) Below Market Interest Rate (BMIR) projects, HOME or
Community Development Block Grant (CDBG) program -assisted units in which the rents are subsidized;
units subsidized through federal, state, or local tax credits; units subsidized by the Department of Agriculture
rural housing programs, and units that are rent -controlled by local ordinance.
Note: Notice PIH 2011-46, issued August 17, 2011, provides further guidance on the issue of what
constitutes an assisted unit.
Rents Charged for Other Units on the Premises
The Request for Tenancy Approval (HUD -52517) requires owners to provide information, on the form
itself, about the rent charged for other unassisted comparable units on the premises if the premises
include more than 4 units.
By accepting the PHA payment each month the owner certifies that the rent is not more than the rent
charged for comparable unassisted units on the premises. If asked to do so, the owner must give the PHA
information regarding rents charged for other units on the premises.
8 -III D. IRCHSD RENT REASONABLENESS METHODOLOGY
How Market Data Is Collected
IRCHSD Policy
IRCHSD will collect and maintain data on market rents in IRCHSD 's jurisdiction. Information
sources include newspapers, realtors, market surveys, inquiries of owners and other available
sources. The data will be maintained by bedroom size and market areas. Market areas may be
defined by zip codes, census tract, neighborhood, and identifiable natural or man-made
boundaries. The data will be updated on an ongoing basis and rent information that is more than
12 months old will be eliminated from the database.
How Rents Are Determined
IRCHSD Policy
The rent for a unit offered for HCV assistance will be compared to the rent charged for
comparable units in the same market area. IRCHSD will develop a range of prices for comparable
units by bedroom size within defined market areas. Units proposed for HCV assistance will be
compared to the units within this rent range. Because units may be similar, but not exactly like the
pg. 152
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Administrative Plan Indian River County Housing services Division
unit proposed for HCV assistance, IRCHSD may make adjustments to the range of prices to
account for these differences.
The adjustment must reflect the local market. Not all differences in units require adjustments
(e.g., the presence or absence of a garbage disposal may not affect the rent in some market
areas).
Adjustments may vary by unit type (e.g., a second bathroom may be more valuable in a three-
bedroom unit than in a two-bedroom).
The adjustment must reflect the rental value of the difference—not its construction costs (e.g., it
might cost $20,000 to put on a new roof, but the new roof might not make any difference in what
a tenant would be willing to pay because rental units are presumed to have functioning roofs).
When a comparable project offers rent concessions (e.g., first month rent-free, or reduced rent)
reported monthly rents will be adjusted accordingly. For example, if a comparable project reports
rents of $500/month but new tenants receive the first month's rent free, the actual rent for the unit
would be calculated as follows: $500 x 11 months = 5500/12 months = actual monthly rent of
$488.
IRCHSD will notify the owner of the rent IRCHSD can approve based upon its analysis of rents
for comparable units. The owner may submit information about other comparable units in the
market area. IRCHSD will confirm the accuracy of the information provided and consider this
additional information when making rent determinations. The owner must submit any additional
information within 5 business days of the IRCHSD's request for information or the owner's
request to submit information.
pg. 153
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EXHIBIT 8-1: OVERVIEW OF HUD HOUSING QUALITY STANDARDS
Note: This document provides an overview of HQS. For more detailed information see the following
documents:
• 24 CFR 982.401, Housing Quality Standards (HQS)
• Housing Choice Voucher Guidebook, Chapter 10.
• HUD Housing Inspection Manual for Section 8 Housing
• HUD Inspection Form, form HUD -52580 (3/01) and Inspection Checklist, form HUD -52580-
A (9/00)
Sanitary Facilities
The dwelling unit must include sanitary facilities within the unit. The sanitary facilities must be usable in
privacy and must be in proper operating condition and adequate for personal cleanliness and disposal of
human waste.
Food Preparation and Refuse Disposal
The dwelling unit must have space and equipment suitable for the family to store, prepare, and serve food
in a sanitary manner.
Space and Security
The dwelling unit must provide adequate space and security for the family. This includes having at least
one bedroom or habitable room for each two persons.
Thermal Environment
The unit must have a safe system for heating the dwelling unit. Air conditioning is not required but if
provided must be in proper operating condition. The dwelling unit must not contain unvented room
heaters that burn gas, oil, or kerosene. Portable electric room heaters or kitchen stoves with built-in
heating units are not acceptable as a primary source of heat for units located in climatic areas where
permanent heat systems are required.
Illumination and Electricity
Each room must have adequate natural or artificial illumination to permit normal indoor activities and to
support the health and safety of occupants. The dwelling unit must have sufficient electrical sources so
occupants can use essential electrical appliances. Minimum standards are set for different types of
rooms. Once the minimum standards are met, the number, type and location of electrical sources are a
matter of tenant preference.
Structure and Materials
The dwelling unit must be structurally sound. Handrails are required when four or more steps (risers) are
present, and protective railings are required when porches, balconies, and stoops are thirty inches or
more off the ground. The elevator servicing the unit must be working [if there is one]. Manufactured
homes must have proper tie -down devices capable of surviving wind loads common to the area.
Interior Air Quality
The dwelling unit must be free of air pollutant levels that threaten the occupants' health. There must be
adequate air circulation in the dwelling unit. Bathroom areas must have one openable window or other
adequate ventilation. Any sleeping room must have at least one window. If a window was designed to be
opened, it must be in proper working order.
pg. 154
440
Water Supply
The dwelling unit must be served by an approved public or private water supply that is sanitary and free
from contamination. Plumbing fixtures and pipes must be free of leaks and threats to health and safety.
Lead -Based Paint
Lead-based paint requirements apply to dwelling units built prior to 1978 that are occupied or can be
occupied by families with children under six years of age, excluding zero -bedroom dwellings. Owners
must:
• Disclose known lead-based paint hazards to prospective tenants before the lease is signed,
• Provide all prospective families with "Protect Your Family from Lead in Your Home",
• Stabilize deteriorated painted surfaces and conduct hazard reduction activities within 30 days
when identified by the PHA
• Notify tenants each time such an activity is performed
• Conduct all work in accordance with HUD safe practices
• As part of ongoing maintenance ask each family to report deteriorated paint
• Maintain covered housing without deteriorated paint if there is child under six in the family
For units occupied by elevated blood lead level (lead poisoned) children under six years of age, an
environmental investigation must be conducted (paid for by the PHA). If lead hazards are identified during
the environmental investigation, the owner must complete hazard reduction activities within 30 days.
See HCV GB p. 10-15 for a detailed description of these requirements. For additional information on lead-
based paint requirements see 24 CFR 35, Subparts A, B, M, and R.
Access
Use and maintenance of the unit must be possible without unauthorized use of other private properties.
The building must provide an alternate means of exit in case of fire.
Site and Neighborhood
The site and neighborhood must be reasonably free from disturbing noises and reverberations, excessive
trash or vermin, or other dangers to the health, safety, and general welfare of the occupants.
Sanitary Condition
The dwelling unit and its equipment must be in sanitary condition and free of vermin and rodent
infestation. The unit must have adequate barriers to prevent infestation.
Smoke Detectors
Smoke detectors must be installed in accordance with and meet the requirements of the National Fire
Protection Association Standard (NFPA) 74 (or its successor standards). If the dwelling unit is
occupied by any person with a hearing impairment, smoke detectors must have an appropriate alarm
system as specified in NFPA 74 (or successor standards).
Hazards and Heath/Safety
The unit, interior and exterior common areas accessible to the family, the site, and the surrounding
neighborhood must be free of hazards to the family's health and safety.
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Administrative Plan Indian River CountyHousing services Division
EXHIBIT 8-2: SUMMARY OF TENANT PREFERENCE AREAS
RELATED TO HOUSING QUALITY
Note: This document provides an overview of unit and site characteristics and conditions for which the
family determines acceptability. For more detailed information see the following documents:
• Housing Choice Voucher Guidebook, Chapter 10.
• HUD Housing Inspection Manual for Section 8 Housing
• HUD Inspection Form, form HUD -52580 (3/01) and Inspection Checklist, form HUD -52580-
A (9/00)
Provided the minimum housing quality standards have been met, HUD permits the family to determine
whether the unit is acceptable with regard to the following characteristics.
• Sanitary Facilities. The family may determine the adequacy of the cosmetic condition and
quality of the sanitary facilities, including the size of the lavatory, tub, or shower; the location of
the sanitary facilities within the unit; and the adequacy of the water heater.
• Food Preparation and Refuse Disposal. The family selects size and type of equipment it finds
acceptable. When the family is responsible for supplying cooking appliances, the family may
choose to use a microwave oven in place of a conventional oven, stove, or range. When the
owner is responsible for providing cooking appliances, the owner may offer a microwave oven in
place of an oven, stove, or range only if other subsidized and unsubsidized units on the
premises are furnished with microwave ovens only. The adequacy of the amount and type of
storage space, the cosmetic conditions of all equipment, and the size and location of the kitchen
are all determined by the family.
• Space and Security. The family may determine the adequacy of room sizes and room locations.
The family is also responsible for deciding the acceptability of the type of door and window locks.
• Energy conservation items. The family may determine whether the amount of insulation,
presence of absence of storm doors and windows and other energy conservation items
are acceptable.
• Illumination and Electricity. The family may determine whether the location and the number of
outlets and fixtures (over and above those required to meet HQS standards) are acceptable or if
the amount of electrical service is adequate for the use of appliances, computers, or stereo
equipment.
• Structure and Materials. Families may determine whether minor defects, such as lack of paint,
or worn flooring or carpeting will affect the livability of the unit.
• Indoor Air. Families may determine whether window and door screens, filters, fans, or other
devices for proper ventilation are adequate to meet the family's needs. However, if screens
are present they must be in good condition.
• Sanitary Conditions. The family determines whether the sanitary conditions in the unit, including
minor infestations, are acceptable.
• Neighborhood conditions. Families may determine whether neighborhood conditions such as
the presence of drug activity, commercial enterprises, and convenience to shopping will affect
the livability of the unit.
• Families have no discretion with respect to lead-based paint standards and smoke detectors.
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Administrative Plan Indian River County Housing services Division
Chapter 9: General Leasing Policies
Chapter 9 covers the lease -up process from the family's submission of a Request for Tenancy Approval
to execution of the HAP contract.
In order for the PHA to assist a family in a particular dwelling unit, or execute a Housing Assistance
Payments (HAP) contract with the owner of a dwelling unit, the PHA must determine that all the following
program requirements are met:
• The unit itself must qualify as an eligible unit [24 CFR 982.305(a)]
• The unit must be inspected by the PHA and meet the National Standards for the
Physical Inspection of Real Estate (NSPIRE) [24 CFR 982.305(a)]
• The lease offered by the owner must be approvable and must include the required
Tenancy Addendum [24 CFR 982.305(a)]
• The rent to be charged by the owner for the unit must be reasonable [24 CFR 982.305(a)]
• The owner must be an eligible owner, approvable by the PHA, with no conflicts of interest
[24 CFR 982.3061
• For families initially leasing a unit only: Where the gross rent of the unit exceeds the applicable
payment standard for the family, the share of rent to be paid by the family cannot exceed 40
percent of the family's monthly adjusted income [24 CFR 982.305(a)].
9-1 A. TENANT SCREENING
The PHA has no liability or responsibility to the owner or other persons for the family's behavior or
suitability for tenancy [24 CFR 982.307(a)(1)].
The PHA may elect to screen applicants for family behavior or suitability for tenancy. See Chapter 3 for a
discussion of IRCHSD's policies with regard to screening applicant families for program eligibility [24
CFR 982.307(a)(1)].
The owner is responsible for screening and selection of the family to occupy the owner's unit. At or before
PHA approval of the tenancy, the PHA must inform the owner that screening and selection for tenancy is
the responsibility of the owner [24 CFR 982.307(a)(2)]. The PHA must also inform the owner or manager
or their rights and obligations under the Violence against Women Act of 2013 (VAWA) [24 CFR
5.2005(a)(2)].
The PHA must provide the owner with the family's current and prior address (as shown in the PHA
records) and the name and address (if known to the PHA) of the landlord at the family's current and prior
address [24 CFR 982.307(b)(1)].
The PHA is permitted, but not required, to offer the owner other information in the PHA's possession
about the tenancy history or drug trafficking of family members [24 CFR 982.307(b)(2)].
The PHA's policy on providing information to the owner must be included in the family's briefing packet
[24 CFR 982.307(b)(3)].
The PHA may not disclose to the owner any confidential information provided by the family in response to
a PHA request for documentation of domestic violence, dating violence, sexual assault, or stalking except
at the written request or with the written consent of the individual providing the documentation [24 CFR
5.2007(b)(4)].
IRCHSD Policy
IRCHSD will not screen applicants for family behavior or suitability for tenancy.
IRCHSD will not provide additional screening information to the owner.
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Administrative Plan Indian River County Housing Services Division
9-1 B. REQUESTING TENANCY APPROVAL [FORM HUD -525171
After the family is issued a voucher, the family must locate an eligible unit, with an owner
or landlord willing to participate in the voucher program. Once a family finds a suitable unit and the owner
is willing to lease the unit under the program, the owner and the family must request the PHA to approve
the assisted tenancy in the selected unit.
The owner and the family must submit two documents to the PHA:
• Completed Request for Tenancy Approval (RTA) — Form HUD -52517
• Copy of the proposed lease, including the HUD -prescribed Tenancy Addendum — Form HUD -
52641 -A
The RTA contains important information about the rental unit selected by the family, including the unit
address, number of bedrooms, structure type, year constructed, utilities included in the rent, and the
requested beginning date of the lease, necessary for the PHA to determine whether to approve the
assisted tenancy in this unit.
Owners must certify to the most recent amount of rent charged for the unit and provide an explanation for
any difference between the prior rent and the proposed rent.
Owners must certify that they are not the parent, child, grandparent, grandchild, sister or brother of any
member of the family, unless the PHA has granted a request for reasonable accommodation for a person
with disabilities who is a member of the tenant household.
For units constructed prior to 1978, owners must either 1) certify that the unit, common areas, and
exterior have been found to be free of lead-based paint by a certified inspector; or 2) attach a lead-based
paint disclosure statement.
Both the RTA and the proposed lease must be submitted no later than the expiration date stated on the
voucher. [HCV GB p.8-15].
IRCHSD Policy
The RTA may be submitted on behalf of a family by the proposed landlord during the term of the
voucher.
The RTA must be signed by both the owner and voucher holder. IRCHSD will not permit the
family to submit more than one RTA at a time.
IRCHSD will review the RTA for completeness.
If the RTA is incomplete (including lack of signature by family, owner, or both), or if the dwelling
lease is not submitted with the RTA, IRCHSD will notify the family and the owner of the
deficiencies.
When the family submits the RTA and proposed lease, IRCHSD will also review the terms of
the RTA for consistency with the terms of the proposed lease.
If the terms of the RTA are not consistent with the terms of the proposed lease, IRCHSD will notify
the family and the owner of the discrepancies.
9-1 C. OWNER PARTICIPATION
The PHA does not formally approve an owner to participate in the PHA Program. However, there are a
number of criteria where the PHA may deny approval of an assisted tenancy based on past owner
behavior, conflict of interest, or other owner -related issues. There are also criteria for which the PHA must
disapprove of an owner. No owner has a right to participate in the PHA Program [24 CFR 982.306(e)].
See Chapter 13 for a full discussion of owner qualifications to participate in the PHA Program.
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Administrative Plan Indian River County Housing Services Division
9-1 D. ELIGIBLE UNITS
There are a number of criteria that a dwelling unit must meet in order to be eligible for assistance under
the voucher program. Generally, a voucher -holder family may choose any available rental dwelling unit on
the market in the PHA's jurisdiction. This includes the dwelling unit they are currently occupying.
Ineligible Units [24 CFR 982.352(a)]
The PHA may not assist a unit under the voucher program if the unit is a public housing or Indian
housing unit; a unit receiving project -based assistance under section 8 of the 1937 Act (42 U.S.C.
1437f); nursing homes, board and care homes, or facilities providing continual psychiatric, medical, or
nursing services; college or other school dormitories; units on the grounds of penal, reformatory,
medical, mental, and similar public or private institutions; a unit occupied by its owner or by a person
with any interest in the unit.
PHA -Owned Units [24 CFR 982.352(b)1
Otherwise, eligible units that are owned or substantially controlled by the PHA may also be leased in the
voucher program. In order for a PHA -owned unit to be leased under the voucher program, the unit must
not be ineligible housing and the PHA must inform the family, both orally and in writing, that the family has
the right to select any eligible unit available for lease and that the family is free to select a PHA -owned
unit without any pressure or steering by the PHA.
IRCHSD Policy
IRCHSD does not own any subsidized housing units.
Special Housing Types [24 CFR 982 Subpart Ml
HUD regulations permit, but do not generally require, the PHA to permit families to use voucher
assistance in a number of special housing types in accordance with the specific requirements applicable
to those programs. These special housing types include single room occupancy (SRO) housing,
congregate housing, group home, shared housing, manufactured home space (where the family owns the
manufactured home and leases only the space), cooperative housing and homeownership option. See
Chapter 15 for specific information and policies on any of these housing types that the PHA has chosen to
allow.
The regulations do require the PHA to permit use of any special housing type if needed as a reasonable
accommodation so that the program is readily accessible to and usable by persons with disabilities.
Duplicative Assistance [24 CFR 982.352(c)1
A family may not receive the benefit of HCV tenant -based assistance while receiving the benefit of any of
the following forms of other housing subsidy, for the same unit or for a different unit:
• Public or Indian housing assistance
• Other Section 8 assistance (including other tenant -based assistance)
• Assistance under former Section 23 of the United States Housing Act of 1937 (before
amendment by the Housing and Community Development Act of 1974)
• Section 101 rent supplements
• Section 236 rental assistance payments
• Tenant -based assistance under the HOME Program
• Rental assistance payments under Section 521 of the Housing Act of 1949 (a program of
the Rural Development Administration)
• Any local or State rent subsidy
• Section 202 supportive housing for the elderly
• Section 811 supportive housing for persons with disabilities; (11) Section 202 projects for
non -elderly persons with disabilities (Section 162 assistance), or
• Any other duplicative federal, State, or local housing subsidy, as determined by HUD. For this
purpose, 'housing subsidy' does not include the housing component of a welfare payment, a
social security payment received by the family, or a rent reduction because of a tax credit.
pg. 159
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Administrative Plan Indian River County Housing Services Division
NSPIRE Standards [Notice PIH 2023-28]]
In order to be eligible, the dwelling unit must be in safe and habitable. This determination is made using
National Standards for the Physical Inspection of Real Estate (NSPIRE) and/or equivalent state or local
standards approved by HUD. See Chapter 8 for a full discussion of the NSPIRE standards, as well as the
process for inspection at initial lease -up.
Unit Size
In order to be eligible, the dwelling unit must be appropriate for the number of persons in the household.
A family must be allowed to lease an otherwise acceptable dwelling unit with fewer bedrooms than the
number of bedrooms stated on the voucher issued to the family, provided the unit meets the applicable
space requirements [5.703(d)(5)]. The family must be allowed to lease an otherwise acceptable dwelling
unit with more bedrooms than the number of bedrooms stated on the voucher issued to the family. See
Chapter 5 for a full discussion of subsidy standards.
Rent Reasonableness [24 CFR 982.305 and 24 CFR 982.5071
In order to be eligible, the dwelling unit must have a reasonable rent. The rent must be reasonable in
relation to comparable unassisted units in the area and must not be in excess of rents charged by the
owner for comparable, unassisted units on the premises. See Chapter 8 for a full discussion of rent
reasonableness and the rent reasonableness determination process.
Rent Burden [24 CFR 982.5081
Where a family is initially leasing a unit and the gross rent of the unit exceeds the applicable payment
standard for the family, the family share cannot exceed 40 percent of the family's adjusted monthly
income. The term "family share" refers to the amount the family pays toward rent and utilities. The gross
rent for the unit minus the total housing assistance payment (HAP) for the unit equals the family share.
See Chapter 6 for a discussion of calculation of gross rent, the use of payment standards, and calculation
of family income, family share of rent and HAP.
9-1 E. LEASE AND TENANCY ADDENDUM
The family and the owner must execute a written dwelling lease agreement for the assisted unit. This
written lease is a contract between the tenant family and the owner; the PHA is not a party to this contract.
The tenant must have legal capacity to enter a lease under State and local law. 'Legal capacity' means
that the tenant is bound by the terms of the lease and may enforce the terms of the lease against the
owner [24 CFR 982.308(a)]
Lease Form and Tenancy Addendum 1`24 CFR 982.3081
If the owner uses a standard lease form for rental to unassisted tenants in the locality or the premises, the
lease must be in such standard form. If the owner does not use a standard lease form for rental to
unassisted tenants, the owner may use another form of lease. The HAP contract prescribed by HUD
contains the owner's certification that if the owner uses a standard lease form for rental to unassisted
tenants, the lease for the assisted tenants is in such standard form.
All provisions in the HUD -required Tenancy Addendum must be added word-for-word to the owner's
standard lease form. The Tenancy Addendum includes the HUD requirements for the tenancy. Because it
is a part of the lease, the tenant shall have the right to enforce the Tenancy Addendum against the owner.
If there is a conflict between the owner's lease and the Tenancy Addendum, the terms of the Tenancy
Addendum shall prevail over any other provisions of the lease.
IRCHSD Polis
IRCHSD does not provide a model or standard dwelling lease for owners to use in the HCV
program.
Lease Information 1`24 CFR 982.308(d)1
pg. 160
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Administrative Plan Indian River County Housing Services Division
The assisted dwelling lease must contain all of the required information as listed below:
• The names of the owner and the tenant:
• The unit rented (address, apartment number, and any other information needed to identify
the contract unit)
• The term of the lease (initial term and any provisions for renewal)
• The amount of the monthly rent to owner
• A specification of what utilities and appliances are to be supplied by the owner, and what utilities
and appliances are to be supplied by the family
Term of Assisted Tenancy
The initial term of the assisted dwelling lease must be for at least one year [24 CFR 982.309]. The initial
lease term is also stated in the HAP contract.
The HUD program regulations permit the PHA to approve a shorter initial lease term if certain
conditions are met.
IRCHSD Policy
IRCHSD will not approve an initial lease term of less than one (1) year unless it is a
VASH Voucher.
During the initial term of the lease, the owner may not raise the rent to owner [24 CFR 982.309].
Any provisions for renewal of the dwelling lease will be stated in the dwelling lease [HCV
Guidebook, pg. 8-22]. There are no HUD requirements regarding any renewal extension terms,
except that they must be stated in the dwelling lease if they exist.
IRCHSD may execute the HAP contract even if there is less than one year remaining from
the beginning of the initial lease term to the end of the last expiring funding increment under
the consolidated ACC. [24 CFR 982.309(b)].
Security Deposit [24 CFR 982.313 (a) and (b)]
The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in
excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants.
However, if the PHA chooses to do so, language to this effect must be added to Part A of the HAP
contract [Form HUD -52641].
IRCHSD Policy
IRCHSD will allow the owner to collect any security deposit amount the owner determines is
appropriate. Therefore, no modifications to the HAP contract will be necessary.
Separate Non -Lease Agreements between Owner and Tenant
Owners may not demand or accept any rent payment from the family in excess of the rent to the owner as
approved by the PHA minus the PHA's housing assistance payments to the owner [24 CFR
982.451(b)(4)].
The owner may not charge the tenant extra amounts for items customarily included in rent in the locality
or provided at no additional cost to unsubsidized tenants in the premises [24 CFR 982.510(c)].
IRCHSDotic
IRCHSD permits owners and families to execute separate, non -lease agreements for services,
appliances (other than range and refrigerator) and other items that are not included in the lease.
Any items, appliances, or other services that are customarily provided to unassisted families as
part of the dwelling lease with those families or are permanently installed in the dwelling unit
must be included in the dwelling lease for the assisted family. These items, appliances or
services cannot be placed under a separate non -lease agreement between the owner and
family. Side payments for additional rent, or for items, appliances or services customarily
provided to unassisted families as part of the dwelling lease for those families, are prohibited.
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Administrative Plan Indian River County Housing Services Division
Any items, appliances, or other services that are not customarily provided to unassisted families
as part of the dwelling lease with those families, are not permanently installed in the dwelling unit
and where the family has the sole option of not utilizing the item, appliance or service, may be
included in a separate non -lease agreement between the owner and the family.
The family is not liable and cannot be held responsible under the terms of the assisted dwelling
lease for any charges pursuant to a separate non -lease agreement between the owner and the
family. Non-payment of any charges pursuant to a separate non -lease agreement between the
owner and the family cannot be a cause for eviction or termination of tenancy under the terms of
the assisted dwelling lease.
Separate non -lease agreements that involve additional items, appliances or other services may be
considered amenities offered by the owner and may be taken into consideration when determining
the reasonableness of the rent for the property.
PHA Review of Lease
The PHA will review the dwelling lease for compliance with all applicable requirements.
IRCHSD Policy
If the dwelling lease is incomplete or incorrect, IRCHSD will notify the family and the owner of the
deficiencies. Missing and corrected lease information will may be accepted as email, hard copies,
in-person, by mail, or by fax. IRCHSD will not accept missing and corrected information over the
phone.
Because the initial leasing process is time -sensitive, IRCHSD will attempt to communicate with
the owner and family by phone, fax, or email. IRCHSD will use mail when the parties can't be
reached by phone, fax, or email.
The PHA is permitted, but is not required, to review the lease to determine if the lease complies with
State and local law and is permitted to decline to approve the tenancy if the PHA determines that the
lease does not comply with State or local law [24 CFR 982.308(c)]
IRCHSD Policy
IRCHSD will not review the owner's lease for compliance with state/local law.
9-1 F. TENANCY APPROVAL [24 CFR 982.3051
After receiving the family's Request for Tenancy Approval, with proposed dwelling lease, the PHA must
promptly notify the family and owner whether the assisted tenancy is approved.
Prior to approving the assisted tenancy and execution of a HAP contract, IRCHSD must ensure that all
required actions and determinations, discussed in Part I of this chapter have been completed.
These actions include ensuring that the unit is eligible; the unit has been inspected by the PHA and meets
the NSPIRE standards; the lease offered by the owner is approvable and includes the required Tenancy
Addendum; the rent to be charged by the owner for the unit must be reasonable; where the family is
initially leasing a unit and the gross rent of the unit exceeds the applicable payment standard for the family,
the share of rent to be paid by the family does not exceed 40 percent of the family's monthly adjusted
income [24 CFR 982.305(a)] including exempt income; the owner is an eligible owner, not disapproved by
the PHA, with no conflicts of interest [24 CFR 982.306]; the family and the owner have executed the lease,
including the Tenancy Addendum, and the lead-based paint disclosure information [24 CFR 982.305(b)].
IRCHSD Policy
IRCHSD will complete its determination within 10 business days of receiving all required
information.
If the terms of the RTA/proposed lease are changed for any reason, including but not limited to
negotiation with IRCHSD, IRCHSD will obtain corrected copies of the RTA and proposed lease,
signed by the family and the owner.
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If IRCHSD determines that the tenancy cannot be approved for any reason, the owner and the
family will be notified in writing and given the opportunity to address any reasons for disapproval.
IRCHSD will instruct the owner and family of the steps that are necessary to obtain approval of
the tenancy.
Where the tenancy is not approvable because the unit is not approvable, the family must continue
to search for eligible housing within the timeframe of the issued voucher.
If the tenancy is not approved due to rent affordability or rent reasonableness, IRCHSD will
attempt to negotiate the rent with the owner. If a new, approvable rent is negotiated, the tenancy
will be approved. If the owner is not willing to negotiate an approvable rent, the family must
continue to search for eligible housing within the timeframe of the issued voucher.
Change in Total Tenant Payment (TTP) Prior to HAP Effective Date
When the family reports changes in factors that will affect the total family share prior to the
effective date of the HAP contract, the information will be verified, and the total family share will
be recalculated using the interim review guidelines outlined in Chapter 14. If the family does not
report any change, IRCHSD need not obtain new verifications before signing the HAP contract,
even if verifications are more than 60 days old.
9-1 G. HAP CONTRACT EXECUTION [24 CFR 982.3051
The HAP contract is a written agreement between the PHA and the owner of the dwelling unit. Under the
HAP contract, the PHA agrees to make housing assistance payments to the owner on behalf of the
family, and the owner agrees to comply with all program requirements as stated in the HAP contract.
The HAP contract form is prescribed by HUD.
If the PHA has given approval for the family of the assisted tenancy, the owner and the PHA must
execute the HAP contract.
The term of the HAP contract must be the same as the term of the lease (24 CFR 982.451(a)(2)].
The PHA is permitted to execute a HAP contract even if the funding currently available does not extend
for the full term of the HAP contract.
The PHA must make the best effort to ensure that the HAP contract is executed before the beginning of
the lease term. Regardless, the HAP contract must be executed no later than 60 calendar days from the
beginning of the lease term.
The PHA may not pay any housing assistance payment to the owner until the HAP contract has been
executed. If the HAP contract is executed during the period of 60 calendar days from the beginning of the
lease term, the PHA will pay housing assistance payments after execution of the HAP contract (in
accordance with the terms of the HAP contract), to cover the portion of the lease term before execution
of the HAP contract (a maximum of 60 days).
Any HAP contract executed after the 60 -day period is void, and the PHA may not pay any housing
assistance payment to the owner.
IRCHSD Policy
The owner and the assisted family will execute the dwelling lease, and the owner must provide a
copy to IRCHSD.
The owner and IRCHSD will execute the HAP contract. IRCHSD will not execute the HAP contract
until the owner has submitted IRS form W-9. IRCHSD will ensure that the owner receives a copy of
the executed HAP contract.
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As required under VAWA 2013, once the HAP contract and lease have been executed and the
family has been admitted to the program, IRCHSD will notify families of their rights under VAWA by
providing all families with a copy of the domestic violence certification form (HUD -5382) as well as
the VAWA notice of occupancy rights (form HUD -5380).
Owners must, upon request, provide the current address of their residence (not a Post Office box).
The owner's current address will be compared to the subsidized unit's address.
Owners must provide an employer identification number or Social Security Number.
Owners must, on request, submit proof of ownership of the property, such as a deed or tax bill, and a
copy of the management agreement if the property is managed by a management agent.
See Chapter 13 for a discussion of the HAP contract and contract provisions.
9-1 H. CHANGES IN LEASE OR RENT [24 CFR 982.3081
If the tenant and the owner agree to any changes in the lease, such changes must be in writing, and the
owner must immediately give the PHA a copy of such changes. The lease, including any changes, must
remain in accordance with the requirements of this chapter.
Generally, PHA approval of tenancy and execution of a new HAP contract are not required for changes in
the lease. However, under certain circumstances, the execution of a new lease and HAP contract are
required. These circumstances include:
• Changes in lease requirements governing tenant or owner responsibilities for utilities or
appliances.
• Changes in lease provisions governing the term of the lease.
• The family moves to a new unit, even if the unit is in the same building or complex.
In these cases, if the HCV assistance is to continue, the family must submit a new Request for Tenancy
Approval (RTA) along with a new dwelling lease containing the proposed changes. A new tenancy must
then be approved in accordance with this chapter.
Where the owner is changing the amount of the rent to owner, the owner must notify the PHA at least 60
days before any such changes go into effect [24 CFR 982.308(g)(4)]. The PHA will agree to such an
increase only if the amount of the rent to owner is considered reasonable according to the rent
reasonableness standards discussed in Chapter 8. If the requested rent is not found to be reasonable,
the owner must either reduce the requested rent increase or terminate the tenancy in accordance with
the terms of the lease.
No rent increase is permitted during the initial term of the lease [24 CFR 982.309(a)(3)].
I CHSD P ii
Where the owner is requesting a rent increase, IRCHSD will determine whether the
requested increase is reasonable within 10 business days of receiving the request from the
owner. The owner will be notified of the determination in writing.
The owner is required to notify IRCHSD, in writing, at least 60 days before any change in the
amount of rent to owner is scheduled to go into effect. Any requested change in rent to owner
will be subject to rent reasonableness requirements.
Rent increases will go into effect on the first of the month following the 60 -day period after the
owner notifies IRCHSD of the rent change or on the date specified by the owner, whichever is
later.
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Chapter 10: Moving with Continued Assistance and Portability
Freedom of housing choice is a hallmark of the housing choice voucher (HCV) program. In general, HUD
regulations impose few restrictions on where families may live or move with HCV assistance. This chapter
sets forth HUD regulations and IRCHSD policies governing moves within or outside IRCHSD's jurisdiction
in two parts:
Part I: Moving with Continued Assistance. This part covers the general rules that apply to all
moves by a family assisted under IRCHSD's PHA Program, whether the family moves to
another unit within IRCHSD's jurisdiction or to a unit outside IRCHSD's jurisdiction under
portability.
Part 11: Portability. This part covers the special rules that apply to moves by a family under
portability, whether the family moves out of or into IRCHSD's jurisdiction. This part also
covers the special responsibilities that the PHA has under portability regulations and
procedures.
Part I: Moving with Continued Assistance
10-1 A. ALLOWABLE MOVES
HUD lists six regulatory conditions under which an assisted family is allowed to move to a new unit with
continued assistance. Permission to move is subject to the restrictions set forth in section 10-1.13.
• The family has a right to terminate the lease on notice to the owner (for the owner's breach or
otherwise) and has given a notice of termination to the owner in accordance with the lease [24
CFR 982.354(b)(3)]. If the family terminates the lease on notice to the owner, the family must give
the PHA a copy of the notice at the same time [24 CFR 982.354(d)(1)].
• The lease for the family's unit has been terminated by mutual agreement of the owner and the
family [24 CFR 982.354(b)(1)(ii)].
IRCHSD Policy
If the family and the owner mutually agree to terminate the lease for the family's unit, the family
must give IRCHSD a copy of the termination agreement.
Families cannot move more than once within any 12 -month period. Exceptions to this can be
made on a case-by-case basis based upon unique circumstances such as (but not limited to)
domestic violence or a fire in the unit making it uninhabitable. Exceptions are also given for
participants transferring to a new unit within the same complex provided that the landlord
and participant are in mutual agreement, a new 12 -month lease is signed, and a new RTA
and inspection are completed.
• The owner has given the family a notice to vacate, has commenced an action to evict the family, or
has obtained a court judgment or other process allowing the owner to evict the family [24 CFR
982.354(b)(2)]. The family must give the PHA a copy of any owner's eviction notice [24 CFR
982.551(g)].
The family or a member of the family is or has been the victim of domestic violence, dating violence,
sexual assault, or stalking and the move is needed to protect the health or safety of the family or family
member [24 CFR 982.354(b)(4)]. This condition applies even when the family has moved out of its unit
in violation of the lease, with or without prior notification to IRCHSD, if the family or family member who
is the victim reasonably believed that they were imminently threatened by harm from further violence if
he or she remained in the unit [24 CFR 982.354(b)(4), 24 CFR 982.353(b)]. The PHA must adopt an
emergency transfer plan as required by regulations at 24 CFR 5.2007(e).
IRCHSD Policy
If a family requests permission to move with continued assistance or for an external transfer to
another covered housing program operated by IRCHSD based on a claim that the move is
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Administrative Plan Indian River County Housing Services Division
necessary to protect the health or safety of a family member who is or has been the victim of
domestic violence, dating violence, sexual assault, or stalking, IRCHSD will request that the
resident request the emergency transfer using form HUD -5383, and IRCHSD will request
documentation in accordance with section 16-IX.D of this plan.
IRCHSD reserves the right to waive the documentation requirement if it determines that a
statement or other corroborating evidence from the family or family member will suffice. In such
cases IRCHSD will document the waiver in the family's file.
IRCHSD may choose to provide a voucher to facilitate an emergency transfer of the victim
without first terminating the assistance of the perpetrator.
Before granting an emergency transfer, IRCHSD will ensure the victim is eligible to receive
continued assistance based on the citizenship or immigration status of the victim.
IRCHSD has adopted an emergency transfer plan, which is included as Exhibit 16-3 to this plan
and discusses external transfers to other covered housing programs.
• The PHA has terminated the HAP contract for the family's unit for the owner's breach [24 CFR
982.354(b)(1)(i)].
The PHA determines that the family's current unit does not meet space standards because of an
increase in family size or a change in family composition. In such cases, the PHA must issue the
family a new voucher, and the family and PHA must try to find an acceptable unit as soon as
possible. If an acceptable unit is available for the family, the PHA must terminate the HAP contract
for the family's old unit in accordance with the HAP contract terms and must notify both the family
and the owner of the termination. The HAP contract terminates at the end of the calendar month that
follows the calendar month in which the PHA gives notice to the owner. [24 CFR 982.403(a) and (c)]
10-1 B. RESTRICTIONS ON MOVES
A family's right to move is generally contingent upon the family's compliance with program requirements
[24 CFR 982.1(b)(2)]. HUD specifies two conditions under which a PHA may deny a family permission to
move and two ways in which a PHA may restrict moves by a family.
Denial of Moves
HUD regulations permit the PHA to deny a family permission to move under the following conditions:
Insufficient Funding
The PHA may deny a family permission to move either within or outside the PHA's jurisdiction if the PHA
does not have sufficient funding for continued assistance [24 CFR 982.354(e)(1)]. However, Notice PIH
2016-09 significantly restricts the ability of PHAs to deny permission to move due to insufficient funding
and places further requirements on PHAs regarding moves denied due to lack of funding. The
requirements found in this notice are mandatory.
IRCHSD Policy
IRCHSD will deny a family permission to move on grounds that IRCHSD does not have sufficient
funding for continued assistance if (a) the move is initiated by the family, not the owner or
IRCHSD; (b) IRCHSD can demonstrate that the move will, in fact, result in higher subsidy costs
(c) IRCHSD can demonstrate, in accordance with the policies in Part VIII of Chapter 16, that it
does not have sufficient funding in its annual budget to accommodate the higher subsidy costs,
and (d) for portability moves, the receiving PHA is not absorbing the voucher.
If IRCHSD does not have sufficient funding for continued assistance, but the family must move
from their unit (e.g., the unit failed inspection), the family may move to a higher cost of the unit if
the move is within IRCHSD's jurisdiction. IRCHSD, however, will not allow the family to move
under portability in this situation if the family wishes to move to a higher cost area.
For both moves within IRCHSD's jurisdiction and outside under portability, IRCHSD will not deny
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Administrative Plan Indian River County Housing Services Division
a move due to insufficient funding if IRCHSD previously approved the move and subsequently
experienced a funding shortfall if the family cannot remain in their current unit. IRCHSD will
rescind the voucher in this situation if the family will be allowed to remain in their current unit.
IRCHSD will create a list of families whose moves have been denied due to insufficient funding.
IRCHSD will keep the family's request open indefinitely, and when funds become available, the
families on this list will take precedence over families on the waiting list. IRCHSD will use the
same procedures for notifying families with open requests to move when funds become available
as it uses for notifying families on the waiting list (see section 4-III.D).
IRCHSD will inform the family of its policy regarding moves denied due to insufficient funding
in a letter to the family at the time the move is denied.
Grounds for Denial or Termination of Assistance
The PHA may deny a family permission to move if it has grounds for denying or terminating the family's
assistance [24 CFR 982.354(e)(2)].
IRCHSD Policy
If IRCHSD has grounds for denying or terminating a family's assistance, IRCHSD will act on
those grounds in accordance with the regulations and policies set forth in Chapters 3 and 12,
respectively. In general, it will not deny a family permission to move for this reason; however, it
retains the discretion to do so under special circumstances.
Restrictions on Elective Moves (24 CFR 982.354(c)1
HUD regulations permit the PHA to prohibit any elective move by a participant family during the family's
initial lease term. They also permit the PHA to prohibit more than one elective move by a participant
family during any 12 -month period. However, such prohibitions, if adopted, do not apply when the family
or a member of the family is or has been the victim of domestic violence, dating violence, sexual assault,
or stalking and the move is needed to protect the health or safety of the family or family member. (For the
policy on documentation of abuse, see section 10-I.A.) In addition, the PHA may not establish a policy
permitting moves only at reexamination [Notice PIH 2016-091.
IRCHSD Policy
IRCHSD may deny families permission to make an elective move during the initial year of
assisted occupancy, unless there are circumstances beyond the control of the family which
require a move as an accommodation for a family member with a disability or for other good
cause.
Families may not be issued a voucher to move with continued assistance more than once in any
12 -month period. Exceptions to this can be made on a case-by-case basis based upon unique
circumstances such as (but not limited to) domestic violence or a fire in the unit making it
uninhabitable. Exceptions are also given for participants transferring to a new unit within the
same complex provided that the landlord and participant are in mutual agreement, a new 12 -
month lease is signed, and a new RTA and inspection are completed.
10-1 C. MOVING PROCESS
Notification
If a family wishes to move to a new unit, the family must notify the PHA and the owner before moving out
of the old unit or terminating the lease on notice to the owner [24 CFR 982.354(d)(2)]. If the family wishes
to move to a unit outside the PHA's jurisdiction under portability, the notice to the PHA must specify the
area where the family wishes to move [24 CFR 982.354(d)(2)]. The notices must be in writing [24 CFR
982.5].
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Approval
IRCHSD Policy
Upon receipt of a family's notification that it wishes to move, IRCHSD will determine whether
the move is approvable in accordance with the regulations and policies set forth in sections
10 -LA and 10-I.13. IRCHSD will notify the family in writing of its determination within 10
business days following receipt of the family's notification.
Reexamination of Family Income and Composition
IRCHSD Policy
For families approved to move to a new unit within the jurisdiction, IRCHSD will perform a new
annual reexamination in accordance with the policies set forth in Chapter 11 of this plan.
For families moving into or families approved to move out of the jurisdiction under portability,
IRCHSD will follow the policies set forth in Part II of this chapter.
Voucher Issuance and Briefing
IRCHSD Policy
For families approved to move to a new unit within IRCHSD's jurisdiction, IRCHSD will issue a
new voucher within 10 business days of IRCHSD's written approval to move. IRCHSD will follow
the policies set forth in Chapter 5 on voucher terms, extension, and expiration. If a family does
not locate a new unit within the term of the voucher and any extensions, the family may remain
in its current unit with continued voucher assistance if the owner agrees and IRCHSD approves,
otherwise, the family will lose its assistance.
For families moving into or families approved to move out of IRCHSD's jurisdiction under
portability, IRCHSD will follow the policies set forth in Part II of this chapter.
Housing Assistance Payments [24 CFR 982.311(d)1
When a family moves out of an assisted unit, the PHA may not make any housing assistance payment to
the owner for any month after the month the family moves out. The owner may keep the housing
assistance payment for the month when the family moves out of the unit.
If a participant family moves from an assisted unit with continued tenant -based assistance, the term of the
assisted lease for the new assisted unit may begin during the month the family moves out of the first
assisted unit. Overlap of the last housing assistance payment (for the month when the family moves out
of the old unit) and the first assistance payment for the new unit, is not considered to constitute a
duplicative housing subsidy.
iRCH D Polic:
Mid -month moves that result in overlapping contracts for the same participant are not
considered a duplicative subsidy. Contracts do not need to be prorated for mid -month moves.
Zero HAP Families Who Wish to Move [24 CFR 982.455]
A participant who is not receiving any subsidy, but whose HAP contract is still in force, may request a
voucher to move to a different unit. An PHA Program Agency must issue a voucher to move unless it has
grounds to deny assistance under the program regulations. However, if the PHA Program Agency
determines no subsidy would be paid at the new unit, they may refuse to enter into a HAP contract on
behalf of the family.
lRCHSD Polie-W
If a zero HAP family requests to move to a new unit, the family may request a voucher to move.
However, if no subsidy will be paid at the unit to which the family requests to move, IRCHSD will
enter into a HAP contract on behalf of the family for the new unit.
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Administrative Plan Indian River County Housing Services Division
Moves to Other Units Owned by Landlord
IRCHSD Policy
A move within the same building or project, or between buildings owned by the same owner,
will be processed like any other move.
Part II: Portability
10 -II A. OVERVIEW
Within the limitations of the regulations and this plan, a participant family or an applicant family that has
been issued a voucher has the right to use tenant -based voucher assistance to lease a unit anywhere in
the United States providing that the unit is located within the jurisdiction of a PHA administering a tenant -
based voucher program [24 CFR 982.353(b)]. The process by which a family obtains a voucher from one
PHA and uses it to lease a unit in the jurisdiction of another PHA is known as portability. The PHA that
issues the voucher is called the initial PHA. The PHA that has jurisdiction in the area to which the family
wants to move is called the receiving PHA.
The receiving PHA has the option of administering the family's voucher for the initial PHA or absorbing
the family into its own program. Under the first option, the receiving PHA provides all housing services
for the family and bills the initial PHA for the family's housing assistance payments and the fees for
administering the family's voucher. Under the second option, the receiving PHA pays for the family's
assistance with its own program funds, and the initial PHA has no further relationship with the family.
The initial PHA must contact the receiving PHA via email or other confirmed delivery method to
determine whether the receiving PHA will administer or absorb the initial PHA's voucher. Based on
receiving PHA's response, the initial PHA must determine whether they will approve or deny the
portability request [Notice PIH 2016-091.
PHAs commonly act as both the initial and receiving PHA because families may move into or out of their
jurisdiction under portability. Each role involves different responsibilities. The PHA will follow the rules
and policies in section 10-11. B when it is acting as the initial PHA for a family. It will follow the rules and
policies in section 10-II.0 when it is acting as the receiving PHA for a family.
In administering portability, the initial PHA and the receiving PHA must comply with financial procedures
required by HUD, including the use of HUD -required forms [24 CFR 982.355(e)(5)].
PHAs must also comply with billing and payment deadlines. HUD may reduce an administrative fee to an
initial or receiving PHA if the PHA does not comply with HUD portability requirements [24 CFR
982.355(e)(7)].
10 -II B. INITIAL PHA ROLE
Allowable Moves under Portability
A family may move with voucher assistance only to an area where there is at least one PHA administering
a voucher program [24 CFR 982.353(b)]. If there is more than one PHA in the area, the initial PHA
provides the family with the contact information for the receiving PHAs that serve the area, and the family
selects the receiving PHA. The family must inform the initial PHA which receiving PHA it has selected. If
the family prefers not to select the receiving PHA, the initial PHA will select the receiving PHA on behalf of
the family [24 CFR 982.255(b)].
Applicant families that have been issued vouchers as well as participant families may qualify to lease a
unit outside the PHA's jurisdiction under portability. HUD regulations and PHA Policy determine whether a
family qualifies. Special purpose vouchers may have additional restrictions on porting out due to special
program requirements.
Applicant Families
Under HUD regulations, most applicant families qualify to lease a unit outside the PHA's jurisdiction under
portability. However, HUD gives the PHA discretion to deny a portability move by an applicant family for the
same two reasons that it may deny any move by a participant family: insufficient funding and grounds for
denial or termination of assistance. If the PHA intends to deny a family permission to move under portability
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Administrative Plan Indian River County Housing Services Division
due to insufficient funding, the PHA must notify HUD within 10 business days of the determination to deny
the move [24 CFR 982.355(e)].
IRCHSD Policy
In determining whether or not to deny an applicant family permission to move under portability
because IRCHSD lacks sufficient funding or has grounds for denying assistance to the family,
the IRCHSD will follow the policies established in section 101.13 of this chapter. If IRCHSD does
deny the move due to insufficient funding, IRCHSD will notify HUD in writing within 10 business
days of IRCHSD's determination to deny the move.
In addition, the initial PHA may establish a policy denying the right to portability to nonresident applicants
during the first 12 months after they are admitted to the program [24 CFR 982.353(c)].
IRCHSD Policy
For VASH and EHV families there are no restrictions on portability in the first 12 months.
For all other families, a family will not be permitted to move out of IRCHSD's jurisdiction
upon the initial issuance of their voucher.
The family must lease a unit in IRCHSD's jurisdiction for at least one year prior to
exercising portability. IRCHSD will consider exceptions to this policy for purposes of
reasonable accommodation (see Chapter 2), or reasons related to domestic violence,
dating violence, sexual assault, or stalking.
Participant Families
The initial PHA must not provide portable assistance for a participant if a family has moved out of its
assisted unit in violation of the lease [24 CFR 982.353(b)]. The Violence against Women Act of 2013
(VAWA) creates an exception to this prohibition for families who are otherwise in compliance with
program obligations but have moved to protect the health or safety of a family member who is or has
been a victim of domestic violence, dating violence, sexual assault, or stalking and who reasonably
believed they were imminently threatened by harm from further violence if they remained in the unit [24
CFR 982.353(b)].
IRCHSD Policy
IRCHSD will determine whether a participant family may move out of IRCHSD's
jurisdiction with continued assistance in accordance with the regulations and policies set
forth here and in sections 10-I.A and 10-1.13 of this chapter. IRCHSD will notify the family of
its determination in accordance with the approval policy set forth in section 10-I.0 of this
chapter.
IRCHSD will consider exceptions to this policy for purposes of reasonable accommodation (see
Chapter 2), or reasons related to domestic violence, dating violence, sexual assault, or stalking.
Determining Income Eligibility
Applicant Families
An applicant family may lease a unit in a particular area under portability only if the family is income
eligible for admission to the voucher program in that area [24 CFR 982.353(d)(1)]. The family must
specify the area to which the family wishes to move [24 CFR 982.355(c)(1)].
The initial PHA is responsible for determining whether the family is income eligible in the area to
which the family wishes to move [24 CFR 982.353(d)(1), 24 CFR 982.355(9)]. If the applicant
family is not income eligible in that area, the PHA must inform the family that it may not move there
and receive voucher assistance [Notice PIH 2016-09].
Participant Families
The income eligibility of a participant family is not redetermined if the family moves to a new jurisdiction
under portability [24 CFR 982.353(d)(2)].
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Administrative Plan Indian River County Housing Services Division
Reexamination of Family Income and Composition
No new reexamination of family income and composition is required for an applicant family.
IRCHSD Policy
For a participant family approved to move out of its jurisdiction under portability, IRCHSD
generally will conduct a reexamination of family income and composition only if the family's
annual reexamination will be effective on or before the initial billing deadline specified on form
HUD -52665, Family Portability Information.
IRCHSD will make any exceptions to this policy necessary to remain in compliance with
HUD regulations.
Briefing
The regulations and policies on briefings set forth in Chapter 5 of this plan require the PHA to provide
information on portability to all applicant families that qualify to lease a unit outside the PHA's jurisdiction
under the portability procedures. Therefore, no special briefing is required for these families.
IRCHSD Polio
No formal briefing will be required for a participant family wishing to move outside
IRCHSD's jurisdiction under portability. However, IRCHSD will provide the family with the same
oral and written explanation of portability that it provided to applicant families selected for
admission to the program (see Chapter 5).
Participants will identify the receiving PHA. If they are unable to identify the receiving PHA,
IRCHSD will assist.
If there is more than one PHA with jurisdiction over the area to which the family wishes to
move, IRCHSD will inform the family of their options and advise them that they may choose
which receiving PHA to work with. The family must notify IRCHSD of their selection before the
move can be processed. Upon receiving the family's choice, IRCHSD will notify the selected
receiving PHA and, if requested, assist the family in making contact or gathering information to
support their decision.
IRCHSD will advise the family that they will be under the receiving PHA's policies and
procedures, including screening, subsidy standards, voucher extension policies, and payment
standards.
Voucher Issuance and Term
An applicant family has no right to portability until after the family has been issued a voucher [24 CFR
982.353(b)]. In issuing vouchers to applicant families, the PHA will follow the regulations and procedures
set forth in Chapter 5.
IRCHSD Policy
For participating families approved to move under portability, will issue a new voucher within 10
business days of the written approval to move.
The initial term of the voucher will be 60 days.
Voucher Extensions and Expiration
IRCHSD Policy
IRCHSD will not approve extensions to a voucher issued to an applicant or participant family
porting out of the jurisdiction except under the following circumstances:
a) The initial term of the voucher will expire before the portable family is issued a voucher by
the receiving PHA;
b) The family decides to return to the initial PHA's jurisdiction and search for a unit there; or
c) The family decides to search for a unit in a third PHA's jurisdiction.
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Administrative Plan Indian River County Housing Services Division
In such cases, the policies on voucher extensions set forth in Chapter 5, section 5-II.E of this plan
will apply, including the requirement that the family request an extension in writing prior to the
expiration of the initial voucher term.
To receive or continue receiving assistance under the initial PHA's voucher program, a family that
moves to another PHA's jurisdiction under portability must be under HAP contract in the receiving
PHA's jurisdiction within 90 days following the expiration date of the initial PHA's voucher term
(including any extensions). (See below under "Initial Billing Deadline" for one exception to this
policy.)
Preapproval Contact with the Receiving PHA
Prior to approving a family's request to move under portability, the initial PHA must contact the receiving
PHA via e-mail or other confirmed delivery method to determine whether the receiving PHA will
administer or absorb the family's voucher. Based on the receiving PHA's response, the initial PHA must
determine whether it will approve or deny the move [24 CFR 982.355(c)(3)].
IRCHSD Policy
IRCHSD will use e-mail, when possible, to contact the receiving PHA regarding whether the
receiving PHA will administer or absorb the family's voucher.
Initial Notification to the Receiving PHA
After approving a family's request to move under portability, the initial PHA must promptly notify the
receiving PHA via email or other confirmed delivery method to expect the family [24 CFR 982.355(c)(3);
24 CFR 982.355(c)(7)]. The initial PHA must also advise the family how to contact and request
assistance from the receiving PHA [24 CFR 982.355(c)(6)].
IRCHSD Policy
Because the portability process is time -sensitive, IRCHSD will notify the receiving PHA by phone,
fax, or e-mail to expect the family. IRCHSD will also ask the receiving PHA to provide any
information the family may need upon arrival, including the name, fax, e-mail address, and
telephone number of the staff person responsible for business with incoming portable families
and procedures related to appointments for voucher issuance. IRCHSD will pass this information
along to the family. IRCHSD will also ask for the name, address, telephone number, fax and
e-mail of the person responsible for processing the billing information.
Sending Documentation to the Receiving PHA
The initial PHA is required to send the receiving PHA the following documents:
• Form HUD -52665, Family Portability Information, with Part I filled out
[Notice PIH 2016-09]
• A copy of the family's voucher [Notice PIH 2016-09]
• A copy of the family's most recent form HUD -50058, Family Report, or, if necessary, in the
case of an applicant family, family and income information in a format similar to that of form
HUD -50058 [24 CFR 982.355(c)(7), Notice PIH 2016-091
• Copies of the income verifications backing up the form HUD -50058, including a copy of
the family's current EIV data [24 CFR 982.355(c)(7), Notice PIH 2016-09]
IRCHSD Policy
In addition to these documents, IRCHSD will provide the following information, if available, to the
receiving PHA:
• Social security numbers (SSNs)
• Documentation of SSNs for all nonexempt household members whose SSNs
have not been verified through the EIV system
• Documentation of legal identity
• Documentation of citizenship or eligible immigration status
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Administrative Plan Indian River County Housing Services Division
• Documentation of participation in the earned income disallowance (EID) benefit
• Documentation of participation in a family self-sufficiency (FSS) program
• If applicable, information related to the family's health and medical care and disability
assistance expense phased -in hardship exemption, including what stage the family is
in and how many months remain in that phase-in stage
IRCHSD will notify the family in writing regarding any information provided to the receiving PHA
[HCV GB, p. 13-31.
Medical Documentation Not Shared Except with Family
IRCHSD Policy
In order to comply with the federal privacy act rules regarding health-related information (HIPAA),
IRCHSD shall not send a portable family's medical documentation to a receiving PHA. IRCHSD
may indicate to the receiving PHA that IRCHSD has approved an accommodation for the family,
without providing any of the details of the basis for the approval. IRCHSD shall give a copy of the
medical documentation it has on file directly to the family, on request, for them to provide the
receiving PHA to document medical or disability -related accommodations, deductions, or
allowances.
Initial Billing Deadline [Notice PIH 2016-091
The deadline for submission of initial billing is 90 days following the expiration date of the voucher issued
to the family by the initial PHA. In cases where suspension of the voucher delays the initial billing
submission, the receiving PHA must notify the initial PHA of delayed billing before the billing deadline and
document the delay is due to the suspension. In this case, the initial PHA must extend the billing deadline
by 30 days.
If the initial PHA does not receive a billing notice by the deadline and does not intend to honor a late
billing submission, it must notify the initial PHA in writing. The initial PHA may report to HUD the receiving
PHA's failure to comply with the deadline.
If the initial PHA will honor the late billing, no action is required.
IRCHSD Policy
If IRCHSD has not received an initial billing notice from the receiving PHA within the billing
deadline, a retroactive payment will be made and the PHA will be encouraged to make timely
submissions in the future.
Monthly Billing Payments [24 CFR 982.355(e), Notice PIH 2016-091
If the receiving PHA is administering the family's voucher, the receiving PHA bills the initial PHA for
housing assistance payments and administrative fees. When reimbursing for administrative fees, the initial
PHA must promptly reimburse the receiving PHA for the lesser of 80 percent of the initial PHA ongoing
administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit
under contract on the first day of the month for which the receiving PHA is billing the initial PHA under
portability. If the administrative fees are prorated for the PHA Program, the proration will apply to the
amount of the administrative fee for which the receiving PHA may bill [24 CFR 982.355(e)(2)].
The initial PHA is responsible for making billing payments in a timely manner. The first billing amount is
due within 30 calendar days after the initial PHA receives Part II of form HUD -52665 from the receiving
PHA. Subsequent payments must be received by the receiving PHA no later than the fifth business day
of each month. The payments must be provided in a form and manner that the receiving PHA is able and
willing to accept.
The initial PHA may not terminate or delay making payments under existing portability billing
arrangements as a result of over leasing or funding shortfalls. The PHA must manage its tenant -
based program in a manner that ensures that it has the financial ability to provide assistance for
families that move out of its jurisdiction under portability and are not absorbed by receiving PHAs as
well as for families that remain within its jurisdiction.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
The initial PHA will utilize direct deposit to ensure that the payment is received by the deadline
unless the receiving PHA notifies the initial PHA that direct deposit is not acceptable to them. If the
initial PHA extends the term of the voucher, the receiving PHA will expire 30 calendar days from
the new expiration date of the initial PHA's voucher.
Annual Updates of Form HUD -50058
If the initial PHA is being billed on behalf of a portable family, it should receive an updated form HUD -
50058 each year from the receiving PHA. If the initial PHA fails to receive an updated 50058 by the
family's annual reexamination date, the initial PHA should contact the receiving PHA to verify the status of
the family. The initial PHA must continue paying the receiving PHA based on the last form HUD -50058
received, unless instructed otherwise by HUD. The initial PHA may seek absorption of the vouchers by
following steps outlined in Notice PIH 2016-09.
Denial or Termination of Assistance [24 CFR 982.355(c)(17)1
At any time, either the initial PHA or the receiving PHA may make a determination to deny or terminate
assistance with the family in accordance with 24 CFR 982.552 and 24 CFR 982.553. (For PHA policies
on denial and termination, see Chapters 3 and 12, respectively.)
10 -II C. RECEIVING PHA ROLE
If a family has a right to lease a unit in the receiving PHA's jurisdiction under portability, the receiving PHA
must provide assistance for the family [24 CFR 982.355(10)]. HUD may determine in certain instances
that a PHA is not required to accept incoming portable families, such as a PHA in a declared disaster
area. However, the PHA must have approval in writing from HUD before refusing any incoming portable
families [24 CFR 982.355(b)].
Administration of the voucher must be in accordance with the receiving PHA's policies. This requirement
also applies to policies of Moving to Work agencies. The receiving PHA procedures and preferences for
selection among eligible applicants do not apply to the family, and the receiving PHA waiting list is not
used [24 CFR 982.355(c)(10)]. The family's unit, or voucher, size is determined in accordance with the
subsidy standards of the receiving PHA [24 CFR 982.355(c)(12)], and the receiving PHA's policies on
extensions of the voucher term apply [24 CFR 982.355(c)(14)].
Responding to Initial PHA's Request [24 CFR 982.355(c)1
The receiving PHA must respond via e-mail or other confirmed delivery method to the initial PHA's inquiry
to determine whether the family's voucher will be billed or absorbed [24 CFR 982.355(c)(3)]. If the
receiving PHA informs the initial PHA that it will be absorbing the voucher, the receiving PHA cannot
reverse its decision at a later date without consent of the initial PHA (24 CFR 982.355(c)(4).
IRCHSD PokiLqy
Upon receipt of the portability documentation from the initial PHA, IRCHSD will respond via -
email or other confirmed delivery method to the initial PHA's inquiry to determine whether the
family's voucher will be billed or absorbed.
Initial Contact with Family
When a family moves into the PHA's jurisdiction under portability, the family is responsible for promptly
contacting the PHA and complying with the PHA's procedures for incoming portable families. The family's
failure to comply may result in denial or termination of the receiving PHA's voucher [24 CFR
982.355(c)(8)].
If the voucher issued to the family by the initial PHA has expired, the receiving PHA must contact the
initial PHA to determine if it will extend the voucher [24 CFR 982.355(c)(13)]. An informal hearing is not
required when a voucher has expired without the family leasing a unit.
If for any reason the receiving PHA refuses to process or provide assistance to a family under the
portability procedures, the family must be given the opportunity for an informal review or hearing [Notice
PIH 2016-09]. (For more on this topic, see later under "Denial or Termination of Assistance.")
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Administrative Plan Indian River County Housing Services Division
Briefing
HUD allows the receiving PHA to require a briefing for an incoming portable family as long as the
requirement does not unduly delay the family's search [Notice PIH 2016-091.
IRCHSD Policy
IRCHSD will not require the family to attend a briefing. Upon request, IRCHSD will provide the
family with a briefing packet (as described in Chapter 5) and, in an individual briefing, will orally
inform the family about IRCHSD's payment and subsidy standards, procedures for requesting
approval of a unit, the unit inspection process, and the leasing process.
Income Eligibility and Reexamination
The receiving PHA does not redetermine eligibility for a portable family that was already receiving
assistance in the initial PHA's voucher program [24 CFR 982.355(c)(9)]. If the receiving PHA opts to
conduct a new reexamination for a current participant family, the receiving PHA may not delay issuing the
family a voucher or otherwise delay approval of a unit [24 CFR 982.355(c)(11)].
IRCHSD Policy
For any family to move into its jurisdiction under portability, IRCHSD will conduct a new
reexamination of family income and composition. However, IRCHSD will not delay issuing the
family a voucher for this reason. Nor will IRCHSD delay approving a unit for the family until the
reexamination process is complete unless the family is an applicant, and staff cannot otherwise
confirm that the family is income eligible for admission to the program in the area where the unit
is located.
In conducting its own reexamination, IRCHSD will rely upon any verifications provided by the
initial PHA to the extent that they (a) accurately reflect the family's current circumstances and (b)
were obtained within the last 120 days. Any new information may be verified by documents
provided by the family and adjusted, if necessary, when third party verification is received.
Voucher Issuance
When a family moves into its jurisdiction under portability, the receiving PHA is required to issue the
family a voucher [24 CFR 982.355(c)(13)]. The family must submit a request for tenancy approval to the
receiving PHA during the term of the receiving PHA's voucher [24 CFR 982.355(c)(15)].
Timing of Voucher Issuance
HUD expects the receiving PHA to issue the voucher within two weeks after receiving the family's
paperwork from the initial PHA if the information is in order, the family has contacted the receiving PHA,
and the family complies with the receiving PHA's procedures [Notice PIH 2016-09].
(RCHSD-E-01i
IRCHSD will issue the voucher within two weeks after receiving the family's paperwork from the
initial PHA if the information is in order, the family has contacted the receiving PHA, and the
family complies with the IRCHSD's procedures.
Voucher Term
The term of the receiving PHA's voucher may not expire before 30 calendar days from the expiration of
the initial PHA's voucher [24 CFR 982.355(c)(13)]. If the initial PHA extends the term of the voucher, the
receiving PHA's voucher may not expire before 30 days from the new expiration date of the initial PHA's
voucher [Notice PIH 2016-09].
IRCHSD Policy
IRCHSD's voucher will expire 30 calendars days from the expiration date of the initial PHA's
voucher. If the initial PHA extends the term of the voucher, IRCHSD's voucher will expire 30
calendar days from the new expiration date of the initial PHA's voucher.
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Administrative Plan Indian River County Housing Services Division
Voucher Extensions (24 CFR 982.355(c)(14), Notice 2016-091
Once the receiving PHA issues the portable family a voucher, the receiving PHA's policies on extensions
of the voucher term apply. The receiving PHA must inform the initial PHA of any extension granted to the
term of the voucher. It must also bear in mind the billing deadline provided by the initial PHA. Unless
willing and able to absorb the family, the receiving PHA should ensure that any voucher expiration date
would leave sufficient time to process a request for tenancy approval, execute a HAP contract, and
deliver the initial billing to the initial PHA.
IRCHSD Policy
IRCHSD generally will not extend the term of the voucher that it issues to an incoming portable
family unless IRCHSD plans to absorb the family into its own program, in which case it will follow
the policies on voucher extension set forth in section 5-II.E.
IRCHSD may approve extensions requested by the initial PHA if such extensions are
consistent with this Administrative Plan. However, if the family decides not to lease up in
IRCHSD's jurisdiction, they must contact the initial PHA to request an extension.
IRCHSD will consider an exception to this policy as a reasonable accommodation for a person
with disabilities (see Chapter 2).
Voucher Suspensions (24 CFR 982.303, 24 CFR 982.355(c)(15)1
If the family submits a request for tenancy approval during the term of the receiving PHA's voucher, the
PHA must suspend the term of that voucher. The term of the voucher stops from the date that the family
submits a request for PHA approval of the tenancy until the date the PHA notifies the family in writing
whether the request has been approved or denied [24 CFR 982.4(b)] (see Section 5 -II. E).
Notifying the Initial PHA
The receiving PHA must promptly notify the initial PHA if the family has leased an eligible unit under the
program or if the family fails to submit a request for tenancy approval for an eligible unit within the term of
the receiving PHA's voucher [24 CFR 982.355(c)(16)]. The receiving PHA is required to use Part II of form
HUD -52665, Family Portability Information, for this purpose [Notice PIH 2016-09]. (For more on this topic
and the deadline for notification, see below under "Administering a Portable Family's Voucher.")
If an incoming portable family ultimately decides not to lease in the jurisdiction of the receiving PHA but
instead wishes to return to the initial PHA's jurisdiction or to search in another jurisdiction, the receiving
PHA must refer the family back to the initial PHA. In such a case the voucher of record for the family is
once again the voucher originally issued by the initial PHA. Any extension of search time provided by the
receiving PHA's voucher is only valid for the family's search in the receiving PHA's jurisdiction [Notice PIH
2016-09].
Administering a Portable Family's Voucher
Portability Billing (24 CFR 982.355(e)1
To cover assistance for a portable family that was not absorbed, the receiving PHA bills the initial PHA for
housing assistance payments and administrative fees. The amount of the housing assistance payment for
a portable family in the receiving PHA's program is determined in the same manner as for other families
in the receiving PHA's program.
The receiving PHA may bill the initial PHA for the lesser of 80 percent of the initial PHA's ongoing
administrative fee or 100 percent of the receiving PHA's ongoing administrative fee for each program unit
under contract on the first day of the month for which the receiving PHA is billing the initial PHA under
portability. If the administrative fees are prorated for the PHA Program, the proration will apply to the
amount of the administrative fee for which the receiving PHA may bill (i.e., the receiving PHA may bill for
the lesser of 80 percent of the initial PHA's prorated ongoing administrative fee or 100 percent of the
receiving PHA's ongoing administrative fee). If both PHAs agree, the PHA may negotiate a different amount
of reimbursement.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
Unless IRCHSD negotiates a different amount of reimbursement with the initial PHA, IRCHSD
will bill the initial PHA the maximum amount of administrative fees allowed, ensuring any
administrative fee proration has been properly applied.
Initial Billing Deadline
If a portable family's search for a unit is successful and the receiving PHA intends to administer the
family's voucher, the receiving PHA must submit its initial billing notice (Part II of form HUD -52665) in time
that the notice will be received no later than 90 days following the expiration date of the family's voucher
issued by the initial PHA [Notice PIH 2016-09]. This deadline may be extended for 30 additional days if
the delay is due to suspension of the voucher's term (see Initial Billing Section). A copy of the family's
form HUD -50058, Family Report, completed by the receiving PHA must be attached to the initial billing
notice. The receiving PHA may send these documents by mail, fax, or e-mail.
IRCHSD Policy
IRCHSD will send its initial billing notice by fax or e-mail, if necessary, to meet the billing deadline
but will also send the notice by regular mail.
If the receiving PHA fails to send the initial billing by the deadline, it is required to absorb the family into its
own program unless (a) the initial PHA is willing to accept the late submission or (b) HUD requires the
initial PHA to honor the late submission (e.g., because the receiving PHA is over leased) [Notice PIH
2016-09].
Ongoing Notification Responsibilities [Notice PIH 2016-09, HUD -526651
Annual Reexamination. The receiving PHA must send the initial PHA a copy of a portable family's
updated form HUD -50058 after each annual reexamination for the duration of time the receiving PHA is
billing the initial PHA on behalf of the family, regardless of whether there is a change in the billing
amount.
IRCHSD f�oh
IRCHSD will send a copy of the updated HUD -50058 by regular mail no later than 10 business
days after the effective date of the reexamination.
Change in Billing Amount. The receiving PHA is required to notify the initial PHA, using form HUD -
52665, of any change in the billing amount for the family as a result of:
• A change in the HAP amount (because of a reexamination, a change in the applicable
payment standard, a move to another unit, etc.)
• An abatement or subsequent resumption of the HAP payments
• Termination of the HAP contract
• Payment of a damage/vacancy loss claim for the family
• Termination of the family from the program
The timing of the notice of the change in the billing amount should correspond with the notification to the
owner and the family in order to provide the initial PHA with advance notice of the change. Under no
circumstances should the notification be later than 10 business days following the effective date of the
change in the billing amount. If the receiving PHA fails to send Form HUD -52665 within 10 days of
effective date of billing changes, the initial PHA is not responsible for any increase prior to notification. If
the change resulted in a decrease in the monthly billing amount, the initial PHA will offset future monthly
payments until the difference is reconciled.
Late Payments [Notice PIH 2016-091
If the initial PHA fails to make a monthly payment for a portable family by the fifth business day of the
month, the receiving PHA must promptly notify the initial PHA in writing of the deficiency. The notice must
identify the family, the amount of the billing payment, the date the billing payment was due, and the date
the billing payment was received (if it arrived late). The receiving PHA must send a copy of the notification
to the Office of Public Housing (OPH) in the HUD area office with jurisdiction over the receiving PHA. If
the initial PHA fails to correct the problem by the second month following the notification, the receiving
pg. 177
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Administrative Plan Indian River County Housing Services Division
PHA may request by memorandum to the director of the OPH with jurisdiction over the receiving PHA that
HUD transfer the unit in question. A copy of the initial notification and any subsequent correspondence
between PHAs on the matter must be attached. The receiving PHA must send a copy of the
memorandum to the initial PHA. If the OPH decides to grant the transfer, the billing arrangement on
behalf of the family ceases with the transfer, but the initial PHA is still responsible for any outstanding
payments due to the receiving PHA.
Overpayments (Notice PIH 2016-091
In all cases where the receiving PHA has received billing payments for billing arrangements no longer in
effect, the receiving PHA is responsible for returning the full amount of the overpayment (including the
portion provided for administrative fees) to the initial PHA.
In the event that HUD determines billing payments have continued for at least three months because the
receiving PHA failed to notify the initial PHA that the billing arrangement was terminated, the receiving
PHA must take the following steps:
• Return the full amount of the overpayment, including the portion provided for administrative fees,
to the initial PHA.
• Once full payment has been returned, notify the Office of Public Housing in the HUD area office
with jurisdiction over the receiving PHA of the date and the amount of reimbursement to the
initial PHA.
At HUD's discretion, the receiving PHA will be subject to the sanctions spelled out in Notice PIH 2016-09.
Denial or Termination of Assistance
At any time, the receiving PHA may make a determination to deny or terminate assistance to a portable
family for family action or inaction [24 CFR 982.355(c)(17)].
In the case of a termination, the PHA should provide adequate notice of the effective date to the initial
PHA to avoid having to return a payment. In no event should the receiving PHA fail to notify the initial
PHA later than 10 business days following the effective date of the termination of the billing arrangement
[HUD -52665; Notice PIH 2016-09].
IRCHSD Polo
If IRCHSD elects to deny or terminate assistance for a portable family, IRCHSD will notify the
initial PHA in writing of any termination of assistance within 10 business days of the termination.
IRCHSD will base its denial or termination decision on the policies set forth in Chapter 3 or
Chapter 12, respectively. The informal review or hearing will be held in accordance with the
policies in Chapter 16. IRCHSD will not notify the initial housing authority of the termination until
the informal hearing process is complete. A copy of the hearing decision shall be furnished to the
initial PHA.
The initial PHA is responsible for collecting any amounts owed by the family to the initial PHA,
and for monitoring repayment. If the initial PHA notifies IRCHSD that the family is in arrears
or the family has refused, without good cause, to sign a payment agreement, IRCHSD may
terminate assistance to the family.
Absorbing a Portable Family
The receiving PHA may absorb an incoming portable family into its own program when the PHA executes
a HAP contract on behalf of the family or at any time thereafter providing that IRCHSD has funding
available under its annual contributions contract (ACC) [24 CFR 982.355(d)(1), Notice PIH 2016-09].
If the receiving PHA absorbs a family from the point of admission, the admission will be counted against
the income targeting obligation of the receiving PHA [24 CFR 982.201(b)(2)(vii)].
If the receiving PHA absorbs a family after providing assistance for the family under a billing arrangement
with the initial PHA, the receiving PHA must send an updated form HUD -52665 to the initial PHA no later
than 10 business days following the effective date of the termination of the billing arrangement [Notice PIH
2016-09].
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
If IRCHSD decides to absorb a portable family upon the execution of a HAP contract on behalf of
the family, IRCHSD will notify the initial PHA by the initial billing deadline specified on form
HUD -52665. The effective date of the HAP contract will be the effective date of the absorption.
If IRCHSD decides to absorb a family after that, it will provide the initial PHA with 30 days'
advance notice, but no later than 10 business days following the effective date of the
termination of the billing arrangement.
Following the absorption of an incoming portable family, the family is assisted with funds available under
the consolidated ACC for the receiving PHA's voucher program [24 CFR 982.355(d)], and the receiving
PHA becomes the initial PHA in any subsequent moves by the family under portability
[24CFR982.355(e)(4)
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Administrative Plan Indian River County Housing Services Division
Chapter 11: Reexaminations
The PHA is required to reexamine each family's income and composition at least annually, and to adjust
the family's level of assistance accordingly. Interim reexaminations are also needed in certain situations.
This chapter discusses both annual and interim reexaminations, and the recalculation of family share and
subsidy that occurs as a result. HUD regulations and PHA policies concerning reexaminations are
presented in three parts:
Part I: Annual Reexaminations. This part discusses the process for conducting annual
reexaminations.
Part II: Interim Reexaminations. This part details the requirements for families to report changes
in family income and composition between annual reexaminations.
Part III: Recalculating Family Share and Subsidy Amount. This part discusses the recalculation of
family share and subsidy amounts based on the results of annual and interim reexaminations.
Policies governing reasonable accommodation, family privacy, required family cooperation, and program
abuse, as described elsewhere in this plan, apply to both annual and interim reexaminations.
In accordance with HUD requirements and IRCHSD's Moving to Work Plan, IRCHSD will re-examine the
income and household composition of all families regularly. Recertifications and interim re-examinations
will be processed in a manner that ensures families are given reasonable notice of decreases in the
Housing Assistance Payment and corresponding increases in tenant rent (hereafter referred to as rent
increases).
Part I: Annual Reexaminations [24 CFR 982.5161
11-1 A. OVERVIEW
The PHA must conduct a re-examination of family income and composition at least annually. This
includes gathering and verifying current information about family composition, income, and expenses.
Based on this updated information, the family's income and rent must be recalculated. This part
discusses the schedule for annual reexaminations, the information to be collected and verified, and
annual reexamination effective dates.
11-1 B.STREAMLINED ANNUAL REEXAMINATIONS [24 CFR 982.516(B) ; NEW
HCV GB, REEXAMINATIONS]
HUD permits PHAs to streamline the income determination process for family members with fixed
sources of income. While third -party verification of all income sources must be obtained during the intake
process and every three years thereafter, in the intervening years the PHA may determine income from
fixed sources by applying a verified cost of living adjustment (COLA) or rate of interest. The PHA may,
however, obtain third -party verification of all income, regardless of the source. Further, upon request of
the family, the PHA must perform third -party verification of all income sources.
Fixed sources of income include Social Security and SSI benefits, pensions, annuities, disability or death
benefits, and other sources of income subject to a COLA or rate of interest. The determination of fixed
income may be streamlined even if the family also receives income from other non -fixed sources.
Two streamlining options are available, depending upon the percentage of the family's income that is
received from fixed sources. If at least 90 percent of the family's income is from fixed sources, the PHA
may streamline the verification of fixed income and may choose whether to verify non -fixed income
amounts in years where no fixed-income review is required. If the family receives less than 90 percent of
its income from fixed sources, the PHA may streamline the verification of fixed income and must verify
non -fixed income annually.
IRCHSD Policy
IRCHSD will streamline the annual reexamination process by applying the verified COLA or
interest rate to fixed-income sources. IRCHSD will document in the file how the determination that
a source of income was fixed was made.
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Administrative Plan Indian River County Housing Services Division
i.
If a family member with a fixed source of income is added, IRCHSD will use third -party
verification of all income amounts for that family member.
If verification of the COLA or rate of interest is not available, IRCHSD will obtain third -
party verification of income amounts.
Third -party verification of fixed sources of income will be obtained during the intake process and
at least once every three years thereafter at annual re-examination.
Third -party verification of non -fixed income will be obtained annually regardless of the
percentage of family income received from fixed sources.
11-1 C. SCHEDULING ANNUAL REEXAMINATIONS
The PHA must establish a policy to ensure that the annual reexamination for each family is
completed within a 12 -month period and may require reexaminations more frequently [HCV GB p. 12-1].
IRCHSD Policy
IRCHSD will begin the annual reexamination process 120 days in advance of its scheduled
effective date. Generally, IRCHSD will schedule annual reexamination effective dates to
coincide with the family's anniversary date.
Anniversary date is defined as 12 months from the effective date of the family's last annual
reexamination or, during a family's first year in the program, from the effective date of the family's
initial examination (admission).
When a family moves to another dwelling unit, IRCHSD will perform a new annual
reexamination.
IRCHSD also may schedule an annual reexamination for completion prior to the anniversary
date for administrative purposes.
Notification of and Participation in the Annual Reexamination Process
The PHA is required to obtain the information needed to conduct annual reexaminations. How that
information will be collected is left to the discretion of the PHA. However, PHAs should give tenants who
were not provided the opportunity the option to complete Form HUD -92006 at this time [Notice PIH 2009-
36].
IRCHSD Policy
Re -Examination Notice to the Family
IRCHSD will maintain a re-examination tracking system and the household will be notified by mail
of the recertification requirements 90 to 120 days in advance of the anniversary date. If requested
as an accommodation by a person with a disability, IRCHSD will provide the notice in an
accessible format. IRCHSD will also mail the notice to a third -party, if requested as reasonable
accommodation for a person with disabilities.
Completion of Annual Recertification or Update and Notice of Change in Rent
IRCHSD will complete annual re -certifications or updates for families before the anniversary date,
including notifying the family of any increases in rent at least 30 days before the anniversary date.
If the family's rent portion remains the same or decreases, IRCHSD may give less than 30 days
written notice to the family.
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Persons with Disabilities
Persons with disabilities who are unable to complete their review by mail will be granted an
accommodation which includes conducting the interview at the person's home or other location,
as requested by the family, upon verification that the accommodation requested meets the need
presented by the disability.
Collection of Information f24 CFR 982.516(f)1
IRCHSD will require the family to complete a Personal Declaration form prior to the completion of
an annual recertification.
IRCHSD will contact the family and provide information and guidelines for completing the
Personal Declaration form. In the correspondence, IRCHSD will specify the date and time by
which the family must complete the Declaration form and provide the required documentation.
At the request of the family, IRCHSD will conduct the annual recertification in person at
IRCHSD's office. The family may call to request an appointment up to 1 day prior to the
document submission deadline date.
Requirements to Attend
In cases where the family has requested an in-person interview, the head of household is
required to attend the recertification interview. If the head of household is unable to attend the
interview, the appointment will be rescheduled.
11-1 D. CONDUCTING ANNUAL REEXAMINATIONS
As part of the annual reexamination process, families are required to provide updated information to the
PHA regarding the family's income, expenses, and composition [24 CFR 982.551(b)].
IRCHSD Policy
In the notification letter to the family, IRCHSD will include instructions for the family to submit
the following:
• Documentation of all income declared by the family on their Personal Declaration and/or
as requested by IRCHSD;
• Verification of all assets, when the total value of assets is equal to or greater
than $50,000
• Documentation of any deductions/allowances declared by the family;
• Personal Declaration form completed by head of household, and signed and dated by
all family members aged 18 and older; and
• Authorization for the Release of Information Forms completed by head of household
and signed and dated by all family members aged 18 and older.
If the family fails to submit some or all of their required documents by the deadline noted in the
first notification letter, and has not made prior arrangements with IRCHSD, IRCHSD will mail a
second notification letter to the family. The second letter will outline the steps necessary for the
family to complete their review.
If the family fails to respond to the second notice, and has not rescheduled or made prior
arrangements, IRCHSD will send the family notice of termination and offer them an informal
hearing (See Chapter 12).
Exceptions to these policies may be made by IRCHSD Manager if the family is able to document
an emergency situation that prevented them from responding to the recertification notices, or, if
requested, as a reasonable accommodation for a person with a disability.
IRCHSD will follow the verification procedures and guidelines described in Chapter 9.
Tenant -supplied verification documents for re-examinations must be current within 90
days of the submission deadline date stated in the family's initial notification letter.
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Administrative Plan Indian River County Housing Services Division
Additionally, HUD recommends that at annual reexaminations PHAs ask whether the tenant, or any
member of the tenant's household, is subject to a lifetime sex offender registration requirement in any
state [Notice PIH 2012-28].
IRCHSD Policy
At the annual reexamination, IRCHSD will ask whether the tenant, or any member of the
tenant's household, is subject to a lifetime sex offender registration requirement in any state.
IRCHSD may use the Dru Sjodin National Sex Offender database to verify the information
provided by the tenant.
If the PHA proposes to terminate assistance based on lifetime sex offender registration information, the
PHA must notify the household of the proposed action and must provide the subject of the record and the
tenant a copy of the record and an opportunity to dispute the accuracy and relevance of the information
prior to termination. [24 CFR 5.903(f) and 5.905(d)]. (See Chapter 12.)
The information provided by the family generally must be verified in accordance with the policies in
Chapter 7. Unless the family reports a change, or the PHA has reason to believe a change has occurred
in information previously reported by the family, certain types of information that are verified at admission
typically do not need to be re -verified on an annual basis. These include:
• Legal identity
• Age
• Social security number
• A person's disability
• Citizenship or immigration status
If adding a new family member to the unit causes overcrowding according to the space standards (see
chapter 8), IRCHSD must issue the family a new voucher, and the family and PHA must try to find an
acceptable unit as soon as possible. If an acceptable unit available for rental by the family, IRCHSD
must terminate the HAP contract in accordance with its terms [24 CFR 982.4031
11-1 E. DETERMINING ONGOING ELIGIBILITY OF CERTAIN STUDENTS2( 4 CFR
982.552(B)(5)1
Section 327 of Public Law 109-115 established new restrictions on the ongoing eligibility of certain
students (both part- and full-time) who are enrolled in institutions of higher education.
If a student enrolled in an institution of higher education is under the age of 24, is not a veteran, is not
married, does not have a dependent child, and is not a person with disabilities receiving HCV assistance
as of November 30, 2005, the student's eligibility must be reexamined along with the income eligibility of
the student's parents on an annual basis. In these cases, both the student and the student's parents must
be income eligible for the student to continue to receive HCV assistance. If, however, a student in these
circumstances is determined independent from their parents or is considered a vulnerable youth in
accordance with PHA policy, the income of the student's parents will not be considered in determining the
student's ongoing eligibility.
Students who reside with parents in an HCV assisted unit are not subject to this provision. It is limited to
students who are receiving assistance on their own, separately from their parents.
IRCHSD Policy
During the annual reexamination process, IRCHSD will determine the ongoing eligibility of
each student who is subject to the eligibility restrictions in 24 CFR 5.612 by reviewing the
student's individual income as well as the income of the student's parents. If the student has
been determined "independent" from their parents or is considered a vulnerable youth based
on the policies in Sections 3-II.E and 7-II.E, the parents' income will not be reviewed.
If the student is no longer income eligible based on their own income or the income of their
parents, the student's assistance will be terminated in accordance with the policies in Section 12-
I.D.
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Administrative Plan Indian River County Housing Services Division
If the student continues to be income eligible based on their own income and the income of their
parents (if applicable), IRCHSD will process a reexamination in accordance with the policies in
this chapter.
11-1 F. EFFECTIVE DATES
The PHA must establish policies concerning the effective date of changes that result from an annual
reexamination [24 CFR 982.516].
IRCHSD Policy
Moves between Re -Examinations
When a family moves to another dwelling unit, the annual recertification will be re-
scheduled to correspond with the effective date of the new HAP Contract. Any change in family
portion will take effect on the effective date of the new lease. Income limits are not used as a
test for continued eligibility at recertification.
Tenant Rent Increases
If tenant rent increases, as the result of an annual reexamination, a 30 -day notice is mailed to the
family prior to the scheduled effective date of the annual recertification or update.
If less than 30 days are remaining before the scheduled effective date of the annual recertification
or update, and the delay is not due caused by the participant, the tenant rent increase will be
covered until the first of the month following the 30 -day notice.
If there has been a misrepresentation or a material omission by the family, or if the family causes
a delay in the re-examination processing, there will be a retroactive increase in rent to the
scheduled effective date of the annual recertification. The family will be responsible for any
overpaid subsidy and may be offered a repayment agreement in accordance with the policies in
chapter 16.
Tenant rent decreases
If the family causes a delay so that the processing of the re-examination is not complete by
the anniversary date, the rent change will be effective on the first day of the month following
completion of the re-examination processing by IRCHSD.
Delays in reexamination processing are considered to be caused by the family if the family fails to
provide information requested by IRCHSD by the date specified, and this delay prevents IRCHSD
from completing the reexamination as scheduled.
Redetermination of Annual Reexamination Effective Date
If IRCHSD chooses to schedule an annual reexamination for completion prior to the family's
anniversary date for administrative purposes, the effective date will be determined by IRCHSD.
Part II: Interim Reexaminations F24 CFR 982.516
11-11 A. OVERVIEW
Family circumstances may change between annual reexaminations. HUD and PHA policies dictate what
kinds of information about changes in family circumstances must be reported, and under what
circumstances the PHA must process interim reexaminations to reflect those changes. HUD regulations
also permit the PHA to conduct interim reexaminations of income or family composition at any time. When
an interim reexamination is conducted, only those factors that have changed are verified and adjusted
[HCV GB, p. 12-10].
In addition to specifying what information the family must report, HUD regulations permit the family to
request an interim determination if other aspects of the family's income or composition changes. The
PHA must complete the interim reexamination within a reasonable time after the family's request.
This part includes HUD and the PHA policies describing what changes families are required to report,
what changes families may choose to report, and how the PHA will process both PHA- and family -
initiated interim reexaminations.
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11 -II B. CHANGES IN FAMILY AND HOUSEHOLD COMPOSITION
The family is required to report all changes in family composition. The PHA must adopt policies
prescribing when and under what conditions the family must report changes in income and family
composition. However, due to family obligations under the program, the PHA has limited discretion in this
area.
IRCHSD Polic
IRCHSD will conduct interim reexaminations to account for any changes in household composition
that occur between annual reexaminations. All changes, e.g., family composition, income, marriage,
etc., must be reported to IRCHSD no later than the 18th of the month when the change took place.
New Family Members Not Requiring IRCHSD Approval
The addition of a family member as a result of birth, adoption, or court -awarded custody does not require
PHA approval. However, the family is required to promptly notify the PHA of the addition [24 CFR
982.551(h)(2)].
IRCHSD Policy
For additions due to birth, adoption, or court -awarded custody, the family must report the new
family member(s) within 10 days of the addition of the new member.
New Family and Household Members Requiring Approval
With the exception of children who join the family as a result of birth, adoption, or court -awarded custody,
a family must request PHA approval to add a new family member [24 CFR 982.551(h)(2)]
or another household member (live-in aide or foster child) [24 CFR 982.551(h)(4)].
Although the PHA must verify aspects of program eligibility when any new family member is added, the
Streamlining Final Rule removed the requirement that PHAs conduct a reexamination of income
whenever a new family member is added. The PHA may state in policy that an income reexamination will
be conducted.
If a change in family size causes a violation of space standards (see Chapter 8), the PHA must issue the
family a new voucher, and the family and PHA must try to find an acceptable unit as soon as possible. If
an acceptable unit is available for rental by the family, the PHA must terminate the family's HAP contract
in accordance with its terms [24 CFR 982.403].
IRCHSD Poli °
For all household additions other than those additions due to birth, adoption, or court -awarded
custody, prior to the person(s) moving into the unit the household must; 1) first receive the
landlord's approval of the household member to be added; and 2) after receiving the landlord's
approval, receive IRCHSD's approval of the person(s) to be added to the household.
This includes any person not on the lease who is expected to stay in the unit for more than 30
consecutive days or 90 cumulative days within a 12 -month period and therefore no longer
qualifies as a "guest."
Any adult not included on HUD Form 50058 who has been in the unit more than 30 consecutive
days without IRCHSD approval, or a total of 90 days in a 12 -month period, will be considered to
be living in the unit as an unauthorized household member. In extenuating circumstances, a
participant may request an extension of these time periods which IRCHSD will consider on a
case-by-case basis.
Prospective adult additions must meet all standards for participant acceptance
including a previous program compliance history, criminal history, and cannot owe money to any
PHA. In addition, the household must continue to qualify for a voucher minimum HAP with the
verified income of the modified household, including the additional person.
Minors may be added to the household if the subsidized residence will be their primary
residence; that is, reside at the residence (at least 51 % of the time). Documents that are
acceptable evidence of primary residency include but are not limited to: signed income tax
returns, school records, birth certificates, child support payment records, parenting agreements,
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Administrative Plan Indian River County Housing Services Division
notarized letters of parents or guardians regarding the residency of the minor, Medicaid or Social
Security documentation, other relevant documentation from a state or federal agency, adoption
decrees, and court orders. If an inconsistency is found, IRCHSD may require additional
documentation, such as proof of custody.
If any new family member is added, family income must include any income of the new family
member. IRCHSD will conduct an interim re-examination to review such additional income and will
make the appropriate adjustments in the Housing Assistance Payment and family unit size.
Any new family member claiming to be a U.S. citizen or have eligible immigration status must be
declared and verified as required before moving into the unit.
Departure of a Family or Household Member
Families must promptly notify the PHA if any family member no longer lives in the unit [24 CFR
982.551(h)(3)]. Because household members are considered when determining the family unit (voucher)
size [24 CFR 982.402], the PHA also needs to know when any live-in aide, foster child, or foster adult
ceases to reside in the unit.
IRCHSD Policy
If a household member ceases to reside in the unit, the family must inform IRCHSD
within 10 business days. This requirement also applies to a family member who has been
considered temporarily absent at the point that the family concludes the individual is permanently
absent.
If a live-in aide, foster child, or foster adult ceases to reside in the unit, the family must inform
IRCHSD within 10 business days.
11 -II C. CHANGES AFFECTING INCOME OR EXPENSES
Interim reexaminations can be scheduled either because the PHA has reason to believe that changes in
income or expenses may have occurred, or because the family reports a change. When a family reports a
change, the PHA may take different actions depending on whether the family reported the change
voluntarily, or because it was required to do so.
PHA -Initiated Interim Reexaminations
PHA -initiated interim reexaminations are those that are scheduled based on circumstances or criteria
defined by the PHA. They are not scheduled because of changes reported by the family.
IRCHSD Policy
IRCHSD will conduct interim reexaminations in each of the following instances:
• For families receiving the Earned Income Disallowance (EID), there will be an
interim reexamination at the end of the 12 -month phase in and at the
conclusion.
• If the family has reported zero income, IRCHSD will conduct an interim reexamination
every 3 months as long as the family continues to report that they have no income. The
family will be required to complete a zero income worksheet and the in-kind and
contribution amounts will be used as an income.
• If at the time of the annual reexamination, it is not feasible to anticipate a level of
income for the next 12 months (e.g. seasonal or cyclic income), IRCHSD will schedule
an interim reexamination to coincide with the end of the period for which it is feasible to
project income.
• If at the time of the annual reexamination, tenant declarations were used on a
provisional basis due to the lack of third -party verification, and third -party verification
becomes available, IRCHSD will conduct an interim reexamination.
• IRCHSD may conduct an interim reexamination at any time in order to correct an error in
a previous reexamination, or to investigate a tenant fraud complaint.
pg. 186
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Administrative Plan Indian River County Housing Services Division
Family -Initiated Interim Reexaminations
The PHA must adopt policies prescribing when and under what conditions the family must report changes
in family income or expenses [24 CFR 982.516(c)]. In addition, HUD regulations require that the family be
permitted to obtain an interim reexamination any time the family has experienced a change in
circumstances since the last determination [24 CFR 982.516(b)(2)].
Required Reporting
HUD regulations give the PHA the freedom to determine the circumstances under which families will be
required to report changes affecting income.
IRCHSD Folic
IRCHSD will conduct interim reexaminations in accordance with the Housing Opportunity Through
Modernization Act (HOTMA) regulations. Families are required to report all changes in income
(both increases and decreases), allowable expenses, and changes in household composition
within ten (10) business days of the effective date of the change. Interim reexaminations will be
conducted when the PHA becomes aware of an increase or decrease in the family's annual
adjusted income that is expected to result in a change of ten percent (10%) or more.
Interim reexaminations will not be conducted for increases in earned income unless the family
previously received an interim reexamination for a decrease in income during the same annual
cycle. The PHA will not conduct an interim for income increases that are reported within the final
three months of the family's annual reexamination cycle. For income decreases, IRCHSD will
process an interim if the adjusted income is expected to decrease by ten percent (10%) or more,
or in cases where the family reports a new job, a change in job type, or a change in income
source. Interim reexaminations will also be conducted when a family experiences a reduction in
household size due to death or permanent departure.
For families eligible for the Earned Income Disallowance (EID), interim reexaminations will be
processed when the EID results in a change to the family's share of rent.
The effective date for rent decreases resulting from interim reexaminations will be no later than the
first day of the month following the date the PHA completes the reexamination. Rent increases
resulting from interim reexaminations will take effect on the first of the month following a 30 -day
written notice for the family.
Optional Reporting
The family may request an interim reexamination any time the family has experienced a change in
circumstances since the last determination [24 CFR 982.516(b)(2)]. The PHA must process the request if
the family reports a change that will result in a reduced family income [HCV GB, p. 12-9].
If a family reports a decrease in income from the loss of welfare benefits due to fraud or non-compliance
with a welfare agency requirement to participate in an economic self-sufficiency program, the family's
share of the rent will not be reduced [24 CFR 5.615]. For more information regarding the requirement to
impute welfare income see Chapter 6.
IRCHSD Policy
Participants may report a decrease in income and other changes which would reduce the amount
of tenant rent, such as an increase in allowances or deductions. IRCHSD must calculate the
change in tenant rent if a decrease in income is reported or increases in allowances or
deductions.
Income Changes Resulting from Welfare Program Requirements
IRCHSD Policy
IRCHSD will not reduce the family share of rent for families whose welfare assistance is reduced
due to a "specified welfare benefit reduction," which is a reduction in benefits by the welfare
agency specifically because of:
• Fraud in connection with the welfare program; or
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Administrative Plan Indian River County Housing Services Division
• Non-compliance with a welfare agency requirement to participate in an economic
self-sufficiency program.
However, IRCHSD will reduce the rent if the welfare assistance reduction is a result of:
• The expiration of a lifetime time limit on receiving benefits;
• A reduction in welfare assistance resulting from the family's failure to obtain
employment, after having complied with welfare program requirements; or
• A reduction in welfare assistance resulting from a family member's failure to comply
with other welfare agency requirements.
Families Affected by Welfare Rules
Families are affected by the welfare rules discussed above if they receive benefits for welfare or
public assistance from a state or public agency program which requires, as a condition of
eligibility to receive assistance, the participation of a family member in an economic self-
sufficiency program.
Definition of "Imputed Welfare Income"
"Imputed welfare income" is the amount of annual income, not actually received by a family, as a
result of a specified welfare benefit reduction, that is included in the family's income for purposes
of determining rent.
The amount of imputed welfare income is determined by IRCHSD, based on written
information supplied to IRCHSD by the welfare agency, including:
• The amount of the benefit reduction;
• The term of the benefit reduction;
• The reason for the reduction; and
• Subsequent changes in the term or amount of the benefit reduction.
The family's annual income will include the imputed welfare income, as determined at the family's
annual or interim re-examination, during the term of the welfare benefits reduction specified by
the welfare agency.
The amount of imputed welfare income will be offset by the amount of additional income the
family receives that commences after the sanction was imposed. When additional income from
other sources is at least equal to the imputed welfare income, the imputed welfare income will be
reduced to zero.
If the family was not an assisted resident when the welfare sanction began, imputed welfare
income will not be included in annual income.
Verification before Denying a Request to Reduce Rent
IRCHSD will obtain written verification or verbal phone verification from the welfare agency
stating that the family's benefits have been reduced due to fraud or non-compliance with welfare
agency economic self-sufficiency or work activity requirements before denying the family's
request for rent reduction.
IRCHSD will rely on the welfare agency's written notice or verbal phone verification regarding
welfare sanctions.
Family Dispute of Amount of Imputed Welfare Income
If the family disputes the amount of imputed income, the Certification Specialist II along with HCV
Manager will review the calculation for accuracy.
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Administrative Plan Indian River County Housing Services Division
If IRCHSD denies the family's request to modify the amount, IRCHSD will provide the tenant with
a notice of denial, which will include:
• An explanation for IRCHSD's determination of the amount of imputed welfare income;
• A statement that the tenant may request an informal hearing; and
• A statement that the grievance information received from the welfare agency cannot be
disputed at the informal hearing, and the issue to be examined at the informal hearing will
be IRCHSD's determination of the amount of imputed welfare income, not the welfare
agency's determination to sanction the welfare benefits.
11 -II D. PROCESSING THE INTERIM REEXAMINATION
Method of Reporting
IRCHSD Policy
The family may notify IRCHSD of changes either orally or in writing. If the family provides oral
notice or written notice, staff will require the family to make an appointment to submit the changes,
which will require additional documents.
Generally, the family may or may not be required to attend an interview for an interim
reexamination. However, if it is determined that an interview is warranted, the family may be
required to attend.
Based on the type of change reported, the staff will determine the documentation the family will be
required to submit. The family must submit any required information or documents within 10
business days of receiving a request from the PHA. This time frame may be extended for good
cause with approval. IRCHSD will accept required documentation by mail, by email, by fax, or in
person.
Effective Dates
The PHA must establish the time frames in which any changes that result from an interim reexamination
will take effect [24 CFR 982.516(d)]. The changes may be applied either retroactively or prospectively,
depending on whether there is to be an increase or a decrease in the family share of the rent, and
whether the family reported any required information within the required time frames [HCV GB, p. 12-101.
IRCHSD Policy
All participant requests for interim reviews must be submitted either orally or in writing. If the family
fails to report a change within 10 business days of the change or fails to provide documentation or
signatures in a timely manner at the request of IRCHSD staff, it will be considered untimely
reporting.
Procedures When the Change is reported in a Timely Manner
IRCHSD will notify the family and the owner of any change in the Housing Assistance Payment,
which will take effect according to the following guidelines:
• Increases in the tenant rent are effective on the first of the month following at least a
30 -day notice; and
• Decreases in the tenant rent are effective the first of the month following the month in
which the change is reported, within the limitations described above for timely
notification of reduced income. In general, rent reductions will not be processed until all
the facts have been verified. However, a change may be implemented based on
documentation provided by the family, pending third -party written verification.
Procedures When the Change is Not Reported by the Family in a Timely Manner
The following guidelines will apply:
• Increases in tenant rent will be effective retroactive to the date it would have been
effective had it been reported on a timely basis. The family will be liable for any overpaid
housing assistance and may be required to sign a repayment agreement; and
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Administrative Plan Indian River County Housing Services Division
Decreases in tenant rent will be canceled if the family fails to submit all relevant
documentation within required timeframes. The family will be required to report
the change again when documentation is available.
All requests for exceptions to the above standards will be referred to the
appropriate Manager for final decision and follow-up.
Procedures When the Change is Not Processed by IRCHSD in a Timely Manner
"Processed in a timely manner" means that the change goes into effect on the date it should, by
policy, when the family reports the change in a timely manner. If the change cannot be
made effective on that date, the change is not processed by IRCHSD in a timely manner.
In the event that a change is not processed by IRCHSD in a timely manner, an increase
will be effective after the required 30 -day notice prior to the first of the month after
completion of processing by IRCHSD.
If the change resulted in a decrease, the overpayment by the family will be
calculated retroactively to the date it should have been effective, and the owner will be credited
for the amount the HAP was underpaid. The owner will then be responsible for crediting or
reimbursing the family for any rent they overpaid during this period.
Part III: Recalculating Family Share and Subsidy Amount
11 -III A. OVERVIEW
After gathering and verifying required information for an annual or interim reexamination, the PHA must
recalculate the family share of the rent and the subsidy amount and notify the family and owner of the
changes [24 CFR 982.516(d)(2), HCV 12-6 and 12-101. While the basic policies that govern these
calculations are provided in Chapter 6, this part lays out policies that affect these calculations during a
reexamination.
11 -III B. CHANGES IN PAYMENT STANDARDS AND UTILITY ALLOWANCES
In order to calculate the family share of the rent and HAP amount correctly, changes in payment
standards, subsidy standards, or utility allowances may need to be updated and included in the
PHA's calculations.
Specific policies governing how subsidy standards, payment standards, and utility allowances are
applied are discussed below.
Payment Standards [24 CFR 982.5051
The family share of the rent and HAP calculations must use the correct payment standard for the family,
taking into consideration the family unit size, the size of unit, and the area in which the unit is located
[HCV GB, p. 12-5]. See Chapter 6 for information on how to select the appropriate payment standard.
When the PHA changes its payment standards or the family's situation changes, new payment
standards are applied at the following times:
If the PHA's payment standard amount changes during the term of the HAP contract, the date
on which the new standard is applied depends on whether the standard has increased or
decreased:
If the payment standard amount has increased, the increased payment standard will be
applied at the first annual reexamination following the effective date of the increase in
the payment standard.
If the payment standard amount has decreased, during the term of a HAP contract, the
PHA is not required to reduce the payment standard as the HAP contract remains in effect.
At the family's second annual reexamination, the PHA may, but is not required to, apply the
decreased payment standard or may gradually implement the reduced payment standard
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Administrative Plan Indian River County Housing Services Division
(See Chapter 6 for the PHA's policy on decreases in the payment standard).
• If the family moves to a new unit, or a new HAP contract is executed due to changes in the lease
(even if the family remains in place) the current payment standard applicable to the family will be
used when the new HAP contract is processed.
Subsidy Standards [24 CFR 982.505(c)(4)1
If there is a change in the family unit size that would apply to a family during the HAP contract term, either
due to a change in family composition, or a change in the PHA's subsidy standards (see Chapter 5), the
family will be notified of the new family unit size at their next annual reexamination. The new family unit
size must be used to determine the payment standard amount for the family at the family's first annual
reexamination following notification.
Utility Allowances [24 CFR 982.517(d)1
The family share of the rent and HAP calculations must reflect any changes in the family's utility
arrangement with the owner, or in the PHA's utility allowance schedule [HCV GB, p. 12-5]. Chapter 16
discusses how utility allowance schedules are established.
When there are changes in the utility arrangement with the owner, the PHA must use the utility
allowances in effect at the time the new lease and HAP contract are executed.
At reexamination, the PHA must use the PHA's current utility allowance schedule [HCV GB, p. 18-8].
IRCHSD Policy
Revised utility allowances will be applied to a family's rent and subsidy calculations at the first
reexamination after the allowance is adopted.
11 -III C. NOTIFICATION OF NEW FAMILY SHARE AND HAP AMOUNT
The PHA must notify the owner and family of any changes in the amount of the HAP payment [HUD -
52641, HAP Contract]. The notice must include the following information [HCV GB, p. 12-6]:
• The amount and effective date of the new HAP payment
• The amount and effective date of the new family share of the rent
• The amount and effective date of the new tenant rent to owner.
The family must be given an opportunity for an informal hearing regarding the PHA's determination of
their annual or adjusted income, and the use of such income to compute the housing assistance payment
[24 CFR 982.555(a)(1)(i)] (see Chapter 16).
IRCHSD Policy
The notice to the family will include the annual and adjusted income amounts that were used to
calculate the family share of the rent and the housing assistance payment. The notice also will
state the procedures for requesting an informal hearing.
11 -III D. DISCREPANCIES
During an annual or interim reexamination, the PHA may discover that information previously reported by
the family was in error, or that the family intentionally misrepresented information. In addition, the PHA
may discover errors made by the PHA. When errors resulting in the overpayment or underpayment of
subsidy are discovered, corrections will be made in accordance with the policies in Chapter 13.
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Chapter 12: Termination of Assistance and Tenancy
HUD regulations specify mandatory and optional grounds for which a PHA can terminate a family's
assistance. They also specify the circumstances under which an owner may terminate the tenancy of an
assisted family. This chapter describes the policies that govern mandatory and optional terminations of
assistance, and termination of tenancy by the owner.
Part I: Grounds for Termination of Assistance. This part describes the various circumstances
under which assistance under the program can be terminated by the family or by IRCHSD.
Part II: Approach to Termination of Assistance. This part describes the policies and the process
that IRCHSD will use in evaluating decisions on whether to terminate assistance due to actions
or inactions of the family where termination is an option. It specifies the alternatives that
IRCHSD may consider in lieu of termination, the criteria IRCHSD will use when deciding what
action to take, and the steps IRCHSD must take when terminating a family's assistance.
Part III: Termination of Tenancy by the Owner. This part describes the HUD policies that govern
the owner's right to terminate an assisted tenancy.
Part I: Grounds for Termination of Assistance
12-1 A. OVERVIEW
HUD requires the PHA to terminate assistance for certain actions and inactions of the family and when the
family no longer requires assistance due to increases in family income. HUD permits the PHA to terminate
assistance for certain other actions or inactions of the family. In addition, a family may decide to withdraw
from the program and terminate their HCV assistance at any time by notifying the PHA.
12-113. FAMILY NO LONGER REQUIRES ASSISTANCE [24 CFR 982.4551
As a family's income increases, the amount of the housing assistance payment decreases. If the amount
of assistance provided by the PHA is reduced to zero, the family's assistance terminates
automatically 180 days after the last HAP payment.
IRCHSD Policy
If a participating family receiving zero assistance experiences a change in circumstances that
would result in a HAP payment to the owner, the family must notify IRCHSD of the change
and request an interim reexamination before the expiration of the 180 -day period.
12-1 C. FAMILY CHOOSES TO TERMINATE ASSISTANCE
The family may request that the PHA terminate housing assistance payments on behalf of the family at
any time.
IRCHSD Polio
The request to terminate assistance should be made in writing and signed by the head of
household, and spouse or cohead if applicable. Before terminating the family's assistance,
IRCHSD will follow the notice requirements in Section 12-II.F.
12-1 D. HOUSING ASSURANCE OPTION
IRCHSD Policy
IRCHSD does not administer a Housing Assurance Option.
12-1 E. MANDATORY TERMINATION OF ASSISTANCE
HUD requires the PHA to terminate assistance in the following circumstances.
Eviction [24 CFR 982.552(b)(2), 24 CFR 5.2005(c)(1)1
The PHA must terminate assistance whenever a family is evicted from a unit assisted under the PHA
Program for a serious or repeated violation of the lease. As discussed further in section 12 -II. E,
incidents of actual or threatened domestic violence, dating violence, sexual assault, or stalking may not
be construed as serious or repeated violations of the lease by the victim or threatened victim of such
violence or stalking.
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IRCHSD Policy
A family will be considered evicted if the family moves after a legal eviction order has been
issued, whether or not physical enforcement of the order was necessary.
If a family moves after the owner has given the family an eviction notice for serious or repeated
lease violations but before a legal eviction order has been issued, termination of assistance is not
mandatory. In such cases IRCHSD will determine whether the family has committed serious or
repeated violations of the lease based on available evidence and may terminate assistance or
take any of the alternative measures described in section 1211.C. In making its decision, IRCHSD
will consider the factors described in sections 12 -II. D and 12-II.E. Upon consideration of such
factors, IRCHSD may, on a case-by-case basis, choose not to terminate assistance.
Serious and repeated lease violations will include, but not be limited to, nonpayment of rent,
disturbance of neighbors, destruction of property, or living or housekeeping habits that cause
damage to the unit or premises and criminal activity. Generally, the criterion to be used will
be whether or not the reason for the eviction was the fault of the tenant or guests.
Failure to Provide Consent f24 CFR 982.552(b)(3)1
The PHA must terminate assistance if any family member fails to sign and submit any consent form they
are required to sign for a regular or interim reexamination. See Chapter 7 for a complete discussion of
consent requirements.
Failure to Document Citizenship [24 CFR 982.552(b)(4) and [24 CFR 5.514(c)1
The PHA must terminate assistance if (1) a family fails to submit required documentation within the
required timeframe concerning any family member's citizenship or immigration status; (2) a family submits
evidence of citizenship and eligible immigration status in a timely manner, but United States Citizenship
and Immigration Services (USCIS) primary and secondary verification does not verify eligible immigration
status of the family; or (3) a family member, as determined by the PHA, has knowingly permitted another
individual who is not eligible for assistance to reside (on a permanent basis) in the unit.
For (3) above, such termination must be for a period of at least 24 months. This does not apply to
ineligible noncitizens already in the household where the family's assistance has been prorated. See
Chapter 7 for a complete discussion of documentation requirements.
Failure to Disclose and Document Social Security Numbers [24 CFR 5.218(c), Notice PIH 2018-241
The PHA must terminate assistance if a participant family fails to disclose the complete and accurate
social security numbers of each household member and the documentation necessary to verify each
social security number.
However, if the family is otherwise eligible for continued program assistance, and the PHA determines
that the family's failure to meet the SSN disclosure and documentation requirements was due to
circumstances that could not have been foreseen and were outside of the family's control, the PHA may
defer the family's termination and provide the opportunity to comply with the requirement within a period
not to exceed 90 calendar days from the date the PHA determined the family to be noncompliant.
iRC CSD Policy
IRCHSD will defer the family's termination and provide the family with the opportunity to comply
with the requirement for a period of 90 calendar days for circumstances beyond the participant's
control such as delayed processing of the SSN application by the SSA, natural disaster, fire,
death in the family, or other emergency, if there is a reasonable likelihood that the participant will
be able to disclose an SSN by the deadline.
Methamphetamine Manufacture or Production [24 CFR 982.553(b)(1)(ii)1
The PHA must terminate assistance if any household member has ever been convicted of the
manufacture or production of methamphetamine on the premises of federally -assisted housing.
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Lifetime Registered Sex Offenders [Notice PIH 2012-281
Should a PHA discover that a member of an assisted household was subject to a lifetime registration
requirement at admission and was erroneously admitted after June 25, 2001, the PHA must immediately
terminate assistance for the household member.
In this situation, the PHA must offer the family the opportunity to remove the ineligible family member from
the household. If the family is unwilling to remove that individual from the household, the PHA must
terminate assistance for the household.
Failure of Students to Meet Ongoing Eligibility Requirements [24 CFR 982.552(b)(5) and FR
4/10/06]
If a student enrolled at an institution of higher education is under the age of 24, is not a veteran, is not
married, does not have dependent children, is not residing with their parents in an HCV assisted
household, and is not a person with disabilities receiving HCV assistance as of November 30, 2005, the
PHA must the terminate the student's assistance if, at the time of reexamination, either the student's
income or the income of the student's parents (if applicable) exceeds the applicable income limit.
If a participant household consists of both eligible and ineligible students, the eligible students shall not be
terminated but must be issued a voucher to move with continued assistance in accordance with program
regulations and PHA policies, or must be given the opportunity to lease in place if the terminated ineligible
student members elect to move out of the assisted unit.
Death of the Sole Family Member [24 CFR 982.311(d) and Notice PIH 2010-91
The PHA must immediately terminate program assistance for deceased single member households.
12-1 F. MANDATORY POLICIES AND OTHER AUTHORIZED TERMINATIONS
Mandatory Policies [24 CFR 982.553(b) and 982.551(1)1
HUD requires the PHA to establish policies that permit the PHA to terminate assistance if the
PHA determines that:
• Any household member is currently engaged in any illegal use of a drug, or has a pattern
of illegal drug use that interferes with the health, safety, or right to peaceful enjoyment of
the premises by other residents
• Any household member's abuse or pattern of abuse of alcohol may threaten the health, safety,
or right to peaceful enjoyment of the premises by other residents
• Any household member has violated the family's obligation not to engage in any drug-related
criminal activity
• Any household member has violated the family's obligation not to engage in violent criminal
activity
Use of Illegal Drugs and Alcohol Abuse
IRCHSD Policy
IRCHSD will terminate a family's assistance if any household member is currently engaged in any
illegal use of a drug or has a pattern of illegal drug use that interferes with the health, safety, or
right to peaceful enjoyment of the premises by other residents.
IRCHSD will terminate assistance if any household member's abuse or pattern of abuse of alcohol
threatens the health, safety, or right to peaceful enjoyment of the premises by other residents.
Currently engaged in is defined as any use of illegal drugs during the previous six months.
IRCHSD will consider all credible evidence, including but not limited to, any record of arrests,
convictions, or eviction of household members related to the use of illegal drugs or abuse of
alcohol.
A record of arrest(s) will not be used as the basis for the termination or proof that the participant
engaged in disqualifying criminal activity.
pg. 194
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In making its decision to terminate assistance, staff will consider alternatives as described in
Section 12-II.0 and other factors described in Sections 12 -ILD and 12-II.E. Upon consideration of
such alternatives and factors, the staff may, on a case-by-case basis, choose not to terminate
assistance.
Drug -Related and Violent Criminal Activity (24 CFR 5.1001
Drug means a controlled substance as defined in section 102 of the Controlled Substances Act (21
U.S.C. 802).
Drug-related criminal activity is defined by HUD as the illegal manufacture, sale, distribution, or use of a
drug, or the possession of a drug with intent to manufacture, sell, distribute or use the drug.
Violent criminal activity means any criminal activity that has as one of its elements the use, attempted
use, or threatened use of physical force substantial enough to cause, or be reasonably likely to
cause, serious bodily injury or property damage.
IRCHSD Policy
IRCHSD will terminate a family's assistance if any household member has violated the family's
obligation not to engage in any drug-related or violent criminal activity during participation in the
PHA Program.
IRCHSD will consider all credible evidence, including but not limited to, any record of arrests
and/or convictions of household members related to drug-related or violent criminal activity, and
any eviction or notice to evict based on drug-related or violent criminal activity.
A record of arrest(s) will not be used as the basis for the termination or proof that the participant
engaged in disqualifying criminal activity.
In making its decision to terminate assistance, the staff will consider alternatives as described in
Section 12-II.0 and other factors described in Sections 12 -ILD and 12-II.E. Upon consideration of
such alternatives and factors, they may, on a case-by-case basis, choose not to terminate
assistance.
Other Authorized Reasons for Termination of Assistance f24 CFR 982.552(c), 24 CFR 5.2005(c), 24
CFR 984.101(d)1
HUD permits the PHA to terminate assistance under a number of other circumstances. It is left to the
discretion of the PHA whether such circumstances in general warrant consideration for the termination of
assistance. As discussed further in section 12 -II. E, the Violence against Women Act of 2013 explicitly
prohibits PHAs from considering incidents of, or criminal activity directly related to, domestic violence,
dating violence, sexual assault, or stalking as reasons for terminating the assistance of a victim of such
abuse.
Additionally, per 24 CFR 984.101(d), PHAs are no longer permitted to terminate assistance to a family
due to the family's failure to meet its obligations under the Family Self -Sufficiency (FSS) contract of
participation.
IRCHSD Policy
IRCHSD may terminate a family's assistance if:
• The family has failed to comply with any family obligations under the program. See
Exhibit 12-1 for a listing of family obligations and related PHA policies.
• Discovery of facts after admission that would have made the resident ineligible for
the program. Discovery of materially false statements or representations by the
resident.
• Any family member has been evicted from federally assisted housing in the last ten
years.
• Any PHA has ever terminated assistance under the program for any member of the
family.
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• Any family member has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program.
• The family currently owes rent or other amounts to any PHA in connection with
Section 8 or public housing assistance under the 1937 Act.
• The family has not reimbursed any PHA for amounts the PHA paid to an owner
under a HAP contract for rent, damages to the unit, or other amounts owed by the
family under the lease.
• The family has breached the terms of a repayment agreement entered into with
IRCHSD.
• A family member has engaged in or threatened violent or abusive behavior
toward IRCHSD personnel.
Abusive or violent behavior towards PHA personnel includes verbal as well
as physical abuse or violence. Use of racial epithets, or other language,
written or oral, that is customarily used to intimidate may be considered
abusive or violent behavior.
Threating refers to oral or written threats or physical gestures that
communicate with the intent to abuse or commit violence.
In making its decision to terminate assistance, IRCHSD will consider alternatives as described in
Section 12-II.0 and other factors described in Sections 12 -II. D and 12-II.E. Upon consideration of
such alternatives and factors, IRCHSD may, on a case-by-case basis, choose not to terminate
assistance.
Family Absence from the Unit f24 CFR 982.3121
The family may be absent from the unit for brief periods. The PHA must establish a policy on how long
the family may be absent from the assisted unit. However, the family may not be absent from the unit for
a period of more than 180 consecutive calendar days for any reason. Absence in this context means that
no member of the family is residing in the unit.
mRCHS Policy
If the entire family is absent from a contracted unit for more than 180 consecutive days or if
IRCHSD otherwise determines that the unit has been vacated or abandoned, the unit will be
considered to be vacated, and the program participation will be terminated. Notice of termination
will be sent in accordance with Section 12-II.F.
Insufficient Funding f24 CFR 982.4541
The PHA may terminate HAP contracts if the PHA determines, in accordance with HUD requirements,
that funding under the consolidated ACC is insufficient to support continued assistance for families in the
program.
IRCHSD Policy
IRCHSD will determine whether there is sufficient funding to pay for currently assisted families
according to the policies in Part VIII of Chapter 16. If IRCHSD determines there is a shortage
of funding, prior to terminating any HAP contracts, IRCHSD will determine if any other actions
can be taken to reduce program costs.
If after implementing all reasonable cost cutting measures there is not enough funding available
to provide continued assistance for current participants, IRCHSD will terminate HAP contracts
as a last resort.
Prior to terminating any HAP contracts, IRCHSD will inform the local HUD field office.
IRCHSD will terminate the minimum number needed in order to reduce HAP costs to a level
within IRCHSD's annual budget authority.
If IRCHSD must terminate HAP contracts due to insufficient funding, IRCHSD will do so in
accordance with the following criteria:
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1. Non -elderly, non -disabled single member families;
2. Non -elderly, non -disabled families with no children under the age of 18;
3. Non -elderly, non -disabled families with children under the age of 18.
In the event that IRCHSD anticipates or is informed of federal appropriations reductions in
Housing Choice Vouchers that would affect IRCHSD's allocation, IRCHSD will seek to convene a
meeting with HUD and affordable housing stakeholders to inform them of potential consequences
and to receive input on any additional strategies to adapt to a reduced appropriation level.
Part 11: Approach to Termination of Assistance
12-11 A. OVERVIEW
The PHA is required by regulation to terminate a family's assistance for certain actions or inactions of the
family. For other types of actions or inactions of the family, the regulations give the PHA the authority to
either terminate the family's assistance or to take another action. This part discusses the various actions
the PHA may choose to take when it has discretion and outlines the criteria the PHA will use to make its
decision about whether or not to terminate assistance. It also specifies the requirements for the
notification to the family of the PHA's intent to terminate assistance.
12-11 B. METHOD OF TERMINATION [24 CFR W.552(A)(3)1
Termination of assistance for a participant may include any or all of the following:
• Terminating housing assistance payments under a current HAP contract,
• Refusing to enter into a new HAP contract or approve a lease, or
• Refusing to process a request for or to provide assistance under portability procedures.
12-11 C. ALTERNATIVES TO TERMINATION OF ASSISTANCE
Change in Household Composition
As a condition of continued assistance, the PHA may require that any household member who
participated in or was responsible for an offense no longer resides in the unit [24 CFR 982.552(c)(2)(ii)].
IRCHSD Policy
As a condition of continued assistance, the head of household must certify that the culpable family
member has vacated the unit and will not be permitted to visit or to stay as a guest in the assisted
unit. The family must present evidence of the former family member's current address upon
request. IRCHSD has zero tolerance for any violent and/or drug related incidents and will not allow
the family continued assistance if anyone commits a violent act or is engaging in any drug activity.
Repayment of Family Debts
IRCHSD Policy
If a family owes amounts to IRCHSD, as a condition of continued assistance, IRCHSD will
require the family to repay the full amount or to enter into a repayment agreement, within 30
days of receiving notice from IRCHSD of the amount owed. See Chapter 16 for policies on
repayment agreements.
12-11 D. CRITERIA FOR DECIDING TO TERMINATE ASSISTANCE
Evidence
For criminal activity, HUD permits the PHA to terminate assistance if a preponderance of the
evidence indicates that a household member has engaged in the activity, regardless of whether the
household member has been arrested or convicted [24 CFR 982.553(c)].
IRCHSD Policy
IRCHSD will use the concept of the preponderance of the evidence as the standard for making all
termination decisions.
If the family requests a hearing, IRCHSD shall be required to establish, by a preponderance of the
evidence, that a termination for criminal activity is justified. IRCHSD may terminate
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assistance whether the household member has been arrested or convicted for such activity
or not.
"Preponderance of evidence" is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence which as a
whole shows that the fact sought to be proved is more probable than not. The intent is not to
prove criminal liability, but to establish that the act(s) occurred. Preponderance of evidence may
not be determined by the number of witnesses, but by the greater weight of all evidence.
"Credible evidence" may be obtained from police and/or court records. Testimony from neighbors,
when combined with other factual evidence can be considered credible evidence.
Other credible evidence includes documentation of drug raids or arrest warrants.
Consideration of Circumstances [24 CFR 982.552(c)(2)(i)1
The PHA is permitted, but not required, to consider all relevant circumstances when determining whether
a family's assistance should be terminated.
IRCHSD Policy
IRCHSD will consider the following facts and circumstances when making its decision to terminate
assistance:
• The seriousness of the case, especially with respect to how it would affect other residents'
safety or property.
• The effects that termination of assistance may have on other members of the family who
were not involved in the action or failure to act.
• The extent of participation or culpability of individual family members, including whether
the culpable family member is a minor or a person with disabilities or (as discussed further
in section 12-II.E) a victim of domestic violence, dating violence, sexual assault or
stalking.
• The length of time since the violation occurred, including the age of the individual at the
time of the conduct, as well as the family's recent history and the likelihood of favorable
conduct in the future.
While a record of arrest(s) will not be used as the basis for termination, an arrest may, however,
trigger an investigation to determine whether the participant actually engaged in disqualifying
criminal activity. As part of its investigation, staff may obtain the police report associated with the
arrest and consider the reported circumstances of the arrest. IRCHSD may also consider:
• Any statements made by witnesses or the participant not included in the police report
• Whether criminal charges were filed
• Whether, if filed, criminal charges were abandoned, dismissed, not prosecuted, or
ultimately resulted in an acquittal
• Any other evidence relevant to determining whether or not the participant engaged in
disqualifying activity
Evidence of criminal conduct will be considered if it indicates a demonstrable risk to safety and/or
property.
In the case of drug or alcohol abuse, whether the culpable household member is participating in or
has successfully completed a supervised drug or alcohol rehabilitation program or has otherwise
been rehabilitated successfully.
IRCHSD will require the participant to submit evidence of the household member's current
participation in or successful completion of a supervised drug or alcohol rehabilitation program, or
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evidence of otherwise having been rehabilitated successfully.
In the case of program abuse, the dollar amount of the overpaid assistance and whether or not a
false certification was signed by the family.
Reasonable Accommodation [24 CFR 982.552(c)(2)(14)1
If the family includes a person with disabilities, the PHA's decision to terminate the family's assistance is
subject to consideration of reasonable accommodation in accordance with 24 CFR Part 8.
IRCHSD Policy
If termination is based upon behavior resulting from a disability and IRCHSD receives a request
for a reasonable accommodation, IRCHSD will delay a decision on the denial or termination
pending a decision on the request for reasonable accommodation. IRCHSD will only consider
accommodations that can reasonably be expected to address the behavior that is the basis of
the proposed termination of assistance. See Chapter 2 for a discussion of reasonable
accommodation.
Option Not to Terminate for Misrepresentation [24 CFR 982.551, 982.552(c)1
If the family has misrepresented any facts that caused the PHA to overpay assistance, the PHA may
terminate assistance or offer to continue assistance provided that the family executes a repayment
agreement and makes payments in accordance with the agreement and/or reimburses the PHA in full.
12 -II E. TERMINATIONS RELATED TO DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT OR STALKING
This section describes the protections against termination of assistance that the Violence against Women
Act of 2013 (VAWA) provides for victims of domestic violence, dating violence, sexual assault and
stalking. For general VAWA requirements, key VAWA definitions, and PHA policies pertaining to
notification, documentation, and confidentiality, see section 16 -IX of this plan.
VAWA Protections against Termination
VAWA provides four specific protections against termination of HCV assistance for victims of domestic
violence, dating violence, sexual assault or stalking. (Note. The second, third, and fourth protections also
apply to termination of tenancy or occupancy by owners participating in the PHA Program, as do the
limitations discussed under the next heading.)
First, VAWA provides that a PHA may not terminate assistance to a family that moves out of an assisted
unit in violation of the lease, with or without prior notification to the PHA, if the move occurred to protect
the health or safety of a family member who is or has been the victim of domestic violence, dating
violence, sexual assault or stalking and who reasonably believed they were imminently threatened by
harm from further violence if they remained in the unit [24 CFR 982.354(b)(4)].
Second, it provides that an incident or incidents of actual or threatened domestic violence, dating
violence, sexual assault or stalking may not be construed either as a serious or repeated lease violation
by the victim or as good cause to terminate the assistance of the victim [24 CFR 5.2005(c)(1)].
Third, it provides that criminal activity directly related to domestic violence, dating violence, sexual assault
or stalking may not be construed as cause for terminating the assistance of a tenant if a member of the
tenant's household, a guest, or another person under the tenant's control is the one engaging in the
criminal activity and the tenant or affiliated individual or other individual is the actual or threatened victim
of the domestic violence, dating violence, or stalking [24 CFR 5.2005(c)(2)].
Fourth, it gives PHAs the authority to terminate assistance to any tenant or lawful occupant who engages
in criminal acts of physical violence against family members or others without terminating assistance to,
or otherwise penalizing, the victim of the violence [24 CFR 5.2009(a)].
Limitations on VAWA Protections [24 CFR 5.2005(d) and (e)1
VAWA does not limit the authority of a PHA to terminate the assistance of a victim of abuse for reasons
unrelated to domestic violence, dating violence, sexual assault or stalking so long as the PHA does not
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subject the victim to a more demanding standard than it applies to other program participants [24 CFR
5.2005(d)(1)].
Likewise, VAWA does not limit the authority of a PHA to terminate the assistance of a victim of domestic
violence, dating violence, sexual assault or stalking if the PHA can demonstrate an actual and imminent
threat to other tenants or those employed at or providing service to the assisted property if the victim is not
terminated from assistance [24 CFR 5.2005(d)(2)].
HUD regulations define actual and imminent threat to mean words, gestures, actions, or other indicators
of a physical threat that (a) is real, (b) would occur within an immediate time frame, and (c) could result in
death or serious bodily harm [24 CFR 5.2005(d)(2) and (e)]. In determining whether an individual would
pose an actual and imminent threat, the factors to be considered include:
• The duration of the risk
• The nature and severity of the potential harm
• The likelihood that the potential harm will occur
• The length of time before the potential harm would occur [24 CFR 5.2005(e)]
In order to demonstrate an actual and imminent threat, the PHA must have objective evidence of words,
gestures, actions, or other indicators. Even when a victim poses an actual and imminent threat, however,
HUD regulations authorize a PHA to terminate the victim's assistance "only when there are no other
actions that could be taken to reduce or eliminate the threat" [24 CFR 5.2005(d)(3)].
IRCHSD Policy
In determining whether a program participant who is a victim of domestic violence, dating
violence, sexual assault or stalking is an actual and imminent threat to other tenants or those
employed at or providing service to a property, IRCHSD will consider the following, and any
other relevant, factors:
• Whether the threat is toward an employee or tenant other than the victim of domestic
violence, dating violence, sexual assault or stalking
• Whether the threat is a physical danger beyond a speculative threat
• Whether the threat is likely to happen within an immediate time frame
• Whether the threat to other tenants or employees can be eliminated in some other
way, such as by helping the victim relocate to a confidential location or seeking a legal
remedy to prevent the perpetrator from acting on the threat
If the participant wishes to contest IRCHSD's determination that they are an actual and
imminent threat to other tenants or employees, the participant may do so as part of the informal
hearing.
Documentation of Abuse [24 CFR 5.20071
IRCHSID1 Poli
When an individual facing termination of assistance for reasons related to domestic violence,
dating violence, sexual assault or stalking claims protection under VAWA, IRCHSD will
request that the individual provide documentation supporting the claim in accordance with the
policies in section 16-IX.D of this plan.
IRCHSD reserves the right to waive the documentation requirement if it determines that a
statement or other corroborating evidence from the individual will suffice. In such cases
IRCHSD will document the waiver in the individual's file.
Terminating the Assistance of a Domestic Violence Perpetrator
Although VAWA provides protection against termination of assistance for victims of domestic violence, it
does not provide such protection for perpetrators. VAWA gives the PHA the explicit authority to "terminate
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assistance to any individual who is a tenant or lawful occupant and who engages in criminal acts of physical
violence against family members or others" without terminating assistance to "or otherwise penalizing the
victim of such violence who is also a tenant or lawful occupant" [24 CFR 5.2009(a)]. This authority is not
dependent on a bifurcated lease or other eviction action by an owner against an individual family member.
Further, this authority supersedes any local, state, or other federal law to the contrary. However, if the PHA
chooses to exercise this authority, it must follow any procedures prescribed by HUD or by applicable local,
state, or federal law regarding termination of assistance. This means that the PHA must follow the same
rules when terminating assistance to an individual as it would when terminating the assistance of an
entire family [3/16/07 Federal Register notice on the applicability of VAWA to HUD programs].
If the perpetrator remains in the unit, the PHA continues to pay the owner until the PHA terminates the
perpetrator from the program. The PHA must not stop paying HAP until 30 days after the owner bifurcates
the lease to evict the perpetrator. The PHA may pay HAP for the full month if the 30 -day period will end
mid -month [Notice PIH 2017-081.
If the perpetrator is the only participant eligible to receive assistance, the PHA will provide any remaining
participant with a chance to establish eligibility for the program. If the remaining participant cannot do so,
the PHA will provide them with 30 days to establish eligibility for another housing program prior to
termination of the HAP contract.
IRCHSD Policy
IRCHSD will terminate assistance to a family member if IRCHSD determines that the family
member has committed criminal acts of physical violence against other family members or
others. This action will not affect the assistance of the remaining, nonculpable family members.
In making its decision, IRCHSD will consider all credible evidence, including, but not limited to,
a signed certification (form HUD -5382) or other documentation of abuse submitted to IRCHSD
by the victim in accordance with this section and section 161X.D. IRCHSD will also consider the
factors in section 12-II.D. Upon such consideration, IRCHSD may, on a case-by-case basis,
choose not to terminate the assistance of the culpable family member.
If IRCHSD does terminate the assistance of the culpable family member, it will do so in
accordance with applicable law, HUD regulations, and the policies in this plan.
12 -II F. TERMINATION NOTICE
HUD regulations require PHAs to provide written notice of termination of assistance to a family only when
the family is entitled to an informal hearing. However, since the family's HAP contract and lease will also
terminate when the family's assistance terminates [form HUD -52641], it is a good business practice to
provide written notification to both owner and family anytime assistance will be terminated, whether
voluntarily or involuntarily.
IRCHSD Poo
In any case where IRCHSD decides to terminate assistance to the family, IRCHSD must give the
family written notice which states:
• The reason(s) for the proposed termination;
• The effective date of the proposed termination;
• The family's right, if they disagree, to request a hearing to be held before assistance
is terminated; and
• The date by which a request for a hearing must be received by IRCHSD.
• IRCHSD's obligation to report debts owed and reason for termination to HUD via
the Enterprise Income Verification system. A copy of HUD Form -52675 shall also
be provided.
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IRCHSD will simultaneously provide written notice of the contract termination to the owner so that
it will coincide with the termination of assistance. The notice to the owner will not include any
details regarding the reason for termination of assistance.
If a family whose assistance is being terminated is entitled to an informal hearing, the notice of
termination that IRCHSD sends to the family must meet the additional HUD and IRCHSD notice
requirements discussed in section 16-III.0 of this plan. VAWA 2013 expands notification requirements to
require PHAs to provide notice of VAWA rights and the HUD 5382 form when a PHA terminates a
household's housing benefits.
IRCHSD Policy
Whenever IRCHSD decides to terminate a family's assistance because of the family's action or
failure to act, IRCHSD will include in its termination notice the VAWA information described in
section 16-IX.0 of this plan and a form HUD -5382 and form HUD -5380. IRCHSD will request in
writing that a family member wishing to claim protection under VAWA notify IRCHSD within 14
business days.
Still other notice requirements apply in two situations:
• If a criminal record is the basis of a family's termination, IRCHSD must provide a copy
of the record to the subject of the record and the tenant so that they have an opportunity
to dispute the accuracy and relevance of the record [24 CFR 982.553(d)(2)].
• If immigration status is the basis of a family's termination, as discussed in section 12-
I.D, the special notice requirements in section 16-III.D must be followed.
Part III: Termination of Tenancy by the Owner
12 -III A. OVERVIEW
Termination of an assisted tenancy is a matter between the owner and the family; the PHA is not directly
involved. However, the owner is under some constraints when terminating an assisted tenancy.
Termination of tenancy for certain reasons will also result in termination of assistance as discussed in this
section.
12 -III &GROUNDS FOR OWNER TERMINATION OF TENANCY [24 CFR 982.310,
24 CFR 5.2005(C), AND FORM HUD -52641-A, TENANCY ADDENDUM]
During the term of the lease, the owner is not permitted to terminate the tenancy except for serious or
repeated violations of the lease, certain violations of state or local law, or other good cause.
Serious or Repeated Lease Violations
The owner is permitted to terminate the family's tenancy for serious or repeated violations of the terms
and conditions of the lease, except when the violations are related to incidents of actual or threatened
domestic violence, dating violence, sexual assault or stalking and the victim is protected from eviction by
the Violence against Women Act of 2013 (see section 12-II.E). A serious lease violation includes failure to
pay rent or other amounts due under the lease. However, the PHA's failure to make a HAP payment to
the owner is not a violation of the lease between the family and the owner.
Violation of Federal, State, or Local Law
The owner is permitted to terminate the tenancy if a family member violates federal, state, or local law
that imposes obligations in connection with the occupancy or use of the premises.
Criminal Activity or Alcohol Abuse
The owner may terminate tenancy during the term of the lease if any covered person—meaning any
member of the household, a guest, or another person under the tenant's control—commits any of the
following types of criminal activity (for applicable definitions see 24 CFR 5.100):
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Administrative Plan Indian River County Housing Services Division
• Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the
premises by, other residents (including property management staff residing on the premises)
• Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of
their residences by, persons residing in the immediate vicinity of the premises
• Any violent criminal activity on or near the premises
• Any drug-related criminal activity on or near the premises
However, in the case of criminal activity directly related to domestic violence, dating violence, sexual
assault or stalking, if the tenant or an affiliated individual is the victim, the criminal activity may not be
construed as cause for terminating the victim's tenancy (see section 12-II.E).
The owner may terminate tenancy during the term of the lease if any member of the household is:
• Fleeing to avoid prosecution, custody, or confinement after conviction for a crime or an attempt to
commit a crime that is a felony under the laws of the place from which the individual flees, or that,
in the case of the State of New Jersey, is a high misdemeanor; or
• Violating a condition of probation or parole imposed under federal or state law.
The owner may terminate tenancy during the term of the lease if any member of the household has
engaged in abuse of alcohol that threatens health, safety, or right to peaceful enjoyment of the
premises by other residents.
Evidence of Criminal Activity
The owner may terminate tenancy and evict by judicial action a family for criminal activity by a covered
person if the owner determines the covered person has engaged in the criminal activity, regardless of
whether the covered person has been arrested or convicted for such activity and without satisfying the
standard of proof used for a criminal conviction. This is the case except in certain incidents where the
criminal activity directly relates to domestic violence, dating violence, sexual assault, or stalking, and the
tenant or an affiliated individual is the victim or threatened victim of the domestic violence, dating
violence, sexual assault, or stalking.
Other Good Cause
During the initial lease term, the owner may not terminate the tenancy for "other good cause" unless the
owner is terminating the tenancy because of something the family did or failed to do. During the initial
lease term or during any extension term, other good cause includes the disturbance of neighbors,
destruction of property, or living or housekeeping habits that cause damage to the unit or premises.
After the initial lease term, "other good cause" for termination of tenancy by the owner includes:
• Failure by the family to accept the offer of a new lease or revision
• The owner's desire to use the unit for personal or family use, or for a purpose other than as a
residential rental unit
• A business or economic reason for termination of the tenancy (such as sale of the property,
renovation of the unit, or desire to lease the unit at a higher rent).
After the initial lease term, the owner may give the family notice at any time, in accordance with the terms
of the lease.
12 -III C.EVICTION [24 CFR 982.310(E) AND (F) AND FORM HUD -52641-A,
TENANCY ADDENDUM]
The owner must give the tenant a written notice that specifies the grounds for termination of tenancy
during the term of the lease. The tenancy does not terminate before the owner has given this notice,
and the notice must be given at or before commencement of the eviction action.
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The notice of grounds may be included in, or may be combined with, any owner eviction notice to the
tenant.
Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used under state
or local law to commence an eviction action. The owner may only evict the tenant from the unit by
instituting a court action. The owner must give the PHA a copy of any eviction notices at the same time
the owner notifies the family. The family is also required to give the PHA a copy of any eviction notice
(see Chapter 5).
IRCHSD Policy
If the owner wishes to terminate the lease, the owner must provide proper written notice as stated
in the lease, at or before the commencement of the eviction action, specifying the grounds for
termination of tenancy. The owner eviction notice includes any notice to vacate, or a complaint, or
other initial pleading used under state or local law to commence an eviction action.
IRCHSD requires that the owner specify the section of the lease that has been violated and cite
some or all of the ways in which the tenant has violated that section, as documentation for
IRCHSD's decision regarding termination of assistance.
If the eviction action is finalized in court, the owner must provide IRCHSD with documentation
related to the eviction, including notice of the eviction date, as soon as possible, but no later than
5 business days following the court-ordered eviction.
12 -III D. DECIDING WHETHER TO TERMINATE TENANCY [24 CFR 982.310(H),
24 CFR 982.310(H)(4)1
An owner who has grounds to terminate a tenancy is not required to do so, and may consider all of the
circumstances relevant to a particular case before making a decision. These might include:
• The nature of the offending action
• The seriousness of the offending action;
• The effect on the community of the termination, or of the owner's failure to terminate the tenancy;
• The extent of participation by the leaseholder in the offending action;
• The effect of termination of tenancy on household members not involved in the
offending activity;
• The demand for assisted housing by families who will adhere to lease responsibilities;
• The extent to which the leaseholder has shown personal responsibility and taken all
reasonable steps to prevent or mitigate the offending action;
• The effect of the owner's action on the integrity of the program.
The owner may require a family to exclude a household member in order to continue to reside in the
assisted unit, where that household member has participated in or been culpable for action or failure to
act that warrants termination.
In determining whether to terminate tenancy for illegal use of drugs or alcohol abuse by a household
member who is no longer engaged in such behavior, the owner may consider whether such household
member is participating in or has successfully completed a supervised drug or alcohol
rehabilitation program, or has otherwise been rehabilitated successfully (42 U.S.C. 13661). For this
purpose, the owner may require the tenant to submit evidence of the household member's current
participation in, or successful completion of, a supervised drug or alcohol rehabilitation program or
evidence of otherwise having been rehabilitated successfully.
The owner's termination of tenancy actions must be consistent with the fair housing and equal opportunity
provisions in 24 CFR 5.105.
An owner's decision to terminate tenancy for incidents related to domestic violence, dating violence,
sexual assault or stalking is limited by the Violence against Women Act of 2013 (VAWA) and the
conforming regulations in 24 CFR Part 5, Subpart L. (See section 12-II.E.)
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12 -III E. EFFECT OF TENANCY TERMINATION ON THE FAMILY'S ASSISTANCE
If an eviction is not due to a serious or repeated violation of the lease, and if the PHA has no other grounds
for termination of assistance, the PHA may issue a new voucher so that the family can move with
continued assistance (see Chapter 10).
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EXHIBIT 12-1: STATEMENT OF FAMILY OBLIGATIONS
Following is a listing of a participant family's obligations under the PHA Program:
• The family must supply any information that the PHA or HUD determines to be
necessary,
including submission of required evidence of citizenship or eligible immigration
status.
• The family must supply any information requested by the PHA or HUD for use in a
regularly scheduled reexamination or interim reexamination of family income and
composition.
• The family must disclose and verify social security numbers and sign and submit consent
forms for obtaining information.
• Any information supplied by the family must be true and complete.
• The family is responsible for any Housing Quality Standards (HQS) breach by the family
caused by failure to pay tenant -provided utilities or appliances, or damages to the
dwelling unit or premises beyond normal wear and tear caused by any member of the
household or guest.
IRCHSD Policy
Damages beyond normal wear and tear will be considered to be damages which could be
assessed against the security deposit.
• The family must allow the PHA to inspect the unit at reasonable times and after
reasonable notice, as described in Chapter 8 of this plan.
• The family must not commit any serious or repeated violation of the lease.
IRCHSD Policy
IRCHSD will determine if a family has committed serious or repeated violations of the lease
based on available evidence, including but not limited to, a court-ordered eviction or an owner's
notice to evict, police reports, and affidavits from the owner, neighbors, or other credible parties
with direct knowledge.
Serious and repeated lease violations will include, but not be limited to, nonpayment of rent,
disturbance of neighbors, destruction of property, living or housekeeping habits that cause
damage to the unit or premises, and criminal activity. Generally, the criterion to be used will be
whether or not the reason for the eviction was the fault of the tenant or guests. Any incidents of, or
criminal activity related to, domestic violence, dating violence, sexual assault or stalking will not
be construed as serious or repeated lease violations by the victim [24 CFR 5.2005(c)(1)].
• The family must notify the PHA and the owner before moving out of the unit or
terminating the lease.
IRCHSD Pobc,
The family must comply with lease requirements regarding written notice to the owner. The family
must provide written notice to IRCHSD at the same time the owner is notified.
The family must promptly give the PHA a copy of any owner eviction notice.
The family must use the assisted unit for residence by the family. The unit must be
the family's only residence.
The composition of the assisted family residing in the unit must be approved by the PHA.
The family must promptly notify the PHA in writing of the birth, adoption, or court -
awarded custody of a child. The family must request PHA approval to add any other
family member as an occupant of the unit.
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IRCHSD Policy
The request to add a family member must be submitted in writing and approved prior to the
person moving into the unit. IRCHSD will determine eligibility of the new member in accordance
with the policies in Chapter 3.
• The family must promptly notify the PHA in writing if any family member no longer
lives in the unit.
• If the PHA has given approval, a foster child or a live-in aide may reside in the unit. The
PHA has the discretion to adopt reasonable policies concerning residency by a foster
child or a live-in aide, and to define when PHA consent may be given or denied. For
policies related to the request and approval/disapproval of foster children, foster adults,
and live-in aides, see Chapter 3 (Sections IX and I.M), and Chapter 11 (Section 11.13).
• The family must not sublease the unit, assign the lease, or transfer the unit.
IRCHSD Policy
Subleasing includes receiving payment to cover rent and utility costs by a person living in the unit
who is not listed as a family member.
• The family must supply any information or certification requested by the PHA to
verify that the family is living in the unit, or relating to family absence from the unit,
including any PHA -requested information or certification on the purposes of family
absences. The family must cooperate with IRCHSD for this purpose.
• The family must promptly notify the PHA when the family is absent from the unit.
IRCHSD Policy
Notice is required under this provision only when all family members will be absent from the
unit for an extended period. An extended period is defined as any period greater than 30
calendar days. Written notice must be provided to IRCHSD at the start of the extended
absence.
• The family must pay utility bills and provide and maintain any appliances that the
owner is not required to provide under the lease [Form HUD -52646, Voucher].
• The family must not own or have any interest in the unit, (other than in a cooperative
and owners of a manufactured home leasing a manufactured home space).
• Family members must not commit fraud, bribery, or any other corrupt or criminal act in
connection with the program. (See Chapter 14, Program Integrity for additional
information).
• Family members must not engage in drug-related criminal activity or violent criminal
activity or other criminal activity that threatens the health, safety or right to peaceful
enjoyment of other residents and persons residing in the immediate vicinity of the
premises. See Chapter 12 for HUD and PHA policies related to drug-related and violent
criminal activity.
• Members of the household must not engage in abuse of alcohol in a way that
threatens the health, safety or right to peaceful enjoyment of the other residents and
persons residing in the immediate vicinity of the premises. See Chapter 12 for a
discussion of HUD and PHA policies related to alcohol abuse.
• An assisted family or member of the family must not receive PHA Program
assistance while receiving another housing subsidy, for the same unit or a
different unit under any other federal, state or local housing assistance program.
• A family must not receive PHA Program assistance while residing in a unit owned by a
parent, child, grandparent, grandchild, sister or brother of any member of the family,
unless the PHA has determined (and has notified the owner and the family of such
determination) that approving rental of the unit, notwithstanding such relationship, would
provide reasonable accommodation for a family member who is a person with disabilities.
[Form HUD -52646, Voucher]
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Chapter 13: Owners
Owners play a major role in the PHA Program by supplying decent, safe, and sanitary housing for
participating families.
The term "owner" refers to any person or entity with the legal right to lease or sublease a unit to a
participant in the PHA Program [24 CFR 982.4(b)]. The term "owner" includes a principal or other
interested party [24 CFR 982.453; 24 CFR 982.306(f)], such as a designated agent of the owner.
Owners have numerous responsibilities under the program, including screening and leasing to families,
maintaining the dwelling unit, enforcing the lease, and complying with various contractual obligations.
The chapter is organized in two parts:
Part I: Owners in the PHA Program. This part discusses the role of an owner in the PHA's PHA
Program and highlights key owner rights and responsibilities.
Part II: HAP Contracts. This part explains provisions of the HAP contract and the relationship
between the PHA and the owner as expressed in the HAP contract.
For detailed information about PHA Program responsibilities and processes, including PHA policies in key
areas, owners will need to refer to several other chapters in this plan. Where appropriate, Chapter 13 will
reference the other chapters.
Part I: Owners in the PHA Program
13-1 A. OWNER RECRUITMENT AND RETENTION [HCV GB, PP. 2-4 TO 2-6]
Recruitment
PHAs are responsible for ensuring that very low income families have access to all types and ranges of
affordable housing in the PHA's jurisdiction, particularly housing outside areas of poverty or minority
concentration. A critical element in fulfilling this responsibility is for the PHA to ensure that a sufficient
number of owners, representing all types and ranges of affordable housing in the PHA's jurisdiction, are
willing to participate in the PHA Program.
To accomplish this objective, PHAs must identify and recruit new owners to participate in the program.
IRCHSD Policy
IRCHSD will conduct owner outreach to ensure that owners are familiar with the program and its
advantages. Will actively recruit property owners with property located outside areas of poverty
and minority concentration. These outreach strategies will include:
• Distributing printed material about the program to property owners and managers
• Contacting property owners and managers by phone or in-person
• Holding owner recruitment/information meetings at least once a year
• Participating in community based organizations comprised of private property and
apartment owners and managers
• Developing working relationships with owners and real estate brokers associations
Outreach strategies will be monitored for effectiveness and adapted accordingly.
Retention
In addition to recruiting owners to participate in the PHA Program, the PHA must also provide the kind of
customer service that will encourage participating owners to remain active in the program.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Polia
All IRCHSD activities that may affect an owner's ability to lease a unit will be processed as
rapidly as possible, in order to minimize vacancy losses for owners.
IRCHSD will provide owners with a document that explains the program, including HUD and
PHA policies and procedures, in easy -to -understand language.
IRCHSD will give special attention to helping new owners succeed through activities that
may include:
• Providing the owner with a designated PHA contact person.
• Coordinating inspection and leasing activities between IRCHSD, the owner, and the
family.
• Initiating contact with the owner to explain the inspection process and providing
information and other resource materials about HUD housing quality standards.
• Providing other written information about how the program operates, including answers
to frequently asked questions.
Additional services may be undertaken on an as -needed basis, and as resources permit.
13-1 B. BASIC PHA Program REQUIREMENTS
HUD requires the PHA to assist families in their housing search by providing the family with a list of
landlords or other parties known to the PHA who may be willing to lease a unit to the family, or to help
the family find a unit. Although the PHA cannot maintain a list of owners that are pre -qualified to
participate in the program, owners may indicate to the PHA their willingness to lease a unit to an eligible
HCV family, or to help the HCV family find a unit [24 CFR 982.301(b)(11)].
IRCHSD Policy
Owners that wish to indicate their willingness to lease a unit to an eligible HCV family or to help
the HCV family find a unit must notify the IRCHSD and the staff will maintain a listing of such
owners and provide this listing to the HCV family as part of the informational briefing packet.
When a family approaches an owner to apply for tenancy, the owner is responsible for screening the
family and deciding whether to lease to the family, just as the owner would with any potential unassisted
tenant. The PHA has no liability or responsibility to the owner or other persons for the family's behavior or
suitability for tenancy. See chapters 3 and 9 for more detail on tenant family screening policies and
process.
If the owner is willing, the family and the owner must jointly complete a Request for Tenancy Approval
(RTA, Form HUD 52517), which constitutes the family's request for assistance in the specified unit, and
which documents the owner's willingness to lease to the family and to follow the program's requirements.
When submitted to the PHA, this document is the first step in the process of obtaining approval for the
family to receive the financial assistance it will need in order to occupy the unit. Also submitted with the
RTA is a copy of the owner's proposed dwelling lease, including the HUD -required Tenancy Addendum
(Form HUD -52641-A). See Chapter 9 for more detail on request for tenancy approval policies and
process.
HUD regulations stipulate requirements for the approval of an assisted tenancy
The owner must be qualified to participate in the program [24 CFR 982.306]. Some owners are
precluded from participating in the program, or from renting to a particular family, either because of their
past history with this or another federal housing program, or because of certain conflicts of interest.
Owner qualifications are discussed later in this chapter.
The selected unit must be of a type that is eligible for the program [24 CFR 982.305(a)]. Certain types of
dwelling units cannot be assisted under the PHA Program. Other types may be assisted under certain
conditions. See chapter 9 for more detail on unit eligibility policies and process.
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The selected unit must meet HUD's National Standards for the Physical Inspection of Real Estate
(NSPIRE) and/or equivalent state or local standards approved by HUD [24 CFR 982.305(a)]. IRCHSD will
inspect the owner's dwelling unit at least biennially to ensure that the unit continues to meet inspection
requirements. See Chapter 8 for a discussion of the NSPIRE standards and policies for NSPIRE
inspections at initial lease -up and throughout the family's tenancy.
The PHA must determine that the proposed rent for the unit is reasonable [24 CFR 982.305(a)]. The rent
must be reasonable in relation to comparable unassisted units in the area and must not be in excess of
rents charged by the owner for comparable, unassisted units on the premises. See chapter 8 for a
discussion of requirements and policies on rent reasonableness, rent comparability and the rent
reasonableness determination process.
At initial lease -up of a unit, if the gross rent exceeds the applicable payment standard, the PHA must
ensure that the family share does not exceed 40 percent of the family's monthly adjusted income [24 CFR
982.305(a)] . See chapter 6 for a discussion of the calculation of family income, family share of rent and
HAP.
The dwelling lease must comply with all program requirements [24 CFR 982.308]. Owners are
encouraged to use their standard leases when renting to an assisted family. The HUD Tenancy
Addendum includes the HUD requirements governing the tenancy and must be added word-for-word to
the owner's lease. See chapter 9 for a discussion of the dwelling lease and tenancy addendum, including
lease terms and provisions.
The PHA and the owner must execute a Housing Assistance Payment (HAP) Contract (Form HUD -
52641). The HAP contract format is prescribed by HUD. See chapter 9 for a discussion of the HUD
requirements for execution of the HAP contract.
13-1 C. OWNER RESPONSIBILITIES [24 CFR 982.4521
The basic owner responsibilities in the PHA Program are outlined in the regulations as follows:
• Complying with all of the owner's obligations under the housing assistance payments
(HAP) contract and the lease
• Performing all management and rental functions for the assisted unit, including selecting a
voucher -holder to lease the unit, and deciding if the family is suitable for tenancy of the unit
• Maintaining the unit in accordance with the National Standards for the Physical Inspection of
Real Estate (NSPIRE), including performance of ordinary and extraordinary maintenance
• Complying with equal opportunity requirements
• Preparing and furnishing to the PHA information required under the HAP contract
• Collecting the security deposit, the tenant rent, and any charges for unit damage by the family.
• Enforcing tenant obligations under the dwelling lease
• Paying for utilities and services that are not the responsibility of the family as specified
in the lease
• Allowing reasonable modifications to a dwelling unit occupied or to be occupied by a
disabled person [24 CFR 100.203]
• Complying with the Violence against Women Reauthorization Act of 2013 (VAWA) when
screening prospective HCV tenants or terminating the tenancy of an HCV family (see 24
CFR Part 5, Subpart L; 24 CFR 982.310(h)(4); and 24 CFR 982.452(b)(1))
13-1 D. OWNER QUALIFICATIONS
The PHA does not formally approve an owner to participate in the PHA Program. However, there are a
number of criteria where the PHA may deny approval of an assisted tenancy based on past owner
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behavior, conflict of interest, or other owner -related issues. No owner has a right to participate in the PHA
Program [24 CFR 982.306(e)].
Owners Barred from Participation [24 CFR 982.306(a) and (b)1
The PHA must not approve the assisted tenancy if the PHA has been informed that the owner has been
debarred, suspended, or subject to a limited denial of participation under 24 CFR part 24. HUD may direct
the PHA not to approve a tenancy request if a court or administrative agency has determined that the
owner violated the Fair Housing Act or other federal equal opportunity requirements, or if such an action
is pending.
Leasing to Relatives [24 CFR 982.306(d), HCV GB p. 11-2]
The PHA must not approve a tenancy if the owner is the parent, child, grandparent, grandchild, sister, or
brother of any member of the family. The PHA may make an exception as a reasonable accommodation
for a family member with a disability. The owner is required to certify that no such relationship exists. This
restriction applies at the time that the family receives assistance under the PHA Program for occupancy of
a particular unit. Current contracts on behalf of owners and families that are related may continue, but any
new leases or contracts for these families may not be approved.
IRCHSD Policy
Unless the lease between the owner and the participant was effective prior to June 17, 1998,
the owner may not be a parent, child, grandparent, grandchild, sister or brother of any
participant. IRCHSD may waive this restriction as a reasonable accommodation when a
household member is a person with a disability.
Owners may not live in the same unit with assisted family members in a lease -shared
housing arrangement unless specifically approved by HUD.
In cases where the owner and tenant bear the same last name, IRCHSD may, at its discretion,
require the participant and/or owner to state whether they are related to each other, and if so
in what manner.
For purposes of this policy, 'owner" includes a principal or other interested party.
Conflict of Interest [24 CFR 982.161; HCV GB p. 8-19; Form HUD -52641, Section 131
The PHA must not approve a tenancy in which any of the following classes of persons has any interest,
direct or indirect, during tenure or for one year thereafter:
• Any present or former member or officer of the PHA (except a participant commissioner)
• Any employee of the PHA, or any contractor, subcontractor or agent of the PHA, who
formulates policy or who influences decisions with respect to the programs
• Any public official, member of a governing body, or State or local legislator, who
exercises functions or responsibilities with respect to the programs
• Any member of the Congress of the United States
Such "covered individual' may not have any direct or indirect interest in the HAP contract or in any
benefits or payments under the contract (including the interest of an immediate family member of such
covered individual) while such person is a covered individual or for one year thereafter.
Immediate family member means the spouse, parent (including a stepparent), child (including a
stepchild), grandparent, grandchild, sister, or brother (including a stepsister or stepbrother) of any
covered individual.
HUD may waive the conflict of interest requirements, except for members of Congress, for good cause. The
PHA must submit a waiver request to the appropriate HUD Field Office for determination.
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Any waiver request submitted by the PHA must include the following [HCV Guidebook pp. 11-2 and 11-3]:
• Complete statement of the facts of the case;
• Analysis of the specific conflict of interest provision of the HAP contract and justification as to why
the provision should be waived;
• Analysis of and statement of consistency with state and local laws. The local HUD office,
the PHA, or both parties may conduct this analysis. Where appropriate, an opinion by the
state's attorney general should be obtained;
• Opinion by the local HUD office as to whether there would be an appearance of impropriety if
the waiver were granted;
• Statement regarding alternative existing housing available for lease under the PHA Program
or other assisted housing if the waiver is denied;
• If the case involves a hardship for a particular family, statement of the circumstances
and discussion of possible alternatives;
• If the case involves a public official or member of the governing body, explanation of their duties
under state or local law, including reference to any responsibilities involving the PHA Program;
• If the case involves employment of a family member by the PHA or assistance under the PHA
Program for an eligible PHA employee, explanation of the responsibilities and duties of the
position, including any related to the PHA Program;
• If the case involves an investment on the part of a member, officer, or employee of the PHA,
description of the nature of the investment, including disclosure/divestiture plans.
Where the PHA has requested a conflict of interest waiver, the PHA may not execute the HAP contract
until HUD has made a decision on the waiver request.
IRCHSD Policv
In considering whether to request a conflict-of-interest waiver from HUD, IRCHSD will consider
certain factors such as consistency of the waiver with state and local laws, the existence of
alternative housing available to families, the individual circumstances of a particular family, the
specific duties of individuals whose positions present a possible conflict of interest, the nature of any
financial investment in the property and plans for disclosure/divestiture, and the
possible appearance of impropriety.
Owner Actions That May Result in Disapproval of a Tenancy Request [24 CFR 982.306(c)1
HUD regulations permit the PHA to disapprove a request for tenancy for various actions and inactions of
the owner.
If the PHA disapproves a request for tenancy because an owner is not qualified, it may not terminate the
HAP contract for any assisted families that are already living in the owner's properties unless the owner
has violated the HAP contract for those units [HCV GB p. 11-41.
IRCHSD Policv
An owner may be disapproved for any of the following reasons:
• The owner has violated obligations under a Housing Assistance Payment Contract under
Section 8 of the 1937 Act (42 U.S.C. 1437f), a lease with a tenant assisted by the
program, or the HUD Tenancy Addendum;
• The owner has committed fraud, bribery or any other corrupt or criminal act in connection
with any federal housing program;
• The owner has engaged in drug-related criminal activity or any violent criminal activity;
• The owner has a history or practice of non-compliance with inspection standards for units
leased under any federal housing program;
• The owner has a history or practice of renting units that fail to meet state or local
housing codes;
• The owner has a history or practice of failing to terminate tenancy of tenants of units
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assisted under Section 8 or any other federally assisted housing program for activity by
the tenant, any member of the household, a guest or another person under the control of
any member of the household that:
o Threatens the right to peaceful enjoyment of the premises by other residents;
o Threatens the health or safety of other residents, employees of IRCHSD, or of
owner employees or other persons engaged in management of the housing;
o Threatens the health or safety of, or the right to peaceful enjoyment of their
residences, by persons residing in the immediate vicinity of the premises; or
o Is drug-related criminal activity or violent criminal activity.
The owner has failed to comply with regulations, the mortgage or note, or the
regulatory agreement for projects with mortgages insured by HUD or loans made by
HUD or with financing from other local or state governmental agencies;
The owner has engaged in actual physical abuse or has threatened abusive or
violent behavior toward a resident, a member of the public, or IRCHSD personnel.
Note:
o "Abusive or violent behavior" includes verbal as well as physical abuse or
violence. Use of expletives that are generally considered insulting, racial
epithets, or other language, written or oral, that is customarily used to insult or
intimidate, may be cause for disapproval of an owner; and
o "Threatening" refers to oral or written threats, or physical gestures, that
communicate intent to abuse or commit violence.
• The owner has not paid state or local real estate taxes, fines or assessments.
In considering whether to disapprove owners for any of the discretionary reasons listed above,
IRCHSD will consider any mitigating factors. Such factors may include, but are not limited to, the
seriousness of the violation in relation to program requirements, the impact on the ability of
families to lease units under the program, health and safety of participating families, among
others. Upon consideration of such circumstances, IRCHSD may, on a case-by-case basis,
choose to approve an owner.
Legal Ownership of Unit
The following represents PHA policy on legal ownership of a dwelling unit to be assisted under the HCV
program.
IRCHSD Policy
IRCHSD will only enter into a contractual relationship with the legal owner of a qualified unit.
No tenancy will be approved without acceptable documentation of legal ownership (e.g., deed
of trust, proof of taxes for most recent year).
13-1 E. NON-DISCRIMINATION [HAP CONTRACT —FORM HUD -526411
The owner must not discriminate against any person because of race, color, religion, sex, national origin,
age, familial status, or disability, in connection with any actions or responsibilities under the PHA Program
and the HAP contract with the PHA.
The owner must cooperate with the PHA and with HUD in conducting any equal opportunity compliance
reviews and complaint investigations in connection with the PHA Program and the HAP contract with the
PHA.
See Chapter 2 for a more thorough discussion of Fair Housing and Equal Opportunity requirements in the
PHA Program.
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Part II: HAP Contracts
13 -II A. OVERVIEW
The HAP contract represents a written agreement between the PHA and the owner of the dwelling unit
occupied by a HCV assisted family. The contract spells out the owner's responsibilities under the
program, as well as the PHA's obligations. Under the HAP contract, the PHA agrees to make housing
assistance payments to the owner on behalf of the family approved by the PHA to occupy the unit.
The HAP contract is used for all HCV -tenant -based program tenancies except for assistance under
the Section 8 homeownership program, and assistance to families that own a manufactured home and
use their assistance to lease the space for the manufactured home. See chapter 15 for a discussion of
any special housing types included in the PHA's PHA Program.
When the PHA has determined that the unit meets program requirements and the tenancy is
approvable, the PHA and owner must execute the HAP contract. See chapter 9 for a discussion of the
leasing process, including provisions for execution of the HAP contract.
13 -II B. HAP CONTRACT CONTENTS
The HAP contract format is required by HUD, specifically Housing Assistance Payment (HAP) Contract,
Form HUD -52641.
The HAP contract contains three parts.
Part A of the contract includes basic contract information: the names of the tenant and all household
members, the address of the contract unit, start and end dates of initial lease term, the amount of initial
monthly rent to owner, the amount of initial housing assistance payment, the utilities and appliances to be
supplied by owner and tenant, and the signatures of the PHA representative and owner [HCV Guidebook,
pp. 11-10 and 11-111.
In general, the HAP contract cannot be modified. However, PHAs do have the discretion to add language
to Part A of the HAP contract which prohibits the owner from collecting a security deposit in excess
of private market practices or in excess of amounts charged to unassisted tenants. PHA policy on the
amount of security deposit an owner may collect is found in Chapter 9.
PHAs also have the discretion to add language to Part A of the HAP contract that defines when the
housing assistance payment by the PHA is deemed received by the owner (e.g., upon mailing by the PHA
or actual receipt by the owner).
IRCHSD Policy
IRCHSD has not adopted a policy that defines when the housing assistance payment by
IRCHSD is deemed received by the owner. Therefore, no modifications to the HAP contract
will be necessary.
Part B is the body of the contract. It describes in detail program requirements affecting the owner and
owner roles and responsibilities under the PHA Program. Most of the requirements contained in Part B of
the HAP contract are outlined elsewhere in this plan. Topics addressed in Part B include:
• Lease of Contract Unit
• Maintenance, Utilities, and Other Services
• Term of HAP Contract
• Provision and Payment of Utilities and Appliances
• Rent to Owner: Reasonable Rent
• PHA Payment to Owner
• Prohibition of Discrimination
• Owner's Breach of HAP Contract
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• PHA and HUD Access to Premises and Owner's Records
• Exclusion of Third Party Rights
• Conflict of Interest
• Assignment of the HAP Contract
• Written Notices
• Entire Agreement Interpretation
Part C of the contract includes the Tenancy Addendum (Form HUD -52641-A). The addendum sets forth
the tenancy requirements for the program and the composition of the household, as approved by the
PHA. The tenant has the right to enforce the Tenancy Addendum against the owner. The terms of the
Tenancy Addendum prevail over any other provisions of the lease.
13 -II C. HAP CONTRACT PAYMENTS
General
During the term of the HAP contract, and subject to the provisions of the HAP contract, the PHA must
make monthly HAP payments to the owner on behalf of the family, at the beginning of each month. If a
lease term begins after the first of the month, the HAP payment for the first month is prorated for a partial
month.
The amount of the HAP payment is determined according to the policies described in Chapter 6 and is
subject to change during the term of the HAP contract. The PHA must notify the owner and the family in
writing of any changes in the HAP payment.
HAP payments can be made only during the lease term, and only while the family is residing in the unit.
The monthly HAP payment by the PHA is credited toward the monthly rent to owner under the family's
lease. The total of the rent paid by the tenant and the HAP payment is equal to the rent to owner as
specified in the lease.
The family is not responsible for payment of the HAP payment, and the PHA is not responsible for
payment of the family share of rent.
The family's share of the rent cannot be more than the difference between the rent to owner and the HAP
payment. The owner may not demand or accept any rent payment from the tenant in excess of this
maximum [24 CFR 982.451(b)(4)]. The owner may not charge the tenant extra amounts for items
customarily included in rent in the locality or provided at no additional cost to unsubsidized tenants in the
premises [24 CFR 982.510(c)]. See chapter 9 for a discussion of separate, non -lease agreements for
services, appliances and other items that are not included in the lease.
If the owner receives any excess HAP from the PHA, the excess amount must be returned immediately.
If the PHA determines that the owner is not entitled to all or a portion of the HAP, the PHA may deduct
the amount of overpayment from any amounts due to the owner, including amounts due under any other
Section 8 HCV contract. See Chapter 16 for additional detail on owner reimbursement of HAP
overpayments.
Owner Certification of Compliance
Unless the owner complies with all provisions of the HAP contract, the owner is not entitled to receive
housing assistance payments under the HAP contract [HAP Contract — Form HUD526411.
By accepting the monthly check from the PHA, the owner certifies to compliance with the terms.of the
HAP contract. This includes certification that the owner is maintaining the unit and premises in
accordance with NSPIRE standards; that the contract unit is leased to the tenant family and, to the best of
the owner's knowledge, the family resides in the unit as the family's only residence; the rent to owner
does not exceed rents charged by the owner for comparable unassisted units on the premises; and that
the owner does not receive (other than rent to owner) any additional payments or other consideration for
rent of the contract unit during the HAP term.
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Late HAP Payments 1`24 CFR 982.451(a)(5)1
The PHA is responsible for making HAP payments promptly when due to the owner, in accordance with
the terms of the HAP contract. After the first two calendar months of the HAP contract term, the HAP
contract provides for late penalties if the PHA fails to make the HAP payment on time.
In keeping with generally accepted practices in the local housing market, the PHA will pay to the owner a
$75.00 late fee, or the late fee specified in the owner's lease charged to tenants whose rent is late,
whichever is lower, for Housing Assistance Payments that are not received by the owner by the 10th day
of the month, if requested by the owner in writing.
Penalties for late HAP payments can only be imposed if 1) the penalties are in accordance with generally
accepted local rental market practices and law governing penalties for late payment by tenants; 2) it is the
owner's normal business practice to charge late payment penalties for both assisted and unassisted
families; and 3) the owner charges the assisted family for late payment of the family's share of the rent.
The PHA is not required to pay a late payment penalty if HUD determines that the payment is late for
reasons beyond the PHA's control. In addition, late payment penalties are not required if the
PHA intentionally delays or denies payment as a remedy to an owner breach of the HAP contract [HCV
Guidebook p. 11-7].
Termination of HAP Payments 1`24 CFR 982.311(b)1
The PHA must continue making housing assistance payments to the owner in accordance with the HAP
contract as long as the tenant continues to occupy the unit, and the HAP contract is not violated.
HAP payments terminate when the HAP contract terminates or when the tenancy is terminated in
accordance with the terms of the lease.
If the owner has initiated eviction proceedings against the family and the family continues to reside in the
unit, the PHA must continue to make housing assistance payments to the owner until the owner has
obtained a court judgment or other process allowing the owner to evict the tenant.
IRCHSD Policy
The owner must inform IRCHSD when the owner has initiated eviction proceedings against the
family and the family continues to reside in the unit.
The owner must inform IRCHSD when the owner has obtained a court judgment or other
process allowing the owner to evict the tenant and provide IRCHSD with a copy of such
judgment or determination.
After the owner has obtained a court judgment or other process allowing the owner to evict
the tenant, IRCHSD will continue to make HAP payments to the owner until the family actually
moves from the unit or until the family is physically evicted from the unit, whichever is earlier.
The owner must inform IRCHSD of the date when the family actually moves from the unit, or the
family is physically evicted from the unit and provide a copy to the PHA along with a copy of the
final order.
13 -II D. BREACH OF HAP CONTRACT [24 CFR 982.4531
Any of the following actions by the owner constitutes a breach of the HAP contract:
• If the owner violates any obligations under the HAP contract including failure to maintain the unit
in accordance with NSPIRE standards
• If the owner has violated any obligation under any other HAP contract under Section 8
• If the owner has committed fraud, bribery or any other corrupt or criminal act in connection
with any federal housing program
• For projects with mortgages insured by HUD or loans made by HUD, if the owner has failed
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Administrative Plan Indian River County Housing Services Division
to comply with the regulation for the applicable program; or if the owner has committed fraud,
bribery or any other corrupt or criminal act in connection with the mortgage or loan
• If the owner has engaged in drug-related criminal activity
• If the owner has committed any violent criminal activity
If the PHA determines that a breach of the HAP contract has occurred, it may exercise any of its rights
and remedies under the HAP contract.
The PHA rights and remedies against the owner under the HAP contract include recovery of any HAP
overpayment, suspension of housing assistance payments, abatement or reduction of the housing
assistance payment, termination of the payment or termination of the HAP contract. The PHA may also
obtain additional relief by judicial order or action.
The PHA must notify the owner of its determination and provide in writing the reasons for the
determination. The notice may require the owner to take corrective action by an established deadline. The
PHA must provide the owner with written notice of any reduction in housing assistance payments or the
termination of the HAP contract.
IRCHSD Policy
Before IRCHSD invokes a remedy against an owner, IRCHSD will evaluate all information and
documents available to determine if the contract has been breached.
If relevant, IRCHSD will conduct an audit of the owner's records pertaining to the tenancy or unit.
If it is determined that the owner has breached the contract, IRCHSD will consider all of
the relevant factors including the seriousness of the breach, the effect on the family, the
owner's record of compliance and the number and seriousness of any prior HAP
contract violations.
An owner must not threaten the health or safety of, or otherwise abuse IRCHSD
employees, residents, or members of the public.
13 -II E. HAP CONTRACT TERM AND TERMINATIONS
The term of the HAP contract runs concurrently with the term of the dwelling lease [24 CFR
982.451(a)(2)], beginning on the first day of the initial term of the lease and terminating on the last day of
the term of the lease, including any lease term extensions.
The HAP contract and the housing assistance payments made under the HAP contract terminate if [HCV
Guidebook pp. 11-4 and 11-5, pg. 15-3]:
• The owner or the family terminates the lease;
• The lease expires;
• The PHA terminates the HAP contract;
• The PHA terminates assistance for the family;
• The family moves from the assisted unit. In this situation, the owner is entitled to keep
the housing assistance payment for the month when the family moves out of the unit.
• 180 calendar days have elapsed since the PHA made the last housing assistance payment
to the owner;
• The family is absent from the unit for longer than the maximum period permitted by the PHA;
• The Annual Contributions Contract (ACC) between the PHA and HUD expires
• The PHA elects to terminate the HAP contract.
IRCHSD Policy
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IRCHSD may terminate the HAP contract with the owner in each of the following situations:
• Available program funding is not sufficient to support continued assistance for families
in the program [24 CFR 982.454];
• The unit does not meet size requirements due to change in family composition [24
CFR 982.403] — see chapter 8;
• The unit does not meet NSPIRE standards [24 CFR 982.4041 — see chapter 8;
• The family breaks up [HUD Form 526411 — see chapter 3;
• The owner breaches the HAP contract [24 CFR 982.453(b)] — see Section 13-II.D.
If the PHA terminates the HAP contract, the PHA must give the owner and the family written notice. The
notice must specify the reasons for the termination and the effective date of the termination. Once a HAP
contract is terminated, no further HAP payments may be made under that contract [HCV Guidebook
pg. 15-4].
IRCHSD Policy
The term of the HAP Contract is the same as the term of the lease. The contract between the
owner and IRCHSD may be terminated by IRCHSD, or by the owner or tenant terminating the
lease.
No subsidy payments on behalf of the family will be made by the PHA to the owner for any
period of time after the month in which the contract is terminated. The owner must reimburse the
PHA for any subsidies paid by the PHA for any period after the contract termination date.
If the family moves from the assisted unit into a new unit, even if the new unit is in the same building or
complex as the assisted unit, the HAP contract for the assisted unit terminates. A new HAP contract
would be required [HCV GB, p. 11-17].
When the family moves from an assisted unit into a new unit, the term of the HAP contract for the new
unit may begin in the same month in which the family moves out of its old unit. This is not considered a
duplicative subsidy [HCV GB, p. 8-221.
13 -II F. CHANGE IN OWNERSHIP / ASSIGNMENT OF THE HAP CONTRACT [HUD -
52641]
The HAP contract cannot be assigned to a new owner without the prior written consent of the PHA.
An owner under a HAP contract must notify the PHA in writing prior to a change in the legal ownership of
the unit. The owner must supply all information as requested by the PHA.
Prior to approval of assignment to a new owner, the new owner must agree to be bound by and comply
with the HAP contract. The agreement between the new owner and the former owner must be in writing
and in a form that the PHA finds acceptable. The new owner must provide the PHA with a copy of the
executed agreement.
IRCHSD Policy
Assignment of the HAP contract will be approved only if the new owner is qualified to become an
owner under the PHA Program according to the policies in Section 13-I.D. of this chapter.
IRCHSD must receive a signed, written request from the existing owner stating the name and
address of the new HAP payee and the effective date of the assignment in order to change
the HAP payee under an outstanding HAP contract.
Within 10 business days of receiving the owner's request, IRCHSD will inform the current
owner in writing whether the assignment may take place.
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The new owner must provide a written certification to IRCHSD that includes:
• A copy of the escrow statement or other document showing the transfer of title
and recorded deed (if needed);
• A copy of the owner's IRS Form W-9, Request for Taxpayer Identification Number
and Certification, or the social security number of the new owner;
• The effective date of the HAP contract assignment;
• A written agreement to comply with the terms of the HAP contract; and
• A certification that the new owner is not a prohibited relative.
If the new owner does not agree to an assignment of the HAP contract, or fails to provide the
necessary documents, IRCHSD will terminate the HAP contract with the old owner. If the new
owner wants to offer the family a new lease, and the family elects to stay with continued
assistance, IRCHSD will process the leasing in accordance with the policies in Chapter 9.
13 -II G. FORECLOSURE [NOTICE PIH 2010-49]
Families receiving HCV assistance are entitled to certain protections set forth under the Protecting
Tenants at Foreclosure Act (PTFA). During the term of the lease, the new owner of the property does not
have good cause to terminate the tenant's lease, unless the new owner will occupy the unit as their
primary residence and has provided the tenant with at least a 90 -day notice. In that case, the lease may
be terminated effective on the date of sale, although the tenant is still entitled to a 90 -day notice to
vacate. Further, the new owner assumes interest in the lease between the prior owner and the tenant and
to the HAP contract.
Any state or local law that provides longer time periods or other additional protections for tenants also
applies.
IRCHSD Policy
If a property is in foreclosure, IRCHSD will make all reasonable efforts to determine the status of
the foreclosure and ownership of the property and will continue to make payments to the original
owner until ownership legally transfers in accordance with the HAP contract.
IRCHSD will attempt to obtain a written acknowledgement of the assignment of the HAP contract
from the successor in interest. This will include a request for owner information, including a tax
identification number and payment instructions from the new owner. Even if the new owner does
not acknowledge the assignment of the HAP contract in writing, the assignment is still effective by
operation of law.
IRCHSD will inform the tenant that they must continue to pay rent in accordance with the lease,
and if the new owner refuses to accept payment or cannot be identified, the tenant should pay
rent into escrow. Failure to pay rent may constitute an independent ground for eviction.
In the event that IRCHSD is unable to make HAP payments to the new owner due to an action
or inaction by the new owner that prevents such payments (e.g., rejection of payments or failure
to maintain the property according to NSPIRE standards), or due to an inability to identify the
new owner, IRCHSD will use the funds to pay the utilities that are the owner's responsibility after
taking reasonable steps to notify the owner; except that if the unit has been or will be rendered
uninhabitable due to termination or threat of termination of service, prior notice is not required.
In the latter case, the PHA shall notify the owner within a reasonable time after making the utility
payment.
The PHA will also refer the tenant, as needed, to the local legal aid office in order to ensure
adequate protection of the tenant's rights and enforcement of the successor in interest's
performance under the HAP contract. See Section 12-111.6 for a discussion of foreclosure as it
pertains to owner termination of tenancy.
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Chapter 14: Program Integrity
The PHA is committed to ensuring that subsidy funds made available to The PHA are spent
in accordance with HUD requirements.
This chapter covers HUD and PHA policies designed to prevent, detect, investigate, and resolve
instances of program abuse or fraud. It also describes the actions that will be taken in the case of
unintentional errors and omissions.
Part I: Preventing, Detecting, and Investigating Errors and Program Abuse. This part presents
PHA policies related to preventing, detecting, and investigating errors and program abuse.
Part II: Corrective Measures and Penalties. This part describes the corrective measures the PHA
must and may take when errors or program abuses are found.
Part I: Preventing, Detecting, and Investigating Errors and Program
Abuse
14-1 A. PREVENTING ERRORS AND PROGRAM ABUSE
HUD created the Enterprise Income Verification (EIV) system to provide PHAs with a powerful tool for
preventing errors and detecting program abuse. PHAs are required to use the EIV system in its entirety in
accordance with HUD administrative guidance [24 CFR 5.233]. PHAs are further required to:
• Provide applicants and participants with form HUD -52675, "Debts Owed to PHAs and
Terminations"
• Require all adult members of an applicant or participant family to acknowledge receipt of form
HUD -52675 by signing a copy of the form for retention in the family file
IRCHSD Policy
To ensure that IRCHSD's PHA Program is administered according to the highest ethical and
legal standards, IRCHSD will employ a variety of techniques to ensure that both errors and
intentional program abuse are rare.
IRCHSD will discuss program compliance and integrity issues during the voucher briefing
sessions described in Chapter 5.
IRCHSD will provide each applicant and participant with a copy of "Is Fraud Worth It?" (form HUD-
1141-0IG), which explains the types of actions a family must avoid and the penalties for program
abuse.
IRCHSD will provide each applicant and participant with a copy of "What You Should Know about
EIV," a guide to the Enterprise Income Verification (EIV) system published by HUD as an attachment
to Notice PIH 2017-12. In addition, the PHA will require the head of each household to acknowledge
receipt of the guide by signing a copy for retention in the family file.
IRCHSD will place a warning statement about the penalties for fraud (as described in 18 U.S.C. 1001
and 1010) on key IRCHSD forms and form letters that request information from a family or owner.
IRCHSD staff will be required to review and explain the contents of all HUD- and IRCHSD -
required forms prior to requesting family member signatures.
At every regular reexamination, IRCHSD will explain any changes in HUD regulations or HCV
Admin policy that affect program participants.
IRCHSD will require first-time owners (or their agents) to participate in a briefing session on
HAP contract requirements.
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IRCHSD will provide owners with ongoing information about the program, with an emphasis
on actions and situations to avoid.
IRCHSD will provide each IRCHSD employee with the necessary training on program rules
and the organization's standards of conduct and ethics.
For purposes of this chapter the term error refers to an unintentional error or omission. Program abuse or
fraud refers to a single act or pattern of actions that constitute a false statement, omission, or
concealment of a substantial fact, made with the intent to deceive or mislead.
14-1 B. DETECTING ERRORS AND PROGRAM ABUSE
In addition to taking steps to prevent errors and program abuse, the PHA will use a variety of activities to
detect errors and program abuse.
Quality Control and Analysis of Data
Under the Section 8 Management Assessment Program (SEMAP), HUD requires PHAs to review a
random sample of tenant records annually to determine if the records conform to program requirements
and to conduct quality control inspections of a sample of units to ensure compliance with NSPIRE
standards[24 CFR, Part 985]. (See Chapter 16 for additional information about SEMAP requirements).
IRCHSD Policy
In addition to the SEMAP quality control requirements, IRCHSD will employ a variety of methods to
detect errors and program abuse.
IRCHSD will routinely use HUD and other non -HUD sources of up -front income verification.
This includes The Work Number and any other private or public databases available to the
County if this information is provided without a cost to the PHA.
At each annual reexamination, current information provided by the family will be compared to
information provided at the last annual reexamination to identify inconsistencies and
incomplete information.
IRCHSD will compare family -reported income and expenditures to detect possible
unreported income.
Independent Audits and HUD Monitoring
OMB Circular A-133 requires all PHAs that expend $500,000 or more in federal awards annually to have
an independent audit (IPA). In addition, HUD conducts periodic on-site and automated monitoring of PHA
activities and notifies the PHA of errors and potential cases of program abuse.
IRCHSD Policy
IRCHSD will use the results reported in any IPA or HUD monitoring reports to identify
potential program abuse as well as to assess the effectiveness of IRCHSD's error detection
and abuse prevention efforts.
Individual Reporting of Possible Errors and Program Abuse
IRCHSD Policy
IRCHSD staff will encourage participants, owners and community members to report suspected
fraud and program abuse. All such referrals, as well as referrals from other agencies, will be
thoroughly documented and placed in the participant's file. All allegations, complaints and tips will
be carefully evaluated to determine if they warrant further investigation.
IRCHSD will investigate allegations that contain one or more independently verifiable facts but will
not investigate allegations that are vague or non-specific.
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14-1 C. INVESTIGATING ERRORS AND PROGRAM ABUSE
When IRCHSD Will Investigate
IRCHSD Policy
IRCHSD will review all referrals, specific allegations, complaints, and tips from any source
including other agencies, companies, and individuals, to determine if they warrant investigation.
In order for IRCHSD to investigate, the allegation must contain at least one independently
verifiable item of information, such as the name of an employer or the name of an unauthorized
household member.
IRCHSD will investigate when inconsistent or contradictory information is detected through
file reviews and the verification process or as a result of findings during an inspection.
Consent to Release of Information [24 CFR 982.5161
The PHA may investigate possible instances of error or abuse using all available the PHA and public
records. If necessary, the PHA will require HCV families to sign consent forms for the release of additional
information.
Analysis and Findings
IRCHSD Policy
IRCHSD will base its evaluation on a preponderance of the evidence collected during its
investigation.
Preponderance of the evidence is defined as evidence which is of greater weight or more
convincing than the evidence which is offered in opposition to it; that is, evidence that as a whole
show that the fact sought to be proved is more probable than not. Preponderance of evidence may
not be determined by the number of witnesses, but by the greater weight of all evidence.
For each investigation the PHA will determine (1) whether an error or program abuse has
occurred, (2) whether any amount of money is owed to them, and (3) what corrective measures or
penalties will be assessed.
Consideration of Remedies
All errors and instances of program abuse must be corrected prospectively. Whether the PHA will enforce
other corrective actions and penalties depends upon the nature of the error or program abuse.
IRCHSD Policy
In the case of family -caused errors or program abuse, IRCHSD will take into consideration (1)
the seriousness of the offense and the extent of participation or culpability of individual family
members, (2) any special circumstances surrounding the case, (3) any mitigating circumstances
related to the disability of a family member, (4) the effects of a particular remedy on family
members who were not involved in the offense.
In the case of owner -caused errors or program abuse, IRCHSD will take into consideration (1)
the seriousness of the offense, (2) the length of time since the violation has occurred, and (3)
the effects of a particular remedy on family members who were not involved in the offense.
Notice and Appeals
i ��4SO i OI i3
IRCHSD will inform the relevant party in writing of its findings and remedies within 10 business
days of the conclusion of the investigation. The notice will include (1) a description of the error
or program abuse, (2) the basis on which IRCHSD determined the error or program abuses, (3)
the remedies to be employed, and (4) the family's right to appeal the results through the
informal review or hearing process, if applicable (see Chapter 16).
pg. 222
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Administrative Plan Indian River County Housing Services Division
Part I1: Corrective Measures and Penalties
14 -II A. SUBSIDY UNDER- OR OVERPAYMENTS
A subsidy under- or overpayment includes (1) an incorrect housing assistance payment to the owner, (2)
an incorrect family share established for the family, and (3) an incorrect utility reimbursement to a family.
Corrections
Whether the incorrect subsidy determination is an overpayment or underpayment of subsidy, the
PHA must promptly correct the HAP, family share, and any utility reimbursement prospectively.
IRCHSD Policy
Increases in the family share will be implemented on the first of the month following a written 30 -
day notice.
Any decreases in family share will become effective the first of the month following the discovery
of the error.
If IRCHSD discovers an administrative error that has an effect upon a participant family's
rental subsidy, it will take necessary steps to correct the error and make adjustments to the
tenant's subsidy calculation.
If correction of the error would have an adverse effect on the tenant family (e.g., a reduction in
HAP to the owner) then IRCHSD will provide the family with a 30 -day notice. If correction of
the error would be favorable to the tenant (e.g., a retroactive increase in HAP to the owner)
then IRCHSD will calculate the adjustment amount from the point at which the error was made
to the month during which the error was corrected. The adjustment amount will be credited to
the owner's account. The owner will be responsible for adjusting the rent accordingly or for
issuing a refund to tenant.
Reimbursement
Whether the family or owner is required to reimburse the or the PHA is required to make retroactive
subsidy payments to the owner or family depends upon which party is responsible for the incorrect
subsidy payment and whether the action taken was an error or program abuse. Policies regarding
reimbursement are discussed in the three sections that follow.
14 -II B. FAMILY -CAUSED ERRORS AND PROGRAM ABUSE
Family obligations and general administrative requirements for participating in the program are
discussed throughout this plan. This section deals specifically with errors and program abuse by family
members.
An incorrect subsidy determination caused by a family generally would be the result of incorrect reporting
of family composition, income, assets, or expenses, but also would include instances in which the family
knowingly allows the PHA to use incorrect information provided by a third party.
Family Reimbursement to PHA [HCV GB pp. 22-12 to 22-13]
IRCHSD P�9
In the case of family -caused errors or program abuse, the family will be required to repay any
excess subsidy received. IRCHSD may, but is not required to, offer the family a repayment
agreement in accordance with Chapter 16. If the family fails to repay the excess subsidy, IRCHSD
will terminate the family's assistance in accordance with the policies in Chapter 12.
PHA Reimbursement to Family [HCV GB p. 22-12]
IRCHSD Policy
IRCHSD will not reimburse the family for any underpayment of assistance when the.. underpayment
clearly is caused by the family.
pg. 223
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Administrative Plan Indian River County Housing Services Division
Prohibited Actions
An applicant or participant in the PHA Program must not knowingly:
• Make a false statement to the PHA [Title 18 U.S.C. Section 10011.
• Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing
program [24 CFR 982.552(c)(iv)].
IRCHSD Policv
Any of the following will be considered evidence of family program abuse:
• Payment to the owner in excess of amounts authorized IRCHSD for rent, security
deposit, and additional services
• Offering bribes or illegal gratuities to the IRC Board of Commissioners, employees,
contractors, or other IRCHSD representatives
• Offering payments or other incentives to the owner or a third party as an inducement for
the third party to make false or misleading statements to IRCHSD on the family's behalf
• Use of a false name or the use of falsified, forged, or altered documents
• Intentional misreporting of family information or circumstances (e.g., income, family
composition)
• Omitted facts that were obviously known by a family member (e.g., not reporting
employment income)
• Admission of program abuse by an adult family member
IRCHSD may determine other actions to be program abuse based upon a preponderance
of the evidence, as defined earlier in this chapter.
Penalties for Program Abuse
In the case of program abuse caused by a family the PHA may, at its discretion, impose any of the
following remedies.
• The PHA may require the family to repay excess subsidy amounts paid by the PHA, as described
earlier in this section.
• The PHA may require, as a condition of receiving or continuing assistance, that a culpable
family member not reside in the unit. See policies in Chapter 3 (for applicants) and Chapter 12
(for participants).
• The PHA may deny or terminate the family's assistance following the policies set forth in
Chapter 3 and Chapter 12 respectively.
• The PHA may refer the family for state or federal criminal prosecution as described in section
14-11. E.
IRCHSD Policv
IRCHSD will issue a termination notice if the amount is over $10,000, if there is a history of
such violations, or, when the amount is less than $10,000 if the participant refuses enter
into a payment agreement and/or make payments on a signed payment agreement.
When a participant intentionally falsifies, misstates, omits or otherwise misrepresents a
material fact which results (or would have resulted) in an overpayment of housing assistance,
IRCHSD may, depending upon its evaluation of the criteria stated below, take one or more of
the following actions:
• Criminal prosecution: IRCHSD may refer the case to the County Attorney, County
Prosecutor, Indian River County Sheriffs Department or other law enforcement
agencies, other investigative agencies (such as the State Department of Social and
Health Services), the Immigration and Naturalization Service, or the IRS, as applicable.
pg. 224
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Administrative Plan Indian River County Housing Services Division
• IRCHSD may also notify HUD's Office of the Inspector General;
• Civil litigation: IRCHSD may bring an action for recovery of funds and for costs and
attorneys' fees; or
• Administrative remedies: IRCHSD will terminate assistance and may execute an
administrative repayment agreement in accordance with IRCHSD's repayment
policy.
The Case Conference for Serious Violations and Misrepresentations
IRCHSD Policy
When IRCHSD has established that material misrepresentation (s) have occurred, a case
conference may be scheduled at IRCHSD's discretion to discuss the allegations with the family
representative. The conference may, in IRCHSD's discretion, take place prior to any proposed
action. The purpose of the conference is to review the information and evidence available with the
participant, and to provide the participant an opportunity to explain any findings which conflict
with representations in the participant's file. Any documents or mitigating circumstances
presented by the participant will be taken into consideration by IRCHSD. The participant will be
given 10 business days to furnish any mitigating evidence.
A secondary purpose of the case conference is to assist IRCHSD in determining the course of
action most appropriate for the case. Prior to the final determination of the proposed action,
IRCHSD will consider:
• The duration of the violation and number of false statements;
• The family's ability to understand the rules;
• The family's willingness to cooperate, and to accept responsibility for their actions;
• The family's past history; and
• Whether or not criminal intent has been established.
Post -Case Conference Notification to Participant of Proposed Action
Unless the participant provides evidence of mitigating circumstances, IRCHSD will notify the family
by certified mail of the proposed termination action no later than 30 days after the case
conference.
14 -II C. OWNER -CAUSED ERROR OR PROGRAM ABUSE
Owner requirements that are part of the regular process of offering, leasing, and maintaining a unit (e.g.,
NSPIRE compliance, fair housing) are addressed in the appropriate chapters of this plan. This section
focuses on errors and program abuse by owners.
An incorrect subsidy determination caused by an owner generally would be the result of an incorrect
owner statement about the characteristics of the assisted unit (e.g., the number of bedrooms, which
utilities are paid by the family). It also includes accepting duplicate housing assistance payments for the
same unit in the same month, or after a family no longer resides in the unit.
Owner Reimbursement to the PHA
In all cases of overpayment of subsidy caused by the owner, the owner must repay to the PHA any
excess subsidy received. The PHA may recover overpaid amounts by withholding housing assistance
payments due for subsequent months, or if the debt is large, IRCHSD may allow the owner to pay in
installments over a period of time [HCV GB p. 22-13].
IRCHSD Policy
In cases where the owner has received excess subsidy, IRCHSD will require the owner to repay
the amount owed in accordance with the policies in Section 16-IV.B.
pg. 225
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Administrative Plan Indian River County Housing Services Division
Prohibited Owner Actions
An owner participating in the PHA Program must not:
• Make any false statement to the PHA [Title 18 U.S.C. Section 1001].
• Commit fraud, bribery, or any other corrupt or criminal act in connection with any federal housing
program [24 CFR 982.453(a)(3)] including:
IRCHSD Policy
Any of the following will be considered evidence of owner program abuse:
• Charging the family rent above or below the amount specified by IRCHSD
• Charging a security deposit other than that specified in the family's lease
• Charging the family for services that are provided to unassisted tenants at no
extra charge
• Knowingly accepting housing assistance payments for any month(s) after the family has
vacated the unit
• Knowingly accepting incorrect or excess housing assistance payments
• Offering bribes or illegal gratuities to IRC Board of Commissioners, employees,
contractors, or other County representatives
• Offering payments or other incentives to an HCV family as an inducement for the family
to make false or misleading statements to IRCHSD
• Residing in the unit with an assisted family
• Committing sexual or other harassment, either quid pro quo or hostile environment, based
on the protected classes defined in Chapter 2
Remedies and Penalties
When the PHA determines that the owner has committed program abuse, the PHA may take any of the
following actions:
• Require the owner to repay excess housing assistance payments, as discussed earlier in
this section and in accordance with the policies in Chapter 16.
• Terminate the HAP contract (See Chapter 13).
• Bar the owner from future participation in any PHA programs.
• Refer the case to state or federal officials for criminal prosecution as described in section 1411.E.
14 -II D. PHA -CAUSED ERRORS OR PROGRAM ABUSE
The responsibilities and expectations of PHA staff with respect to normal program administration are
discussed throughout this plan. This section specifically addresses actions of a PHA staff member that
are considered errors or program abuse related to the PHA Program. Additional standards of conduct
may be provided in the PHA personnel policy.
PHA -caused incorrect subsidy determinations include (1) failing to correctly apply HCV rules regarding
family composition, income, assets, and expenses, (2) assigning the incorrect voucher size to a family,
and (3) errors in calculation.
Repayment to the PHA
Neither a family nor an owner is required to repay an overpayment of subsidy if the error or program
abuse is caused by PHA staff [HCV GB. 22-12].
PHA Reimbursement to Family or Owner
The PHA must reimburse a family for any underpayment of subsidy, regardless of whether the
underpayment was the result of staff -caused error or staff or owner program abuse. Funds for this
reimbursement must come from the PHA's administrative fee reserves [HCV GB p. 22-12].
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Administrative Plan Indian River County Housing Services Division
Prohibited Activities
IRCHSD Poi
Any of the following will be considered evidence of program abuse by IRCHSD staff:
• Failing to comply with any PHA Program requirements for personal gain
• Failing to comply with any PHA Program requirements as a result of a conflict of
interest relationship with any applicant, participant, or owner.
• Seeking or accepting anything of material value from applicants, participating families,
vendors, owners, contractors, or other persons who provide services or materials to
IRCHSD
• Disclosing confidential or proprietary information to outside parties
• Gaining profit as a result of insider knowledge of PHA activities, policies, or practices
• Misappropriating or misusing HCV funds
• Destroying, concealing, removing, or inappropriately using any records related to the
PHA Program
• Committing any other corrupt or criminal act in connection with any federal housing
program
14 -II E. CRIMINAL PROSECUTION
IRCHSD Policy
When IRCHSD determines that program abuse by an owner, family, or IRCHSD staff member
has occurred and the amount of overpaid subsidy meets or exceeds the threshold for
prosecution under local or state law, IRCHSD will refer the matter to the appropriate entity for
prosecution. When the amount of overpaid assistance meets or exceeds the federal threshold,
the case will also be referred to the HUD Office of Inspector General (OIG).
Other criminal violations related to the PHA Program will be referred to the appropriate
local, state, or federal entity.
14 -II F. FRAUD AND PROGRAM ABUSE RECOVERIES
The PHA may retain a portion of program fraud losses that the PHA recovers from a family or owner
through litigation, court order, or a repayment agreement [24 CFR 982.1631.
The PHA must be the principal party initiating or sustaining the action to recover amounts due from
tenants that are due as a result of fraud and abuse. 24 CFR 792.202 permits the PHA to retain the
greater of:
• 50 percent of the amount it actually collects from a judgment, litigation (including settlement of a
lawsuit) or an administrative repayment agreement, or
• Reasonable and necessary costs that the PHA incurs related to the collection including costs of
investigation, legal fees, and agency collection fees.
The family must be afforded the opportunity for an informal hearing in accordance with requirements in 24
CFR 982.555.
If HUD incurs costs on behalf of the PHA related to the collection, these costs must be deducted from the
amount retained by the PHA.
pg. 227
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Administrative Plan Indian River County Housing Services Division
Chapter 15: Special Housing Types
The PHA may permit a family to use any of the special housing types discussed in this chapter.
However, the PHA is not required to permit families receiving assistance in its jurisdiction to use these
housing types, except that PHAs must permit use of any special housing type if needed as a reasonable
accommodation for a person with a disability. The PHA also may limit the number of families who receive
HCV assistance in these housing types and cannot require families to use a particular housing type. No
special funding is provided for special housing types. Unless specifically modified by the regulations,
NSPIRE standards apply to special housing types (Single Room Occupancy, Congregate Housing, Group
Homes, Shared Housing, Manufactured Homes, Homeownership units) [Notice PIH 2023-281.
Special housing types include single room occupancy (SRO), congregate housing, group homes, shared
housing, cooperative housing, manufactured homes where the family owns the home and leases the
space, and homeownership [24 CFR 982.601]. A single unit cannot be designated as more than one type
of special housing. The PHA cannot give preference to households that wish to live in any of these types
of housing and cannot require households to select any of these types of housing [New HCV GB, Special
Housing Types, p. 3].
IRCHSD Policy
Families will not be permitted to use any special housing type, except as a reasonable
accommodation. IRCHSD will not allow any manufactured homes where the family owns the home
and leases the space, no assistance for homeownership homes, no shared housing, no cooperative
housing, no congregate housing and no group homes.
This chapter consists of the following four parts. Each part contains a description of the housing type and
any special requirements associated with it. Except as modified by this chapter, the general requirements
of the PHA Program apply to special housing types.
Part I: Single Room Occupancy
Part II: Congregate Housing
Part III: Shared Housing
Part IV: Cooperative housing
Part I: Single Roam Occupancy [24 CFR 982.602 through 982.6051
15-1 A. OVERVIEW
A single room occupancy (SRO) unit provides living and sleeping space for the exclusive use of the
occupant but requires the occupant to share sanitary and/or food preparation facilities with others. More
than one person may not occupy an SRO unit. HCV regulations do not limit the number of units in an
SRO facility, but the size of a facility may be limited by local ordinances.
When providing HCV assistance in an SRO unit, a separate lease and HAP contract are executed for each
assisted person. The standard form of the HAP contract is used (form HUD -52641) with the special
housing type specified in Part A of the HAP contract, as follows: "This HAP contract is used for the
following special housing type under HUD regulations for the Section 8 voucher program: Single room
occupancy (SRO) housing."
15-1 B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP
CALCULATION
The payment standard for SRO housing is 75 percent of the zero -bedroom (studio) payment standard
amount on the PHA's payment standard schedule.
The utility allowance for an assisted person residing in SRO housing is 75 percent of the zero -
bedroom utility allowance.
The HAP for an assisted occupant in an SRO facility is the lower of the SRO payment standard amount
minus the TTP or the gross rent for the unit minus the TTP.
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15-1 C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)
NSPIRE requirements described in Chapter 8 apply to SRO housing except that sanitary facilities, and
space and security characteristics must meet local code standards for SRO housing. In the absence of
applicable local code standards for SRO housing, the following standards apply:
Access: Access doors to the SRO unit must have working locks for privacy. The occupant must
be able to access the unit without going through any other unit. Each unit must have immediate
access to two or more approved means of exit from the building, appropriately marked and
leading to safe and open space at ground level. The SRO unit must also have any other means of
exit required by State or local law.
• Fire Safety: All SRO facilities must have a sprinkler system that protects major spaces. "Major
spaces" are defined as hallways, large common areas, and any other areas specified in local
fire, building, or safety codes. SROs must also have hard -wired smoke detectors, and any other
fire and safety equipment required by state or local law.
Sanitary facilities and space and security standards must meet local code requirements for SRO housing. In
the absence of local code standards, the requirements discussed below apply [24 CFR 982.605].
Sanitary Facilities: At least one flush toilet that can be used in privacy, a lavatory basin, and a
bathtub or shower in proper operating condition must be provided for each six persons (or
fewer) residing in the SRO facility. If the SRO units are leased only to males, flush urinals may
be substituted for up to one half of the required number of toilets. Sanitary facilities must be
reasonably accessible from a common hall or passageway to all persons sharing them and may
not be located more than one floor above or below the SRO unit. They may not be located
below grade unless the SRO units are located on that level.
• Space and Security: An SRO unit must contain at least 110 square feet of floor space, and at
least four square feet of closet space with an unobstructed height of at least five feet, for use by
the occupant. If the closet space is less than four square feet, the habitable floor space in the
SRO unit must be increased by the amount of the deficiency. Exterior doors and windows
accessible from outside the SRO unit must be lockable.
For SRO housing, 24 CFR 5.703(d) only applies to the extent that the SRO unit contains the room or
facility referenced in 24 CFR 5.703(d). Because no children live in SRO housing, the housing quality
standards applicable to lead-based paint do not apply.
Part II: Congregate Housing [24 CFR 982.606 through 982.609 Form
HUD -52641; New HCV GB, Special Housing Types, p. 6
15 -II A. OVERVIEW
Congregate housing is intended for use by elderly persons or persons with disabilities. A congregate
housing facility contains a shared central kitchen and dining area and a private living area for the
individual household that includes at least a living room, bedroom and bathroom. Food service for
residents must be provided.
If approved by the PHA, a family member or live-in aide may reside with the elderly person or person with
disabilities. The PHA must approve a live-in aide if needed as a reasonable accommodation so that the
program is readily accessible to and usable by persons with disabilities.
When providing HCV assistance in congregate housing, a separate lease and HAP contract are
executed for each assisted family, T, and the standard form of the HAP contract is used. (form HUD -
52641) with the special housing type specified in Part A of the HAP contract, as follows: 'This HAP
contract is used for the following special housing type under HUD regulations for the Section 8 voucher
program: Congregate housing."
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15 -II B. PAYMENT STANDARD, UTILITY ALLOWANCE, AND HAP CALCULATION
The payment standard for an individual unit in a congregate housing facility is based on the number of
rooms in the private living area for the assisted family. If there is only one room in the unit (not including
the bathroom or the kitchen, if a kitchen is provided), The PHA must use the payment standard for a zero -
bedroom unit. If the unit has two or more rooms (other than the bathroom and the kitchen), the
PHA must use the one -bedroom payment standard.
The HAP for an assisted occupant in a congregate housing facility is the lower of the applicable payment
standard minus the TTP or the gross rent for the unit minus the TTP.
The gross rent for the unit for the purpose of calculating HCV assistance is the shelter portion
(including utilities) of the resident's monthly housing expense only. The residents' costs for food service
should not be included in the rent for a congregate housing unit.
15 -II C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)
NSPIRE requirements as described in Chapter 8 apply to congregate housing except for the
requirements stated below. Congregate housing is not subject to the requirement that the dwelling unit
must have a kitchen area. In place of the NSPIRE standards related to food preparation and refuse
disposal.
Congregate housing must have (1) a refrigerator of appropriate size in the private living area of each
resident; (2) a central kitchen and dining facilities located within the premises and accessible to the
residents, and (3) food service for the residents, that is not provided by the residents themselves.
The congregate housing must contain adequate facilities and services for the sanitary disposal of food
waste and refuse, including facilities for temporary storage where necessary.
The housing quality standards applicable to lead-based paint do not apply unless a child under the age of
six is expected to reside in the unit.
Part III: SHARED HOUSING [24 CFR 982.615 through 982.618; Fbnn
HUD -52641; Notice PIH 2021-05; New HCV 013, Special Housing
Types, p. 11 ]]
15 -III A. OVERVIEW
Families in markets with tight rental conditions or with a prevalence of single-family housing may
determine a shared housing living arrangement to be a useful way to secure affordable housing. PHAs
offering shared housing as a housing solution may also experience some reduction in the average per-
unit -cost (PUC) paid on behalf of assisted families.
Shared housing is a single housing unit occupied by an assisted family and another resident or residents.
The unit may be a house or an apartment. The shared unit consists of both common space for use by the
occupants of the unit and separate private space for each assisted family.
An assisted family may share a unit with other persons assisted under the PHA Program or with other
unassisted persons.
Shared housing may be offered in a number of ways, including for-profit co -living (such as a boarding
house, single bedroom with common living room/kitchen/dining room) run by a private company [Notice
PIH 2021-05].
The owner of a shared housing unit may reside in the unit, but housing assistance may not be paid on
behalf of the owner. The resident owner may not be related by blood or marriage to the assisted family.
pg. 230
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Administrative Plan Indian River County Housing Services Division
If approved by the PHA, a live-in aide may reside with the family to care for a person with disabilities. The
PHA must approve a live-in aide if needed as a reasonable accommodation so that the program is readily
accessible to and usable by persons with disabilities.
When shared housing is offered as a housing option, HUD encourages PHAs to consider ways in which
the families may be assisted in finding shared housing, including for-profit shared housing matching (such
as roommates or single -family homes) and online sites that charge a fee for their matching services, or
nonprofit shared housing matching services. HUD further encourages PHAs to include information about
this housing possibility in the family's voucher briefing.
PHAs should be aware of potential local legal barriers to HCV participants using shared housing, which
can create additional obstacles for shared housing:
• Municipalities may have occupancy limits for the number of unrelated persons who may
share a housing unit.
• Local zoning codes for single family housing may restrict occupancy in certain
areas to households whose family members are related by blood.
PHAs should work with local jurisdictions to find solutions that encourage affordable housing and are
consistent with the Fair Housing Act, Title VI, and other federal, state, and local fair housing laws. PHAs
should inform HUD if they encounter barriers to shared housing that may conflict with fair housing laws.
When providing HCV assistance in shared housing, a separate lease and HAP contract are executed for
each assisted family, and the standard form of the HAP contract is used. The standard form of the HAP
contract is used (form HUD -52641) with the special housing type specified in Part A of the HAP contract,
as follows: "This HAP contract is used for the following special housing type under HUD regulations for
the Section 8 voucher program: Shared housing."
15 -III B. PAYMENT STANDARD, UTILITY ALLOWANCE AND HAP CALCULATION
The payment standard for a family in shared housing is the lower of 80% of the payment standard for the
family unit size (voucher size) or the pro -rata share of the payment standard for the shared housing unit
size.
The pro -rata share is calculated by dividing the number of bedrooms available for occupancy by the
assisted family in the private space, non -shared by the total number of bedrooms in the unit.
Example: Family holds a two-bedroom voucher.
Shared housing unit size: bedrooms available to assisted family = 2
Total bedrooms in the unit: 3
2 Bedrooms for assisted family = 3 Bedrooms in the unit = .667 pro -rata share
2 BR payment standard: $1200
3 BR payment standard: $1695
$1695 x .667 (pro -rata share) _ $1131
$1131 is lower than the $1200 payment standard for the 2 BR family unit size
$1131 is the payment standard used to calculate the HAP
The HAP for a family in shared housing is the lower of the payment standard minus the TTP or the gross
rent minus the TTP.
For a family that resides in a shared housing unit, the payment standard is 80% of the payment standard
for a unit of the same bedroom size.
The utility allowance for an assisted family living in shared housing is the lower of the utility allowance
for the family unit size (voucher size) or the pro -rata share of the utility allowance for the shared housing
unit.
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Example: A family holds a 2 -bedroom voucher. The family decides to occupy 3 out of 4
bedrooms available in the unit.
The utility allowance for a 4 -bedroom unit equals $200
The utility allowance for a 2 -bedroom unit equals $100
The prorate share of the utility allowance is $150 (3/4 of $200)
The PHA will use the 2 -bedroom utility allowance of $100.
The rents paid for families living in shared housing are subject to generally applicable standards for rent
reasonableness. The rent paid to the owner for the assisted family must not exceed the pro -rata portion of
the reasonable rent for the shared unit. In determining reasonable rent, the PHA may consider whether
sanitary and food preparation areas are private or shared.
15 -III C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)
IRCHSD may not give approval to reside in shared housing unless the entire unit, including the portion of
the unit available for use by the assisted family under its lease, meets Housing Quality Standards (HQS)
as outlined in Chapter 8 and complies with current NSPIRE health, safety, and functionality requirements.
HQS requirements described in Chapter 8 apply to shared housing, except for the specific requirements
listed below:
Sanitary Facilities: Facilities available to the assisted family, whether located in the family's private space
or in shared common areas, must include:
• A living room,
• Sanitary facilities (i.e., a bathroom with a working toilet, sink, and bathing area),
• Food preparation and refuse disposal facilities (e.g., a working stove or range, refrigerator, sink
with hot and cold water, and food storage space), in accordance with 24 CFR 982.401(b) and (c).
Space and Security: The entire unit must provide adequate space and security for all assisted and
unassisted residents. Each assisted family must be provided with:
• A private space that includes at least one bedroom for each two persons in the family,
• A private space that is not less than the family unit size determined by the PHA, and
• Access to common space is appropriate and functional for shared use.
• A zero -bedroom or one -bedroom unit may not be used for shared housing.
NSPIRE Compliance: All shared housing units must also meet NSPIRE standards to ensure safe,
decent, and sanitary conditions. This includes:
• Functioning electrical systems,
• Safe and secure windows, doors, and locks,
• Adequate ventilation and lighting,
• Absence of health or safety hazards in private and shared spaces,
• Cleanliness and habitability of common areas used by all residents.
Part IV: Cooperative Housing [24 CFR 982.619; New HCV GB,
Special Housing Types, p. 14]
15 -IV A. OVERVIEW
This part applies to rental assistance for a cooperative member residing in cooperative housing. It does
not apply to assistance for a cooperative member who has purchased membership under the HCV
homeownership option, or to rental assistance for a family that leases a cooperative housing unit from a
cooperative member.
pg. 232
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Administrative Plan Indian River County Housing Services Division
A cooperative is a form of ownership (nonprofit corporation or association) in which the residents
purchase memberships in the ownership entity. Rather than being charged "rent" a cooperative member
is charged a "carrying charge." The monthly carrying charge includes the member's share of the
cooperative debt service, operating expenses, and necessary payments to cooperative reserve funds. It
does not include down payments or other payments to purchase the cooperative unit or to amortize a
loan made to the family for this purpose.
The occupancy agreement or lease and other appropriate documents must provide that the monthly
carrying charge is subject to Section 8 limitations on rent to owner, and the rent must be reasonable as
compared to comparable unassisted units.
When providing HCV assistance in cooperative housing, the standard form of the HAP contract is used
with the special housing type specified in Part A of the HAP contract, as follows: "This HAP contract is
used for the following special housing type under HUD regulations for the Section 8 voucher program:
Cooperative housing."
15 -IV B. PAYMENT STANDARD AND UTILITY ALLOWANCE
The payment standard and utility allowance are determined according to regular PHA Program
requirements.
The HAP for a cooperative housing unit is the lower of the payment standard minus the TTP or the gross
rent (monthly carrying charge for the unit, plus any utility allowance), minus the TTP. The monthly
carrying charge includes the member's share of the cooperative debt service, operating expenses, and
necessary payments to cooperative reserve funds. The carrying charge does not include down payments
or other payments to purchase the cooperative unit or to amortize a loan made to the family for this
purpose.
15 -IV C. NATIONAL STANDARDS FOR THE PHYSICAL INSPECTION OF
REAL ESTATE (NSPIRE)
All standard HQS requirements apply to cooperative housing units. There are no additional housing
quality requirements. The PHA remedies described in 24 CFR 982.404 do not apply. Rather, if the unit
and premises are not maintained in accordance with NSPIRE standards, the PHA may exercise all
available remedies regardless of whether the family or cooperative is responsible for the breach of
NSPIRE standards.
No housing assistance payment can be made unless unit meets NSPIRE standards, and the defect is
corrected within the period as specified by the PHA and the PHA verifies correction (see Chapter 8).
In addition to regular breaches of housing quality, breaches of NSPIRE standards by the family include
failure to perform any maintenance for which the family is responsible in accordance with the terms of the
cooperative occupancy agreement [HCV GB] .
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Chapter 16: Program Administration
This chapter discusses administrative policies and practices that are relevant to the activities covered in
this plan. The policies are discussed in seven parts as described below:
Part I: Administrative Fee Reserve. This part describes the PHA's policies with regard to
oversight of expenditures from its administrative fee reserve.
Part II: Setting Program Standards and Schedules. This part describes what payment standards
are, and how they are updated, as well as how utility allowances are established and revised.
Part III: Informal Reviews and Hearings. This part outlines the requirements and procedures for
informal reviews and hearings, and for informal hearings regarding citizenship status.
Part IV: Owner or Family Debts to the PHA. This part describes policies for recovery of monies
that the PHA has overpaid on behalf of families, or to owners, and describes the circumstances
under which IRCHSD will offer repayment agreements to owners and families. Also discussed are
the consequences for failure to make payments in accordance with a repayment agreement.
Part V: Section 8 Management Assessment Program (SEMAP). This part describes what the
SEMAP scores represent, how they are established, and how those scores affect a PHA.
r
Part VI: Record -Keeping. All aspects of the program involve certain types of record-keeping. This
part outlines the privacy rights of applicants and participants and record retention policies the
PHA will follow.
Part VII: Reporting and Record Keeping for Children with Elevated Blood Lead Level. This part
describes the PHA's responsibilities for reporting, data collection, and record keeping relative to
children with elevated blood lead levels that are less than six years of age, and are receiving HCV
assistance.
Part VIII: Determination of Insufficient Funding. This part describes the PHA's policies for
determining if there is sufficient funding to issue vouchers, to approve moves to higher cost units
or areas, and to continue assistance for all participant families.
Part IX: Violence against Women Act (VAWA): Notification, Documentation, Confidentiality. This
part contains key terms used in VAWA and describes requirements related to notifying families
and owners about their rights and responsibilities under VAWA; requesting documentation from
victims of domestic violence, dating violence, sexual assault, and stalking; and maintaining the
confidentiality of information obtained from victims.
Part I: Administrative Fee Reserve [24 CFR 982.155]
The PHA will maintain administrative fee reserves, or unrestricted net position (UNP) for the program to
pay program administrative expenses in excess of administrative fees paid by HUD for a PHA fiscal year.
HUD appropriations acts beginning with FFY 2004 have specified that administrative fee funding may be
used only for activities related to the provision of HCV assistance, including related development
activities. Notice PIH 2012-9 cites two examples of related development activities: unit modification for
accessibility purposes and development of project -based voucher units. The notice makes clear that other
activities may also qualify as related development activities. Administrative fees that remain in the UNP
account from funding provided prior to 2004 may be used for "other housing purposes permitted by state
and local law," in accordance with 24 CFR 982.155(b)(1).
In addition, as specified in Notice PIH 2022-18, PHAs may use administrative fee funding for both
administrative and "other expenses" needed to employ strategies and undertake activities beyond regular
administrative responsibilities to facilitate the successful leasing and use of housing choice vouchers by
families, such as through the use of security deposit assistance and landlord recruitment and incentive
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Administrative Plan Indian River County Housing Services Division
payments, among other allowable expenses specified in the notice. PHAs are also permitted to use UNP
for these expenses [Notice PIH 2022-18].
If a PHA has not adequately administered its PHA Program, HUD may prohibit use of funds in the UNP
Account and may direct the PHA to use funds in that account to improve administration of the program,
for HCV HAP expenses, or to reimburse ineligible expenses in accordance with the regulation at 24 CFR
982.155(b)(3).
HUD requires the PHA Board of Commissioners or other authorized officials to establish the maximum
amount that may be charged against the UNP account without specific approval.
IRCHSD Policy
Expenditures from the UNP account will be made in accordance with all applicable federal
requirements. Expenditures will not exceed $25,000 per occurrence without the prior approval of
the IRCHSD Manager, $25,000 to $50,000 per occurrence without the prior approval of the County
Administrator and over $50,000 per occurrence without the prior approval of the Indian River
County Board of County Commissioners.
Part Il: Setting Program Standards and Schedules
16 -II A. OVERVIEW
Although many of the program's requirements are established centrally by HUD, the PHA Program's
regulations recognize that some flexibility is required to allow the PHA to adapt the program to local
conditions. This part discusses how the PHA establishes and updates certain schedules and standards
that are used to administer the program locally. Details about how these schedules are applied to
individual families are provided in other chapters. The schedules and standards discussed here include:
• Payment Standards, which dictate the maximum subsidy a family can receive (application of the
payment standards is discussed in Chapter 6); and
• Utility Allowances, which specify how a family's payment should be adjusted to account for
tenant -paid utilities (application of utility allowances is discussed in Chapter 6).
IRCHSD Policy
Copies of the payment standard and utility allowance schedules are available for
review on IRCHSD's website w - w ir6c ,s
Families, owners, and members of the public may submit written comments on the schedules
discussed in this part, at any time, for consideration during the next revision cycle.
IRCHSD will maintain documentation to support its annual review of payment standards and
utility allowance schedules. This documentation will be retained for at least 3 years.
Establishing and updating the PHA passbook rate, which is used to calculate imputed income
from assets, is covered in Chapter 6 (see Section 6-I.G.).
16 -II B. PAYMENT STANDARDS [24 CFR 982.503; HCV GB, CHAPTER 7]
The payment standard sets the maximum subsidy payment a family can receive from the PHA each
month [24 CFR 982.505(a)]. Payment standards are based on fair market rents (FMRs) published
annually by HUD. FMRs are set at a percentile within the rent distribution of standard quality rental
housing units in each FMR area. For most jurisdictions FMRs are set at the 40th percentile of rents in the
market area.
The PHA must establish a payment standard schedule that establishes payment standard amounts for
each FMR area within the PHA's jurisdiction, and for each unit size within each of the FMR areas. For
each unit size, the PHA may establish a single payment standard amount for the whole FMR area or may
set different payment standards for different parts of the FMR area. Unless HUD grants an exception, the
pg. 235
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Administrative Plan Indian River County Housing Services Division
PHA is required to establish a payment standard within a "basic range" established by HUD — between 90
and 110 percent of the published FMR for each unit size.
Updating Payment Standards
When HUD updates its FMRs, the PHA must update its payment standards if the standards are no longer
within the basic range [24 CFR 982.503(b)]. HUD may require the PHA to make further adjustments if it
determines that rent burdens for assisted families in the PHA's jurisdiction are unacceptably high [24 CFR
982.503(g)].
IRCHSD Policv
Will review the appropriateness of the payment standards on an annual basis when the new FMR
is published, and at other times as determined necessary. In addition to ensuring the payment
standards are always within the "basic range" the HCV Agency will consider the following factors
when determining whether an adjustment should be made to the payment standard schedule:
Funding Availability: Will review the budget to determine the impact projected subsidy
adjustments will have on funding available for the program and the number of families
served. Will compare the number of families who could be served under revised payment
standard amounts with the number assisted under current payment standard amounts.
Rent Burden of Participating Families: Rent burden will be determined by identifying
the percentage of families, for each unit size, that are paying more than 30 percent of their
monthly adjusted income as the family share. When 40 percent or more of families, for
any given unit size, are paying more than 30 percent of adjusted monthly income as the
family share, will consider increasing the payment standard. In evaluating rent burdens,
will not include families renting a larger unit than their family unit size.
Quality of Units Selected: Will review the quality of units selected by participant families
when making the determination of the percent of income families are paying for housing,
to ensure that payment standard increases are only made when needed to reach the mid-
range of the market.
Changes in Rent to Owner: May review a sample of the units to determine how often
owners are increasing or decreasing rents and the average percent of
increases/decreases by bedroom size.
Unit Availability: Will review the availability of units for each unit size, particularly in
areas with low concentrations of poor and minority families.
Lease -up Time and Success Rate: Will consider the percentage of families that are
unable to locate suitable housing before the voucher expires and whether families are
leaving the jurisdiction to find affordable housing.
Changes to payment standard amounts will be effective on October 1 sl of every year, or within
three months of the FMR effective date, whichever is earlier. The effective date is applicable both
to HUD -required revisions and to discretionary revisions.
Exception Payment Standards f24 CFR 982.503(c), Notice PIH 2018-01, FR Notice 9/27/211
The PHA must request HUD approval to establish payment standards that are higher than the basic range.
At HUD's sole discretion, HUD may approve a payment standard amount that is higher than the basic
range for a designated part of the FMR area. HUD may approve an exception payment standard amount
(in accordance with program requirements) for all units, or for all units of a given size, leased by program
families in the exception area. Any PHA with jurisdiction in the exception area may use the HUD -approved
exception payment standard amount. The total population of all HUD -approved exception areas in an FMR
area may not include more than 50 percent of the population of the FMR area.
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Administrative Plan Indian River County Housing Services Division
Unit -by -Unit Exceptions [24 CFR 982.503(b), 24 CFR 982.505(d), Notice PIH 2010-261
Unit -by -unit exceptions to the PHA's payment standards generally are not permitted. However, an
exception may be made as a reasonable accommodation for a family that includes a person with
disabilities. (See Chapter 2 for a discussion of reasonable accommodations.) This type of exception does
not affect the PHA's payment standard schedule.
When needed as a reasonable accommodation, the PHA may make an exception to the payment
standard without HUD approval if the exception amount does not exceed 120 percent of the applicable
FMR for the unit size [24 CFR 982.503(b)]. The PHA may request HUD approval for an exception to the
payment standard for a particular family if the required amount exceeds 120 percent of the FMR.
IRCHSD Policy
IRCHSD may provide an accommodation payment standard for persons with disabilities under the
following circumstances:
• The family requests the accommodation in writing; and
• The family provides verification of the disability meeting the standards described in
Chapter 2, and the verification shows that the need for the higher payment standard
is related to the disability.
The accommodation payment standard shall be established within the basic range, unless an
increase beyond the basic range is approved by the Indian River County Board of County
Commissioners.
"Success Rate" Payment Standard Amounts [24 CFR 982.503(e)1
If a substantial percentage of families have difficulty finding a suitable unit, the PHA may request a
"success rate payment standard" that applies to the entire jurisdiction. If approved by HUD, a success
rate payment standard allows the PHA to set its payment standards at 90-110 percent of a higher FMR
(the 50th, rather than the 40th percentile FMR). To support the request, the PHA must demonstrate that
during the most recent 6 -month period for which information is available:
• Fewer than 75 percent of families who were issued vouchers became participants;
• The PHA had established payment standards for all unit sizes, and for the entire jurisdiction, at
110 percent of the published FMR; and
• The PHA had a policy of allowing voucher holders who made sustained efforts to locate units at
least 90 days to search for a unit.
Although HUD approves the success rate payment standard for all unit sizes in the FMR area, the
PHA may choose to adjust the payment standard for only some unit sizes in all, or a designated part,
of the PHA's jurisdiction within the FMR area.
Decreases in the Payment Standard below the Basic Range 1`24 CFR 982.503(d)1
The PHA must request HUD approval to establish a payment standard amount that is lower than the
basic range. At HUD's sole discretion, HUD may approve establishment of a payment standard lower
than the basic range. HUD will not approve a lower payment standard if the family share for more than 40
percent of program participants exceeds 30 percent of adjusted monthly income.
16 -II C. UTILITY ALLOWANCES [24 CFR 982.517
A PHA -established utility allowance schedule is used in determining family share and PHA subsidy. The
PHA must maintain a utility allowance schedule for (1) all tenant -paid utilities, (2) the cost of tenant -supplied
refrigerators and ranges, and (3) other tenant -paid housing services such as trash collection.
The utility allowance schedule must be determined based on the typical cost of utilities and services paid
by energy -conservative households that occupy housing of similar size and type in the same locality. In
developing the schedule, the PHA must use normal patterns of consumption for the community as a
whole, and current utility rates.
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Administrative Plan Indian River County Housing Services Division
The utility allowance must include the utilities and services that are necessary in the locality to provide
housing that complies with housing quality standards. Costs for telephone, cable/satellite television, and
internet services are not included in the utility allowance schedule.
In the utility allowance schedule, the PHA must classify utilities and other housing services according to
the following general categories: space heating; air conditioning; cooking; water heating; water; sewer;
trash collection; other electric; cost of tenant -supplied refrigerator; cost of tenant -supplied range; and other
specified housing services.
The cost of each utility and housing service must be stated separately by unit size and type. Chapter 18 of
the HCV Guidebook provides detailed guidance to the PHA about establishing utility allowance schedules.
Air Conditioning
An allowance for air-conditioning must be provided when the majority of housing units in the market have
central air-conditioning or are wired for tenant -installed air conditioners.
IRCHSD Policy
IRCHSD has included an allowance for air-conditioning in its schedule. Central air-conditioning or
a portable air conditioner must be present in a unit before they will apply this allowance to a
family's rent and subsidy calculations.
Reasonable Accommodation
PHA Program regulations require a PHA to approve a utility allowance amount higher than shown on the
PHA's schedule if a higher allowance is needed as a reasonable accommodation for a family member
with a disability. For example, if a family member with a disability requires such an accommodation, the
PHA will approve an allowance for air-conditioning, even if the PHA has determined that an allowance for
air-conditioning generally is not needed (See Chapter 2 for policies regarding the request and approval of
reasonable accommodations).
Utility Allowance Revisions
The PHA must review its schedule of utility allowances each year, and must revise the schedule if there
has been a change of 10 percent or more in any utility rate since the last time the allowance for that utility
was revised.
The PHA must maintain information supporting its annual review of utility allowance and any revisions
made in its utility allowance schedule.
Part III: Informal Reviews and Hearings
16 -III A. OVERVIEW
Both applicants and participants have the right to disagree with, and appeal, certain decisions of the
PHA that may adversely affect them. PHA decisions that may be appealed by applicants and participants
are discussed in this section.
The process for applicant appeals of PHA decisions is called the "informal review." For participants (or
applicants denied admission because of citizenship issues), the appeal process is called an "informal
hearing." PHAs are required to include informal review procedures for applicants and informal hearing
procedures for participants in their administrative plans [24 CFR 982.54(d)(12) and (13)].
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Administrative Plan Indian River County Housing Services Division
16 -III B. INFORMAL REVIEWS
Informal reviews are provided for program applicants. An applicant is someone who has applied for
admission to the program, but is not yet a participant in the program. Informal reviews are intended to
provide a "minimum hearing requirement" [24 CFR 982.554], and need not be as elaborate as the
informal hearing requirements [Federal Register 60, no. 127 (3 July 1995): 34690].
Decisions Subject to Informal Review
The PHA must give an applicant the opportunity for an informal review of a decision denying assistance
[24 CFR 982.554(a)]. Denial of assistance may include any or all of the following [24 CFR 982.552(a)(2)]:
• Denying listing on the PHA waiting list
• Denying or withdrawing a voucher
• Refusing to enter into a HAP contract or approve a lease
• Refusing to process or provide assistance under portability procedures
Informal reviews are not required for the following reasons [24 CFR 982.554(c)]:
• Discretionary administrative determinations by the PHA
• General policy issues or class grievances
• A determination of the family unit size under the PHA subsidy standards
• A PHA determination not to approve an extension or suspension of a voucher term
• A PHA determination not to grant approval of the tenancy
• A PHA determination that the unit is not in compliance with the NSPIRE standards
• A PHA determination that the unit is not in accordance with the space standards due to
family size or composition
IRCHSD Policy
IRCHSD will only offer an informal review to applicants for whom assistance is being denied.
Denial of assistance includes: denying listing on the IRCHSD waiting list; denying or
withdrawing a voucher; refusing to enter into a HAP contract or approve a lease; refusing to
process or provide assistance under portability procedures.
Exception: An applicant whose application is denied for reasons of citizenship or eligible immigrant status
shall be provided an "informal hearing" (see procedures below).
Notice to the Applicant [24 CFR 982.554(a)
The PHA must give an applicant prompt notice of a decision denying assistance. The notice must contain a
brief statement of the reasons for the PHA decision, and must also state that the applicant may request an
informal review of the decision. The notice must describe how to obtain the informal review.
IRCHSD Policy
If IRCHSD obtains criminal record information from a State or local agency showing that a
household member has been convicted of a crime relevant to applicant screening, IRCHSD will
notify the household of the proposed action and will provide the subject of the record and the
applicant a copy of such information, The applicant will be given an opportunity to dispute the
accuracy and relevance of the information. This opportunity will be provided before a denial of
admission on the basis of such information (24 CFR 5.903(f)).
Scheduling an Informal Review
iRCHSD Polio
A request for an informal review must be made in writing and delivered to IRCHSD either in
person or by first class mail, by the close of the business day, no later than 10 business days from
the date of IRCHSD's denial of assistance.
IRCHSD must schedule and send written notice of the informal review within 10 business days of
the family's request.
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Administrative Plan Indian River County' Housing Services Division
Informal Review Procedures [24 CFR 982.554(b)]
The informal review must be conducted by a person other than the one who made or approved the
decision under review, or a subordinate of this person.
The applicant must be provided an opportunity to present written or oral objections to the decision of
IRCHSD.
Ensuring Accessibility for Persons with Disabilities and LEP Individuals
As with in-person informal reviews, the platform for conducting remote informal reviews must be accessible
to persons with disabilities and the informal review must be conducted in accordance with Section 504 and
accessibility requirements. This includes ensuring any information, websites, emails, digital notifications,
and other virtual platforms are accessible for persons with vision, hearing, and other disabilities. Further,
providing effective communication in a digital context may require the use of individualized auxiliary aids or
services, such as audio description, captioning, sign language and other types of interpreters, keyboard
accessibility, accessible documents, screen reader support, and transcripts. Auxiliary aids or services must
be provided in accessible formats, in a timely manner, and in such a way to protect the privacy and
independence of the individual. PHAs may never request or require that individuals with disabilities
provide their own auxiliary aids or services, including for remote informal hearings.
PHAs are required to make reasonable accommodations in policies, practices, and procedures to ensure
persons with disabilities have a full and equal opportunity to participate in and benefit from all aspects of
the informal review process. See Chapter 2 for a more detailed discussion of reasonable accommodation
requirements.
If no method of conducting a remote informal review is available that appropriately accommodates an
individual's disability, the PHA may not hold against the individual their inability to participate in the
remote informal review, and the PHA should consider whether postponing the remote informal review to a
later date is appropriate or whether there is a suitable alternative.
Due to the individualized nature of disability, the appropriate auxiliary aid or service necessary, or
reasonable accommodation, will depend on the specific circumstances and requirements.
As with in-person reviews, Limited English Proficiency (LEP) requirements also apply to remote informal
reviews, including the use of interpretation services and document translation. See Chapter 2 for a more
thorough discussion of accessibility and LEP requirements, all of which apply in the context of remote
informal reviews.
Conducting Remote Informal Reviews
The PHA must ensure that the lack of technology or inability to use technology for remote informal
reviews does not pose a disadvantage to families that may not be apparent to the PHA. The PHA should
determine through a survey or other means if these barriers exist prior to conducting the remote informal
review and, if the family does not have the proper technology to fully participate, either postpone the
informal review or provide an alternative means of access.
As with in-person informal reviews, the PHA must provide all materials presented, whether paper or
electronic, to the family prior to the remote informal review. The family must also be provided with an
accessible means by which to transmit their own evidence.
The PHA must ensure that the applicant has the right to hear and be heard. All PHA policies and
processes for remote informal reviews must be conducted in accordance with due process requirements
and be in compliance with HUD regulations at 24 CFR 982.554 and guidance specified in Notice PIH
2020-32.
Informal Review Decision [24 CFR 982.554(b)1
The PHA must notify the applicant of the PHA's final decision, including a brief statement of the reasons
for the final decision.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
In rendering a decision, IRCHSD will evaluate the following matters:
• Whether or not the grounds for denial were stated factually in the notice to the family.
• The validity of the grounds for denial of assistance. If the grounds for denial are not
specified in the regulations, then the decision to deny assistance will be overturned.
• The validity of the evidence. IRCHSD will evaluate whether the facts presented prove
the grounds for denial of assistance. If the facts prove that there are grounds for denial,
and the denial is required by HUD, IRCHSD will uphold the decision to deny
assistance.
• If the facts prove the grounds for denial, and the denial is discretionary, IRCHSD will
consider the recommendation of the person conducting the informal review in making
the final decision whether to deny assistance.
IRCHSD will notify the applicant of the final decision, including a statement explaining the
reason(s) for the decision. The notice will be mailed within 10 business days of the informal
review, to the applicant and their representative, if any, along with proof of mailing.
If the decision to deny is overturned as a result of the informal review, processing for admission
will resume.
If the family fails to appear for their informal review without notice, the denial of admission will
stand, and the family will not receive another notification.
16 -III C. INFORMAL HEARINGS FOR PARTICIPANTS [24 CFR 982.5551
The PHA must offer an informal hearing for certain PHA determinations relating to the individual
circumstances of a participant family. A participant is defined as a family that has been admitted to the
PHA program and is currently assisted in the program. The purpose of the informal hearing is to
consider whether the PHA's decisions related to the family's circumstances are in accordance with the
law, HUD regulations and PHA policies.
The PHA is not permitted to terminate a family's assistance until the time allowed for the family to request
an informal hearing has elapsed, and any requested hearing has been completed. Termination of
assistance for a participant may include any or all of the following:
• Refusing to enter into a HAP contract or approve a lease
• Terminating housing assistance payments under an outstanding HAP contract
• Refusing to process or provide assistance under portability procedures
Decisions Subject to Informal Hearing
Circumstances for which the PHA must give a participant family an opportunity for an informal hearing are
as follows:
• A determination of the family's annual or adjusted income, and the use of such income
to compute the housing assistance payment
• A determination of the appropriate utility allowance (if any) for tenant -paid utilities from
the PHA utility allowance schedule
• A determination of the family unit size under the PHA's subsidy standards
• A determination to terminate assistance for a participant family because of the family's actions
or failure to act
• A determination to terminate assistance because the participant has been absent from the
assisted unit for longer than the maximum period permitted under PHA policy and HUD rules
A determination to terminate a participant's enrollment in FSS or JobLink, withhold supportive
services, or propose forfeiture of the family's escrow account [24 CFR 984.303(1)]
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Circumstances for which an informal hearing is not required are as follows:
• Discretionary administrative determinations by the PHA
• General policy issues or class grievances
• Establishment of the PHA schedule of utility allowances for families in the program
• A PHA determination not to approve an extension or suspension of a voucher term
• A PHA determination not to approve a unit or tenancy
• A PHA determination that a unit selected by the applicant is not in compliance with the NSPIRE
standards
• A PHA determination that the unit is not in accordance with space standards because of
family size
• A determination by the PHA to exercise or not to exercise any right or remedy against an
owner under a HAP contract
IRCHSD Policy
IRCHSD will only offer participants the opportunity for an informal hearing when required by the
regulations.
Informal Hearing Procedures
Notice to the Family (24 CFR 982.555(c)1
When the PHA makes a decision that is subject to informal hearing procedures, the PHA must inform the
family of its right to an informal hearing at the same time that it informs the family of the decision.
For decisions related to the family's annual or adjusted income, the determination of the appropriate utility
allowance, and the determination of the family unit size, the PHA must notify the family that they may ask
for an explanation of the basis of the determination, and that if they do not agree with the decision, they
may request an informal hearing on the decision.
For decisions related to the termination of the family's assistance, or the denial of a family's request for an
exception to the PHA's subsidy standards, the notice must contain a brief statement of the reasons for the
decision, a statement that if the family does not agree with the decision, the family may request an
informal hearing on the decision, and a statement of the deadline for the family to request an informal
hearing.
IRCHSD Folic
In cases where a decision is made for which an informal hearing must be offered, the notice to the
family will include all of the following:
• The proposed action or decision;
• A brief statement on the reasons for the decision, including the regulatory reference;
• The date the proposed action or decision will take place;
• The participant's right to an explanation of the basis for the decision;
• The procedures for requesting a hearing if the participant disputes the
action or decision;
• The deadline for requesting the hearing; and
• The name or title of the person to whom the hearing request should be addressed.
• A copy of the PHA's hearing procedures.
If IRCHSD obtains criminal record information from a State or local agency showing that a
household member has been convicted of a crime that may result in a denial of continued
participation in the program, IRCHSD will notify the household of the proposed action and will
provide the subject of the record and the participant a copy of such information, and an
opportunity to dispute the accuracy and relevance of the information. (24 CFR 5.903(f))
A copy of IRCHSD's hearing procedures shall be provided if requested by the family.
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Scheduling an Informal Hearing [24 CFR 982.555(d)1
When an informal hearing is required, the PHA must proceed with the hearing in a reasonably expeditious
manner upon the request of the family.
IRCHSD Policy
A request for an informal hearing must be made in writing and delivered to IRCHSD either in
person or by first class mail, by the close of the business day, no later than 10 business days
from the date of IRCHSD's decision or notice to terminate assistance.
When a request for an informal hearing is received, a hearing shall be scheduled within 10
business days from the date the request is received by IRCHSD. The hearing notification shall
state:
• The date and time of the hearing;
• The place where the hearing will be held;
• That the participant has a right to present evidence and witnesses, bring translators,
and be represented by legal or other representatives at the participant's expense; and
• The participant's pre -hearing right to discovery.
The family may request to reschedule a hearing for good cause, or if it is needed as a reasonable
accommodation for a person with disabilities. Good cause is defined as an unavoidable conflict
which seriously affects the health, safety or welfare of the family. Requests to reschedule a hearing
must be made orally or in writing prior to the hearing date. At its discretion, IRCHSD may request
documentation of the "good cause" prior to rescheduling the hearing.
If the family does not appear within 20 minutes of the scheduled time and was unable to
rescheduled the hearing in advance due to the nature of the conflict, the family must
contact IRCHSD within 24 hours of the scheduled hearing date, excluding weekends and
holidays. IRCHSD will reschedule the hearing only if the family can show good cause for the
failure to appear, or if it is needed as a reasonable accommodation for a person with disabilities.
Pre -Hearing Right to Discovery [24 CFR 982.555(e)1
Participants and the PHA are permitted pre -hearing discovery rights. The family must be given the
opportunity to examine before the hearing any PHA documents that are directly relevant to the hearing.
The family must be allowed to copy any such documents at their own expense. If the PHA does not make
the document available for examination on request of the family, the PHA may not rely on the document
at the hearing.
The PHA hearing procedures may provide that the PHA must be given the opportunity to examine at the
PHA offices before the hearing, any family documents that are directly relevant to the hearing. The PHA
must be allowed to copy any such document at the PHA's expense. If the family does not make the
document available for examination on request of the PHA, the family may not rely on the document at
the hearing.
For the purpose of informal hearings, documents include records and regulations.
If the family requests copies of documents relevant to the hearing, IRCHSD will make the copies
for the family and assess a charge of 15 cents per copy. In no case will the family be allowed to
remove the file from IRCHSD's office. The family must request discovery of PHA documents no
later than three business days prior to the scheduled hearing date.
IRCHSD shall have the opportunity to examine, at its offices, before the hearing, any of the
participant's documents that are relevant to the hearing and must be allowed to copy any such
document at its expense. Any documents not provided to IRCHSD may not be used in the
hearing.
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Participant's Right to Bring Counsel j24 CFR 982.555(e)(3)1
At its own expense, the family may be represented by a lawyer or other representative at the informal
hearing.
IRCHSD Policy
Other Participant Rights
Hearings Not Involving a Voucher Termination
Participants have the right to:
Present written or oral objections to IRCHSD's determination;
Present any information or witnesses on any pertinent issues; and
Request that IRCHSD staff be available or present at the hearing to answer
questions pertinent to the case.
Hearings Involving a Voucher Termination
IRCHSD shall afford, at a minimum, the following procedural safeguards to any Housing Choice
Voucher participant facing termination:
• At least 30 days' notice of the grounds for termination;
• An opportunity to appear in person and present objections orally;
• An opportunity to present any information or witnesses on any pertinent issues;
• An opportunity to confront and cross-examine adverse witnesses;
• A competent and impartial decision -maker;
• Determination of relevant facts by a preponderance of the evidence;
• A decision based solely on the evidence and arguments presented at the hearing;
• A written decision that explains the legal reasoning and factual basis for the decision;
IRCHSD Rights
Hearings Not Involving a Voucher Termination
In addition to other rights contained in this Chapter, IRCHSD has a right to:
• Present evidence and information on any pertinent issue;
• Three days' advance notice of the participant's intent to be represented by legal counsel
or other advocate or representative;
• Examine and copy any documents presented at the hearing;
• Be represented by counsel; and
• Have staff persons and other witnesses familiar with the case present.
Hearings Involving a Voucher Termination
In addition to other rights contained in this Chapter, IRCHSD has a right to:
• Present evidence and information on any pertinent issue;
• Three days' advance notice of the participant's intent to be represented by legal counsel
or other advocate or representative;
• Examine and copy any documents presented at the hearing;
• Be represented by counsel; and
• Have witnesses testify on any issue and have staff persons and other witnesses familiar
with the case present.
Informal Hearing Officer (24 CFR 982.555(e)(4)1
Informal hearings will be conducted by a person or persons approved by the PHA, other than the person
who made or approved the decision or a subordinate of the person who made or approved the decision.
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IRCHSD Policy
IRCHSD has designated the following to serve as hearing officers:
To be determined at the time of the Informal Hearing request and will be randomly
selected.
Attendance at the Informal Hearing
IRCHSD Policy
Hearings may be attended by a hearing officer and the following applicable persons:
• A County representative(s) and any witnesses for IRCHSD
• The participant and any witnesses for the participant
• The participant's counsel or other representative
• Any other person approved by IRCHSD as a reasonable accommodation for a person
with a disability.
Conduct at Hearings
The person who conducts the hearing may regulate the conduct of the hearing in accordance with the
PHA's hearing procedures [24 CFR 982.555(4)(ii)].
IRCHSD Policy
The hearing officer is responsible to manage the order of business and to ensure that hearings
are conducted in a professional and businesslike manner. Attendees are expected to comply with
all hearing procedures established by the hearing officer and guidelines for conduct. Any person
demonstrating disruptive, abusive or otherwise inappropriate behavior will be excused from the
hearing at the discretion of the hearing officer.
The informal hearing shall be conducted by a Hearing Officer appointed by IRCHSD who is
neither the person who made or approved the decision, nor a subordinate of that person.
Only the issues subject to appeal and raised by the participant in their notice of appeal shall be
addressed at the hearing. Evidence presented at the hearing may be considered without
regard to admissibility under the rules of evidence in judicial proceedings.
No documents may be presented at the hearing which have not been provided to the other party
if requested before the hearing. "Documents" include all written records.
If the family fails to appear at the hearing or fails to meet a deadline imposed by the Hearing
Officer, the decision of IRCHSD shall become final and take effect immediately. No new hearing
will be granted unless the applicant is able to demonstrate to IRCHSD, by clear and compelling
evidence, that their failure to appear or meet the deadline was caused by circumstances beyond
their control.
Evidence (24 CFR 982.555(e)(5)1
The PHA and the family must be given the opportunity to present evidence and question any witnesses.
In general, all evidence is admissible at an informal hearing. Evidence may be considered without regard
to admissibility under the rules of evidence applicable to judicial proceedings.
IRCHSD Policy
Any evidence to be considered by the hearing officer must be presented at the time of the
hearing. There are four categories of evidence.
Oral evidence: the testimony of witnesses
Documentary evidence: a writing which is relevant to the case, for example, a letter
written to IRCHSD. Writings include all forms of recorded communication or
representation, including letters, words, pictures, sounds, videotapes or symbols or
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combinations thereof.
Demonstrative evidence: Evidence created specifically for the hearing and
presented as an illustrative aid to assist the hearing officer, such as a model, a
chart or other diagram.
Real evidence: A tangible item relating directly to the case.
Hearsay Evidence is evidence of a statement that was made other than by a witness while
testifying at the hearing and that is offered to prove the truth of the matter. Even though evidence,
including hearsay, is generally admissible, hearsay evidence alone cannot be used as the sole
basis for the hearing officer's decision.
If either IRCHSD or the family fail to comply with the discovery requirements described above,
the hearing officer will refuse to admit such evidence.
Other than the failure of a party to comply with discovery, the hearing officer has the authority to
overrule any objections to evidence.
Procedures for Rehearing or Further Hearing
IRCHSD Policy
The hearing officer may ask the family for additional information and/or might adjourn the
hearing in order to reconvene at a later date, before reaching a decision. If the family misses an
appointment or deadline ordered by the hearing officer, the action of IRCHSD will take effect
and another hearing will not be granted.
Hearing Officer's Decision (24 CFR 982,555(e)(6)1
The person who conducts the hearing must issue a written decision, stating briefly the reasons for the
decision. Factual determinations relating to the individual circumstances of the family must be based on a
preponderance of evidence presented at the hearing.
IRCHSD Po€ic,
In rendering a decision, the hearing officer will consider the following matters:
• IRCHSD notice to the Family: The hearing officer will determine if the reasons for the
decision are factually stated in the Notice.
• Discovery: The hearing officer will determine if the IRCHSD staff and the family were
given the opportunity to examine any relevant documents in accordance with PHA
Program Admin policy.
• Evidence to Support the Decision: The evidence consists of the facts presented.
Evidence is not conclusion and it is not argument. The hearing officer will evaluate the
facts to determine if they support the IRCHSD conclusion.
• Validity of Grounds for Termination of Assistance (when applicable): The hearing
officer will determine if the termination of assistance is for one of the grounds specified in
the HUD regulations and HCV Admin policies. If the grounds for termination are not
specified in the regulations or in compliance with HCV Admin policies, then the decision of
the IRCHSD will be overturned.
The hearing officer will issue a written decision to the family and IRCHSD no later than 10
business days after the hearing. The report will contain the following information:
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Administrative Plan Indian River County Housing Services Division
Hearings Not Involving a Voucher Termination
• A clear statement of the Hearing Officer's findings, conclusion and decision;
• A clear summary of the decision and explanation of the reasons;
• If the decision involves money owed, a clear statement of the amount owed,
and documentation of the calculation of the amount owed; and
• The date of the decision is effective.
Hearings Involving a Voucher Termination
• The names of all persons present at the hearing, and identification of their roles (whether
as the hearing officer, a representative for IRCHSD, a member of the family, a witness,
interpreter, or other);
• The date and location of the hearing (and if the hearing occurred over multiple days,
the date the hearing began and the date it ended);
• A summary of the factual allegations and the IRCHSD action or decision under review;
• A summary of any evidence and arguments presented by the parties;
• A statement of the facts upon which the decision is based;
• A clear statement of the conclusion of law and any other relief ordered; and
• If the decision is to uphold termination, notice of the availability of judicial review. Such
notice shall also indicate: that time limitations for seeking judicial review may apply, that
participants who seek judicial review must do so at their own expense, that neither the
hearing officer nor IRCHSD can offer legal advice, and that participants who cannot
afford an attorney may seek information and referral to a legal services provider.
Issuance of Decision (24 CFR 982.555(e)(6)]
A copy of the hearing must be furnished promptly to the family.
IRCHSD Policy
The hearing officer will mail a "Notice of Hearing Decision" to IRCHSD and to the participant on
the same day or within a reasonable time. This notice will be sent by first-class mail. The
participant will be mailed the original "Notice of Hearing Decision" and a copy of the proof of
mailing. A copy of the "Notice of Hearing Decision" will be maintained in the PHA's file.
Effect of Final Decision (24 CFR 982.555(1))
The PHA is not bound by the decision of the hearing officer for matters in which the PHA is not
required to provide an opportunity for a hearing, decisions that exceed the authority of the hearing officer,
decisions that conflict with or contradict HUD regulations, requirements, or are otherwise contrary to
federal, state, or local laws.
If the PHA determines it is not bound by the hearing officer's decision in accordance with HUD
regulations, the PHA must promptly notify the family of the determination and the reason for the
determination.
IRCHSD Policy
IRCHSD shall not be bound by any decision that:
• Concerns matters for which no opportunity for a hearing is provided;
• Conflicts with or contradicts HUD regulations or requirements;
• Conflicts with or contradicts federal, state or local laws;
• Exceeds the authority of the Hearing Officer; or
• Involves issues not raised in the participant's appeal notice.
If IRCHSD determines that it is not bound by the Hearing Officer's decision it shall, within 10 days
of the date of the Hearing Officer's decision, so advise the participant in writing, which shall include
the reasons for IRCHSD's determination that it will not be bound by the decision.
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16-111 D. HEARING AND APPEAL PROVISIONS FOR NONCITIZENS [24 CFR 5.5141
Denial or termination of assistance based on immigration status is subject to special hearing and notice
rules. Applicants who are denied assistance due to immigration status are entitled to an informal hearing,
not an informal review.
Assistance to a family may not be delayed, denied, or terminated on the basis of immigration status at any
time prior to a decision under the United States Citizenship and Immigration Services (USCIS) appeal
process. Assistance to a family may not be terminated or denied while the PHA hearing is pending, but
assistance to an applicant may be delayed pending the completion of the informal hearing.
A decision against a family member, issued in accordance with the USCIS appeal process or the
PHA informal hearing process, does not preclude the family from exercising the right, that may otherwise
be available, to seek redress directly through judicial procedures.
Notice of Denial or Termination of Assistance [24 CFR 5.514(d)j
The notice of denial or termination of assistance for noncitizens must advise the family:
• That financial assistance will be denied or terminated, and provide a brief explanation of
the reasons for the proposed denial or termination of assistance.
• The family may be eligible for proration of assistance.
• In the case of a participant, the criteria and procedures for obtaining relief under the provisions for
preservation of families [24 CFR 5.514 and 5.5181.
• That the family has a right to request an appeal to the USCIS of the results of secondary
verification of immigration status and to submit additional documentation or explanation in support
of the appeal.
• That the family has a right to request an informal hearing with the PHA either upon completion of
the USCIS appeal or in lieu of the USCIS appeal.
• For applicants, assistance may not be delayed until the conclusion of the USCIS appeal process,
but assistance may be delayed during the period of the informal hearing process.
USCIS Appeal Process [24 CFR 5.514(e))
When the PHA receives notification that the USCIS secondary verification failed to confirm eligible
immigration status, the PHA must notify the family of the results of the USCIS verification. The family will
have 30 days from the date of the notification to request an appeal of the USCIS results. The request for
appeal must be made by the family in writing directly to the USCIS. The family must provide the PHA with
a copy of the written request for appeal and the proof of mailing.
IRCHSD Policy
IRCHSD will notify the family in writing of the results of the USCIS secondary verification within 10
business days of receiving the results.
The family must provide IRCHSD with a copy of the written request for appeal and proof of
mailing within 10 business days of sending the request to the USCIS.
The family must forward to the designated USCIS office any additional documentation or written
explanation in support of the appeal. This material must include a copy of the USCIS document
verification request (used to process the secondary request) or such other form specified by the
USCIS, and a letter indicating that the family is requesting an appeal of the USCIS immigration
status verification results.
The USCIS will notify the family, with a copy to the PHA, of its decision. When the USCIS notifies the
PHA of the decision, the PHA must notify the family of its right to request an informal hearing.
IRCHSD Policy
IRCHSD will send written notice to the family of its right to request an informal hearing within 10
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Administrative Plan Indian River County Housing Services Division
business days of receiving notice of the USCIS decision regarding the family's immigration
status.
Informal Hearing Procedures for Applicants f24 CFR 5.514(f)1
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may
request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of
receipt of the PHA notice of denial, or within 30 days of receipt of the USCIS appeal decision.
The informal hearing procedures for applicant families are described below.
Informal Hearing Officer
The PHA must provide an informal hearing before an impartial individual, other than a person who made
or approved the decision under review, and other than a person who is a subordinate of the person who
made or approved the decision. See Section 16-III.C. for a listing of positions that serve as informal
hearing officers.
Evidence
The family must be provided the opportunity to examine and copy at the family's expense, at a
reasonable time in advance of the hearing, any documents in the possession of the PHA pertaining to the
family's eligibility status, or in the possession of the USCIS (as permitted by USCIS requirements),
including any records and regulations that may be relevant to the hearing.
IRCHSD Policy
The participant has the right to view any available documents or evidence upon which IRCHSD
based the proposed action and, at the family's expense, obtain a copy of such documents prior to
the hearing. Requests for such documents or evidence must be received no later than three
business days before the hearing date. If the family requests copies of documents relevant to the
hearing, IRCHSD will make the copies for the family and assess a charge of 15 cents per copy. In
no case will the family be allowed to remove the file from IRCHSD's office.
The family must be provided with the opportunity to present evidence and arguments in support of
eligible status. Evidence may be considered without regard to admissibility under the rules of
evidence applicable to judicial proceedings.
The family must also be provided with the opportunity to refute evidence relied upon by the PHA,
and to confront and cross-examine all witnesses on whose testimony or information the PHA relies
on.
Representation and Interpretive Services
The family is entitled to be represented by an attorney or other designee, at the family's expense, and to
have such person make statements on the family's behalf.
The family is entitled to request an interpreter. Upon request, the PHA will provide competent
interpretation services, free of charge.
Recording of the Hearing
The family is entitled to have the hearing recorded by audiotape. The PHA may, but is not required to
provide a transcript of the hearing.
IRCHSD Policy
IRCHSD will not provide a transcript of audio taped hearing.
Hearing Decision
The PHA must provide the family with a written final decision, based solely on the facts presented at the
hearing, within 14 calendar days of the date of the informal hearing. The decision must state the basis for
the decision.
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Administrative Plan Indian River County Housing Services Division
Informal Hearing Procedures for Residents f24 CFR 5.514(f)1
After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the family may
request that the PHA provide a hearing. The request for a hearing must be made either within 30 days of
receipt of the PHA notice of termination, or within 30 days of receipt of the USCIS appeal decision.
For the informal hearing procedures that apply to participant families whose assistance is being
terminated based on immigration status, see Section 16-III.C.
Retention of Documents [24 CFR 5.514(h)1
The PHA must retain for a minimum of 5 years the following documents that may have been
submitted to the PHA by the family, or provided to the PHA as part of the USCIS appeal or PHA informal
hearing process:
• The application for assistance
• The form completed by the family for income reexamination
• Photocopies of any original documents, including original USCIS documents
• The signed verification consent form
• The USCIS verification results
• The request for a USCIS appeal
• The final USCIS determination
• The request for an informal hearing
• The final informal hearing decision
Part IV: Owner or Family Debts to the PHA
16 -IV A. OVERVIEW
PHAs are required to include in the administrative plan, policies concerning repayment by a family of
amounts owed to the PHA [24 CFR 982.54]. If the family breaches an agreement with the PHA to pay
amounts owed to a PHA, or amounts paid to an owner by a PHA, the PHA, at its discretion, may offer a
family the opportunity to enter an agreement to pay amounts owed to a PHA or amounts paid to an owner
by a PHA. The PHA may prescribe the terms of the agreement [24 CFR 982.552(c)(1)(vii). This part
describes the PHA's policies for recovery of monies owed to the PHA by families or owners.
IRCHSD Policy
When an action or inaction of an owner or participant results in the overpayment of housing
assistance, IRCHSD holds the owner or participant liable to return any overpayments to IRCHSD.
IRCHSD will enter into repayment agreements in accordance with the policies contained in this
part as a means to recover overpayments.
When an owner or participant refuses to repay monies owed to IRCHSD, IRCHSD will
utilize other available collection alternatives including, but not limited to, the following:
• Collection agencies
• Small claims court
• Civil lawsuit
• State income tax set-off program
16 -IV B. REPAYMENT POLICY
Owner Debts to IRCHSD
IRCHSD Policy
Any amount due to the PHA by an owner must be repaid by the owner within 30 days of the
determination of the debt.
If the owner fails to repay the debt within the required time frame and is entitled to future HAP
payments, IRCHSD will reduce the future HAP payments by the amount owed until the debt is
paid in full.
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Administrative Plan Indian River County Housing Services Division
If the owner is not entitled to future HAP payments, IRCHSD may, in its sole discretion, offer to
enter into a repayment agreement on terms prescribed.
If the owner refuses to repay the debt, does not enter into a repayment agreement, or breaches a
repayment agreement, the owner will be banned from future participation in the program and
pursue other modes of collection.
Family Debts to IRCHSD
Families are required to reimburse the PHA if they were charged less rent than required because the family
either underreported or failed to report income. PHAs are required to determine retroactive rent amounts as
far back as the PHA has documentation of family unreported income [Notice PIH 2018-18].
IRCHSD Pollicv
Any amount owed to IRCHSD by an HCV family must be repaid by the family. If the family is unable
to repay the debt within 30 days, IRCHSD will offer to enter into a repayment agreement in
accordance with the policies below.
If the family refuses to repay the debt, does not enter into a repayment agreement, or breaches a
repayment agreement, IRCHSD must terminate assistance [Notice PIH 2018-18] in accordance
with the policies in Chapter 12 and pursue other modes of collection.
Repayment Agreement 1`24 CFR 792.1031
The term repayment agreement refers to a formal written document signed by a tenant or owner and
provided to the PHA in which a tenant or owner acknowledges a debt in a specific amount and agrees to
repay the amount due at specific time periods.
General Repayment Agreement Guidelines for Families
Down Payment Requirement
IRCHSD Policy
Before executing a repayment agreement with a family, IRCHSD will generally require a down
payment of 10 percent of the total amount owed. If the family can provide satisfactory evidence
that a down payment of 10 percent would impose an undue hardship, the PHA may, in its sole
discretion, require a lesser percentage or waive the requirement.
Payment Thresholds
Notice PIH 2018-18 recommends that the total amount that a family must pay each month—the family's
monthly share of rent plus the monthly debt repayment amount—should not exceed 40 percent of the
family's monthly adjusted income. However, a family may already be paying 40 per cent or more of its
monthly adjusted income in rent. Moreover, Notice 2018-18 acknowledges that PHAs have the discretion to
establish "thresholds and policies" for repayment agreements with families [24 CFR 982.552(c)(1)(vii)].
IRCHSD Policy
IRHSD has established the following thresholds for repayment of debts:
• Amounts between $3,000 and the federal or state threshold for criminal prosecution, if
applicable, must be repaid within 36 months.
• Amounts between $2,000 and $2,999 must be repaid within 30 months.
• Amounts between $1,000 and $1,999 must be repaid within 24 months.
• Amounts under $1,000 must be repaid within 12 months.
If a family can provide evidence satisfactory to IRCHSD that the threshold applicable to the
family's debt would impose an undue hardship, they may, in its sole discretion, determine that a
lower monthly payment amount is reasonable. In making its determination, the PHA will consider
all relevant information, including the following:
• The amount owed by the family
• The reason for the debt, including whether the debt was the result of family action/inaction
or circumstances beyond the family's control
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Administrative Plan Indian River County Housing Services Division
• The family's current and potential income and expenses
• The family's current family share, as calculated under 24 CFR 982.515
• The family's history of meeting its financial responsibilities
Repayment Term
IRCHSD Policy
The payment agreement term shall range from 1 to 36 months but shall in any event be the
minimum time period in which the participant can be reasonably expected to repay the debt
owed. Written requests to the PHA Program Manager for a term longer than 36 months will
be reviewed on a case-by-case basis.
Execution of the Agreement
IRCHSD Policy
All repayment agreements must be in writing, dated, and signed by both the family and the PHA
[Notice PIH 2018-18].
Methods of Payment
IRCHSD Policy
Payments shall be made by money order.
Due Dates
IRCHSD Policy
All payments are due by the close of business on the 7th day of the month. If the 7m does not fall
on a business day, the due date is the close of business on the first business day after the 7'h.
Requests to Move
IRCHSD Policy
No move with continued assistance will be approved until the debt is paid in full or the family is
current in their payment agreement, unless the move is the result of one of the following causes:
• Family size exceeds the HQS maximum occupancy standards;
• The HAP Contract is terminated due to owner non-compliance or opt -out;
• A man-made or natural disaster;
• The move is pursuant to a reasonable accommodation approved by IRCHSD; or
• The move is necessary as a result of domestic violence, with documentation of police
reports.
IRCHSD may require that a payment agreement be current before issuing a voucher to move in these
cases.
Late or Missed Payments
IRCHSD Policy
If a payment is not received by the end of the business day on the date due, and prior approval for
the missed payment has not been given by the PHA, IRCHSD will send the family a delinquency
notice giving the family 10 business days to make the late payment. If the payment is not received
by the due date of the delinquency notice, it will be considered a breach of the agreement and will
terminate assistance in accordance with the policies in Chapter 12.
If a family receives three delinquency notices for unexcused late payments in a 12 -month period,
the repayment agreement will be considered in default and will terminate assistance in accordance
with the policies in Chapter 12.
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No Offer of Repayment Agreement
IRCHSD Policy
IRCHSD will not enter into a repayment agreement with a family if there is already a repayment
agreement in place with the family or if the amount owed by the family exceeds the federal or state
threshold for criminal prosecution, this will depend on the circumstances and the PHA will make
the final decision.
Repayment Agreements Involving Improper Payments
All repayment agreements must be in writing, dated, signed by both the family and the PHA, include the
total retroactive rent amount owed, any amount of lump sum payment made at time of execution, if
applicable, and the monthly repayment amount. Notice PIH 2018-18 requires certain provisions, at a
minimum, be included in any repayment agreement involving amounts owed by a family because it
underreported or failed to report income:
• A reference to the items in the family briefing packet that state the family's obligation to provide
true and complete information at every reexamination and the grounds on which IRCHSD may
terminate assistance because of a family's action or failure to act
• A statement clarifying that each month the family not only must pay to IRCHSD the monthly
payment amount specified in the agreement but must also pay to the owner the family's monthly
share of the rent to owner
• A statement that the terms of the repayment agreement may be renegotiated if the family's
income decreases or increases
• A statement that late or missed payments constitute default of the repayment agreement and may
result in termination of assistance
16 -IV C. RECORD KEEPING
In alignment with HUD Form -52675 and records in EIV, IRCHSD shall maintain a record of the family
debt in its financial systems for up to 10 -years from the end of participation date. At that time, the record
will be non -owing.
Part V: Section 8 Management Assessment Program (SEMAP)
16-V A. OVERVIEW
The Section 8 Management Assessment Program (SEMAP) is a tool that allows HUD to measure
performance in key areas to ensure program integrity and accountability. SEMAP scores translate into a
rating for each PHA as high performing, standard, or troubled. Scores on individual SEMAP indicators, as
well as overall SEMAP ratings, can affect the PHA in several ways.
• High -performing PHAs can be given a competitive advantage under notices of funding availability
[24 CFR 985.1031.
• Agencies with deficiencies on one or more indicators are required to correct the deficiencies and
report to HUD [24 CFR 985.106].
• Agencies with an overall rating of "troubled" are subject to additional HUD oversight, including on-
site reviews by HUD staff, a requirement to develop a corrective action plan, and monitoring to
ensure the successful implementation of the corrective action plan. In addition, Agencies that are
designated "troubled" may not use any part of the administrative fee reserve for other housing
purposes [24 CFR 985.1071.
• HUD may determine that an Agencies failure to correct identified SEMAP deficiencies or to prepare
and implement a corrective action plan required by HUD constitutes a default under the ACC [24
CFR 985.1091.
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16-V B. SEMAP CERTIFICATION [24 CFR 985.101]
PHAs must submit the HUD -required SEMAP certification form within 60 calendar days after the end of its
fiscal year. The certification must be approved by board resolution and signed by the PHA Program
Manager. If the PHA is a unit of local government or a state, a resolution approving the certification is not
required, and the certification must be executed by the PHA Program Manager.
PHAs with less than 250 voucher units are only required to be assessed every other fiscal year. HUD will
assess such PHAs annually if the PHA elects to have its performance assessed on an annual basis; or is
designated as "troubled" [24 CFR 985.105].
Failure of a PHA to submit its SEMAP certification within the required time frame will result in an overall
performance rating of "troubled."
A PHA SEMAP certification is subject to HUD verification by an on-site confirmatory review at any time.
Upon receipt of the PHA's SEMAP certification, HUD will rate the PHAs performance under each SEMAP
indicator in accordance with program requirements.
HUD Verification Method
Several of the SEMAP indicators are scored based on a review of a quality control sample selected for this
purpose. The PHA or the Independent Auditor must select an unbiased sample that provides an adequate
representation of the types of information to be assessed, in accordance with SEMAP requirements [24
CFR 985.21.
If the HUD verification method for the indicator relies on data in the Form -50058 module (formerly known
as MTCS) in the PIH Information Center (PIC), and HUD determines that those data are insufficient to
verify the PHA certification on the indicator due to the PHAs failure to adequately report family data, HUD
will assign a zero rating for the indicator [24 CFR 985.31.
16-V C. SEMAP INDICATORS [24 CFR 985.3 and form HUD -52648]
The table below lists each of the SEMAP indicators, contains a description of each indicator, and explains
the basis for points awarded under each indicator.
A PHA that expends less than $300,000 in Federal awards and whose Section 8 programs are not audited
by an independent auditor, is not rated under SEMAP indicators 1-7.
SEMAP Indicators
Indicator 1: Selection from the waiting list
Maximum Score: 15
• This indicator shows whether the PHA has written policies in its administrative plan for selecting
applicants from the waiting list and whether the PHA follows these policies when selecting
applicants for admission from the waiting list.
• Points are based on the percentage of families that are selected from the waiting list in
accordance with the PHA written policies, according to the PHA quality control sample.
Indicator 2: Rent reasonableness
Maximum Score: 20
• This indicator shows whether the PHA has and implements a reasonable written method to
determine and document for each unit leased that the rent to owner is reasonable based on
current rents for comparable unassisted units.
• Points are based on the percentage of units for which the PHA follows its written method to
determine reasonable rent and has documented its determination that the rent to owner is
reasonable, according to the PHA quality control sample.
Indicator 3: Determination of adjusted income
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Administrative Plan Indian River County Housing Services Division
Maximum Score: 20
• This indicator measures whether the PHA verifies and correctly determines adjusted income for
each assisted family, and where applicable, uses the appropriate utility allowances for the unit
leased in determining the gross rent.
• Points are based on the percentage of files that are calculated and verified correctly, according to
the quality control sample.
Indicator 4: Utility allowance schedule
Maximum Score: 5
• This indicator shows whether the PHA maintains an up-to-date utility allowance schedule.
• Points are based on whether the utility allowance schedule was reviewed and adjusted when
required, according to the SEMAP certification.
Indicator 5: HQS quality control inspections
Maximum Score: 5
• This indicator shows whether a PHA Program supervisor or designated person reinspects a
sample of units under contract during the fiscal year, which meets the minimum sample size
requirements for quality control of HQS inspections.
• Points are based on whether the required quality control reinspection's were completed,
according to the certification.
Indicator 6: HQS enforcement
Maximum Score: 10
• This indicator shows whether, following each HQS inspection of a unit under contract where the
unit fails to meet HQS, any cited life-threatening deficiencies are corrected within 24 hours from
the inspection and all other deficiencies are corrected within no more than 30 calendar days
from the inspection or any PHA -approved extension.
• Points are based on whether the PHA corrects all HQS deficiencies in accordance with required
time frames, according to the certification.
Indicator 7: Expanding housing opportunities
Maximum Points: 5
• Only applies to Agencies with jurisdiction in metropolitan FMR areas.
• This indicator shows whether they have adopted and implemented a written policy to encourage
participation by owners of units located outside areas of poverty or minority concentration;
informs voucher holders of the full range of areas where they may lease units both inside and
outside the PHAs jurisdiction; and supplies a list of landlords or other parties who are willing to
lease units or help families find units, including units outside areas of poverty or minority
concentration.
• Points are based on whether they have adopted and implemented written policies in accordance
with SEMAP requirements, according to the certification.
Indicator 8: FMR limit and payment standards
Maximum Points: 5 points
• This indicator shows whether the PHA has adopted a payment standard schedule that
establishes payment standard amounts by unit size for each FMR area in the PHAs jurisdiction,
that are within the basic range of 90 to 110 percent of the published FMR.
• Points are based on whether a payment standard schedule(s) was appropriately adopted
according to the certification.
Indicator 9: Annual reexaminations
Maximum Points: 10
• This indicator shows whether the PHA completes a reexamination for each participating family at
least every 12 months.
• Points are based on the percentage of reexaminations that are more than 2 months overdue,
according to data from PIC.
Indicator 10: Correct tenant rent calculations
Maximum Points: 5
• This indicator shows whether the PHA correctly calculates the family's share of the rent to owner.
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Administrative Plan Indian River County Housing Services Division
• Points are based on the percentage of correct calculations of family share of the rent, according
to data from PIC.
Indicator 11: Pre -contract HQS inspections
Maximum Points: 5
• This indicator shows whether newly leased units pass HQS inspection on or before the effective
date of the assisted lease and HAP contract.
• Points are based on the percentage of newly leased units that passed HQS inspection prior to
the effective date of the lease and HAP contract, according to data from PIC.
Indicator 12: Annual HQS inspections
Maximum Points: 10
• This indicator shows whether the PHA inspects each unit under contract at least annually.
• Points are based on the percentage of annual HQS inspections of units under contract that are
more than 2 months overdue, according to data from PIC.
Indicator 13: Lease -up
Maximum Points: 20 points
• This indicator shows whether the PHA enters HAP contracts for at least 98 percent of the number
of the baseline voucher units in the ACC for the calendar year ending on or before their fiscal
year, or whether the PHA has expended at least 98 percent of its allocated budget authority for
the same calendar year. The PHA can receive 15 points if 95 to 97 percent of vouchers are
leased or budget authority is utilized.
• Points are based on utilization of vouchers and HAP expenditures as reported in the voucher
management system VMS for the most recently completed calendar year.
Indicator 14: Family self-sufficiency (FSS) enrollment and escrow account balances
Maximum Points: 10
• Only applies to PHAs with mandatory FSS programs.
• This indicator shows whether the Agency has enrolled families in the FSS program as required
and measures the percentage of current FSS participants that have had increases in earned
income which resulted in escrow account balances.
• Points are based on the percent of mandatory FSS slots that are filled and the percent of families
with escrow account balances, according to data from PIC.
Success Rate of Voucher Holders
Maximum Points: 5
• Only applies to PHAs that have received approval to establish success rate payment standard
amounts and isn't effective until the second full fiscal year following the date of HUD approval of
success rate payment standard amounts.
• This indicator shows whether voucher holders were successful in leasing units with voucher
assistance.
• Points are based on the percentage of families that were issued vouchers, and that became
participants in the voucher program.
Deconcentration Bonus Indicator
Maximum Points: 5
• Submission of data for this indicator is mandatory for a PHA using one or more payment
standard amount(s) that exceed(s) 100 percent of the published FMR set at the 501h percentile
rent, starting with the second full fiscal year following initial use of payment standard amounts
based on the FMRs set at the 50th percentile.
• Additional points are available to PHAs that have jurisdiction in metropolitan FMR areas and that
choose to submit the required data.
• Points are based on whether the data that is submitted meets the requirements for bonus points.
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Administrative Plan Indian. River:Cou*'14ousing Services Division
Part VI: Record Keeping
16 -VI A. OVERVIEW
The PHA must maintain complete and accurate accounts and other records for the program in
accordance with HUD requirements, in a manner that permits a speedy and effective audit. All such
records must be made available to HUD or the Comptroller General of the United States upon request.
In addition, the PHA must ensure that all applicant and participant files are maintained in a way that
protects an individual's privacy rights.
164I B. RECORD RETENTION [24 CFR 982.158; 24 CFR 908.101]
During the term of each assisted lease, and for at least three years thereafter, The PHA must keep:
• A copy of the executed lease;
• The HAP contract; and
• The application from the family.
In addition, the PHA must keep the following records for at least three years:
• Records that provide income, racial, ethnic, gender, and disability status data on
program applicants and participants;
• An application from each ineligible family and notice that the applicant is not eligible;
• HUD -required reports;
• Unit inspection reports;
• Lead-based paint records as required by 24 CFR 35, Subpart B.
• Accounts and other records supporting PHA budget and financial statements for the program;
• Records to document the basis for PHA determination that rent to owner is a reasonable rent
(initially and during the term of a HAP contract); and
• Other records specified by HUD.
Notice PIH 2014-20 requires PHAs to keep records of all complaints, investigations, notices, and
corrective actions related to violations of the Fair Housing Act or the equal access final rule.
The PHA must keep the last three years of the Form HUD -50058 and supporting documentation during
the term of each assisted lease, and for a period of at least three years from the end of participation
(EOP) date [24 CFR 908.1011.
The PHA must maintain Enterprise Income Verification (EIV) system Income Reports in the tenant file for
the duration of the tenancy but for a period not to exceed three years from the EOP date [Notice PIH
2018-18].
The PHA must keep confidential records of all emergency transfer requested by victims of domestic
violence, dating violence, sexual assault, and stalking under the PHA's Emergency Transfer Plan, as well
as the outcomes of such requests, and retain the records for a period of three years [24 CFR
5.2002(e)(12)].
If an informal hearing to establish a family's citizenship status is held, longer retention requirements apply
for some types of documents. For specific requirements, see Section 16-III.D., Retention of Documents.
16 -VI C. RECORDS MANAGEMENT
PHAs must maintain applicant and participant files and information in accordance with the regulatory
requirements described below.
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IRCHSD Policy
Records
All applicant and participant information will be kept in a secure location and access will be limited
to authorize IRCHSD staff.
IRCHSD's policy is to protect the privacy of applicants and participants. IRCHSD staff will not
discuss personal family information unless there is a business reason to do so. Inappropriate
discussion of family information or improper disclosure of family information by staff will result in
disciplinary action.
Forwarding Addresses; Information Necessary to Collect Delinquent Accounts
Unless a privacy request is made by the voucher holder, HCV will provide information on
forwarding addresses for current and former participants to police or other governmental
authorities, previous landlords, and other public housing authorities, upon request by those
parties.
Regardless of any privacy request on record, information regarding delinquent
residents/participants may be exchanged when it is deemed in the interest of IRCHSD
and its collection effort.
Requests by Governmental Agencies and Attorneys to View, Copy, or Remove
Documents
Requests by law enforcement agencies to view, copy or remove documents shall be made to the
IRCHSD General Counsel.
Public Disclosure Law
All requests for personally identifiable information about applicants and participants under the
Freedom of Information Act or any other public disclosure law shall be referred to the
IRCHSD General Counsel.
Privacy Act Requirements [24 CFR 5.212 and Form -98861
The collection, maintenance, use, and dissemination of social security numbers (SSN), employer
identification numbers (EIN), any information derived from these numbers, and income information of
applicants and participants must be conducted, to the extent applicable, in compliance with the Privacy
Act of 1974, and all other provisions of Federal, State, and local law.
Applicants and participants, including all adults in the household, are required to sign a consent form,
HUD -9886, Authorization for Release of Information. This form incorporates the Federal Privacy Act
Statement and describes how the information collected using the form may be used, and under what
conditions HUD or the PHA may release the information collected.
Upfront Income Verification (UIV) Records
PHAs that access UIV data through HUD's Enterprise Income Verification (EIV) system are required to
adopt and follow specific security procedures to ensure that all EIV data is protected in accordance with
federal laws, regardless of the media on which the data is recorded (e.g., electronic, paper).
These requirements are contained in the HUD -issued document, Enterprise Income Verification (EIV)
System, Security Procedures for Upfront Income Verification data.
IRCHSD Policy
Prior to utilizing HUD's EIV system, IRCHSD will adopt and implement EIV security
procedures required by HUD.
Criminal Records
The PHA may only disclose the criminal conviction records which the PHA receives from a law
enforcement agency to officers or employees of the PHA, or to authorized representatives of the
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Administrative Plan Indian River County Housing Services Division
PHA who have a job-related need to have access to the information [24 CFR 5.903(e)]
The PHA must establish and implement a system of records management that ensures that any criminal
record received by the PHA from a law enforcement agency is maintained confidentially, not misused or
improperly disseminated, and destroyed, once the purpose for which the record was requested has been
accomplished, including expiration of the period for filing a challenge to the PHA action without institution
of a challenge or final disposition of any such litigation [24 CFR 5.903(g)].
The PHA must establish and implement a system of records management that ensures that any sex
offender registration information received by the PHA from a State or local agency is maintained
confidentially, not misused or improperly disseminated, and destroyed, once the purpose for which the
record was requested has been accomplished, including expiration of the period for filing a challenge to
the PHA action without institution of a challenge or final disposition of any such litigation. However, a
record of the screening, including the type of screening and the date performed must be retained [Notice
PIH 2012-28]. This requirement does not apply to information that is public information or is obtained by
a PHA other than under 24 CFR 5.905.
Medical/Disability Records
PHAs are not permitted to inquire about the nature or extent of a person's disability. The PHA may not
inquire about a person's diagnosis or details of treatment for a disability or medical condition. If the
PHA receives a verification document that provides such information, the PHA should not place this
information in the tenant file. The PHA should destroy the document.
IRCHSD Policy
IRCHSD shall not share personal information protected by the Health Information Portability and
Accountability Act (HIPAA) with any other party and therefore is not a Business Associate under
the Act.
IRCHSD will not share health-related information with other PHAs, owners or property managers.
All health-related information provided by any applicant or participant will be safeguarded and will
not be shared with any third party except as required by law enforcement and other regulatory
authorities.
Any and all information which would lead one to determine the nature and/or severity of a
person's disability must be kept in a separate folder and marked "confidential" or returned to the
family member after its use. The personal information in this folder must not be released except
on an "as -needed" basis in cases where an accommodation is under consideration.
Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
For requirements and PHA policies related to management of documentation obtained from victims of
domestic violence, dating violence, sexual assault, or stalking, see section 16-IX.E.
Part VII: Reporting and Record Keeping for Children with Elevated
Blood Lead Level
16 -VII A. OVERVIEW
The PHA has certain responsibilities relative to children with elevated blood lead levels that are receiving
HCV assistance. The notification, verification, and hazard reduction requirements are discussed in
Chapter 8. This part deals with the reporting requirements, and data collection and record keeping
responsibilities that the PHA is subject to.
16 -VII B. REPORTING REQUIREMENT [24 CFR 35.1225(E); NOTICE PIH 2017-131
The owner must report the name and address of a child identified as having an elevated blood lead level
to the public health department within five business days of being so notified by any other medical health
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Administrative Plan tndlan River Coun*:Housing Services Division
care professional. The owner must also notify the HUD field office and the HUD Office of Lead Hazard
Control and Healthy Homes (OLHCHH) of the child's address within five business days. The PHA may
collaborate with the owner on the notification process, such as by agreeing with the owner to provide the
required notifications on the owner's behalf.
IRCHSD Policy
Upon notification by the owner, IRCHSD will provide the public health department written notice of
the name and address of any child identified as having an elevated blood lead level within five
business days.
Upon notification by the owner, IRCHSD will notify the HUD field office and the HUD Office of
Lead Hazard Control and Healthy Homes (OLHCHH) of the child's address within five business
days.
16 -VII C. DATA COLLECTION AND RECORD KEEPING [24 CFR 35.1225(F)]
At least quarterly, the PHA must attempt to obtain from the public health department(s) with a similar area
of jurisdiction, the names and/or addresses of children less than 6 years old with an elevated blood lead
level.
If the PHA obtains names and addresses of elevated blood lead level children from the public health
department(s), the PHA must match this information with the names and addresses of families receiving
HCV assistance, unless the public health department performs such a procedure. If a match occurs, the
PHA must carry out the notification, verification, and hazard reduction requirements discussed in Chapter
8, and the reporting requirement discussed above.
At least quarterly, the PHA must also report an updated list of the addresses of units receiving assistance
under the PHA Program to the same public health department(s), unless the public health department(s)
states that it does not wish to receive such a report.
IRCHSD Policm
The public health department(s) has not stated whether they do or do not wish to receive a report of
an updated list of the addresses of units receiving assistance under the PHA Program, on a
quarterly basis. Therefore, IRCHSD is not providing such a report unless requested by the public
health department. Information from the Health Department if confidential and the PHA cannot obtain
this info listed above.
Part VIII: Determination of InAuffid,00t Funding
16 -VIII A. OVERVIEW
The HCV regulations allow PHAs to deny families permission to move and to terminate Housing
Assistance Payments (HAP) contracts if funding under the consolidated ACC is insufficient to support
continued assistance [24 CFR 982.354(e)(1) and 982.4541. If the PHA denies a family a portability move
based on insufficient funding, the PHA is required to notify the local HUD office within 10 business days
[24 CFR 982.354]. Insufficient funding may also impact the PHA's ability to issue vouchers to families on
the waiting list. This part discusses the methodology the PHA will use to determine whether or not the PHA
has sufficient funding to issue vouchers, approve moves, and to continue subsidizing all families currently
under a HAP contract.
16 -VIII B. METHODOLOGY
IRCHSD Policy
IRCHSD will determine whether there is adequate funding to issue vouchers, approve moves to
higher cost units and areas, and continue subsidizing all current participants by comparing
IRCHSD's annual budget authority to the annual total HAP needs on a monthly basis. The total
HAP needs for the calendar year will be projected by establishing the actual HAP costs year to
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Administrative Plan Indian River County Housing Services Division
date. To that figure, IRCHSD will add anticipated HAP expenditures for the remainder of the
calendar year. Projected HAP expenditures will be calculated by multiplying the projected number of
units leased per remaining months by the most current month's average HAP. The projected
number of units leased per month will take into account the average monthly turnover of participant
families. If the total annual HAP needs equal or exceed the annual budget authority and funding
reserves, or if IRCHSD cannot support the cost of the proposed subsidy commitment (voucher
issuance or move) based on the funding analysis, IRCHSD will be considered to have insufficient
funding.
Part IX: Violence Against Women Act (VAWA)
Notification, Documentation, Confidentiality
16 -IX A. OVERVIEW
The Violence against Women Act of 2013 (VAWA) provides special protections for victims of domestic
violence, dating violence, sexual assault and stalking who are applying for or receiving assistance under
the housing choice voucher (HCV) program. If your state or local laws provide greater protection for such
victims, those laws apply in conjunction with VAWA.
In addition to definitions of key terms used in VAWA, this part contains general VAWA requirements and
PHA policies in three areas: notification, documentation, and confidentiality. Specific VAWA requirements
and PHA policies are located primarily in the following sections: 3-I.C, "Family Breakup and Remaining
Member of Tenant Family"; 3-III.G, "Prohibition against Denial of Assistance to Victims of Domestic
Violence, Dating Violence, and Stalking"; 10-I.A, "Allowable Moves"; 10-1.13, "Restrictions on Moves"; 12-
II.E, "Terminations Related to Domestic Violence, Dating Violence, or Stalking"; and 12-II.F, "Termination
Notice."
16 -IX B. DEFINITIONS f24 CFR 5.2003, 42 USC 139251
As used in VAWA:
• The term bifurcate means, with respect to a public housing or Section 8 lease, to divide a
lease as a matter of law such that certain tenants can be evicted or removed while the
remaining family members' lease and occupancy rights are allowed to remain intact.
• The term dating violence means violence committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim; and where the existence of
such a relationship shall be determined based on a consideration of the following factors:
o The length of the relationship
o The type of relationship
o The frequency of interaction between the persons involved in the relationship
• The term domestic violence includes felony or misdemeanor crimes of violence committed by a
current or former spouse or intimate partner of the victim, by a person with whom the victim
shares a child in common, by a person who is cohabitating with or has cohabitated with the
victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim
under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any
other person against an adult or youth victim who is protected from that person's acts under the
domestic or family violence laws of the jurisdiction.
• The term affiliated individual means, with respect to a person:
o A spouse, parent, brother or sister, or child of that individual, or an individual to whom
that individual stands in the position or place of a parent; or
o Any other individual, tenant, or lawful occupant living in the household of the victim of
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Administrative Plan Indian River County Housing Services Division
domestic violence, dating violence, sexual assault, or stalking.
• The term sexual assault means:
o Any nonconsensual sexual act proscribed by federal, tribal, or state law, including
when the victim lacks the capacity to consent.
• The term stalking means:
o To engage in a course of conduct directed at a specific person that would cause a
reasonable person to fear for their safety or the safety of others, or suffer
substantial emotional distress.
16 -IX C. NOTIFICATION [24 CFR 5.2005(A)
Notification to Public
The PHA adopts the following policy to help ensure that all actual and potential beneficiaries of its HCV
program are aware of their rights under VAWA.
IRCHSD Policy
IRCHSD will post the following information regarding VAWA in its offices and on its website. It will
also make the information readily available to anyone who requests it.
• A copy of the notice of occupancy rights under VAWA to housing choice voucher
program applicants and participants who are or have been victims of domestic
violence, dating violence, sexual assault, or stalking (Form HUD -5380, see Exhibit
16-1)
• A copy of form HUD -5382, Certification of Domestic Violence, Dating Violence,
Sexual Assault, or Stalking and Alternate Documentation (see Exhibit 16-2)
• A copy of IRCHSD's emergency transfer plan (Exhibit 16-3)The National Domestic
Violence Hot Line: 1 -800 -799 -SAFE (7233), (TTY) 1-800-787-3224,
http://www.TheHotLine.org;
• The National Sexual Assault Hotline: 1 -800 -656 -HOPE (4673); and
• Contact information for local victim advocacy groups, resources and service providers.
Notification to Program Applicants and Participants [24 CFR 5.2005(a)(1)1
PHAs are required to inform program applicants and participants of their rights under VAWA, including
their right to confidentiality and the limits thereof, when they are denied assistance, when they are
admitted to the program, and when they are notified of an eviction or termination of housing benefits.
IRCHSD Policy
IRCHSD will provide all applicants with information about VAWA at the time they request an
application for housing assistance, as part of the written briefing packet, and at the time the
family is admitted to the program. IRCHSD will also include information about VAWA in all
notices of denial of assistance (see section 3-III.G).
IRCHSD will provide all participants with information about VAWA at the time of admission
(see section 5-1.13). IRCHSD will also include information about VAWA in notices of
termination of assistance, as provided in section 12-II.F.
The VAWA information provided to applicants and participants will consist of the notices in
Exhibits 16-1 and 16-2.
The PHA is not limited to providing VAWA information at the times specified in the above policy. If the
PHA decides to provide VAWA information to a participant following an incident of domestic violence,
Notice PIH 2017-08 cautions against sending the information by mail, since the abuser may be monitoring
the mail. The notice recommends that in such cases the PHA make alternative delivery arrangements that
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Administrative Plan Indian River County Housing Services Division
will not put the victim at risk.
IRCHSD Policy
IRCHSD may decide not to send mail regarding VAWA protections to the victim's unit if IRCHSD
believes the perpetrator may have access to the victim's mail, unless requested by the victim.
When discussing VAWA with the victim, IRCHSD will take reasonable precautions to ensure
that no one can overhear the conversation, such as having conversations in a private room.
The victim may, but is not required to, designate an attorney, advocate, or other secure contact
for communications regarding VAWA protections.
Notification to Owners and Managers
While PHAs are no longer required by regulation to notify owners and managers participating in the HCV
program of their rights and obligations under VAWA, the PHA may still choose to inform them.
IRCHSD Policy
IRCHSD will provide owners and managers with information about their rights and obligations
under VAWA when they begin their participation in the program.
Owners can access additional VAWA information and resources, including the notice in Exhibit
16-5 and a copy of HUD -5382, Certification of Domestic Violence, Dating Violence, and Stalking
and Alternate Documentation.
16 -IX D. DOCUMENTATION [24 CFR 5.20071
A PHA presented with a claim for initial or continued assistance based on status as a victim of domestic
violence, dating violence, sexual assault, stalking, or criminal activity related to any of these forms of
abuse may—but is not required to—request that the individual making the claim document the abuse. Any
request for documentation must be in writing, and the individual must be allowed at least 14 business
days after receipt of the request to submit the documentation. The PHA may extend this time period at its
discretion. [24 CFR 5.2007(a)]
The individual may satisfy the PHA's request by providing any one of the following three forms of
documentation [24 CFR 5.2007(b)]:
1. A completed and signed HUD -approved certification form (HUD -5382, Certification of Domestic
Violence, Dating Violence, Sexual Assault, or Stalking), which must include the name of the
perpetrator only if the name of the perpetrator is safe to provide and is known to the victim. The
form may be filled out and submitted on behalf of the victim.
2. A federal, state, tribal, territorial, or local police report or court record, or an administrative record
3. Documentation signed by a person who has assisted the victim in addressing domestic violence,
dating violence, sexual assault or stalking, or the effects of such abuse. This person may be an
employee, agent, or volunteer of a victim service provider; an attorney; a mental health
professional; or a medical professional. The person signing the documentation must attest under
penalty of perjury to the person's belief that the incidents in question are bona fide incidents of
abuse. The victim must also sign the documentation.
The PHA may not require third -party documentation (forms 2 and 3) in addition to certification (form 1),
except as specified below under "Conflicting Documentation," nor may it require certification in addition to
third -party documentation [VAWA final rule].
IRCHSD Policy
Any request for documentation of domestic violence, dating violence, sexual assault or stalking
will be in writing, will specify a deadline of 14 business days following receipt of the request, will
describe the three forms of acceptable documentation, will provide explicit instructions on where
and to whom the documentation must be submitted, and will state the consequences for failure to
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Indian River County Housing Services Division
submit the documentation or request an extension in writing by the deadline.
IRCHSD may, in its discretion, extend the deadline for 10 business days. In determining whether
to extend the deadline, IRCHSD will consider factors that may contribute to the victim's inability
to provide documentation in a timely manner, including cognitive limitations, disabilities, limited
English proficiency, absence from the unit, administrative delays, the danger of further violence,
and the victim's need to address health or safety issues. Any extension granted by IRCHSD will
be in writing.
Once the victim provides documentation, IRCHSD will acknowledge receipt of the
documentation within 10 business days.
Conflicting Documentation [24 CFR 5.2007(e)1
In cases where the PHA receives conflicting certification documents from two or more members of a
household, each claiming to be a victim and naming one or more of the other petitioning household
members as the perpetrator, the PHA may determine which is the true victim by requiring each to provide
acceptable third -party documentation, as described above (forms 2 and 3). The PHA may also request
third -party documentation when submitted documentation contains information that conflicts with existing
information already available to the PHA. Individuals have 30 calendar days to return third -party
verification to the PHA. If the PHA does not receive third -party documentation, and the PHA will deny or
terminate assistance as a result, the PHA must hold separate hearings for the tenants [Notice PIH 2017-
081.
The PHA must honor any court orders issued to protect the victim or to address the distribution of
property.
IRCHSD Policy
If presented with conflicting certification documents from members of the same household,
IRCHSD will attempt to determine which is the true victim by requiring each of them to provide
third -party documentation in accordance with 24 CFR 5.2007(e) and by following any HUD
guidance on how such determinations should be made.
When requesting third -party documents, IRCHSD will provide contact information for local
domestic violence and legal aid offices. In such cases, applicants or tenants will be given 30
calendar days from the date of the request to provide such documentation.
If IRCHSD does not receive third -party documentation within the required timeframe (and any
extensions) IRCHSD will deny VAWA protections and will notify the applicant or tenant in writing
of the denial. If, as a result, the applicant or tenant is denied or terminated from the program,
IRCHSD will hold separate hearings for the applicants or tenants.
Discretion to Require No Formal Documentation [24 CFR 5.2007(d)1
The PHA has the discretion to provide benefits to an individual based solely on the individual's statement
or other corroborating evidence—i.e., without requiring formal documentation of abuse in accordance with
24 CFR 5.2007(b). HUD recommends documentation in a confidential manner when a verbal statement
or other evidence is accepted.
IRCHSD Policy
If IRCHSD accepts an individual's statement or other corroborating evidence (as determined by
the victim) of domestic violence, dating violence, sexual assault or stalking, IRCHSD will document
acceptance of the statement or evidence in the individual's file.
Failure to Provide Documentation [24 CFR 5.2007(c)1
In order to deny relief for protection under VAWA, a PHA must provide the individual requesting relief with
a written request for documentation of abuse. If the individual fails to provide the documentation within 14
business days from the date of receipt, or such longer time as the PHA may allow, the PHA may deny
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Administrative Plan Indian River County Housing Services Division
relief for protection under VAWA.
16 -IX E. CONFIDENTIALITY [24 CFR 5.2007(B)(4)�
All information provided to the PHA regarding domestic violence, dating violence, sexual assault or
stalking, including the fact that an individual is a victim of such violence or stalking, must be retained in
confidence. This means that the PHA (1) may not enter the information into any shared database, (2) may
not allow employees or others to access the information unless they are explicitly authorized to do so and
have a need to know the information for purposes of their work, and (3) may not provide the information to
any other entity or individual, except to the extent that the disclosure is (a) requested or consented to by
the individual in writing, (b) required for use in an eviction proceeding, or (c) otherwise required by
applicable law.
IRCHSD Policy
If disclosure is required for use in an eviction proceeding or is otherwise required by applicable
law, IRCHSD will inform the victim before disclosure occurs so that safety risks can be identified
and addressed.
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Administrative Plan Indian River Couv*'Housing Services Division
EXHIBIT 16-1: SAMPLE NOTICE OF OCCUPANCY RIGHTS UNDER THE
VIOLENCE AGAINST WOMEN ACT, FORM HUD -5380
Indian River County Housing Services Division
Notice of Occupancy Rights under the Violence Against Women Act'
To all Tenants and Applicants
The Violence Against Women Act (VAWA) provides protections for victims of domestic violence, dating
violence, sexual assault, or stalking. VAWA protections are not only available to women, but are
available equally to all individuals regardless of sex, gender identity, or sexual orientation. 2 The U.S.
Department of Housing and Urban Development (HUD) is the Federal agency that oversees that Indian
River County Housing Services Division (IRCHSD) Housing Programs are in compliance with VAWA.
This notice explains your rights under VAWA. A HUD -approved certification form is attached to this
notice. You can fill out this form to show that you are or have been a victim of domestic violence, dating
violence, sexual assault, or stalking, and that you wish to use your rights under VAWA."
Protections for Applicants
If you otherwise qualify for assistance under Indian River County Housing Services Division Housing
Programs, you cannot be denied admission or denied assistance because you are or have been a victim
of domestic violence, dating violence, sexual assault, or stalking.
Protections for Tenants
If you are receiving assistance under Indian River County Housing Services Division Housing Programs,
you may not be denied assistance, terminated from participation, or be evicted from your rental housing
because you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.
Also, if you or an affiliated individual of yours is or has been the victim of domestic violence, dating
violence, sexual assault, or stalking by a member of your household or any guest, you may not be denied
rental assistance or occupancy rights under Indian River County Housing Services Division Housing
Programs solely on the basis of criminal activity directly relating to that domestic violence, dating
violence, sexual assault, or stalking.
Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom you stand in
the place of a parent or guardian (for example, the affiliated individual is in your care, custody, or
control); or any individual, tenant, or lawful occupant living in your household.
Removing the Abuser or Perpetrator from the Household
IRCHSD may divide (bifurcate) your lease in order to evict the individual or terminate the assistance of
the individual who has engaged in criminal activity (the abuser or perpetrator) directly relating to
domestic violence, dating violence, sexual assault, or stalking.
Despite the name of this law, VAWA protection is available regardless of sex, gender identity, or sexual
Orientation.
, Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national
origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or
marital status.
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Administrative Plan Indian River County Housing Services Division
If IRCHSD chooses to remove the abuser or perpetrator, IRCHSD may not take away the rights of eligible
tenants to the unit or otherwise punish the remaining tenants. If the evicted abuser or perpetrator was the
sole tenant to have established eligibility for assistance under the program, IRCHSD must allow the
tenant who is or has been a victim and other household members to remain in the unit for a period of
time, in order to establish eligibility under the program or under another HUD housing program covered by
VAWA, or, find alternative housing.
In removing the abuser or perpetrator from the household, IRCHSD must follow Federal, State, and
local eviction procedures. In order to divide a lease, IRCHSD may, but is not required to, ask you for
documentation or certification of the incidences of domestic violence, dating violence, sexual assault, or
stalking.
Moving to Another Unit
Upon your request, IRCHSD may permit you to move to another unit, subject to the availability of other
units, and still keep your assistance. In order to approve a request, IRCHSD may ask you to provide
documentation that you are requesting to move because of an incidence of domestic violence, dating
violence, sexual assault, or stalking. If the request is a request for emergency transfer, the housing
provider may ask you to submit a written request or fill out a form where you certify that you meet the
criteria for an emergency transfer under VAWA. The criteria are:
1. You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your
housing provider does not already have documentation that you are a victim of domestic
violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such
documentation, as described in the documentation section below.
2. You expressly request the emergency transfer. Your housing provider may choose to require
that you submit a form, or may accept another written or oral request.
3. You reasonably believe you are threatened with imminent harm from further violence
if you remain in your current unit. This means you have a reason to fear that if you do not
receive a transfer you would suffer violence in the very near future.
OR
You are a victim of sexual assault and the assault occurred on the premises during the
90 -calendar -day period before you request a transfer. If you are a victim of sexual assault,
then in addition to qualifying for an emergency transfer because you reasonably believe you are
threatened with imminent harm from further violence if you remain in your unit, you may qualify
for an emergency transfer if the sexual assault occurred on the premises of the property from
which you are seeking your transfer, and that assault happened within the 90 -calendar -day
period before you expressly request the transfer.
IRCHSD will keep confidential requests for emergency transfers by victims of domestic violence,
dating violence, sexual assault, or stalking, and the location of any move by such victims and their
families.
IRCHSD's emergency transfer plan provides further information on emergency transfers, and IRCHSD
must make a copy of its emergency transfer plan available to you if you ask to see it.
Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, Sexual
Assault or Stalking
IRCHSD can, but is not required to, ask you to provide documentation to "certify" that you are or have
been a victim of domestic violence, dating violence, sexual assault, or stalking. Such request from
IRCHSD must be in writing, and IRCHSD must give you at least 14 business days (Saturdays, Sundays,
and Federal holidays do not count) from the day you receive the request to provide the documentation.
IRCHSD may, but does not have to, extend the deadline for the submission of documentation upon your
request.
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You can provide one of the following to IRCHSD as documentation. It is your choice which of the following
to submit if IRCHSD asks you to provide documentation that you are or have been a victim of domestic
violence, dating violence, sexual assault, or stalking.
A complete HUD -approved certification form given to you by IRCHSD with this notice, that
documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form
will ask for your name, the date, time, and location of the incident of domestic violence, dating
violence, sexual assault, or stalking, and a description of the incident. The certification form
provides for including the name of the abuser or perpetrator if the name of the abuser or
perpetrator is known and is safe to provide.
• A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or
administrative agency that documents the incident of domestic violence, dating violence,
sexual assault, or stalking. Examples of such records include police reports, protective orders,
and restraining orders, among others.
A statement, which you must sign, along with the signature of an employee, agent, or volunteer of
a victim service provider, an attorney, a medical professional or a mental health professional
(collectively, "professional") from whom you sought assistance in addressing domestic violence,
dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional
selected by you attesting under penalty of perjury that they believes that the incident or incidents
of domestic violence, dating violence, sexual assault, or stalking are grounds for protection.
• Any other statement or evidence that IRCHSD has agreed to accept.
If you fail or refuse to provide one of these documents within the 14 business days, IRCHSD does not
have to provide you with the protections contained in this notice. If IRCHSD receives conflicting evidence
that an incident of domestic violence, dating violence, sexual assault, or stalking has been committed
(such as certification forms from two or more members of a household each claiming to be a victim and
naming one or more of the other petitioning household members as the abuser or perpetrator), IRCHSD
has the right to request that you provide third -party documentation within thirty 30 calendar days in order
to resolve the conflict. If you fail or refuse to provide third -party documentation where there is conflicting
evidence, IRCHSD does not have to provide you with the protections contained in this notice.
Confidentiality
The PHA Program Agency must keep confidential any information you provide related to the exercise of
your rights under VAWA, including the fact that you are exercising your rights under VAWA.
IRCHSD must not allow any individual administering assistance or other services on behalf of IRCHSD
(for example, employees and contractors) to have access to confidential information unless for reasons
that specifically call for these individuals to have access to this information under applicable Federal,
State, or local law.
IRCHSD must not enter your information into any shared database or disclose your information to any
other entity or individual. IRCHSD, however, may disclose the information provided if:
• You give written permission to IRCHSD to release the information on a time limited basis.
• IRCHSD needs to use the information in an eviction or termination proceeding, such as to evict
your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this
program.
• A law requires IRCHSD or your landlord to release the information.
VAWA does not limit IRCHSD's duty to honor court orders about access to or control of the property.
This includes orders issued to protect a victim and orders dividing property among household
members in cases where a family breaks up.
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Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or Assistance May
Be Terminated
You can be evicted and your assistance can be terminated for serious or repeated lease violations that
are not related to domestic violence, dating violence, sexual assault, or stalking committed against you.
However, IRCHSD cannot hold tenants who have been victims of domestic violence, dating violence,
sexual assault, or stalking to a more demanding set of rules than it applies to tenants who have not been
victims of domestic violence, dating violence, sexual assault, or stalking.
The protections described in this notice might not apply, and you could be evicted and your assistance
terminated, if IRCHSD can demonstrate that not evicting you or terminating your assistance would
present a real physical danger that:
1. Would occur within an immediate time frame, and
2. Could result in death or serious bodily harm to other tenants or those who work on the property.
If IRCHSD can demonstrate the above, IRCHSD should only terminate your assistance or evict you if
there are no other actions that could be taken to reduce or eliminate the threat.
Other Laws
VAWA does not replace any federal, state, or local law that provides greater protection for victims of
domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additional housing
protections for victims of domestic violence, dating violence, sexual assault, or stalking under other
Federal laws, as well as under State and local laws.
Non -Compliance with The Requirements of This Notice
You may report a covered housing provider's violations of these rights and seek additional assistance, if
needed, by contacting or filing a complaint with Indian River County Board of Commissioners Housing
Services Division at: (772) 226-4360.
For Additional Information
You may view a copy of HUD's final VAWA rule at:-https://www.qpo.gov/fdsys/pkq/FR-2016-1 1-
16/pdf/2016-25888.pdf.
Additionally, the Indian River County Housing Services Division must make a copy of HUD's VAWA
regulations available to you if you ask to see them.
For help regarding an abusive relationship, you may call the National Domestic Violence Hotline at 1-800-
799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY).
For tenants who are or have been victims of stalking seeking help may visit the National Center for
Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-
resource-center.
For help regarding sexual assault, you may contact the National Sexual Assault Hotline at 1-800-656-
4673 or online at https://hotline.rainn.org/online.
Victims of stalking seeking help may contact the National Center for Victims of Crime's Stalking Resource
Center at (202) 467-8700 or online at https:/Ivictimsofcrims.org/ourprograms/stalkingresource-center.
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EXHIBIT 16-2: CERTIFICATION OF DOMESTIC VIOLENCE, DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING
AND ALTERNATE DOCUMENTATION, FORM HUD -5382
CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286
DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017
DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING,
AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants, and program
participants in certain HUD programs from being evicted, denied housing assistance, or terminated from
housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against
them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating
violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing
provider may give you a written request that asks you to submit documentation about the incident or incidents
of domestic violence, dating violence, sexual assault, or stalking.
In response to this request, you or someone on your behalf may complete this optional form and submit it to
your housing provider, or you may submit one of the following types of third -party documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an
attorney, or medical professional, or a mental health professional (collectively, "professional") from whom
you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or
the effects of abuse. The document must specify, under penalty of perjury, that the professional believes
the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and
meet the definition of "domestic violence," "dating violence," "sexual assault," or "stalking" in HUD's
regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.
Submission of Documentation: The time period to submit documentation is 14 business days from the date
that you receive a written request from your housing provider asking that you provide documentation of the
occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but
is not required to, extend the time period to submit the documentation, if you request an extension of the time
period. If the requested information is not received within 14 business days of when you received the request
for the documentation, or any extension of the date provided by your housing provider, your housing provider
does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve
as a written request for certification.
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic
violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be
entered into any shared database. Employees of your housing provider are not to have access to these details
unless to grant or deny VAWA protection to you, and such employees may not disclose this information to any
other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited
release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii)
otherwise required by applicable law.
TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE. DATING
VIOLENCE, SEXUAL ASSAULT, OR STALKING
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Administrative Plan Indian River County Housing Services Division
1. Date the written request is received by victim:
2. Name of victim:
3. Your name (if different from victim's):
4. Name(s) of other family member(s) listed on the lease:
5. Residence of victim:
6. Name of the accused perpetrator (if known and can be safely disclosed):
7. Relationship of the accused perpetrator to the victim:
8. Date(s) and times(s) of incident(s) (if known):
9. Location of incident(s):
10. In your own words, briefly describe the incident(s):
This is to certify that the information provided on this form is true and correct to the best of my knowledge
and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence,
dating violence, sexual assault, or stalking. I acknowledge that submission of false information could
jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or
eviction.
Signature:
Signed on (Date):
Public Reporting Burden: The public reporting burden for this collection of information is estimated to
average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The
information provided is to be used by the housing provider to request certification that the applicant or
tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is
subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you
are not required to complete this form, unless it displays a currently valid Office of Management and
Budget control number.
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Administrative Plan Indian River County Housing Services Division
EXHIBIT 16-3: EMERGENCY TRANSFER PLAN FOR VICTIMS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING
(HCV VERSION)
Attachment: Certification form HUD -5382
Indian River County Housing Services Division
Emergency Transfer Plan for Victims of Domestic Violence, Dating Violence, Sexual Assault, or
Stalking
Housing Choice Voucher Program
Emergency Transfers
IRCHSD is concerned about the safety of its tenants, and such concern extends to tenants who are victims
of domestic violence, dating violence, sexual assault, or stalking. In accordance with the Violence Against
Women Act (VAWA),3 IRCHSD allows tenants who are victims of domestic violence, dating violence,
sexual assault, or stalking to request an emergency transfer from the tenant's current unit to another unit.
The ability to request a transfer is available regardless of sex, gender identity, or sexual orientation.4 The
ability of IRCHSD to honor such request for tenants currently receiving assistance, however, may depend
upon a preliminary determination that the tenant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking, and on whether IRCHSD has another dwelling unit that is available
and is safe to offer the tenant for temporary or more permanent occupancy.
This plan identifies tenants who are eligible for an emergency transfer, the documentation needed to
request an emergency transfer, confidentiality protections, how an emergency transfer may occur,
and guidance to tenants on safety and security. This plan is based on a model emergency transfer
plan published by the U.S. Department of Housing and Urban Development (HUD), the federal
agency that oversees that the public housing and housing choice voucher (HCV) programs are in
compliance with VAWA.
Eligibility for Emergency Transfers
A tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking, as provided in
HUD's regulations at 24 CFR part 5, subpart L, is eligible for an emergency transfer if the tenant
reasonably believes that there is a threat of imminent harm from further violence if the tenant remains
within the same unit. If the tenant is a victim of sexual assault, the tenant may also be eligible to transfer if
the sexual assault occurred on the premises within the 90 -calendar- day period preceding a request for an
emergency transfer.
A tenant requesting an emergency transfer must expressly request the transfer in accordance with the
procedures described in this plan.
Tenants who are not in good standing may still request an emergency transfer if they meet the eligibility
requirements in this section.
Despite the name of this law, VAWA protection is available to all victims of domestic violence, dating violence,
sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.
Housing providers cannot discriminate on the basis of any protected characteristic, including race, color, national
origin, religion, sex, familial status, disability, or age. HUD -assisted and HUD -insured housing must be made
available to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, or
marital status.
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Administrative Plan Indian River County Housing Services Division
Emergency Transfer Request Documentation
To request an emergency transfer, the tenant shall notify the PHA. The participant must submit a written
request for an emergency transfer. IRCHSD will provide reasonable accommodations to this policy for
individuals with disabilities. The tenant's written request for an emergency transfer should include either:
1. A statement expressing that the tenant reasonably believes that there is a threat of imminent
harm from further violence if the tenant were to remain in the same dwelling unit assisted under
the PHA Program; OR
2. A statement that the tenant was a sexual assault victim and that the sexual assault occurred on
the premises during the 90 -calendar -day period preceding the tenant's request for an emergency
transfer.
The participant or applicant must use the VAWA Emergency Transfer Request form (Form HUD -5383) to
request an emergency transfer; a copy of this form is attached as Exhibit 16-4. This form can be obtained
by requesting one from the PHA. Upon request, the PHA may assist in completing this form.
Confidentiality
IRCHSD will keep confidential any information that the tenant submits in requesting an emergency transfer,
and information about the emergency transfer, unless the tenant gives IRCHSD written permission to
release the information on a time-limited basis, or disclosure of the information is required by law or
required for use in an eviction proceeding or hearing regarding termination of assistance from the covered
program. This includes keeping confidential the new location of the dwelling unit of the tenant, if one is
provided, from the person or persons that committed an act of domestic violence, dating violence, sexual
assault, or stalking against the tenant. See the Notice of Occupancy Rights under the Violence against
Women Act for All Tenants for more information about IRCHSD's responsibility to maintain the
confidentiality of information related to incidents of domestic violence, dating violence, sexual assault, or
stalking.
Emergency Transfer Timing and Availability
IRCHSD cannot guarantee that a transfer request will be approved or how long it will take to process a
transfer request. IRCHSD will, however, act as quickly as possible to move a tenant who is a victim of
domestic violence, dating violence, sexual assault, or stalking to another unit, subject to availability and
safety of a unit. If a tenant reasonably believes a proposed transfer would not be safe, the tenant may
request a transfer to a different unit. If a unit is available, the transferred tenant must agree to abide by
the terms and conditions that govern occupancy in the unit to which the tenant has been transferred.
IRCHSD may be unable to transfer a tenant to a particular unit if the tenant has not or cannot establish
eligibility for that unit.
If IRCHSD has no safe and available units for which a tenant who needs an emergency transfer is
eligible, IRCHSD will assist the tenant in identifying other housing providers who may have safe and
available units to which the tenant could move. At the tenant's request, IRCHSD will also assist tenants in
contacting the local organizations offering assistance to victims of domestic violence, dating violence,
sexual assault, or stalking that are attached to this plan.
Emergency Transfers: Housing Choice Voucher (HCV) Program
Tenant -based assistance: If a participant in the tenant -based PHA Program requests an emergency
transfer as described in this plan, IRCHSD will assist you to move to a safe unit quickly using their
existing voucher assistance. IRCHSD will make exceptions to program regulations restricting moves as
required.
At the applicant or participant's request, IRCHSD will refer them to organizations that may be able to
further assist you.
Project -based assistance: Participants assisted under the project -based voucher (PBV) program, you
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Administrative Plan Indian River County Housing Services Division
may request an emergency transfer under the following programs for which they are not required to
apply:
Tenant-based voucher, if available
• Project-based assistance in the same project (if a vacant unit is available and if the participant
determines that the vacant unit is safe)
• Project-based assistance in another development owned or subsidized by the PHA.
• PHA will seek assistance from its PBV partners to secure a safer unit for a participant
experiencing domestic violence who requests an emergency unit transfer.
Emergency transfers under VAWA will take priority over waiting list admissions for these types of
assistance.
You may also request an emergency transfer under the following programs for which you are required to
apply:
• Public housing program
• PBV assistance in another development not owned by the HCV Agency
• Indian River County Board of Commissioners does not own any housing.
Emergency transfers will not take priority over waiting list admissions for these programs. At your request,
they will refer you to organizations that may be able to further assist you.
Safety and Security of Tenants
Pending processing of the transfer and the actual transfer, if it is approved and occurs, the tenant is urged
to take all reasonable precautions to be safe.
Tenants who are or have been victims of domestic violence are encouraged to contact the National
Domestic Violence Hotline at 1-800-799-7233, or a local domestic violence shelter, for assistance in
creating a safety plan. For persons with hearing impairments, that hotline can be accessed by calling
1800-787-3224 (TTY).
Tenants who have been victims of sexual assault may call the Rape, Abuse, and Incest National
Network's National Sexual Assault Hotline at 1-800-656-HOPE or visit the online hotline at:
https://ohl,rainn.org/online/.
Tenants who are or have been victims of stalking seeking help may visit the National Center for Victims of
Crime's Stalking Resource Center at: https://www.victimsofcrime.org/our-programs/stalking-resource-
center.
Attachment: Local organizations offering assistance to victims of domestic violence, dating violence,
sexual assault, or stalking.
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Indian River County Housing Services Division
EXHIBIT 16-4: EMERGENCY TRANSFER REQUEST FOR CERTAIN
VICTIMS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR
STALKING
EMERGENCY TRANSFER U.S. Department of Housing OMB Approval No. 2577-0286
REQUEST FOR CERTAIN and Urban Development Exp. 06/30/2017
VICTIMS OF DOMESTIC
VIOLENCE, DATING VIOLENCE,
SEXUAL ASSAULT, OR STALKING
Purpose of Form: If you are a victim of domestic violence, dating violence, sexual assault, or stalking, and
you are seeking an emergency transfer, you may use this form to request an emergency transfer and certify
that you meet the requirements of eligibility for an emergency transfer under the Violence Against Women
Act (VAWA). Although the statutory name references women, VAWA rights and protections apply to all
victims of domestic violence, dating violence, sexual assault or stalking. Using this form does not
necessarily mean that you will receive an emergency transfer. See your housing provider's
emergency transfer plan for more information about the availability of emergency transfers.
The requirements you must meet are:
(1) You are a victim of domestic violence, dating violence, sexual assault, or stalldng.
If your housing provider does not already have documentation that you are a victim of
domestic violence, dating violence, sexual assault, or stalking, your housing provider may
ask you for such documentation. In response, you may submit Form HUD -5382, or any one
of the other types of documentation listed on that Form.
(2) You expressly request the emergency transfer. Submission of this form confirms
that you have expressly requested a transfer. Your housing provider may choose to require
that you submit this form, or may accept another written or oral request. Please see your
housing provider's emergency transfer plan for more details.
(3) You reasonably believe you are threatened with imminent harm from further
violence if you remain in your current unit. This means you have a reason to fear that if
you do not receive a transfer you would suffer violence in the very near future.
OR
You are a victim of sexual assault and the assault occurred on the premises during the
90 -calendar -day period before you request a transfer. If you are a victim of sexual
assault, then in addition to qualifying for an emergency transfer because you reasonably
believe you are threatened with imminent harm from further violence if you remain in your
unit, you may qualify for an emergency transfer if the sexual assault occurred on the
premises of the property from which you are seeking your transfer, and that assault
happened within the 90 -calendar -day period before you submit this form or otherwise
expressly request the transfer.
Submission of Documentation: If you have third -party documentation that demonstrates why you are
eligible for an emergency transfer, you should submit that documentation to your housing provider if it is
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Administrative Plan Indian River County Housing Services Division
safe for you to do so. Examples of third party documentation include, but are not limited to: a letter or
other documentation from a victim service provider, social worker, legal assistance provider, pastoral
counselor, mental health provider, or other professional from whom you have sought assistance; a current
restraining order; a recent court order or other court records; a law enforcement report or records;
communication records from the perpetrator of the violence or family members or friends of the
perpetrator of the violence, including emails, voicemails, text messages, and social media posts.
Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic
violence, dating violence, sexual assault, or stalking, and concerning your request for an emergency transfer
shall be kept confidential. Such details shall not be entered into any shared database. Employees of your
housing provider are not to have access to these details unless to grant or deny VAWA protections or an
emergency transfer to you. Such employees may not disclose this information to any other entity or
individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release;
(ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii)
otherwise required by applicable law.
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TO BE COMPLETED BY OR ON BEHALF OF THE PERSON REQUESTING A TRANSFER
1. Name of victim requesting an emergency transfer:
2. Your name (if different from victim's):
3. Name(s) of other family member(s) listed on the lease:
4. Name(s) of other family member(s) who would transfer with the victim:
5. Address of location from which the victim seeks to transfer:
6. Address or phone number for contacting the victim:
7. Name of the accused perpetrator (if known and can be safely disclosed):
8. Relationship of the accused perpetrator to the victim:
9. Date(s), Time(s) and location(s) of incident(s):
10. Is the person requesting the transfer a victim of a sexual assault that occurred in the past 90
days on the premises of the property from which the victim is seeking a transfer? If yes, skip
question 11. If no, fill out question 11.
11. Describe why the victim believes they are threatened with imminent harm from
further violence if they remain in their current unit.
12. If voluntarily provided, list any third -party documentation you are providing along with this
notice:
This is to certify that the information provided on this form is true and correct to the best of my knowledge,
and that the individual named above in Item 1 meets the requirement laid out on this form for an emergency
transfer. I acknowledge that submission of false information could jeopardize program eligibility and could
be the basis for denial of admission, termination of assistance, or eviction.
Signature
Signed on (Date)
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MODEL OWNER NOTIFICATION OF RIGHTS AND OBLIGATIONS
INDIAN RIVER COUNTY HOUSING SERVICES DIVISION
NOTIFICATION OF YOUR RIGHTS AND OBLIGATIONS
UNDER THE VIOLENCE AGAINST WOMEN ACT (VAWA)
VAWA provides protections for Section 8 Housing Choice Voucher (HCV) and PBV applicants, tenants,
and participants from being denied assistance on the basis or as a direct result of being a victim of
domestic violence, dating violence, sexual assault and stalking.
Purpose
Many of VAWA's protections to victims of domestic violence, dating violence, sexual assault and stalking
involve action by the PHA Program Agency, but some situations involve action by owners of assisted
housing. The purpose of this notice (herein called "Notice") is to explain your rights and obligations under
VAWA, as an owner of housing assisted through Indian River County Board of Commissioners PHA
Program. Each component of this Notice also provides citations to HUD's applicable regulations.
Denial of Tenancy
Protections for applicants: Owners cannot deny tenancy based on the applicant having been or currently
being a victim of domestic violence, dating violence, sexual assault, or stalking. However, the applicant
must be otherwise eligible for tenancy. (See 24 Code of Federal Regulations (CFR) 982.452(b)(1).
Eviction
Protections for HCV participants: Incidents or threats of domestic violence, dating violence, sexual
assault, or stalking will not be considered a serious or repeated lease violation by the victim, or good
cause to terminate the tenancy of the victim (24 CFR 5.2005(c)). Protection also applies to criminal
activity related directly to domestic violence, dating violence, sexual assault, or stalking, conducted by a
member of a tenant's household or any guest or other person under the tenant's control, if the tenant or
an affiliated individual of the tenant is the victim or threatened victim of such domestic violence, dating
violence, sexual assault, or stalking (24 CFR 5.2005(b)(2)).
Limitations of VAWA protections
a. Nothing in the VAWA Final Rule limits the authority of an owner, when notified of a court order,
to comply with a court order with respect to (24 CFR 5.2005(d)(1)):
1) The rights of access or control of property, including civil protection orders issued to
protect a victim of domestic violence, dating violence, sexual assault, or stalking; or
2) The distribution or possession of property among members of a household in a case.
b. Nothing in the VAWA Final Rule limits an owner from evicting a victim of domestic violence,
dating violence, sexual assault, or stalking for a lease violation that is not premised on an act of
domestic violence, dating violence, sexual assault, or stalking, as long as the owner does not
subject the victim to more demanding standards than other tenants when deciding whether to
evict. (See 24 CFR 5.2005(d)(2)).
c. Nothing in the VAWA Final Rule limits an owner from evicting a tenant (including the victim of
domestic violence, dating violence, sexual assault, or stalking) if the owner can demonstrate an
actual and imminent threat to other tenants or those employed at or providing services to the HCV
property would be present if the tenant or lawful occupant is not evicted. (See 24 CFR
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Administrative Plan IndianAlva County Housing Services Division
5.2005(d)(3).)
i. In this context, words, gestures, actions, or other indicators will be considered an
"actual and imminent threat" if they meet the following standards: An actual and
imminent threat consists of a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining
whether an individual would pose an actual and imminent threat, the factors to be
considered include: the duration of the risk, the nature and severity of the potential harm,
the likelihood that the potential harm will occur, and the length of time before the potential
harm would occur. (See 24 CFR 5.2003.)
ii. Any eviction due to "actual and imminent threat" should be utilized by an owner only
when there are no other actions that could be taken to reduce or eliminate the threat,
including, but not limited to, transferring the victim to a different unit, barring the
perpetrator from the property, contacting law enforcement to increase police presence or
develop other plans to keep the property safe, or seeking other legal remedies to prevent
the perpetrator from acting on a threat. Restrictions predicated on public safety cannot
be based on stereotypes, but must be tailored to particularized concerns about individual
residents. (See 24 CFR 5.2005(d)(4)).
Documentation of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
If an applicant or tenant requests VAWA protection based on status as a victim of domestic violence,
dating violence, sexual assault, or stalking, the owner has the option to request that the victim document
or provide written evidence to demonstrate that the violence occurred. However, nothing in HUD's
regulation requires a covered housing provider to request this documentation. (See 24 CFR 5.2007(b)(3)).
If the owner chooses to request this documentation, the owner must make such request in writing. The
individual may satisfy this request by providing any one document type listed under 24 CFR 5.2007(b)(1):
a. Form HUD -5383 (Self -Certification Form); or
b. A document:
1) Signed by an employee, agent, or volunteer of a victim service provider, an attorney, or
medical professional or a mental health professional (collectively, "professional") from
whom the victim has sought assistance relating to domestic violence, dating violence,
sexual assault, or stalking, or the effects of abuse:
2) Signed by the applicant or tenant; and
3) That specifies, under penalty of perjury, that the professional believes in the
occurrence of the incident of domestic violence, dating violence, sexual assault, or
stalking that is the ground for protection and remedies under 24 CFR part 5, subpart L,
and that the incident meets the applicable definition of domestic violence, dating violence,
sexual assault, or stalking under 24 CFR 5.2003, or
4) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or
administrative agency; or
c. At the discretion of a covered housing provider, a statement or other evidence provided by the
applicant or tenant.
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Administrative Plan Indian River County Housing Services Division
The owner must accept any of the above items (a — c). The owner has discretion to accept a statement
or other evidence (d).
The owner is prohibited from requiring third -party documentation of the domestic violence, dating
violence, sexual assault, or stalking, unless the submitted documentation contains conflicting information.
If the owner makes a written request for documentation, the owner may require submission of that
documentation within 14 business days after the date that the individual received the written request for
documentation. (24 CFR 5.2007(a)(2)). The owner may extend this time period at its discretion. During
the 14 business day period and any granted extensions of that time, no adverse actions, such as
evictions or terminations, can be taken against the individual requesting VAWA protection.
Once a victim provides documentation of domestic violence, dating violence, sexual assault, or stalking,
the owner is encouraged to acknowledge receipt of the documentation in a timely manner.
If the applicant or tenant fails to provide documentation that meets the criteria in 24 CFR 5.2007 within 14
business days after receiving the written request for that documentation or within the designated
extension
period, nothing in VAWA Final Rule may be construed to limit the authority of the covered housing
provider to:
a. Deny admission by the applicant or tenant to the housing or program;
b. Deny assistance under the covered housing program to the applicant or tenant;
c. Terminate the participation of the tenant in the covered housing program; or
d. Evict the tenant, or a lawful occupant that commits a violation of a lease.
An individual's failure to timely provide documentation of domestic violence, dating violence, sexual
assault, or stalking does not result in a waiver of the individual's right to challenge the denial of assistance
or termination, nor does it preclude the individual's ability to raise an incident of domestic violence, dating
violence, sexual assault, or stalking at eviction or termination proceedings.
Moves
A victim of domestic violence, dating violence, sexual assault, or stalking may move in violation of their
lease if the move is required to protect their safety. If a move results in the termination of the Housing
Assistance Payment Contract, the lease is automatically terminated.
Lease Bifurcation
Owners may choose to bifurcate a lease, or remove a household member from a lease in order to evict,
remove, terminate occupancy rights, or terminate assistance to such member who engages in criminal
activity directly relating to domestic violence, dating violence, sexual assault, or stalking against an
affiliated individual or other individual. (See 24 CFR 5.2009(a)). If an owner chooses to bifurcate the
lease, the owner must comply with the reasonable time to establish eligibility under the covered housing
program or find alternative housing following lease bifurcation provision in 24 CFR 5.2009(b). VAWA
protections, including bifurcation, do not apply to guests or unreported members of a household or
anyone else residing in a household who is not a tenant.
Eviction, removal, termination of occupancy rights, or termination of assistance must be effected in
accordance with the procedures prescribed by federal, state, or local law for termination of leases.
To avoid unnecessary delay in the bifurcation process, HUD recommends that owners seek
court-ordered eviction of the perpetrator pursuant to applicable laws. This process results in the
underlying lease becoming null and void once the owner regains possession of the unit. The
owner would then execute a new lease with the victim.
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Administrative Plan Indian River County Housing Services Division
Evictions Due to "Actual and Imminent Threat" or Violations Not Premised on Abuse
The VAWA Final Rule generally prohibits eviction on the basis or as a direct result of the fact that
the applicant or tenant is or has been a victim of domestic violence, dating violence, sexual
assault, or stalking, if the applicant or tenant otherwise qualifies for assistance, participation or
occupancy. (See 24 CFR 5.2005.)
However, the VAWA Final Rule does not prohibit an owner from evicting a tenant for any violation
not premised on an act of domestic violence, dating violence, sexual assault, or stalking that is in
question against the tenant or an affiliated individual of the tenant. Nor does the VAWA Final
Rule prohibit an owner from evicting a tenant if the owner can demonstrate an actual and
imminent threat to other tenants or those employed at or providing services to property of the
owner would be present if that tenant or lawful occupant is not evicted or terminated from
assistance. (See 5.2005(d)(2) and (3).)
In order to demonstrate an actual and imminent threat to other tenants or employees at the
property, the covered housing provider must have objective evidence of words, gestures, actions,
or other indicators that meet the standards in the following definition:
Actual and imminent threat refers to a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining whether
an individual would pose an actual and imminent threat, the factors to be considered include:
• The duration of the risk;
• The nature and severity of the potential harm;
• The likelihood that the potential harm will occur; and
• The length of time before the potential harm would occur. (See 24 CFR 5.2003 and
5.2005(d)(2).)
Confidentiality
Any information submitted to a covered housing provider under 24 CFR 5.2007, including the fact
that an individual is a victim of domestic violence, dating violence, sexual assault, or stalking,
must be maintained in strict confidence by the covered housing provider. (See 24 CFR
5.2007(c).)
Employees of the owner (or those within their employ, e.g., contractors) must not have access to
the information unless explicitly authorized by the owner for reasons that specifically call for these
individuals to have access to this information under applicable Federal, State, or local law (e.g.,
the information is needed by an employee to provide the VAWA protections to the victim).
The owner must not enter this information into any shared database, or disclose this information
to any other entity or individual, except to the extent that disclosure is:
a. Requested or consented to in writing by the individual (victim) in a time-limited release;
b. Required for use in an eviction proceeding or hearing regarding termination of assistance from
the covered program; or
c. Otherwise required by applicable law.
When communicating with the victim, owners must take precautions to ensure compliance with these
confidentiality requirements.
Service Providers
Indian River County Board of Commissioners Housing Services Division has extensive
relationships with local service providers. IRCHSD are available to provide referrals to shelters,
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Administrative Plan Indian River County Housing Services Division
counselors, and advocates. These resources are also provided in Indian River County Board of
Commissioners PHA Program Annual and 5 -Year Plan, Administrative Plan, VAWA Notice of
Occupancy Rights, and Emergency Transfer Plan. A list of local service providers is attached to
this Notice.
Definitions
Actual and imminent threat refers to a physical danger that is real, would occur within an
immediate time frame, and could result in death or serious bodily harm. In determining whether
an individual would pose an actual and imminent threat, the factors to be considered include: the
duration of the risk, the nature and severity of the potential harm, the likelihood that the potential
harm will occur, and the length of time before the potential harm would occur.
Affiliated individual, with respect to an individual, means:
(1) A spouse, parent, brother, sister, or child of that individual, or a person to whom that individual
stands in the place of a parent or guardian (for example, the affiliated individual is a person in the
care, custody, or control of that individual); or
(2) Any individual, tenant, or lawful occupant living in the household of that individual.
Bifurcate means to divide a lease as a matter of law, subject to the permissibility of such process
under the requirements of the applicable HUD -covered program and State or local law, such that
certain tenants or lawful occupants can be evicted or removed and the remaining tenants or
lawful occupants can continue to reside in the unit under the same lease requirements or as may
be revised depending upon the eligibility for continued occupancy of the remaining tenants and
lawful occupants.
Dating violence means violence committed by a person:
(1) Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(2) Where the existence of such a relationship shall be determined based on consideration of the
following factors:
(i) The length of the relationship;
(ii) The type of relationship; and
(iii) The frequency of interaction between the persons involved in the relationship.
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or
former spouse or intimate partner of the victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or
intimate partner, by a person similarly situated to a spouse of the victim under the domestic or
family violence laws of the jurisdiction receiving grant monies, or by any other person against an
adult or youth victim who is protected from that person's acts under the domestic or family
violence laws of the jurisdiction. The term "spouse or intimate partner of the victim" includes a
person who is or has been in a social relationship of a romantic or intimate nature with the victim,
as determined by the length of the relationship, the type of the relationship, and the frequency of
interaction between the persons involved in the relationship.
Sexual assault means any nonconsensual sexual act proscribed by Federal, tribal, or State law,
including when the victim lacks capacity to consent.
Stalking means engaging in a course of conduct directed at a specific person that would cause a
reasonable person to:
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Administrative Plan Indian River County Housing Services Division
(1) Fear for the person's individual safety or the safety of others; or
(2) Suffer substantial emotional distress.
VAWA means the Violence Against Women Act of 1994, as amended (42 U.S.C. 13925 and 42
U.S.C. 14043e et seq.).
Attached:
Legal services and the domestic violence resources for the Metro area
Form HUD -5382 Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking
Indian River County Board of Commissioners Housing Services Division VAWA Notice of Occupancy
Rights.
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Administrative Plan Indian River County Housing Services Division
Chapter 17: Project -Based Voucher (PBV) And
Agency -Based Voucher Programs
This chapter describes HUD regulations and Agency policies related to the project -based
voucher (PBV) program in nine parts:
Part I: General Requirements. This part describes general provisions of the PBV
program including maximum budget authority requirements, relocation requirements,
and equal opportunity requirements.
Part II: PBV Owner Proposals. This part includes policies related to the submission and
selection of owner proposals for PBV assistance. It describes the factors the PHA will
consider when selecting proposals, the type of housing that is eligible to receive PBV
assistance, the cap on assistance at projects receiving PBV assistance, subsidy layering
requirements, site selection standards, and environmental review requirements.
Part III: Dwelling Units. This part describes requirements related to housing quality
standards, the type and frequency of inspections, and housing accessibility for persons with
disabilities.
Part IV: Rehabilitated and Newly Constructed Units. This part describes
requirements and policies related to the development and completion of rehabilitated
and newly constructed housing units that will be receiving PBV assistance.
Part V: Housing Assistance Payments Contract. This part discusses HAP contract
requirements and policies including the execution, term, and termination of the HAP
contract. In addition, it describes how the HAP contract may be amended and identifies
provisions that may be added to the HAP contract at the PHA's discretion.
Part VI: Selection of PBV Program Participants. This part describes the requirements and
policies governing how the PHA and the owner will select a family to receive PBV
assistance.
Part VII: Occupancy. This part discusses occupancy requirements related to the lease and
describes under what conditions families are allowed or required to move. In addition,
exceptions to the occupancy cap (which limits PBV assistance to 25 percent of the units in
any project) are also discussed.
Part VIII: Determining Rent to Owner. This part describes how the initial rent to owner
is determined, and how rent will be redetermined throughout the life of the HAP
contract. Rent reasonableness requirements are also discussed.
Part IX: Payments to Owner. This part describes the types of payments owners may
receive under this program.
Part 1: General Requirements
17-1 A. OVERVIEW [24 CFR 983.5; FR Notice 1/18/17; Notice PIH 2017-21]
The project -based voucher (PBV) program allows Agencies that already administer a tenant -based
voucher program under an annual contributions contract (ACC) with HUD to take up to 20 percent of its
authorized units and attach the funding to specific units rather than using it for tenant -based assistance
[24 CFR 983.6]. HCV Agencies may only operate a PBV program if doing so is consistent with the
pg. 284
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Administrative Plan Indian River Coun*'Housing Services Division
PHA's Annual Plan, and the goal of deconcentrating poverty and expanding housing and economic
opportunities [42 U.S.C. 1437f(o)(13)].
IRCHSD Policy
Indian River County Board of County Commissioners Housing Services Division will not
administer or operate a project -based voucher program.
PBV assistance may be attached to existing housing or newly constructed or rehabilitated housing [24
CFR 983.52]. If PBV units are already selected for project -based assistance either under an agreement to
enter into HAP Contract (Agreement) or a HAP contract, the PHA is not required to reduce the number of
these units if the number of authorized units is subsequently reduced. However, the PHA is responsible
for determining the amount of budget authority that is available for project -based vouchers and ensuring
that the amount of assistance that is attached to units is within the amounts available under the ACC,
regardless of whether the PHA has vouchers available for project -basing [FR Notice 1/18/17].
Additional Project -Based Units [FR Notice 1/18/17; Notice PIH 2017-21]
The PHA may project -based an additional 10 percent of its units above the 20 percent program limit. The
units may be distributed among one, all, or a combination of the categories as long as the total number of
units does not exceed the 10 percent cap. Units qualify under this exception if the units:
• Are specifically made available to house individuals and families that meet the definition of homeless
under section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) and contained
in the Continuum of Care Interim Rule at 24 CFR 578.3.
• Are specifically made available to house families that are comprised of or include a veteran.
- Veteran means an individual who has served in the United States Armed Forces.
• Provide supportive housing to persons with disabilities or elderly persons as defined in 24 CFR 5.403.
• Are located in a census tract with a poverty rate of 20 percent or less, as determined in the most
recent American Community Survey Five -Year Estimates.
Only units that that are under a HAP contract that was first executed on or after April 18, 2017, may be
covered by the 10 percent exception.
IRCHSD Policy
Does not apply to Indian River County Board of County Commissioners Housing Services
Division. The County does not administer or operate a project -based voucher program.
Units Not Subject to the PBV Program Limitation [FR Notice 1/18/17]
PBV units under the RAD program and HUD-VASH PBV set-aside vouchers do not count toward the 20
percent limitation when PBV assistance is attached to them.
In addition, units that were previously subject to certain federal rent restrictions or were receiving another
type of long-term housing subsidy provided by HUD are not subject to the cap. The unit must be covered
under a PBV HAP contract that first became effective on or after April 18, 2017.
IRCHSD Policy
Does not apply to Indian River County Board of County Commissioners Housing Services
Division, The County does not administer or operate a project -based voucher program.
17-1 B. TENANT -BASED VS. PROJECT -BASED VOUCHER ASSISTANCE [24 CFR
983.2]
Much of the tenant -based voucher program regulations also apply to the PBV program. Consequently,
many of the PHA policies related to tenant -based assistance also apply to PBV assistance. The
provisions of the tenant -based voucher regulations that do not apply to the PBV program are listed at
24 CFR 983.2.
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
Except as otherwise noted in this chapter, or unless specifically prohibited by PBV program
regulations, the Admin policies for the tenant -based voucher program contained in this
administrative plan do not apply to any PBV program and its participants. The County does not
administer or operate a PBV program.
17-I.C. RELOCATION REQUIREMENTS [24 CFR 983.7]
Any persons displaced as a result of implementation of the PBV program must be provided relocation
assistance in accordance with the requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (URA)[42 U.S.C. 4201-4655] and implementing regulations at
49 CFR part 24.
The cost of required relocation assistance may be paid with funds provided by the owner, local public
funds, or funds available from other sources. PHAs may not use voucher program funds to cover
relocation costs, except that PHAs may use their administrative fee reserve to pay for relocation
expenses after all other program administrative expenses are satisfied, and provided that payment of
the relocation benefits is consistent with state and local law. Use of the administrative fee for these
purposes must also be consistent with other legal and regulatory requirements, including the
requirement in 24 CFR 982.155 and other official HUD issuances.
The acquisition of real property for a PBV project is subject to the URA and 49 CFR part 24, subpart B.
It is the responsibility of the PHA to ensure the owner complies with these requirements.
17-1 D. EQUAL OPPORTUNITY REQUIREMENTS [24 CFR 983.8]
The PHA must comply with all equal opportunity requirements under federal law and regulations in
its implementation of the PBV program. This includes the requirements and authorities cited at 24
CFR 5.105(a). In addition, the PHA will comply with the PHA Plan certification on civil rights and
affirmatively furthering fair housing submitted in accordance with 24 CFR 903.7(o).
Part 11: PBV Owner Proposals
17 -II A. OVERVIEW
With certain exceptions, the PHA must describe the procedures for owner submission of PBV proposals
and for PHA selection of PBV proposals [24 CFR 983.511. Before selecting a PBV proposal, the PHA
must determine that the PBV proposal complies with HUD program regulations and requirements,
including a determination that the property is eligible housing [24 CFR 983.53 and 983.54], complies
with the cap on the number of PBV units per project [24 CFR 983.56], and meets the site selection
standards [24 CFR 983.57]. The PHA may not commit PBVs until or unless it has followed the proposal
selection requirements defined in 24 CFR 983.51 [Notice PIH 2011-54].
17-11.13. OWNER PROPOSAL SELECTION PROCEDURES [24 CFR 983.51(b)]
The PHA must select PBV proposals in accordance with the selection procedures in the PHA
administrative plan. The PHA must select PBV proposals by either of the following two methods.
• PHA request for PBV Proposals. The PHA may solicit proposals by using a request for proposals
to select proposals on a competitive basis in response to the PHA request. The PHA may not
limit proposals to a single site or impose restrictions that explicitly or practically preclude owner
submission of proposals for PBV housing on different sites.
• The PHA may select proposals that were previously selected based on a competition. This may
include selection of a proposal for housing assisted under a federal, state, or local government
housing assistance program that was subject to a competition in accordance with the
requirements of the applicable program, community development program, or supportive services
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Administrative Plan Indian River County Housing Services Division
program that requires competitive selection of proposals (e.g., HOME, and units for which
competitively awarded LIHTCs have been provided), where the proposal has been selected in
accordance with such program's competitive selection requirements within three years of the PBV
proposal selection date, and the earlier competitive selection proposal did not involve any
consideration that the project would receive PBV assistance. The PHA need not conduct another
competition.
Units Selected Non -Competitively [FR Notice 1/18/17; Notice PIH 2017-21]
For certain public housing projects where the PHA has an ownership interest or control and will spend a
minimum amount per unit on rehabilitation or construction, the PHA may select a project without following
one of the two processes above.
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Solicitation and Selection of PBV Proposals [24 CFR 983.51(c)]
PHA procedures for selecting PBV proposals must be designed and actually operated to provide broad
public notice of the opportunity to offer PBV proposals for consideration by the HCV Agency. The public
notice procedures may include publication of the public notice in a local newspaper of general circulation
and other means designed and actually operated to provide broad public notice. The public notice of the
PHA request for PBV proposals must specify the submission deadline. Detailed application and selection
information must be provided at the request of interested parties.
IRCHSD Policy
Request for Proposals for Rehabilitated and Newly Constructed Units
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Requests for Proposals for Existing Housing Units
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Selection of Proposals Subject to a Previous Competition under a Federal, State or Local
Housing Assistance Program
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
HCV Agency -Owned Units [24 CFR 983.51(e), 983.59, FR Notice 1/18/17, and Notice PIH
2017-21]
A PHA -owned unit may be assisted under the PBV program only if the HUD field office or HUD -approved
independent entity reviews the selection process and determines that the PHA -owned units were
appropriately selected based on the selection procedures specified in the administrative plan. If the PHA
selects a proposal for housing that is owned or controlled by the PHA, the PHA must identify the entity
that will review the PHA proposal selection process and perform specific functions with respect to rent
determinations and inspections.
In the case of PHA -owned units, the term of the HAP contract and any HAP contract renewal must be
agreed upon by the PHA and a HUD -approved independent entity. In addition, an independent entity must
determine the rent to owner, the redetermined rent to owner, and reasonable rent. Housing quality
standards inspections must also be conducted by an independent entity.
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Administrative Plan Indian River County Housing Services Division
The independent entity that performs these program services may be the unit of general local government
for the PHA jurisdiction (unless the PHA is itself the unit of general local government or an agency of such
government) or another HUD -approved public or private independent entity.
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Notice of Owner Selection [24 CFR 983.51(d)]
The PHA must give prompt written notice to the party that submitted a selected proposal and must also
give prompt public notice of such selection. Public notice procedures may include publication of public
notice in a local newspaper of general circulation and other means designed and actually operated to
provide broad public notice.
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
17-II.C. HOUSING TYPE [24 CFR 983.52]
The PHA may attach PBV assistance for units in existing housing or for newly constructed or rehabilitated
housing developed under and in accordance with an agreement to enter into a housing assistance
payments contract that was executed prior to the start of construction. A housing unit is considered an
existing unit for purposes of the PBV program, if, at the time of notice of PHA selection, the units
substantially comply with HQS. Units for which new construction or rehabilitation began after the owner's
proposal submission but prior to the execution of the HAP do not subsequently qualify as existing
housing. Units that were newly constructed or rehabilitated in violation of program requirements also do
not qualify as existing housing.
The PHA must decide what housing type, new construction, rehabilitation, or existing housing, will be
used to develop project -based housing. The PHA choice of housing type must be reflected in its
solicitation for proposals.
17-II.D. PROHIBITION OF ASSISTANCE FOR CERTAIN UNITS
Ineligible Housing Types [24 CFR 983.53]
The PHA may not attach or pay PBV assistance to shared housing units; units on the grounds of a penal
reformatory, medical, mental, or similar public or private institution; nursing homes or facilities providing
continuous psychiatric, medical, nursing services, board and care, or intermediate care (except that
assistance may be provided in assisted living facilities); units that are owned or controlled by an
educational institution or its affiliate and are designated for occupancy by students; manufactured homes;
and transitional housing. In addition, the PHA may not attach or pay PBV assistance for a unit occupied
by an owner and the PHA may not select or enter into an agreement to enter into a HAP contract or HAP
contract for a unit occupied by a family ineligible for participation in the PBV program. A member of a
cooperative who owns shares in the project assisted under the PBV program is not considered an owner
for purposes of participation in the PBV program. Finally, PBV assistance may not be attached to units for
which construction or rehabilitation has started after the proposal submission and prior to the execution of
an AHAP.
Subsidized Housing [24 CFR 983.54]
A PHA may not attach or pay PBV assistance to units in any of the following types of subsidized housing:
• A public housing unit;
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Administrative Plan Indian River County Housing Services Division
• A unit subsidized with any other form of Section 8 assistance;
• A unit subsidized with any governmental rent subsidy;
• A unit subsidized with any governmental subsidy that covers all or any part of the operating costs of
the housing;
• A unit subsidized with Section 236 rental assistance payments (except that a HCV Program may
attach assistance to a unit subsidized with Section 236 interest reduction payments);
• A Section 202 project for non -elderly with disabilities;
• Section 811 project -based supportive housing for persons with disabilities;
• Section 202 supportive housing for the elderly;
• A Section 101 rent supplement project;
• A unit subsidized with any form of tenant -based rental assistance;
• A unit with any other duplicative federal, state, or local housing subsidy, as determined by HUD or the
PHA in accordance with HUD requirements.
17-II.E. SUBSIDY LAYERING REQUIREMENTS [24 CFR 983.55, FR Notice 11/24/08,
FR Notice 7/9/10, and FR Notice 6/25/14]
The PHA may provide PBV assistance only in accordance with HUD subsidy layering regulations [24 CFR
4.13] and other requirements.
The subsidy layering review is intended to prevent excessive public assistance by combining (layering)
housing assistance payment subsidy under the PBV program with other governmental housing assistance
from federal, state, or local agencies, including assistance such as tax concessions or tax credits.
Subsidy layering requirements do not apply to existing housing. A further subsidy layering review is not
required for new construction or rehabilitation if HUD's designee has conducted a review that included a
review of PBV assistance in accordance with the PBV subsidy layering guidelines.
The PHA must submit the necessary documentation to HUD for a subsidy layering review. Except in
cases noted above, the PHA may not enter into an agreement to enter into a HAP contract or a HAP
contract until HUD, or a HUD -approved housing credit agency (HCA), has conducted any required
subsidy layering review and determined that the PBV assistance is in accordance with HUD subsidy
layering requirements. However, in order to satisfy applicable requirements, HCAs must conduct subsidy
layering reviews in compliance with the guidelines set forth in the Federal Register notice published July
9, 2010.
The HAP contract must contain the owner's certification that the project has not received and will not
receive (before or during the term of the HAP contract) any public assistance for acquisition,
development, or operation of the housing other than assistance disclosed in the subsidy layering review in
accordance with HUD requirements.
17-II.F. CAP ON NUMBER OF PBV UNITS IN EACH PROJECT
25 Percent per Project Cap [24 CFR 983.56, FR Notice 1/18/17, and Notice PIH
2017-21]
In general, the PHA may not select a proposal to provide PBV assistance for units in a project or enter
into an agreement to enter into a HAP or a HAP contract to provide PBV assistance for units in a project,
if the total number of dwelling units in the project that will receive PBV assistance during the term of the
PBV HAP contract is more than the greater of 25 units or 25 percent of the number of dwelling units
(assisted or unassisted) in the project.
Exceptions to 25 Percent per Project Cap [FR Notice 1/18/17; Notice PIH 2017-21]
As of April 18, 2017, units are not counted against the 25 percent or 25 -unit per project cap if:
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Administrative Plan Indian River County Housing Services Division
• The units are exclusively for elderly families
• The units are for households eligible for supportive services available to all families receiving PBV
assistance in the project
— If the project is located in a census tract with a poverty rate of 20 percent or less, as determined
in the most recent American Community Survey Five -Year estimates, the project cap is the
greater of 25 units or 40 percent (instead of 25 percent) of the units in the project [FR Notice
7/14/17].
The Housing Opportunity Through Modernization Act of 2016 (HOTMA) eliminated the project cap
exemption for projects that serve disabled families and modified the exception for supportive services.
Projects where these caps were implemented prior to HOTMA (HAP contracts executed prior to April 18,
2017) may continue to use the former exceptions and may renew their HAP contracts under the old
requirements, unless the PHA and owner agree to change the conditions of the HAP contract. However,
this change may not be made if it would jeopardize an assisted family's eligibility for continued assistance
on the project.
Supportive Services
PHAs must include in the PHA administrative plan the type of services offered to families for a project to
qualify for the exception and the extent to which such services will be provided. As of April 18, 2017, the
project must make supportive services available to all families receiving PBV assistance in the project, but
the family does not actually have to accept and receive supportive services for the exception to apply to
the unit, although the family must be eligible to receive the supportive services. It is not necessary that the
services be provided at or by the project but must be reasonably available to families receiving PBV
assistance at the project and designed to help families in the project achieve self-sufficiency or live in the
community as independently as possible. A PHA may not require participation in the supportive service as
a condition of living in the excepted unit, although such services may be offered.
IRCHSD Policy
Except units will be limited to units for elderly families. Does not apply to IRCHSD. The County
does not administer or operate a project -based voucher program.
Projects not Subject to a Project Cap [FR Notice 1/18/17; Notice PIH 2017-21]
PBV units that were previously subject to certain federal rent restrictions or receiving another type of long-
term housing subsidy provided by HUD are exempt from the project cap. In other words, 100 percent of
the units in these projects may receive PBV assistance.
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Promoting Partially -Assisted Projects [24 CFR 983.56(c)]
A PHA may establish local requirements designed to promote PBV assistance in partially assisted
projects. A partially assisted project is a project in which there are fewer units covered by a HAP contract
than residential units [24 CFR 983.3].
A PHA may establish a per -project cap on the number of units that will receive PBV assistance or other
project -based assistance in a multifamily project containing excepted units or in a single-family building. A
PHA may also determine not to provide PBV assistance for excepted units, or the PHA may establish a
per -project cap of less than 25 percent.
pg. 290
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Administrative Plan Indian River County Housing Services Division
IRCHSD Policy:
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
17-II.G. SITE SELECTION STANDARDS
Compliance with PBV Goals, Civil Rights Requirements, and HQS Site Standards
[24 CFR 983.57(b)]
The PHA may not select a proposal for existing, newly constructed, or rehabilitated PBV housing on a site
or enter into an agreement to enter into a HAP contract or HAP contract for units on the site, unless the
PHA has determined that PBV assistance for housing at the selected site is consistent with the goal of
deconcentrating poverty and expanding housing and economic opportunities. The standard for
deconcentrating poverty and expanding housing and economic opportunities must be consistent with the
Agency Plan under 24 CFR 903 and the PHA administrative plan.
In addition, prior to selecting a proposal, the PHA must determine that the site is suitable from the
standpoint of facilitating and furthering full compliance with the applicable Civil Rights Laws, regulations,
and Executive Orders, and that the site meets the HQS site and neighborhood standards at 24 CFR
982.401(1).
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Existing and Rehabilitated Housing Site and Neighborhood Standards [24 CFR 983.57(d)]
The PHA may not enter into an agreement to enter into a HAP contract nor enter into a HAP contract for
existing or rehabilitated housing until it has determined that the site complies with the HUD required site
and neighborhood standards. The site must:
• Be adequate in size, exposure, and contour to accommodate the number and type of units proposed;
• Have adequate utilities and streets available to service the site;
• Promote a greater choice of housing opportunities and avoid undue concentration of assisted persons
in areas containing a high proportion of low-income persons;
• Be accessible to social, recreational, educational, commercial, and health facilities and services and
other municipal facilities and services equivalent to those found in neighborhoods consisting largely of
unassisted similar units; and
• Be located so that travel time and cost via public transportation or private automobile from the
neighborhood to places of employment is not excessive.
New Construction Site and Neighborhood Standards [24 CFR 983.57(e)]
In order to be selected for PBV assistance, a site for newly constructed housing must meet the following
HUD required site and neighborhood standards:
• The site must be adequate in size, exposure, and contour to accommodate the number and type of
units proposed;
• The site must have adequate utilities and streets available to service the site;
• The site must not be located in an area of minority concentration unless the PHA determines that
sufficient, comparable opportunities exist for housing for minority families in the income range to be
pg. 291
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Administrative Plan Indian River County Housing Services Division
served by the proposed project outside areas of minority concentration or that the project is
necessary to meet overriding housing needs that cannot be met in that housing market area;
• The site must not be located in a racially mixed area if the project will cause a significant increase in
the proportion of minority to non -minority residents in the area.
• The site must promote a greater choice of housing opportunities and avoid undue concentration of
assisted persons in areas containing a high proportion of low-income persons;
• The neighborhood must not be one that is seriously detrimental to family life or in which substandard
dwellings or other undesirable conditions predominate;
• The housing must be accessible to social, recreational, educational, commercial, and health facilities
and services and other municipal facilities and services equivalent to those found in neighborhoods
consisting largely of unassisted similar units; and
• Except for housing designed for elderly persons, the housing must be located so that travel time and
cost via public transportation or private automobile from the neighborhood to places of employment is
not excessive.
17-II.H. ENVIRONMENTAL REVIEW [24 CFR 983.581
The PHA activities under the PBV program are subject to HUD environmental regulations in 24 CFR parts
50 and 58. The responsible entity is responsible for performing the federal environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). The PHA may not enter into an
agreement to enter into a HAP contract nor enter into a HAP contract until it has complied with the
environmental review requirements.
In the case of existing housing, the responsible entity that is responsible for the environmental review
under 24 CFR part 58 must determine whether or not PBV assistance is categorically excluded from
review under the National Environmental Policy Act and whether or not the assistance is subject to review
under the laws and authorities listed in 24 CFR 58.5.
The PHA may not enter into an agreement to enter into a HAP contract or a HAP contract with an owner,
and the PHA, the owner, and its contractors may not acquire, rehabilitate, convert, lease, repair, dispose
of, demolish, or construct real property or commit or expend program or local funds for PBV activities
under this part, until the environmental review is completed.
The PHA must supply all available, relevant information necessary for the responsible entity to perform
any required environmental review for any site. The PHA must require the owner to carry out mitigating
measures required by the responsible entity (or HUD, if applicable) as a result of the environmental
review.
PART III: DWELLING UNITS
17-III.A. OVERVIEW
This part identifies the special housing quality standards that apply to the PBV program, housing
accessibility for persons with disabilities, and special procedures for conducting housing quality standards
inspections.
17-III.B. HOUSING QUALITY STANDARDS [24 CFR 983.101]
The housing quality standards (HQS) for the tenant -based program, including those for special housing
types, generally apply to the PBV program. HQS requirements for shared housing, manufactured home
space rental, and the homeownership option do not apply because these housing types are not assisted
under the PBV program.
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Administrative Plan Indian River County Housing Services Division
The physical condition standards at 24 CFR 5.703 do not apply to the PBV program.
Lead-based Paint [24 CFR 983.101(c)]
The lead-based paint requirements for the tenant -based voucher program do not apply to the PBV
program. Instead, The Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead-based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing
regulations at 24 CFR part 35, subparts A, B, H, and R, apply to the PBV program.
17-III.C. HOUSING ACCESSIBILITY FOR PERSONS WITH DISABILITIES
The housing must comply with program accessibility requirements of section 504 of the Rehabilitation Act
of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. The PHA must ensure that the
percentage of accessible dwelling units complies with the requirements of section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), as implemented by HUD's regulations at 24 CFR 8, subpart C.
Housing first occupied after March 13, 1991, must comply with design and construction requirements of
the Fair Housing Amendments Act of 1988 and implement regulations at 24 CFR 100.205, as applicable.
(24 CFR 983.102).
17 -IIID. INSPECTING UNITS
Pre -selection Inspection [24 CFR 983.103(a)]
The PHA must examine the proposed site before the proposal selection date. If the units to be assisted
already exist, the PHA must inspect all the units before the proposal selection date, and must determine
whether the units substantially comply with HQS. To qualify as existing housing, units must substantially
comply with HQS on the proposal selection date. However, the PHA may not execute the HAP contract
until the units fully comply with HQS.
Pre -HAP Contract Inspections [24 CFR 983.103(b)]
The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not enter
into a HAP contract covering a unit until the unit fully complies with HQS.
Turnover Inspections [24 CFR 983.103(c), FR Notice 1/18/17, and Notice PIH 2017-20]
Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA
may not provide assistance on behalf of the family until the unit fully complies with HQS, unless the PHA
has adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of
only non -life-threatening conditions or if the unit passed an alternative inspection.
IRCHSD Policy
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
Annual/Biennial Inspections [24 CFR 983.103(d); FR Notice 6/25/14]
At least once every 24 months during the term of the HAP contract, the PHA must inspect a random
sample consisting of at least 20 percent of the contract units in each building to determine if the contract
units and the premises are maintained in accordance with HQS. Turnover inspections are not counted
toward meeting this inspection requirement.
iRCHSD Polis
Does not apply to IRCHSD. The County does not administer or operate a project -based voucher
program.
If more than 20 percent of the samples of inspected contract units in a building fail the initial inspection,
the PHA must reinspect 100 percent of the contract units in the building.
pg. 293
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Administrative Plan Indian River County Housing Services Division
Other Inspections [24 CFR 983.103(e)]
The PHA must inspect contract units whenever needed to determine that the contract units comply with
HQS and that the owner is providing maintenance, utilities, and other services in accordance with the
HAP contract. The PHA must take into account complaints and any other information coming to its
attention in scheduling inspections.
The PHA must conduct follow-up inspections needed to determine if the owner (or, if applicable, the
family) has corrected an HQS violation, and must conduct inspections to determine the basis for
contractual exercise and other remedies for owner or family violation of HQS.
In conducting PHA supervisory quality control HQS inspections, the PHA should include a representative
sample of both tenant -based and project -based units.
Inspecting PHA -Owned Units [24 CFR 983.103(f)]
In the case of PHA -owned units, the inspections must be performed by an independent agency
designated by the PHA and approved by HUD. The independent entity must furnish a copy of each
inspection report to the Agency and to the HUD field office where the project is located. The PHA must
take all necessary actions in response to inspection reports from the independent agency, including
exercise of contractual remedies for violation of the HAP contract by the PAH -owner.
PART IV: REHABILITATED AND NEWLY CONSTRUCTED UNITS
17-IV.A. OVERVIEW [24 CFR 983.151]
There are specific requirements that apply to PBV assistance for newly constructed or rehabilitated
housing that do not apply to PBV assistance in existing housing. This part describes the requirements
unique to this type of assistance.
Housing selected for this type of assistance may not at a later date be selected for PBV assistance as
existing housing.
17-IV.B. AGREEMENT TO ENTER INTO HAP CONTRACT
In order to offer PBV assistance in rehabilitated or newly constructed units, the PHA must enter into an
agreement to enter into HAP contract (Agreement) with the owner of the property. The Agreement must
be in the form required by HUD [24 CFR 983.152(b)]. The PHA may not enter into an Agreement if
commencement of construction or rehabilitation has commenced after proposal submission [24 CFR
983.152(c)]. Construction begins when excavation or site preparation (including clearing of the land)
begins for the housing. Rehabilitation begins with the physical commencement of rehabilitation activity on
the housing.
In the Agreement the owner agrees to develop the PBV contract units to comply with HQS, and the PHA
agrees that upon timely completion of such development in accordance with the terms of the Agreement,
the PHA will enter into a HAP contract with the owner for the contract units [24 CFR 983.152(a)].
Content of the Agreement [24 CFR 983.152(d)]
At a minimum, the Agreement must describe the following features of the housing to be developed and
assisted under the PBV program:
• Site and the location of the contract units;
• Number of contract units by area (size) and number of bedrooms and bathrooms;
• Services, maintenance, or equipment to be supplied by the owner without charges in addition to the
rent;
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Administrative Plan Indian River County Housing Services Division
• Utilities available to the contract units, including a specification of utility services to be paid by the
owner and utility services to be paid by the tenant;
• An indication of whether or not the design and construction requirements of the Fair Housing Act and
section 504 of the Rehabilitation Act of 1973 apply to units under the Agreement. If applicable, any
required work item resulting from these requirements must be included in the description of work to
be performed under the Agreement;
• Estimated initial rents to owner for the contract units;
• Description of the work to be performed under the Agreement. For rehabilitated units, the description
must include the rehabilitation work write up and, where determined necessary by the PHA,
specifications and plans. For new construction units, the description must include the working
drawings and specifications.
• Any additional requirements for quality, architecture, or design over and above HQS.
Execution of the Agreement [24 CFR 983.153]
The Agreement must be executed promptly after PHA notice of proposal selection to the
selection to the selected owner. The PHA may not enter into the Agreement if construction or rehabilitation
has started after proposal submission. Generally, the PHA may not enter into the Agreement with the
owner until the subsidy layering review is completed. Likewise, the PHA may not enter into the Agreement
until the environmental review is completed and the PHA has received environmental approval. However,
the PHA does not need to conduct a subsidy layering review in the case of a HAP contract for existing
housing or if the applicable state or local agency has conducted such a review. Similarly, environmental
reviews are not required for existing structures unless otherwise required by law or regulation.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-IV.C. CONDUCT OF DEVELOPMENT WORK
Labor Standards [24 CFR 983.154(b)]
If an Agreement covers the development of nine or more contract units (whether or not completed in
stages), the owner and the owner's contractors and subcontractors must pay Davis -Bacon wages to
laborers and mechanics employed in the development of housing. The HUD -prescribed form of the
Agreement will include the labor standards clauses required by HUD, such as those involving Davis -
Bacon wage rates.
The owner, contractors, and subcontractors must also comply with the Contract Work Hours and Safety
Standards Act, Department of Labor regulations in 29 CFR part 5, and other applicable federal labor
relations laws and regulations. The PHA must monitor compliance with labor standards.
Equal Opportunity [24 CFR 983.154(c)]
The owner must comply with Section 3 of the Housing and Urban Development Act of 1968 and the
implementation regulations at 24 CFR part 135. The owner must also comply with federal equal
employment opportunity requirements.
Owner Disclosure [24 CFR 983.154(d) and (e)]
The Agreement and HAP contract must include a certification by the owner that the owner and other
project principals are not on the U.S. General Services Administration list of parties excluded from federal
procurement and non -procurement programs.
pg. 295
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Administrative Plan
Indian River County Housing Services Division
The owner must also disclose any possible conflict of interest that would be a violation of the Agreement,
the HAP contract, or HUD regulations.
17-IV.D. COMPLETION OF HOUSING
The Agreement must specify the deadlines for completion of the housing, and the owner must develop
and complete the housing in accordance with these deadlines. The Agreement must also specify the
deadline for submission by the owner of the required evidence of completion.
Evidence of Completion [24 CFR 983.155(b)]
At a minimum, the owner must submit the following evidence of completion to the PHA in the form and
manner required by the PHA:
• Owner certification that the work has been completed in accordance with HQS and all requirements of
the Agreement; and
• Owner certification that the owner has complied with labor standards and equal opportunity
requirements in development of the housing.
At the PHA discretion, the Agreement may specify additional documentation that must be submitted by
the owner as evidence of housing completion.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Acceptance of Completed Units [24 CFR 983.156]
Upon notice from the owner that the housing is completed, the PHA must inspect to determine if the
housing has been completed in accordance with the Agreement, including compliance with HQS and any
additional requirements imposed under the Agreement. The PHA must also determine if the owner has
submitted all required evidence of completion.
If the work has not been completed in accordance with the Agreement, the PHA must not enter into the
HAP contract.
If the PHA determines the work has been completed in accordance with the Agreement and that the
owner has submitted all required evidence of completion, the PHA must submit the HAP contract for
execution by the owner and must then execute the HAP contract.
PART V: HOUSING ASSISTANCE PAYMENTS CONTRACT (HAP)
17-V.A. OVERVIEW
The PHA must enter into a HAP contract with an owner for units that are receiving PBV assistance. The
purpose of the HAP contract is to provide housing assistance payments for eligible families. Housing
assistance is paid for contract units leased and occupied by eligible families during the HAP contract term.
With the exception of single-family scattered -site projects, a HAP contract shall cover a single project. If
multiple projects exist, each project is covered by a separate HAP contract. The HAP contract must be in
the form required by HUD [24 CFR 983.202(a)].
174.113. HAP CONTRACT REQUIREMENTS
Contract Information [24 CFR 983.203]
The HAP contract must specify the following information:
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Administrative Plan
Indian River County Housing Services Division
• The total number of contract units by number of bedrooms;
• The project's name, street address, city or county, state and zip code, block and lot number (if
known), and any other information necessary to clearly identify the site and the building;
• The number of contract units in each building, the location of each contract unit, the area of each
contract unit, and the number of bedrooms and bathrooms in each contract unit;
• Services, maintenance, and equipment to be supplied by the owner and included in the rent to owner;
• Utilities available to the contract units, including a specification of utility services to be paid by the
owner (included in rent) and utility services to be paid by the tenant;
• Features provided to comply with program accessibility requirements of Section 504 of the
Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8;
• The HAP contract term;
• The number of units in any project that will exceed the 25 percent per project cap, which will be set
aside for occupancy by qualifying families (elderly and/or disabled families and families receiving
supportive services); and
• The initial rent to owner for the first 12 months of the HAP contract term.
Execution of the HAP Contract [24 CFR 983.204]
The PHA may not enter into a HAP contract until each contract unit has been inspected and the PHA has
determined that the unit complies with the Housing Quality Standards (HQS), unless the PHA has
adopted a policy to enter into a HAP contract for units that fail the initial HQS inspection as a result of only
non -life-threatening conditions. For existing housing, the HAP contract must be executed promptly after
the PHA selects the owner proposal and inspects the housing units. For newly constructed or rehabilitated
housing the HAP contract must be executed after the PHA has inspected the completed units and has
determined that the units have been completed in accordance with the agreement to enter into HAP, and
the owner furnishes all required evidence of completion.
IRC SD Polioy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Term of HAP Contract [24 CFR 983.205, FR Notice 1/18/17, and Notice PIH 2017-21]
The PHA may enter into a HAP contract with an owner for an initial term of no less than one year and no
more than 20 years for each contract unit. The length of the term of the HAP contract for any contract unit
may not be less than one year, nor more than 20 years. In the case of PHA -owned units, the term of the
HAP contract must be agreed upon by the PHA and the independent entity approved by HUD [24 CFR
983.59(b)(2)].
IRCHSD Polios
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
At the time of the initial HAP contract term or any time before expiration of the HAP contract, the
PHA may extend the term of the contract for an additional term of up to 20 years if the PHA
determines an extension is appropriate to continue providing affordable housing for low-income
families. A HAP contract extension may not exceed 20 years. A PHA may provide for multiple
extensions; however, in no circumstances may such extensions exceed 20 years, cumulatively.
Extensions after the initial extension are allowed at the end of any extension term, provided that
not more than 24 months prior to the expiration of the previous extension contract the PHA
pg. 297
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Administrative Plan
Indian River County Housing Services Division
agrees to extend the term, and that such extension is appropriate to continue providing affordable
housing for low-income families or to expand housing opportunities. Extensions after the initial
extension term shall not begin prior to the expiration date of the previous extension term.
Subsequent extensions are subject to the same limitations. All extensions must be on the form
and subject to the conditions prescribed by HUD at the time of the extension. In the case of PHA -
owned units, any extension of the term of the HAP contract must be agreed upon by the PHA and
the independent entity approved by HUD [24 CFR 983.59(b)(2)].
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Termination by HCV Agency [24 CFR 983.205(c) and FR Notice 1/18/17]
The HAP contract must provide that the term of the PHA contractual commitment is subject to the
availability of sufficient appropriate funding as determined by HUD or by the PHA in accordance with HUD
instructions. For these purposes, sufficient funding means the availability of appropriations, and of funding
under the ACC from such appropriations, to make full payment of housing assistance payments payable
to the owner for any contract year in accordance with the terms of the HAP contract.
In times of insufficient funding, HUD requires that the PHA first take all cost-saving measures prior to
failing to make payments under existing PBV HAP contracts.
If it is determined that there may not be sufficient funding to continue housing assistance payments for all
contract units and for the full term of the HAP contract, the PHA may terminate the HAP contract by notice
to the owner. The termination must be implemented in accordance with HUD instructions.
Termination by Owner [24 CFR 983.205(d)]
If in accordance with program requirements the amount of rent to an owner for any contract unit is
reduced below the amount of rent to owner at the beginning of the HAP contract term, the owner may
terminate the HAP contract by giving notice to the PHA. In this case, families living in the contract units
must be offered tenant -based assistance.
Statutory Notice Requirements: Contract Termination or Expiration [24 CFR 983.206,
FR Notice 1/18/17, and Notice PIH 2017-21]
Not less than one year before the HAP contract terminates, or if the owner refuses to renew the HAP
contract, the owner must notify the PHA and assisted tenants of the termination. The notice must be
provided in the form prescribed by HUD. If the owner does not give timely notice, the owner must permit
the tenants in assisted units to remain in their units for the required notice period with no increase in the
tenant portion of their rent, and with no eviction as a result of the owner's inability to collect an increased
tenant portion of rent. An owner may renew the terminating contract for a period of time sufficient to give
tenants one-year advance notice under such terms as HUD may require.
Upon termination or expiration of the contract, a family living at the property is entitled to receive a tenant -
based voucher. Tenant -based assistance would not begin until the owner's required notice period ends.
The PHA must provide the family with a voucher and the family must also be given the option by the PHA
and owner to remain in their unit with HCV tenant -based assistance as long as the unit complies with
inspection and rent reasonableness requirements. The family must pay their total tenant payment (TTP)
and any additional amount if the gross rent exceeds the applicable payment standard. The family has the
right to remain in the project as long as the units are used for rental housing and are otherwise eligible for
HCV assistance. The owner may not terminate the tenancy of a family that exercises its right to remain
except for serious or repeated lease violations or other good cause. Families that receive a tenant -based
pg. 298
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Administrative Plan Indian River County Housing Services Division
voucher at the expiration or termination of the PBV HAP contract are not new admissions to the PHA
HCV tenant -based program, and are not subject to income eligibility requirements or any other admission
requirements. If the family chooses to remain in their unit with tenant -based assistance, the family may do
so regardless of whether the family share would initially exceed 40 percent of the family's adjusted
monthly income.
Remedies for HOS Violations [24 CFR 983.208(b)]
The PHA may not make any HAP payment to the owner for a contract unit during any period in which the
unit does not comply with HQS. If the PHA determines that a contract does not comply with HQS, the
PHA may exercise any of its remedies under the HAP contract, for any or all of the contract units.
Available remedies include termination of housing assistance payments, abatement or reduction of
housing assistance payments, reduction of contract units, and termination of the HAP contract.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-V.C. AMENDMENTS TO HAP CONTRACT
Substitution of Contract Units [24 CFR 983.207(a)]
At the PHA discretion and subject to all PBV requirements, the HAP contract may be amended to
substitute a different unit with the same number of bedrooms in the same project for a previously covered
contract unit. Before any such substitution can take place, the PHA must inspect the proposed unit and
determine the reasonable rent for the unit.
Addition of Contract Units [FR Notice 1/18/17 and Notice PIH 2017-21]
The PHA and owner may amend the HAP contract to add additional PBV contract units in projects that
already have a HAP contract without having to fulfill the selection requirements found at 24 CFR
983.51(b) for those additional PBV units, regardless of when the HAP contract was signed. The additional
PBV units, however, are still subject to the PBV program cap and individual project caps. Prior to
attaching additional units without competition, the PHA must submit to the local field office information
outlined in FR Notice 1/18/17. The PHA must also detail in the administrative plan their intent to add PBV
units and the rationale for adding units to the specific PBV project.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-V.D. HAP CONTRACT YEAR, ANNIVERSARY AND EXPIRATION DATES [24 CFR
983.207(b) and 983.302(e)]
The HAP contract year is the period of 12 calendar months preceding each annual anniversary of the
HAP contract during the HAP contract term. The initial contract year is calculated from the first day of the
first calendar month of the HAP contract term.
The annual anniversary of the HAP contract is the first day of the first calendar month after the end of the
preceding contract year.
There is a single annual anniversary and expiration date for all units under a particular HAP contract,
even in cases where contract units are placed under the HAP contract in stages (on different dates) or
units are added by amendment. The anniversary and expiration dates for all units coincide with the dates
for the contract units that were originally placed under contract.
pg. 299
585
Administrative Plan Indian River County Housing Services Division
17-V.E. OWNER RESPONSIBILITIES UNDER THE HAP [24 CFR 983.210]
When the owner executes the HAP contract s/he certifies that at such execution and at all times during
the term of the HAP contract:
• All contract units are in good condition and the owner is maintaining the premises and contract units
in accordance with HQS;
• The owner is providing all services, maintenance, equipment and utilities as agreed to under the HAP
contract and the leases;
• Each contract unit for which the owner is receiving HAP, is leased to an eligible family referred by the
PHA, and the lease is in accordance with the HAP contract and HUD requirements;
• To the best of the owner's knowledge the family resides in the contract unit for which the owner is
receiving HAP, and the unit is the family's only residence;
• The owner (including a principal or other interested party) is not the spouse, parent, child,
grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit;
• The amount of the HAP the owner is receiving is correct under the HAP contract;
• The rent for contract units does not exceed rents charged by the owner for comparable unassisted
u n its;
• Except for HAP and tenant rent, the owner has not received and will not receive any other payment or
consideration for rental of the contract unit;
• The family does not own or have any interest in the contract unit (does not apply to family's
membership in a cooperative); and
• Repair work on the project selected as an existing project that is performed after HAP execution
within such post -execution period as specified by HUD may constitute development activity, and if
determined to be development activity, the repair work undertaken shall be in compliance with Davis -
Bacon wage requirements.
17-V.F. ADDITIONAL HAP REQUIREMENTS
Housing Quality and Design Requirements [24 CFR 983.101(e) and 983.208(a)]
The owner is required to maintain and operate the contract units and premises in accordance with HQS,
including performance of ordinary and extraordinary maintenance. The owner must provide all the
services, maintenance, equipment, and utilities specified in the HAP contract with the PHA and in the
lease with each assisted family. In addition, maintenance, replacement and redecoration must be in
accordance with the standard practice for the building as established by the owner.
The PHA may elect to establish additional requirements for quality, architecture, or design of PBV
housing. Any such additional requirements must be specified in the Agreement to enter into a HAP
contract and the HAP contract. These requirements must be in addition to, not in place of, compliance
with HQS.
IRCHD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Vacancy Payments [24 CFR 983.352(b)]
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner for a PHA -
determined period of vacancy extending from the beginning of the first calendar month after the move -out
month for a period not exceeding two full months following the move -out month. The amount of the
vacancy payment will be determined by the PHA and cannot exceed the monthly rent to owner under the
assisted lease, minus any portion of the rental payment received by the owner (including amounts
available from the tenant's security deposit).
pg. 300
586
Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
PART VI: SELECTION OF PBV PROGRAM PARTICIPANTS
17-VI.A. OVERVIEW
Many of the provisions of the tenant -based voucher regulations [24 CFR 982] also apply to the PBV
program. This includes requirements related to determining eligibility and selecting applicants from the
waiting list. Even with these similarities, there are requirements that are unique to the PBV program. This
part describes the requirements and policies related to eligibility and admission to the PBV program.
17-VI.B. ELIGIBILITY FOR PBV ASSISTANCE [24 CFR 983.251(a) and (b)]
The PHA may select families for the PBV program from those who are participants in the HCV tenant -
based voucher program and from those who have applied for admission to the voucher program. For
voucher participants, eligibility was determined at original admission to the voucher program and does not
need to be redetermined at the commencement of PBV assistance. For all others, eligibility for admission
must be determined at the commencement of PBV assistance.
Applicants for PBV assistance must meet the same eligibility requirements as applicants for the tenant -
based voucher program. Applicants must qualify as a family as defined by HUD and the PHA, have
income at or below HUD -specified income limits, and qualify on the basis of citizenship or the eligible
immigration status of family members [24 CFR 982,201(a) and 24 CFR 983.2(a)]. In addition, an applicant
family must provide social security information for family members [24 CFR 5.216 and 5.218] and consent
to the PHAs collection and use of family information regarding income, expenses, and family composition
[24 CFR 5.230]. The PHA may also not approve a tenancy if the owner (including a principal or other
interested party) of the unit is the parent, child, grandparent, grandchild, sister, or brother of any member
of the family, unless needed as a reasonable accommodation. An applicant family must also meet HUD
requirements related to current or past criminal activity.
IRCH Dof
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
In -Place Families [24 CFR 983.251(b)]
An eligible family residing in a proposed PBV contract unit on the date the proposal is selected by the
PHA is considered an "in-place family." These families are afforded protection from displacement under
the PBV rule. If a unit to be placed under contract (either an existing unit or a unit requiring rehabilitation)
is occupied by an eligible family on the date the proposal is selected, the in-place family must be placed
on the PHAs waiting list. Once the family's continued eligibility is determined (they may deny assistance
to an in-place family for the grounds specified in 24 CFR 982.552 and 982.553), the family must be given
an absolute selection preference and the PHA must refer these families to the project owner for an
appropriately sized PBV unit in the project. Admission of eligible in-place families is not subject to income
targeting requirements.
This regulatory protection from displacement does not apply to families that are not eligible to participate
in the program on the proposal selection date.
17-VI.C. ORGANIZATION OF THE WAITING LIST [24 CFR 983.251(c)]
The PHA may establish a separate waiting list for PBV units or it may use the same waiting list for both
tenant -based and PBV assistance. They may also merge the PBV waiting list with a waiting list for other
assisted housing programs offered by the PHA. If the PHA chooses to offer a separate waiting list for PBV
pg. 301
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Administrative Plan Indian River County Housing Services Division
assistance, the PHA must offer to place applicants who are listed on the tenant -based waiting list on the
waiting list for PBV assistance.
If a PHA decides to establish a separate PBV waiting list, the PHA may use a single waiting list for the
PHAs whole PBV program, or it may establish separate waiting lists for PBV units in particular projects or
buildings or for sets of such units.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-VI.D. SELECTION FROM THE WAITING LIST [24 CFR 983.251(c)]
Applicants who will occupy units with PBV assistance must be selected from the PHAs waiting list. The
PHA may establish selection criteria or preferences for occupancy of particular PBV units. The PHA may
place families referred by the PBV owner on its PBV waiting list.
Income Targeting [24 CFR 983.251(c)(6)]
At least 75 percent of the families admitted to the PHAs tenant -based and project -based voucher
programs during the fiscal year from the waiting list must be extremely -low income families. The income
targeting requirement applies to the total of admissions to both programs.
Units with Accessibility Features [24 CFR 983.251(c)(7)]
When selecting families to occupy PBV units that have special accessibility features for persons with
disabilities, the PHA must first refer families who require such features to the owner.
Preferences [24 CFR 983.251(d), FR Notice 11/24/08]
The PHA may use the same selection preferences that are used for the tenant -based voucher program,
establish selection criteria or preferences for the PBV program as a whole, or for occupancy of particular
PBV developments or units. The PHA must provide an absolute selection preference for eligible in-place
families as described in Section 17-VI.B. above.
The PHA may establish a selection preference for families who qualify for voluntary services, including
disability -specific services, offered in conjunction with assisted units, provided that preference is
consistent with the PHAAdmin plan. The PHA may not, however, grant a preference to a person with a
specific disability [FR Notice 1/18/17].
In advertising such a project, the owner may advertise the project as offering services for a particular type
of disability; however, the project must be open to all otherwise eligible disabled persons who may benefit
from services provided in the project. In these projects, disabled residents may not be required to accept
the particular services offered as a condition of occupancy.
If the PHA has projects with "excepted units" for elderly families or supportive services, they must give
preference to such families when referring families to these units [24 CFR 983.261(b); FR Notice
1/18/171.
f CHSD Polic
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
pg. 302
588
Administrative Plan Indian River County Housing Services Division
17-VI.E. OFFER OF PBV ASSISTANCE
Refusal of Offer [24 CFR 983.251(e)(3)]
The PHA is prohibited from taking any of the following actions against a family who has applied for,
received, or refused an offer of PBV assistance:
• Refuse to list the applicant on the waiting list for tenant -based voucher assistance;
• Deny any admission preference for which the applicant qualifies;
• Change the applicant's place on the waiting list based on preference, date, and time of application, or
other factors affecting selection under the PHAs selection policy;
• Remove the applicant from the tenant -based voucher waiting list.
Disapproval by Landlord [24 CFR 983.251(e)(2)]
If a PBV owner rejects a family for admission to the owner's units, such rejection may not affect the
family's position on the tenant -based voucher waiting list.
Acceptance of Offer [24 CFR 983.252]
Family Briefing
When a family accepts an offer for PBV assistance, the PHA must give the family an oral briefing. The
briefing must include information on how the program works and the responsibilities of the family and
owner. In addition to the oral briefing, the PHA must provide a briefing packet that explains how the PHA
determines the total tenant payment for a family, the family obligations under the program, and applicable
fair housing information.
Persons with Disabilities
If an applicant family's head or spouse is disabled, the PHA must assure effective communication, in
accordance with 24 CFR 8.6, in conducting the oral briefing and in providing the written information
packet. This may include making alternative formats available (see Chapter 2). In addition, the PHA must
have a mechanism for referring a family that includes a member with a mobility impairment to an
appropriate accessible PBV unit.
Persons with Limited English Proficiency
The PHA should take reasonable steps to assure meaningful access by persons with limited English
proficiency in accordance with Title VI of the Civil Rights Act of 1964 and Executive Order 13166 (see
Chapter 2).
17-VI.F. OWNER SELECTION OF TENANTS
The owner is responsible for developing written tenant selection procedures that are consistent with the
purpose of improving housing opportunities for very low-income families and reasonably related to
program eligibility and an applicant's ability to fulfill their obligations under the lease. An owner must
promptly notify in writing any rejected applicant of the grounds for any rejection [24 CFR 983.253(a)(2)
and (a)(3)].
Leasing [24 CFR 983.253(a)]
During the term of the HAP contract, the owner must lease contract units to eligible families that are
selected and referred by the PHA from their waiting list. The contract unit leased to the family must be the
appropriate size unit for the size of the family, based on the subsidy standards.
Filling Vacancies [24 CFR 983.254(a)]
The owner must promptly notify the PHA of any vacancy or expected vacancy in a contract unit. After
receiving such notice, the PHA must make every reasonable effort to promptly refer a sufficient number of
pg. 303
589
Administrative Plan
Indian River County Housing Services Division
families for the owner to fill such vacancies. The PHA and the owner must make reasonable efforts to
minimize the likelihood and length of any vacancy.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Reduction in HAP Contract Units Due to Vacancies [24 CFR 983.254(b)]
If any contract units have been vacant for 120 or more days since owner notice of the vacancy, the PHA
may give notice to the owner amending the HAP contract to reduce the number of contract units by
subtracting the number of contract units (according to the bedroom size) that have been vacant for this
period.
IRCHSD Policy
Does not apply to the IRCHSD. The. County does not administer or operate a project -based
voucher program.
17-VI.G. TENANT SCREENING [24 CFR 983.2551
PHA Responsibility
The PHA is not responsible or liable to the owner or any other person for the family's behavior or
suitability for tenancy. However, the PHA may opt to screen applicants for family behavior or suitability for
tenancy and may deny applicants based on such screening.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
The PHA must provide the owner with an applicant family's current and prior address (as shown in PHA
records) and the name and address (if known by the PHA) of the family's current landlord and any prior
landlords.
In addition, the PHA may offer the owner other information the PHA may have about a family, including
information about the tenancy history of family members or about drug trafficking and criminal activity by
family members. The PHA must provide applicant families a description of the PHA policy on providing
information to owners, and the PHA must give the same types of information to all owners.
The PHA may not disclose to the owner any confidential information provided in response to a request for
documentation of domestic violence, dating violence, sexual assault, or stalking except at the
written request or with the written consent of the individual providing the documentation [24 CFR
5.2007(a)(4)].
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Owner Responsibility
The owner is responsible for screening and selection of the family to occupy the owner's unit. When
screening families the owner may consider a family's background with respect to the following factors:
Payment of rent and utility bills;
Caring for a unit and premises;
Respecting the rights of other residents to the peaceful enjoyment of their housing;
pg. 304
590
Administrative Plan
Indian River County Housing Services Division
• Drug-related criminal activity or other criminal activity that is a threat to the health, safety, or property
of others; and
• Compliance with other essential conditions of tenancy.
PART VII: OCCUPANCY
17-VII.A. OVERVIEW
After an applicant has been selected from the waiting list, determined eligible by the PHA, referred to an
owner and determined suitable by the owner, the family will sign the lease and occupancy of the unit will
begin.
17-VII.B. LEASE [24 CFR 983.256]
The tenant must have legal capacity to enter a lease under state and local law. Legal capacity means that
the tenant is bound by the terms of the lease and may enforce the terms of the lease against the owner.
Form of Lease [24 CFR 983.256(b)]
The tenant and the owner must enter into a written lease agreement that is signed by both parties. If an
owner uses a standard lease form for rental units to unassisted tenants in the locality or premises, the
same lease must be used for assisted tenants, except that the lease must include a HUD -required
tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD.
If the owner does not use a standard lease form for rental to unassisted tenants, the owner may use
another form of lease, such as a PHA model lease.
The PHA may review the owner's lease form to determine if the lease complies with state and local law. If
the PHA determines that the lease does not comply with state or local law, the PHA may decline to
approve the tenancy.
IRCHSD Poii
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Lease Requirements [24 CFR 983.256(c)]
The lease for a PBV unit must specify all of the following information:
• The names of the owner and the tenant;
• The unit rented (address, apartment number, if any, and any other information needed to identify the
leased contract unit);
• The term of the lease (initial term and any provision for renewal);
• The amount of the tenant rent to owner, which is subject to change during the term of the lease in
accordance with HUD requirements;
• A specification of the services, maintenance, equipment, and utilities that will be provide by the
owner; and
• The amount of any charges for food, furniture, or supportive services.
Tenancy Addendum [24 CFR 983.256(d)]
The tenancy addendum in the lease must state:
• The program tenancy requirements;
• The composition of the household as approved by the PHA (the names of family members and any
PHA -approved live-in aide);
pg. 305
591
Administrative Plan Indian River County Housing Services Division
• All provisions in the HUD -required tenancy addendum must be included in the lease. The terms of the
tenancy addendum prevail over other provisions of the lease.
Initial Term and Lease Renewal [24 CFR 983.256(f)]
The initial lease term must be for at least one year. The lease must provide for automatic renewal after the
initial term of the lease in either successive definitive terms (e.g. month-to-month or year-to-year) or an
automatic indefinite extension of the lease term. For automatic indefinite extension of the lease term, the
lease terminates if any of the following occur:
• The owner terminates the lease for good cause
• The tenant terminates the lease
• The owner and tenant agree to terminate the lease
• The PHA terminates the HAP contract
• The PHA terminates assistance for the family
Changes in the Lease [24 CFR 983.256(e)]
If the tenant and owner agree to any change in the lease, the change must be in writing, and the owner
must immediately give the PHA a copy of all changes.
The owner must notify the PHA in advance of any proposed change in the lease regarding the allocation
of tenants and owner responsibilities for utilities. Such changes may only be made if approved by the PHA
and in accordance with the terms of the lease relating to its amendment. The PHA must re -determine
reasonable rent, in accordance with program requirements, based on any change in the allocation of the
responsibility for utilities between the owner and the tenant. The redetermined reasonable rent will be
used in calculation of the rent to owner from the effective date of the change.
Owner Termination of Tenancy [24 CFR 983.257]
With two exceptions, the owner of a PBV unit may terminate tenancy for the same reasons an owner may
in the tenant -based voucher program (see Section 12-III.B. and 24 CFR 982.310). In the PBV program,
terminating tenancy for "good cause" does not include doing so for a business or economic reason, or a
desire to use the unit for personal or family use or other non-residential purpose.
Tenant Absence from the Unit (24 CFR 983.256(g) and 982.312(a)]
The lease may specify a maximum period of family absence from the unit that may be shorter than the
maximum period permitted by PHAAdmin policy. According to program requirements, the family's
assistance must be terminated if they are absent from the unit for more than 180 consecutive days.
PHA termination of assistance actions due to family absence from the unit are subject to 24 CFR 981.312,
except that the unit is not terminated from the HAP contract if the family is absent for longer than the
maximum period permitted.
Continuation of Housing Assistance Payments [24 CFR 982.258]
Housing assistance payments shall continue until the tenant rent equals the rent to owner. The cessation
of housing assistance payments at such point will not affect the family's other rights under its lease, nor
will such cessation preclude the resumption of payments as a result of later changes in income, rents, or
other relevant circumstances if such changes occur within 180 days following the date of the last housing
assistance payment by the PHA. After the 180 -day period, the unit shall be removed from the HAP
contract pursuant to 24 CFR 983.211.
pg. 306
592
Administrative Plan Indian River County Housing Services Division
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Security Deposits [24 CFR 983.259]
The owner may collect a security deposit from the tenant. The PHA may prohibit security deposits in
excess of private market practice, or in excess of amounts charged by the owner to unassisted tenants.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
When the tenant moves out of a contract unit, the owner, subject to state and local law, may use the
security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for
any unpaid tenant rent, damages to the unit, or other amounts owed by the tenant under the lease.
The owner must give the tenant a written list of all items charged against the security deposit and the
amount of each item. After deducting the amount used to reimburse the owner, the owner must promptly
refund the full amount of the balance to the tenant.
If the security deposit does not cover the amount owed by the tenant under the lease, the owner may
seek to collect the balance from the tenant. The PHA has no liability or responsibility for payment of any
amount owed by the family to the owner.
17-VII.C. MOVES
Overcrowded, Under -Occupied, and Accessible Units [24 CFR 983.260]
If the PHA determines that a family is occupying a wrong size unit, based on the PHAs subsidy standards,
or a unit with accessibility features that the family does not require, and the unit is needed by a family that
does require the features, they must promptly notify the family and the owner of this determination, and
they must offer the family the opportunity to receive continued housing assistance in another unit.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
If the PHA offers the family a tenant -based voucher, they must terminate the housing assistance
payments for a wrong -sized or accessible unit at the earlier of the expiration of the term of the family's
voucher (including any extension granted) or the date upon which the family vacates the unit. If the family
does not move out of the wrong -sized unit or accessible unit by the expiration of the term of the family's
voucher, the PHA must remove the unit from the HAP contract.
If the PHA offers the family another form of assistance that is not a tenant -based voucher, and the family
does not accept the offer, does not move out of the PBV unit within a reasonable time as determined by
the PHA, or both, they must terminate the housing assistance payments for the unit at the expiration of a
reasonable period as determined by the PHA and remove the unit from the HAP contract.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Family Right to Move [24 CFR 983.261]
The family may terminate the lease at any time after the first year of occupancy. The family must give
advance written notice to the owner in accordance with the lease and provide a copy of such notice to the
pg. 307
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Administrative Plan Indian River County Housing Services Division
PHA. If the family wishes to move with continued tenant -based assistance, the family must contact the
PHA to request the rental assistance prior to providing notice to terminate the lease.
If the family terminates the lease in accordance with these requirements, the PHA is required to offer the
family the opportunity for continued tenant -based assistance, in the form of a voucher or other
comparable tenant -based rental assistance. If voucher or other comparable tenant -based assistance is
not immediately available upon termination of the family's lease in the PBV unit, the PHA must give the
family priority to receive the next available opportunity for continued tenant -based assistance.
If the family terminates the assisted lease before the end of the first year, the family relinquishes the
opportunity for continued tenant -based assistance.
Emergency Transfers under VAWA [Notice PIH 2017-08]
Except where special consideration is needed for the project -based voucher program, the PHA will follow
VAWA policies as outlined in Chapter 16 Part IX of this administrative plan, including using the Emergency
Transfer Plan as the basis for PBV transfers under VAWA (Exhibit 16-4).
HUD requires that the PHA include policies that address when a victim has been living in a unit for less
than a year or when a victim seeks to move sooner than a tenant -based voucher is available.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-VII.D. EXCEPTIONS TO THE OCCUPANCY CAP [24 CFR 983.262]
As of April 17, 2018, the PHA may not pay housing assistance under a PBV HAP contract for more than
the greater of 25 units or 25 percent of the number of dwelling units in a project unless:
• The units are exclusively for elderly families
• The units are for households eligible for supportive services available to all families receiving PBV
assistance in the project
If the project is located in a census tract with a poverty rate of 20 percent or less, as determined in the
most recent American Community Survey Five -Year estimates, the project cap is the greater of 25 units
or 40 percent (instead of 25 percent) of the units in the project [FR Notice 7/14/17].
If a family at the time of initial tenancy is receiving and while the resident of an excepted unit has received
Family Self -Sufficiency (FSS) supportive services or any other service as defined by the PHA and
successfully completes the FSS contract of participation or the supportive services requirement, the unit
continues to count as an excepted unit for as long as the family resides in the unit. However, if the FSS
family fails to successfully complete the FSS contract of participation or supportive services objective and
consequently is no longer eligible for the supportive services, the family must vacate the unit within a
reasonable period of time established by the PHA, and the PHA shall cease paying HAP on behalf of the
family.
Further, when a family (or remaining members of a family) residing in an excepted unit no longer meets
the criteria for a "qualifying family" because the family is no longer an elderly family due to a change in
family composition, the PHA has the discretion to allow the family to remain in the excepted unit. If the
PHA does not exercise this discretion, the family must vacate the unit within a reasonable period of time
established by the PHA, and the PHA must cease paying housing assistance payments on behalf of the
non -qualifying family.
Individuals in units with supportive services who choose to no longer participate in a service or who no
longer qualify for services they qualified for at the time of initial occupancy cannot subsequently be denied
pg. 308
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Administrative Plan
Indian River County Housing Services Division
continued housing opportunity because of this changed circumstance. A PHA or owner cannot determine
whether a participant's needs exceed the level of care offered by qualifying services or require that
individuals be transitioned to different projects based on service needs.
If the family fails to vacate the unit within the established time, the unit must be removed from the HAP
contract unless the project is partially assisted, and it is possible for the HAP contract to be amended to
substitute a different unit in the building in accordance with program requirements; or the owner
terminates the lease and evicts the family. The housing assistance payments for a family residing in an
excepted unit that is not in compliance with its family obligations to comply with supportive services
requirements must be terminated by the PHA.
The PHA may allow a family that initially qualified for occupancy of an excepted unit based on elderly
family status to continue to reside in a unit, where through circumstances beyond the control of the family
(e.g., death of the elderly family member or long-term or permanent hospitalization or nursing care), the
elderly family member no longer resides in the unit. In this case, the unit may continue to be counted as
an excepted unit for as long as the family resides in that unit. Once the family vacates the unit, in order to
continue as an excepted unit under the HAP contract, the unit must be made available to and occupied by
a qualified family.
IRCHSD Polis
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
PART VIII: DETERMINING RENT TO OWNER
17-VIII.A. OVERVIEW
The amount of the initial rent to an owner of units receiving PBV assistance is established at the
beginning of the HAP contract term. Although for rehabilitated or newly constructed housing, the
agreement to enter into HAP Contract (Agreement) states the estimated amount of the initial rent to
owner, the actual amount of the initial rent to owner is established at the beginning of the HAP contract
term.
During the term of the HAP contract, the rent to owner is redetermined at the owner's request in
accordance with program requirements, and at such time that there is a five percent or greater decrease
in the published FMR.
17-VIII.B. RENT LIMITS [24 CFR 983.301]
Except for certain tax credit units (discussed below), the rent to owner must not exceed the lowest of the
following amounts:
• An amount determined by the PHA, not to exceed 110 percent of the applicable fair market rent (or
any HUD -approved exception payment standard) for the unit bedroom size minus any utility
allowance;
• The reasonable rent; or
• The rent requested by the owner.
Certain Tax Credit Units [24 CFR 983.301(c)]
For certain tax credit units, the rent limits are determined differently than for other PBV units. Different
limits apply to contract units that meet all of the following criteria:
• The contract unit receives a low-income housing tax credit under the Internal Revenue Code of 1986;
• The contract unit is not located in a qualified census tract;
pg. 309
595
Administrative Plan Indian River County Housing Services Division
• There are comparable tax credit units of the same bedroom size as the contract unit in the same
project, and the comparable tax credit units do not have any form of rental assistance other than the
tax credit; and
• The tax credit rent exceeds 110 percent of the fair market rent or any approved exception payment
standard.
For contract units that meet all of these criteria, the rent to owner must not exceed the lowest of:
• The tax credit rent minus any utility allowance;
• The reasonable rent; or
• The rent requested by the owner.
Definitions
A qualified census tract is any census tract (or equivalent geographic area defined by the Bureau of the
Census) in which at least 50 percent of households have an income of less than 60 percent of Area
Median Gross Income (AMGI), or where the poverty rate is at least 25 percent and where the census tract
is designated as a qualified census tract by HUD.
Tax credit rent is the rent charged for comparable units of the same bedroom size in the project that also
receive the low-income housing tax credit but do not have any additional rental assistance (e.g., tenant -
based voucher assistance).
Reasonable Rent [24 CFR 983.301(e) and 983.302(c)(2)]
The PHA must determine reasonable rent in accordable with 24 CFR 983.303. The rent to owner for each
contract unit may at no time exceed the reasonable rent, except in cases where the PHA has elected
within the HAP contract not to reduce rents below the initial rent to owner and, upon redetermination of
the rent to owner, the reasonable rent would result in a rent below the initial rent. However, the rent to
owner must be reduced in the following cases:
• To correct errors in calculations in accordable with HUD requirements
• If additional housing assistance has been combined with PBV assistance after the execution of the
initial HAP contract and a rent decrease is required pursuant to 24 CFR 983.55
• If a decrease in rent to owner is required based on changes in the allocation of the responsibility for
utilities between owner and tenant
If the PHA has not elected within the HAP contract to establish the initial rent to owner as the rent floor,
the rent to owner shall not at any time exceed the reasonable rent.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Use of FMRs, Exception Payment Standards, and Utility Allowances [24 CFR
983.301(f)]
When determining the initial rent to owner, the PHA must use the most recently published FMR in effect
and the utility allowance schedule in effect at execution of the HAP contract. When redetermining the rent
to owner, the PHA must use the most recently published FMR and the utility allowance schedule in effect
at the time of redetermination. At its discretion, the PHA may for initial rent, use the amounts in effect at
any time during the 30 -day period immediately before the beginning date of the HAP contract, or for
redeterminations of rent, the 30 -day period immediately before the redetermination date.
pg. 310
596
Administrative Plan Indian River County Housing Services Division
Any HUD -approved exception payment standard amount under the tenant -based voucher program also
applies to the project -based voucher program. HUD will not approve a different exception payment stand
amount for use in the PBV program.
Likewise, the PHA may not establish or apply different utility allowance amounts for the PBV program.
The same utility allowance schedule applies to both the tenant -based and project -based voucher
programs.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Use of Small Area FMRs (SAFMRs) [24 CFR 888.113(h)]
While small area FMRs (SAFMRs) do not apply to PBV projects, PHAs that operate a tenant -based
program under SAFMRs may apply SAFMRs to all future PBV HAP contracts. If the PHA adopts this
policy, it must apply to all future PBV projects and the PHAs entire jurisdiction. The Agency and owner
may not subsequently choose to revert back to using the FMRs once the SAFMRs have been adopted,
even if the Agency subsequently changes its policy.
Further, the PHA may apply SAFMRs to current PBV projects where the notice of owner selection was
made on or before the effective date of PHA implementation, provided the owner is willing to mutually
agree to doing so and the application is prospective. The PHA and owner may not subsequently choose
to revert back to use of the FMRs once the SAFMRs have been adopted, even if the PHA subsequently
changes its policy. If rents increase as a result of the use of SAFMRs, the rent increase may not be
effective until the first anniversary of the HAP contract.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
Redetermination of Rent [24 CFR 983.302]
The PHA must re -determine the rent to owner upon the owner's request or when there is a 10 percent or
greater decrease in the published FMR.
Rent Increase
If an owner wishes to request an increase in the rent to owner from the PHA, it must be requested at the
annual anniversary of the HAP contract (see Section 17-V.D.). The request must be in writing and in the
form and manner required by the PHA. The PHA may only make rent increases in accordance with the
rent limits described previously. There are no provisions in the PBV program for special adjustments (e.g.,
adjustments that reflect increases in the actual and necessary expenses of owning and maintaining the
units which have resulted from substantial general increases in real property taxes, utility rates, or similar
costs).
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
The PHA may not approve, and the owner may not receive any increase of rent to owner until, and unless
the owner has complied with requirements of the HAP contract, including compliance with HQS..The
owner may not receive any retroactive increase of rent for any period of noncompliance.
Rent Decrease
If there is a decrease in the rent to owner, as established in accordance with program requirements such
as a change in the FMR or exception payment standard, or reasonable rent amount, the rent to owner
must be decreased regardless of whether the owner requested a rent adjustment, except where the PHA
pg. 311
597
Administrative Plan Indian River County housing Services Division
has elected within the HAP contract to not reduce rents below the initial rent under the initial HAP
contract.
Notice of Rent Change
The rent to owner is redetermined by written notice by the PHA to the owner specifying the amount of the
redetermined rent. The PHA notice of rent adjustment constitutes an amendment of the rent to owner
specified in the HAP contract. The adjusted amount of rent to owner applies for the period of 12 calendar
months from the annual anniversary of the HAP contract.
IRCHSD Poiic
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
PHA -Owned Units [24 CFR 983.301(g)]
For PHA -owned PBV units, the initial rent to owner and the annual redetermination of rent at the
anniversary of the HAP contract are determined by the independent entity approved by HUD. The PHA
must use the rent to owner established by the independent entity.
17-VIII.C. REASONABLE RENT [24 CFR 983.303]
At the time the initial rent is established and all times during the term of the HAP contract, the rent to
owner for a contract unit may not exceed the reasonable rent for the unit as determined by the PHA,
except where the PHA has elected within the HAP contract to not reduce rents below the initial rent under
the initial HAP contract.
When Rent Reasonable Determinations Are Required
The PHA must re -determine the reasonable rent for a unit receiving PBV assistance whenever any of the
following occur:
• There is a 10 percent or greater decrease in the published FMR in effect 60 days before the contract
anniversary (for the unit sizes specified in the HAP contract) as compared with the FMR that was in
effect one year before the contract anniversary date;
• The PHA approves a change in the allocation of responsibility for utilities between the owner and the
tenant;
• The HAP contract is amended to substitute a different contract unit in the same building or project; or
• There is no other change that may substantially affect the reasonable rent.
How to Determine Reasonable Rent
The reasonable rent of a unit receiving PBV assistance must be determined by comparison to rent for
other comparable unassisted units. When making this determination, the PHA must consider factors that
affect market rent. Such factors include the location, quality, size, type and age of the unit, as well as the
amenities, housing services maintenance, and utilities to be provided by the owner.
Comparability Analysis
For each unit, the comparability analysis must use at least three comparable units in the private
unassisted market. This may include units in the premises or projects that is receiving project -based
assistance. The analysis must show how the reasonable rent was determined, including major differences
between the contract units and comparable unassisted units, and must be retained by the PHA. The
comparability analysis may be performed by PHA staff or by another qualified person or entity. Those who
conduct these analyses or are involved in determining the housing assistance payment based on the
analysis may not have any direct or indirect interest in the property.
pg. 312
598
Administrative Plan Indian River County Housing Services Division
PHA -Owned Units
For PHA -owned units, the amount of the reasonable rent must be determined by an independent agency
approved by HUD in accordance with PBV program requirements. The independent entity must provide a
copy of the determination of reasonable rent for PHA -owned units to the PHA and to the HUD field office
where the project is located.
Owner Certification of Reasonable Rent
By accepting each monthly housing assistance payment, the owner certifies that the rent to owner is not
more than rent charged by the owner for other comparable unassisted units on the premises. At any time,
the PHA may require the owner to submit information on rents charged by the owner for other units in the
premises or elsewhere.
17-VIII.D. EFFECT OF OTHER SUBSIDY AND RENT CONTROL
In addition to the rent limits discussed in Section 17-VIII.B above, other restrictions may limit the amount
of rent to owner in a PBV unit. In addition, certain types of subsidized housing are not even eligible to
receive PBV assistance (see Section 17-II.D).
Other Subsidy [24 CFR 983.304]
To comply with HUD subsidy layering requirements, at the discretion of HUD or its designee, a PHA shall
reduce the rent to owner because of other governmental subsidies, including tax credits or tax
exemptions, grants, or other subsidized funding.
For units receiving assistance under the HOME program, rents may not exceed rent limits as required by
that program.
For units in any of the following types of federally subsidized projects, the rent to owner may not exceed
the subsidized rent (basic rent) or tax credit rent as determined in accordance with requirements for the
applicable federal program:
• An insured or non-insured Section 236 project;
• A formerly insured or non-insured Section 236 project that continues to receive Interest Reduction
Payment following a decoupling action;
• A Section 221(d)(3) below market interest rate (BMIR) project;
• A Section 515 project of the Rural Housing Service;
• Any other type of federally subsidized project specified by HUD.
Combining Subsidy
Rent to owner may not exceed any limitation required to comply with HUD subsidy layering requirements.
Rent Control [24 CFR 983.305]
In addition to the rent limits set by PBV program regulations, the amount of rent to owner may also be
subject to rent control or other limits under local, state, or federal law.
PART IX: PAYMENTS TO OWNER
17-IX.A. HOUSING ASSISTANCE PAYMENTS [24 CFR 983.3511
During the term of the HAP contract, the PHA must make housing assistance payments to the owner in
accordance with the terms of the HAP contract. During the term of the HAP contract, payments must be
made for each month that a contract unit complies with HQS and is leased to and occupied by an eligible
family. The housing assistance payment must be paid to the owner on or about the first day of the month
for which payment is due, unless the owner and the PHA agree on a later date.
pg. 313
599
Administrative Plan Indian River County Housing Services Division
Except for discretionary vacancy payments, the PHA may not make any housing assistance payment to
the owner for any month after the month when the family moves out of the unit (even if household goods
or property are left in the unit).
The amount of the housing assistance payment by the PHA is the rent to owner minus the tenant rent
(total tenant payment minus the utility allowance).
In order to receive housing assistance payments, the owner must comply with all provisions of the HAP
contract. Unless the owner complies with all provisions of the HAP contract, the owner does not have a
right to receive housing assistance payments.
17-IX.B. VACANCY PAYMENTS [24 CFR 983.3521
If an assisted family moves out of the unit, the owner may keep the housing assistance payment for the
calendar month when the family moves out. However, the owner may not keep the payment if the PHA
determines that the vacancy is the owner's fault.
IRCHSD Polio
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
At the discretion of the PHA, the HAP contract may provide for vacancy payments to the owner. The PHA
may only make vacancy payments if:
• The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and
identifies the date when the family moved out (to the best of the owner's knowledge);
• The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during
the period for which payment is claimed;
• The owner certifies that it has taken every reasonable action to minimize the likelihood and length of
vacancy; and
• The owner provides any additional information required and requested by the PHA to verify that the
owner is entitled to the vacancy payment.
The owner must submit a request for vacancy payments in the form and manner required by the PHA and
must provide any information or substantiation required by the PHA to determine the amount of any
vacancy payment.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-IX.C. TENANT RENT TO OWNER [24 CFR 983.353]
The tenant rent is the portion of the rent to owner paid by the family. The amount of tenant rent is
determined by the PHA in accordance with HUD requirements. Any changes in the amount of tenant rent
will be effective on the date stated in the PHA notice to the family and owner.
The family is responsible for paying the tenant rent (total tenant payment minus the utility allowance). The
amount of the tenant rent determined by the PHA is the maximum amount the owner may charge the
family for rental of a contract unit. The tenant rent covers all housing services, maintenance, equipment,
and utilities to be provided by the owner. The owner may not demand or accept any rent payment from
the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any
excess payment to the tenant.
pg. 314
600
Administrative Plan Indian River County Housing Services Division
Tenant and PHA Responsibilities
The family is not responsible for the portion of rent to owner that is covered by the housing assistance
payment and the owner may not terminate the tenancy of an assisted family for nonpayment by the PHA.
Likewise, the PHA is responsible only for making the housing assistance payment to the owner in
accordance with the HAP contract. The PHA is not responsible for paying tenant rent, or any other claim
by the owner, including damage to the unit. The PHA may not use housing assistance payments or other
program funds (including administrative fee reserves) to pay any part of the tenant rent or other claim by
the owner.
Utility Reimbursements
If the amount of the utility allowance exceeds the total tenant payment, the PHA must pay the amount of
such excess to the tenant as a reimbursement for tenant -paid utilities, and the tenant rent to the owner
must be zero.
The PHA may pay the utility reimbursement directly to the family or to the utility supplier on behalf of the
family. If the PHA chooses to pay the utility supplier directly, the PHA must notify the family of the amount
paid to the utility supplier.
IRCHSD Policy
Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
17-IX.D. OTHER FEES AND CHARGES [24 CFR 983.354]
Meals and Supportive Services
With the exception of PBV assistance in assisted living developments, the owner may not require the
tenant to pay charges for meals or supportive services. Non-payment of such charges is not grounds for
termination of tenancy.
In assisted living developments receiving PBV assistance, the owner may charge meals or supportive
services. These charges may not be included in the rent to owner, nor may the value of meals and
supportive services be included in the calculation of the reasonable rent. However, non-payment of such
charges is grounds for termination of the lease by the owner in an assisted living development.
Other Charges by Owner
The owner may not charge extra amounts for items customarily included in rent in the locality or provided
at no additional cost to unsubsidized tenants on the premises.
pg. 315
601
Administrative Plan Indian River County Housing Services Division
EXHIBIT 17-1: PBV DEVELOPMENT INFORMATION
Does not apply to the IRCHSD. The County does not administer or operate a project -based voucher
program.
Date: Does not apply to the IRCHSD. The County does not administer or operate a project -based
voucher program.
DEVELOPMENT INFORMATION
Development Name: [Insert name of PBV development]
Address: [Insert full address of PBV development]
Owner Information: [Insert PBV development owner name and contact information. If development is
PHA -owned, enter "PHA -owned."]
Property Management Company: [Insert property management company name and contact
information, or enter "None"]
PHA -Owned: [Enter "Yes" or "No." If yes, enter name of independent entity]
Mixed Finance Development: [Enter "Yes" or "No." If yes, list other types of funding and units to
which other funding applies.]
HAP CONTRACT
Effective Date of Contract: [Enter start date of HAP contract]
HOTMA Requirements: [If HAP contract was signed prior to April 18, 2017, enter "Pre-HOTMA." If
HAP contract was signed on or after April 18, 2017, enter "Post-HOTMA."]
Term of HAP Contract: [Enter term from HAP contract]
Expiration Date of Contract: [Enter expiration date from HAP contract]
PBV UNITS
pg. 316
602
0 BR
1 BR
2 BR
3 BR
4 BR
5 BR Total
# of Units
Initial
Contract
$
$
$
:IN
Rent
pg. 316
602
Administrative Plan Indian River County Housing Services Division
Accessible Units and Features: [Identify which units are accessible and describe accessibility
features or enter "None"]
Target Population: [Describe targeted population in accordance with HAP contract or enter "None"]
Excepted Units: [Identify excepted unit types below or enter "None"]
Supportive Services: [Enter "Yes, see Exhibit D of HAP Contract' or enter "No"]
Elderly Units: [Enter "Yes" or "No." If yes, identify which units are elderly units.]
Disabled Units (only for HAP contracts executed prior to April 18, 2017) [Enter "Yes" or "No." If yes,
identify which units are for persons with disabilities.]
Are units excepted because they are located in a low -poverty census tract area?: [Enter
"Yes" or "No"]
WAITING LIST AND SELECTION
Waiting List Type: [ Enter "Site-based waiting list," "Combined with HCV," "Waiting list for entire PBV
program," or "Merged with another assisted housing program"]
Preferences: [Enter "Same as HCV; see Chapter 4" or describe preferences offered. If different from
HCV, also note in Section 17.1.13 of this policy.]
Preference Verification: [Enter "Same as HCV; see Chapter 4" or describe for each preference listed
above. If different from HCV, note in Section 17.1.B of this policy.]
For the PBV program, is the income limit the same as the HCV program? (Note: In mixed
finance developments, other income limits may also apply.) [Enter "Same as HCV; see Chapter 3" or
clearly describe. If different from HCV, note in Section 17.1.13 of this policy.]
OCCUPANCY
Subsidy Standards: [Enter "Same as HCV; see Chapter 5" or describe. If different from HCV, note in
Section 17.1.13 of this policy]
Utilities: [Enter in accordance with HAP contract Exhibit C]
Vacancy Payments: [Enter in accordance with HAP contract Part 1, e, 2 and Section 17-V.F. within this
chapter]
pg. 317
603
Administrative Plan Indian River County Housing Services Division
Chapter 18: Emergency Housing Vouchers (EHVs)
Introduction
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (ARP) (P.L. 117-2).
Section 3202 of the ARP appropriated $5 billion for the creation, administration, and renewal of new
incremental emergency housing vouchers (EHVs) and other eligible expenses related to COVID-19.
On May 5, 2021, HUD issued Notice PIH 2021-15, which described HUD's process for allocating
approximately 70,000 EHVs to eligible PHAs and set forth the operating requirements for PHAs who
administer them. Based on criteria outlined in the notice, HUD notified eligible PHAs of the number of
EHVs allocated to their agency, and PHAs were able to accept or decline the invitation to participate in
the program.
PHAs may not project -base EHVs; EHVs are exclusively tenant -based assistance.
All applicable nondiscrimination and equal opportunity requirements apply to the EHV program,
including requirements that the PHA grant reasonable accommodations to persons with disabilities,
effectively communicate with persons with disabilities, and ensure meaningful access for persons with
limited English proficiency (LEP).
This chapter describes HUD regulations and PHA policies for administering EHVs. The policies outlined in
this chapter are organized into seven sections, as follows:
PART I: FUNDING
PART II: PARTNERING AGENCIES
PART III: WAITING LIST MANAGEMENT
PART IV: FAMILY ELIGIBILITY
PART V: HOUSING SEARCH AND LEASING
ART VI: USE OF FUNDS, REPORTING, AND FINANCIAL RECORDS
Except as addressed by this chapter and as required under federal statute and HUD requirements, the
general requirements of the PHA program apply to EHVs.
Part I: FUNDING
18-1 A. OVERVIEW
The American Rescue Plan Act of 2021 (ARP) provides administrative fees and funding for the costs of
administering emergency housing vouchers (EHVs) and other eligible expenses defined in Notice PIH
2021-15. These fees may only be used for EHV administration and other eligible expenses and must not
be used for or applied to other PHA programs or vouchers. The PHA must maintain separate financial
records from its regular HCV funding for all EHV funding.
Housing Assistance Payments (HAP) Funding
ARP funding obligated to the PHA as housing assistance payments (HAP) funding may only be used for
eligible EHV HAP expenses (i.e., rental assistance payments). EHV HAP funding may not be used for
EHV administrative expenses or for the eligible uses under the EHV services fee.
The initial funding term will expire December 31, 2022. HUD will provide renewal funding to the PHA for
the EHVs on a calendar year (CY) basis commencing with CY 2023. The renewal funding allocation will
be based on the PHA's actual EHV HAP costs in leasing, similar to the renewal process for the regular
pg. 318
604
Administrative Plan
Indian River County Housing Services Division
HCV program. EHV renewal funding is not part of the annual HCV renewal funding formula; EHVs are
renewed separately from the regular HCV program. All renewal funding for the duration of the EHV
program has been appropriated as part of the ARP funding.
Administrative Fee and Funding
The following four types of fees and funding are allocated as part of the EHV program:
• Preliminary fees support immediate start-up costs that the PHA will incur in implementing
alternative requirements under EHV, such as outreach and coordination with partnering agencies:
o $400 per EHV allocated to the PHA, once the consolidated annual contributions contract
(CACC) is amended.
o This fee may be used for any eligible administrative expenses related to EHVs.
o The fee may also be used to pay for any eligible activities under EHV service fees (18-I.
B).
• Placement fees/expedited issuance reporting fees will support initial lease -up costs and the
added cost and effort required to expedite leasing of EHVs:
o $100 for each EHV initially leased, if the PHA reports the voucher issuance date in Public
Housing Information Center—Next Generation (PIC—NG) system within 14 days of
voucher issuance or the date the system becomes available for reporting.
o Placement fees:
• $500 for each EHV family placed under a HAP contract effective within four
months of the effective date of the ACC funding increment; or
• $250 for each EHV family placed under a HAP contract effective after four
months but less than six months after the effective date of the ACC
funding increment.
• HUD will determine placement fees in the event of multiple EHV allocations and
funding increment effective dates.
o Placement/expedited issuance fees only apply to the initial leasing of the voucher; they
are not paid for family moves or to turnover vouchers.
• Ongoing administrative fees, which are calculated in the same way as the standard HCV
program:
o PHAs are allocated administrative fees using the full column A administrative fee amount
for each EHV under contract as of the first day of each month.
o Ongoing EHV administrative fees may be subject to proration in future years, based on
available EHV funding.
• Services fees, which are a one-time fee to support PHAs' efforts to implement and :0!*Wh a an
effective EHV services program in its jurisdiction (18-I. B):
o The fee is allocated once the PHA's CACC is amended to reflect EHV funding.
o The amount allocated is $3,500 for each EHV allocated.
18-1 B. SERVICE FEES
Services fee funding must be initially used for defined eligible uses and not for other administrative
expenses of operating the EHV program. Service fees fall into four categories:
• Housing search assistance
pg. 319
605
Administrative Plan Indian River County Housing Services Division
• Security deposit/utility deposit/rental application/holding fee uses
• Owner -related uses
• Other eligible uses such as moving expenses or tenant -readiness services
The PHA must establish the eligible uses and the parameters and requirements for service fees in the
PHA's administrative plan.
IRCHSD Policy
The eligible uses for service fees include:
Housing search assistance, which may include activities such as, but not limited to, helping a
family identify and visit potentially available units during their housing search, helping to find a
unit that meets the household's disability -related needs, providing transportation and directions,
assisting with the completion of rental applications and PHA forms, and helping to expedite the
EHV leasing process for the family.
Application fees/non-refundable administrative or processing fees/refundable application
deposit assistance. IRCHSD may choose to assist the family with some or all these expenses.
Holding fees are fees an owner requests that are rolled into the security deposit after an
application is accepted but before a lease is signed. IRCHSD may cover part or all of the holding
fee for units where the fee is required by the owner after a tenant's application has been accepted
but before the lease signing. IRCHSD and owner must agree how the holding fee gets rolled into
the deposit, and under what conditions the fee will be returned. In general, owners need to accept
responsibility for making needed repairs to a unit required by the initial housing quality standards
(HQS) inspections and can only keep the holding fee if the client is at fault for not entering into a
lease.
Security deposit assistance. The amount of the security deposit assistance may not exceed the
lesser of two months' rent to owner, the maximum security deposit allowed under applicable state
and/or local law, or the actual security deposit required by the owner. IRCHSD will pay the
security deposit assistance directly to the owner.
Utility deposit assistance/utility arrears. IRCHSD may provide utility deposit assistance for some
or all of the family's utility deposit expenses. Assistance can be provided for deposits (including
connection fees) required for the utilities to be supplied by the tenant under the lease. IRCHSD will
pay the utility deposit assistance directly to the utility company. IRCHSD will require the utility
supplier or family to return the utility deposit assistance to IRCHSD at such time the deposit is
returned by the utility supplier (less any amounts retained by the utility supplier). In addition, some
families may have large balances with gas, electricity, water, sewer, or trash companies that will
make it difficult if not impossible to establish services for tenant -supplied utilities. IRCHSD may also
provide the family with assistance to help address these utility arrears to facilitate leasing. Utility
deposit assistance returned to IRCHSD will be used for either services fee eligible uses or other
EHV administrative costs, as required by HUD.
Owner recruitment and outreach for EHVs. IRCHSD may use the service fee funding to
conduct owner recruitment and outreach specifically for EHVs. In addition to traditional owner
recruitment and outreach, activities may include conducting pre -inspections or otherwise
expediting the inspection process, providing enhanced customer service, and offering owner
incentive and/or retention payments.
Owner incentive and/or retention payments. IRCHSD may make incentive or retention
payments to owners that agree to initially lease their unit to an EHV family and/or renew the
lease of an EHV family.
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Payments will be made as a single payment at the beginning of the assisted lease term (or lease
renewal if a retention payment). Owner incentive and retentions payments are not housing
assistance payments, are not part of the rent to owner, and are not taken into consideration when
determining whether the rent for the unit is reasonable.
Moving expenses (including move -in fees and deposits). IRCHSD may provide assistance for
some or all of the family's reasonable moving expenses when they initially lease a unit with the
EHV. IRCHSD will not provide moving expenses assistance for subsequent moves unless the
family is required to move for reasons other than something the family did or failed to do
(e.g., IRCHSD is terminating the HAP contract because the owner did not fulfill the owner
responsibilities under the HAP contract or the owner is refusing to offer the family the opportunity
to enter a new lease after the initial lease term, as opposed to the family choosing to terminate
the tenancy in order to move to another unit), or a family has to move due to domestic violence,
dating violence, sexual assault, or stalking.
Tenant -readiness services. IRCHSD may use fees to help create a customized plan to address
or mitigate barriers that individual families may face in renting a unit with an EHV, such as negative
credit, lack of credit, negative rental or utility history, or to connect the family to other community
resources (including COVID-related resources) that can assist with rental arrears.
Essential household items. IRCHSD may use services fee funding to assist the family with
some or all of the costs of acquiring essential household items such as tableware, cooking
equipment, beds or bedding, and essential sanitary products such as soap and toiletries.
Renter's insurance if required by the lease. IRCHSD may choose to assist the family with some
or all of this cost.
Any services fee assistance that is returned to the PHA after its initial or subsequent use may
only be applied to the eligible services fee uses defined in Notice PIH 2021-15 (or
subsequent notice) or other EHV administrative costs. Any amounts not expended for these
eligible uses when the PHA's EHV program ends must be remitted to HUD.
Part II: Partnering Agencies
18 -II A. CONTINUUM OF CARE (COC)
PHAs that accept an allocation of EHVs are required to enter into a Memorandum of Understanding
(MOU) with the Continuum of Care (CoC) to establish a partnership for the administration of EHVs.
IRCHSD Policy
IRCHSD no longer issues new Emergency Housing Vouchers as of September 30, 2023. The
original MOU with the CoC is retained on file for program records and audit purposes.
18 -II B. OTHER PARTNERING ORGANIZATIONS
The PHA may, but is not required to, partner with other organizations trusted by persons experiencing
homelessness, such as victim services providers (VSPs) and other community partners. If the PHA
chooses to partner with such agencies, the PHA must either enter into an MOU with the partnering
agency or the partnering agency may be added to the MOU between the PHA and CoC.
IRCHSD Policy.
IRCHSD is not partnering with any additional partnering agencies at this time.
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18-11 C. REFERRALS
The primary responsibility of the CoC under the MOU with the PHA is to make direct referrals of qualifying
individuals and families to the PHA. The PHA must generally refer a family that is seeking EHV assistance
directly from the PHA to the CoC or other referring agency for initial intake, assessment, and possible
referral for EHV assistance. Partner CoCs are responsible for determining whether the family qualifies under
one of the four eligibility categories for EHVs. The CoC or other direct referral partner must provide
supporting documentation to the PHA of the referring agency's verification that the family meets.
Offers of Assistance with CoC Referral
The PHA may make an EHV available without a referral from the CoC or other partnering organization in
order to facilitate an emergency transfer under VAWA in accordance with the PHA's Emergency Transfer
Plan (ETP) in Chapter 16.
The PHA must also take direct referrals from outside the CoC if:
The CoC does not have a sufficient number of eligible families to refer to the PHA; or
The CoC does not identify families that may be eligible for EHV assistance because they are
fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking or
human trafficking.
If at any time the PHA is not receiving enough referrals or is not receiving referrals in a timely manner
from the CoC or other partner referral agencies (or the PHA and CoC cannot identify any such alternative
referral partner agencies), HUD may permit the PHA on a temporary or permanent basis to take EHV
applications directly from applicants and admit eligible families to the EHV program in lieu of or in
addition to direct referrals in those circumstances.
Part 111: Waiting List Management
18 -III A. HCV WAITING LIST
The regulation that requires the PHA to admit applicants as waiting list admissions or special admissions
in accordance with admission policies does not apply to PHAs operating the EHV program. Direct
referrals are not added to the PHA's HCV waiting list.
The PHA must inform families on the HCV waiting list of the availability of EHVs by, at a minimum, either
by posting the information to their website or providing public notice in their respective communities in
accordance with the requirements listed in Notice PIH 2021-15.
IRCHSD Policy
Per HUD guidance, IRCHSD will no longer reissue Emergency Housing Vouchers (EHVs) that
are turned over, expired, or relinquished. This restriction became effective September 30, 2023,
in accordance with HUD's Emergency Housing Voucher program guidelines.
EHVs are a one-time allocation under the American Rescue Plan Act and are not subject to
ongoing reissuance like regular Housing Choice Vouchers. IRCHSD will continue to administer
active EHV assistance for current participants, including recertifications, portability, and required
case management, until the funding is exhausted or the assistance ends for individual
households.
18-111 B. EHV WAITING LIST
The HCV regulations requiring the PHA to operate a single waiting list for admission to the HCV program
do not apply to PHAs operating the EHV program. Instead, when the number of applicants referred by the
CoC or partnering agency exceeds the EHVs available, the PHA must maintain a separate waiting list for
EHV referrals, both at initial leasing and for any turnover vouchers that may be issued prior to
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September 30, 2023.
Further, the EHV waiting list is not subject to PHA policies in Chapter 4 regarding opening and closing the
HCV waiting list. The PHA will work directly with its CoC and other referral agency partners to manage the
number of referrals and the size of the EHV waiting list.
18 -III C. PREFERENCES
HCV Waiting List Preferences
If local preferences are established by the PHA for HCV, they do not apply to EHVs. However, if the PHA
has a homeless preference or a VAWA preference for the HCV waiting list, the PHA must adopt
additional policies related to EHVs in accordance with Notice PIH 2021-15.
IRCHSD Policy
IRCHSD has a homeless preference for the HCV waiting list as outlined in Chapter 4-III.C,
Local Preferences.
IRCHSD does not offer a VAWA preference for the HCV waiting list.
EHV Waiting List Preferences
With the exception of a residency preference, the PHA may choose, in coordination with the CoC and
other referral partners, to establish separate local preferences for EHVs. The PHA may, however,
choose not to establish any local preferences for the EHV waiting list.
RCHSD Pv lice
No local preferences have been established for the EHV waiting list.
Part IV: Family Eligibility
18 -IV A. OVERVIEW
The CoC or referring agency determines whether the individual or family meets any one of the four
eligibility criteria described in Notice PIH 2021-15 and then refers the family to the PHA. The PHA
determines that the family meets other eligibility criteria for the HCV program, as modified for the EHV
program and outlined below.
18 -IV B. REFERRING AGENCY DETERMINATION OF ELIGIBILITY
In order to be eligible for an EHV, an individual or family must meet one of four eligibility criteria:
• Homeless as defined in 24 CFR 578.3;
• At risk of homelessness as defined in 24 CFR 578.3;
• Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking (as
defined in Notice PIH 2021-15), or human trafficking (as defined in the 22 U.S.C. Section
7102); or
• Recently homeless and for whom providing rental assistance will prevent the family's
homelessness or having high risk of housing instability as determined by the CoC or its designee
in accordance with the definition in Notice PIH 2021-15.
As applicable, the CoC or referring agency must provide documentation to the PHA of the referring
agency's verification that the family meets one of the four eligible categories for EHV assistance. The
PHA must retain this documentation as part of the family's file.
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18 -IV C. PHA SCREENING
Overview
HUD waived 24 CFR 982.552 and 982.553 in part for the EHV applicants and established alternative
requirement for mandatory and permissive prohibitions of admissions. Except where applicable, PHA
policies regarding denials in Chapter 3 of this policy do not apply to screening individuals and families for
eligibility for an EHV. Instead, the EHV alternative requirement listed in this section will apply to all EHV
applicants.
The mandatory and permissive prohibitions listed in Notice PIH 2021-15 and in this chapter, however,
apply only when screening the individual or family for eligibility for an EHV. When adding a family member
after the family has been placed under a HAP contract with EHV assistance, the regulations at 24 CFR
982.551(h)(2) apply. Other than the birth, adoption, or court -awarded custody of a child, the PHA must
approve additional family members and may apply its regular HCV screening criteria in Chapter 3 in doing
so.
Mandatory Denials
Under alternative requirements for the EHV program, mandatory denials for EHV applicants include:
• 24 CFR 982.553(a)(1)(ii)(C), which prohibits admission if any household member has ever been
convicted of drug-related criminal activity for manufacture or production of methamphetamine on
the premises of federally assisted housing.
• 24 CFR 982.553(a)(2)(i), which prohibits admission to the program if any member of the
household is subject to a lifetime registration requirement under a state sex offender registration
program.
The PHA must deny admission to the program if any member of the family fails to sign and submit
consent forms for obtaining information as required by 24 CFR 982.552(b)(3) but should notify the family
of the limited EHV grounds for denial of admission first.
1 CHSD Poiiry
While IRCHSD will deny admission to the program if any adult member (or head of household or
spouse, regardless of age) fails to sign and submit consent forms, IRCHSD will first notify the
family of the limited EHV grounds for denial of admission as part of the notice of denial that will
be mailed to the family.
Permissive Denial
Notice PIH 2021-15 lists permissive prohibitions for which the PHA may, but is not required to, deny
admission to EHV families. The notice also lists prohibitions that, while allowable under the HCV program,
may not be used to deny assistance for EHV families.
If the PHA intends to establish permissive prohibition policies for EHV applicants, the PHA must
first consult with its CoC partner to understand the impact that the proposed prohibitions may have
on referrals and must take the CoC's recommendations into consideration.
IRCHSD Policy
IRCHSD will apply permissive prohibition to the screening of EHV applicants. Determinations using
permissive prohibitions will be made based on an individualized assessment of relevant mitigating
information in accordance with policies in Chapter 3-III.E.
In determining whether to deny assistance because of a family member's action or failure to act,
IRCHSD may consider all relevant circumstances such as the seriousness of the act or failure,
the extent of participation or culpability of family members, mitigating circumstances related to
the disability of a family member, and the effects of denial on other family members who were
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not involved in the action or failure to act.
Some circumstances by which IRCHSD may deny assistance include the following:
• IRCHSD determines that any household member is currently engaged in or has engaged
in during a reasonable time before the admission, drug-related criminal activity.
• The family would otherwise be prohibited from admission under alcohol abuse standards
established by IRCHSD in accordance with 24 CFR 982.553(a)(3);
• If any member of the family has committed fraud, bribery, or any other corrupt or criminal
act in connection with any federal housing program within the previous 12 months.
• If the family engaged in or threatened abusive or violent behavior toward IRCHSD
personnel within the previous 12 months.
• IRCHSD will also deny assistance to household members already receiving assistance
from another program in accordance with Section 9.h. of Notice PIH 2021-15.
In compliance with PIH 2021-15, IRCHSD will not deny an EHV applicant admission regardless of
whether:
• Any member of the family has been evicted from federally assisted housing in the last five
years;
• A PHA has ever terminated assistance under the program for any member of the family;
• The family currently owes rent or other amounts to IRCHSD or to another PHA in
connection with Section 8 or public housing assistance under the 1937 Act;
• The family has not reimbursed any PHA for amounts paid to an owner under a HAP
contract for rent, damages to the unit, or other amounts owed by the family under the
lease;
• The family breached an agreement with IRCHSD to pay amounts owed to a PHA, or
amounts paid to an owner by a PHA;
18 -IV D. INCOME VERIFICATON AT ADMISSION
Self -Certification at Admission
The requirement to obtain third -party verification of income in accordance with Notice PIH 2018-18 does
not apply to the EHV program applicants at admission, and alternatively, PHAs may consider self -
certification the highest form of income verification at admission. As such, PHA policies related to the
verification of income in Chapter 7-I. B do not apply to EHV families at admission. Instead, applicants
must submit an affidavit attesting to their reported income, assets, expenses, and other factors that would
affect an income eligibility determination.
Additionally, applicants may provide third -party documentation that represents the applicant's income
within the 60 -day period prior to admission or voucher issuance but is not dated within 60 days of the
PHA's request.
IRCHSD Polic
Any documents used for verification must be the original (not photocopies) and dated within the
60 -day period prior to admission. The documents must not be damaged, altered, or in any way
illegible.
Printouts from webpages are considered original documents.
IRCHSD may waive third -party income verification requirements and may instead consider self -
certification at admission. Applicants must submit an affidavit attesting to reported income,
assets, expenses and other factors which would affect an income eligibility determination.
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IRCHSD will incorporate additional procedures to remind families of the obligation to provide true
and complete information in accordance with Chapter 14. IRCHSD will address any material
discrepancies (i.e., unreported income or a substantial difference in reported income) that may
arise later. IRCHSD may, but is not required to, offer the family a repayment agreement in
accordance with Chapter 16. If the family fails to repay the excess subsidy, IRCHSD will
terminate the family's assistance in accordance with the policies in Chapter 12.
Recently Conducted Income Determinations
PHAs may accept income calculations and verifications from third -party providers or from an examination
that the PHA conducted on behalf of the family for another subsidized housing program in lieu of
conducting an initial examination of income as long as:
• The income was calculated in accordance with rules outlined at 24 CFR Part 5 and within the last
six months; and
• The family certifies there has been no change in income or family composition in the interim.
IRCHSD Policy
IRCHSD may accept income calculations and verifications from third -party providers provided
they meet the criteria outlined above.
The family certification must be made in a format acceptable to IRCHSD and must be signed
by all adult family members whose information or status is being verified.
At the time of the family's annual reexamination the PHA must conduct the annual
reexamination of income as outlined at 24 CFR 982.516 and PHA policies in Chapter 11.
EIV Income Validation
Once HUD makes the EIV data available to PHAs under this waiver and alternative requirement, the PHA
must:
• Review the EIV Income and Income Validation Tool (IVT) reports to confirm and validate
family -reported income within 90 days of the PIC submission date;
• Print and maintain copies of the EIV Income and IVT Reports in the tenant file; and
• Resolve any income discrepancy with the family within 60 days of the EIV Income or IVT Report
dates.
Prior to admission, PHAs must continue to use HUD's EIV system to search for all household
members using the Existing Tenant Search in accordance with Notice PIH 2018-18.
If a PHA later determines that an ineligible family received assistance, the PHA must take steps
to terminate that family from the program in accordance with Chapter 12.
18 -IV E. SOCIAL SECURITY NUMBER AND CITIZENSHIP STATUS VERIFICATION
For the EHV program, the PHA is not required to obtain and verify SSN documentation and
documentation evidencing eligible noncitizen status before admitting the family to the EHV program.
Instead, PHAs may adopt policies to admit EHV applicants who are unable to provide the required SSN or
citizenship documentation during the initial eligibility determination. As an alternative requirement, such
individuals must provide the required documentation within 180 days of admission to be eligible for
continued assistance, pending verification, unless the PHA provides an extension based on evidence
from the family or confirmation from the CoC or other partnering agency that the family has made a good -
faith effort to obtain the documentation.
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If a PHA determines that an ineligible family receive assistance, the PHA must take steps to terminate
that family from the program.
IRCHSD Policy
IRCHSD will admit EHV applicants who are unable to provide the required SSN or citizenship
documentation during the initial eligibility determination. These individuals must provide the
required documentation in accordance with policies in Chapter 7 within 180 days of admission.
IRCHSD may provide additional extensions based on evidence from the family or confirmation
from the CoC or other partnering agency that the family has made a good -faith effort to obtain
the documentation.
If IRCHSD determines that an ineligible family receive assistance, IRCHSD will take steps to
terminate that family from the program in accordance with policies in Chapter 12.
18 -IV F. AGE AND DISABILITY VERIFICATION
PHAs may accept self -certification of date of birth and disability status if a higher level of verification is not
immediately available. If self -certification is used, the PHA must obtain a higher level of verification within
90 days of admission or verify the information in EIV.
If a PHA determines that an ineligible family receive assistance, the PHA must take steps to terminate
that family from the program.
IRCHSD Policy
IRCHSD will accept self -certification of date of birth and disability status if a higher form of
verification is not immediately available. The certification must be made in a format acceptable to
IRCHSD and must be signed by the family member whose information or status is being verified. If
self -certification is accepted, within 90 days of admission, IRCHSD will verify the information in EIV
or through other third -party verification if the information is not available in EIV. IRCHSD will note
the family's file that self -certification was used as initial verification and include an EIV printout or
other third -party verification confirming the applicant's date of birth and/or disability status.
If IRCHSD determines that an ineligible family receive assistance, IRCHSD will take steps to
terminate that family from the program in accordance with policies in Chapter 12.
18 -IV G. INCOME TARGETING
The PHA must determine income eligibility for EHV families in accordance with 24 CFR 982.201 and PHA
policy in Chapter 4; however, income targeting requirements do not apply for EHV families. The PHA may
still choose to include the admission of extremely low-income EHV families in its income targeting
numbers for the fiscal year in which these families are admitted.
IRCHSD PolicV
IRCHSD will not include the admission of extremely low-income EHV families in its income
targeting numbers for the fiscal year in which these families are admitted.
Part V: Housing Search and Leasing
18-V A. INITIAL VOUCHER TERM
Unlike the standard HCV program, which requires an initial voucher term of at least 60 days, EHV
vouchers must have an initial search term of at least 120 days. PHA policies on extensions as outlined
in Chapter 5 -II. E will apply.
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IRCHSD Policy
All EHVs will have an initial term of 120 calendar days.
The family must submit a Request for Tenancy Approval and proposed lease within the 120 -day
period unless IRCHSD grants an extension.
18-V B. HOUSING SEARCH ASSISTANCE
The PHA must ensure housing search assistance is made available to EHV families during their initial
housing search. The housing search assistance may be provided directly by the PHA or through the CoC
or another partnering agency or entity.
At a minimum, housing search assistance must:
• Help individual families identify potentially available units during their housing search,
including physically accessible units with features for family members with disabilities, as well
as units in low -poverty neighborhoods;
• Provide transportation assistance and directions to potential units;
• Conduct owner outreach;
• Assist with the completion of rental applications and PHA forms; and
• Help expedite the EHV leasing process for the family.
IRCHSD PofiSiy
The following housing search assistance will be provided to each EHV family:
IRCHSD will:
• Provide assistance in locating and applying to affordable rental units
• Share available rental listings with EHV participants
• Provide unit referrals and landlord introductions
• Provide financial assistance (including moving cost assistance and security deposit
assistance) to EHV participants to lease with a voucher
• Expedite the EHV leasing process for the family to the extent practicable and
in accordance with policies in this chapter
• At least every 30 days, conduct proactive check -ins via email and telephone with families
who are searching with an EHV and remind them of their voucher expiration date.
18-V C. NSPIRE PRE -INSPECTIONS
To expedite the leasing process, PHAs may pre -inspect available units that EHV families may be
interested in leasing in order to maintain a pool of eligible units.
IRCHSD Policy
To expedite the leasing process, IRCHSD may pre -inspect available units that EHV families
may be interested in leasing to maintain a pool of eligible units. If an EHV family selects a unit
that passed a NSPIRE pre -inspection (without intervening occupancy) within 45 days of the
date of the Request for Tenancy Approval, the unit may be approved provided that it meets all
other conditions under 24 CFR 982.305.
The family will be free to select their unit.
When a pre -inspected unit is not selected, IRCHSD will make every effort to fast-track the
inspection process, including adjusting the normal inspection schedule for any required re -
inspections.
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18-V D. INITIAL LEASE TERM
Unlike in the standard the HCV program, EHV voucher holders may enter into an initial lease that is for
less than 12 months, regardless of the PHA policy in Chapter 9-I.E.
18-V E. PORTABILITY
The normal HCV portability procedures and requirements outlined in Chapter 10 generally apply to EHVs
Exceptions are addressed below.
Nonresident Applicants
Under EHV, applicant families may move under portability even if the family did not have legal residency
in the jurisdiction of the initial PHA when they applied, regardless of PHA policy in Chapter 10-11.13.
Initial Year of Occupancy
Under EHV, applicant families will be permitted to move out of IRCHSD's jurisdiction upon the initial
issuance of their voucher, regardless of the policy in Chapter 10.
Billing and Absorption
A receiving PHA cannot refuse to assist an incoming EHV family, regardless of whether the PHA
administers EHVs under its own ACC.
• If the EHV family moves under portability to another PHA that administers EHVs under its own
ACC:
The receiving PHA may only absorb the incoming EHV family with an EHV (assuming it has
an EHV voucher available to do so).
If the PHA does not have an EHV available to absorb the family, it must bill the initial PHA.
The receiving PHA must allow the family to lease the unit with EHV assistance and may not
absorb the family with a regular HCV when the family leases the unit.
Regardless of whether the receiving PHA absorbs or bills the initial PHA for the family's EHV
assistance, the EHV administration of the voucher is in accordance with the receiving PHA's
EHV policies.
• If the EHV family moves under portability to another PHA that does not administer EHV under its
own ACC, the receiving PHA may absorb the family into its regular HCV program or may bill the
initial PHA.
Family Briefing
In addition to the applicable family briefing requirements at 24 CFR 982.301(a)(2) as to how portability
works and how portability may affect the family's assistance, the initial PHA must inform the family how
portability may impact the special EHV services and assistance that may be available to the family.
The initial PHA is required to help facilitate the family's portability move to the receiving PHA and inform
the family of this requirement in writing, taking reasonable steps to ensure meaningful access for persons
with limited English proficiency (LEP).
IRCHSD Policy
In addition to following IRCHSD policy on briefings in Chapter 5, as part of the briefing packet for
EHV families, IRCHSD will include a written notice that IRCHSD will assist the family with moves
under portability.
For limited English proficient (LEP) applicants, IRCHSD will provide interpretation
services in accordance with IRCHSD's LEP plan (See Chapter 2).
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Coordination of Services
If the portability move is in connection with the EHV family's initial lease -up, the receiving PHA and the
initial PHA must consult and coordinate on the EHV services and assistance that will be made available
to the family.
IRCHSDclic
For EHV families who are exercising portability, when IRCHSD contacts the receiving PHA,
IRCHSD will consult and coordinate with the receiving PHA to ensure there is no duplication of
EHV services and assistance and ensure the receiving PHA is aware of the maximum amount of
services fee funding that the IRCHSD may provide to the receiving PHA on behalf of the family.
Service Fee
Standard portability billing arrangements apply for HAP and ongoing administrative fees for EHV families.
For service fees funding, the amount of the service fee provided by the initial PHA may not exceed the
lesser of the actual cost of the services and assistance provided to the family by the receiving PHA or
$1,750, unless the initial PHA and receiving PHA mutually agree to change the $1,750 cap. Service fees
are paid as follows:
If the receiving PHA, in consultation and coordination with the initial PHA, will provide eligible
services or assistance to the incoming EHV family, the receiving PHA may be compensated for
those costs by the initial PHA, regardless of whether the receiving PHA bills or absorbs.
If the receiving PHA administers EHVs, the receiving PHA may use its own services fee and may
be reimbursed by the initial PHA, or the initial PHA may provide the services funding upfront to
the receiving PHA for those fees and assistance.
If the receiving PHA does not administer EHVs, the initial PHA must provide the services
funding upfront to the receiving PHA. Any amounts provided to the receiving PHA that are not
used for services or assistance on behalf of the EHV family must promptly be returned by the
receiving PHA to the initial PHA.
Placement Fee/Issuance Reporting Fee
If the portability lease -up qualifies for the placement fee/issuance reporting fee, the receiving PHA
receives the full amount of the placement component of the placement fee/issuing reporting fee. The
receiving PHA is eligible for the placement fee regardless of whether the receiving PHA bills the initial
PHA or absorbs the family into its own program at initial lease -up. The initial PHA qualifies for the
issuance reporting component of the placement fee/issuance reporting fee, as applicable.
18-V F. PAYMENT STANDARDS
Payment Standard Schedule
For the EHV program, HUD has waived the regulation requiring a single payment standard for each unit
size. Instead, the PHA may, but is not required to, establish separate higher payment standards for
EHVs. Lower EHV payment standards are not permitted. If the PHA is increasing the regular HCV
payment standard, the PHA must also increase the EHV payment standard if it would be otherwise
lower than the new regular HCV payment standard. The separate EHV payment standard must comply
with all other HCV requirements with the exception of the alternative requirements discussed below.
Further, if the PHA chooses to establish higher payments standards for EHVs, HUD has provided
other regulatory waivers:
• Defining the "basic range" for payment standards as between 90 and 120 percent of the
published Fair Market Rent (FMR) for the unit size (rather than 90 to 110 percent).
• Allowing a PHA that is not in a designated Small Area FMR (SAFMR) area or has not opted to
voluntarily implement SAFMRs to establish exception payment standards for a ZIP code area
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above the basic range for the metropolitan FMR based on the HUD published SAFMRs. The PHA
may establish an exception payment standard up to 120 percent (as opposed to 110 percent) of
the HUD published Small Area FMR for that ZIP code area. The exception payment standard
must apply to the entire ZIP code area.
o The PHA must notify HUD if it establishes an EHV exception payment standard based on
the SAFMR.
IRCHSD Policy
IRCHSD will not establish a higher payment standard amount for EHVs. IRCHSD will use the
same payment standards for other tenant -based vouchers.
Rent Reasonableness
All rent reasonableness requirements apply to EHV units, regardless of whether the PHA has established
an alternative or exception EHV payment standard.
Increases in Payment Standards
The requirement that the PHA apply increased payment standards at the family's first regular
recertification on or after the effective date of the increase does not apply to EHV. The PHA may, but is
not required to, establish an alternative policy on when to apply the increased payment standard,
provided the increased payment standard is used to calculate the HAP no later than the effective date of
the family's first regular reexamination following the change.
IRCHSD Policy
IRCHSD will not establish an alternative policy for increases in the payment standard. IRCHSD
policy in Chapter 11-111.6 governing increases in payment standards will apply to EHV.
18-V G. TERMINATION OF VOUCHERS
After September 30, 2023, a PHA may not reissue EHVs when assistance for an EHV-assisted family
ends. This means that when an EHV participant (a family that is receiving rental assistance under a
HAP contract) leaves the program for any reason, the PHA may not reissue that EHV to another family
unless it does so no later than September 30, 2023.
If an applicant family that was issued the EHV is unsuccessful in finding a unit and the EHV expires after
September 30, 2023, the EHV may not be reissued to another family.
All EHVs under lease on or after October 1, 2023, may not be under any circumstances reissued to
another family when the participant leaves the program for any reason.
An EHV that has never been issued to a family may be initially issued and leased after September 30,
2023, since this prohibition only applies to EHVs that are being reissued upon turnover after assistance to
a family has ended. However, HUD may direct PHAs administering EHVs to cease leasing any unleased
EHVs if such action is determined necessary by HUD to ensure there will be sufficient funding available to
cover the HAP needs of currently assisted EHV families.
Part Vl: Use of Funds, Reporting, and Financial Records
EHV funds allocated to the PHA for HAP (both funding for the initial allocation and HAP renewal
funding) may only be used for eligible EHV HAP purposes. EHV HAP funding obligated to the PHA may
not be used for EHV administrative expenses or the other EHV eligible expenses under this notice.
Likewise, EHV administrative fees and funding obligated to the PHA are to be used for those purposes
and must not be used for HAP.
pg. 331
617
Administrative Plan Indian River County Housing Services Division
The appropriated funds for EHVs are separate from the regular HCV program and may not be used for
the regular HCV program but may only be expended for EHV eligible purposes. EHV HAP funds may
not roll into the regular HCV restricted net position (RNP) and must be tracked and accounted for
separately as EHV RNP. EHV administrative fees and funding for other eligible expenses permitted by
Notice PIH 2021-15 may only be used in support of the EHVs and cannot be used for regular HCVs.
EHV funding may not be used for the repayment of debts or any amounts owed to HUD -by -HUD
program participants including, but not limited to, those resulting from Office of Inspector General (OIG),
Quality Assurance Division (QAD), or other monitoring review findings.
The PHA must comply with EHV reporting requirements in the Voucher Management System (VMS)
and Financial Data Schedule (FDS) as outlined in Notice PIH 2021-15.
The PHA must maintain complete and accurate accounts and other records for the program and provide
HUD and the Comptroller General of the United States full and free access to all accounts and records
that are pertinent the administration of the EHVs in accordance with the HCV program requirements at 24
CFR 982.158.
pg. 332
618
GLOSSARY
A. ACRONYMS USED IN THE HOUSING CHOICE VOUCHER (HCV) PROGRAM
AAF Annual adjustment factor (published by HUD in the Federal Register and used to
compute annual rent adjustments)
ACC Annual contributions contract
ADA Americans with Disabilities Act of 1990
AIDS Acquired immune deficiency syndrome
BR Bedroom
CDBG Community Development Block Grant (Program)
CFR Code of Federal Regulations (published federal rules that define and implement
laws; commonly referred to as "the regulations")
CPI Consumer price index (published monthly by the Department of Labor as an
inflation indicator)
EID Earned income disallowance
EIV Enterprise Income Verification
FDIC Federal Deposit Insurance Corporation
FHA Federal Housing Administration (HUD Office of Housing)
FHEO Fair Housing and Equal Opportunity (HUD Office of)
FICA Federal Insurance Contributions Act (established Social Security taxes)
FMR Fair market rent
FR Federal Register
FSS Family Self -Sufficiency (Program)
FY Fiscal year
FYE Fiscal year end
GAO Government Accountability Office
GR Gross rent
HA Housing authority or housing agency
HAP Housing assistance payment
HCV Housing choice voucher
HQS Housing quality standards
HUD Department of Housing and Urban Development
HUDCLIPS HUD Client Information and Policy System
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619
IPA
Independent public accountant
IRA
Individual retirement account
IRS
Internal Revenue Service
JTPA
Job Training Partnership Act
LBP
Led -based paint
LEP Limited English proficiency
MSA Metropolitan statistical area (established by the U.S. Census Bureau)
MTCS Multi -family Tenant Characteristics System (now the Form HUD -50058
submodule of the PIC system)
MTW
Moving to Work
NOFA
Notice of funding availability
OGC
HUD's Office of General Counsel
OIG
HUD's Office of Inspector General
OMB
Office of Management and Budget
PASS
Plan to Achieve Self -Support
PHA
Public housing agency
PIC
PIH Information Center
PIH
(HUD Office of) Public and Indian Housing
PS
Payment standard
QC Quality control
REAC (HUD) Real Estate Assessment Center
RFP Request for proposals
RFTA Request for tenancy approval
RIGI Regional inspector general for investigation (handles fraud and program abuse
matters for HUD at the regional office level)
SEMAP Section 8 Management Assessment Program
SRO
Single room occupancy
SSA
Social Security Administration
SSI
Supplemental security income
SWICA
State wage information collection agency
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TANF
Temporary assistance for needy families
TPV
Tenant protection vouchers
TR
Tenant rent
TTP
Total tenant payment
UA
Utility allowance
UFAS
Uniform Federal Accessibility Standards
UIV
Upfront income verification
URP
Utility reimbursement payment
VAWA
Violence Against Women Reauthorization Act of 2013
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621
B. GLOSSARY OF SUBSIDIZED HOUSING TERMS
Abatement. Stopping HAP payments to an owner with no potential for retroactive payment.
Absorption. In portability (under subpart H of this part 982): the point at which a receiving PHA
stops billing the initial PHA for assistance on behalf of a portability family. The receiving
PHA uses funds available under the receiving PHA consolidated ACC.
Accessible. The facility or portion of the facility can be approached, entered, and used by persons
with disabilities.
Adjusted income. Annual income, less allowable HUD deductions and allowances.
Administrative fee. Fee paid by HUD to the PHA for administration of the program. See
§982.152.
Administrative plan. The plan that describes PHA policies for administration of the tenant -based
programs. The Administrative Plan and any revisions must be approved by the PHA's board
and included as a supporting document to the PHA Plan. See §982.54.
Admission. The point when the family becomes a participant in the program. The date used for
this purpose is the effective date of the first HAP contract for a family (first day of initial
lease term) in a tenant -based program.
Affiliated individual. With respect to an individual, a spouse, parent, brother, sister, or child of
that individual, or an individual to whom that individual stands in loco parentis (in the
place of a parent), or any individual, tenant, or lawful occupant living in the household of
that individual
Amortization payment. In a manufactured home space rental: The monthly debt service payment
by the family to amortize the purchase price of the manufactured home.
Annual, Happening once a year.
Annual contributions contract (ACC). The written contract between HUD and a PHA under
which HUD agrees to provide funding for a program under the 1937 Act, and the PHA
agrees to comply with HUD requirements for the program.
Annual income. All amounts not specifically excluded in 24 CFR 5.609(b), received from all
sources by each member of the family who is 18 years of age or older or is the head of
household, spouse or cohead, plus unearned income by or on behalf of each dependent who
is under 18 years of age.
Applicant (applicant family). A family that has applied for admission to a program but is not yet
a participant in the program.
Area exception rent. An amount that exceeds the published FMR. See 24 CFR 982.504(b).
As paid states. States where the welfare agency adjusts the shelter and utility component of the
welfare grant in accordance with actual housing costs.
Assets. (See net family assets.)
Authorized voucher units. The number of units for which a PHA is authorized to make
assistance payments to owners under its annual contributions contract.
GL -4
622
Auxiliary aids. Services or devices that enable persons with impaired sensory, manual, or
speaking skills to have an equal opportunity to participate in, and enjoy the benefits of,
programs or activities receiving federal financial assistance.
Biennial, Happening every two years.
Bifurcate. With respect to a public housing or Section Blease, to divide a lease as a matter of
law such that certain tenants can be evicted or removed while the remaining family members'
lease and occupancy rights are allowed to remain intact.
Budget authority. An amount authorized and appropriated by the Congress for payment to PHAs
under the program. For each funding increment in a PHA program, budget authority is the
maximum amount that may be paid by HUD to the PHA over the ACC term of the funding
increment.
Building. A structure with a roof and walls that contains one or more dwelling units.
Child A member of the family other than the family head or spouse who is under 18 years of
age.
Childcare expenses. Amounts anticipated to be paid by the family for the care of children under
13 years of age during the period for which annual income is computed, but only where such
care is necessary to enable a family member to actively seek employment, be gainfully
employed, or to further his or her education and only to the extent such amounts are not
reimbursed. The amount deducted shall reflect reasonable charges for childcare. In the case
of childcare necessary to permit employment, the amount deducted shall not exceed the
amount of employment income that is included in annual income.
Citizen. A citizen or national of the United States.
Cohead An individual in the household who is equally responsible for the lease with the head of
household. A family may have a cohead or spouse but not both. A cohead never qualifies as a
dependent. The cohead must have legal capacity to enter into a lease.
Common space. In shared housing, the space available for use by the assisted family and other
occupants of the unit.
Computer match. The automated comparison of databases containing records about individuals.
Confirmatory review. An on-site review performed by HUD to verify the management
performance of a PHA.
Consent form. Any consent form approved by HUD to be signed by assistance applicants and
participants to obtain income information from employers and SWICAs; return information
from the Social Security Administration (including wages, net earnings from self-
employment, and retirement income); and return information for unearned income from the
IRS. Consent forms expire after a certain time and may authorize the collection of other
information to determine eligibility or level of benefits.
Congregate housing. Housing for elderly persons or persons with disabilities that meets the
HQS for congregate housing. A special housing type: see 24 CFR 982.606-609.
Contiguous MSA. In portability (under subpart H of part 982): An MSA that shares a common
boundary with the MSA in which the jurisdiction of the initial PHA is located.
GL -5
623
Continuously assisted An applicant is continuously assisted under the 1937 Act if the family is
already receiving assistance under any 1937 Housing Act program when the family is
admitted to the voucher program.
Contract authority. The maximum annual payment by HUD to a PHA for a funding increment.
Cooperative (term includes mutual housing). Housing owned by a nonprofit corporation or
association, and where a member of the corporation or association has the right to reside in a
particular apartment, and to participate in management of the housing. A special housing
type (see 24 CFR 982.619).
Covered families. Statutory term for families who are required to participate in a welfare agency
economic self-sufficiency program and who may be subject to a welfare benefit sanction for
noncompliance with this obligation. Includes families who receive welfare assistance or other
public assistance under a program for which federal, state or local law requires that a member
of the family must participate in an economic self-sufficiency program as a condition for the
assistance.
Dating violence. Violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim; and where the existence of such a relationship
shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship
Day laborer. An individual hired and paid one day at a time without an agreement that the individual will
be hired or work again in the future.
De minimis error. An error that results in a difference in the determination of a family's adjusted income
of $30 or less per month.
Dependent. A member of the family (except foster children and foster adults) other than the
family head or spouse, who is under 18 years of age, or is a person with a disability, or is a
full-time student.
Dependent child In the context of the student eligibility restrictions, a dependent child of a
student enrolled in an institution of higher education. The dependent child must also meet the
definition of dependent as specified above.
Disability assistance expenses. Reasonable expenses that are anticipated, during the period for
which annual income is computed, for attendant care and auxiliary apparatus for a disabled
family member, and that are necessary to enable a family member (including the disabled
member) to be employed, provided that the expenses are neither paid to a member of the
family nor reimbursed by an outside source.
Disabled family. A family whose head, cohead, spouse, or sole member is a person with
disabilities; two or more persons with disabilities living together; or one or more persons
with disabilities living with one or more live-in aides.
Disabled person. See person with disabilities.
Disallowance. Exclusion from annual income.
Displaced family. A family in which each member, or whose sole member, is a person displaced
by governmental action, or a person whose dwelling has been extensively damaged or
GL -6
624
destroyed as a result of a disaster declared or otherwise formally recognized pursuant to
federal disaster relief laws.
Domestic violence. Felony or misdemeanor crimes of violence committed by a current or former
spouse of the victim, by a person with whom the victim shares a child in common, by a
person who is cohabitating with or has cohabitated with the victim as a spouse, by a person
similarly situated to a spouse of the victim under the domestic or family violence laws of the
jurisdiction receiving grant monies, or by any other person against an adult or youth victim
who is protected from that person's acts under the domestic or family violence laws of the
jurisdiction.
Domicile. The legal residence of the household head or spouse as determined in accordance with
state and local law.
Drug-related criminal activity. The illegal manufacture, sale, distribution, or use of a drug, or
the possession of a drug with intent to manufacture, sell, distribute, or use the drug.
Earned income. Income or earnings from wages, tips, salaries, other employee compensation,
and net income from self-employment. Earned income does not include any pension or
annuity, transfer payments (meaning payments made or income received in which no goods
or services are being paid for, such as welfare, social security, and governmental subsidies
for certain benefits), or any cash or in-kind benefits.
Economic self-sufficiency program. Any program designed to encourage, assist, train or
facilitate the economic independence of assisted families, or to provide work for such
families. Can include job training, employment counseling, work placement, basic skills
training, education, English proficiency, Workfare, financial or household management,
apprenticeship, or any other program necessary to ready a participant to work (such as
treatment for drug abuse or mental health treatment). Includes any work activities as defined
in the Social Security Act (42 U.S.C. 607(d)). Also see 24 CFR 5.603(c).
Elderly family. A family whose head, cohead, spouse, or sole member is a person who is at least
62 years of age; two or more persons who are at least 62 years of age living together; or one
or more persons who are at least 62 years of age living with one or more live-in aides.
Elderly person. An individual who is at least 62 years of age.
Eligible family A family that is income eligible and meets the other requirements of the 1937
Act and Part 5 of 24 CFR. See also family.
Employer identification number (EIN). The nine -digit taxpayer identifying number that is
assigned to an individual, trust, estate, partnership, association, company, or corporation.
Evidence of citizenship or eligible status. The documents which must be submitted as evidence
of citizenship or eligible immigration status. See 24 CFR 5.508(b).
Extremely low-income family. A family whose annual income does not exceed the federal
poverty level or 30 percent of the median income for the area, whichever number is higher.
Area median income is determined by HUD, with adjustments for smaller and larger
families. HUD may establish income ceilings higher or lower than 30 percent of median
income if HUD finds such variations are necessary due to unusually high or low family
incomes. See 24 CFR 5.603.
Facility. All or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling
stock, or other real or personal property or interest in the property.
GL -7
625
Fair Housing Act Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988.
Fair market rent (FMR). The rent, including the cost of utilities (except telephone), as
established by HUD for units of varying sizes (by number of bedrooms), that must be paid in
the housing market area to rent privately owned, existing, decent, safe, and sanitary rental
housing of modest (non -luxury) nature with suitable amenities. In the HCV program, the
FMR may be established at the ZIP code level (see definition of Small Area Fair Market
Rents), metropolitan area level, or non -metropolitan county level.
Family. Includes but is not limited to the following, regardless of actual or perceived sexual
orientation, gender identity, or marital status, and can be further defined in PHA policy.
Family includes a single person, who may be:
- An elderly person, displaced person, disabled person, near -elderly person, or any other
single person.
- An otherwise eligible youth who has attained at least 18 years of age and not more than 24
years of age and who has left foster care, or will leave foster care within 90 days, in
accordance with a transition plan described in section 475(5)(H) of the Social Security Act
(42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older;
or
Family also includes a group of persons residing together, and such group includes, but is not
limited to:
- A family with or without children (a child who is temporarily away from the home because
of placement in foster care is considered a member of the family);
- An elderly family
- A near -elderly family
- A disabled family
- A displaced family; and
- The remaining member of a tenant family.
Family rent to owner. In the voucher program, the portion of rent to owner paid by the family.
Family self-sufficiency program (FSS program). The program established by a PHA in
accordance with 24 CFR part 984 to promote self-sufficiency of assisted families, including
the coordination of supportive services (42 U.S.C. 1437u).
Family share. The portion of rent and utilities paid by the family. For calculation of family
share, see 24 CFR 982.515(a).
Family unit size. The appropriate number of bedrooms for a family, as determined by the PHA
under the PHA subsidy standards.
Federal agency. A department of the executive branch of the federal government.
Foster adult. A member of the household who is 18 years of age or older and meets the
definition of a foster adult under state law. In general, a foster adult is a person who is 18 years
of age or older, is unable to live independently due to a debilitating physical or mental condition
GL -8
626
and is placed with the family by an authorized placement agency or by judgment, decree, or
other order of any court of competent jurisdiction.
Foster child. A member of the household who meets the definition of a foster child under state
law. In general, a foster child is placed with the family by an authorized placement agency (e.g.,
public child welfare agency) or by judgment, decree, or other order of any court of competent
jurisdiction.
Foster childcare payment. A payment to eligible households by state, local, or private agencies
appointed by the state to administer payments for the care of foster children.
Full-time student. A person who is attending school or vocational training on a full-time basis
(carrying a subject load that is considered full-time for day students under the standards and
practices of the educational institution attended). See 24 CFR 5.603.
Funding increment. Each commitment of budget authority by HUD to a PHA under the
consolidated annual contributions contract for the PHA program.
Gender identity. Actual or perceived gender -related characteristics.
Gross rent. The sum of the rent to owner plus any utility allowance.
Group home. A dwelling unit that is licensed by a state as a group home for the exclusive
residential use of two to twelve persons who are elderly or persons with disabilities
(including any live-in aide). (A special housing type: see 24 CFR 982.610-614.)
Handicap. Any condition or characteristic that renders a person an individual with handicaps.
(See person with disabilities.)
HAP contract. The housing assistance payments contract. A written contract between the PHA
and an owner for the purpose of providing housing assistance payments to the owner on
behalf of an eligible family.
Head of household. The adult member of the family who is the head of the household for
purposes of determining income eligibility and rent.
Household A household includes additional people other than the family who, with the PHA's
permission, live in an assisted unit, such as live-in aides, foster children, and foster adults.
Housing assistance payment. The monthly assistance payment by a PHA, which includes: (1) A
payment to the owner for rent to the owner under the family's lease; and (2) An additional
payment to the family if the total assistance payment exceeds the rent to owner.
Housing agency (HA). See public housing agency.
Housing quality standards (HQS). The minimum quality standards developed by HUD in
accordance with 24 CFR 5.703 for the HCV program, including any variations approved by
HUD for the PHA under 24 CFR 5.705(a)(3).
HUD. The U.S. Department of Housing and Urban Development.
Imputed asset. An asset disposed of for less than fair market value during the two years
preceding examination or reexamination.
Imputed asset income. The PHA -established passbook rate multiplied by the total cash value of
assets. The calculation is used when net family assets exceed $5,000.
GL -9
627
Imputed welfare income. An amount of annual income that is not actually received by a family
as a result of a specified welfare benefit reduction but is included in the family's annual
income and therefore reflected in the family's rental contribution.
Income. Income from all sources of each member of the household, as determined in accordance
with criteria established by HUD.
Income for eligibility. Annual income.
Independent contractor. An individual who qualifies as an independent contractor instead of an
employee in accordance with the Internal Revenue Code Federal income tax requirements
and whose earnings are consequently subject to the Self -Employment Tax. In general, an
individual is an independent contractor if the payer has the right to control or direct only the
result of the work and not what will be done and how it will be done.
Independent entity. The unit of general local government; however, if the PHA itself is the unit
of general local government or an agency of such government, then only the next level of
general local government (or an agency of such government) or higher may serve as the
independent entity; or a HUD -approved entity that is autonomous and recognized under state
law as a separate legal entity from the PHA. The entity must not be connected financially
(except regarding compensation for services performed for PHA -owned units) or in any other
manner that could result in the PHA improperly influencing the entity.
Individuals with handicaps. See person with disabilities.
Inflationary index. An index based on the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI -W) used to make annual adjustments to the deduction for elderly
disabled families, the cap for imputing returns on assets, the restriction on net family assets,
the amount of net assets the PHA may determine based on self -certification by the family,
and the dependent deduction.
Initial PHA. In portability, the term refers to both: (1) A PHA that originally selected a family
that later decides to move out of the jurisdiction of the selecting PHA; and (2) A PHA that
absorbed a family that later decides to move out of the jurisdiction of the absorbing PHA.
Initial payment standard The payment standard at the beginning of the HAP contract term.
Initial rent to owner. The rent to owner at the beginning of the HAP contract term.
Institution of higher education. An institution of higher education as defined in 20 U.S.C. 1001
and 1002. See Exhibit 3-2 in this Administrative Plan.
Jurisdiction. The area in which the PHA has authority under state and local law to administer the
program.
Landlord. Either the owner of the property or his/her representative, or the managing agent or
his/her representative, as shall be designated by the owner.
Lease. A written agreement between an owner and a tenant for the leasing of a dwelling unit to
the tenant. The lease establishes the conditions for occupancy of the dwelling unit by a
family with housing assistance payments under a HAP contract between the owner and the
PHA.
GL -10
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Live-in aide. A person who resides with one or more elderly persons, or near -elderly persons, or
persons with disabilities, and who:
- Is determined to be essential to the care and well-being of the persons.
- Is not obligated for the support of the persons; and
- Would not be living in the unit except to provide the necessary supportive services.
Living/sleeping room. A living room may be used as sleeping (bedroom) space, but no more
than two persons may occupy the space. A bedroom or living/sleeping room must have at
least one window and two electrical outlets in proper operating condition. See HCV GB
p. 10-6 and 24 CFR 982.401.
Local preference. A preference used by the PHA to select among applicant families.
Low-income family. A family whose income does not exceed 80 percent of the median income
for the area as determined by HUD with adjustments for smaller or larger families, except
that HUD may establish income limits higher or lower than 80 percent for areas with
unusually high or low incomes.
Manufactured home. A manufactured structure that is built on a permanent chassis, is designed
for use as a principal place of residence and meets the HQS. (A special housing type: see 24
CFR 982.620 and 982.621.)
Manufactured home space. In manufactured home space rental: A space leased by an owner to a
family. A manufactured home owned and occupied by the family is located on the space. See
24 CFR 982.622 to 982.624.
Medical expenses. Medical expenses, including medical insurance premiums, that are
anticipated during the period for which annual income is computed, and that are not covered
by insurance (a deduction for elderly or disabled families only). These allowances are given
when calculating adjusted income for medical expenses in excess of 3 percent of
annual income.
Minor. A member of the family household other than the family head or spouse, who is under 18
years of age.
Mixed family. A family whose members include those with citizenship or eligible immigration
status, and those without citizenship or eligible immigration status.
Monthly adjusted income. One twelfth of adjusted income.
Monthly income. One twelfth of annual income.
Mutual housing. Included in the definition of cooperative.
National. A person who owes permanent allegiance to the United States, for example, as a result
of birth in a United States territory or possession.
Near -elderly family. A family whose head, spouse, or sole member is a person who is at least 50
years of age but below the age of 62; or two or more persons, who are at least 50 years of age
but below the age of 62, living together; or one or more persons who are at least 50 years of
age but below the age of 62 living with one or more live-in aides.
Net family assets. The net cash value of all assets owned by the family, after deducting
reasonable costs that would be incurred in disposing real property, savings, stocks, bonds,
and other forms of capital investment. In determining net family assets, PHAs or owners, as
GL -11
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applicable, must include the value of any business or family assets disposed of by an
applicant or tenant for less than fair market value (including a disposition in trust, but not in a
foreclosure or bankruptcy sale) during the two years preceding the date of application for the
program or reexamination, as applicable, in excess of the consideration received therefor. In
the case of a disposition as part of a separation or divorce settlement, the disposition will not
be considered to be for less than fair market value if the applicant or tenant receives
consideration not measurable in dollar terms. Negative equity in real property or other
investments does not prohibit the owner from selling the property or other investments, so
negative equity alone would not justify excluding the property or other investments from
family assets.
Noncitizen. A person who is neither a citizen nor national of the United States.
Notice of funding availability (NOFA). For budget authority that HUD distributes by
competitive process, the Federal Register document that invites applications for funding.
This document explains how to apply for assistance and the criteria for awarding the funding.
Office of General Counsel (OGC). The General Counsel of HUD.
Outside. Under NSPIRE, outside of HUD housing (or "outside areas") refers to the building site,
building exterior components, and any building systems located outside of the building or
unit. Examples of "outside" components may include fencing, retaining walls, grounds,
lighting, mailboxes, project signs, parking lots, detached garage or carport, driveways, play
areas and equipment, refuse disposal, roads, storm drainage, non -dwelling buildings, and
walkways. Components found on the exterior of the building are also considered outside
areas, and examples may include doors, attached porches, attached patios, balconies, car
ports, fire escapes, foundations, lighting, roofs, walls, and windows.
Overcrowded A unit that does not meet the following HQS space standards: (1) Provide
adequate space and security for the family; and (2) Have at least one bedroom or
living/sleeping room for each two persons.
Owner. Any person or entity with the legal right to lease or sublease a unit to a participant.
PHA -owned unit. A dwelling unit in a project that is: (A) Owned by the PHA (including having
a controlling interest in the entity that owns the project); (B) Owned by an entity wholly
controlled by the PHA; or (C) Owned by a limited liability company or limited partnership in
which the PHA (or an entity wholly controlled by the PHA) holds a controlling interest in the
managing member or general partner. A controlling interest is: (A) Holding more than 50
percent of the stock of any corporation; (B) Having the power to appoint more than 50
percent of the members of the board of directors of a non -stock corporation (such as a
nonprofit corporation); (C) Where more than 50 percent of the members of the board of
directors of any corporation also serve as directors, officers, or employees of the PHA; (D)
Holding more than 50 percent of all managing member interests in an LLC; (E) Holding
more than 50 percent of all general partner interests in a partnership; or (F) Equivalent levels
of control in other ownership structures.
PHA Plan. The annual plan and the 5 -year plan as adopted by the PHA and approved by HUD.
PHA's quality control sample An annual sample of files or records drawn in an unbiased
manner and reviewed by a PHA supervisor (or by another qualified person other than the
person who performed the original work) to determine if the work documented in the files or
records conforms to program requirements. For minimum sample size see CFR 985.3.
GL -12
630
Participant (participant family). A family that has been admitted to the PHA program and is
currently assisted in the program. The family becomes a participant on the effective date of
the first HAP contract executed by the PHA for the family (first day of initial lease term).
Payment standard The maximum monthly assistance payment for a family assisted in the
voucher program (before deducting the total tenant payment by the family).
Person with disabilities. For the purposes of program eligibility. A person who has a disability
as defined under the Social Security Act or Developmental Disabilities Care Act, or a person
who has a physical or mental impairment expected to be of long and indefinite duration and
whose ability to live independently is substantially impeded by that impairment but could be
improved by more suitable housing conditions. This includes persons with AIDS or
conditions arising from AIDS but excludes persons whose disability is based solely on drug
or alcohol dependence. For the purposes of reasonable accommodation. A person with a
physical or mental impairment that substantially limits one or more major life activities, a
person regarded as having such an impairment, or a person with a record of such
an impairment.
Portability. Renting a dwelling unit with a Section 8 housing choice voucher outside the
jurisdiction of the initial PHA.
Premises. The building or complex in which the dwelling unit is located, including common
areas and grounds.
Previously unemployed. With regard to the earned income disallowance, a person with
disabilities who has earned, in the 12 months previous to employment, no more than would
be received for 10 hours of work per week for 50 weeks at the established minimum wage.
Private space. In shared housing, the portion of a contract unit that is for the exclusive use of an
assisted family.
Processing entity. The person or entity that, under any of the programs covered, is responsible
for making eligibility and related determinations and any income reexamination. In the HCV
program, the "processing entity" is the "responsible entity."
Project owner. The person or entity that owns the housing project containing the assisted
dwelling unit.
Public assistance. Welfare or other payments to families or individuals, based on need, which
are made under programs funded, separately or jointly, by federal, state, or local
governments.
Public housing agency (PHA). Any state, county, municipality, or other governmental entity or
public body, or agency or instrumentality of these entities, that is authorized to engage or
assist in the development or operation of low-income housing under the 1937 Act.
Qualified family (under the earned income disallowance). A family participating in an applicable
assisted housing program or receiving HCV assistance:
- Whose annual income increases as a result of employment of a family member who is a
person with disabilities and who was previously unemployed for one or more years prior to
employment.
GL -13
631
- Whose annual income increases as a result of increased earnings by a family member who
is a person with disabilities during participation in any economic self-sufficiency or other
job training program; or
Whose annual income increases, as a result of new employment or increased earnings of a
family member who is a person with disabilities, during or within six months after
receiving assistance, benefits or services under any state program for temporary assistance
for needy families funded under Part A of Title IV of the Social Security Act, as
determined by the responsible entity in consultation with the local agencies administering
temporary assistance for needy families (TANF) and Welfare -to -Work (WTW) programs.
The TANF program is not limited to monthly income maintenance but also includes such
benefits and services as one-time payments, wage subsidies and transportation assistance --
provided that the total amount over a six-month period is at least $500.
Qualified census tract. With regard to certain tax credit units, any census tract (or equivalent
geographic area defined by the Bureau of the Census) in which at least 50 percent of
households have an income of less than 60 percent of Area Median Gross Income (AMGI),
or where the poverty rate is at least 25 percent, and where the census tract is designated as a
qualified census tract by HUD.
Real property. Real property has the same meaning as that provided under the law of the state in
which the property is located.
Reasonable rent. A rent to owner that is not more than rent charged: (1) For comparable units in
the private unassisted market; and (2) For comparable unassisted units in the premises.
Reasonable accommodation. A change, exception, or adjustment to a rule, policy, practice, or
service to allow a person with disabilities to fully access the PHA's programs or services.
Receiving PHA. In portability: A PHA that receives a family selected for participation in the
tenant -based program of another PHA. The receiving PHA issues a voucher and provides
program assistance to the family.
Recertification. Sometimes called reexamination. The process of securing documentation of
total family income used to determine the rent the tenant will pay for the next 12 months if
there are no additional changes to be reported.
Remaining member of the tenant family. The person left in assisted housing who may or may
not normally qualify for assistance on their own circumstances (i.e., an elderly spouse dies,
leaving widow aged 47 who is not disabled).
Rent to owner. The total monthly rent payable to the owner under the lease for the unit (also
known as contract rent). Rent to owner covers payment for any housing services,
maintenance, and utilities that the owner is required to provide and pay for.
Request for Tenancy Approval (RTA). A form (Form HUD -52517) submitted by or on behalf of
a family to a PHA once the family has identified a unit that it wishes to rent using tenant -
based voucher assistance.
Residency preference. A PHA preference for admission of families that reside anywhere in a
specified area, including families with a member who works or has been hired to work in the
area (See residency preference area).
GL -14
632
Residency preference area. The specified area where families must reside to qualify for a
residency preference.
Responsible entity. For the public housing and the Section 8 tenant -based assistance, project -
based voucher assistance, and moderate rehabilitation programs, the responsible entity means
the PHA administering the program under an ACC with HUD. For all other Section 8
programs, the responsible entity means the Section 8 owner.
Secretary. The Secretary of Housing and Urban Development.
Section 8. Section 8 of the United States Housing Act of 1937.
Section 8 covered programs. All HUD programs which assist housing under Section 8 of the
1937 Act, including Section 8 assisted housing for which loans are made under Section 202
of the Housing Act of 1959.
Section 8 Management Assessment Program (SEMAP). A system used by HUD to measure
PHA performance in key Section 8 program areas. See 24 CFR Part 985.
Section 214. Section 214 of the Housing and Community Development Act of 1980, as
amended.
Section 214 covered programs. The collective term for the HUD programs to which the
restrictions imposed by Section 214 apply. These programs are set forth in 24 CFR 5.500.
Security deposit. A dollar amount (maximum set according to the regulations) which can be used
for unpaid rent or damages to the owner upon termination of the lease.
Seasonal worker. An individual who is hired into a short-term position and the employment
begins about the same time each year (such as summer or winter). Typically, the individual is
hired to address seasonal demands that arise for the particular employer or industry.
Set-up charges. In a manufactured home space rental, charges payable by the family for
assembling, skirting, and anchoring the manufactured home.
Sexual assault. Any nonconsensual sexual act proscribed by federal, tribal, or state law,
including when the victim lacks capacity to consent (42 U.S.C. 13925(a)).
Sexual orientation. Homosexuality, heterosexuality or bisexuality.
Shared housing. A unit occupied by two or more families. The unit consists of both common
space for shared use by the occupants of the unit and separate private space for each assisted
family. (A special housing type: see 24 CFR 982.615-982.618.)
Single person. A person living alone or intending to live alone.
Single room occupancy housing (SRO). A unit that contains no sanitary facilities or food
preparation facilities, or contains either, but not both, types of facilities. (A special housing
type: see 24 CFR 982.602-982.605.)
Small Area Fair Market Rents (SAFMRs). FMRs established for ZIP code areas.
Small rural public housing agency (PHA). Section 38 defines the term "small public housing
agency" as a public housing agency "for which the sum of the number of public housing
dwelling units administered by the agency and the number of vouchers under section 8(0)
administered by the agency is 550 or fewer" and "that predominantly operates in a rural area,
as described in section 1026.35(b)(2)(iv)(A) of title 12, Code of Federal Regulations." After
GL -15
633
consideration of the public comments discussed above, HUD is interpreting "predominantly
operates in a rural area" to mean a small PHA that:
(1) Has a primary administrative building with a physical address in a rural area as described
in 12 CFR 1026.35(b)(2)(iv)(A); or
(2) more than 50 percent of its combined public housing units and voucher units under
section 8(0) are in rural areas as described in 12 CFR 1026.35(b)(2)(iv)(A). HUD also
clarifies that voucher units under section 8(0) include those in the tenant -based Housing
Choice Voucher (HCV) program and the Project -Based Voucher (PBV) program.
Social security number (SSN). The nine -digit number that is assigned to a person by the Social
Security Administration and that identifies the record of the person's earnings reported to the
Social Security Administration. The term does not include a number with a letter as a suffix
that is used to identify an auxiliary beneficiary.
Special admission. Admission of an applicant that is not on the PHA waiting list or without
considering the applicant's waiting list position.
Special housing types. See subpart M of part 982. Subpart M states the special regulatory
requirements for: SRO housing, congregate housing, group homes, shared housing,
cooperatives (including mutual housing), and manufactured homes (including manufactured
home space rental).
Specified welfare benefit reduction. Those reductions of welfare benefits (for a covered family)
that may not result in a reduction of the family rental contribution. A reduction of welfare
benefits because of fraud in connection with the welfare program, or because of welfare
sanction due to noncompliance with a welfare agency requirement to participate in an
economic self-sufficiency program.
Spouse. The marriage partner of the head of household.
Stalking. To follow, pursue, or repeatedly commit acts with the intent to kill, injure, harass, or
intimidate; or to place under surveillance with the intent to kill, injure, harass, or intimidate
another person; and in the course of, or as a result of, such following, pursuit, surveillance, or
repeatedly committed acts, to place a person in reasonable fear of the death of, or serious
bodily injury to, or to cause substantial emotional harm to (1) that person, (2) a member of
the immediate family of that person, or (3) the spouse or intimate partner of that person.
State wage information collection agency (SWICA). The state agency, including any Indian
tribal agency, receiving quarterly wage reports from employers in the state, or an alternative
system that has been determined by the Secretary of Labor to be as effective and timely in
providing employment-related income and eligibility information.
Subsidy standards. Standards established by a PHA to determine the appropriate number of
bedrooms and amount of subsidy for families of different sizes and compositions.
Suspension. The term on the family's voucher stops from the date the family submits a request
for PHA approval of the tenancy, until the date the PHA notifies the family in writing
whether the request has been approved or denied. This practice is also called tolling.
Tax credit rent. With regard to certain tax credit units, the rent charged for comparable units of
the same bedroom size in the building that also receive the low-income housing tax credit but
do not have any additional rental assistance (e.g., tenant -based voucher assistance).
GL -16
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Tenancy addendum. For the housing choice voucher program, the lease language required by
HUD in the lease between the tenant and the owner.
Tenant. The person or persons (other than a live-in aide) who executes the lease as lessee of the
dwelling unit.
Tenant paid utilities. Utilities and services that are not included in the rent to owner and are the
responsibility of the assisted family, regardless of whether the payment goes to the utility
company or the owner. The utilities and services are those necessary in the locality to provide
housing that complies with HQS. The utilities and services may also include those required
by HUD through a Federal Register notice after providing opportunity for public comment.
Tenant rent to owner. See family rent to owner.
Term of lease. The amount of time a tenant agrees in writing to live in a dwelling unit.
Total tenant payment (TTP). The total amount the HUD rent formula requires the tenant to pay
toward rent and utilities.
Unearned income. Any annual income, as calculated under 24 CFR 5.609, that is not earned
income.
Unit. Under NSPIRE, a unit (or "dwelling unit") of HUD housing refers to the interior
components of an individual unit. Examples of components included in the interior of a unit
may include the balcony, bathroom, call -for -aid (if applicable), carbon monoxide devices,
ceiling, doors, electrical systems, enclosed patio, floors, HVAC (where individual units are
provided), kitchen, lighting, outlets, smoke detectors, stairs, switches, walls, water heater,
and windows.
Utilities. Water, electricity, gas, other heating, refrigeration, cooking fuels, trash collection, and
sewage services. Telephone service is not included.
Utility allowance. If the cost of utilities (except telephone) and other housing services for an
assisted unit is not included in the tenant rent but is the responsibility of the family occupying
the unit, an amount equal to the estimate made or approved by a PHA or HUD of the
monthly cost of a reasonable consumption of such utilities and other services for the unit by
an energy -conservative household of modest circumstances consistent with the requirements
of a safe, sanitary, and healthful living environment.
Utility reimbursement. In the voucher program, the portion of the housing assistance payment
which exceeds the amount of rent to owner.
Utility hook-up charge. In a manufactured home space rental: Costs payable by a family for
connecting the manufactured home to utilities such as water, gas, electrical and sewer lines.
Very low-income family. A low-income family whose annual income does not exceed 50 percent
of the median income for the area, as determined by HUD, with adjustments for smaller and
larger families. HUD may establish income limits higher or lower than 50 percent of the
median income for the area on the basis of its finding that such variations are necessary
because of unusually high or low family incomes. This is the income limit for the housing
choice voucher program.
Veteran. A person who has served in the active military or naval service of the United States at
any time and who shall have been discharged or released therefrom under conditions other
than dishonorable.
GL -17
635
Violence Against Women Reauthorization Act (VA WA) of 2013. Prohibits denying admission
to the program to an otherwise qualified applicant or terminating assistance on the basis that
the applicant or program participant is or has been a victim of domestic violence, dating
violence, sexual assault, or stalking.
Violent criminal activity. Any illegal criminal activity that has as one of its elements the use,
attempted use, or threatened use of physical force against the person or property of another.
Voucher (housing choice voucher). A document issued by a PHA to a family selected for
admission to the housing choice voucher program. This document describes the program and
the procedures for PHA approval of a unit selected by the family. The voucher also states
obligations of the family under the program.
Voucher holder. A family holding a voucher with an unexpired term (search time).
Voucher program. The housing choice voucher program.
Waiting list. A list of families organized according to HUD regulations and PHA policy who are
waiting for a unit to become available.
Waiting list admission. An admission from the PHA waiting list.
Welfare assistance. Income assistance from federal or state welfare programs, including
assistance provided under TANF and general assistance. Does not include assistance directed
solely to meeting housing expenses, nor programs that provide health care, childcare or other
services for working families. For the FSS program (24 CFR 984.103), welfare assistance
includes only cash maintenance payments designed to meet a family's ongoing basic needs.
Does not include nonrecurring short term benefits designed to address individual crisis
situations, work subsidies, supportive services such as childcare and transportation provided
to families who are employed, refundable earned income tax credits, contributions to and
distributions from Individual Development Accounts under TANF, services such as
counseling, case management, peer support, childcare information and referral, financial
empowerment, transitional services, job retention, job advancement, and other employment-
related services that to not provide basic income support, amounts solely directed to meeting
housing expenses, amounts for health care, Supplemental Nutrition Assistance Program
(SNAP) and emergency rental and utilities assistance, SSI, SSDI, or social security, and
child -only or non -needy TANF grants made to or on behalf of a dependent child solely on the
basis of the child's need and not the need of the child's current non -parental caretaker.
Withholding. Stopping HAP payments to an owner while holding them for potential retroactive
disbursement.
GL -18
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RESOLUTION 2025
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, APPROVING THE INDIAN RIVER
COUNTY HOUSING CHOICE VOUCHER PROGRAM
FIVE YEAR PLAN, CERTIFICATIONS, AND
ADMINISTRATIVE PLAN WITH THE NECESSARY
ATTACHMENTS.
WHEREAS, the United States Department of Housing and Urban Development
(HUD) requires a Five Year Plan and Administrative Plan; and
WHEREAS, Section 511 of the Quality Housing and Work Responsibility Act
(QHWRA) of 1998 created the agency Five Year Plan requirements; and
WHEREAS, the Indian River County Board of County Commissioners Housing
Services Division Housing Choice Voucher (HCV) Program Five Year Plan will include
attachments and supporting documents, such as, HCV Administrative Plan and required
certifications; and
WHEREAS, all public comments have been taken into consideration and the
Indian River County Board of County Commissioners Housing Services Division has
documented, prepared and submitted all necessary changes, as appropriate; and
WHEREAS, the Indian River County Board of County Commissioners Housing
Services Division Five Year Plan for fiscal year 2026 through 2030, Administrative Plan
with necessary attachments, and certification documents will take effect October 1,
2025; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
1. The Indian River County Board of County Commissioners accepts,
approves and adopts the IRC HCV Program Five Year Plan, Administrative Plan,
Certifications, and necessary attachments hereto, effective October 1, 2025, and used
by staff to appropriately administer the Housing Choice Voucher Program.
637
RESOLUTION 2025
The foregoing Resolution was offered by Commissioner
and seconded by Commissioner , and, upon being put to a vote,
the vote was as follows:
Chairman Joseph E. Flescher
Vice Chairman Deryl Loar
Commissioner Susan Adams
Commissioner Joseph H. Earman
Commissioner Laura Moss
The Chairman thereupon declared the Resolution duly passed and adopted this
15th day of July 2025.
Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA
Court and Comptroller BOARD OF COUNTY COMMISSIONERS
By By
Deputy Clerk
Approved:
John A. Titkanich, Jr.
County Administrator
Approved as to form and legal
sufficiency:
Christopher Hicks
Assistant County Attorney
Joseph E. Flescher, Chairman
Indian River County, Florida
* * MEMORANDUM
�IpA
File ID: 25-0752 Type: Department Staff Report
TO: The Honorable Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
Michael C. Zito, Deputy County Administrator
Cindy Emerson, Community Services Director
FROM: Megan Kendrick, Human Services Administrator
DATE: July 15, 2025
Indian River fouty
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Meeting Date: 7/15/2025
SUBJECT: Children's Services Advisory Committee Recommended Program Funding
Allocations for Fiscal Year 25/26
BACKGROUND
On February 1, 2025, the County issued a Request for Proposals (RFP) inviting not-for-profit and for-profit
organizations, government agencies, and individuals to apply for funding to support children's programs and
services in Indian River County. This grant program is administered by Indian River County with assistance
from the Children's Services Advisory Committee (CSAC), consistent with Ordinance Number 2022-007 and
the County's Outside Agency Funding Policy Revisions approved by the Board on August 4, 2022. In response
to the RFP, the County received 52 proposals requesting a total of $3,799,638 in funding. All 52 proposals can
be found on The Children's Services Webpage.
Over the past 10 months, staff has collaborated with the CSAC Main Committee, the Needs Assessment
Subcommittee, and the Grants Subcommittee to refine the RFP process. The goal is to ensure the needs of the
children and families in our community are being met, to provide agencies with professional development and
coaching to develop strong RFPs, to establish clear measurable outcomes for agencies, to analyze and share
impact reports with the public, and to increase transparency throughout the process. Below is a timeline of the
work that has been done to improve the RFP process by enhancing accountability and impact.
January
o Professional Development- RFP Walkthrough and Grant Writing
o Coaching- RFP Individualized Support, Budgeting
• February
o Professional Development- Grant Writing Continued
o Coaching- RFP Individualized Support, Budgeting
o Application Open
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• March
o Professional Development- Grant Writing Continued
o Coaching- RFP Individualized Support, Budgeting
o Application Closes
• April
o Grant Application Review- Grant Subcommittee reviewed 52 grant applications using the RFP
Scoring Rubric
o Coaching- Individualized presentation preparation support offered
• May
o Grant Presentations: May 14, 15, 27
o CSAC Grant Subcommittee Funding Recommendation: May 27
• July
o CSAC Main Committee Funding Recommendation: July 8
o BOCC Vote on 25/26 CSAC Funding: July 15
ANALYSIS
Staff organized programs into the three priorities identified in the Needs Assessment: Health and Well-being,
Nurturing Families and Communities, and Success in School and Life. After the CSAC Grant Subcommittee
reviewed, analyzed, scored, and heard presentations from the 52 programs, they used the scores from the RFP
Scoring Rubric, supporting documentation, and information from the presentations to determine how much
funding each program should be allocated. Once the allocation for each program had been decided, the CSAC
Grant Subcommittee voted on the total funding recommendation for programs in each priority.
The CSAC Grant Subcommittee approved full or partial requested funding for: 11 out of 12 programs in Health
and Well-being, 10 out of 13 programs in Nurturing Families and Communities, and 25 out of 27 programs in
Success in School and Life. Thus allocating funding to 46 total programs in the amount of $3,201,133.
BUDGETARYIMPACT
On March 25, 2025, the Board of County Commissioners approved FY 25/26 funding for Children's Services
in the amount of $3,479,492, with up to $278,359 for administrative expenses and up to $3,201,133 in
Children's Program expenses.
Staff organized programs into the three priorities identified in the Needs Assessment: Health and Well-being,
Nurturing Families and Communities, and Success in School and Life. After the CSAC Grant Subcommittee
reviewed, analyzed, scored, and heard presentations from the 52 programs, they used the scores from the RFP
Scoring Rubric, supporting documentation, and information from the presentations to determine how much
funding each program should be allocated. Once the allocation for each program had been decided, the
CSAC Grant Subcommittee voted on the total funding recommendation for programs in each priority.
The CSAC Grant Subcommittee approved full or partial requested funding for the following programs, per
priority:
Priority
# of Appl.
Programs
# of Awarded Programs
Award
Health & Well -Being
12
11
$663,500
Nurturing Families and Communities
13
10
$275,985
Success in School & Life
27
25
$2,261,648
Totals
52
46
$3,201,133
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PREVIOUS BOARD ACTIONS
On July 2, 2024, the Board of County Commissioners approved the Children's Services Advisory Committee
Recommended Program Funding Allocations for Fiscal Year 24/25
POTENTIAL FUTURE BOARD ACTIONS
Should program funding be affected by default, noncompliance, or early termination of an awarded grant
program during the fiscal year, staff will bring an item to the Board for approval to de -obligate funds.
STRATEGIC PLAN ALIGNMENT
Quality of Life
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff respectfully recommends that the Board of County Commissioners approve CSAC's funding
recommendations for children's programs for FY 25/26 and authorize the County Administrator to execute the
46 program grant agreements after review and approval by the County Attorney for legal sufficiency.
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Or anizational Capacity 10 Points
Grant
Question(s)
What to look for
5
3
1
Missing
2-5
Describe how
the Agency's
Board of
Directors
functions as an
active,
community-
representative
body
responsible for
policy setting,
fiscal guidance,
and ongoing
governance.
The Board of
Directors is
highly active,
diverse, and
representative of
the community.
The board
provides clear
leadership in
policy setting,
offers sound
fiscal guidance,
and
demonstrates
strong ongoing
governance.
Their role is well
defined, and
evidence of their
involvement is
provided.
The Board of
Directors
plays a
moderate role
in policy
setting, fiscal
guidance, and
governance.
The board's
community
representation
is somewhat
evident, but
the description
lacks depth or
specific
examples of
their active
involvement.
The Board of
Directors is
inactive or
plays no
meaningful
role in policy
setting, fiscal
guidance, or
governance.
There is no
representation
of the
community,
and the
board's
involvement is
either absent
or not
described.
5-6
Describe how
the agency
ensures
financial
stability and its
ability to
leverage grant
dollars to
deliver the
program.
Include details
on
contingencies
such as cash
reserves,
diverse
funding
streams, and a
fundraising
plan
The agency is
highly financially
stable, with
diverse funding
streams,
significant cash
reserves, and a
well-defined
fundraising plan.
The agency has
a clear ability to
leverage grant
dollars
effectively and
has strong
contingencies in
place to ensure
program delivery
under various
circumstances.
The agency
shows
moderate
financial
stability, with
some
evidence of
funding
stream
diversity and
basic
contingency
planning.
Cash reserves
may be limited
or unclear,
and the
fundraising
plan lacks
detail. The
agency can
leverage grant
dollars,
though
improvements
are needed.
The agency is
financially
unstable, with
no diverse
funding
streams, cash
reserves, or
fundraising
plan. There
are no clear
contingencies
in place, and
the agency
shows no
ability to
leverage grant
dollars to
ensure
program
delivery.
642
Program Information 25 Points
Grant
What to look for
5
3
1
Missing
Question(s)
8-11
How does the
The program is
The program
The program
program align
strongly aligned
shows general
is not aligned
with the funding
with the funding
alignment with
with the
priority, and
priority, with
the funding
funding
what evidence
comprehensive
priority, with
priority, with no
supports the
research and
some
research or
need for the
data that clearly
research or
data to support
service?
support the
data provided,
the need for
Provide detailed
need for
though it may
services. The
information on
services. The
be limited or
program
how the
program
not fully
description is
program meets
description is
convincing.
unclear or
the identified
clear, detailed,
The program
incomplete,
need.
and thoroughly
description is
and it does not
explains how the
adequate but
explain how
program will
lacks depth or
the need for
address the
detail in
services will
identified need
explaining
be addressed.
for services,
how it will
leaving no
address the
ambiguity.
need for
services.
14
Describe the
The program
The program
The program
research -based
clearly outlines
best practices
research -based
describes
does not
that your
best practices
research-
describe
program follows
and provides
based
research -
and provide
comprehensive,
practices and
based
data or
relevant data
presents
practices or
evidence that
that strongly
some data to
provide data
demonstrates
demonstrates
show
to support the
the
the effectiveness
effectiveness,
effectiveness
effectiveness of
of the strategies
but the
of the
these strategies
in achieving
evidence is
strategies. No
in achieving the
desired
either limited
credible
desired
outcomes.
outcomes.
Evidence is
in scope or
evidence is
current, credible,
not fully
presented.
and directly
aligned with
supports the
the strategies.
proposed
methods.
15
Who is the
The target
The target
The target
target
population is
population is
population is
population and
clearly defined
identified, but
not clearly
how are they
with specific
with limited
identified, and
demographics,
specificity or
the outreach
643
644
made aware of
needs, and
clarity. The
strategies are
the program?
characteristics.
program
either missing
The program
utilizes basic
or entirely
uses
or minimal
ineffective for
comprehensive,
outreach
reaching the
multi -faceted
strategies,
intended
outreach
which may
audience. No
strategies (e.g.,
have some
evidence of
social media,
success but
successful
community
lack
engagement.
partnerships,
innovation or
direct
sufficient
engagement)
detail.
that are well-
suited to the
target audience
and have proven
effective in
reaching them.
16-19
How does your
The program
The program
program ensure
comprehensively
The program
does not
accessibility for
addresses all
addresses
address
participants,
aspects of
some
accessibility in
including
accessibility,
accessibility
a meaningful
considerations
including
factors but
way.
for
providing
lacks full
Transportation,
transportation,
transportation
coverage of
fees, location,
waitlists, fees,
options,
all key areas.
waitlists, or
location, and
minimizing or
For example,
hours are not
hours of
eliminating
transportation
considered,
operation?
waitlists, offering
or fee
resulting in
(Separate these
affordable or
significant
out)
sliding -scale
assistance
barriers to
fees, and
might be
access for the
ensuring that the
addressed,
target
location is
but there are
population.
convenient and
gaps in
hours are
addressing
flexible to meet
waitlists,
the needs of the
location, or
target
hours.
population.
Solutions are
well thought out,
and there is
clear evidence
of their
effectiveness in
ensuring broad
access to the
program.
644
21
Grant
Quesi
24
25
What strategies
does the
program use to
build parent
engagement,
and how
effective are
these strategies
in fostering
participation?
The program
has well-defined,
comprehensive
strategies for
building parent
engagement.
The strategies
are innovative,
clearly
explained, and
have been
proven to
effectively foster
strong and
consistent
parent
participation.
What to look for 15
Outcome
Structure:
The outcome
statement
outlines a clear
change,
identifies the
focus area,
defines the
target
population, and
explains how
the outcome will
be achieved.
Indicators and
Tools
Outcome 1
The outcome
statement
includes a
change
statement, focus
area, target
population, and
how it will be
achieved.
The indicator
includes a clear,
measurable sign
that
demonstrates
the outcome is
being met. The
program also
uses a valid,
research -based
tool that is
appropriate for
the target
The program
provides some
strategies for
building
parent
engagement,
but they are
either vague
or not fully
developed.
The
effectiveness
of the
strategies is
not well-
demonstrated,
and
participation
may be
inconsistent.
Points)
3
The program
does not have
any clear
strategies for
building parent
engagement.
There is no
plan or
evidence of
attempts to
foster parent
involvement,
and
participation is
minimal or
nonexistent
The outcome The outcome
includes 3 of includes 2 or
the four less
components
The indicator
includes a
measurable
sign, but it
lacks full
clarity or depth
in showing the
outcome is
being met. A
tool is used,
but its validity
or research
basis is not
The indicator
does not
include a
measurable
sign of
progress
toward the
outcome,
and/or no valid
or research -
based tool is
used to
demonstrate
Missing
645
26
27-29
Alignment:
Do the
program's
outcome
connect to the
specified
funding priority
and focus area,
and how are the
program's
activities
aligned to
achieve the
desired result?
Data Collection:
Change in grant
who is
responsible for
collecting data.
Where will they
get the data
from, How often
will you
measure
progress?
population and
effectively
measures
progress toward
the outcome.
The outcome is
clearly and
directly
connected to the
funding priority
and focus area,
with program
activities fully
aligned to
achieve the
desired result.
The connection
between the
outcome,
activities, and
goals is
The indicator
clearly defines
how the program
will measure
progress toward
the outcome,
with specific,
measurable
criteria.
fully
demonstrated,
or it may not
fully align with
the desired
The outcome
shows some
alignment with
the funding
priority and
focus area,
but the
connection
between
program
activities and
the desired
result is not
fully clear
The indicator
provides a
basic way to
measure
progress, but
it lacks clarity,
specificity, or
measurable
benchmarks.
There is some
alignment with
the outcome,
but the
indicator may
not provide an
actionable or
practical way
to assess
progress.
progress.
There is no
clear method
to show that
the outcome is
being met.
The outcome
is not aligned
with the
funding priority
and focus
area, and
program
activities do
not support the
desired result.
There is no
clear
connection
between the
outcome, the
activities, and
the grant's
The indicator
does not
define how
progress will
be measured.
There is no
alignment with
the outcome,
and no
measurable
benchmarks or
criteria are
provided. The
indicator is
either missing
or completely
ineffective in
guiding the
assessment of
Outcome 2 20 Points
Grant What to look for 15 13 1 Missing
24 Outcome The outcome The outcome The outcome
Structure: statement includes 3 of includes 2 or
includes a less
646
647
The outcome
change
the four
statement
statement, focus
components
outlines a clear
area, target
change,
population, and
identifies the
how it will be
focus area,
achieved.
defines the
target
population, and
explains how
the outcome will
be achieved.
25
Indicators and
The indicator
The indicator
The indicator
Tools
includes a clear,
includes a
does not
measurable sign
measurable
include a
that
sign, but it
measurable
demonstrates
lacks full
sign of
the outcome is
clarity or depth
progress
being met. The
in showing the
toward the
program also
outcome is
outcome,
uses a valid,
being met. A
and/or no valid
research -based
tool is used,
or research -
tool that is
but its validity
based tool is
appropriate for
or research
used to
the target
basis is not
demonstrate
population and
fully
progress.
effectively
demonstrated,
There is no
measures
or it may not
clear method
progress toward
fully align with
to show that
the outcome.
the desired
the outcome is
progress.
being met.
26
Alignment:
The outcome is
The outcome
The outcome
Do the
clearly and
shows some
is not aligned
program's
directly
alignment with
with the
outcome
connected to the
the funding
funding priority
connect to the
funding priority
priority and
and focus
specified
and focus area,
focus area,
area, and
funding priority
with program
but the
program
and focus area,
activities fully
connection
activities do
and how are the
aligned to
between
not support the
program's
achieve the
program
desired result.
activities
desired result.
activities and
There is no
aligned to
The connection
the desired
clear
achieve the
between the
result is not
connection
desired result?
outcome,
fully clear
between the
activities, and
outcome, the
goals is
activities, and
the grant's
goals.
27-29
Data Collection:
The indicator
The indicator
The indicator
Change in grant
clearly defines
provides a
does not
647
Grant
Quesi
24
25
who is
responsible for
collecting data.
Where will they
get the data
from, How often
will you
measure
progress?
how the program
will measure
progress toward
the outcome,
with specific,
measurable
criteria.
What to look for 15
Outcome
Structure:
The outcome
statement
outlines a clear
change,
identifies the
focus area,
defines the
target
population, and
explains how
the outcome will
be achieved.
Indicators and
Tools
Outcome 3
The outcome
statement
includes a
change
statement, focus
area, target
population, and
how it will be
achieved.
The indicator
includes a clear,
measurable sign
that
demonstrates
the outcome is
being met. The
program also
uses a valid,
research -based
tool that is
appropriate for
the target
population and
basic way to
measure
progress, but
it lacks clarity,
specificity, or
measurable
benchmarks.
There is some
alignment with
the outcome,
but the
indicator may
not provide an
actionable or
practical way
to assess
progress.
Points
3
The outcome
includes 3 of
the four
components
The indicator
includes a
measurable
sign, but it
lacks full
clarity or depth
in showing the
outcome is
being met. A
tool is used,
but its validity
or research
basis is not
fully
demonstrated,
define how
progress will
be measured.
There is no
alignment with
the outcome,
and no
measurable
benchmarks or
criteria are
provided. The
indicator is
either missing
or completely
ineffective in
guiding the
assessment of
The outcome
includes 2 or
less
The indicator
does not
include a
measurable
sign of
progress
toward the
outcome,
and/or no valid
or research -
based tool is
used to
demonstrate
progress.
There is no
Missing
648
26
27-29
Alignment:
Do the
program's
outcome
connect to the
specified
funding priority
and focus area,
and how are the
program's
activities
aligned to
achieve the
desired result?
Data Collection:
Change in grant
who is
responsible for
collecting data.
Where will they
get the data
from, How often
will you
measure
progress?
The outcome is
clearly and
directly
connected to the
funding priority
and focus area,
with program
activities fully
aligned to
achieve the
desired result.
The connection
between the
outcome,
activities, and
goals is
The indicator
clearly defines
how the program
will measure
progress toward
the outcome,
with specific,
measurable
criteria.
The outcome
shows some
alignment with
the funding
priority and
focus area,
but the
connection
between
program
activities and
the desired
result is not
fully clear
The indicator
provides a
basic way to
measure
progress, but
it lacks clarity,
specificity, or
measurable
benchmarks.
There is some
alignment with
the outcome,
but the
indicator may
not provide an
actionable or
practical way
to assess
progress.
The outcome
is not aligned
with the
funding priority
and focus
area, and
program
activities do
not support the
desired result.
There is no
clear
connection
between the
outcome, the
activities, and
the grant's
The indicator
does not
define how
progress will
be measured.
There is no
alignment with
the outcome,
and no
measurable
benchmarks or
criteria are
provided. The
indicator is
either missing
or completely
ineffective in
guiding the
assessment of
Finance 15 Points
Grant What to look for 5 3 1 Missing
Question(s)
Appropriateness
The funding
measures
or it may not
clear method
appropriate for
Is the funding
the proposed
progress toward
fully align with
to show that
the outcome.
the desired
the outcome is
proaress.
beina met.
26
27-29
Alignment:
Do the
program's
outcome
connect to the
specified
funding priority
and focus area,
and how are the
program's
activities
aligned to
achieve the
desired result?
Data Collection:
Change in grant
who is
responsible for
collecting data.
Where will they
get the data
from, How often
will you
measure
progress?
The outcome is
clearly and
directly
connected to the
funding priority
and focus area,
with program
activities fully
aligned to
achieve the
desired result.
The connection
between the
outcome,
activities, and
goals is
The indicator
clearly defines
how the program
will measure
progress toward
the outcome,
with specific,
measurable
criteria.
The outcome
shows some
alignment with
the funding
priority and
focus area,
but the
connection
between
program
activities and
the desired
result is not
fully clear
The indicator
provides a
basic way to
measure
progress, but
it lacks clarity,
specificity, or
measurable
benchmarks.
There is some
alignment with
the outcome,
but the
indicator may
not provide an
actionable or
practical way
to assess
progress.
The outcome
is not aligned
with the
funding priority
and focus
area, and
program
activities do
not support the
desired result.
There is no
clear
connection
between the
outcome, the
activities, and
the grant's
The indicator
does not
define how
progress will
be measured.
There is no
alignment with
the outcome,
and no
measurable
benchmarks or
criteria are
provided. The
indicator is
either missing
or completely
ineffective in
guiding the
assessment of
Finance 15 Points
Grant What to look for 5 3 1 Missing
Question(s)
Appropriateness
The funding
of Funding
request is fully
Request
appropriate for
Is the funding
the proposed
request
activities and
The funding
The funding
request is
request is
somewhat
inappropriate
appropriate,
or excessive
but there are
for the
649
appropriate for
the proposed
activities, and
does it directly
support the
delivery of
services
Justification,
and
Sustainability
Is the cost
estimate
realistic,
justified, and
sustainable
beyond the
grant period?
Other Funding
Sources
Does the
budget clearly
explain and
identify other
sources of
funding?
clearly supports
the delivery of
direct services.
The cost
estimate is
highly realistic,
fully justified,
and includes a
clear plan for
sustainability
beyond the
grant period.
The program
shows strong
evidence of its
financial viability
and long-term
impact.
The budget
clearly explains
and identifies all
other sources of
funding. There is
strong
transparency
regarding
additional
funding, and the
explanation
shows how
these sources
contribute to the
overall financial
stability of the
program.
gaps in how
well it
supports the
proposed
activities and
direct
services.
The cost
estimate is
somewhat
realistic and
justified, but
lacks a clear
plan for
sustainability
beyond the
grant period.
The long-term
viability of the
program is not
fully
The budget
includes some
information on
other funding
sources but
lacks full
clarity or
detail. The
explanation is
somewhat
vague, and it
is unclear how
these sources
contribute to
the program's
financial
stability.
proposed
activities, with
little to no
connection to
direct service
delivery.
The cost
estimate is
unrealistic or
unjustified,
and there is no
plan for
sustainability
beyond the
grant period.
The program
lacks a clear
financial
strategy for
long-term
success.
The budget
does not
identify or
explain other
funding
sources. There
is no
transparency
regarding
additional
funding,
leaving
questions
about the
program's
overall
financial
stability.
Bonus Point Section: Addressing Identified Needs and Achieving Outcomes
Grant Criteria Description Points
Questions
7 Preventative or The program is preventative or provides early 1-3
Early interventions that address root causes and reduce
Intervention long-term issues
Program
9-11, 33 Addresses The program addresses significant needs in 1-3
Needs in underserved or marginalized communities,
650
651
Underserved
providing essential services (1-3 points based on
Communities
level of impact).
9-11,34
Addresses
The program provides services to geographical
1-3
Needs in
areas where there is limited existing support or
Geographical
resources (1-3 points based on the scope and
Areas with
importance of service delivery).
Limited Support
9-11
New Program
The program is new and was developed to meet a
1-3
Created to
unique, previously unmet need in the community
Address a
(1-3 points based on innovation and impact).
Unique, Unmet
Need
23
(Previously
If the program was funded in the previous year, it
3
Funded)
successfully met or exceeded all three identified
Program Met All
outcomes (3 points)
Outcomes in the
Previous Year
651
Fiscal Year 2025-2026 Request for Proposal
Children's Services Advisory Committee 01R,
Indian River County Board of County Commissioners
Section 103.20. Purpose
The purpose of the Children's Services Advisory Committee (CSAC) is to promote the health and well-
being of children in Indian River County. A "healthy" community is defined as one that supports
socioeconomic, physical, environmental, educational, and behavioral health.
Section 103.21. Objective
1. Unified Planning System: Identify, target, evaluate, and address the needs of children in Indian
River County.
2. Definition of a Child: Any individual under the age of 18 years.
3. Committee Functions:
o Recommend services to enhance children's general well-being.
o Collect data and research to guide decision-making.
o Collaborate with other agencies to prevent service duplication.
o Allocate funds to agencies providing essential services.
o Establish and monitor evidence -based outcomes for funded programs.
o Employ staff as necessary to support committee operations.
Mission Statement
The mission of CSAC is to promote the health and well-being of children in a healthy community. The
term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental, and
educational health.
Vision Statement
The objective of the Children's Services Advisory Committee is to provide a unified system of planning
and delivery within which children's needs can be identified, targeted, evaluated and addressed.
The Children's Services Advisory Committee will actively endeavor to develop a shared vision for the
health and human services delivery system in Indian River County, enabling all funding sources and
providers to define and perform their roles in a collaborative, effective and dynamically changing
environment. CSAC strongly supports cultural diversity and encourages its funded programs to
demonstrate the inclusion of all children and families in program development and implementation.
652
Overarching Goals
• Children's Success: Enhance their capacity to transition into adulthood safely and productively.
• Caregiver Support: Equip caregivers to guide children effectively.
Funding Criteria
Programs must address the needs of children and families in Indian River County. Proposals will be
evaluated by the Grant Review Subcommittee using the following criteria:
• Organizational capability and experience.
• Evidence -based outcomes from prior years.
• Clearly defined goals and objectives.
• Methodology and coordination with other providers.
• Robust evaluation design.
• Cost-effectiveness and sustainability.
• Services addressing identified needs in the community.
• Focus on neighborhood -based or local initiatives.
• Alignment with specified strategies.
• Completeness and clarity of the application.
Priority Areas and Focus
Derived from the 2024-2027 Needs Assessment, funding priorities are:
1. Health and Well-being
o Access to prenatal care.
o Positive behavioral health interventions.
o Promotion of physical health.
o Programs for students with special needs.
2. Nurturing Families and Communities
o Reduction of childhood adversity and abuse.
o Decrease in juvenile delinquency.
3. Success in School and Life
o Kindergarten readiness.
o Academic improvement.
o Increased attendance.
o College and career pathways.
Funding Process and Timeline
653
• RFP Opens: February 1", 2025
• Proposal Deadline: March 31, 2025 by 5:00 PM (submitted via e-CImpact). Late proposals will
not be accepted.
• Grant Presentations and Review: May 14, 15, 27, and 29, 2025.
• Funding Recommendations: June 2025 (presented to CSAC and approved by the Board of
County Commissioners).
• Contract Finalization: September 2025. Contracts effective from October 1, 2025, to
September 30, 2026.
Disqualification Criteria
• Missing liability insurance documentation.
• Incomplete proposals or missing certifications.
• Non-compliance with deadlines.
Requirements for Funded Agencies
• Acknowledge CSAC and Indian River County in all promotional materials.
• Submit financial audits (for grants exceeding $100,000).
• Provide tax documentation (for-profit applicants).
Special Terms and Conditions
• Performance Period: October 1, 2025, to September 30, 2026.
• Invoicing and Payments: Reimbursement basis, with strict quarterly limits. Non -reimbursable
expenses include food, travel unrelated to the program, and expenses incurred before the grant
period.
Supporting Documents Checklist
Agencies must provide the following documents with their application:
1. List of current Officers and Directors (include addresses for each).
2. Board minutes from the past 12 months.
3. Most recent Internal Financial Statement (Profit & Loss or Balance Sheet).
4. Staff Organizational Chart.
5. Most recent Annual Report (if available).
6. 501(c)(3) IRS Exemption Letter.
7. Articles of Incorporation.
8. Agency Bylaws.
654
9. Agency's written policy regarding Affirmative Action.
10. Evidence of Liability and Workers Compensation Insurance.
11. Board -approved Strategic Plan (if available).
12. Sworn Statement Under Section 105.08, Indian River County Code on Disclosure of
Relationships.
13. Program Salaries Budget.
14. Survey Tools.
15. Program Outcomes Report.
16. Evidence of School District Partnership.
17. Evidence of Agency Collaboration.
18. Most recent fiscal year audited or reviewed financial statements OR 2 fiscal years of internal
financial statements (Balance Sheet and Income Statement). Select from:
o Audited Financial Statement
o Reviewed Financial Statement
0 2 Years of Internal Financial Statements
o Bank statement and reconciliation for most recent fiscal year-end operating account.
19. Example of supporting documents planned for reimbursement under the grant (including
timelines for submittals).
Public Records Statement
All submitted materials become public records and the property of the Indian River Board of County
Commissioners. The CSAC and Board of County Commissioners reserve the right to reject any or all
proposals, waive deficiencies, and award contracts in the best interest of Indian River County children.
655
PRIORITY OF FUNDING
A comprehensive, community -wide needs assessment provides valuable information to help guide the
Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of
focus to address both the unmet and under -met needs of children. The funding priorities are the result
of the 2024-2027 Children's Needs Assessment.
The assessment identified three primary priorities:
Health and Well-being, Nurturing Families and Communities, and Success in School and Life
Each priority is comprised of specific focus areas ranked in order of priority and associated data
indicators, emphasizing prevention, early identification/intervention, and the pivotal role of building
parent/guardian capacity in children's services. This proactive approach aims to address potential
challenges before they escalate, recognizing the lifelong impact of early experiences on a child's
development, and striving to positively shape their path. With a focus on cost-effectiveness, early
interventions minimize societal and fin I burdens linked with delayed support.
Health and Well-being:
Promoting the health and well-being of children is foundational to their overall development. Access to
quality prenatal care ensures a healthy start for both mothers and infants, reducing the risk of
complications and ensuring optimal birth outcomes. Positive behavioral health interventions are crucial
for addressing mental health challenges among youth, fostering resilience, and preventing substance
abuse issues. Promotion of physical health, including maintaining a healthy body weight, is essential
for long-term well-being. Identifying and expanding programs for students with special needs ensures
that every child receives the support necessary for their unique educational journey.
Why? Early prevention and intervention strategies in health, combined with building parent/guardian
capacity, contribute to long-term well-being, reducing the need for more extensive interventions later
on. By prioritizing these aspects, we proactively support children's health, addressing potential
challenges at their inception.
;Qi
Focus Areas and Data Indicators:
1. Enhanced Access to Prenatal Care: Monitoring the initiation of prenatal care, birth outcomes,
breastfeeding initiation, fetal and infant mortality, and repeat teen births.
2. Advancements in Positive Behavioral Health: Tracking youth risk profiles, depression rates,
substance abuse among youth, and adult alcohol consumption.
3. Promotion of Physical Health: Observing body mass index (BMI) summaries and youth obesity
rates.
4. Identification and Expansion of Programs for Students with Special Needs: Assessing student
demographics based on primary exceptionality.
656
Nurturing Families and Communities:
Creating an environment that nurtures families and communities is vital for children's overall
stability and well-being. Decreasing childhood adversity, including experiences of abuse and
neglect, is essential for fostering safe and supportive family environments. The reduction of
juvenile delinquency incidents contributes to a safer community and better opportunities for
positive youth development.
Why? Prioritizing prevention and early intervention in family and community dynamics, along
with building parent/guardian capacity, we aim to create an environment where potential issues
are identified and addressed promptly, fostering stability and resilience in children from the
outset.
Focus Areas and Data Indicators:
1. Decrease in Childhood Adversity: Analyzing adverse childhood experiences, child abuse
incidents, Baker Act utilization, and instances of children in foster care or homelessness.
2. Reduction of Juvenile Delinquency Incidents: Examining trends in juvenile delinquency
through metrics such as juvenile arrests.
Success in School and Life:
Ensuring success in school and life is fundamental for a child's future prospects. Increasing
kindergarten readiness sets the stage for a strong educational foundation, impacting a child's
academic journey positively. Improvement in academics, attendance, and the expansion of
pathways for college and career success are critical for preparing children to meet the challenges
of an ever -evolving world.
Why? By focusing on prevention and early intervention in education, coupled with building
parent/guardian capacity, provides children with the resources they need from the beginning,
reducing barriers to success and fostering a foundation for lifelong learning and achievement.
Focus Areas and Data Indicators:
1. Increase of Kindergarten Readiness: Evaluating early learning indicators and
kindergarten readiness.
2. Improvement in Academics: Analyzing student performance and proficiency on statewide
assessments in reading, math, science, and social studies.
3. Boost in Attendance: Monitoring average daily attendance and chronic absenteeism.
4. Expansion of Pathways for College and Career Success: Reviewing high school
graduation rates, workforce data, and school discipline measures.
Applicants seeking funding are encouraged to focus their programs on serving pockets of
poverty, considering the geographical dispersion and transportation challenges in Indian River
County. It is crucial that services are designed to be accessible, considering both the location
657
and timing that align with the community's needs. To enhance program effectiveness, applicants
should employ research/evidence-based strategies and best practices, ensuring that
interventions are informed by proven approaches. Collaboration within the community is
essential to optimize resources, eliminate redundancy, and initiate interventions as early as
possible in a child's life, thereby maximizing the impact of support services.
658
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•
I
"Strong evidence confirms that investing in children and family services
delivers substantial financial and societal benefits. Research shows that
every dollar spent can generate a return of 2.7% to 16%, making it one of
the most impactful investments for long-term success."
Investing in What Works
2024/2025 Mid -year Impact
• By mid -year, 13,200 touchpoints have already been recorded, nearly 80% of the
annual goal of 16,600. This strong performance indicates that programs are not
only reaching clients effectively but are also on pace, or ahead, to exceed
expectations by year-end.
• Program Outcomes show that:
o 54% of programs are on track to meet or exceed their goals.
0 20% have already met their targets.
0 20% remain in progress, showing steady momentum.
0 6% are scheduled for summer, reflecting planned seasonal programming.
Together, this data illustrates a robust mid -year performance across all funded
programs, affirming strong alignment with community needs and measurable
impact across priority areas.
3
Investing in What Works
2024/2025 Mid Year
Highlights
7/17/2025
ARCO
. Our Kindergarten Readiness efforts have reached over 5,000 young learners this year. Each
connection reflects a purposeful effort to help children enter school ready to learn
. Pathways for College and Career Success has supported 236 students so far this year, each
one representing a meaningful step toward college and career readiness.
. Research -based programs reached 1,240 individuals, empowering families with tools to
support child development, strengthen parenting, and reduce risks linked to childhood
adversity.
. This year, 703 families have gained enhanced access to prenatal care, ensuring critical
support during the earliest stages of life.
4
&�l 2
5
Investing in What Works
Success Story: Early Learning
"The biggest impact Childcare
Resources has made on our lives is
that it allows my husband and I to
work and further our education while
our children attend high-quality, safe,
and affordable childcare while doing
so!"
- Parent of Childcare Resources' Children in
Center Program
Investing in What Works
Success Story: Health and Well-being
"In the [Prevention Works!] group, I
learned that everyone is different, and it is
important to treat others with respect, no
matter what they look like, or what traits
they have... the program made me want to
change the way I interact with others."
-Substance Awareness' Prevention Works participant
Data from this program showed that
upon completion, 90% of youth reported
they plan to use the skills they learned in
the future.
6
7/17/2025
Z
� w IS
FA
Investing in What Works
Success Story: Career Ready
"My son chose carpentry as his pre -
apprenticeship focus, but along the way,
he discovered his true passion, working
with tools, troubleshooting, and doing
preventive maintenance. We're now
looking into setting him up with another
apprenticeship this fall to continue
building on that momentum."
- A proud parent ofa Youth Guidance's Pre -Apprenticeship
graduate
7/17/2025
1.1
9
It starts with...
A locally -driven Needs Assessments that
enhances parental choice and supports
community needs Mi 7a
Our Needs Assessment Process Includes:
• Detailed analysis of comprehensive SE„xANilEO.EEESSTO
PAFNSTAI CAA[
county and state data by local, subject
matter experts
• Annual updates and adjustments using
the PATCH framework to guide a five- =. AOVANOENENTSIN
POSITIVE LENAVIORAE
year plan,TMI,TI
t.�1;+-oAF.AGw
[ nR�SE
• Collection of community feedback "u`T
through public forums and our lPAOMU ON0"NYSIGI
NOk OF
Community Feedback Survey
t.IOENTIOATIUN 6
EEPANSIOx OF P0.0OMM5
F. STUDENTS T.
S—_ MOS
I. OEO0.£ASE IN ONIEON000
I1 EASEIN
AOVE0.SITY
LINDE0.CJATFN AEA.I S
' _
=.IMFMOVEMENT IN
v0 -�-�� a�c'Eti
ALAOEMIO PEAFOAMANOE
_. 0.EDUCTION OFJUVENILF
� vfinea��e.oE
o£uxQUENev lxewENrs
a`CS
n. c.l
• 5la'FWf?F A5GF35*!Ex'
� it
' ORt�,'+':sfl�l ef„.+�'?c
3.LOOST Ix 5TU0ENT
ATTENMNCE
*ARC*
iiia J
1 LLPATNuta
i.E%PAt/SION OF
FsI.Icc EGEt
CA0.EEA SUCCESS
It starts with...
A locally -driven Needs Assessments that°�,
enhances parental choice and supports
community needs PENIS
Health and Wellbeing
• Nutrition and Health
Is Prenatal Health
• Mental Health
• Substance Abuse
• Exceptional Student Education (ESE)
Nurturing Families and Communities
• Decrease in Childhood Adversity
• Reduction in Juvenile Delinquency
• Effects of childhood Homelessness
10
Success in School and Life- Early
Childhood Education
• Early Intervention
• Supporting and Retaining a Skilled
Workforce
- Behavioral Support
7/17/2025
CQ ( 5
7/17/2025
It starts with...
A locally -driven Needs Assessments that
enhances parental choice and supports
community needs
12/7/2024: Veteran's Council Resources Fair, Vero Beach
1/16/2025: Frog Leg Festival, Fellsmere
1/20/2025: MLK Parade, Gifford
1/25/2025: Friendship Christian Church Community Outreach, Sebastian
2/8/2025: Family Funfest, Oslo
2/26/2025: IRC Sheriff's Annual BBQ, Vero Beach
3/01/2025: Educate and Empower, Gifford ....
3/21/2025: Community Resource Fair, Vero Beach
*Additional survey responses were collected at programs serving children and families, as
well as through our Human Services Department.
11
Community Feedback
Survey Results"
Trends:
Mental & Behavioral Health
"There is a revolving door of providers and little follow-through."
"More robust mental health assistance for students from pre -K through: f2th
grade."
"Help for children of trauma."
"Families need case managers to help navigate: mental health :care systems."
12
Community Feedback *ARCO
Results
U
Trends:.
Programs/ Mentorship for Teens
"Teens need places to go that aren't just about sports—clubs, volunteering, and job
training matter too."
"Mentorship and leadership programs are essential to teen development."
"Anything for teens to safely learn and socialize together."
"More youth programs, especially for young men who struggle with substance abuse and
depression. "
13
Community Feedback
Survey Results
Trends:
Academic Support
"Tutoring help in reading and comprehension."
7/17/2025
"More programs needed to help students build foundational academic skills." "Reading
literacy, public speaking, entrepreneurship."
"Phonics and tutoring programs that help close learning gaps."
14
0&( 7
Community Feedback
Survey ResultsC!
,U
Trends:Trends:
College & Career Readiness / Real -World Preparation
"More classes that offer real world readiness, like managing money, how to rile taxes,
15
insurance education."
"Financial literacy to help families get out of poverty."
"Real-world application, career exploration, and trade skills are missing from many
youth programs."
"Introduction to trades and internships should start earlier."
Community Feedback
Survey Results
Trends:
Early/Affordable Childcare
"Affordable child care and better access for working families."
"More VPKs through the elementary schools. More quality daycares that can
identify early intervention is needed."
7/17/2025
"There's no way a single mom making $45,000 can afford a $2,100 apartment and
daycare without help."
"Child care that goes past 6 PM would help so many parents who work full time."
16
*ARCO
Increased Accountability
17
Impact -Driven RFP Process /:A,,
A,,R-C
• Aligned with updated Needs Assessment and funding priorities
• Scoring rubric focusing on program's accountability, sustainability, and results
o Clear outcomes and measurable expectations required
o Emphasis on prevention, early intervention, and underserved areas
o Funding tied to program performance and community impact
7/17/2025
W 9
Fiscal Accountability and Governance
• Financial Stability in the Grant Application
o Applicants complete a financial stability section with questions on:
■ CPA reviews
■ Internal controls
■ Working capital
■ Liquid asset ratio
• Programs must explain other funding sources and provide realistic cost estimates
• Site Visits and Program Monitoring
19
CSAC Audits:
7/17/2025
Fiscal
Responsibility
and Governance
• Requirements of Indian River County:
• Per County Policy, any agency receiving over $100,000 is required to submit an
independent audit to the Indian River County Budget Department.
• Five agencies are required through this policy for FY25-26
• Additional safeguards through CSAC:
o 21 out of the remaining 25 agencies recommended for funding voluntarily submitted
an independent audit during the FY25-26 RFP process.
• Audit Integration and Financial Oversight
• FY 23/24: Clerk of Court audit found no duplication in jointly funded programs
• FY 24/25: Audit identified and corrected duplication in a new program
c) FY 25/26: Annual audits added for programs receiving multiple local funding sources
20
(a6 f 10
7/17/2025
Increased Accountability Measures:
• De -obligation of Funds
o Funds maybe reduced or reallocated if outcoKries Bre not, met or funds are not used as proposed
..
4/2/2024 Children's Home Society Teen Life Choices $30,000.00
$8,311.00 Program terminated
Adolescent Substance
Challenges in staffing
Substance Awareness
4/19/2024
Use Outpatient
$50,000.00
$50,000.00
qualified professionals to
Center (Thrive)
Treatment Program
deliver programing
Program could not deliver
10/15/2024 Motivational Edge
Bridging Hope Program
$15,000.00
$15,000.00
on outcomes due to high
turnover of staff
After School Music
Program's outcomes did
The Salvation Army of
2/10/2025
Education for Children
$10,000.00
$10,000.00
not fully align with CSAC's
Indian River
& Youth
Focus Area
*Hibiscus Children's Center,
SafeCare - Parenting
Projected remaining
7/7/2025
Inc.
Education Home
$35,000.00
$3,200.00
balance at end of year
Visitation Program
7/7/2025 *Tykes &Teens, Inc.
Trauma Informed Care
$75,000.00
$33,393.71
Staff role change
'Pending Board Approval
$119,904.71
21
22
Professional Development
Impact in Action
September- Sharing your Story
October- Create your Story: Hands on
Workshop
Grant Writing
January- Backwards Design
January- Defining Outcomes and
Identifying Research Based Assessments
February- Grant Writing Workshop
March- Peer Review and Feedback
23
Professional Development
Creating Strong Governance
• July- Building a Board 101
• August- Board Governance
• September- Strategic Planning
2025/2026 Upcoming Topics
• Finance and Budgeting
• Strengthening Program Alignment
and Impact
• Research -based Programs and
Measurable Outcomes
• Program Evaluation
24
.ARC.
w
.1
Community
Impact
7/17/2025
& - 12
. Onboarding provided for all new CSAC
Committee and Subcommittee
members
. Returning members also invited to
attend for a refresher
. Covered roles, responsibilities, Sunshine
Law, and scoring process One-on-one
. meetings held with each new member
for any questions Designed to build
. confidence, clarity, and consistency in
the review process
25
t
Get Involved! C'&,
Be a part of the change you want to see in Indian River
County.
• Volunteer
• Join a Board or Advisory Committee
o Attend a Site Visit
* Spread the Word
26
U�(•13
27
7/17/2025
The Process
CSAC Funding
Recommendation Process
Grant Subcommittee Pre -work
• Identified and followed conflict of interest procedures
• Reviewed and Scored Applications
o The Subcommittee dedicated over 900 volunteer hours to the process.
• Grant Presentations
• Compiled Scores
• Created Ranked Spreadsheets
28
U,W-14
CSAC Funding *ARCO
Recommendation Process';
Grant Funding Recommendation, s
Discussion and Deliberation
Determined Funding Amounts
Voted on Recommendations
e CSAC Committee Approval
*Members with a conflict of interest on any specific application recused themselves from scoring, discussion, and voting on individual programs, in
accordance with County policy and Florida's Sunshine Law.
29
FY25/26 CSAC Funding
Recommendation
> Health and Well-being
. Promotion of Physical Health, 4/4
Advancements in Posltive Behavioral Health -
3/4
"Access to Prenatal Care- 3/3
Identification and Expansion for Children with
Special Needs- 1
11 out of 12 Programs were
Recommended for funding
Total- $663,500
Nurturing Families and
Communities
I, Decrease In Childhood Adversity- 7/10
- Reduction In3uvenlle Delinquency- 3/3
10 out of 13 Programs
Total- $275,985
..Success in School and Life
a Improvemant:ln Academic Performance- 11/11
s Increase In.Ondergarten Readiness- 10/11
• Expanslon of Pathways college and Career
Success- 4/5
.25 out of 27 Programs
Total- $2,2611648
30
1 ENHANCED ACCESS TO
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1.INCREASE IN
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ADVERSITY
KINDERGARTEN READINESS
(3 Programs, $170,000)
(7 Programs, 5230.700)
(10 Programs, $1,263,760)
• lN1!MTEPRENATALCARE
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(11 Programs, 5664,8661
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13 Programs, $4.5,235)
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t3 Programs, 5310,000)
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r _`?4
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' S tUCENTS 6v Dp,Mpµ.
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7/17/2025
Approval for Recommendation of Funding
Health and Well Being
12 Programs -Total of $663,500
31
7/17/2025
Approval for Recommendation of Funding
Nurturing Families
and Communities
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Indian River County, Florida
* * MEMORANDUM
�ORiOy'
File ID: 25-0740
/ 3�f
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Type: Department Staff Report Meeting Date: 7/15/2025
TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich Jr., County Administrator
FROM: Chris Balter, Director, Planning & Development Services
DATE: July 02, 2025
SUBJECT: Overview of Regional Food Truck Regulations and Policy Considerations for
Indian River County
BACKGROUND
Food trucks, officially classified by the State of Florida as Mobile Food Dispensing Vehicles (MFDVs), have become an
increasingly common fixture in the culinary and small business landscape. In response to this trend, many counties and
municipalities throughout Florida have adopted local ordinances allowing food trucks to operate under clearly defined
conditions. While Florida Statutes preempt local governments from imposing their own licensing or permit fees for these
vehicles, local jurisdictions maintain the authority to regulate zoning, operational hours, site compatibility, and aesthetic
standards.
Currently, Indian River County does not have a dedicated ordinance governing mobile food vendors. As interest in food
truck activity continues to grow among vendors, event organizers, and property owners, the absence of a formal
regulatory framework presents challenges in ensuring consistency with zoning standards, code enforcement practices, and
preservation of the County's small-town character.
ANALYSIS
In response to Board direction, Planning staff conducted a comparative review of food truck regulations across the
following Florida jurisdictions:
• Brevard County
• City of Melbourne
• City of West Melbourne
• City of Palm Bay
• City of Port St. Lucie
• St. Lucie County
• City of Fort Pierce
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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Martin County
Most jurisdictions reviewed treat food trucks as accessory uses permitted within designated commercial or industrial
zoning districts. Common regulatory elements include restrictions on hours of operation (typically between 6:00 a.m. and
11:00 p.m.), daily removal requirements, and prohibitions on operation in residential zones. Many also include
appearance and compatibility standards that restrict tents, seating, amplified sound, and external signage to maintain a
clean, temporary aesthetic.
Additionally, food trucks are generally allowed to operate on public property only when part of a permitted, government -
sanctioned event. This approach ensures that public safety and land use compatibility are maintained while supporting
local festivals and community programming.
In contrast, Indian River County currently lacks specific zoning and operational regulations for MFDVs. Vendors are
subject only to general zoning and state -level business and health requirements. Without a dedicated ordinance, there is
no consistent framework to regulate location, duration, appearance, or potential impacts on adjacent uses.
BUDGETARY IMPACT
N/A
PREVIOUS BOARD ACTIONS
At the May 6th Board of County Commissioners meeting, the Board directed staff to research how other
jurisdictions regulate mobile food vendors and to present a comparative analysis of those findings for the
Board's consideration.
POTENTIAL FUTURE BOARD ACTIONS
Depending on Board direction, staff may return with a draft ordinance outlining proposed regulations for
mobile food vendors in Indian River County.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends that the Board receive and consider the presentation outlining regional food truck regulations
and provide direction to staff regarding the potential development of a food truck ordinance for Indian River
County. This ordinance would be designed to reflect best practices observed in peer communities while
preserving the County's small-town character and ensuring compatibility with existing land uses.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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Mobile Food Vendors:
Regional Trends
&t Local Options.
Prepared for the Indian River County
Board of County Commissioners
July 15, 2025
1
Purpose of Presentation
SUMMARIZE FOOD -TRUCK IDENTIFY BEST PRACTICES
REGULATIONS IN NEARBY COMPATIBLE WITH
JURISDICTIONS SMALL-TOWN CHARACTER
PRESENT A TAILORED ADDRESS COMMON
FRAMEWORK FOR INDIAN CONCERNS RAISED
RIVER COUNTY
2
7/15/2025 Item 13.1.1
w - 1
Preempts local licensing,
registration, permits, &t fees for
mobile food dispensing vehicles
Local governments may
regulate: zoning, hours, site
s�andards
Ln by
No Current Ordinance: County code has no dedicated
food truck regulations - an old 1990 rule effectively
prohibits food trucks in unincorporated areas
Enforcement Challenges: Decades-otd restrictions
went largely unenforced until recently. A May 2025',
incident saw a local vendor shut down after
operating for months, exposing confusion and
inconsistency in enforcement
Missed Opportunities: The lack of clear policy means
Indian River County isn't benefiting from the
economic and community perks food trucks offer
(small business growth, vibrant public events) -
neighboring areas have tapped into these benefits.
Port St. Lucie Allowed in
By permit:, ,; lam -11 `f
CN/CG/CS/IN
only
/WI
PalmBayes Allowed inEvent
onl
u.r LL/ HODMU/
LI u w
Melbourne Allowed "Not allowed Ends by Varie
commercial
9-10 pm "
lots
Fort Pierce ,";Temp. use (<3
Events only Daily removal Temp use
.,.-.;days) nor .a _
.. ..
....
5
►::Commercial/industriaC
-
zoning only- no residential
Vending
Common
so -Self-contained
units (no
external hookups or loud
Regional
generators)' .
Themes
►
Event=based flexibility on
'property
public ...
►
Daily removal or strict
duration limits
►
Strong fire -safety St
r
sanitation requirements
6
CD3 -3
7/15/2025 Item 13.1.1
7
003.4
7/15/2025 Item 13.1.1
Draft Framework
Appearance Bt.,Cbmpl ace
► No tables, chairs, tents, or exterior signage
► Quiet generators only; no utility hookups
► Display DBPR license Ft recent fire inspection
► Operate on paved surface; maintain clear traffic flow
► Code Enforcement penalties for violations
10
W3.5
Visual Aids for public
compliance
1w ►
Create a simple and . . . . . .
,..
friendly flier that
describes the food
°°"`° `""
U� ' a7e�iu tnaYsedal
truck rules and
• Industrial melna
—
regulations within our
county
k ►
Contains easy
understandable
information that's
easy to follow .
►
Available within
county website and
easily searchable.
10
W3.5
7/15/2025 Item 13.1.1
11
&0 6
File ID: 25-0742
Indian River County, Florida
MEMORANDUM
/3 i:�
Indian River County
Administration Complex
1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
Type: Department Staff Report Meeting Date: 7/15/2025
TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich Jr., County Administrator
FROM: Ryan Sweeney; Assistant Planning & Development Services Director
DATE: July 1, 2025
SUBJECT: Planning and Zoning Commission's Request for a Joint Workshop with the
Board of County Commissioners to Discuss the Planned Development (PD)
Review and Approval Process
BACKGROUND
At their regular meeting of June 12, 2025, the Planning and Zoning Commission (PZC) passed a motion, by a
vote of 7-0, to request a joint workshop with the Board of County Commissioners (BCC) to discuss the planned
development (PD) review and approval process.
ANALYSIS
N/A
BUDGETARY IMPACT
N/A
PREVIOUS BOARD ACTIONS
N/A
POTENTIAL FUTURE BOARD ACTIONS
If the BCC approves this request, then staff will schedule a joint special call workshop between the PZC and
the BCC to discuss the PD review and approval process. Depending on the direction provided at the workshop,
the BCC may also consider additional policy changes and/or formal LDR amendments to the PD review and
approval process.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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664
STAFF RECOMMENDATION
Staff recommends that the BCC direct staff to schedule a joint special workshop between the PZC and the BCC
to discuss the PD review and approval process in the Fall of 2025.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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/`SAI
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
MEMORANDUM
File ID: 25-0741 Type: Attorneys Matters Meeting Date: 7/15/2025
TO: Indian River County Board of County Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Jennifer W. Shuler, County Attorney
FROM: Susan J. Prado, Deputy County Attorney
DATE: July 2, 2025
SUBJECT: Resolution Designating Planning Services as Administrative Authority
overseeing plating process and Designating County Administrator as
Administrative Official for Approval of Plats.
BACKGROUND
Florida Statutes Chapter 177 provides rules for subdivision of land and plat creation for all local
government bodies in the State of Florida. Under these rules all plats had to be approved by the local governing
bodies where the land to be subdivided is located. During this last legislative session the Legislature proposed
Senate Bill 784 which made some large amendments to the plating process in chapter 177. (A copy of SB 784
is attached hereto for reference.) On June 20, 2025, Governor Desantis signed Senate Bill 784 into law with an
effective date of July 1, 2025. There are a few larger key factors that affect local governments, which the
County will need to address via changes to its code of ordinances as well as via adoption of resolutions.
The first significant change is the time frame in which final plats/replats are to be reviewed. The time
period was shrunk to seven (7) business days for final plats and replats. This change will require a future code
amendment to bring our code consistent with the amended law as well as policy changes on how the plating
process will need to be handled by the County moving forward.
The next significant change is removing the approval of final plats and replats from local governing
bodies and making the approval process purely administrative. This requires the local governing body to
designate either via ordinance or resolution an administrative officer to approve, approve with conditions, or
deny a final plat or replat. This issue is in front of the Board today for consideration. The recommendation is to
designate the County Administrator and/or his/her designee as the administrative officer who will perform
administrative approval of all final plats and replats.
Another item of significance is the acceptance of dedications which used to take place via
approval/acceptance of the plat/replat by the Board. The Board will no longer be approving/accepting the
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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plat/replat, but Florida Statute Section 177.081(3) still requires dedications to be accepted by the governing
body so there will need to be a resolution brought forward to the Board after the acceptance of a plat/replat by
the administrative authority for the Board to accept any dedications made to the County.
The new amended statute also requires that the local governing body designate by ordinance or
resolution an administrative authority to receive, review, and process final plat or replat submittals. The
Planning and Services Division has historically served as the department that oversaw intake and routing of all
planning items, final plats and replats included. Today we are seeking that the board officially designate the
Planning and Services Division as the Administrative Authority over plating pursuant to amended Florida
Statute Section 177.071 via the attached proposed resolution.
Any amendments to County Code will need to be made at a later date in order to meet all notice
requirements.
ANALYSIS
N/A
BUDGETARY IMPACT
Not applicable at the current time, but may change when time comes to update county code sections.
PREVIOUS BOARD ACTIONS
N/A
POTENTIAL FUTURE BOARD ACTIONS
Adoption of updated ordinances to reflect changes needed to comply with amended Florida Statutes.
STRATEGIC PLAN ALIGNMENT
N/A
OTHER PLAN ALIGNMENT
N/A
STAFF RECOMMENDATION
Staff recommends:
1) The Board officially designate the Planning and Services Division as the administrative authority to receive,
review and process final plats/replats.
2) Designate the County Administrator and/or his/her designee as the administrative officer with the
responsibility of approving, approving with conditions, or denying the proposed final plat/replat.
3) Planning and Services Division bring to the Board a resolution for acceptance the dedications made to the
County via the plat/replat after said plat/replat has been accepted and recorded.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
powered by Legistarn 667
RESOLUTION NO. 2025-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE PLANNING
SERVICES DEPARTMENT AS THE ADMINISTRATIVE AUTHORITY TO
RECEIVE, REVIEW AND PROCESS PLATS OR REPLAT SUBMITTALS
AND DESIGNATING THE COUNTY ADMINISTRATOR OR HIS/HER
DESIGNEE AS THE ADMINISTRATIVE OFFICIAL RESPONSIBLE FOR
APPROVING, APPROVING WITH CONDITIONS, OR DENYING A
PROPOSED PLAT OR REPLAT AND GRANTING AUTHORITY TO
ACCEPT DEDICATIONS MADE VIA PLAT.
WHEREAS, pursuant to chapter 177 of the Florida Statutes all final plats and
replats must be submitted for review and approval by the local government in which the
property is physically situated; and
WHEREAS, the Board of County Commissioners of Indian River County
("Board") was required to approve all plats and replats within the unincorporated County
pursuant to section 177.071, Florida Statutes; and
WHEREAS, on June 20, 2025 an amendment to section 177.071, Florida
Statutes, was signed into law by Governor Desantis with an effective date of July 1,
2025 which removes the authority of local governing bodies to approve final plats and
replats and places the approval of same in the hands of an administrative authority
designated by the local governing body; and
WHEREAS, the same amendment calls for the local governing body to designate
an administrative authority to receive, review, and process plats and replats; and
WHEREAS, the Planning and Services Department pursuant to section 913.07,
Indian River County Code, currently serves as the department through which all plats
and replats are submitted and overseen; and
WHEREAS, to reinforce what is already in place and to comply with the newly
amended section 177.071, Florida Statutes, the Board hereby officially designates the
Planning and Services Department as the administrative authority to receive, review,
and process plat and replat submittals; and
668
RESOLUTION NO. 2025 -
WHEREAS, in order to comply with the newly amended section 177.01, Florida
Statutes, the Board must also designate an administrative officer to be responsible for
approving, approving with conditions or denying a proposed plat or replat; and
WHEREAS, to further comply with amended section 177.071, Florida Statutes,
the County Administrator and/or his/her designee shall be designated as the
administrative officer,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
1) The Planning and Services Division is hereby designated as the
administrative authority pursuant Section 177.071, Florida Statutes.
2) The County Administrator and/or his/her designee is designated as the
administrative official responsible for approving, approving with conditions, or
denying a plat or replat.
The resolution was moved for adoption by Commissioner ,
and the motion was seconded by Commissioner , and, upon
being put to a vote, the vote was as follows:
Joseph E. Flescher, Chairman
Deryl Loar, Vice Chairman
Susan Adams, Commissioner
Joseph Earman, Commissioner
Laura Moss, Commissioner
The Chairman thereupon declared the resolution duly passed and adopted this day
of July, 2025.
669
RESOLUTION NO. 2025 -
Approved as to form
And legal sufficiency:
in
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
BY:
Joseph E. Flescher, Chairman
BCC approved:
ATTEST: Ryan L. Butler, Clerk and
Comptroller
By:
Susan J. Prado Deputy Clerk
Deputy County Attorney
670
CHAPTER 2025-164
Committee Substitute for Committee Substitute for
Committee Substitute for Senate Bill No. 784
An act relating to platting; amending s. 177.071, F.S.; requiring that certain
plat or replat submittals be administratively approved with no further
action by certain entities under certain circumstances; requiring the
governing body of such county or municipality to designate an adminis-
trative authority to receive, review, and process plat or replat submittals;
providing requirements for such designation; defining the term "admin-
istrative authority"; requiring the administrative authority to submit a
certain notice to an applicant; providing requirements for such notice;
requiring the administrative authority to approve, approve with condi-
tions, or deny a plat or replat submittal in accordance with the timeframe
in the initial written notice to the applicant; requiring the administrative
authority to notify the applicant in writing if it declines to approve a plat
or replat submittal; requiring that the written notification contain the
reasons for denial and other information; prohibiting the administrative
authority or other official, employee, agent, or designee from requesting or
requiring that the applicant request an extension of time; amending s.
177.111, F. S.; conforming provisions to changes made by the act; providing
an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 177.071, Florida Statutes, is amended to read:
177.071 Administrative approval of plats plat by designated county or
municipal official geven3dxg bedies.—
(1)(a) A plat or replat submitted under this part must be administra-
shall designate, by ordmance or resolution, an administrative authority to
receive, review, and process the plat or replat submittal, including
designating an administrative official responsible for approving, approving
with conditions, or denying the proposed plat or replat.
(b) As used in this section, the term "administrative authority" means a
department, division, or other agency of the county or municipality. For
purposes of issuing a final administrative approval of a plat or replat
submittal, the term also includes an administrative officer or employee
designated by the governing body of a county or municipality, including but
not limited to, a county administrator or manager, a city manager, a deputy
county administrator or manager, a deputy city manager, an assistant
county administrator or manager, an assistant city manager, or other high-
ranking county or city department or division director with direct or indirect
CODING: Words striekea are deletions; words underlined are additions. 671
Ch. 2025-164 LAWS OF FLORIDA Ch. 2025-164
oversight responsibility for the county's or municipality's land development,
housing, utilities, or public works programs.
(2) Within 7 business days after receipt of a plat or replat submittal, the
administrative authority shall provide written notice to the applicant
acknowledging receipt of the plat or replat submittal and identifying any
missing documents or information necessary to process the plat or replat
submittal for compliance with s. 177.091. The written notice must also
provide information regarding the plat or replat approval process, including
requirements regarding the completeness of the process and applicable
timeframes for reviewing, approving, and otherwise processing the1p at or
replat submittal.
(3) Unless the applicant requests an extension of time, the adminis-
trative authority shall approve, approve with conditions, or deny the plat or
replat submittal within the timeframe identified in the written notice
provided to the applicant under subsection (2). If the administrative
authority does not approve the plat or replat, it must notify the applicant
in writing of the reasons for declining to approve the submittal. The written
notice must identify all areas of noncompliance and include specific citations
to each requirement the plat or replat submittal fails to meet. The
administrative authority, or an official, an employee, an agent, or a designee
of the governing body, may not request or require the applicant to file a
written extension of time.
(4)44 Before a plat or replat is offered for recording, it must be
administratively approved as required by this section by the ^......,...riate
governing body, and evidence of such approval must be placed on the plat or
replat. If not approved, the governing body must return the plat or replat to
the professional surveyor and mapper or the legal entity offering the plat or
replat for recordation. For the purposes of this part:
(a) When the plat or replat to be submitted for approval is located wholly
within the boundaries of a municipality, the governing body of the
municipality has exclusive jurisdiction to approve the plat or replat.
(b) When a plat or replat lies wholly within the unincorporated areas of a
county, the gevefning b-Od - of the county has exclusive jurisdiction to
approve the plat or replat.
(c) When a plat or replat lies within the boundaries of more than one
county, municipality, or both governing body, two plats or replats must be
prepared and each county or municipality^-•^~ ing body has exclusive
jurisdiction to approve the plat or replat within its boundaries, unless each
county or municipality with jurisdiction over the plat or replat agrees the
governing bodies having said , sdiefie agree that one plat is mutually
acceptable.
ffi�24 Any provision in a county charter, or in an ordinance of any charter
county or consolidated government chartered under s. 6(e), Art. VIII of the
2
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Ch. 2025-164 LAWS OF FLORIDA Ch. 2025-164
State Constitution, which provision is inconsistent with anything contained
in this section shall prevail in such charter county or consolidated
government to the extent of any such inconsistency.
Section 2. Section 177.111, Florida Statutes, is amended to read:
177.111 Instructions for filing plats fit.—After the approval by the
appropriate administrative authority moody required by s. 177.071,
the plat or replat must shell be recorded by the circuit court clerk or other
recording officer upon submission thereto of such approved plat or replat.
The circuit court clerk or other recording officer shall maintain in his or her
office a book of the proper size for such papers so that they will shall not be
folded, to be kept in the vault. A print or photographic copy must be filed in a
similar book and kept in his or her office for the use of the public. The clerk
shall make available to the public a full size copy of the record plat or renlat
at a reasonable fee.
Section 3. This act shall take effect July 1, 2025.
Approved by the Governor June 20, 2025.
Filed in Office Secretary of State June 20, 2025.
3
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Indian River County
Indian River County Florida Administration Complex
_ 1801 27th Street
Vero Beach, Florida 32960
indianriver.gov
MEMORANDUM
File ID: 25-0689 Type: Commissioners Matters Meeting Date: 7/15/2025
TO: The Board of County Commissioners
THROUGH: John T. Titkanich
FROM: Deryl Loar, Commissioner
DATE: June 20, 2025
SUBJECT: Quarterly Updates from County Administrator & County Attorney
BACKGROUND
At the December 3, 2024 Board of County Commission Meeting, the County Administrator and County
Attorney provided the members of the Board with an objective overview of their tenures that included their
achievements, obstacles and future vision. The Board unanimously agreed that the County Administrator and
County Attorney would return to provide quarterly progress reports at the Board of County Commissioners
meeting.
Commissioner Loar is requesting an update from both John Titkanich, County Administrator and Jennifer
Shuler, County Attorney regarding their achievements, obstacles and future vision.
STAFF RECOMMENDATION
Present updates.
Indian River County, Florida Page 1 of 1 Printed on 7/10/2025
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16181
Indian River County
Indian River County, Florida Administration Complex
1801 27th Street
Vero Beach, Florida 32960
* * indianriver.gov
IOA MEMORANDUM
File ID: 25-0733 Type: Solid Waste Disposal Meeting Date: 7/15/2025
District
TO: The Solid Waste Disposal District Board of Commissioners
THROUGH: John A. Titkanich, Jr., County Administrator
THROUGH: Sean C. Lieske, Director of Utility Services
FROM: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District
DATE: July 2, 2025
SUBJECT: Final Pay to Biogas Engineering for the High Pressure Gas Skid Project
BACKGROUND
On April 5, 2022, the Solid Waste Disposal District (SWDD) Board approved an agreement with Biogas Engineering (BGE) in the
amount of $789,000; followed by the approval of Change Order No. 1 on May 10, 2022, in the amount of $292,570; and the approval
of Change Order No. 2 on September 20, 2022, in the amount of $112,980, for a total authorization of $1,194,550 for the High
Pressure Gas Skid (HPGS) Project.
BGE authorized scope of work included a turnkey project for the fabrication of the HPGS, the delivery and
start-up assistance. The delivery included an estimate of $18,000 for freight; however, the actual freight cost
were $22,490.22, or $4,490.22, over the estimated amount. The HPGS project is complete and SWDD is now
sending landfill gas to the Nopetro Eco District Renewable Natural Gas plant. BGE has submitted the final
invoice for $58,827.50 which is over the total contract amount by $4,490.22, the amount of the freight overage.
ANALYSIS
BGE has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of
$1,199,040.22, which includes the final invoice of $58,827.50.
BUDGETARY IMPACT
Landfill gas flare skid improvements are considered a "closure activity" and, as such, is funded from an escrow
account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding
for the landfill gas flare skid improvements in the amount of $58,827.50 is available in the SWDD/Accrued
Closure - I, II & Infill account, number 411-239006, which is funded from SWDD assessments and user fees.
PREVIOUS BOARD ACTIONS
Item 15.13.3, File #22-0264, was approved by the SWDD Board on April 5, 2022.
Item 15.13.3, File #22-0369, was approved by the SWDD Board on May 10, 2022.
Item 15.13.2, File #22-0791, was approved by the SWDD Board on September 20, 2022.
Indian River County, Florida Page 1 of 2 Printed on 7/10/2025
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STRATEGIC PLAN ALIGNMENT
Infrastructure
STAFF RECOMMENDATION
Solid Waste Disposal District staff recommends that its Board approve Biogas Engineering final invoice
amount of $58,827.50.
Indian River County, Florida Page 2 of 2 Printed on 7/10/2025
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BIOGAS
ENGINEERING
BIOGAS ENGINEERING
Biogas Engineering
3816 Stineman Court, Suite 203
Long Beach CA 90808
United States
WWW.BIOGASENG.COM
BILL TO
Himanshu Bokaria
Indian River County
Solid Waste Disposal District
1325 74th Avenue SW Vero
Beach FL 32968 United
States
INVOICE #:1749
DATE:
04/30/2025
SUBTOTAL $58,827.50
TOTAL $58,827.50
AMOUNT PAID $0.00
AMOUNT DUE $58,827.50