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Agenda 06/25/2013 Item #16D11/'1 1-*-1 6/25/2013 16. D.11. EXECUTIVE SUMMARY Recommendation to approve a Grant Agreement Amendment between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2010 Shelter Plus Care Program, Project Number FL0394C4D061000 and accept Collier County Housing Authority's termination of a subrecipient contract in order to change the project sponsor from the County to Collier County Housing Authority. OBJECTIVE: To change the project sponsor of Shelter Plus Care program from the County to Collier County Housing Authority (CCHA). CONSIDERATIONS: The Continuum of Care (CoC) Shelter Plus Care Program provides housing and related supportive services for people moving from homelessness to independent living and provides rental assistance with supportive services to homeless with disabilities. When Collier County government was the Lead Agency it contracted with CCHA to fulfill the requirements of the CoC Shelter Plus Care grant award from HUD totaling $81,840. Now that the County is no longer the Lead Agency, CCHA may serve as the project sponsor and contract directly with HUD. The following table sets forth the history of the Continuum of Care Shelter Plus Care Program: * This action requested in this executive summary is to amend the referenced grant agreement to change the project sponsor to CCHA. ** This action requested in this executive summary is to accept termination of the referenced subrecipient agreement. Packet Page -925- Board Item Date Number Issue/Resolution 5/27/2003 16.A.6 Board accepted the Lead Agency role for the application and monitoring responsibilities associated with the Continuum of Care grant program, along with the Project Sponsor responsibilities for the CoC Shelter Plus Care Program. - 10/11/2011 16.D.1 Board approved a grant agreement accepting the CoC Shelter Plus Care ant award from HUD totaling $81,840* 10/25/2011 16.D.6 Board authorized Collier County. Housing, Human and Veteran Services (HHVS) to evaluate the County's continuing role as the Lead Agency for the CoC Program in Collier County. 01/10/2012 16.D.1 Board approved a subrecipient agreement with the Collier County Housing Authority for it to collaborate with the David Lawrence Center to provide permanent supportive housing with wrap around mental health services. Contract period 01/12/2012 to 01/10/2017. ** 08/02/2012 N/A Collier County Continuum of Care Committee voted to be designated as the Collaborative Applicant (since the new HEARTH Act regulations governing the CoC program replace the term Lead Agency with Collaborative Applicant). 09/25/2012 16.D.1 Board recognized the transfer of responsibilities from Collier County to the CoC. * This action requested in this executive summary is to amend the referenced grant agreement to change the project sponsor to CCHA. ** This action requested in this executive summary is to accept termination of the referenced subrecipient agreement. Packet Page -925- 6/25/2013 16. D.11. If this item is approved, HUD and Collier County Housing Authority will enter into a separate agreement to designate Collier County Housing Authority as the Project Sponsor. HHVS remains committed to the goals of the CoC and will work with HUD officials and Collier County Housing Authority to ensure a successful transfer of the Project Sponsor role. FISCAL IMPACT: An administrative budget amendment is necessary to un- appropriate the budget in the amount of $81,840 within Housing Grant Fund (705), Project 33173. Following the contract termination between HUD and the County, HUD will contract directly with CCHA. There will be no interruption of services to the citizens of the County. LEGAL CONSIDERATIONS: Approval of this item will remove the County's responsibilities and obligations under the CoC Shelter Plus Care grant award. CCHA as the project sponsor will become directly responsible for carrying out all eligible activities. This item is approved as to form and legality and requires a majority vote for approval. - JAB GROWTH MANAGEMENT IMPACT: This application is consistent with the Growth Management Plan. RECOMMENDATION: To approve a Grant Agreement Amendment between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2010 Shelter Plus Care Program, Project Number FL0394C4DO61000 and accept Collier County Housing Authority's termination of a subrecipient contract in order to change the project sponsor from the County to Collier County Housing Authority. Prepared By: Elly Soto McKuen, Operations Analyst; Housing, Human and Veteran Services Packet Page -926- 6/25/2013 16.D. 11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.11. Item Summary: Recommendation to approve a Grant Agreement Amendment between Collier County and the U.S. Department of Housing and Urban Development (HUD) for the 2010 Shelter Plus Care Program, Project Number FL0394C4DO61222 and accept Collier County Housing Authority's termination of a subrecipient contract in order to change the project sponsor from the County to Collier County Housing Authority. Meeting Date: 6/25/2013 Prepared By Name: McKuenElly Title: Grant Support Specialist, Housing, Human & Veteran 5/7/2013 1:59:29 PM 11� Submitted by Title: Grant Support Specialist, Housing, Human & Veteran Name: McKuenElly 5/7/2013 1:59:30 PM Approved By Name: GrantKimberley Title: Interim Director, HHVS Date: 6/7/2013 2:58:41 PM Name: GrantKimberley Title: Interim Director, HHVS Date: 6/7/2013 2:59:26 PM Name: AlonsoHailey Title: Operations Analyst, Public Service Division Date: 6/10/2013 11:45:24 AM Name: DeSearJacquelyn Title: Accountant,Housing, Human & Veteran Services Packet Page -927- Date: 6/11/2013 3:37:38 PM Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 6/11/2013 8:54:53 PM Name: Joshua Thomas Title: Grants Support Specialist, Date: 6/12/2013 11:29:12 AM Name: BelpedioJennifer Title: Assistant County Attorney,County Attorney Date: 6/17/2013 11:10:09 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Manage Date: 6/18/2013 2:58:31 PM Name: KlatzkowJeff Title: County Attorney Date: 6/18/2013 3:46:58 PM Name: OchsLeo Title: County Manager Date: 6/18/2013 5:57:43 PM Packet Page -928- 6/25/2013 16. D.11. W 6/25/2013 16. D.11. i I June 7, 2013 Kimberly Grant Interim Director Collier County Housing, Human and Veteran Services 3339 East Tamiami Trail, Suite 211 Naples, FL 34112 -5361 Dear Ms. Grant: Please accept this letter requesting termination, of the Shelter Plus Care agreement between the Housing Authority and Collier County. As discussed with Ms. Elly McKuen today on the phone, once the agreement is terminated with Collier County, we are of the understanding that we will be able to work directly with HUD on picking up $his agreement to continue the program. Please let me know if you need anything further. Sinee° Esmeralda Serrata Executive Director Cc: Director of Housing 6/25/2013 16. D.11. PtµE"r U.S. Department of Housing and Urban Development *I * 2 Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131 -3042 GRANT AGREEMENT AMENDMENT This Agreement is made between the United States Department of Housing and Urban Development (HUD) and Collier County, Florida, the Recipient. RECITALS 1. HUD and Recipient entered into the Grant Agreement for project number FL0394C4D061000, located in Collier County, Florida. 2. Under the terms of the Grant Agreement, Recipient received a grant from HUD in the amount of $81,840 to be used to carry out the project described in the Grant Agreement over a five- year period. 3. Recipient desires to make changes in the grant to change the sponsor to Collier County Housing Authority. 4. HUD has reviewed the initial application and the proposed changes and has determined that, with the changes, the application ranking would have been high enough to have been competitively selected in the year the application was initially selected. 5. The need for assistance for homeless persons continues within the jurisdiction within which the project is located and the need for the project continues. 6. The same level of services will be provided to the same number of homeless clients as set forth in the original application with no additional HUD funding. 7. HUD has reviewed the project and the performance of the Recipient and has determined that the project is worthy of continuation. 8. HUD and the Recipient have agreed to amend the Grant Agreement as follows: by changing the sponsor. HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.gov emanol.hud.gov Cq Packet Page -930- 6/25/2013 16. D.11. AGREEMENTS 1. The Grant Agreement is hereby changed as follows: The technical submission and the budget are approved to reflect the change in sponsor. 2. The sponsor is changed from Collier County Board of Commissioners to Collier County Housing Authority. 3. The budget remains as follows: Rental Assistance: $81,840 4. The effective date of these changes made is April 5, 2013. 5. All other provisions of the Grant Agreement not previously amended remain as approved. 6. This grant remains in effect until the expiration date of November 11, 2016. This agreement is hereby executed on behalf of the parties as follows: THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OF THE UNITED STATES OF AMERICA, by the Secretary of Housing and Urban Development By: Ann D. Chavis, Director Community Plan #g g and Development Date RECIPIENT Collier County, Florida Georgia A. Hiller, Chairman Collier County Board of Commissioners Date Packet Page -931- APProved as to form and legality Assistant County ,y1Cy AT7c:y DWIGHT E. BROCK, CLERK cq 6/25/2013 16. D.11. AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL0394C4D061000 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the Collier County Housing Authority, Inc., a special independent district of the State of Florida, created in accordance with Florida Statute Section 421.27 et seq., having its principal office at 1800 Farmworkers Way, Immokalee, Florida 34142 and with offices at 5251 Golden Gate Parkway, Naples, Florida 34116, and its Federal Tax Identification number as 59- 1490555 and DUNS #, 040977514 ( "SPONSOR "). WHEREAS, the COUNTY has applied to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care (CoC) Supportive Housing Program (SHP) effective November 15, 2010 and entered into an agreement with the SPONSOR to act on its behalf in the oversight and administration of the HUD Grant for the execution and implementation of a CoC Grant Program in certain areas of Collier County, pursuant to Title IV, Subtitle F, of the McKinney -Vento Homeless Assistance Act (the McKinney Act), § 42 U.S.C. 11403 — 11407b; 11301 et seq, (the Act), final rule codified at 24CFR 582 ( "the Rule "). WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County residents through the SPONSOR according to this Agreement, and WHEREAS, the COUNTY and SPONSOR, in accordance with HUD requirements, are undertaking certain activities to primarily benefit persons with disabilities residing in Collier County who are homeless or at risk of being homeless; and WHEREAS, the Collier County Department of Housing, Human and. Veteran Services (HHVS) further agrees that it will use due diligence in supervising the SPONSOR to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, HHVS desires to engage the SPONSOR to implement such undertakings of the CoC -SHP Program as stated in the approved Shelter Plus Care (S +C) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and. covenants herein contained, it is agreed by the Parties as follows: 2010 -CoC Shelter Plus Care FL0394C4DO61000 CCHA Page I of 30 Packet Page -932- 11*�, W I. 6/25/2013 16.D. 11. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "HHVS" means Collier County's Department of Housing, Human and Veteran Services, and where applicable, its authorized representative(s). (C) "HHVS Approval" means the written approval of the Department of Housing, Human and Veteran Services or designee. (D) "SPONSOR" means the Collier County Housing Authority (CCHA) and where applicable its authorized representative(s). (E) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (F) "Project" means the work contemplated to be performed as set forth in Exhibit "A." (G) "CoC means the Continuum of Care Supportive Housing Pro -rain (H) "SHP" means the Supportive Housing Program. (I) "S+C" means the Shelter Plus Care Program. (J) "Beneficiaries" means persons who are homeless or at -risk of homelessness. (P) "TRA" means Tenant Based Rental Assistance. (L) "SRO" means Single Room Occupancy. II. SCOPE OF SERVICES The SPONSOR shall, in a satisfactory and proper manner, as determined by HHVS, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. III. TIME OF PERFORMANCE The effective date of this Agreement between the Collier County Housing Authority and Collier County HHVS shall be January 10, 2012. The services of the SPONSOR shall be undertaken and completed in light of the purposes of this Agreement. All services required hereunder shall be completed by the SPONSOR prior to January 10, 2017. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS A. The SPONSOR shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by the COUNTY, in an amount not to exceed EIGHTY -ONE THOUSAND, EIGHT HUNDRED FORTY DOLLARS AND 00/100 (U.S. S81,840) for the services described in Exhibit "A" The amount of ZERO DOLLARS ($0.00) to be retained by Collier 2010 -CoC Shelter Plus Care FL0394C4DO61000 CCI-IA Page 2 of 30 Packet Page -933- 6/25/2013 16.D.11. County for grant administration. In the event the project costs exceed the stated amount, the SPONSOR shall be responsible for the excess. B. All improvements specified in Exhibit "A" shall be performed by SPONSOR employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SPONSOR shall enter into contract for improvements xvith the lowest responsive and responsible bidder. Contract administration shall be handled by the SPONSOR and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. The County shall reimburse the SPONSOR for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports. Payments shall be made to the SPONSOR when requested as work progresses but, not more frequently than once per quarter. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Fla. Slat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. D. SPONSOR shall be responsible for providing match funding. SPONSOR shall not seek reimbursement from the COUNTY general funds for this match funding. The SPONSOR may be eligible for other federal grant opportunities. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112, and to the SPONSOR when delivered to its office at the address listed on page one (1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT The SPONSOR shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHVS' Policies and Procedures memoranda. The SPONSOR agrees to comply with the requirements of the final rule at 24 CFR Part 582, of the HUD regulations concerning the CoC -SHP Program and all federal regulations. Should a project receive additional funding after the commencement of this Agreement, the SPONSOR shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS or its designee within forty- five (45) days of said official notification. B. DEBARMENT 2010 -CoC Shelter Plus Care I7L,0394M061000 CCIA Page 3 of 30 Packet Page -934- W 6/25/2013 16.D.1 1. The SPONSOR certifies 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; and, that the SPONSOR shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES REGULATIONS AND LAWS The SPONSOR agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: 1. 24 CFR 582, in the final rule as amended - The regulations governing the CoC -SHP Requirements. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1964 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 5. Executive Order 11.246 ("Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, el. seq. 7. Age Discrimination Act of 1975. . 8. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 9. The accessibility requirements, reasonable modification, and accommodation requirements of the Fair Housing Act and of Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5), as amended. 10. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (URA) (42 U.S. C. 4601 -4655 and implementing regulations at 49 CFR Part 24, Subpart B) as amended. 11. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis - Bacon Act. 2010 -CoC Shelter Plus Care FL0394C417061000 CCHA Page 4 of 30 Packet Page -935- 6/25/2013 16. D.11. 12. The SPONSOR agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 583.330(d). 13. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SPONSOR shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 15. Public Law 100 -430 - the Fair Housing Amendments Act of 1988. 16. OMB A -133 — concerning annual Single Audit. 17. OMB Circulars A -87 and 2 CFR part 225 — which identify cost principles. 18. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 19. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SPONSOR to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. Chapter 1.12, Florida Statutes. 21. Prolubition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 5311. 22. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 2010 -CoC Shelter Plus Care FL0394C4D ©61000 CC1:1A Page 5 of 30 Packet Page -936- 6/25/2013 16.D. 11. 23. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SPONSOR with full decision- making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall. attempt to resolve the dispute through. Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SPONSOR with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Fla. Slat. D. SUBCONTRACTS Any work or services subcontracted by the SPONSOR shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SPONSOR of any subcontract hereunder, such subcontracts must be submitted by the SPONSOR to HHVS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SPONSOR cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SPONSOR or reimbursed by the COUNTY without written approval of HHVS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. 2010 -CoC Shelter Plus Care FL0394C413061000 CCIIA Page 6 of 30 Packet Page -937- 6/25/2013 16.D.11. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SPONSOR shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence; recklessness, or intentionally wrongful conduct of the SPONSOR or anyone employed or utilized by the SPONSOR in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SPONSOR will include a reference to the financial support herein provided by HHVS in all publications and publicity. In addition, the SPONSOR will make a good faith effort to recognize HHVS' support for all activities made possible with funds made available under this Agreement. The SPONSOR will mount a temporary construction sign for construction projects funded by HHVS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. H. TERMINATION In event of termination for any of the reasons identified in sub- sections 1 -3 as follows; all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SPONSOR with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SPONSOR shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SPONSOR, and the COUNTY may withhold any payment to the SPONSOR for set- off purposes until such time as the exact amount of damages due to the COUNTY from the SPONSOR is determined. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written, notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE 2010 -CoC shelter Plus Care FL0394C41)061000 MIA Page 7 of 30 Packet Page -938- 6/25/2013 16.D.1 1. At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SPONSOR for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. I. INSURANCE SPONSOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SPONSOR. LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SPONSOR of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval.. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SPONSOR shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SPONSOR fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SPONSOR shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SPONSOR agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, rates of compensation, leave, unemployment and employee benefits. VIL ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SPONSOR agrees to comply with 24 CFR Part 85and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. The financial management systems used by recipients under this program must provide for audits in accordance with the provisions of 24 CFR part 44 (OMB 2010 -CoC Shelter Plus Care FL0394C41)061000 CCH A Page 8 of 30 Packet Page -939- 6/25/2013 16. D.11. Circular A -133). HUD may perform or require additional audits as it finds necessary or appropriate. B. DOCUMENTATION AND RECORDKEEPING 1. The SPONSOR shall maintain all records required by HUD. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SPONSOR for the purpose of this Agreement shall be made available to the COUNTY by the SPONSOR at any time upon request by the COUNTY or HHVS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS if requested. In any event the SPONSOR shall keep all documents and records for six (6) years after expiration of this Agreement. 3. The SPONSOR. shall submit detailed monthly progress reports to HHVS outlining the status of specific activities under the project. Each report must account for the total activity for which the SPONSOR is paid with HUD funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D -2." 4. The SPONSOR shall maintain records showing compliance with the Davis -Bacon Law, including files containing contractor payrolls, employee interviews, Davis -Bacon wage rates, and administrative cross - referencing. SPONSOR shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SPONSOR shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 5. If indirect costs are charged., the SPONSOR will develop an indirect cost allocation plan for determining the appropriate SPONSOR'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 6. Failure to adequately maintain any former CoC funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CoC funds. 7. The SPONSOR will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SPONSOR further agrees that HHVS shall be the final arbiter on the SPONSOR's compliance with the above. C. REPORTS, AUDITS AND EVALUATIONS Reimbursement will be contingent on the timely receipt of complete and accurate reports 2010 -CoC Shelter Plus Care F10394C413061000 CCHA Page 9 of 30 Packet Page -940- 6/25/2013 16. D.11. required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. The SPONSOR agrees that HHVS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SPONSOR shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SPONSOR shall allow HHVS or HUD to monitor the SPONSOR on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. SPONSOR will be required to submit its Annual Performance Report (APR) to HHVS annually by September 13, of each year. D. ADDITIONAL HOUSING. HUMAN AND VETERAN SERVICES COUNTY, AND HUD REQUIREMENTS The SPONSOR agrees to utilize funds available under this Agreement to supplement rather than supplant fiends otherwise available for specified activities. E. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SPONSOR pursuant to this Agreement; (2) All capital equipment expenditures of $1,000 or more; (3) All out -of=town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stal. unless otherwise required by CoC S +C; (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A "; and (6) All rates of pay and pay increases paid out of CoC funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A -87, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. States, Local Governments and Non -profit organizations that expend $500,000 or more annually in federal awards shall have a single or program- specific audit conducted for that year in accordance with OMB A -133. States, Local Governments and Non -profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program - specife audit performed in accordance with OMB A -13 3. 2010 -CoC Shelter Plus Care FL0394C4I)061000 CCHA Page 10 of 30 Packet Page -941- 6/2512013 16.D.1 1. 2. States, Local Governments and Non -profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A -133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHVS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. When the requirements of OMB A -133 apply, or when the SPONSOR elects to comply with OMB A -133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SPONSOR. A copy of the audit report must be received by HHVS no later than six months following the end of the SPONSOR's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A -133 do not apply or are not elected, the SPONSOR may choose to have an audit performed either on the basis of the SPONSOR's fiscal year or on the basis of the period during which HHVS- federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A -133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHVS no later than six months following each audit period. 5. The SPONSOR shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SPONSOR shall include in all HHVS approved subcontracts each of the recordkeeping and audit requirements detailed in this contract. 1. GRANT CLOSEOUT PROCEDURES SPONSOR's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. 2010 -CoC Shelter Plus Care FL0394C'4DO61000 CCHA Page 1 l of 30 Packet Page -942- 6/25/2013 16.D. 11. n VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SPONSOR agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to tenninate this Agreement. To the greatest extent feasible, lower- income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SPONSOR shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services, the SPONSOR shall make a positive effort to utilize small business and minority /women -owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority /women -owned business enterprises shall be located in or owned by residents of the CoC areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. CONFLICT OF INTEREST The SPONSOR covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SPONSOR. Any possible conflict of interest on the part of the SPONSOR or its employees shall be disclosed in writing to HHVS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate- income residents of the project target area. D. PUBLIC ENTITY CRIMES As provided in § 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Fla. Slat. 2010 -CoC Shelter Plus Care FL0394C4DO61.000 MIA Page 12 of 30 Packet Page -943- 6/25/2013 16. D.11. E. DRUG -FREE WORKPLACE REQUIREMENTS The SPONSOR must certify that it will provide drug -free workplaces in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SPONSORS shall certify and disclose accordingly. G. REAL PROPERTY Any real property acquired by the SPONSOR for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, subpart B, and , and 24 CFR 582.335 shall be subject to the provisions of CoC including, but not limited to, the provisions on use and disposition of property. Any real property within the SPONSOR's control, which is acquired or improved in whole or part with CoC funds in excess of $25,000, must adhere to I-IUD Regulations at 24 CFR 570.505. IX. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SPONSOR agrees to comply with the following requirements: I . Clean Air Act, 41 USC 7401, et seq. 2010 -CoC Shelter Plus Care FL0394C413061000 CCHA. Page 13 of 30 Packet Page -944- 6/25/2013 16.D. 11. 2. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SPONSOR shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. C. LEAD -BASED PAINT The SPONSOR agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead -Based Paint Poisoning Prevention Act found at 24 CFR 570.608. D. HISTORIC PRESERVATION The SPONSOR agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 USC 470) and the procedures set forth in 36 CFR 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties. X. CONDITIONS FOR RELI_GIOUS ORGANIZATIONS CoC funds may not be used for religious activities or provided to primarily religious organizations. Section 24 CFR 582.115 specifies the limitations on CoC funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SPONSOR shall transfer to the COUNTY any CoC S +C funds on hand at the time of expiration, any accounts receivable attributable to the use of CoC S +C funds, and any non - expendable personal property that was purchased with CoC funds. Any real property under SPONSOR control will be covered by the regulations 24 CFR 582. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of thirty (30) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an 2010 -CoC Shelter Plus Care F1,0394C41)061000 CCHA Page 14 of 30 Packet Page -945- 6/25/2013 16. D.11. original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 2010 -CoC Shelter Plus Care FI,0394C4I3061000 CCHA Signature Page To Fallow Page 15 of 30 Packet Page -946- ,,-IN 6/25/2013 16.D. 11. IN WITNESS WHEREOF, the SPONSOR and the County, have ach, respectively, by an authorized person or agent, hereunder set their hands and seals on this j = day of :'"" , Zak fl t� ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK --XLERK COLLIER O _VNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Dated: 1 / i n First Witness ! t Type /print witness name 2010 -CoC Shelter Plus Care FL0394C4DO61 000 COLLIER COUNTY HOUSING AUTHORITY By. OR Signature Esmeralda Serrata Executive Director Type /print SPONSOR name and title Approved as to form and legal sufficiency: Jennifer B.Vhite Assistant County Attorney Page 16 of 30 Packet Page -947- 6/25/2013 16.D.1 1. EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HOUSING AUTHORITY In Partnership with the David Lawrence Center FL -606 New Shelter Plus Care Project FL0394C4DO61000 Operating and Supportive Services A. PROJECT SCOPE: On October 11, 2011, the BCC approved the HUD FY 2010 Continuum of Care Supportive Housing Program's (CoC -SHP) Shelter Plus Care (S +C) renewal grant. The S +C program is designed to link rental assistance to supportive services for hard to serve homeless persons with disabilities (primarily those who are seriously mentally ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases and their families. The program provides grant funds to be used for rental assistance for permanent housing for homeless persons with disabilities. Supportive services are services that address the special needs of eligible person(s); and provides appropriate services or assists such persons in obtaining appropriate services, including health care, mental health treatment, alcohol and other substance abuse services, child care services, case management services, counseling, supervision, education, job training, and other services essential for achieving and maintaining independent living. The Housing Human and Veteran Services (HHVS) department is providing CoC S +C funding to the Collier County Housing Authority (CCHA) who will collaborate with the David Lawrence Mental Health Center (DLC) to provide permanent supportive housing through tenant based housing choice vouchers with wrap- around mental health supportive services for chronically homeless individual adults and families over a period of five years. Funding will be used for the following activities: Administrative Costs: Up to Eight percent (8 %) of the grant amount or SIN THOUSAND FIVE HUNDRED FORTY -SEVEN AND 20/100 DOLLARS ($6,547.20) can be used to pay the cost of administering the housing assistance. Eligible administrative activities include: Processing rental payments to landlords, examining participant income and family composition, providing housing information and assistance, inspecting units for compliance with housing quality standards, and receiving into the program new participants. This administrative allowance does NOT include the cost of administering the supportive services of the grant (e.g. cost of preparing the application, reports or audits required by HUD) are NOT eligible activities under an S +C grant. 2410 -CoC Shelter Plus Care FL0394C4DO61000 CCHA Page 17 of' 0 Packet Page -948- 6/25/2013 16.D. 11. 2. Tenant Based Rental Assistance (TRA)• Rental assistance which permits participants to choose housing of an appropriate size in which to reside. Rental subsidies are provided for five years. Up to 25% of the rental assistance awarded may be spent in any of the five years. S +C funding in the amount of $81,840.00 will be utilized via housing vouchers to assist two (2) housing SRO /units - two (2) eligible low income chronically homeless persons with disabilities, with rent, security and /or utility deposits. The maximum amount of funds for the security deposit may not exceed two months' rent for the unit. A written agreement regarding the terms and conditions of the security deposit must be maintained by the SPONSOR for review by Housing, Human and Veteran Services (HHVS) staff. The utility deposit assistance may be provided in conjunction with a security deposit and/or monthly rental assistance. The utility deposit assistance may be used only for utilities permitted under the Section 8 utility allowance. 3. Supportive Services: addresses the special needs of eligible persons and provides appropriate services or assists such persons in obtaining services including health care, mental health treatment, alcohol and other substance abuse services; child care services, case management services, counseling, supervision, education, job training, and other essential services for achieving and maintaining independent living. The David Lawrence Center will provide the supportive services through comprehensive case management services. The case management of chronically homeless persons is ^ intensive and is provided through a multidisciplinary team and includes an assessment of complex, multiple needs, and linking to and monitoring of ongoing services. The target population for this shelter plus care project includes persons with mental health, substance abuse, or co- occurring disabilities who are at risk of institutionalization. DLC will provide- outreach to locate program participants and will provide wraparound services to participants according to individualized needs. The DLC's services are partially funding through a Project to Assist with Transition from Homelessness (PATH) grant. Along with assistance of the Collier County Housing Authority, case management services will also include interventions with landlords as needed to ensure smooth transitions into permanent housing and to facilitate or maintain mutually effective long term relationships. Match funding: Per 24 CFR Part 582.110 the Sponsor must certify that it will provide or ensure the provision of supportive services, including funding the services itself if the planned resources do not become available for any reason, appropriate to the needs of the population being served, and at least equal in value to the aggregate amount of rental assistance funded by HUD. The match is overall, not year by year. Each participant need not receive the same amount of services as rental assistance. The match is not component by component, but overall. The SPONSOR must provide documentation regarding match funding for purposes of the CoC- SHP -S +C Program. The match funding will be met by the David Lawrence Center utilizing a Projects to Assist with Transition from Homelessness (PATH) Grant in the amount of $81,840.00. They will provide referrals, case management 2010 -CoC Shelter Plus Care FL0394C4DO61000 CCHA Page 18 of 30 Packet Page -949- 6/25/2013 16. D.11. and wrap around mental health services to qualified individuals, including collaborating with other community agencies. The SPONSOR will be required to submit an Annual Performance Report (APR) to HHVS by September 13th, of each year. The SPONSOR will be responsible for the following: a. The creation and maintenance of the income eligibility file on the new position, and documentation that the person/household is eligible under HUD Income Guidelines. b. Prior to occupancy, the SPONSOR shall require and maintain income qualification and proof of legal residency for all households. The SPONSOR shall maintain these files for HHVS' staff review upon request. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). c. The SPONSOR shall maintain Rent Reasonableness documentation. d. The SPONSOR shall require and maintain. HQS inspections and Lead Based Paint documentation (when applicable) per 24 CFR 882.109. The project activities will meet the U.S. Department of Housing and Urban Development's national objective to provide safe, decent, affordable housing. Collier County Housing, Human and Veteran Services is providing Eighty One Thousand Eight Hundred Fortv and 00/100 Dollars ($81,840.00) in CoC- Supportive Housing Shelter Plus Care funding for the project scope described above. The matching funds requirement per 24 CFR Part 582.110 of $81,840 will be met by the David Lawrence Center through supportive services. The match funds must be shovvm in writing as invoices are presented in the aggregate by supportive services that are equal in value to the amount of rental assistance. Line; Item Description HOME Funds Matching Funds Eligible Administrative Activities $6,547.20 Salaries, & Benefits Executive Director Tenant Based Rental Activities $ 75.292.80 Rent Security Deposit Utilities Supportive Services $81,840.00 Comprehensive Case Management by DLC Staff. Along with the CCHA, Case Management will also include 2010 -CoC Shelter Plus Care FL.0394C4D061000 CCHA Page 19 of 30 Packet Page -950- 6/25/2013 16.D.1 1. interventions with landlords for permanent housing. Total CoC -SHP S +C Funding $ 81,840.00 Total Match Funding $81,840.00 TOTAL PROJECT AMOUNT $ 163,680.00 Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. C. PROJECT WORK PLAN: The following Project Work Plan is in effect for program monitoring requirements only and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan 12/2011 12/2016 DLC Selection of qualified recipient(s) 12/2011 12/2016 Perform administration functions for the CoC -SHP S +C DLC staff to submit proof of Program 12/201.1 12/2016 Demonstrate administration of program with staff timesheets and rental, security & utility assistance through rental assistance payment requests and begin selection of tenant 12/2011 12/2016 Begin rental, security deposit and utility assistance 12/2011 12/2016 Completion of all S +C assistance until grant funds are expended D. PAYMENT SCHEDULE: The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Staff to administer the S +C Upon monthly invoicing of allowable expenses program; provide rental assistance; and demonstration TRA assistance DLC staff to submit proof of Equal to amount submitted for TRA and Supportive Service match administrative costs on amonthly basis 2010 -CoC Shelter Plus Care FL03 94C413061 000 CCHA Page 20 of 30 Packet Page -951- EXHIBIT 46A -1." CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Collier County Housing, Human and Veteran Services Public Services Division Date Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: 6/25/2013 16.D. 11. User Name Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # FAX (239) Fax # By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: F" The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. !additional Staffing Categories Professional Position(s) Hourly Rate(s) Draw against Allowance (specify allowance item and identify specific items and quantities) Other: Scope Clarifications as indentified in Schedule B -1, "Clarifications in Scope ", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 20'10 -CoC Shelter Plus Care FL0394C4DO61000 CCHA Page 21 of 30 Packet Page -952- 6/25/2013 16. D.11. EXHIBIT "B" INSURANCE REQUIREMENTS The SPONSOR shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in l — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SPONSOR or the licensed design professional employed by the SPONSOR in an amount not less than $300,000 per occurrence providing for all sums which the SPONSOR and /or the design professional shall become legally obligated to pay as damages fro claims arising out of the services performed by the SPONSOR or any person employed by the SPONSOR in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SPONSOR shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SPONSOR. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. OPERATION /MANAGEMENT PHASE (IF APPLICABLE) ?010 -CoC Shelter Plus Care FL0394C413061000 CCHA Page 22 of 30 Packet Page -953- 6/25/2013 16. D.11. After the Construction. Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and /or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not Iess than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I..M.A. 2010 -CoC Shelter Plus Care FL0394C4DO61000 MIA Page 23 of 30 Packet Page -954- 6/25/2013 16. D.11. EXHIBIT "C" ADDITIONAL CoC -SHP S +C GRANT REOUIREMENTS Enter additional requirements here, IF NONE EXIST, state "There are no additional grant requirements." 1. The Subrecipient will be responsible for providing all reporting data to Collier County upon request regarding the Federal Funding Accountability and Transparency Act (FFATA). 2010 -CoC Shelter Plus Care FC,0394C4DO61000 CCHA Page 24 of 30 Packet Page -955- 2010 -CoC: Shelter Plus Care F1,0394C41)061000 CCHA EXHIBIT "D" REQUIRED SUBMITTALS D -1 Request for Payment D -1a Release and Affidavit Form D -2 CoC -SHP S +C Monthly Progress Report Page 25 of 30 Packet Page -956- 6/25/2013 16. D.11. 6/25/2013 16.D.1 1. SCHEDULE "D -1" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Sponsor Name: Collier County Housing Authority Sponsor Address: 1800 Farmworkers Way. Immokalee. FL 34142 Project Name: FL -606 NEW Shelter Plus Care (S +C) Project No: FL0394C4D06100 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ �. 3. Total Grant Amount Awarded Less Sum $ Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded $ Less Sum of all requests) $81.840 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the COUNTY and us, as the SPONSOR. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Date Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2010 -CoC Shelter Plus Care FL0394C4DO61000 CCH.A Page 26 of 30 Packet Page -957- 6/25/2013 1 6. D.11. SCHEDULE "D -1 a" RELEASE AND AFFIDAVIT FORM The SPONSOR certifies for itself and its subcontractors, material -men, successors and assigns. that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SPONSOR's (monthly /final) Request for Payment. SPONSOR Witness: I Print name and title STATE OF COUNTY OF BY: ITS: 17171—W President The foregoing instrument was acknowledged before me this day of 2011, by ' as of A Choose Not- For - Profit, or Corporation or Municipality on behalf of Choose Not- For - Profit, Corporation or Municipality . He /She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (AFFIX OFFICIAL, SEAL,) 2010 -CoC Shelter Plus Care FLO394C4DO61000 CCRA (Signature) Name: (Legibly Printed) Notary Public, State of: Commission No.: Page 27 of 30 Packet Page -958- 6/25/2013 16. D.11. SCHEDULE "D -2" CoC -SHP S +C MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing, Human and Veteran Service's staff by tlae le of the following month. Status Report for Month of Submittal Date: Project Name FL -606 NEW Shelter Plus Care (S +C) Project Number FL0394C4D06l 00 Activity Number SPONSOR: Collier County Housing Authority. Inc. Contact Person _ Angela Edison Telephone 239- 657 -3649 E- mail: Edisonecha(a-,,aol.com Fax: 239- 657 -7232 1. Activity Status /Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the neat two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 6. Progress on Completion of the Grant Activity (s): For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by December 13, 2013. 2010 -CoC Shelter Plus Care 1,1.0394C4D061000 CCHA Page 28 of 30 Packet Page -959- 6/25/2013 16. D.11. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY December 13, 2015. Report on the activity, the cause, and corrective actions. 7. For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However., if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons "). Enter the number of beneficiaries in the blank space and in Box: 1. " INCOME Of the households or persons assisted, are extremely low- income income (0 -30 %) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low- income (31 -50 %) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low- income (5 1 -80 %) of the current Median Family Income (MFI). Enter this number in Box "4. „ NOTE. The total of Boxes 2,3 and 4 should equal the number in Box]. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "j " below. BOX 1 BOX 2 BOX 3 BOX 4 BOX Total. Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (31 -80 %) Household 2010 -CoC Shelter Plus Care FI.0394C4I)061000 CCFIA Page 29 of 30 Packet Page -960- 6/25/2013 16.D. 11. Persons Assisted (0 -30 %) (31 -50 %) 1 SPONSOR's must indicate total beneficiaries for Race AND Ethnicity Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African - American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast. Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: �—. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # His anic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American IndianlAlaska Native and 'White Asian and White Black/African American and White American Indian /Alaskan Native and Black /African American Other Multi - Racial TOTAL: 2010 -C:oC Shelter Plus Care FL0394C4D061000 CClli1 PaL =e 30 of 30 Packet Page -961-