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Agenda 07/28/2009 Item #16D 8Agenda Item No. 16D8 July 28, 2009 Pagel of 20 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,763 and approve the associated budget amendment of $330,763 recognizing the funding associated with this award. OBJECTIVE: To assist non -profit agencies, providing care for the homeless and at risk population, through the Board of County Commissioners' (BCC) acceptance of three (3) HUD grant agreements for 2008 Continuum of Care (CoC) funding totaling $330,763 and approval of the associated budget amendment. CONSIDERATIONS: At the May 27, 2003 BCC meeting, the Board gave approval for the County to become the Lead Agency and apply to HUD on behalf of the County's social service agencies for the annual Continuum of'Care Homeless Assistance (CoC) grant. On November 18, 2008 (Item 16D4), the Board approved the submission of a Continuum of Care (CoC) grant application to HUD for three projects requesting $761,753 for homeless funding. HUD recently notified the County that it has received partial funding for three requests in the amount of $330,763. HUD has awarded a grant for the Shelter for Abused Women and Children (SAWCC) in the amount of $113,000, a grant for the Collier County Hunger and Homeless Coalition ( CCHHC) in the amount of $104,646.00 and a grant to St. Matthew's House in the amount of $ 113,117.00. All three grants will pass through the County's Housing and Human Services Department as Collier County's CoC Lead Agency. FISCAL IMPACT: In 2003 when Collier County agreed to become the CoC Lead Agency, both St. Matthew's House and the Collier County Hunger & Homeless Coalition agreed that administration funds would be equally shared between the non - profit agencies and HHS. Collier County's portion of the administration funds for CCHHC and St. Matthew's is $5,444.08. No administration fees are associated with the grant to the Shelter for Abused Women and Children. A 25% cash match is required for supportive services associated with this CoC award. The individual CoC sub recipient organizations will be responsible for providing this match. No County general funds being requested in this grant acceptance. GROWTH MANAGEMENT IMPACT: Implementation of homeless assistance grants will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the County's Growth Management Plan. Agenda Item No. 161D8 July 28, 2009 Page 2 of 20 LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office. This item requires majority vote only. This item is legally sufficient for Board action. -CMG RECOMMENDATION: That the Board of County Commissioners approve and authorize the Chairman to sign grant agreements accepting three Continuum of Care Homeless Assistance grant awards from the U.S. Department of Housing and Urban Development (HUD) totaling $330,763; and approve an associated budget amendment of $330,763 recognizing the funding associated with this award. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Page I of 1 Agenda Item No. 16D8 July 28, 2009 Page 3 of 20 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D8 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330.763 and approve the associated budget amendment of $330,763 recognizing the funding associated with this award. Meeting Date: 7128;2009 9:00:00 AM Prepared By Executive Secretary Public Services Admin. Date 7/13/2009 11:36 AM Margo Castorena Director Date Public Services Domestic Animal Services 7/7/2009 3 :38:22 PM Approved By County Attorney Office 7/13/2009 2:07 PM Marcy Krumbine Director Date Public Services Housing & Human Services 7113/2009 11:18 AM Approved By Kathy Carpenter Public Services Executive Secretary Public Services Admin. Date 7/13/2009 11:36 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 7/13/2009 2:07 PM Approved By Maria Ramsey Public Services Administrator Date Public Services Public Services Admin. 7/15/2009 10:59 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 7/15/2009 1:34 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7115/2009 5:10 PM Approved By Marlene J. Foord Administrative Services Grants Coordinator Administrative Services Admin. Date 7/1512009 8:57 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 711V2009 12:28 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date -. Board of County County Manager's Office 711 812009 12:24 PM Commissioners file: / /C: \AgendaTest \Export\ 133- July% 2028,% 202009 \16. %2000NSENT %20AGENDA \1... 7/22/2009 Agenda Item No. 168 July 28.. 2009 �jucM7W Page 4 of 20 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410 -7000 i1V OL'�'O OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT February 19, 2009 Ms. Shawn Tan Program Coordinator Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Tan: Congratulations! 1 am delighted to inform you that the homeless assistance application(s) submitted by your organization in the 2008 McKinney -Vento homeless assistance competition was selected for funding in the amount of $330,763. Enclosed is a list that contains the name of the individual projects and the project number for each funded application. The Continuum of Care (CoC) Homeless Assistance Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of homeless men, women and children through their local planning efforts and through the direct housing and service programs funded in this year's competition. The programs and CoCs funded through the CoC Homeless Assistance Program continue to illustrate their value by improving accountability and performance every year. I commend you on the outstanding work of your program, and encourage you to continue to strive for excellence in the fight against homelessness. Congratulations again on your award. You will be receiving a letter from your local HUD field office providing more information about finalizing your award. We are counting on you to use these important resources in a timely and effective manner. Enclosure(s) Sincerely, Nelson R. Breg6n General Deputy Assistant Secretary www.hud.gov espanol.hud.gov Enclosure FL0294B4DO60801 FL -606 - REN - HMIS Renewal $ 104,646 FL0295B4DO60801 FL -606 - REN - Shelter Transitional Housing Renewal $ 113,000 FL0296B4DO60801 FL -606 - REN - Wolfe Apartments Supportive Housing Program $ 113,117 Agenda Item No. 16D8 July 28, 2009 Page 5 of 20 Total Award: $330,763 7'ge�a'f�e�D8 July 28, 2009 Page 6 of 20 Recipient: Collier County Board of Commissioners Grant #: FL0294B4D060801 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL 34104 Tax ID #: 59- 6000558 Project Location: 279 Airport Road S., Naples, FL 34104 2008 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of Commissioners the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof._ The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act; the Supportive Housing rule coded at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published March 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 term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. Agenda Item No. 161D8 July 28, 2009 Page 7 of 20 The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: (N /A, ) HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low- Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this 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; or (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; or Agenda Item No. 16D8 July 28, 2009 Page 8 of 20 (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (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 omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. Recipient: Collier County Board of Commissioners Grant #: FL0294B4DO60801 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature and Date Maria Rosa, Ortiz -Hill Print name of signatory Director Community Planning and Development Division Title RECIPIENT Collier County Board of Commissioners Name of Organization M. Authorized Signature and Date Print name of signatory Title Approved as to form & legal sufficiency —0Co e Greene, Assistant County Attorney Recipient: Collier County Board of Commissioners Grant #: FL0294B4DO60801 Agenda Item No. 161D8 July 28, 2009 Page 9 of 20 AT TEST. DWIGHT E. BROCK, 01Q4 Agenda Item No. 16D8 July 28, 2009 Wage 10 of 20 ATTACHMENT A 1. The Recipient is Collier County Board of Commissioners 2. HUD's total fund obligation for this project is $104,646, which shall be allocated as follows: a. Leasing $-0- b. Supportive services $-0- c. Operating costs $-0- d. HMIS $99,663 e. Administration $4,983 Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Recipient: Collier County Board of Commissioners Grant #: FL0294B4D060801 r+ • '7 Recipient: Collier County Board of County Commissioners Grant #: FL0295134D060801 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL34104 Tax ID #: 59- 6000558 Project Location: Shelter /no address 2008 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant 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 Attachment A, attached hereto and made a part hereof.- The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published March 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 term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. Agenda Item No, 16D8 July 28, 2009 Page 12 of 20 HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low- Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment B, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this 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; or (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; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or Agenda Item No. 161D8 July 28, 2009 Page 13 of 20 (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (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 omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. Recipient: Collier County Board of County Commissioners Grant #: FL0295B4DO60801 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature anci Uate Maria Rosa, Ortiz -Hill Print name of signatory Director. CPD Division Title F."XXOT1 '_ Collier Counter Board of Commissioners Name of Organization wo Authorized Signature and Date Print name of signatory Title Approved as to form & 199al sufficiency Colleen Greene, Assistant County Attorney Recipient: Collier County Board of County Commissioners Grant #: FL02951341)060801 Agenda Item No. 16D8 July 28, 2009 Page 14 of 20 IF ,ATTEST: DWIGHT E. BROCK, Cis: By: - Agenda item No. 16D8 July 28, 2009 Page 15 of 20 ATTACHMENT A The Recipient is Collier Count Board of Commissioners 2. HUD's total fund obligation for this project is $113,000 , which shall be allocated as follows: a. Leasing $ -0- b. Supportive services $56,500 C. Operating costs $56,500 d. HMIS $ -0- e. Administration $ -0- 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Recipient: Collier County Board of County Commissioners Grant #: FL02A34D060801 Agenda Item No. 16D8 July 28, 2009 Page 16 of 20 Recipient: Collier County Board of Commissioners Grant #: FL029613413060801 Address: 3050 N. Horseshoe Drive, Suite 110, Naples, FL 34104 Tax ID #: 59- 6000558 Project Location: 279 Airport Road S., Naples, FL 34104 2008 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of Commissioners the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof.- The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act; the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA) that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published March 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 term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the Application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the grant term specified at section 3 of Attachment A. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. Agenda item No. 161D8 July 28, 2009 Page 17 of 20 The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: N( /A) HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low- Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this 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; or (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; or Agenda Item No. 16D8 July 28, 2009 Page 18 of 20 (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (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 omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another, or make any other significant change, without the prior written approval of HUD. Recipient: Collier County Board of Commissioners Grant #: FL0296B4DO60801 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development i� By: Signature and Date Maria Rosa, Ortiz -Hill Print name of signatory D_ irector, Community Planning and Development Division Title RECIPIENT Collier County Board of Commissioners Name of Organization By: Authorized Signature and Date Print name of signatory Title Approved as to form & legal sufficiency y4k�L� Colleen Greene, Assistant County Attorney Recipient: Collier County Board of Commissioners Grant #: FL0296B4D060801 Agenda Item No. 16D8 July 28, 2009 Page 19 of 20 l,b :: EBB": DWIGHT E. SRQCiar ,ua, ti. Agenda Item No. 16D8 July 28, 2009 Page 20 of 20 ATTACHMENT A 1. The Recipient is Collier County Board of Commissioners 2. HUD's total fund obligation for this project is $113,117, which shall be allocated as follows: a. Leasing $ -0- b. Supportive services $34,230 c. Operating costs $73,500 d. HMIS $ -0- e. Administration $5,387 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of 12 months. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. Recipient: Collier County Board of Commissioners Grant #: FL0296B4D060801