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Agenda 12/13/2011 Item #16D 912/13/2011 Item 16.D.9. EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign two (2) Subrecipient Agreements for Department of Housing and Urban Development (HUD) funded Continuum of Care Grant (CoC) projects that were presented to and approved by the Board on April 12, 2011. OBJECTIVE: Recommendation to authorize the Chairman to sign two (2) Subrecipient Agreements for Department of Housing and Urban Development (HUD) funded Continuum of Care Grant (CoC) projects that were presented to and approved by the Board on April 12, 2011. CONSIDERATIONS: On January 19, 2011 HUD notified the County that it had received the CoC renewal funding in the amount of $330,761 as requested. On April 12, 2011 (Item 16D5), the Board approved acceptance of the CoC renewal grant award from HUD and the projects the CoC HUD award would fund including two (2) sub - awards to St. Matthew's House and the Shelter for Abused Women and Children. The Board also approved the associated budget amendments to recognize grant revenues. At that time, staff did not bring forth the two (2) subrecipient agreements for St. Matthew's House and the Shelter for Abused Women and Children, which are recurring annual sub- awards for operations. This was not done due to a conservative interpretation of HUD requirements by staff which led to the practice of executing subsequent renewal agreements after close out of the preceding period agreements. Close out procedures include submission of the HUD Annual Performance Report (APR) which can take up to two (2) months or more to capture all payment activity of invoices through the period end. The effective dates of these renewal subrecipient agreements are retroactive to the first day after the ending date of the previous subrecipient agreement. This date matches the effective date of the HUD renewal grant agreement for each sub - award. This action allows for continuous operations so that services to clients remain uninterrupted. The result for this request is that the period of availability of the subrecipient agreements or the period that expenditures may be incurred will precede the Boards approval date of the subrecipient agreement. Subrecipient Project Name Funding Source Amount of Funding Agreement Dates Match Funds Provided Operating and 1. Shelter for Abused Supportive Services CoC $113,000 7/1/2011 to $29,925 Women & Children for shelter transitional 6/30/2012 housmi Operating, Supportive 2. St. Matthew's Services, and CoC $113,116 10/1/2011 to $34,535 House Administration for 9/30/2012 Wolfe Apartments Future CoC Program awards and corresponding subrecipient agreements will be brought forth to the Board at the same time. Subrecipient agreement language will be expanded to explicitly deny reimbursement of subrecipient expenditures prior to the effective date of the HUD renewal grant agreement. This will allow for the Board to approve the CoC Program award and subrecipient agreements within the same Board action and include appropriate effective dates as cited within the HUD renewal grant agreement. Packet Page -2526- 12/13/2011 Item 16.D.9. There is no risk to the Board for providing approval for the limited exception in this case because the Board has already obligated to accept and expend these funds in the manner approved on April 12, 2011. FISCAL EWPACT: Approval of these Subrecipient agreements will have no effect on ad valorem or general fund dollars. HUD grant funds are available within the Housing Grant Fund (705) to cover these expenses for this Continuum of Care Grants (CoC SAWCC — 33156) and (St. Matthew's House 33157) projects. Subrecipients are required to provide a minimum 25% match. It should be noted that the difference between the total amount of subrecipient funding and the total award of $330,761 is the non- subawarded portion of the grant funding for the Homeless Management Information System (H1VIIS) managed by the Housing, Human and Veterans Services Department. LEGAL CONSIDERATIONS: The new approach will sync the effective date of subrecipient agreements with the effective date of the agreements that fund them. The County Attorney's Office supports this new approach going forward. This item is legally sufficient and requires a majority vote. — JBW GROWTH MANAGEMENT E"ACT: This project will benefit low income residents in Collier County which is consistent with the goals and objectives of the Housing Element of the County's Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign two (2) Subrecipient agreements. Prepared by: Sandra Marrero, Grants Coordinator Housing, Human and Veteran Services Department Attachments: Proposed two subrecipient agreements and corresponding two grant agreements as approved on April 12, 2011 (Item 16135). Packet Page -2527- 12/13/2011 Item 16.D.9. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9. Item Summary: Recommendation to authorize the Chairman to sign two (2) Subrecipient Agreements for Department of Housing and Urban Development (HUD) funded Continuum of Care Grant (CoC) projects that were presented to and approved by the Board on April 12, 2011. Meeting Date: 12/13/2011 Prepared By Name: MarreroSandra Title: Grants Coordinator,Housing, Human & Veteran Services 11/15/20119:12:3 9 AM Submitted by Title: Grants Coordinator,Housing, Human & Veteran Services Name: MarreroSandra 1 1/15/20119:12:40 AM Approved By Name: AckermanMaria Date: 11/15/2011 11:24:50 AM Name: GrantKimberley Title: Interim Director, HHVS Date: 11/19/2011 10:50:01 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 11/21/20119:50:56 AM Name: CastorenaMargo Date: 11/22/20119:27:03 AM Name: WhiteJennifer Title: Assistant County Attomey,County Attorney Packet Page -2528- Date: 11/22/2011 12:13:51 PM Name: FoordMarlene Title: Grant Development & Mgmt Coordinator, Grants Date: 11/29/2011 2:18:16 PM Name: RamseyMarla Title: Administrator, Public Services Date: 11/30/2011 10:17:31 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11/30/20112:00:11 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/1/20119:52:35 AM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 12/2/20112:51:41 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 12/6/2011 8:52:45 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/6/2011 11:31:18 AM Name: OchsLeo Title: County Manager Date: 12/6/2011 12:43:54 PM Packet Page -2529- 12/13/2011 Item 16.D.9. 12/13/2011 Item 16.D.9. ��lA(CN of US. Department of Housing and Urban Development Office of Community Planning and Development Cliff` 909 SE First Avenue c - Miami, FL 33131 �Ar, F.t° Grant Number. FI0295B4D061003 Project Name: FL -606 - REN - Shelter Transitional Housing Renewal Total Award Amount: $113,000 Component: TH Recipient: Collier County Board of County Commissioners Official Contact Person and Title: Fred W. Coyle, Chairman, County Board of Commissioners Telephone Number: (239) 252 -8097 Fax Number: (239) 774 -3602 E -mail Address: fted'--O)/Ie@colliel--ov.net EIN/Tax ID Number: 59- 6000558 DUNS Number: 076997790 Effective Date: 07/01/2011 Project Location(s): Collier County 2010 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section 1 of Attachment A, attached hereto and made a part hereof. The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act "). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding AvaiIabiIity (NOFA), that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published June 11, 2010, at 75 FR 33323, and the second part was the Continuum of Care Homeless Assistance Programs section of the NOFA, which is located at hits://www.hud.2ov/offices/adm/--rant.s/nofal.0/gmgoc.cfm. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of the Grant Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the term specified at section 3 of Attachment A. _%X W%V.h 1d-Z04 Qp2fftre d w Page i Packet Page -2530- 12/13/2011 Item 16.D.9. The Recipient must provide a 25 percent cash match for supportive services. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then.the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of the Attachment A provisions, noncompliance with the Act or Attachment B provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or www.hud.gov espanoLhud gov Page 2 Packet Page -2531- 12/13/2011 Item 16.D.9. (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another without the prior written approval of HUD. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. W- www.hud.gov espanol.hud.gov Page 3 Packet Page -2532- SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of .Housing and Urban Development Signature and Date l� C) �C ' Print name of signatory Title RECIPIENT C Ca Name of Or c �GoLr k © P (fo, � V Co w w ,(S5 'oKer � Authorized Signature and Date f7rej W- coyly Print name of signatory C t% rMaO Title A Ate'.n �11z 12/13/2011 Item 16.D.9. Proved at to forrn 4 regal Sufficienay urww.hud.gov espwol.hud.gov Packet Page -2533- -0-11MY Attorney Page 4 12/13/2011 Item 16.D.9. ATTACHMENT A 1. The Recipient is Collier County Board of County Commissioners. 2. HUD's total fund obligation for this project is $113,000, which shall be allocated as follows: a. Leasing $0 b. Supportive services $92,900 c. Operating costs $20,100 d. FMS $0 e. Administration $0 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of twelve (12) months. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. .f' www.hudgov espanoLhud.gov Page 5 Packet Page -2534- 7�G �III�� �y4i 5g4v acvF`o 12/13/2011 Item 16.D.9. U-S. Department of Housing and Urban Development Office of Community Planning and Development 909 SE First Avenue Miami, P7.33131 Grant Number. FL029613413061003 Project Name: FL -606 - REN - Wolfe Apartments Total Award Amount: $113,116 Component: PH Recipient: Collier County Board of County Commissioners Official Contact Person and Title: Fred W. Coyle, Chairman, County Board of Commissioners Telephone Number: (239) 252 -8097 Fax Number: (239) 774 -3602 E -mail Address: fredcoyle @colliergov.net BIN/Tax ID Number. 59- 6000558 DUNS Number. 076997790 Effective Date: 100/2011 ProjectLkeation(s): Collier County 2014 SUPPORTIVE HOUSING PROGRAM RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and the Recipient, which is described in section I of Attachment A, attached hereto and made a part hereof. The assistance which is the subject of this Grant Agreement is authorized by the McKinney -Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment B, and the Notice of Funding Availability (NOFA), that was published in two parts. The first part was the Policy Requirements and General Section of the NOFA, which was published June 11, 2010, at 75 FR 33323, and the second part was the Continuum of Care Homeless Assistance Programs section of the NOFA, which is located at http: / /www.hud.gov/ offices /adm/grants /nofal0 /oc.cfm. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of the Grant Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified at section 2 of Attachment A for the approved project described in the application. The Recipient agrees, subject to the terms of the Grant Agreement, to use the grant funds for eligible activities during the term specified at section 3 of Attachment A. w'wwlnrl_20v amxu1102m, Packet Page -2535- Page I 12/13/2011 Item 16.D.9. The Recipient must provide a 25 percent cash match for supportive services. AW The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HNUS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. The Recipient agrees to draw grant funds at least quarterly. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low - Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty -year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of the Attachment A provisions, noncompliance with the Act or Attachment B provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (di) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or www.hud.gov espanol.hud.gov Page 2 Packet Page -2536- 12/13/2011 Item 16.D.9. (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. The Grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS), the Central Contractor Registration (CCR) database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010)(to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Inzplernentation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of eligible activity to another without the prior written approval of HUD. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. www.hud.gov espanol.hud.gov Page 3 Packet Page -2537- SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development Signature and Date Print name of signatory c_ ? .o b p C c--Tot- Title RECIPIENT LQ�ti -e% COUK Name of Orizanizatio �oo,4 ©F 6-,,-Y Comm t'. io t K5 Y Authorized Signature and Date f'r 16A W - COY I� Print name of signator ++y C �ttc i i WtOL Title 12/13/2011 Item 16.D.9. AT TEST '' ApnroY� tip to �or'T? fB Et Stif$1C68t?w'. s.; ,sip# �ourty Attom �111 www.hud.gov espanol.hud.gov Page A Packet Page -2538- 12/13/2011 Item 16.D.9. ATTACHMENT A 1. The Recipient is Collier County Board of County Commissioners. 2. HUD's total fund obligation for this project is $113,116, which shall be allocated as follows: a. Leasing $0 b. Supportive services $34,230 c. Operating costs $73,500 r $0 e. Administration $5,386 3. Although this agreement will become effective only upon the execution hereof by both parties, upon execution, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement or, if the original Grant Agreement was amended to extend its term, the term of this agreement shall run from the end of the extension of the original Grant Agreement term for a period of twelve (12) months. Eligible costs, as defined by the Act and Attachment B, incurred between the end of Recipient's final operating year under the original Grant Agreement, or extension thereof, and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. www.hud.gov espanoLhud.gov Page 5 Packet Page -2539- 12/13/2011 Item 16.D.9. AGREEMENT BETWEEN COLLIER COUNTY FRO ST. MATTHEW'S HOUSE, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # F1,0295134D061003 THIS AGREEMENT, is entered into this day of 200_, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and the St. Matthew's House, a private not - for - profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Rd. South, Naples, FL 34112, and its Federal Tax Identification number as 65-111050, hereinafter referred to as ( "SUBRECIPIENT "). WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective November 15, 2010, and entered into an agreement with the SUBRECIPIENT to act on its behalf' in the oversight and administration of the HUD Grant for the execution and implementation of a Continuuum of Care (CoC) Supportive Housing Program (SHP), pursuant to the McKinney Homeless Assistance Act, § 42 USC 11381- 11389; and WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this Agreement, and WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain activities to primarily benefit persons 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 SUBRECIPIENT 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 SUBRECIPIENT to implement such undertakings of the CoC -SHP Program as stated in the approved Supportive Housing Program (SHP) 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: ARTICLE ONE: DEFINITIONS AND PURPOSE: A. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HHVS" means Collier County's Department of Housing, Human and Veteran Services, and where applicable, its authorized representative(s). (3) "HHVS Approval" means the written approval of the HHVS or its designee. (4) "SUBRECIPIENT" means St. Matthew's House Inc. and where applicable its authorized St. Matthew's House, Inc. F1,029513413061003 `2010 Grant Page 1 of 16 Packet Page -2540- 12/13/2011 Item 16.D.9. representative(s). (5) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "Project" means the work contemplated to be performed as set forth in Exhibit "A." (7) "SHP" means Supportive Housing Program. (8) `Beneficiaries" means persons who are homeless or at -risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT 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. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement shall be October 1, 2011. . Subrecipients are authorized to incur eligible expenses after that date. The services of the SUBRECIPIENT shall be undertaken and completed in Light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to September 30, 2012. Any funds not obligated by the expiration date of the Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by the COUNTY, in an amount not to exceed $110,423.00 (ONE HUNDRED TEN THOUSAND FOUR HUNDRED TWENTY THREE DOLLARS) for the services described in Exhibit "A" of which, $1.07,730.00 (ONE HUNDRED SEVEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS) will go to the ST. MATTHEW'S HOUSE, INC. with $2,693.00 (TWO THOUSAND SIX HUNDRED NINETY THREE DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. B. 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. SUBRECIPIENT shall be responsible for providing match funding. SUBRECIPIENT shall not seek reimbursement from the COUNTY general funds for this match funding. The SUBRECIPIENT may be eligible for other federal grant opportunities. ARTICLE FIVE: PAYMENTS/NOTICES A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by HHVS using HUD funding. Payments will be limited to items in Exhibit "A." B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT 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 within forty -five (45) days of said official notification. St. Matthew's House, Inc. FL0295B4DO61003 '2010 Grant Page 2 of 16 Packet Page -2541- 12/13/2011 Item 16.D.9. C. The SUBRECIPIFNT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. D. The SUBRECIPIENT shall submit payment requests to HHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: I . The contractor's /vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the HHVS provide advance funding to the SUBRECIPIENT or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by ST. MATTHEW'S HOUSE, INC., Chair or designee, payment shall be made by HHVS. 4. 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 -5361, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. E. All disbursements by the SUBRECIPIENT must be fully documented to HHVS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE NINE herein below. F. The SUBRECIPIENT shall render a final and complete statement to HHVS of all costs and charges for services not previously invoiced. HHVS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT incurred after month September 30, 2012. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 583, of the HUD regulations concerning the Supportive Housing Program and all federal regulations. 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: 24 CFR 583, as amended - The regulations governing the Supportive Housing Program. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Title VI of the 1984 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 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. St. Matthew's House, Inc. FL0295134D061003 2010 Grant Page 3 of 16 Packet Page -2542- 12/13/2011 Item 16.D.9. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). H. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. The SUBRECIPIENT 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 SUBRECIPIENT 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 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 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 11.2, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County Administrative Procedure 531 I . St. Matthew's House, Inc. FL029513413061003 2010 Grant Page 4 of 16 Packet Page -2543- 12/13/2011 Item 16.D.9. 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 teens of all other Contract Documents, except AMA 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. Stal. 26. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that recipients of HUD funds (and their contractors and subcontractors) provide jobs and other economic opportunities to low- income persons, particularly public housing residents. Section 3 helps create employment for low - income persons and provides contracting opportunities for businesses that are owned by low - income people or that provide employment to low- income people. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD and the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HHVS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HHVS to assure proper accounting of project funds and compliance with the provisions of this Agreement. St. Matthew's House, Inc.. FL0295B4D061003 =2010 Grant Page 5 of 16 Packet Page -2544- t»,, 12/13/2011 Item 16.D.9. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HHVS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre -audit and post audit of all expenditures. B. The SUBRECIPIENT shall maintain records showing compliance with federal and local purchasing requirements and with other requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of CoC -SHP activities and funds. All audits covering the use of CoC -SHP funds shall be provided to the HHVS Grant Coordinator. Reimbursement will be contingent upon 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. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HHVS Grant Coordinator or HUD, may deem necessary. HHVS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HHVS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS, EVALUATIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HHVS with monthly status reports no later than the 10'h of every month as shown in Exhibit "C" beginning the month of contract execution and final report sutnmarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHVS by NOVEMBER 15, 2012. 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. HHVS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHVS, or HUD at any time. The SUBRECIPIENT will be required to submit to HHVS a written attestation they are not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension" by July 1" of each year through the end of the grant. St. Matthew's House, Inc. FL0295B4DO61003 20 ] 0 Grant Page 6 of 16 Packet Page -2545- 12/13/2011 Item 16.D.9. AUDITS AND INSPECTIONS Aft At any time during normal business hours and as often as HHVS, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHVS, or HUD, or the Comptroller General for examination all its records with respect to all matters covered by the Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -I 10 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non -Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHVS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -133 (Audits of State, Local Governments, and Non -Profit Organizations), the County reserves the right to require submission of audited financial statements and /or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUN'T'Y 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 program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. 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. 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 CDBG); (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 -SHP funds, whether for merit or cost of living. ARTICLE ELEVEN: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services St. Matthew's House, Inc. FL0295134D06I003 ",2010 Grant Page 7 of 16 Packet Page -2546- 12/13/2011 Item 16.D.9. subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE TWELVE: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to COC -SHP activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a COC -SH.P assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an COC -SHP assisted activity or with respect to the proceed of the COC -SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. F.,xcept as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. No Amendments to this agreement will be granted 90 days prior to end date of September 30, 2012. ARTICLE FOURTEEN: INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County, and its officers, employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorney' fees and paralegals' fees, whether resulting from any claimed breach of the Agreement by SUBRECIPIENT or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of SUBRECIPIENT or anyone employed by the SUBRECIPIENT in performance of this Agreement. ARTICLE FIFTEEN: 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 HHVS 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.) :!)i. maunew s House, Inc. rLU295B41)061003 2010 Grant Packet Page -2547- 12/13/2011 Item 16.D.9. 2. TERMINATION FOR CONVENIENCE AOW 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.) 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. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of COC -SHP grant application and the scope of the project in Exhibit "A." The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HHVS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this Agreement. The SUBRECIPIENT at its expense must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than ten (10) years with.Y. deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPI.ENT shall agree to be fully responsible for any deductibles, self - insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida, its Officers. Employees and Agents c/o Department of Housin-x & Human Services" The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SU`BRECI.PIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). St. Matthew's House, Inc. FL0295134D061003 ;2010 Grant Page 9of16 Packet Page -2548- 12/13/2011 Item 16.D.9. ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of HHVS. ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHVS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or HHVS from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the COC -SHP grant. ARTICLE NINETEEN: NON - ASSIGNABILITY Pursuant to 24 CFR 583.405, the SUBRECIPIENT may not assign this Agreement without the prior written consent of HHVS and HUD. ARTICLE TWENTY: ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto 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. SIGNATURE PAGES TO FOLLOW �St. Matthew's House, Inc. FL0295B4D061003 :2010 Grant Packet Page -2549- WITNESS our Hands and Seats on this ATTEST: DWIGHT E. BROCK, CLERK BY: ,Deputy Clerk Dated: (SEAL) day of 12/13/2011 Item 16.D.9. 20 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: FRED COYLE, CHAIRMAN F' Witness: ST. MATTHEW'S DOUSE, INC. {' ri Signet" BY: j Subrecipient Signature Type /print witness name . e�"f Type /print Subrecipient name and ti tie Second )Yitness: Signature" Type /print witness name St. Matthew's House, Inc. FL0295B4DO61003 2010 Grant Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney `� Page 11 of 16 Packet Page -2550- 12/13/2011 Item 16.D.9. a� EXHIBIT "A" SCOPE OF SERVICES ST. MATTHEW'S HOUSE. INC.OPERATING AND SUPPORTIVE SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of this project is to support the daily operations and supportive services needed to run Wolfe Apartments, a 46 -unit transitional and permanent housing facility, administered by St. Matthew's House. Inc. The Wolfe Apartments are located at 4630 10h Place SW Naples. FL 34116. This grant funding is used to assist the homeless population and maintain housing at Wolfe Apartments. as rents are less than market- priced housing, and to insure future participation and inclusion into the Homeless Management Information System (HMIS) to improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall Continuum of Care within Collier County. "]'his grant requires a match of 25% of operating services and 20% of supportive services. The SUBRECIPIENT further agrees that HHVS. in consultation with any parties HHVS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. B. BUDGET: Line Item: COC -SHP Funds Other: $110.4231.00 Supportive Services: -Case Management FTE Salary & benefits $ 34.230 TOTAL SUPPORTIVE SERVICES $ 34,230 Oneratine Services: - Maintenance /Repair $27,000 -Staff salary & benefits $ 6,000 - Utilities $25.300 - Supplies $ 200 - Insurance $ 15.000 TOTAL OPERATING COSTS $ 73,500 Grant Administration: Grant Administration to St. Matthew's House $ 2,693 TOTAL COC -SHP GRANT FUNDING 5110.423 MATCH: SUPPORTIVE SERVICES (FROM ST. MATTHEW'S HOUSE) $ 8,560 OPERATING SERVICES (FROM ST. MATTHEW'S HOUSE) $25,975 TOTAL MATCH FROM ST. MATTHEW'S HOUSE 534,53:3 TOTAL PROJECT BUDGET WITH MATCH $1.44,958 St. Matthew's House, Inc. FL029513413061003 :20 10 Grant Page 12 of 16 Packet Page -2551- 12/13/2011 Item 16.D.9. *Per COC application requirements, the subrecipient is responsible for match contributions. Match documentation must be submitted to HHVS prior to any expenditure of grant funds. losw Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HHVS, on behalf of the COUNTY, as the Grantee, for HHVS approval, in a form specified by HHVS. C. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. D 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 October 1, 2011 September 30, 2012 Provide Supportive and Operating Services until all giant funds have been expended PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable I Payment Schedule Demonstration of completion of an , Monthly upon invoicing of allowable operating, administration or supportive expense showing expenditures. service expense E. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HHVS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with COC -SHP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for HHVS approval of invoices, etc. for reimbursement. SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHVS by November 15. 2012. The Subrecipient will be responsible for providing all reporting data to Collier County upon request regarding the Federal Funding Accountability and Transparency Act (FFATA), St. Matthew's House, Inc. 171-029513413061.003 ,20 10 Grant Page 13 of 16 Packet Page -2552- 12/13/2011 Item 16.D.9. EXHIBIT °B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: ST MATHHEW'S HOUSE INC. Subrecipient Address: 2001 AIRPORT RD SOUTH NAPLES FL 34112 Project Name: 2010 -Grant Operating and Supportive Services CoC -SHP Project No: FLOB4D061003 Activity 4 Payment Request # SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded Dollar Amount Requested: 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ $110423 q, $ 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Title Authorizing Grant Coordinator Supervisor Director (Signature not required if under $15,000.00) St. Matthew's House, Inc. FL0295134D061003 2010 Grant Page 14 of 16 Packet Page -2553- Date 12/13/2011 Item 16.D.9. EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form, for past month and submit to Housing and Grants Section staff by the I e of the following month. Status Report for Month of Submittal Date: Project Name: 201.1 -Grant Operating and Supportive Services CoC SHP Project Number : FL0134D061003 Activity Number: Subrecipient: St. Matthew's House Inc. Contact Person: Lou Hoeested Telephone: 239- 298 -5023 Fax: 239- 774 -7146 E -mail: — lou cr.stmatthewshouse 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. 5. Identify any potential issues that may cause delay. 6. Progress on Completion of the Grant Activity (s): St. Matthew's House, Inc. FL0295B4DO61003 2010 Grant Page 15 of 16 Packet Page -2554- 12/13/2011 Item 16.D.9. 7. 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 September 30, 2012. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY September 30, 2012 report on the activity, the cause, and corrective actions. St. Matthew's House, Inc. FL0295134D061003 2010 Grant Packet Page -2555- 12/13/2011 Item 16.D.9. AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL0295B4D061003 THIS AGREEMENT, is entered into this day of 200_, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY "), and The Shelter for Abused Women & Children, Inc., (SAWCC) a private not - for- profit corporation existing under the laws of the State of Florida, having its principal address as P.O. Box 10102, Naples, FL 34101, and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as ( "SUBRECIPIENT "). WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective November 15, 201.0, and entered into an agreement with the SUBRECIPIENT to act on its behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Continuuum of Care (CoC) Supportive Housing Program (SHP), pursuant to the McKinney Homeless Assistance Act, § 42 USC 11381-11389; and WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this Agreement, and WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain activities to primarily benefit persons 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 SUBRECIPIENT 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 SUBRECIPIENT to implement such undertakings of the CoC -SHP Program as stated in the approved Supportive Housing Program (SHP) 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: ARTICLE ONE: DEFINITIONS AND PURPOSE: A. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HHVS" means Collier County's Department of Housing, Human and Veteran Services, and where applicable, its authorized representative(s). (3) "HHVS Approval" means the written approval of the HHVS or its designee. (4) "SUBRECIPIENT" means Shelter for Abused Women & Children (SAWCC) and where applicable its authorized representative(s). CoC SAWCC FL0295B4DO61003 2010 Grant Operating and Supportive Services Page I of 15 Packet Page -2556- 12/13/2011 Item 16.D.9. (5) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "Project" means the work contemplated to be performed as set forth in Exhibit "A." (7) "SHP" means Supportive Housing Program. (8) "Beneficiaries" means persons who are homeless or at -risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT 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 ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement shall be July 1, 2011. SUBRECIPIENTS are authorized to incur eligible expenses after that date. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 30, 2012. Any funds not obligated by the expiration date of the Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by the COUNTY, in an amount not to exceed S113,000.00 (ONE HUNDRED THIRTEEN THOUSAND DOLLARS) for the services described in Exhibit "A" of which, $113.000.00 (ONE HUNDRED THIRTEEN THOUSAND DOLLARS) will go to the SAWCC with $0.00 (ZERO DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. B. 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 responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. SUBRECIPIENT shall be responsible for providing match funding. SUBRECIPIENT shall not seek reimbursement from the COUNTY general funds for this match funding. The SUBRECIPIENT may be eligible for other federal grant opportunities. ARTICLE FIVE: PAYMENTSINOTICES A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by H14VS using HUD funding. Payments will be limited to items in Exhibit "A." B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HFIVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS within forty -five (45) days of said official notification. C. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. CoC SAWCC FL0295B413061003 2010 Grant Operating and Supportive Services Page 2 of 15 Packet Page -2557- 12/13/2011 Item 16.D.9. D. The SUBRECIPIENT shall submit payment requests to HHVS using the cover sheet in Exhibit "B," which is lowk attached hereto and made a part hereof. These requests will only be approved if: I. The contractor's /vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the HHVS provide advance funding to the SUBRECIPIENT or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by the SUBRECIPIENT'S Chair or designee, payment shall be made by HHVS. 4. 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 -5362, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. E. All disbursements by the SUBRECIPIENT must be fully documented to HHVS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE NINE herein below. F. The SUBRECIPIENT shall render a final and complete statement to HHVS of all costs and charges for services not previously invoiced. Hl iVS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT incurred after month June 30, 2012. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 583, of the HUD regulations concerning the Supportive Housing Program and all federal regulations. 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: 24 CFR 583, as amended The regulations governing the Supportive Housing Program. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq. 4. 24 CFR 107 - The regulations issued pursuant to Executive Order 1 1063 which prohibits discrimination and promotes equal opportunity in housing. 5. 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. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. CoC SAWCC FL029513413061003 2010 Grant Operating and Supportive Services Page 3 of 15 Packet Page -2558- 12/13/2011 Item 16.D.9. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. The SUBRECIPIENT 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 SUBRECIPIENT 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. projects. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted 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 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 CoC SAWCC FL029513413061003 2010 Grant Operating and Supportive Services Page 4 of 15 Packet Page -2559- 12/13/2011 Item 16.D.9. 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 SUBRECI.PIENT 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. Slat. 26. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 170]u (section 3). Section 3 of the HUD Act of 1968 requires, to the greatest extent feasible, that recipients of HUD funds (and their contractors and subcontractors) provide jobs and other economic opportunities to low - income persons, particularly public housing residents. Section 3 helps create employment for low- income persons and provides contracting opportunities for businesses that are owned by low - income people or that provide employment to low - income people. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD and the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HHVS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HHVS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: CoC SAWCC FL029513413061003 2010 Grant Operating and Supportive Services Page 5 of 15 Packet Page -2560- 12/13/2011 Item 16.D.9. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HHVS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre -audit and post audit of all expenditures. B. The SUBRECIPIENT shall maintain records showing compliance with federal and local purchasing requirements and with other requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of CoC -SHP activities and funds. All audits covering the use of CoC -SHP funds shall be provided to the HHVS Grant Coordinator. Reimbursement will be contingent upon 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. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HHVS Grant Coordinator or HUD, may deem necessary. HHVS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this I4UD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HHVS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS, EVALUATIONS, AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HHVS with monthly status reports no later than the 10th of every month as shown in Exhibit "C" beginning the month of contract execution and final report summarizing progress; timetables, and financial information for monitoring and evaluating all aspects of project activities. SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHVS by September 15, 2012 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. HHVS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHVS, or HUD at any time. The SUBRECIPIENT will be required to submit to HHVS a written attestation they are not debarred, suspended, or otherwise excluded from. or ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension" by July 1 s` of each year through the end of the grant. AUDI'T'S AND INSPECTIONS At any time during normal business hours and as often as HHVS, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHVS, or HUD, or the Comptroller CoC SAWCC FL0295134D061003 2010 Grant Operating and Supportive Services Pate 6 of 1 Packet Page - 2561 - 12/13/2011 Item 16.D.9. General for examination all its records with respect to all matters covered by the Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non -Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHVS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A -1.33 (Audits of State, Local Governments, and Non- Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A -133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. 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 program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ADDITIONAL HOUSING, HUMAN & VETERAN 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. WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIFNT 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 111 Fla. Stat. unless otherwise required by CDBG); (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 -SHP funds, whether for merit or cost of living. ARTICLE ELEVEN: CONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. CoC SAWCC FL0295B4D061003 2010 Grant Operating and Supportive Services Page7of15 Packet Page -2562- 12/13/2011 Item 16.D.9. ARTICLE TWELVE: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to COC -SHP activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a COC -SHP assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an COC -SHP assisted activity or with respect to the proceed of the COC -SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: , AMENDMENTS The County may, at its discretion. amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a. part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. No Amendments to this agreement will be granted 90 days prior to end date of June 30, 2012. ARTICLE FOURTEEN: INDEMNIF_ICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County, and its officers, employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorney' fees and paralegals' fees, whether resulting from any claimed breach of the Agreement by SUBRECIPIENT or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of SUBRECIPIENT or anyone employed by the SUBRECIPIENT in performance of this Agreement. ARTICLE FIFTEEN: 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 HHVS 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. I . 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 55.43.) 1 TERMINATION 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 CoC SAWCC FL029513413061003 2010 Grant Operating and Supportive Services Page 8of15 Packet Page -2563- 12/13/2011 Item 16.D.9. 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. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of COC -SHP grant application and the scope of the project in Exhibit "A." The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HHVS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this Agreement. The SUBRECIPIENT at its expense must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $1 00,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than ten (10) years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self- insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of County Commissioners a Political Subdivision of the State of Florida. its Officers Employees and Agents c/o Department of Housing~ Human & Veteran Services". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non - renewal of coverage shall be included on the certificate(s). ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of HHV S. r LULY_D t54UU01 UU.i 2010 Grant Operating and Supportive Services Page 9 of 15 Packet Page -2564- I ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION 12/13/2011 Item 16.D.9. The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHVS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and /or HHVS from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the COC -SHP grant. ARTICLE NINETEEN: NON - ASSIGNABILITY Pursuant to 24 CFR 583.405, the SUBRECIPIENT may not assign this Agreement without the prior written consent of HHVS and HUD. ARTICLE TWENTY: ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto 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. WITNESS our Hands and Seals on this day of ATTEST: DWIGHT E. BROCK, CLERK BY: ,Deputy Clerk Dated: (SEAL) First Witness: Signature Type /print witness name Second Witness: '' 9 -ct— Sni mature Type /print witness name CoC SAWCC FL0295B4D061003 2010 Grant Operating and Supportive Services 20 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ON FRED COYLE, CHAIRMAN THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. BY: Subrecipient Signature .1 1 nr t..4 i/U .e���l+g mil. �:�' eG. u :'. �-E- e 6 �Ta iC Type /print Subrecipient name and title Approved as to form and legal sufficiency: Jennifer B. White Assistant County Attorney Page 10 of 15 Packet Page -2565- 12/13/2011 Item 16.D.9. EXHIBIT "A" SCOPE OF SERVICES THE SHELTER FOR ABUSED WOMEN & CHILDREN INC.. OPERATING, SUPPORTIVE SERVICES THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The intended outcome of this funding is to provide funding to SAWCC in order to provide Operating, Supportive, and Administrative Services to run day to day operations for its programs. Activities /items /services will include but not be limited to, Salary, taxes, benefits, for staff, materials for life skills, education, and childcare for program participants, maintenance, supplies, services, utilities, tames and insurance. SAWCC will be providing match in the amount of 20% of the Supportive Services budget, and 25% of the Operating Services budget towards the grant. The SUBRECIPIENT further agrees that HHVS, in consultation with any parties HHVS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. B. BUDGET: Line Item: COC -SHP Funds Other: $113,000 Supportive Services - Transitional Living Advocate (Case Management) 1 FTE 80% of Salary, taxes & benefits $ 38,300 -Child Care, 1FTE Supervisor 80% of Salary, taxes & benefits $ 46,200 - Materials for life skills, 80 % of costs (education, child Care supplies Child Care for program participants) $ 8,400 TOTAL SUPPORTIVE SERVICES $ 92,900 Operating Services - Maintenance, IFTE Facilities Administrator 10% of salary, taxes & benefits $ 4,700 - Building Supplies, services, repairs, utilities, insurance Maintenance, 75% of cost $ 15.400 TOTAL OPERATING COSTS $ 20,100 GRANT TOTAL $113,000 MATCH: SUPPORTIVE SERVICES (20% FROM SAWCC) $ 23,225.00 OPERATING SERVICES (25% FROM SAWCC) $ 6.700.00 TOTAL MATCH FROM SAWCC $ 29,925.00 TOTAL PROJECT BUDGET WITH MATCH $142,925.00 CoC SAWCC bLU295B4ll061003 2010 Grant Operating and Supportive Services Page 11 of 15 Packet Page -2566- iW 12/13/2011 Item 16.D.9. *Per COC application requirements, the subrecipient is responsible for match contributions. Match documentation must be submitted to HHVS prior to any expenditure of grant funds. Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HHVS, on behalf of the COUNTY, as the Grantee, for HHVS approval, in a form specified by HHVS. C. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. 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 July 1, 2011 June 30, 2012 Provide Supportive and Operating Services until all grant funds have been expended D. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Demonstration of Monthly upon invoicing of allowable expenses completion of an operating or supportive service expense E. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HHVS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with COC-SHP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for HHVS approval of invoices, etc. for reimbursement. SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHVS by September 15, 2012. The Subrecipient will be responsible for providing all reporting data to Collier County upon request regarding the Federal Funding Accountability and Transparency Act (FFATA) , CoC SAWCC FL0295B4DO61003 2010 Grant Operating and Supportive Services Page 12 of 15 Packet Page -2567- 12/13/2011 Item 16.D.9. EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: SAWCC Subrecipient Address: P.O. Box 10102 Naples FL 34101 Project Name: 2010 -Grant Operating and Supportive Services CoC SHP Project No: Activity # 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) 7. If applicable amount held as retainage to date by the County, if not retained by the sub - recipient. $ $113,000 $ $ $ 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 Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Title Authorizing Grant Coordinator Supervisor Director (Signature not required if under $15,000.00) CoC SAWCC FL029513413061003 2010 Grant Operating and Supportive Services Page 13 of 15 Packet Page -2568- Date 12/13/2011 Item 16.D.9. EXHIBIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing and Grants Section staff hj, the l ilt'' of the following month. Status Report for Month of Submittal Date: Project Name : 2010 -Grant Operating and Supportive Services CoC -SHP Project Number : FL029513413061003 .Activity Number: Subrecipient: SA Contact Person: Marci Sanders Telephone: 239- 280 -1350 Fax: 239- 775 -3061 E -mail: msandersgu naplesshelter.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. 5. Identify any potential issues that may cause delay. 6. Progress on Completion of the Grant Activity (s): CoC SAWCC FL0295B4DO61003 2010 Grant Operating and Supportive Services Page 14 of 15 Packet Page -2569- 12/13/2011 Item 16.D.9. 7. 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 June 30, 2012. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY June 30, 2012, report on the activity, the cause, and corrective actions. CoC SA WCC FL0295B41D061003 2010 Grant Operating and Supportive Services Page 15 of 15 Packet Page -2570- 12/13/2011 Item 16.D.9. 4 Al "; ro U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT �''�,M 4� WASHINGTON. DC 20410 -7000 OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT January 19, 2011 Mr. Nick Green Program Coordinator Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Mr. Green: Congratulations! I am delighted to inform you that the homeless assistance application(s) submitted by your organization in the 2010 McKinney -Vento homeless assistance competition was selected for funding in the amount of 5226,116. Enclosed is a list that contains the name of the individual projects and the project number for each funded application. The Continuum of Care (COC) Homeless Assistance Program is an important part of HUD's mission. COCS all over the country continue to improve the lives of homeless men, women and children through their local planning efforts and through the direct housing and service programs funded in this year's competition. The programs and CoCs funded through the CoC Homeless Assistance Program continue to illustrate their value by improving accountability and performance every year. I commend you on the outstanding work of your program, and encourage you to continue to strive for excellence in the fight against homelessness. Congratulations again on your award. You will be receiving letter from your local HUD field office providing more information about finalizing your award. We are counting on you to use these important resources in a timely and effective manner. Enclosure(s) A Sincerely, Mercedes Marquez Assistant Secretary www.hud.gov espanol.hud.gov Packet Page -2571- Enclosure FL0295B4DO61003 FL -606 - REN - Shelter Transitional Housing Renewal $ 113,000 FL0296B4DO61003 FL -606 - REN - Wolfe Apartments $ 113,116 12/13/2011 Item 16.D.9. Total Awarded: $226,116 Packet Page - 2572 -