Backup Documents 03/11/2011 Item #16D7ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP+ 6 i+ /
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 through routing lines #I through 44, 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
16D7
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4.
Agreement
Number of Original
2
5. Ian Mitchell, Executive Manager
Board of County Commissioners
Documents Attached
3I
lIo 11
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
16D7
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
2
Attached
I
Documents Attached
INSTRUCTIONS & CHECKLIST
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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
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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
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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
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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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
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the meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
1607
MEMORANDUM
Date: March 10, 2011
To: Nick Green, Grants Coordinator
Housing, Human & Veteran Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Sub - recipient Agreement for a HUD Continuum of
Care Homeless Assistance Grant to aid with daily
operations and support services at St. Matthew's House
Attached is an original copy of the document referenced above (Item #16D7)
approved by the Board of County Commissioners on March 8, 2011.
The Minutes and Record's Department will hold the second original agreement
in the Board's Official Records.
If you have any questions please call me at 252 -8406.
Thank you.
Attachment
16D7 ,
AGREEMENT BETWEEN COLLIER COUNTY
I ffil7
ST. MATTHEW'S HOUSE, INC.
Catalog of Federal Domestic Assistance # 14.235
HUD Grant # F1,0296134D060802, PIN FL606
THIS AGREEMENT is entered between Collier County, a political subdivision of the State of Florida, ( "COUNTY "),
and St. Matthew's House, Inc. 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 23, 2009 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 Continuum of Care (CoQ 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
representative(s).
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(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" mean 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 between HUD and Collier County shall be October 1, 2010. Subrecipients are
authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior
written approval. 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, 2011. 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 ) of which $107,730.00 (ONE
HUNDRED SEVEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS) will be expended for the
services described in Exhibit "A" and $2,693.00 (TWO THOUSAND SIX HUNDRED NINETY THREE
DOLLARS) will be expended on grant administration. The amount of $2,693.00 (TWO THOUSAND
SIX HUNDRED NINETY THREE DOLLARS) is to be retained by Collier County for 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."
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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.
C. The SUBRECIPIENT 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 H14VS using the cover sheet in Exhibit "B," which is
attached hereto and made a part hereof. These requests will only be approved if
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. H14VS shall not be responsible for payment of any charges, claims, or
demands of the SUBRECIPIENT incurred after September 30, 2011.
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 11063 which prohibits
discrimination and promotes equal opportunity in housing.
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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.
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).
IL 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 I1I, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, as amended, and County
Administrative Procedure 5311.
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23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except
the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract
Documents upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,
which courts have sole and exclusive jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT with full decision - making
authority and by COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation shall be
attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under § 44.102, Fla. Stat.
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:
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 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.
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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 St. Matthew's House, COC -SHP activities and funds. All audits covering the use of St. Matthew's
House, 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`" 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) into HMIS by September 15� of
each year through the end of the grant.
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 certifies that neither it nor its principles are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department
or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this covered transaction.
AUDITS 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 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
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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 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.
1.�f7�W��1► /: ' ' Z�li1:�1I.
(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 rates of pay and pay increases paid out of CDBG 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.
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.
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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.
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.)
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 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.
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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 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 County Board of County Commissioners, a Political Subdivision of
the State of Florida, its Officers, Employees, and Agents, c/o Department of Housing, Human and 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 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 -SUP grant.
Page 9of15
CoC St. Matthew's House, Inc. F1,0296134D060802
160 7
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
11
eputy
Dated
Yom. First ;es'
s
JA
Type /print witness name
Second Witness
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLO IDA
t By: W .
Clerk Fred W. Coyle, CHAIRMAN
Type /print witness name
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
ST. MATTHEW'S HOUSE, Inc.
By•
SUBRECfPIENT Signature
04,4 lev
Type /print SUBRE IENT name and title
Page 10 of 15
CoC St. Matthew's House, Inc. F1,029613413060802
Item #
Date
Date
�� 1
edd
16D 7
EXHIBIT "A"
SCOPE OF SERVICES
ST. MATTHEW'S HOUSE, INC. — WOLFE APARTMENTS
THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The purpose of the 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.
Matthews House, Inc. The Wolfe Apartments are located at 4630 16th 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 HMIS system 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. This 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:
OPERATING SERVICES:
Maintenance/Repair
Staff
Utilities
Equipment
Supplies
Insurance
TOTAL OPERATINGSERVICES
SUPPORTIVE SERVICES:
Case Management
TOTAL SUPPORTIVE SERVICES
GRANT ADMINISTRATION:
Grant Administration to St. Matthew's House
TOTAL Administration to St. Matthew's House
TOTAL CoC -SHP FUNDING to St. Matthew's
GRANT ADMINISTRATION:
Grant Administration to HHVS
$ 2,693.00
TOTAL CoC -SHP Grant Funding
Page 11 of 15
CoC St. Matthew's House, Inc. 171,0296134D060802
CoC -SHP Funds Other:
$24,000.00
$23,500.00
$ 15, 000.00
$ 1,000.00
$ 1,000.00
$ 9,000.00
$73,500.00
$ 34, 230.00
$ 34, 230.00
$ 2,693.00
$ 2,693.00
$ 110,423.00
$ 2,693.00
$ 113,116.00
16D7
MATCH:
Operating Services (25% from St. Matthew's House, Inc.) $ 24,500.00
Supportive Services (20% from St. Matthew's House Inc.) $ 8,560.00
TOTAL MATCH from St. Matthew's House, Inc. $ 33,060.00
TOTAL PROJECT BUDGET WITH MATCH $146,176.00
*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
HHV S, on behalf of the COUNTY, as the Grantee, for HHV S approval, in a form specified by HHV S.
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 01, 2010
September 30, 2011
Not applicable due to nature
of grant requirements
E. PAYMENT SCHEDULE:
The following table details the project deliverables and payment schedule.
Deliverable
Payment Schedule
Demonstration of completion of an operating or
supportive services expense
Upon invoicing of allowable expenses showing
expenditures by month
End of Exhibit "A"
Page 12 of 15
CoC St. Matthew's House, Inc. FL029613413060802
16L 7
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN & VETERAN SERVICES DEPARTMENT
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: St. Matthew's House, Inc.
SUBRECIPIENT Address: 2001 Airport Rd South, Naples FL 34112
Project Name: Wolfe
Project No: FL029613413060802
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.
Activity #
$ $110,423.00
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)
Page 13 of 15
CoC St. Matthew's House, Inc. 171-029613413060802
Date
EXHIBIT "C"
CoC MONTHLY PROGRESS REPORT
Complete form for past month and submit to HHVS staff by the IO`h of the following month.
Status Report for Month of
Submittal Date:
1607
Project Name: Wolfe Apartments
Project Number : FL0296B4D060802 Activity Number: N/A
Subrecipient: St. Matthew's House, Inc
Contact Person: Lou Hoegsted
Telephone: 239 - 298 -5023 Fax: 239 - 774 -7146
E -mail: Lougstmatthewshouse.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):
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, 2010.
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CoC St. Matthew's House, Inc. FL0296B4D060802
16U7
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY September 30,
2010, 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 September 30, 2010 etc.).
Page 15 of 15
CoC St. Matthew's House, Inc. FL0296B4D060802