Agenda 06/12/2012 Item #16D 26/12/2012 Item 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve Amendment #2 to the 2009 Homelessness Prevention and Rapid Re-
Housing (HPRP) subrecipient grant agreement with Legal Aid of Collier County, a Division of
Legal Aid of Broward County in the amount of $33,200, in order to expend the remaining funds.
OBJECTIVE: Provide for revised language changes to an existing American Recovery and Reinvestment
Act (ARRA) HPRP agreement. Changes will also include revisions to Exhibit A of the agreement with
Legal Aid of Collier County in order to expend full funding.
CONSIDERATIONS: On September 15, 2009, (Item 16D19) the BCC approved an HPRP agreement
with Legal Aid Services of Collier County to provide Legal Counseling and workshops to Collier County
Citizens experiencing homelessness. On May 24, 2011, (Item 16D10) the BCC approved Amendment No.
1 to the Agreement.
Housing, Human and Veteran Services is proposing a second amendment to the Legal Aid Agreement to
allow the organization more flexibility in the use of their grant funds. By merging the existing line items
into one, Legal Aid will be able to expend their remaining funding in any combination of eligible
activities. The amendment is an allowable change and will not affect the total grant amount, nor adversely
affect timeliness.
The amendment also contains some minor administrative updates to the "Notices" and "Administrative
Requirements" sections of the subrecipient agreement.
FISCAL IMPACT: None. No general funds are associated with the HPRP amendment. HUD grant
funds are available within the American Recovery and Reinvestment Act of 2009 (ARRA) Grant Fund
(125) for Homelessness Prevention and Rapid Re- Housing Program (HPRP) Project (33070.3.3).
GROWTH MANAGEMENT IMPACT: The HPRP project associated with this Subrecipient
amendment will help meet the goals, objectives and policies set forth in the Housing Element of the
Growth Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. - JBW
RECOMMENDATION: Approve amendment #2 to the 2009 Homelessness Prevention and Rapid Re-
Housing (HPRP) subrecipient agreement with Legal Aid of Collier County.
Prepared by: Rosa Munoz, Grants Coordinator
Housing, Human and Veteran Services Department
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6/12/2012 Item 16.D.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.2.
Item Summary: Recommendation to approve Amendment #2 to the 2009 Homelessness
Prevention and Rapid Re- Housing (HPRP) subrecipient grant agreement with Legal Aid of Collier
County, a Division of Legal Aid of Broward County in the amount of $33,200, in order to expend
the remaining funds.
Meeting Date: 6/12/2012
Prepared By
Name: MunozRosa
Title: Grants Coordinator,Housing, Human & Veteran Services
5/16/2012 9:43:23 AM
Submitted by
Title: Grants Coordinator,Housing, Human & Veteran Services
Name: MunozRosa
5/16/2012 9:43:24 AM
Approved By
Name: AlonsoHailey
Title: Administrative Assistant,Domestic Animal Services
Date: 5/23/2012 2:10:00 PM
Name: CastorenaMargo
Title: Manager - Federal/State Grants, HHVS
Date: 5/25/2012 4:40:56 PM
Name: GrantKimberley
Title: Interim Director, HHVS
Date: 5/29/2012 3:14:54 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 5/29/2012 3:57:31 PM
Packet Page -1727-
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 5/29/2012 4:53:51 PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 5/29/2012 7:45:45 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/30/2012 4:00:25 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Management & Budget
Date: 6/1/2012 11 :49:27 AM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 6/2/2012 9:49:58 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 6/4/2012 10:01:04 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/2012 11:33:41 AM
Name: OchsLeo
Title: County Manager
Date: 6/4/2012 10:35:00 PM
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6/12/2012 Item 16.D.2.
6/12/2012 Item 16.D.2.
Amendment No. 2 to the Agreement
Between Collier County and
Legal Aid of Collier County
HPRP Short Term Direct Rental and Utility Assistance Program
Catalog of Federal Domestic Assistance #14.257
HUD HPRP Grant # S09- UY -12- 0024 - 2009 -07
THIS AMENDMENT, dated , 2012. to the above- referenced
Agreement shall be by and between the parties to the original Agreement, Legal Aid of Collier County, a
Division of Legal Aid of Broward County, a not for profit agency existing under the laws of the State of
Florida (SUBRECIPIENT) and Collier County, a political subdivision of the State of Florida,
( "COUNTY ").
RE: IJUD Grant S09 -UY -12- 0024 - 2009 -07, HPRP Short Term Direct Rental and Utility Assistance
Program Catalog of Federal Domestic Assistance 414.257
The following changes to the above referenced Agreement have been mutually agreed to by the
Subrecipient and the County. The additions to the existing language in the Agreement are shown
herein by underlining; deletions from the Agreement are shown by stf lEet ,.^„gh
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHVS at its office, presently located at 44Y4 3339 E. Tamiami Trail, D' Suite 211,
Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address
listed on page one (1) of this Agreement.
VII. ADMINISTRATIVE REQUIREMENTS
E. PRIORWRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT 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. Stat. unless otherwise required by HPRP);
(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 HPRP funds, whether for
merit or cost of living.
S0947Y -12- 0024 - 2009 -07
Amendment No. 2
Legal aid
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Page 1
6/12/2012 Item 16.D.2.
EXHIBIT "A"
SCOPE OF SERVICES
Legal Aid Service of Collier County, A Division of Legal Aid of Broward County
HPRP Legal Assistance for Tenants Program /S09- UY -12- 0024 - 2009 -07
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The Legal Aid Serviee of Collier County (r ^� will provide legal services to low -
income clients who are rental tenants located within Collier County and are at -risk of
eviction. A
T � Legal Aid of Collier County will also engage in community outreach
efforts through free legal seminars open to the public, furnishing information and
education on the legal rights of tenants. Services provided will be based on a per hour
rate. All services performed must conform to the policies and procedures outlined in the
HPRP Administrative Plan.
Collier County Housing, and Human Veteran Services (HHVS) is using Department of
Housing and urban _Development (HUD) Homelessness -Prevention- and- Rapid -Re-
Housing (HPRP) funds in the amount -of Thirty Three Thousand Two Hundred
Dollars ($33,2008) for this LASCG HPRP Legal Assistance for Tenants Program.
B. BUDGET: LA SC-C Legal Aid of Collier County HPRP Legal Assistance for
Tenants Program
One Line Item: HPRP Funds
Tenant Advice and Counsel $ I888
$300 per ease — 50 eases
('—w x $I 50/hr).,and/or
More Extensive Legal Services $
$900 pef e 18 eases
(o hetffsK $150/hr and/or
Seminars/Education
$400 per seminar $ -2,000
c semiaws ever- 15 .., fAhs
Combined Line Items Total Funds: $33,200
S09 -UY -12 -0024 - 2009 -07 Page 2
Amendment No. 2
Legal Aid
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6/12/2012 Item 16.D.2.
Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be
processed by a Change by Letter, Exhibit "A -1 ", and made an integral component of this
Agreement.
C. PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE/TASK
START DATE
END DATE
Train staff on parameters of grant
program, HMIS and award
reporting.
09/01/2009
09/30/2009
Initiate a fiscal reporting and
accountability process in
conjunction with the Collier
County Finance Department and
HHS Fiscal Staff
09/15/2009
10/15/2009
HMIS reporting system
implementation and training
09/01/2009
09/15/2009
Subrecipient must expend at least
60% of award amount.
09/15/2009
07/15/2011
Provide advice, legal services,
and/or education to a minimum of
bS 100 HPRP at -risk of eviction
09/30/2009
°°/'z
clients FefeEred by paffieipating
07/15/2012
Provide —5 landl er- a— tenafft
091,30/2009
tomn� / =
Develop and distribute 1,000
pieces of literature on landlord -
tenant law to the public.
Subrecipient must expend 100%
of award by End Date.
10/1/2009
07/15/2012
NOTE: Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHVS.
S09- UY -12- 00242009 -07
Amendment No. 2
Legal Aid
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Page 3
6/12/2012 Item 16.D.2.
D. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
Provide legal counsel to
Number of tenant-
Provide advice, legal
its
referred clients and
clients receiving direct
services, and/or
provide free legal
legal services
education to a
information through legal
minimum of 100 BPRP
18 clients
at -risk of eviction
seminars and
informational pamphlets
clients
to tenants at -risk of
Provide legal seminars
A minimum of 100 clients
eviction in Collier
on landlord -tenant law
Legal adviee and
benefitting from advice, legal
eeunsel
services, and/or education
County
Provide informational
Mery legal
e�Aensive
r-epreseetatiefi
pamphlets and/or
written materials
Pr-e ide 5 in f fmationa'
1000 pieces of literature
regarding tenant rights
throughout the grant
eteb, 25
period
elteees -each
S09- UY- 12- 0024 - 2009 -07
Amendment No. 2
Legal Aid
Packet Page -1732-
Page 4
6/12/2012 Item 16.D.2.
EXHIBIT "C"
ADDITIONAL HPRP GRANT REOUIREMENTS
Please see recovery.gov website for additional guidance.
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).
S09- UY -12- 0024 - 2009 -07
Amendment No. 2
Legal Aid
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Page 5
6/12/2012 Item 16.D.2.
The Subrecipient agrees that this amends the original Agreement, as amended. All other
terms and conditions of the Agreement, as amended, shall remain in force.
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on this day of
, 2012.
ATTEST:
DWIGHT E. BROCK, CLERK
Dated:
(SEAL)
Fi Witness:
wa'41� 0'—� .
C' 67 Signature
jam //)a--
Type /print witness name
Second Witness:
A M A A On A
fitness Signature
JS P
Type /print witness name
Approved as to form
and legal sufficiency:
Jennifer B. White g(Jy
Assistant County Attorney
S09 -UY -12 -0024- 2009 -07
Amendment No. 2
Legal Aid
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Un
FRED W. COYLE, CHAIRMAN
Legal Aid of Collier County, A Division of
Legal of Broward Count
u recipie ature Awk
Anthony J. Karrat, Esg Executive Director
Type /print Subrecipient name and title
Packet Page -1734-
Page 6
6/12/2012 Item 16.D.2.
Amendment No. 1 to the Agreement
Between Collier County and
Legal Aid of Collier County
HPRP Short Term Direct Rental and Utility Assistance Program
Catalog of Federal Domestic Assistance #14.257
HUD HPRP Grant # S09- UY -12- 0024 - 2009 -07
THIS AMENDMENT, dated 24-- , 2011 to the above - referenced Agreement shall
be by and between the parties to the original Agreement, Legal Aid of Collier County, a Division of Legal Aid of
Broward County, a not for profit agency existing under the laws of the State of Florida ( SUBRECIPIENT) and
Collier County (COUNTY).
RE: HUD Grant S09- UY -12- 0024 - 2009 -07, HPRP Short Term Direct Rental and Utility Assistance Program
Catalog of Federal Domestic Assistance #14.257
The following change to the above referenced Agreement has been mutually agreed to by the Subrecipient and the
County. The additions to the existing language in the Agreement are shown herein by underlining, deletions from
the Agreement are shown by strips.
VII. ADMINISTRATIVE REQUIREMENTS
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. To
maximize the transparency and accountability of the American Recovery and Reinvestment Act
spending required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative
Requirements for Grants and Agreements" and the A -102 Common Rule provisions, recipients
agree to maintain records that identif
y adequately the source and application of ARRA funds.
G. AUDITS AND INSPECTIONS
1. 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.
Non - profit organizations expending federal awards of $500,000 or more under only one federal
program may elect to have a program- specific audit performed in accordance with OMB A -133.
For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A -133,
recipients agree to separately identify the expenditures for Federal awards under the ARRA on the
Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF -SAC)
required by OMB Circular A -133. This shall be accomplished by identifying expenditures for
Federal awards made under the ARRA separately on the SEFA, and as separate rows under Item 9
of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA" in identifying
S09- UY -12- 0024 - 2009 -07
Amendment No.1
Legal Aid
Packet Page -1735-
Page 1
6/12/2012 Item 16.D.2.
the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on
the SF -SAC.
The Subrecipient agrees that this amends the original Agreement. All other terms and conditions of the Agreement
shall remain in force.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY have signed Amendment No. 1 to the
Agreement as of the date first written above.
Type /print witness name
Approved as to form and legal sufficiency:
a:
Jennifer B 5 hite
Assistant County Attorney
S09 -UY -12 -0024- 2009 -07
Amendment No. l
Legal Aid
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: W.
FRED W. COYLE, CHAQqAN
Legal Aid of Collier County, a Division of
Broward County
By: W,
a ture
Anthony J. Karrat /Executive Director
Type /print Subrecipient name and title
Packet Page -1736-
Page 2
6/12/2012 Item 16.D.2.
AGREEMENT BETWEEN COLLIER COUNTY
AND
LEGAL AID OF COLLIER COUNTY
Catalog of Federal Domestic Assistance # 14.257
HUD HPRP Grant # S09- UY -12- 0024 - 2009 -07
THIS AGREEMENT is made and entered into by and between Collier County, a
political subdivision of the State of Florida, ( "COUNTY "), and "Legal Aid of Collier County, a
division of Legal Aid of Broward County," a not for profit agency existing under the laws of
the State of Florida, having its principal office at 4125 East Tamiami Trail, Naples, FL 34112,
and its Federal Tax Identification number as 59- 1547191 ( "SUBRECIPIENT ").
WHEREAS, the COUNTY has entered into an agreement with the United States
Department of Housing and Urban Development (HUD) pursuant to the "Homelessness
Prevention and Rapid Re- Housing Program (HPRP), under Title XII of the American Recovery
and Reinvestment Act of 2009 ( "Recovery Act "); and
WHEREAS, Congress has designated $1.5 billion for communities to provide financial
assistance and services to either prevent individuals and families from becoming homeless or
help those who are experiencing homelessness to be quickly re- housed and stabilized; and
WHEREAS, the Board of County Commissioners approved the Department of Housing
and Human Services substantial amendment to the 2008 -2009 Action Plan on May 12, 2009 to
include this activity; and
WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities
specified in Exhibit "A" of this Agreement, in accord with the HPRP.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. DEFINITIONS
(A) "COUNTY" means Collier County, and where applicable, it's authorized
representative(s).
(B) "ARRA" means the American Recovery and Reinvestment Act of 2009.
(B) "HPRP" means the Homelessness Prevention and Rapid Re- housing Program.
(C) "HHS" means Collier County Department of Housing and Human Services.
(D) "HHS's Approval" means the written approval of the Department of Housing and
Human Services or designee.
(E) "SUBRECIPIENT" means Legal Aid of Collier County.
(F) "HUD" means the U.S. Department of Housing and Urban Development or a
person authorized to act on its behalf.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 1 of 29
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6/12/2012 Item 16.D.2.
(G) Beneficiaries include individuals and families who are at risk of becoming
homeless or experiencing homelessness and need legal information regarding
tenants' rights.
(H) Homeless means the term as defined by section 103 of the McKinney -Vento
Homeless Assistance Act (42 USC 11302).
(I) Eligible activities include financial assistance, housing relocation and stabilization
services, data collection and evaluation, and administrative costs. Specific
program guidelines may be found on the HUD website at www.HUD.gov.
(J) "Project" means the work to be performed as set forth in Exhibit "A."
II. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS,
perform the tasks necessary to conduct the project outlined in Exhibit "A."
III. TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be July 15,
2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the
purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that
date and prior to execution of this Agreement subject to HHS prior written approval. In any
event, all services required-hereunder shall be completed by the SUBRECIPIENT prior to July
15, 2012. 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
The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for
allowable costs, determined by COUNTY, in an amount not to exceed Thirty Three Thousand
and Two Hundred dollars ($33,200) for the services described in Exhibit "A."
All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for
improvements with the lowest responsive and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records
and documents related to the project.
The County shall reimburse the SUBRECIPIENT.for the performance of this Agreement
upon completion or partial .completion of the work tasks as accepted and approved by HHS
pursuant to the submittal of monthly progress reports. Payments -shall be made to the
SUBRECIPIENT when requested as work progresses but not more frequently than once per
month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70,
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 2 of 29
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6/12/2012 Item 16.D.2.
Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will
be made until approved by HHS.
V. NOTICES
All notices required to be given under this Agreement shall be sufficient when delivered
to HHS at its office, presently located at 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples,
Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on
page one (1) of this Agreement.
VI. GENERAL CONDITIONS
A. IMPLEMENTATION OF PROJECT
The SUBRECIPIENT shall implement this Agreement in accordance with applicable
Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS'
Policies and Procedures memoranda.
Should a project receive additional funding after the commencement of this Agreement,
the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification
from the funding source and submit a cost allocation plan for approval by HHS or its designee
within forty- five (45) days of said official notification.
B. DEBARMENT
The SUBRECIPIENT 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
SUBRECIPIENT 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 SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations
and orders of the State, local and Federal governments, including, but not limited to:
1. Public Law 111 -5, the American Recovery and Reinvestment Act (ARRA) of
2009 (2/17/09).
2. 24 CFR 35, parts a, b, m, and r — Lead -Based Paint Poisoning Prevention in
certain residential structures.
3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
2009 -20tO ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 3 of 29
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6/12/2012 Item 16.D.2.
4. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq.
5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
6. Executive Order 11246 ( "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.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment
Opportunity Act of 1972, 42 USC § 2000e, et. seq.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended.
9. Age Discrimination Act of 1975.
10. Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5).
12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended.
13. 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.
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 Circular A -133 - concerning annual audits.
17. OMB Circular A -122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements
with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations.
19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to
State and Local Governments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq.
and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 4 of 29
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6/12/2012 Item 16.D.2.
referenced herein shall constitute a breach of this agreement, and the County shall have the
discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
22. Prohibition 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.
23. 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.
24. 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.
25. 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 SUBRECIPIENT 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 SUBRECIPIENT 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. Stat.
D. SUBCONTRACTS
Any work or services subcontracted by the SUBRECIPIENT 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 SUBRECIPIENT of any subcontract hereunder, such subcontracts must be
submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 5 of 29
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6/12/2012 Item 16.D.2.
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 SUBRECIPIENT 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 SUBRECIPIENT or reimbursed by the COUNTY
without prior written approval of the HHS 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.
F. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT 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 SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT 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 SUBRECIPIENT will include a reference to the financial
support herein provided by HHS in all publications and publicity. In addition, the
SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made
possible with funds made available under this Agreement. The SUBRECIPIENT will mount a
temporary construction sign for projects funded by HHS. 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.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 6 of 29
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6/12/2012 Item 16.D.2.
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 SUBRECIPIENT with funds under this
Agreement shall be returned to HHS or the COUNTY. In the event of termination, the
SUBRECIPIENT 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 SUBRECIPIENT, and the COUNTY
may withhold any payment to the SUBRECIPIENT for set -off purposes until such time as the
exact amount of damages due to the COUNTY from the SUBRECIPIENT 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. TERMINATIOIN FOR CONVENIENCE
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 SUBRECIPIENT 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
SUBRECIPIENT 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. SUBRECIPIENT LIABILITY OBLIGATION
Compliance with the insurance requirements in Exhibit `B" shall not relieve the
SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 7 of 29
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6/12/2012 Item 16.D.2.
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 SUBRECIPIENT 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 SUBRECIPIENT 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 SUBRECIPIENT shall be in default of the terms and conditions of
the contract.
K. INDEPENDENT AGENT AND EMPLOYEES
The SUBRECIPIENT 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, and rates of
compensation, leave, unemployment and employee benefits.
VII. ADMINISTRATIVE REQUIREMENTS
A. FINANCIAL MANAGEMENT
The SUBRECIPIENT agrees to comply with OMB Circular A — 110 (Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher Education,
Hospitals and other Non -Profit Organizations) and agrees to adhere to the accounting principles
and procedures required therein, utilize adequate internal controls, and maintain necessary source
documentation for all costs incurred.
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP.
2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS
outlining the status of specific activities under the project. Each report must account for the total
activity for which the SUBRECIPIENT is paid with HPRP 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."
3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing
compliance with the ARRA and HPRP.
4. All reports, plans, surveys, information, documents, maps, and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHS. Upon completion of all work contemplated
2009 -20(0 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 8 of 29
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6/12/2012 Item 16.D.2.
under this Agreement copies of all documents and records relating to this Agreement shall be
surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and
records for three (3) years after expiration of this Agreement.
5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in
the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and
HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi).
6. The SUBRECIPIENT 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. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly,
the SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost
allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs
and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY.
8. The SUBRECIPIENT 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.
9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the
SUBRECIPIENT's compliance with the above.
C. REPORTS, AUDITS, AND EVALUATIONS
Reimbursement will be contingent on the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring or audit findings identified
pursuant to this Agreement.
The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation
activities as determined necessary. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit
information and status reports required by HHS or HUD to enable HHS to evaluate said progress
and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD
to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as
determined by HHS or HUD.
D. ADDITIONAL HOUSING & HUMAN SERVICES COUNTY AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available for specified activities.
2009 -2010 APRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 9 of 29
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6/12/2012 Item 16.D.2.
E. PRIOR WRITTEN APPROVALS
(1) All subcontracts and agreements proposed to be entered into by the
SUBRECIPIENT 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. Stat. unless otherwise required by HPRP);
(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 HPRP 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 -110, A -122, 24 CFR Part 84, and 24 CFR Part 85.
G. AUDITS AND INSPECTIONS
1. 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. Non - profit organizations expending federal awards of $500,000 or more under
only one federal program may elect to have a program- specific audit performed in accordance
with OMB A -133.
2. 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 HHS 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.
3. When the requirements of OMB A -133 apply, or when the
SUBRECIPIENT 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
SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months
following the end of the SUBRECIPIENT'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 SUBRECIPIENT may choose to have an
audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 10 of 29
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period during which HHS- 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 HHS no later than six months following each audit period.
5. The SUBRECIPIENT 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 SUBRECIPIENT shall include in all HHS approved subcontracts
each of the record - keeping and audit requirements detailed in this contract.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'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.
VIII. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT 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 terminate 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 SUBRECIPIENT 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
SUBRECIPIENT 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
2009 -2010 ARRA- HP RP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page l l of 29
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6/12/2012 Item 16.D.2.
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 CDBG areas designated by Collier
County in the Annual Consolidated Plan approved by HUD.
C. PROGRAM BENEFICIARIES
Beneficiaries of a project funded through this Agreement must be at risk of homelessness.
If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries
countywide, more than thirty percent (30 %) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the
County's Urban County Qualification Program. The project shall assist beneficiaries as defined
above for the time period designated in Exhibit "A" of this Agreement.
D. CONFLICT OF INTEREST
The SUBRECIPIENT 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 SUBRECIPIENT. Any possible conflict of interest on
the part of the "SUBRECIPIENT or its employees shall be disclosed in writing to HHS 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.
E. PUBLIC ENTITY CRIMES
As provided in § 287.133, Fla. Stat. by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT 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. Stat.
F. DRUG -FREE WORKPLACE REQUIREMENTS
The SUBRECIPIENT must certify that it will provide drug -free workplaces in
accordance with the Drug -Free Workplace Act of 1988 (41 USC 701).
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 12 of 29
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6/12/2012 Item 16.D.2.
G. 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.
3. 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 SUBRECIPIENTS
shall certify and disclose accordingly.
X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ARRA funds may not be used for religious activities or provided to primarily religious
organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds.
XI. REVERSION OF ASSETS
Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY
any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use
of HPRP funds, and any non - expendable personal property that was purchased with HPRP funds.
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.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 13 of 29
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6/12/2012 Item 16.D.2.
XIII. COUNTERPARTS OF THE AGREEMENT
This Agreement, consisting of twenty -nine (29) enumerated pages, which include the
exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be
deemed to be an 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.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 14 of 29
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6/12/2012 Item 16.D.2.
IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively,
by an authorized person or agent, hereunder set their hands and seals on this 15th day of
September, 2009
fi
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2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 15 of 31
BOARD OF CO Y COMMISSIONERS OF
COLLIER CO Y, FLORI:2-
By: G r�- r�.c.� Z
DONNA FIALA, CHAIRMAN
Legal Aid of Collier County, A Division of
Legal Aid of Broward County
Y
S ubrecipieidt 66ature
Anthony J. Karrat, Esq, Executive Director
Print Name and Title
Approved as to form and legal sufficiency:
Colleen M. Greene
Assistant County Attorney
Packet Page -1751-
6/12/2012 Item 16.D.2.
EXHIBIT "A"
SCOPE OF SERVICES
Legal Aid Service of Collier County, A Division of Legal Aid of Broward County
HPRP Legal Assistance for Tenants Program /S09- UY --12- 0024 - 2009 -07
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The Legal Aid Service of Collier County ( LASCC) will provide legal services to low -
income clients who are rental tenants located within Collier County and are at -risk of
eviction. LASCC will also engage in community outreach efforts through free legal
seminars open to the public, furnishing information and education on the legal rights of
tenants. Services provided will be based on a per hour rate. All services performed must
conform to the policies and procedures outlined in the HPRP Administrative Plan.
Collier County Housing and Human Services (HHS) is using Department of Housing and
Urban Development (HUD) Homelessness Prevention and Rapid -Re- Housing (HPRP)
funds in the amount of Thirty Three Thousand Two Hundred Dollars ($33,2000) for
this LASCC HPRP Legal Assistance for Tenants Program.
B. BUDGET: LASCC HPRP Legal Assistance for Tenants Program
Line Item: HPRP Funds
Tenant Advice and Counsel $15,000
$300 per case — 50 cases
(2 hours x $150/hr)
More Extensive Legal Services $16,200
$900 per case — 18 cases
(6 hours x $150/hr)
Seminars
$400 per seminar $ 2,000
5 seminars over 15 months
Total Funds: $33.200
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 16 of 29 Packet Page -1752-
6/12/2012 Item 16.D.2.
Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be
processed by a Change by Letter, Exhibit "A-I", and made an integral component of this
Agreement.
C. PROJECT MILESTONE SCHEDULE
The time frame for completion of the outlined activities shall be:
MILESTONE /TASK
START DATE
END DATE
Train staff on parameters of grant
program, HMIS and award
09/01/2009
09/30/2009
-reporting.
Initiate a fiscal reporting and
accountability process in
conjunction with the Collier
County Finance Department and
HHS Fiscal Staff
09/15/2009
10/15/2009
HMIS reporting system
and training
09/01/2009
09/15/2009
-implementation
-Subrecipientmust_ expend at least
60% of award amount.
09/15/2009
07/15/2011
Provide legal services to 68 at -risk
of eviction clients referred by
participating HPRP agencies
09/30/2009
09/30/2012
Provide 5 landlord — tenant
seminars open to the public
09/30/2009
07/15/2012
Develop and distribute 1,000
pieces of literature on landlord -
tenant law to the public.
Subrecipient must expend 100%
of award by End Date.
10/1/2009
07/15/2012
NOTE. Performance milestones are in effect for program monitoring requirements
only, and as such, are used by HUD and other grantor agencies as general target goals
rather than strict performance requirements.
This agreement shall allow reimbursement of expenses for all eligible costs associated
with the agreement and does not require the completion of all agreement milestones for
reimbursement to be paid
Please note that if any of these activities exceed the timelines by two months a revised
work schedule must be submitted to HHS.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 17 of 29 Packet Page -1753-
6/12/2012 Item 16.D.2.
D. OUTCOME PERFORMANCE MEASUREMENTS:
OBJECTIVE
OUTCOMES
ACTIVITY
INDICATORS
Provide legal counsel to
Number of tenant-
Legal advice and
50 clients
referred clients and
clients receiving direct
counsel
provide free legal
legal services
information through legal
More extensive legal
18 clients
seminars and
representation
informational pamphlets
to tenants at -risk of
Provide legal seminars
Provide 5 informational
5 seminars with 125 attendees
eviction in Collier
on landlord - tenant law
seminars with
County
approximately 25
attendees each
Provide informational
1000 pieces of literature
pamphlets and/or
written materials
regarding tenant rights
throughout the grant
period
2009 -2010 ARRA- HP RP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 18 of 29 Packet Page -1754-
EXHIBIT "A -1"
CHANGE BY LETTER
COLLIER COUNTY GOVERNMENT
Collier County Housing & Human 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:
6/12/2012 Item 16.D.2.
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:
r 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.
r
Additional Staffing Categories Professional Position(s) Hourly Rate(s)
r Draw against Allowance (specify allowance item and identify specific items and quantities)
r 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
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 19 of 29 Packet Page -1755-
6/12/2012 Item 16.D.2.
EXHIBIT "B"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services
Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 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 1 — 3 above, a Certificate of Insurance must be
provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the
licensed design professional employed by the SUBRECIPIENT in an amount not less than
$300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design
professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT 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 SUBRECIPEENT 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 SUBRECIPIENT.
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.
2009 -2010 ARRA- HP RP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 20 of 29 Packet Page -1756-
6/12/2012 Item 16.D.2.
OPERATION /MANAGEMENT PHASE (IF APPLICABLE)
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 less 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.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 21 of 29 Packet Page -1757-
6/12/2012 Item 16.D.2.
AW
EXHIBIT "C"
ADDITIONAL HPRP GRANT REQUIREMENTS
Please see recovery.gov website for additional guidance.
2009 -2010 ARRA- HP RP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 22 of 29 Packet Page -1758-
6/12/2012 Item 16.D.2.
EXHIBIT "D"
REQUIRED SUBMITTALS
D -1 Request for Payment
D -la Release and Affidavit Form
D -2 HPRP Monthly Progress Report
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 23 of 29 Packet Page -1759-
6/12/2012 Item 16.D.2.
SCHEDULE "D -1"
COLLIER COUNTY HOUSING AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Legal Aid of Collier County
Subrecipient Address: 4125 East Tamiami Trail, Naples, FL 34112
Project Name: Legal Aid of Collier County HPRP Legal Assistance for Tenants Program
Project No: S09- UY -12- 0024 - 2009 -07 Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ 33,200.00
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) $
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 SUBRECIPIENT. I also
certify that the amount of the Request for Payment is not in excess of current needs.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor,
Dept Director
(approval authority under $14,999)
(approval required $15,000 and above)
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 24 of 29 Packet Page -1760-
v
6/12/2012 Item 16.D.2.
SCHEDULE "D -la"
RELEASE AND AFFIDAVIT FORM
The SUBRECIPIENT 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 SUBRECIPIENT's
(monthly /final) Request for Payment.
Witness:
BY:
Print name and title
STATE OF
COUNTY OF
SUBRECIPIENT
BY:
ITS:
DATE:
Director
The foregoing instrument was acknowledged before me this day of
2009, by , as
of A state agency. 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)
(Signature)
Name:
(Legibly Printed)
Notary Public, State of:
Commission No.:
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 25 of 29 Packet Page -1761-
6/12/2012 Item 16.D.2.
SCHEDULE "D -2"
HPRP MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing &Human Service's staff by the
le of the following month.
Status Report for Month of Submittal Date:
Project Name: Legal Aid of Collier County HPRP Legal Assistance for Tenants Program
Project Number S09- UY -12- 0024 - 2009 -07 Activity Number
Subrecipient: Legal Aid of Collier County
Contact Person Jeffrey Ahren, Esq.
Telephone: 239 -298 -8130 Fax: 239- 775 -3887
E -mail: jahren(iDlegalaid.org
1. Activity Status /Milestones (describe any action taken, relating to this project,
during the past month):
2. What events /actions are scheduled for the next 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. I..
5. Identify any potential issues that may cause delay.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 26 of 29 Packet Page -1762-
6/12/2012 Item 16.D.2.
New contracts executed this month (if applicable):
Name of Contractor or
Subcontractor, Address & Phone
Number
Amount of
Contract
Contractor
Federal ID
Number
Race
(see definitions
on following
page)
Ethnicity
(see definitions
on following
page)
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 -nay 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 (51 -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 1.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 27 of 29 Packet Page -1763-
6/12/2012 Item 16.D.2.
FEMALE HEAD OF HOUSEHOLD
This project assisted Female Head of Households REGARDLESS of income. Enter
this number in box "5" below.
BOX 1
BOX 2
BOX 3
BOX 4
BOX 5
Total Number of
Extremely
Very
Low Income
Female Head of
Households or
Low Income
Low Income
(51 -80 %)
Household
Persons Assisted
(0 -30 %)
(31 -50 %)
Subrecipient'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.
2009 -2010 ARRA- HPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 28 of 29 Packet Page -1764-
6/12/2012 Item 16.D.2.
Tabulation Table of Race and Ethnicity Beneficiaries
Race
# Total,
` # His is ,
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/African American and White
American Indian/Alaskan Native and Black/African American
Other Multi - Racial
TOTAL:
08- PRC- 01009/
2009 -2010 ARRA- RPRP AGREEMENT
LEGAL AID OF COLLIER COUNTY
Page 29 of 29 Packet Page -1765-