Loading...
Backup Documents 12/15/2009 Item #16D 5 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 l.. D 5 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUJI,nJ .. 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 # 1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the excention of the Chairman's silmature, draw a line throuel routine: lines #1 through #4, comDlete the checklist, and forward to Ian Mitchell. Route to Addressee(s) Office Initials Date (List in routine: order) 1. 2. 3. 4. 5.Ian Mitchell, Supervisor BCC Office Board of County Commissioners 7;C '1/, =f/oy 6. Minutes and Records- Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee 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 Sue Filson, 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 Wendy Klopf, Operations Coordinator Phone Number 252-290 I Contact Agenda Date Item was December 15, 2009 Agenda Item Number 1605 Aooroved bv the BCC Type of Document Challenge Grant-Agreement with DCF-both Number of Original 2 Attached conies need to be sent back to DCF Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is ro riate. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office ofthe 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is Iicable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are r uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approvaL Some documents are time sensitive and require forwarding to Tallabassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on December 15. 2oo2(enter date) and all changes made during the meeting have heen incorporated in the attached document. The Coun Attorne 's Office has reviewed the chan es, if a Iicable. Yes (Initial WK N/A (Not A Iicable) 2. 3. 4. 5. 6. WK WK WK NA WK I: Formsl County Formsl BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1605 MEMORANDUM Date: December 21, 2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Two original agreements with Florida's Department of Children & Families State Office on Homelessness accepting and agreeing to administer the $96,000 awarded for five sub-recipient challenge grants (Grant #HFZ03) Attached are the two original challenge grant agreements, referenced above, (Item #16D5) approved by Board of County Commissioners December 15, 2009. The Minutes & Record's Department will hold a copy of the agreement for the Board's Official Record. If you should have any questions, please contact me at 252-8406. Thank you. Attachments (2) 16D5 Memorandum ~ '55 % c-> To: Trish Morgan-Manager Clerk of Courts - Minutes and Records -0 '$ r:? J;:" .... '6c c::. "", -7 -r ~C -.L.. rf )7 (- --\~. ---\ -, r' ':Q:r- :z:. r-r' ':2 - -' From: Wendy Klopf-Operations Coordinator Date: December 17, 2009 Subject: Subrecipient Agreement Re: Challenge Grant FY2009-2010 - Department of Children & Families Attached is two (2) original agreements between Collier County and Department of Children & Families funding in the amount of $ 96,000.00 towards a project that will support 5 Subrecipient Agreements that was approved by the BCC on 12/15/2009. The two (2) original Grant Agreements must be returned to DCF for their final signatures. Please call me at 252-2901 if you have any questions. Thank you. Housing & Human Services Deparlment Public Services Division - 16D5 2009-2010 THE STATE O..'FICE ON HOMELESSNESS CHALLENGE GRANT AGREEMENT Collier County Board of County Commissioners and State of Florida Department of Children and Families WHEREAS the State Office on Homelessness of the Department of Children and Families (hereinafter Department) with the concurrence of the Council on Homelessness has been tasked by section 420.622 Florida Statutes, to accept and administer monies appropriated to it for the purpose of awarding challenge grants to lead agencies for homeless assistance continuums of care, and WHEREAS the Department has received a grant application from Collier County Board of County Commissioners in Collier County, (hereinafter Grantee), and WHEREAS it appears to the Department that there is a need to provide the services described in that application, NOW, THEREFORE, The Department hereby awards the sum of $96.000.00 Dollars to Grantee under the following terms and conditions: 1. The application filed with the Department by the Grantee dated July 10, 2009 and attached to this agreement as Attachment I is hereby incorporated within this agreement as if fully set out at length here. The solicitation document upon which that application is based is also hereby incorporated within this agreement as Attachment II. 2. Grantee hereby agrees to perform the tasks and to provide the services described in that application as described in Attachment I with the following exceptions and/or special conditions: With or prior to requesting the first draw, a copy of the Grantee's executed sub-recipient agreements will be provided to the Department. 3. Grantee agrees that it will award sub-grants as described in its application and that it will do all those things which it asserted that it will do in that application including supervising and coordinating expenditures made by sub-grantees. The sub-grant agreements executed by the grantee with the other entities carrying out activities funded under this grant agreement, shall provide that such sub-grantees shall be required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. Grantee further agrees that it will use due diligence in supervising its sub-grantees to assure that funds are expended for the purposes intended and that a full accounting for these grant funds is made. 4. Where there is a conflict between the grant application incorporated herein by reference and this Challenge Grant Agreement, this Challenge Grant Agreement shall prevail. GRANT # HFZ03 16D5 2009-2010 THE STATE OFFICE ON HOMELESSNESS 5. In accordance with sections 11.062 and 216.347, F.S., (Attachment V) no funds provided by this grant may be expended for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 6. This Challenge Grant Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the applicable State of Florida laws. Each party shall perform its obligations herein in accordance with the terms and conditions of this grant agreement. It is hereby agreed by the parties that in the event that litigation by either party to this grant agreement becomes necessary that venue shall be proper in Leon County, Florida. 7. Grantee agrees to maintain complete, accurate and adequate records, including financial records, relating to funds received pursuant to this Challenge Grant Agreement and of all expenditures made by Grantee and its sub-grantees with grant funds. The Grantee will require audit and record keeping requirements in all sub-grants and assignn'lents. All records shall be in sufficient detail to permit a proper pre audit and a post audit of all expenditures. 8. Grantee agrees to provide a financial and compliance audit to the Department as specified in this Challenge Grant Agreement and in the Financial and Compliance Attachment (Attachment III) and to ensure that all related party transactions are disclosed to the auditor. 9. Grantee agrees to retain all financial records, supporting documents, statistical records and any other documents, whether kept by electronic storage media or otherwise, pertinent to this Challenge Grant Agreement for a period of not less than six (6) years after the starting date of this Challenge Grant 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 persons duly authorized by the Department shall have full access to, and shall have the right to examine any ofthe said materials at any time during regular business hours. 10. Grantee agrees to furnish the Department with monthly status reports on the form included in Attachment II on or before the 20th day of each month following the month of services. 11. Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out ofthe negligent or intentional acts or omissions of the grantee, and its agents, sub-grantees and employees, during performance pursuant to this Challenge Grant Agreement. Further, the Grantee agrees to indemnifY the Department against all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentional acts or omissions of the Grantee, and its agents, sub-grantees, and employees, during performance pursuant to this Challenge Grant Agreement. (NOTE: This paragraph is not applicable between state agencies or subdivisions, as defined in subsection 768.28(2), F.S.) 12. Grantee agrees to establish an informal dispute resolution process with which to resolve any disputes between the Grantee and any sub-grantees or recipients. Disputes between the Grantee and any sub-grantees will be resolved in accordance with those procedures. 2 GRANT # HFZ03 1605 2009-2010 THE STATE OFFICE ON HOMELESSNESS 13. As required by section 286.25, F.S., if the Grantee is a non-governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this grant agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (insert Grantee's name) and the State of Florida, Department of Children and Families." If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in the same size letters or type as the name of the organization. 14. Grantee shall not use or disclose any information concerning a recipient of services under this Challenge Grant Agreement for any purpose prohibited by state law or regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). 15. The Grantee shall permit Department personnel or representatives to monitor the services that are the subject of this Challenge Grant Agreement. 16. Grantee agrees to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Grantee in conjunction with this Challenge Grant Agreement. 17. The release of funds shall be subject to the availability of funds and release of funds by the Department, and in accordance with the Request for Release of Funds Schedule which is incorporated into this agreement as Attachment IV. The Grantee shall prepare and submit a request for release of funds on the Grantee's stationary in accordance with the grant application and the Request for Release of Funds Schedule, Attachment IV. The Department will provide the funds within forty (40) days of the receipt of the request for release of funds. The State of Florida's performance and obligation to pay under this Challenge Grant Agreement is contingent upon an arumal appropriation by the Legislature. 18. Any notice that is required under this Challenge Grant Agreement shall be in writing and sent by hand delivery, U.S. Postal Service Certified mail, return receipt requested, or any expedited delivery service that provides verification of delivery. Said notice shall be sent to the representative of the Grantee responsible for administration at the designated address contained in this Challenge Grant Agreement. 19. This Challenge Grant Agreement shall be effective on December 01. 2009, or on the date on which the Challenge Grant Agreement has been signed by both parties, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on June 30. 2010 or upon completion of the grant funded activities, whichever is earlier. 20. In the event funds for payment pursuant to this Challenge Grant Agreement become unavailable, the Department may terminate this Challenge Grant Agreement upon no less than twenty-four (24) hours notice in writing to the Grantee. Said notice shall be delivered by hand delivery, U.S. Postal Service, or any expedited delivery service that provides verification of delivery. The Department shall be the final authority as to the availability and adequacy of state 3 GRANT # HFZ03 16D5 2009-2010 THE STATE OFFICE ON HOMELESSNESS funds. In the event of termination of this Challenge Grant Agreement, the Grantee will be compensated for any work satisfactorily completed. 21. Grantee agrees to return to the Department any overpayments or funds disallowed pursuant to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee by the Department. In the event that the Grantee or its independent auditor discovers that an overpayment has been made, the Grantee shall repay said overpayment immediately without prior notification frorn the Department. In the event that the Department first discovers an overpayment has been made, the grant manager, on behalf of the Department, will notifY the Grantee by letter of such findings. Should repayment not be made forthwith, the Grantee will be charged at the lawful rate of interest on the outstanding balance after Department notification or Grantee discovery. 22. Construction, Renovation, or Purchase of Real Property Using State Funds: In accordance with Section 402.73(3) Florida Statutes (2005), if this grant includes funds for the purchase of or improvement to real property the provision of grant funds are contingent upon the grantee granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the grantee agrees that, if it disposes of the property before the department's interest is vacated, the grantee will refund the proportionate share of the state's initial investment, as adjusted by depreciation. 23. Any modification of provisions of this Challenge Grant Agreement shall be approved at the Department's district level. Approval of any modification of provisions of this grant shall occur only after receipt by the Department of a signed certification of consistency of the proposed change with the continuum of care plan. Written approval of any such modifications shall be attached to the original of this Challenge Grant Agreement and a copy shall be sent to the Office on Hornelessness. 24. Official Name of Payee and Representatives: A. The official Grantee name, as shown on page one (1) of this Challenge Grant Agreement and as listed in MyFlorida Market Place, and mailing address as listed in MyFlorida Market Place, to whom the Department shall issue payment is: Collier County Board of County Commissioners 2800 N. Horseshoe Drive Naoles. Florida 34104 B. The name, address, telephone number, and email address of the grant manager for the Grantee under this Challenge Grant Agreement is: Marcv Krumbine. Director 3301 Tamiami Trail. East Buildinl! H. Suite 211 Naoles. Florida 34112 Phone: 239-252-2273 E-mail: marcvkrumbinela)coIIierl!ov.net C. The name, address, telephone number, and email address of the grant manager for the Department under this Challenge Grant Agreement is: 4 GRANT # HFZ03 1605 2009.2010 THE STATE OFFICE ON HOMELESSNESS Robert Farr 2295 Victoria Avenue Fort Mvers. Florida 33901 Phone: 239-338-1295 E-mail: Robert Farrfaldcf.state.fl.us 25. This Challenge Grant Agreement and its attachments and any exhibits referenced in said attachments, together with any documents incorporated by reference, contain all the terms and conditions agreed upon by the parties. There are no provisions, terms, conditions, or obligations other than those contained herein, and this Challenge Grant Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. If any term or provision of this Challenge Grant Agreement is legally determined unlawful or unenforceable, the remainder of the Challenge Grant Agreement shall remain in full force and effect and such term or provision shall be stricken. IN WITNESS THEREOF the parties hereto have executed this 199 page Challenge Grant Agreement by their undersigned officials as duly authorized. Approved as to form & legal sufficiency GRANTEE: -ili.~(}PJJ.- ~ Colleen Greene, Assistant County Attorney Collier Cou oard of Countj Co.~ssioners ih-?-.l'~ ,;j; <1.4_ Signed By: ;, Name: ~::DONNA j:";AL..A ATTE$'r': DWIGHT e"E3AO~k,/-:lerk ~.......;"..n.u A' II.,. · .tona,,". \:.' Grantee Federal EID#: 596000558 ". Title: Chair Date: i'2 I I / I -=t- / '2...0 0 ~ Grantee Fiscal Year Ending Date: 09/30 *************************************************** STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Item# ~ Signed By: Agenda \ o1S m Date I ~:d \81<ljYJ . M Name: Harriet A. Coleman Title: Circuit Administrator Deputy Clerk Date: 5 GRANT # HFZ03 ORIGINAL DOCUMENTS CHECKLIST & ROUTINGtS~ID TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT'JlA) 5 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 Roard Officc only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 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 throiW routing lines # I throuQ:h #4, complete the checklist, and forward to Ian Mitchell. Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. . 5.Ian Mitchell, Supervisor BCC Office Board of County Commissioners ~ I ,-} l1/oJ 6. Minutes and Records- Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bce 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-290 I Contact Agenda Date Item was December 15, 2009 Agenda Item Number 16D5 Approved bv the BCC Type of Document Challenge Grant-Agreement ST Number of Original 2 Attached MATTHEWS HOUSE Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ssibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallabassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The doeument was approved by tbe BCC on December 15. 2002(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Altorne 's Office has reviewed the chan os, if a licahle. Yes (Initial WK 2. 3. 4. 5. 6. WK WK WK NA WK I: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D5 MEMORANDUM Date: December 18, 2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreements with State of Florida's Department of Children & Families accepting Challenge Grant #HFZ03 for $96,000 for non-profit sub-recipients: Saint Matthew's House, The Shelter for Abused Women & Children, The National Alliance on Mental Illness, Collier County's Hunger and Homeless Coalition and Youth Haven, Inc. Attached please find five (5) original grant agreements, as referenced above, (Item #16D5) approved by Board of County Connnissioners on December 15, 2009. The Minutes & Record's Department has held the second set of original agreements for the Board's Official Record. If you should have any questions, please contact me at 252-8406. Thank you. Attachments (5) 16D5 AGREEMENT BETWEEN COLLIER COUNTY AND ST. MATTHEW'S HOUSE State of Florida Homeless Assistance Challenge Grant# HFZ03 THIS AGREEMENT, is entered into this 15 day of nPU'rYlbeY" ,2009, by and between Collier County and the St. Matthew's House a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 200 I 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 $96,000 to provide homeless assistance as described in Collier County's application dated July 8, 2009; and approved by the Board of County Commissioners after the fact on 07/28/2009 Item 16D2. 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 and Human 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: 2009-2010 Challenge Grant St. Matthew's House Page I of 15 16D5 I: DEFINITION DEFINITIONS (1) "CCHHS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representati ve( 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 ofhomelessness. 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, 2010. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2009-2010 Challenge Grant St. Matthew's House Page 2 of 15 16D5 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 CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: I. The contractor's/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 CCHHS 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 CCHHS. 2009-2010 Challenge Grant St. Matthew's House Page 3 of 15 16D5 C. All disbursements by the Subrecipient must be fully documented to CCHHS 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 CCHHS 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 CCHHS, 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 CCHHS of all costs and charges for services not previously invoiced. The CCHHS 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 CCHHS 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. 2009-2010 Challenge Grant St. Matthew's House Page 4 of 15 16D5 VIII: MANAGEMENT ASSISTANCE CCHHS 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 CCHHS to assure proper accounting of project funds and compliance with the provisions ofthis Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: I. 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 CCHHS. 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 CCHHS or DCF, may deem necessary. CCHHS 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 CCHHS 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. 2009-2010 Challenge Grant St. Matthew's House Page 5 of 15 16D5 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS 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 ofCCHHS. 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. 2009-2010 Challenge Grant St. Matthew's House Page 6 of 15 16D5 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: I. 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. 2009-2010 Challenge Grant St. Matthew's House Page 7 of 15 16D5 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHS 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, 2010. 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 1. 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 termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 2009-2010 Challenge Grant St. Matthew's House Page 8 of 15 16D5 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 3301 E Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112 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 2009-2010 Challenge Grant St. Matthew's House Page 9 of 15 16D5 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 December 15, 2009. ATTEST: ,,"""ot Dwigb:~~.~;~~lt.~k of Courts .,.' ("'f' ~..'" -'. '''.}r.. -'. , .,... ".,':'.', C--( By:~' . .' '-J- '.' " ",\,--',."' ",:J" ;:'.:' '/'t' '. ' '.'" da~:. ~~~1'" . . ":t'.-":'"', -- 'a, ''"1. .;~ ~..tO~QaeI"" .' -~....... . . ..~~, ,- .. BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~d By: Donna F ala, Chairman ST. MATTHEW'S HOUSE Second Witness -, / /~ I.c/J Ihtf6 S7/f) ~ Type/print witness name VntJN '/? EUt.S'd!lJ ~~~b:p;~amlt~z:> Approved as to form and Legal sufficiency: re~ Assistant County ttorney Signature ltem# \LQQs Agenda \d-tS-()~ Date ___ Colleen Greene ~~~d \'a-n=D'1 "'fS' Deputy Clerk 2009-2010 Challenge Grant St. Matthew's House PagelOofl5 16D5 EXHIBIT "A" SCOPE OF SERVICES 1. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the 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 testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: This grant will be used to pay the partial salary 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 thru the use of bus tokens. C. BUDGET: Challenge Grant funding for $10,000 Partial Salary for a Case Manager $9,000.00 Transportation Expenses Vehicle repair, oil, gas, vehicle maintenance costs, bus tokens. $ 1,000.00 Total Budget $10,000.00 C. 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. D. FORMER PROJECTS: Failure to adequately maintain any fonner 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 2009-2010 Challenge Grant St. Matthew's House Page 11 of 15 16D5 Florida Challenge Grant funds. E. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be: Project to be completed no later than June 30, 2010. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS 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 CCHHS 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 HHS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUB RECIPIENT 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 be made upon receipt of a proper invoice and upon approval by CCHHS or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." 2009-2010 Challenge Grant St. Matthew's House Page 12 of 15 16D5 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: Challenge Grant HFZ03 Project No: Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount Awarded $ 2. Sum of Past Claims Paid on this Account $ 10,000 o 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ o 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 $ o 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 Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2009-2010 Challenge Grant St. Matthew's House Page 13 of 15 16D5 EXHIBIT "C" ST. MATTHEW'S HOUSE STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name DCF CHALLENGE GRANT 2009-2010 HFZ03 Project Number Activity Number Subrecipient: St. Matthew's House Contact Person Lou Hoegsted Telephone: 239 298-5023 Fax: E-mail: loulalstmatthewshouse. org Performance Measures 1. Activity Status/Milestones (describe any action taken, relating to this proj ect, 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. 2009-2010 Challenge Grant St. Matthew's House Page 14 of 15 16D5 Progress on Completion ofthe 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 ofthe activity or use by June 30, 2010. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 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 June 30, 2010 etc.). 2009-2010 Challenge Grant St. Matthew's House Page 15 of 15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D. 5 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 Otlice. The completed routing slip and original documents are to be forwarded to the Roard 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 excention of the Chairman's sie:nature, draw a line throwm routine: lines # I through #4, comolete the checklist, and forward to Ian Mitchell- Route to Addressee(s) Office Initials Date (List in routinll' order) I. 2. 3. 4. 5.Ian Mitchell, Supervisor Bee Office Board of County Commissioners f/_ P-ll7-ID'l '-" 6. Minutes and Records- Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to he delivered to the Bee office only after the Bee has acted to approve the item) Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901 Contact Agenda Date Item was December 15, 2009 Agenda Item Number 1605 Annroved bv the BCC Type of Document Challenge Grant-Agreement SA WCC Number of Original 2 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is TO riate. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ssibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the tinal ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson 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 our deadlines! The document was approved by the BCC on December 15. ~enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attornc 's Officc has reviewed the chan eo, if a Iicahle. Yes (Initial WK 2. 3. 4. 5. 6. WK WK WK NA WK I: FonnsJ County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D5 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN & CHILDREN, INC. State of Florida Homeless Assistance Challenge Grant# HFZ03 THIS AGREEMENT, is entered into this /5 day of 'DeCerYJ"e..... ,2009, by and between Collier County and the Shelter for Abused Women & Children, Inc. (SA WCC) a private not-far-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 $96,000 to provide homeless assistance as described in Collier County's application dated July 08, 2009; and approved by the Board of County Commissioners after the fact on 07/28/2009 Item 16D2. 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 and Human 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: 2009-2010 Challenge Grant SA WCC Page I of 15 16D51 I: DEFINITION DEFINITIONS (I) "CCHHS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS 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 the Shelter for Abused Women & Children, Inc. also known as SA WCC. (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 ofhomelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of fimds 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, 2010. No exceptions or extensions shall be granted. Any fimds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2009-2010 Challenge Grant SA WCC Page 2 of 15 16D5 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 $28.000 (TWENTY EIGHT 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 CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A B. Subrecipient shall submit payment requests to CCHHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: I. The contractor's/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 CCHHS 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 CCHHS. 2009-2010 Challenge Grant SA WCC Page 3 of 15 16D5 C. All disbursements by the Subrecipient must be fully documented to CCHHS 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 CCHHS 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 CCHHS, 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 CCHHS of all costs and charges for services not previously invoiced. The CCHHS 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 CCHHS 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. 2009-2010 Challenge Grant SA WCC Page 4 of 15 16D5 VIII: MANAGEMENT ASSISTANCE CCHHS 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 CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary [mancial 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 CCHHS. 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 CCHHS or DCF, may deem necessary. CCHHS 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 CCHHS 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 c011iunction with this SCG. 2009-2010 Challenge Grant SA wee Page 5 of 15 16D5 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS 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 ofproject 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 ofCCHHS. 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. 2009-2010 Challenge Grant SA WCC Page 6 of 15 16D5 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) ofInsurance 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. 2009-2010 Challenge Grant SA WCC Page 7 of 15 16D5 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHS 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, 2010. 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 1. 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 oftermination. 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. 2009-2010 Challenge Grant SA WCC Page 8 of 15 1605 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 3301 E Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112 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 2009-2010 Challenge Grant SA WCC Page 9 of 15 16D5 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 December 15, 2009. ATTEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS ::LUER~O?~ Donna Fiala, Chairman B~.~W y: ,. . ,~" '. A..-. <\";) . "".:.. ':.~ '$" Dateq;"" ..' .,....,. ~. '-::"'. ' '-:o'(StiAJ'~" ':, ".";. " r" ~.p.1J{') .....,,, ~_ Mt.tsl:'.....';.3!i'fWII.. .. ........., ~.... /~~:': . ,,;'(;',: :,:\::;:~l~.' . Shelter for Abused Women & Children ~~ First Witness ! IhR~(J / :54r//) fie.5 Type/print witnes~ name ~~~~ By: ;:::?~/ ./$ e../' Subrecipient Signature ~..,p",. ~rL#A,HJ, 0re"1"Iv'c'ud6'r:.rNL Type Print Subrecipient name and title LA0rtA -?hi \ be rl Type/print witness name Approved as to form and Legal sufficiency: C@~~ Assistant County Attorney Signature Colleen Greene Item # l Ct? 1YS ~:da \8dS-Dj :~d 1 'a-!j-lYf M' Deputy Clerk 2009-2010 Challenge Grant SA WCC Page 10 of 15 16D5 EXHIBIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the 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 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 of one full-time Shelter Residential Case Manager who would serve homeless women and children who have been victims of domestic violence. This position would assist women and children who utilize the services of the Shelter for Abused Women and Children annually. The Shelter Residential Manager will assess residents' short tenn and long tenn 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 $28,000 Partial- Salary one Shelter Residential Manager Total Budget $28,000.00 $28,000.00 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, 2010. 2009-2010 Challenge Grant SA WCC Page 11 ofl5 16D5 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUB RECIPIENT 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 CCHHS 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 HHS pursuant to the submittal of montWy 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 be made upon receipt of a proper invoice and upon approval by CCHHS or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act". 2009-2010 Challenge Grant SA WCC Page 12 ofl5 16D5 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 Residential Manager Project No: Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 28,000.00 2. Sum of Past Claims Paid on this Account $ o 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests $ $ o 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 $ o 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 Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2009-2010 Challenge Grant SA WCC Page 13 of 15 16D5 EXHIBIT "C" SHELTER FOR ABUSED WOMEN & CHILDREN STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Completeformfor past month and submit to HHS staffby the Ujh of the following month. Status Report for Month of Submittal Date: Project Name Challenge Grant-Shelter Residential Manager Project Number Activity Number Subrecipient: Shelter for Abused Women & Children. Inc. Contact Person Marci Sanders Telephone: 239-775-3862 Fax: E-mail: www.naolesshelter.org Performance Measures 1. Activity Status/MiIestones (describe any action taken, relating to this proj ect, 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. 2009-2010 Challenge Grant SA WCC Page 14 of 15 16D5 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 ofthe activity or use by June 30, 2010. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 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 June 30, 2010 etc.). 2009-2010 Challenge Grant SA wee Page 15 of 15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIIt 6 D 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 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 arc to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceDtion of the Chairman's signature, draw a line through routing lines # I throueh #4, comolete the checklist. and forward to Ian Mitchell. Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5.Ian Mitchell, Supervisor Bee Office Board of County Commissioners ~ /2{11/DJ 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 Sue Filson, need to contact stafffor additional or missing information. AIl 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 StatT Wendy Klopf, Operations Coordinator Phone Number 252-2901 Contact Agenda Date Item was December 15, 2009 Agenda Item Number 1605 Approved by the BCC Type of Document Challenge Grant-Agreement NAMI Number of Original 2 Attached Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "Nt A" in the Not Applicable column, whichever is a ro nate. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ssibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date ofBCC approval of the document or the final ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallabassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on December 15. 2!!!!2(enter date) and all changes made dnring the meeting have been incorporated in the attached docnment. The Coun Attorne'. Omce has reviewed the chan es, if a Iicahle. Yes (Initial) WI< Nt A (Not A licable) 2. 3. 4. 5. 6. WI< WI< WI< NA WI< I: Forms/ COWlty Forms! BCe Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D5 AGREEMENT BETWEEN COLLIER COUNTY AND NATIONAL ASSOCIATION ON MENTAL ILLNESS OF COLLIER COUNTY State of Florida Homeless Assistance Challenge Grant# HFZ03 THIS AGREEMENT, is entered into this 1'5 day of cecem..l?e-V ,2009, by and between Collier County and the National Association on Mental Illness of Collier County a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 6216 Trail Boulevard, Building C, Naples, FL 34108, and its Federal Tax Identification number as 65-0047747, 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 $96,000 to provide homeless assistance as described in Collier County's application dated July 8, 2009; and approved by the Board of County Commissioners after the fact on 07/28/2009 Item 16D2. 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 and Human 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: 2009-2010 Challenge Grant NAM1 of Collier County Page 1 of 15 16D5 I: DEFINITION DEFINITIONS (I) "CCHHS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS 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 National Association on Mental Illness of Collier County. (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 ofhome1essness. 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, 2010. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2009-2010 Challenge Grant NAMI of Collier County Page 2 of 15 16D5 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 $6.000 (SIX 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 CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS 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 CCHHS 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 CCHHS. 2009-2010 Challenge Grant NAMI of Collier County Page 3 of 15 1605 C. All disbursements by the Subrecipient must be fully documented to CCHHS 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 CCHHS 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 CCHHS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local GovernmentPrompt Payment Act". H. Subrecipient shall render a final and complete statement to CCHHS of all costs and charges for services not previously invoiced. The CCHHS 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 oflobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS 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 Cormty as the recipient funded by the State of Florida Office on Home1essness through the Department of Children and Families as the entity that provided frmds for the project. 2009-2010 Challenge Grant NAMI of Collier County Page 4 of 15 1605 VIII: MANAGEMENT ASSISTANCE CCHHS 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 CCHHS 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 CCHHS. 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 CCHHS or DCF, may deem necessary. CCHHS 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 CCHHS 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. 2009-2010 Challenge Grant NAMI of Collier County Page 5 of 15 1605 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS with monthly status reports no later than the lOth 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 ofCCHHS. 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. 2009-2010 Challenge Grant NAMI of Collier County Page 6 of 15 16D5 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 SUB RECIPIENT 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. 2009-2010 Challenge Grant NAMI of Collier County Page 7 of 15 16D5 1 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHS 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, 2010. 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 1. 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 termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 2009-2010 Challenge Grant NAMI of Collier County Page 8 of 15 16D5 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 3301 E Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112 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 2009-2010 Challenge Grant NAMI of Collier County Page 9 of 15 16D5 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 December 15, 2009. ATTEST:.. );i'.:" q . DwightE':l!rook;Clgk of Courts / '.-" 'ii', ....~::4 '. ."' By f)-(~(~Q.C. .". ".,~'-i'.- ','- --'I .- ,'," Dated;. \~\.~ ",:' .". At=--Al.....:~.. ~ltWIl It . "'.." BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By ~:~ J~ Donna Fi a, Chairman NATIONAL ASSOCIATION ON MENTAL ILLNESS OF COLLIER COUNTY ~..>ltJ ,dil<J~ First Witness CI4",ul K,.j,.",.J#I" Type/print witness name auf~ By: Subrecipient Signature I~ J-Jz- Second Witness '?c..+n~r- t-\-~~ Type Print ubrecipient name and title 8l,." 1 C4 L-, €-J1 Type/print witness name Approved as to form and Legal sufficiency: r~~~ Assistant County ttorney SIgnature Colleen Greene ltem# \ LPDS Agenda Id-6t1l Date Date 18-ti-tY! Rec'd Af' Deputy Clerk 2009-2010 Challenge Grant NAMI of Collier County Page 10 of15 1605 EXHffiIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the 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 testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: This grant will be used to pay provide supportive services to the mentally ill, and their families. Included in the supportive services will be renal and utility assistance, medical and psychiatric evaluations, medications, glasses, and dental work to individuals with mental health diagnoses who are homeless or at risk of homelessness. C. BUDGET: Challenge Grant funding for $6,000 Direct Client Assistance to include rental assistance, utility assistance, eye glasses, medical prescriptions, rental and utility deposits medical evaluations, and dental work $6,000 Total Budget $6,000 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: Projectto be completed no later than June 30, 2010. 2009-2010 Challenge Grant NAMI of Collier County Page 11 of 15 16D5 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUB RECIPIENT 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 CCHHS approval of invoices, etc. for reimbursement. H. COMPENSATION: The County shall pay the SUB RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUB RECIPIENT 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 be made upon receipt of a proper invoice and upon approval by CCHHS or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act". 2009-2010 Challenge Grant NAMI of Collier County Page 12 of 15 1605 EXHIBIT "B" NAMI OF COLLIER COUNTY STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: NAMI of Collier County Subrecipient Address: 6216 Trail Boulevard. Bldg. C. Naples. FL 34108 Project Name: Challenge Grant. Direct Client Assistance HFZ03 Project No: Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS $ 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 6,000 $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests o $ $ 5. Amount of To day's Request $ o 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 $ o 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 Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2009-2010 Challenge Grant NAMI of Collier County Page 13 of 15 16D5 EXHIBIT "C" NAMI OF COLLIER COUNTY STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name DCF CHALLENGE GRANT 2009-2010 HFZ03 Project Number Activity Number Subrecipient: NAMI of Collier County Contact Person Kathryn Leib-Hunter Telephone: 239 434-6726 Fax: E-mail: CollierAMllalaol.com 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. 2009-2010 Challenge Grant NAMI of Collier County Page 14 of 15 16D5 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 time frames 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, 2010. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 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 June 30, 2010 etc.). 2009-2010 Challenge Grant NAMI of Collier County Page 15 of 15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 D 5 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 torwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 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 si211ature, draw a line througl routing lines #1 throueh #4, comolete the checldist, and forward to Ian Mitchell. Route to Addressee(s) Office Initials Date (List in routine. order) 1. 2. 3. 4. 5.Ian Mitchell, Supervisor Bee Office Board of County Commissioners ~ I'll F1' {b'l 6. Minutes and Records- Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee 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 Sue Filson, need to contact stafffor additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the Bee has acted to approve the item.) Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901 Contact Agenda Date Item was December IS, 2009 Agenda Item Number 1605 Approved by the BCC Type of Document Challenge Grant-Agreement HUNGER & Number of Original 2 Attached HOMELESS COALITION Documents Attached I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a TO nate. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the final ne otiated contract date whichever is licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallabassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on December 15. 2!!!!2(enter date) and all cbanges made during tbe meeting bave been incorporated in tbe attacbed document. Tbe Coun Attorne 's OffICe bas reviewed tbe cban es, if a Iicable. Yes (Initial WK 2. 3. 4. 5. 6. WK WK WK NA WK I: Formsl County Formsl Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D5 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC State of Florida Homeless Assistance Challenge Grant# HFZ03 THIS AGREEMENT, is entered into this ~ day of 1)f LeIYl bw , 2009, by and between Collier County and the Collier County Hunger and Homeless, Inc, a private not- for-profit corporation existing under the laws of the State of Florida, having its principal office at 1044 6th Avenue North, Naples, FL 34102, and its Federal Tax Identification number as 04- 3610154, hereinafterreferred 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 $96,000 to provide homeless assistance as described in Collier County's application dated July 08, 2009; and approved by the Board of County Commissioners after the fact on 07/28/2009ltem 16D2. 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 and Human 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: Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 1 of 16 1605 I: DEFINITION DEFINITIONS (I) "CCHHS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS 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 Home1essness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition. (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 ofhomelessness. 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, 2010. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 2 of 16 1605 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 $32.000 (THIRTY-TWO 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 CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS 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 CCHHS 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 CCHHS. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 3 of 16 16D5 C. All disbursements by the Subrecipient must be fully documented to CCHHS 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 CCHHS 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 CCHHS, 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 CCHHS of all costs and charges for services not previously invoiced. The CCHHS 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 CCHHS 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 Home1essness through the Department of Children and Families as the entity that provided funds for the project. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 4 of 16 16D5 VIII: MANAGEMENT ASSISTANCE CCHHS 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 CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUB RECIPIENT 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 CCHHS. 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 CCHHS or DCF, may deem necessary. CCHHS 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 CCHHS 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. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 5 of 16 1605 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS 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 ofCCHHS. 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. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 6 of 16 1605 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: I. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate( s) ofInsurance 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. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 7 of 16 16D5 XVII: SALES T AX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHS 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, 2010, 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 1. 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 oftermination. 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. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 8 of 16 16D5 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 3301 E Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112 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 Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 9 of 16 16D5 EXHmIT "A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the 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 testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: The Hunger and Homeless Coalition (HHC) is requesting funding to expand the HUD mandated HM1S system. The Collier County HMIS is known as the Information Network for the Community of Collier County (INCCC). The HMIS/1NCCC system has been in place since 2003. Funding for this required resource has come from a number of sources including Community Development Block Grant (CDBG) and Continuum of Care/SHP funds. There are currently nine (9) participating organizations at various stages of using and implementing the HMIS software for case management. With funding from the Challenge Grant, the number participating organizations will increase from nine to thirteen. Funding is needed to continue to maintain and expand this homeless initiative. Full funding of this request would allow for more agencies to participate in HMIS/INCCC. Funding will be utilized to provide equipment, software, personnel, rent, training/travel, technical services, and operational costs. Funding of HMIS by HUD and the State of Florida, Department of Children and Family Services Challenge Grant will improve the sharing of data, improve coordination of case management services, streamline resources and improve the overall Continuum of Care system within Collier County. Collier County Department of Housing and Human Services is using Department of Housing and Urban Development (HUD) and State Challenge Grant funds in the amount of THIRTY-TWO THOUSAND DOLLARS ($32.000) to fund the Hunger and Homeless Coalition's HMIS project. Collier County Hunger and Homeless Coalition 20 I 0 Challenge Grant Page 11 of 16 16D5 C. BUDGET: Challenge Grant funding for $32,000 Line Item: Challenge Grant Funds HMIS Equipment & Software: Computers, Printers and Peripherals $ 700 HMIS operational Costs Office supplies, classroom materials, printing, $ 100 HMIS Rental (Space) $ 2,000 Personnel: Salary, benefits, mileage $ 24,000 Training (includes travel) $ 5,000 Technical Services Website Maintenance $ 200 Total Budget: $ 32.000 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 laterthan June 30, 20 I O. G. REPORTS: The SUB RECIPIENT shall submit detailed monthly progress reports to the CCHHS 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 oftheir obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHS 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 HHS 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 Collier County Hunger and Homeless Coalition 20 I 0 Challenge Grant Page 12 of 16 1605 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". Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 13 of 16 16D5 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 December 15, 2009. ATTEST: Dwight E. Brock, Clerk of Courts By: Dated;" ~\ ..1" ....<'1:. Ai'tiif~ to):a.4 ~ ..........,M~.. ..~ . · . '," .. "~1." , .' ,.."" . ~',':,: ;::~\~~...: Co First Witness '8-cv€- ~I~JL... 5 Type/print witness name s~;,~~ !30fJnfe g 93 rCirarrl- Type/print witness name =r Approved as to form and Legal sufficiency: ~~ Assistant County Attorney Signature Colleen Greene BOARD OF COUNTY COMMISSIONERS ::ILWRi:OJ~ Donna Fi la, Chairman Collier County HUDl!:er and Homeless Coalition By: fJ-L ?uah Subrecipient Signature ~by", Mo.(,.,r / ~ t"c4l~'])1{n'~r Type Print Subrecipient name and title Item # \ (a 1)'5 ~enda \d-i5--Cf1 Date :~d \8.-n ~ Deputy Cieri< Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 10 of 16 1605 EXHIBIT "B" COLLIER COUNTY HUNGER AND HOMELESS COALITION ST ATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition. Inc. Subrecipient Address: 1044 6th Avenue North. Naples. FL 34102 Project Name: 2010 Challenge Grant Project No: HFZ03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $32,000 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 o o o 1 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. 1 also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 14 of 16 1605 EXHIBIT "C" COLLIER COUNTY HUNGER AND HOMELESS COALITION STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name Maintenance & Expansion Of HMIS Project Number HFZ03 Activity Number Subrecipient: Collier Countv Hunger and Homeless Coalition. Inc. Contact Person Deb Mahr. Executive Director Telephone: 239-253-3449 Fax: E-mail: executi vedirector@collierhomelesscoalition.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. Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 150f16 1605 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 ofthe activity as outlined in your application. Provide detailed explanations for any delays in carrying out a g;.I.-...tivit '. its cause, and steps being taken to assure completion of the activity or use by < j . .. <. R..hO___. act.iy. ity be identified as facing the likelihood of NOT BEING COMPLETED . . < .. . , 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 _etc.). Collier County Hunger and Homeless Coalition 2010 Challenge Grant Page 16 of 16 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIp! 6 0 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 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 Ollice. 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 # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exceotion of tile Chairman's si2Jlature, draw a line throud routing lines #1 throup:h #4, complete the checklist. and forward to Ian Mitchell. Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4. 5.Ian Mitchell, Supervisor Bee Office Board of County Commissioners L- nl \f o~ 6. Minutes and Records- Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bee approval. Nonnally 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 Sue Filson, need to contact staff for additional or missing information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Wendy Klopf, Operations Coordinator Phone Number 252-2901 Contact Agenda Date Item was December 15. 2009 Agenda Item Number ]605 ADDroved by the BCC Type of Document Challenge Grant-Agreement YOUTH Number of Original 2 Attached HAYEN Documents Attached 1. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is a TO nate. Original document has been signed/initialed for legal sufficiency. (All documents to be 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 ssibl State Officials. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chairman's signature line date has been entered as the date of BCC approval of the document or the fmal ne otiated contract date whichever is a licable. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si ature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aware of our deadlines! The document was approved by the BCC on December IS. 2!!!!2(enter date) and all changes made during the meeting have been incorporated in the attached document. The Coun Attorne's Office has reviewed the chan es, if a licable. Yes (Initial) WK N/A (Not A licable) 2. 3. 4. 5. 6. WK WK WK NA WK I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 1605 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. State of Florida Homeless Assistance Challenge Grant# HFZ03 THIS AGREEMENT is entered into this ~ day of ~bVt ,2009, 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 $96,000 to provide homeless assistance as described in Collier County's application dated July 08, 2009; and approved by the Board of County Commissioners after the fact on 07/28/2009 Item 16D2. 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 and Human 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: \ 2009-2010 Challenge Grant Youth Haven Page 1 of 15 16D5 I: DEFINITION DEFINITIONS (1) "CCHHS" means Collier County Housing and Human Services Department and where applicable, it's authorized representative(s). (2) "CCHHS Approval" means the written approval of the CCHHS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representati ve( 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, 2010. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. 2009-2010 Challenge Grant Youth Haven Page 2 of 15 1605 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 $20.000.00 (TWENTY 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 CCHHS, or CCHHS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHS 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 CCHHS 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 CCHHS. 2009-2010 Challenge Grant Youth Haven Page 3 of 15 16D5 C. All disbursements by the Subrecipient must be fully documented to CCHHS 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 CCHHS 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 CCHHS, 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 CCHHS of all costs and charges for services not previously invoiced. The CCHHS 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 oflobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHS 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 Home1essness through the Department of Children and Families as the entity that provided funds for the project. 2009-2010 Challenge Grant Youth Haven Page 4 of 15 16D5 VIII: MANAGEMENT ASSISTANCE CCHHS 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 CCHHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUB RECIPIENT 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 CCHHS. 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 CCHHS or DCF, may deem necessary. CCHHS 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 CCHHS 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. 2009-2010 Challenge Grant Youth Haven Page 5 of 15 1605 X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHS 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 CCHHS. 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 eounty, 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. 2009-2010 Challenge Grant Youth Haven Page 6 of 15 1605 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 SUB RECIPIENT 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. 2009-2010 Challenge Grant Youth Haven Page 7 of 15 16D5 XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHS 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, 2010. 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 1. 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 termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 2009-2010 Challenge Grant Youth Haven Page 8 of 15 16D5 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 3301 E Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112 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 2009-2010 Challenge Grant Youth Haven Page 9 of 15 16D5 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 December 15, 2009. ATTEST: Dwight E. Brock, <(Jerk of Courts .,' ~", By:' ',' , ;,rY!l Dated:\'. ~,. -".)to ........ . .",t~,' ..,. '1. ., .) (' 1 i, ,~ ' F0~", ~- ~ lZ.'4M1 l. ol!:l!F Type/print witness name ~~U See d Witness E//za..beJ-h Hinkle. Type/print witness name Approved as to form and Legal sufficiency: ~)1~ Assistant County omey Signature Colleen Greene 2009-2010 Challenge Grant Youth Haven BOARD OF COUNTY COMMISSIONERS COLLIER CO TY, FLORIDA ~ d4-~ By: Donna Fiala, Chairman Youth Haven, Inc. By: e.. 'I? ~ ?Y1.~g #- Subrecipient Signature Item # \ I oDS Agenda \,,~ Date .J2...b:!JJ I Date I -\ Rec'd ~ Page 10 of15 16D5 EXHIBIT "A" SCOPE OF SERVICES I. THE SUB RECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the 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 testing services, or others as deemed necessary for the nature of the project. B. PROJECT SCOPE: This grant request will be used to pay partial salary for a Mobile Case Manager. This position is a new service which will be used to provide help to families with children who have been identified by the Collier County Public School District as currently homeless, or at-risk of being homeless. The Mobile Case Manager will be responsible for providing supportive services, information about housing options, job placement, budget and financial training, resume preparation, and legal tenant/landlord mediation services. 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 $20,000 Partial- Salary one Mobile Case Manager Total Budget $20.000.00 $20,000.00 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. 2009-2010 Challenge Grant Youth Haven Page 11 of15 1605 F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project to be completed no later than June 30, 2010. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to. the CCHHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUB RECIPIENT 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 CCHHS 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 HHS 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 be made upon receipt of a proper invoice and upon approval by CCHHS or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." 2009-2010 Challenge Grant Youth Haven Page 12 of 15 1605 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: Payment Request# Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 20,000.00 $ $ $ $ $ 2. Sum of Past Claims Paid on this Account o 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests o 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 $ o 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 Dept Director (approval authority under $14,999) (approval required $15,000 and above) 2009-2010 Challenge Grant Youth Haven Page 13 of 15 1605 EXHIBIT "C" YOUTH HAVEN. INC. STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Completeformfor past month and submit to HHS stat/by the lrlh ofthefollowing month. Status Report for Month of Submittal Date: Project Name Challenge Grant-Mobile Case Manager Project Number Activity Number Subrecipient: Youth Haven. Inc. Contact Person Brvan Lee Telephone: 239-774-2904 Fax: E-mail: brvan.1ee(jjJ,vouthhaven.net Performance Measures 1. Activity Status/Milestones (describe any action taken, relating to this proj ect, 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. 2009-2010 Challenge Grant Youth Haven Page 14 of 15 16D5 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, 2010. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 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 June 30, 2010 etc.). 2009-2010 Challenge Grant Youth Haven Page 15 of 15