HomeMy WebLinkAbout2009-262 140 b v
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Grant No . / Name FL0113C4H090800 / CoCwide TRA
Official Contact Person Bradley Bernauer / Director County Human Services
& mail Address tchscinc_office@bellsouth . net
Telephone 772 - 567 - 8000 x 1206
Fax No . 772 - 567 - 5991
Tax ID No . 59 - 6000674
2008 SHELTER PLUS CARE AGREEMENT - New Projects
This Agreement is made by and between the United States Department of Housing and Urban
Development ( HUD ) and the Recipient, which is described in section 1 of Exhibit (fill in the
appropriate exhibit number) .
This Agreement will be governed by Subtitle F of Title IV of the McKinney-Vento Homeless
Assistance Act 42 U . S . C . 11301 et seg. (the Act) ; the HUD Shelter Plus Care Program final rule
codified at 24 CFR 582 ("the Rule ") , which is attached hereto and made a part hereof
as Exhibit 1 ,
and the Notice of Fund Availability ( NOFA) , that was published in two parts . The first part was
the
Policy Requirements and General Section of the NOFA, which was published March 19 , 2008 , at 73
FR 14882 , and the second part was the Continuum of Care Homeless Assistance Programs NOFA
Section of the NOFA, which was published July 10 , 2008 , at
73 FR 39840 . The terms " Grant" or " Grant Funds" mean the funds for rental assistance that
are
provided under this Agreement . The term "Application " means the application submission on the
basis of which the Grant was approved by HUD , including the certifications, assurances, and any
information or documentation required to meet any grant award conditions . The Application is
incorporated herein as part of this Agreement; however, in the event of any conflict between the
Application and any provision contained herein , this Shelter Plus Care Agreement shall control .
The following are attached hereto and made a part hereof .
X Exhibit 1 - The Shelter Plus Care Program Rule
X Exhibit 2 - for Tenant- based Rental Assistance
Exhibit 3 - for Project- based Rental Assistance
Exhibit 4 - for Sponsor- based Rental Assistance
Exhibit 5 — for Section 8 Rehabilitation for SRO
Exhibit 5A — Subgrant for the Administration of Rental Assistance (for SRO)
HUD notifications to the Recipient shall be to the address of the Recipient as stated in the
Application , unless HUD is otherwise advised in writing . Recipient notifications to HUD shall be to the
HUD Field Office executing the Agreement .
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Recipient agrees to conduct an ongoing assessment of the rental assistance and supportive
services required by the participants in the program ; to assure the adequate provisions of supportive
services to the participants in the program ; to be responsible for overall administration of this grant,
including overseeing any subrecipients , contractors and subcontractors ; and to comply with such
other terms and conditions , including record keeping and reports (which must include racial and
ethnic data on participants for program monitoring and evaluation purposes ) , as the Secretary may
establish for purposes of carrying out the program in an effective and efficient manner .
The recipient and project sponsor, if any , will not knowingly allow illegal activities in any
unit
assisted with S + C funds .
Recipient agrees to draw Grant Funds for and to make rental assistance payments on behalf of
eligible program participants at least quarterly .
A default shall consist of any use of Grant Funds for a purpose other than as authorized by this
Agreement, noncompliance with the Act, Rule , any material breach of the Agreement, failure to
expend Grant Funds in a timely manner, or misrepresentations in the Application submission which , if
known by HUD , would have resulted in a grant not being provided . Upon due notice to the Recipient
of the occurrence of any such default and the provision of a reasonable opportunity to respond , HUD
may take one or more of the following actions .
( a ) direct the Recipient to submit progress schedules for completing approved activities ,
( b) issue a letter of warning advising the Recipient of the default, establishing a date by which
corrective actions must be completed and putting the Recipient on notice that more
serious actions will be taken if the default is not corrected or is repeated ,
( c) direct Recipient to establish and maintain a management plan that assigns responsibility
for carrying out remedial actions ;
( d ) direct the Recipient to suspend , discontinue or not incur costs for the affected activity ;
( e ) reduce or recapture the grant;
(f) direct the Recipient to reimburse the program accounts for costs inappropriately charged
to the program ,
(g ) continue the Grant with a substitute Recipient selected by HUD ,
( h ) other appropriate action including , but not limited to , any remedial action legally available ,
such as affirmative litigation seeking declaratory judgment, specific performance ,
damages, temporary or permanent injunctions and any other available remedies .
No delay or omissions by HUD in exercising any right or remedy available to it under the Agreement
shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default .
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This Agreement constitutes the entire agreement between the parties hereto , and may be
amended only in writing executed by HUD and the Recipient . More specifically , Recipient shall not
change sponsor or population to be served , or make any other change inconsistent with the
Application , without the prior approval of HUD . No right, benefit, or advantage of the Recipient
or
Sponsor hereunder be assigned without prior written approval of HUD . The effective date of the
Agreement shall be the date of execution by HUD . HUD will recapture unobligated balances at the
end of the grant period .
By signing below , Recipients that are states and units of local government certify that they are
following a current HUD approved CHAS ( Consolidated Plan ) .This agreement is hereby executed on
behalf of the parties as follows .
UNITED STATES OF AMERICA,
Secretary o usin d Ur evelop ent
BY :
( Signatu
/+1 iUl Director_ CcmmuniPlannin� and Develment Division
(Title)
9 / 1 / 09
ww
( Date )
RECIPIENT
Indian River county Board of County Commissioners
( N Rne of Organization )
BY :
( Signature of A orized Official ) Wesley S . Davis
Chairman
(Title )
October 6 2009
( Date)
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ATTACHMENT 1
EXHIBIT 2
TENANT- BASED RENTAL ASSISTANCE (TRA)
i . The Recipient is Indian River County Board of County Commissioners , 1800 27th Street , Vero
Beach , Florida , 32960 .
2 . HUD agrees, subject to the terms of the Agreement, to provide the Grant Funds in the amount
specified below for the approved project(s) described in the Application . HUD ' s total funding
obligation is $ 364, 500 for 8 ( eight) one- bedroom units of tenant- based rental assistance
to be located in the Tri -county CoC area that includes Vero Beach , Ft . Pierce , and Stuart,
Florida to serve eight ( 8 ) households that are comprised of eight ( 8 ) disabled persons that are
chronically homeless and severely mentally ills and one ( 1 ) non -disabled caregiver adult .
3 . The term of this Grant Agreement shall be five ( 5 ) years .
4 . Recipient shall receive aggregate amounts of Grant Funds not to exceed the appropriate
existing housing fair market rental value under Sec . 8 (c) ( 1 ) of the United States Housing Act
of 1937 in effect at the time the Application was approved . This fair market rent may
be
higher or lower than the fair market rent in effect at the time of application submission . At the
option of the Recipient and subject to the availability of such amounts , the Recipient may
receive in any year (a ) up to 25 percent of such amounts or ( 2 ) such higher percentage
as
HUD may approve upon a demonstration satisfactory to HUD that the Recipient has entered
into firm financial commitments to ensure that the housing assistance described in the
application will be provided for the full term of the contract. Any amounts not needed for
a
year may be used to increase the amount available in subsequent years .
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