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Backup Documents 03/11/2011 Item #16D4ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 D 4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line throu h routing lines # I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Grants Coordinator (Initial) Applicable) 2. March 8, 2011 Agenda Item Number 16134 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Agreement Number of Original 6 5. Ian Mitchell, Executive Manager Board of County Commissioners I Documents Attached 3110 l� 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Nick Green, HHVS Phone Number 252 -2376 Contact Grants Coordinator (Initial) Applicable) Agenda Date Item was March 8, 2011 Agenda Item Number 16134 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Agreement Number of Original 6 Attached I I Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not apPropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be NG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's n/a Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the NG document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's NG si nature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip NG should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 03/08/11 and all changes made during NG the meeting have been incorporated in the attached document. The County Attorney's 1W Office has reviewed the changes, if applicable. I 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D4 MEMORANDUM Date: March 10, 2011 To: Nick Green, Grants Coordinator Housing, Human & Veteran Services From: Ann Jennej ohn, Deputy Clerk Minutes & Records Department Re: Sub - recipient agreement(s) for a Florida DCF Challenge Grant that will provide assistance to homeless residents of the County at the Shelter for Abused Women & Children, St. Matthew's House and Youth Haven Attached are three (3) original copies of the agreement referenced above (Item #16D4) approved by the Board of County Commissioners March 8, 2011. The Minutes and Record's Department will hold the second set of original documents in the Board's Official Records. If you have any questions please call me at 252 -8406. Thank you. Attachments (3) 1604 AGREEMENT BETWEEN COLLIER COUNTY man SAWCC, Inc. (SHELTER FOR ABUSED WOMEN & CHILDREN) State of Florida Homeless Assistance Challenge Grant# HFZID THIS AGREEMENT, is entered into this 0 F day of A ( 2011 by and between Collier County and the SAWCC, Inc. a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101, and its Federal Tax Identification number as 59- 2752895, hereinafter referred to as "Subrecipient." WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $63,397 to provide homeless assistance as described in Collier County's application dated August 27, 2010; and approved by the Board of County Commissioners after the fact on September 28, 2010 Item 16137. WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms, and Subrecipient desire to provide the activities specified in the SCG application; and WHEREAS, Collier County 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 grant funds are made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: 2011 Challenge Grant SAWCC Page 1 of 15 1604 I: DEFINITION DEFINITIONS (1) "CCHHVS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHVS Approval" means the written approval of the CCHHVS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means Shelter for Abused Women & Children (7) "Homeless" as defined by Section 420.621, Fla. Stat. (8) "Program Beneficiaries" means homeless persons or those at risk of becoming homeless. (9) "Project" means the work contemplated to be performed as set forth in Exhibit «A II: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," which are attached hereto and made a part hereof. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and 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 by June 30, 2011 Challenge Grant SAWCC Page 2 of 15 16D 4 2011. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. IV: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined by the County, in an amount not to exceed $18,000 (EIGHTEEN THOUSAND Dollars) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. V: PAYMENTS A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHVS, or CCHHVS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHVS 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 Subrecipient, payment shall be made by the CCHHVS. 2011 Challenge Grant SAWCC Page 3 of 15 16D4 C. All disbursements by the Subrecipient must be fully documented to CCHHVS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHVS pursuant to the submittal of monthly progress reports as identified in Exhibit «C E. Payment shall be made to the Subrecipient when requested as work progresses; but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHVS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHVS of all costs and charges for services not previously invoiced. The CCHHVS shall not be responsible for payments of any charges, claims or demands of the Subrecipient incurred after June 30, 2010. VI: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined in Section 420.621, Fla. Stat. through 420.626, Fla. Stat. No funds provided by this grant may be expended for the purpose of lobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHVS personnel or representatives to monitor the services, which are the subject of this SCG The Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. VII: 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 the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. 2011 Challenge Grant SAWCC Page 4 of 15 1604 VIII: MANAGEMENT ASSISTANCE CCHHVS will be available to the Subrecipient to provide guidance on SCG requirements. IX: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHVS 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 DCF Regulations and shall maintain the following financial records: 1. 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. B. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to CCHHVS. C. 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 CCHHVS or DCF, may deem necessary. CCHHVS 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. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHVS shall have the right to examine any of the said materials at any time during regular business hours. D. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this SCG. 2011 Challenge Grant SAWCC Page 5 of 15 16D4 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHVS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution. A final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities must be provided prior to grant closeout. XI: INDEPENDENT AGENT AND EMPLOYEES Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. XII: 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 contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement and written approval of CCHHVS. 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 state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. XIII: 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 SCG 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 SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 2011 Challenge Grant SAWCC Page 6 of 15 1604 XIV: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. XV: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c.) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. XVL• WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. 2011 Challenge Grant SAWCC Page 7 of 15 164 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHVS 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. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. XVIII: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 the 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. This Agreement may not be extended beyond June 30, 2011. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIX: TERMINATION 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, 2011 Challenge Grant SAWCC Page 8 of 15 16D4 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. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient's obligation to the County shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. XX: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. XXI: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Collier County Housing and Human Services Department at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112 -5361 and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2011 Challenge Grant SAWCC Page 9 of 15 164 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this March 08, 2011. ATTEST: Dwight E. Brock, Clerk of Courts Dai C4�naA �- -)'� First Witness ! '�--I 5� A11)jW s Type /print witness name t two. Second Witness 1-.0c% q\oCC' *%S Type /print witness name Approved as to form and Legal sufficiency: Assistant County Attorney Jennifer B. White BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Y: Fred W. Coyle, Chairman SAWCC, Inc. By: Subrecipient Signature LjNDA 06CeMus E-)(E e- br�. Type Print Subrecipient name and title Item # Agenda Date 6 Date Rec'd Depu Clerk 2011 Challenge Grant SAWCC Page 10 of 15 1604 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of a consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: This grant request will be used to pay for the partial salary, benefits and taxes of one full -time Shelter Advocate who will serve homeless women and children living in the emergency shelter who have been victims of domestic violence. The Shelter Advocate will assess residents' short term and long term needs, as well as assist them with accessing mainstream benefits, such as food stamps, medications, job placement, life skills, budgeting, nutrition and self care, court and legal assistance. These services will be utilized in order to help these families attain self sufficiency and independence. C. BUDGET: Challenge Grant funding for Partial- Salary, benefits, taxes for one Shelter Residential Shelter Advocate $18,000.00 Total Budget $18,000.00 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project to be completed no later than June 30, 2011. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHVS 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 State Challenge Grant funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHVS approval of invoices, etc. for reimbursement. 2011 Challenge Grant SAWCC Page 11 of 15 16D4 H. COMPENSATION. The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". 2011 Challenge Grant SAWCC Page 12 of 15 1604 1 EXHIBIT "B" SHELTER FOR ABUSED WOMEN & CHILDREN STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women & Children Subrecipient Address: P.O. Box 10102, Naples, FL 34010 Project Name: Challenge Grant — Shelter Advocate Project No: HFZ1D Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 18,000 2. Sum of Past Claims Paid on this Account $ 0 3. Total Grant Amount Awarded Less Sum $ Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 0 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 0 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2011 Challenge Grant SAWCC Page 13 of 15 16044 EXHIBIT "C" SHELTER FOR ABUSED WOMEN & CHILDREN STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHYS staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Challenge Grant — Shelter Advocate Project Number HFZ1D Activity Number Subrecipient: Shelter for Abused Women & Children, Inc. Contact Person Marci Sanders Telephone: 239- 775 -3862 Fax: E -mail: MSandersknaplesshelter.org Performance Measures 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. 2011 Challenge Grant SAWCC Page 14 of 15 164 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, 2011. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2011, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2011 etc.). 2011 Challenge Grant SAWCC Page 15 of 15 160y AGREEMENT BETWEEN COLLIER COUNTY AND ST. MATTHEW'S HOUSE State of Florida Homeless Assistance Challenge Grant# HFZ1D THIS AGREEMENT, is entered into this a day of A', (-(,6 , 2011, by and between Collier County and St. Matthew's House a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 65- 111050, hereinafter referred to as "Subrecipient." WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $63,397 to provide homeless assistance as described in Collier County's application dated August 27, 2010; and approved by the Board of County Commissioners after the fact on September 28, 2010 Item 16D7. WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms, and Subrecipient desire to provide the activities specified in the SCG application; and • The Subrecipient will provide Collier County Housing, Human and Veteran Services Department a copy of the vehicle's title before incurring related operation and maintenance expense(s) to the Challenge Grant. This Grant provides that a motor vehicle may not be purchased without prior legislative approval. WHEREAS, Collier County 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 grant funds are made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: 2011 Challenge Grant St. Matthew's House Page 1 of 15 1604 1; I: DEFINITION DEFINITIONS (1) "CCHHVS" means Collier County Housing, Human and Veteran Services Department and where applicable, it's authorized representative(s). (2) "CCHHVS Approval" means the written approval of the CCHHVS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means St. Matthew's House. (7) "Homeless" as defined by Section 420.621, Fla. Stat. (8) "Program Beneficiaries" means homeless persons or those at risk of becoming homeless. (9) "Project" means the work contemplated to be performed as set forth in Exhibit «A " II: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," which are attached hereto and made a part hereof. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and 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 by June 30, 2011. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2011 Challenge Grant St. Matthew's House Page 2 of 15 16D4 IV: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined by the County, in an amount not to exceed $10,000 (TEN THOUSAND Dollars) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. V: PAYMENTS A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHVS, or CCHHVS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHVS 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 Subrecipient, payment shall be made by the CCHHVS. C. All disbursements by the Subrecipient must be fully documented to CCHHVS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein. 2011 Challenge Grant St. Matthew's House Page 3 of 15 1604 D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHVS pursuant to the submittal of monthly progress reports as identified in Exhibit «C » E. Payment shall be made to the Subrecipient when requested as work progresses; but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHVS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHVS of all costs and charges for services not previously invoiced. The CCHHVS shall not be responsible for payments of any charges, claims or demands of the Subrecipient incurred after June 30, 2011. VI: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined in Section 420.621, Fla. Stat. through 420.626, Fla. Stat. No funds provided by this grant may be expended for the purpose of lobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHVS personnel or representatives to monitor the services, which are the subject of this SCG The Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. VII: 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 the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. 2011 Challenge Grant St. Matthew's House Page 4 of 15 16D4 VIII: MANAGEMENT ASSISTANCE CCHHVS will be available to the Subrecipient to provide guidance on SCG requirements. IX: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHVS 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 DCF 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. B. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to CCHHVS. C. 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 CCHHVS or DCF, may deem necessary. CCHHVS 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. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHVS shall have the right to examine any of the said materials at any time during regular business hours. D. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this SCG. 2011 Challenge Grant St. Matthew's House Page 5 of 15 1604 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHVS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution. A final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities must be provided prior to grant closeout. XI: INDEPENDENT AGENT AND EMPLOYEES Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. XII: 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 contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement and written approval of CCHHVS. 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 state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. XIII: 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 SCG 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 SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 2011 Challenge Grant St. Matthew's House Page 6 of 15 1604 XIV: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. XV: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c.) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. XVI: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. 2011 Challenge Grant St. Matthew's House Page 7 of 15 16D4 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHVS 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. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. XVIII: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 the 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. This Agreement may not be extended beyond June 30, 2011. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIX: TERMINATION 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. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, 2011 Challenge Grant St. Matthew's House Page 8 of 15 1604 a 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. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient's obligation to the County shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. XX: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. XXL• NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Collier County Housing, Human and Veteran Services Department at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112 -5361 and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2011 Challenge Grant St. Matthew's House Page 9 of 15 16D4 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this March 08, 2011. ATTEST: DwightB'.; N -A f110erk of Courts By.'i y� bated Type /print witness name Approved as to form and Legal sufficiency: Y� Assi tant County Attorney Jennifer B. White BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: " 'Iu� W Fred W. Coyle, Chairman St. Matthew's House By: Subrecipient Signature Type Print Subrecipie name and title Item # Agenda Date 2011 Challenge Grant St. Matthew's House Page 10 of 15 16D4 EXHIBIT "A" SCOPE OF SERVICES L THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of a consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. C. PROJECT SCOPE: This grant will be used to pay the partial salary related expenses for a Case Manager who will work directly with the Structured Recovery Program run by St. Matthew's House. The Case Manager helps the residents accomplish tasks and goals in order to help transition the homeless back into society as an independent successful citizen. In addition, the grant funds will be used to pay for transportation expenses for residents to get to medical appointments, job interviews, support meetings, and any situations that require emergency transportation. The transportation will be provided by St. Matthew's House vehicles or will be by means of public transportation through the use of bus tokens. C. BUDGET: Challenge Grant funding for $10,000 Partial salary related expenses for a Case Manager And transportation expenses for residents such as Vehicle repair, oil, gas, vehicle maintenance costs, bus tokens. Total Budget $10,000.00 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project to be completed no later than June 30, 2011. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the 2011 Challenge Grant St. Matthew's House Page 11 of 15 1604 CCHHVS 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 State Challenge Grant funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHVS approval of invoices, etc. for reimbursement. H. COMPENSATION. The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". 2011 Challenge Grant St. Matthew's House Page 12 of 15 16D 41 EXHIBIT "B" ST. MATTHEW'S HOUSE STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: St. Matthew's House Subrecipient Address: 2001 Airport Road, South Naples, FL 34112 Project Name: Project No: HFZ1D Dollar Amount Requested: 1. Grant Amount Awarded Grant Payment Request # SECTION II: STATUS OF FUNDS 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 10,000 0 0 0 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Title Date (approval authority under $14,999) (approval required $15,000 and above) 2011 Challenge Grant St. Matthew's House Page 13 of 15 EXHIBIT "C" l ST. MATTHEW'S HOUSE STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHVS staff by the 160 of the following month. Status Report for Month of Project Name Project Number Subrecipient Grant HFZ 1 D St. Matthew's House Contact Person Lou Hoegsted Submittal Date: Telephone: 239 298 -5023 Fax: E-mail: lougstmatthewshouse. org Performance Measures Activity Number 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. 2011 Challenge Grant St. Matthew's House Page 14 of 15 16D4 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, 2011. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2011, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2011 etc.). 2011 Challenge Grant St. Matthew's House Page 15 of 15 1604 AGREEMENT BETWEEN COLLIER COUNTY 00D] YOUTH HAVEN, INC. State of Florida Homeless Assistance Challenge Grant# HFZ11) THIS AGREEMENT, is entered into this Q6 day of Aa (G , 2011, by and between Collier County and YOUTH HAVEN, INC. a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112, and its Federal Tax Identification number as 23- 7065187, hereinafter referred to as " Subrecipient." WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $63,397 to provide homeless assistance as described in Collier County's application dated August 27, 2010 and approved by the Board of County Commissioners after the fact on September 28, 2010 Item 16D7. WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms, and Subrecipient desire to provide the activities specified in the SCG application; and WHEREAS, Collier County 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 grant funds are made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: 2011 Challenge Grant Youth Haven Page 1 of 15 R I: DEFINITION DEFINITIONS (1) "CCHHVS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHVS Approval" means the written approval of the CCHHVS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means Youth Haven, Inc. (7) "Homeless" as defined by Section 420.621, Fla. Stat. (8) "Program Beneficiaries" means homeless persons or those at risk of becoming homeless. (9) "Project" means the work contemplated to be performed as set forth in Exhibit «A " II: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B," which are attached hereto and made a part hereof. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be the latest date of execution of this Agreement, and 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 by June 30, 2011. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2011 Challenge Grant Youth Haven Page 2 of 15 1604 IV: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined by the County, in an amount not to exceed $15,397 (FIFTEEN THOUSAND THREE HUNDRED AND NINETY SEVEN Dollars) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. V: PAYMENTS A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHVS, or CCHHVS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHVS 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 Subrecipient, payment shall be made by the CCHHVS. 2011 Challenge Grant Youth Haven Page 3 of 15 1604 C. All disbursements by the Subrecipient must be fully documented to CCHHVS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHVS pursuant to the submittal of monthly progress reports as identified in Exhibit "C.11 E. Payment shall be made to the Subrecipient when requested as work progresses; but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHVS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHVS of all costs and charges for services not previously invoiced. The CCHHVS shall not be responsible for payments of any charges, claims or demands of the Subrecipient incurred after June 30, 2011. VI: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined in Section 420.621, Fla. Stat. through 420.626, Fla. Stat. No funds provided by this grant may be expended for the purpose of lobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHVS personnel or representatives to monitor the services, which are the subject of this SCG The Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. VII: 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 the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. 2011 Challenge Grant Youth Haven Page 4 of 15 1604 VIII: MANAGEMENT ASSISTANCE CCHHVS will be available to the Subrecipient to provide guidance on SCG requirements. IX: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHVS 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 DCF 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. B. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to CCHHVS. C. 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 CCHHVS or DCF, may deem necessary. CCHHVS 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. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHVS shall have the right to examine any of the said materials at any time during regular business hours. D. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this SCG. 2011 Challenge Grant Youth Haven Page 5 of 15 1604 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHVS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution. A final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities must be provided prior to grant closeout. XI: INDEPENDENT AGENT AND EMPLOYEES Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. XII: 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 contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement and written approval of CCHHVS. 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 state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. XIII: 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 SCG 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 SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 2011 Challenge Grant Youth Haven Page 6 of 15 16D XIV: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. XV: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c.) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. XVI: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. 2011 Challenge Grant Youth Haven Page 7 of 15 1604 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHVS 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. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. XVIIL• AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF 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 the 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. This Agreement may not be extended beyond June 30, 2011. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. 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. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIX: TERMINATION 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. 2. 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 2011 Challenge Grant Youth Haven Page 8 of 15 16D4 termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient's obligation to the County shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. XX: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. XXI: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Collier County Housing, Human and Veteran Services Department at its office, presently located at 3339 E Tamiami Trail, Suite 211, Naples, Florida 34112 -5361 and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2011 Challenge Grant Youth Haven Page 9 of 15 1604 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this March 08, 2011. ATTEST. Dwight-E Kp*,gClerk of Courts By: spy 4 Dater 48FA' -j� First Witness Type /print witness name e \ and itne V. V Type /print wit TX s ame Approved as to form and Legal sufficiency: %-i-> rv3��. Assistant Nunty Attorney Jennifer B. White BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: G?�4 - Fred W. Coyle, Chairman Youth Haven, Inc. By: 0— 25&d-z ?v ; Subrecipient Signature L'44 Type Print Subrecipient n and title Item # Agenda Data Date 31011 D uW - 2011 Challenge Grant Youth Haven Page 10 of 15 1604 EXHIBIT "A" SCOPE OF SERVICES THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of a consultant shall also incorporate any sub - consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub - consultants shall be at cost. Such sub - consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: This grant request will be used to pay salary and expenses for a Mobile Case Manager dedicated to helping families with children who are either currently homeless or at risk of becoming homeless. The Mobile Case Manager will provide crisis management, supportive services, information about housing options, job placement, budget and financial training, ready -to -rent training, assistance in preparing job applications, resume preparation, non -legal landlord /tenant mediation, parental educational support and modeling, referrals to specialist agencies, and on- going follow up and support. The Mobile Case Manager will create an individualized service plan for each family, with the goal of helping each family attain self - sufficiency in a stable housing environment. C. BUDGET: Challenge Grant funding for $15,397.00 Salary and expenses for a Mobile Case Manager $15,397.00 Total Budget $15,397.00 D. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. E. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. F. WORK SCHEDULE: The time frame for comoletion of the outlined activities shall be: Project to be completed no later than June 30, 2011. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHVS 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 State Challenge Grant funds, in part or in whole, and which is required in fulfillment of their 2011 Challenge Grant Youth Haven Page I 1 of 15 16D4 obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHVS approval of invoices, etc. for reimbursement. H. COMPENSATION. The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". 2011 Challenge Grant Youth Haven Page 12 of 15 16D4 EXHIBIT "B" Youth Haven, Inc. STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Youth Haven, Inc Subrecipient Address: 5867 Whitaker Road, Naples, FL 34112 Project Name: Challenge Grant - Mobile Case Manager Project No: HFZ1D Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 15,397.00 2. Sum of Past Claims Paid on this Account $ 0 3. Total Grant Amount Awarded Less Sum $ Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ 0 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 0 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Authorizing Grant Coordinator Supervisor Dept Director Signature Title Date (approval authority under $14,999) (approval required $15,000 and above) 2011 Challenge Grant Youth Haven Page 13 of 15 1604 EXHIBIT "C" YOUTH HAVEN, INC. STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHYS staff by the 10th of the following month. Status Report for Month of Submittal Date: Project Name Challenge Grant- Mobile Case Manager Project Number HFZ1D Subrecipient: Youth Haven, Inc. Contact Person Jinx Liggett Telephone: 239 - 687 -5171 Fax: E -mail: j inx.liggettgyouthhaven.net Performance Measures Activity Number 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. 2011 Challenge Grant Youth Haven Page 14 of 15 16D4 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, 2011. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2011, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2011 etc.) 2011 Challenge Grant Youth Haven Page 15 of 15