Backup Documents 10/27/2009 Item #16D 6
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J. 6 D 6
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exec tion of the Chairman's si ature, draw a line thTOU roulin lines #1 thrall #4, com lete the checklist, and forward to Sue Filson line#S .
Route to Addressee(s)
List in coutin order
I.Sandra Marrero
Office
Initials
Date
Housing and Human Service
0/27/09
2.Colleen Greene
County Attorney's Office
Ch-
(V. Z-~. 61
3.
4.
5. Ian Mitchell, Executive Manager Board of County Commissioners
(0 It'8~.J
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 BCC Chairman's signature are to be delivered to the BCC offtce only after the Bce has acted to approve the
item.)
Name of Primary Staff Sandra Marrero, Grants Coordinator Phone Number 252-2399
Contact
Agenda Date Item was 10/27/2009 Agenda Item Number l6D-6
AnDfoved bv the BCC
Type of Document Agreement Number of Original 2 -~. -- .
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a 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 of the County Attorney. This includes signature pages from ordinances, 11--
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 X
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 fmal ne otiated contract date whichever is a licable. '(f--..
"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 X
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC on 10/27/2009 and all changes made during 7/.-X
the meeting have been incorporated in the attached document. The County Attorney's
Omce has reviewed the chan es if a licable,
2.
3.
4.
5.
6.
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised l.26.05. Revised 2.24.05
MEMORANDUM
Date:
November 3, 2009
To:
Sandra Marrero, Grants Coordinator
Human Services Department
From:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re:
Sub-recipient Agreement with the Shelter for Abused
Women & Children (SA WCe) providing a $113,000
Housing and Urban Development Continuum of Care Grant
to aid daily operations & supportive services at the shelter
Attached is an original agreement, referenced above (Agenda Item #16D6)
approved by the Board of County Commissioners on October 27, 2009.
The Minutes and Records Department will hold the second original
agreement for the Board's official record.
If you should have any questions, you may contact me at 252-8406.
Thank you.
Attachment (1)
16D6
1606
AGREEMENT BETWEEN COLLIER COUNTY
AND
SHELTER FOR ABUSED WOMEN & CHILDREN
Catalog of Federal Domestic Assistance # 14.235
HUD Grant # FL0295B4D06080, PIN FL606
THIS AGREEMENT, is entered into this "'o7f~ay of ()claheY 20CJ;{, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY"), and the Shelter for Abused Womeu &
Childreu (SA WCC) a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal address as P.O. Box 10102 Naples, FL 34101, and its Federal Tax Identification number as 59-2752895 ,
hereinafter referred to as ("SUBRECIPIENT").
WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the
Continuum of Care Supportive Housing Program effective October 23, 2008, and entered into an agreement with the
SUBRECIPIENT to act on its behalf in the oversight and administration of the HUD Grant for the execution and
implementation of a Continuum of Care (CoC) Supportive Housing Program (SHP), pursuant to the McKinney
Homeless Assistance Act, S 42 USC 11381-11389; and
WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County
residents through the SUBRECIPIENT according to this Agreement, and
WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain
activities to primarily benefit persons residing in Collier County who are homeless or at risk of being homeless; and
WHEREAS, the Collier County Department of Housing and Human Services (HHS) further agrees that it will use due
diligence in supervising the SUBRECIPIENT to assure that funds are expended for the purposes intended and that a full
accounting for these grants is made; and
WHEREAS, HHS desires to engage the SUBRECIPIENT to implement such undertakings of the CoC-SHP Program as
stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the
Parties as follows:
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ARTICLE ONE:
DEFINITIONS AND PURPOSE:
A. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, its authorized representative(s).
(2) "HHS" means Collier County's Department of Housing and Human Services, and where applicable, its
authorized representative(s).
(3) "HHS Approval" means the written approval of the HHS or its designee.
(4) "SUBRECIPIENT" means the Shelter for Abused Women & Children or (SA WCC) and where
applicable its authorized representative(s).
(5) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act
on its behalf.
(6) "Project" means the work contemplated to be performed as set forth in Exhibit "A."
(7) "SHP" means Supportive Housing Program.
(8) "Beneficiaries" means persons who are homeless or at-risk of homelessness.
ARTICLE TWO:
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to
conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along
with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof.
ARTICLE THREE:
TIME OF PERFORMANCE
The effective date of this Agreement between HUD and Collier County shall be July 24, 2009. Subrecipients are
authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior
written approval. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of
this Agreement. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July
23,2010. Any funds not obligated by the expiration date of the Agreement shall automatically revert to the COUNTY.
ARTICLE FOUR:
CONSIDERATION AND LIMITATION OF COSTS
A. The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined
by the COUNTY, in an amount not to exceed $113.000,00 (ONE HUNDRED THIRTEEN THOUSAND
DOLLARS) for the services described in Exhibit "A" of which, $113.000.00 (ONE HUNDRED THIRTEEN
THOUSAND DOLLARS) will go to the Shelter for Abused Women & Children with $0.00 (Zero
DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration, The
amount of $0.00 (Zero Dollars) to be retained by Collier County for grant administration, In the event the
project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess.
B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall
have access to all records and documents related to the project.
C. SUBRECIPIENT shall be responsible for providing match funding. SUBRECIPIENT shall not seek
reimbursement from the COUNTY general funds for this match funding. The SUBRECIPIENT may be eligible
for other federal grant opportunities.
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ARTICLE FIVE:
P A YMENTS/NOTICES
A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by
HHS using HUD funding. Payments will be limited to items in Exhibit "A."
B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT
shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit
a cost allocation plan for approval by HHS within forty-five (45) days of said official notification.
C. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
D. The SUBRECIPIENT shall submit payment requests to HHS using the cover sheet in Exhibit "B," which is
attached hereto and made a part hereof. These requests will only be approved if:
I. The contractor's/vendors request for payment has been reviewed and approved by the SUBRECIPIENT
as stated on the Certificate of Payment and the attached original invoice. In no event shall the HHS
provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder.
2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT
must adequately justify their absence, in writing, and furnish copies.
3. Upon receipt of the above enumerated documentation, and approval by the SUBRECIPIENT Chair or
designee, payment shall be made by HHS.
4. All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its
office, presently located at 3301 E. Tamiami Trail Bldg. H, Suite 21 1, Naples, Florida 341 12, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement.
E. All disbursements by the SUBRECIPIENT must be fully documented to HHS so as to be available, on request,
for inspection or audit in accordance with the provisions of ARTICLE NINE herein below.
F. The SUBRECIPIENT shall render a final and complete statement to HHS of all costs and charges for services
not previously invoiced. HHS shall not be responsible for payment of any charges, claims, or demands of the
SUB RECIPIENT incurred after month July 23, 2010.
ARTICLE SIX:
COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS
The SUB RECIPIENT agrees to comply with the requirements of24 CFR Part 583, of the HUD regulations conceming
the Supportive Housing Program and all federal regulations.
LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS
The SUBREC!PIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the
State, local and Federal governments, including, but not limited to:
1. 24 CFR 583, as amended - The regulations governing the Supportive Housing Program.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et. seq.
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4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination
and promotes equal opportunity in housing.
5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375
and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,
42 USC ~ 2000e, et. seq.
7. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development
Act of 1968, as amended.
8. Age Discrimination Act of 1975.
9. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5).
II. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24
CFR 583.330(d).
13. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the
SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment (LaMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said
flood insurance.
14.
projects.
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
15.
Public Law 100-430 - the Fair Housing Amendments Act of 1988.
16.
OMB Circular A-] 33 - concerning annual audits.
17.
OMB Circular A-122 - which identifies cost principles.
18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals and Other Non-Profit Organizations.
19. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local
Govemments.
20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUB RECIPIENT to comply with the laws referenced herein shall constitute a breach of this
agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately.
21. Chapter 112, Florida Statutes.
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22. Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either
directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part 111, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except
the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents
upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,
which courts have sole and exclusive jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of SUB RECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any
litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through
Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be
attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should
either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under S 44.102, Fla. Stat.
ARTICLE SEVEN:
PROJECT PUBLICITY
Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the
recipient funded by HUD and the entity that provided funds for the project.
ARTICLE EIGHT:
MANAGEMENT ASSISTANCE
The HHS Grant Coordinator will be available to the SUB RECIPIENT to provide guidance on HUD requirements.
ARTICLE NINE:
MAINTENANCE OF RECORDS
The SUBRECIPIENT shall maintain the following records.
A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are
deemed necessary by HHS to assure proper accounting of project funds and compliance with the provisions of
this Agreement.
The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall
maintain the following financial records:
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1. An invoice and a copy of a warranty for all items purchased and paid for under standard
SUBREClPIENT procedures.
2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of
warranties.
3. HHS will require audit and record keeping requirements. All records shall be in sufficient detail to
permit proper pre-audit and post audit of all expenditures.
B. The SUBRECIPIENT shall maintain records showing compliance with federal and local purchasing
requirements and with other requirements for grant implementation.
C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an
audit of CoC-SHP activities and funds. All audits covering the use of CoC-SHP funds shan be provided to the
HHS Grant Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate
reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to
this Agreement.
D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection
or copying at any time during normal business hours and as often as the HHS Grant Coordinator or HUD, may
deem necessary. HHS shall have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and
supporting documentation applicable to the Agreement for a period of not less than three (3) years after the
starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year
period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly
authorized by HUD or HHS shall have the right to examine any of the said materials at any time during regular
business hours.
ARTICLE TEN:
MONTHLY REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS
The SUBREClPIENT agrees to provide HHS with monthly status reports no later than the 10'h of every month as shown
in Exhibit "C" beginning the month of contract execution and final report summarizing progress, timetables, and
financial information for monitoring and evaluating all aspects of project activities.
SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHS by September 1" of each
year through the end of the grant.
Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement,
and on the resolution of monitoring or audit findings identified pursuant to this Agreement.
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT
complies with any additional conditions that may be imposed by HHS, or HUD at any time.
The SUBRECIPIENT will be required to submit to HHS a written attestation they are not debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549,
"Debarment and Suspension" by July 1" of each year through the end ofthe grant.
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AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, HUD, or the Comptroller General of the United States
may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, or HUD, or the Comptroller
General for examination all its records with respect to all matters covered by the Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains
to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to
submit a single audit, including any management letter, made in accordance with the general program requirements of
OMB Circulars A-II 0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit
Organizations), A-133 (Audits of State, Local Govemments, and Non-Profit Organizations), and other applicable
regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which
Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the
SUBREClPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHS. In the event the SUBRECIPIENT
anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an
extension in advance of the deadline. The cost of said audit shall be bome by the SUBRECIPIENT. In the event the
SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and
Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to
conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for
providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County.
GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities
during this closeout period shall include, but not be limited to: making final payments, disposing of program assets
(including the retum of all program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records.
ARTICLE ELEVEN:
CONTRACTS
All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in
accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services
subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth
in this Agreement.
ARTICLE TWELVE:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or
have exercised any function or responsibility with respect to CoC-SHP activities assisted under or who are in the
position to participate in a decision making process or gain inside information with regard to such activities, may obtain
a financial interest or benefit from a CoC-SHP assisted activity, or have a financial interest in any contract, subcontract
or agreement with respect to an CoC-SHP assisted activity or with respect to the proceed of the CoC-SHP assisted
activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter.
ARTICLE THIRTEEN:
AMENDMENTS
The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or
HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of
this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment
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to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives.
ARTICLE FOURTEEN:
INDEMNIFICATION
To the maximum extent permitted by Florida law, SUB RECIPIENT shall indemnify and hold harmless Collier County,
and its officers, employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions,
proceedings, losses or costs, including, but not limited to, reasonable attomey' fees and paralegals' fees, whether
resulting from any claimed breach of the Agreement by SUBRECIPIENT or from personal injury, property damage,
direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of SUB RECIPIENT or anyone employed by the SUBRECIPIENT in performance of this
Agreement.
ARTICLE FIFTEEN:
TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the SUBRECIPIENT with funds under this Agreement shall be retumed to HHS or the COUNTY. In the event of
termination, the SUB RECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUB RECIPIENT, and the COUNTY may withhold any
payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined.
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. (See 24 CFR 85.43.)
2. TERMINA nON FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the
SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See
24 CFR 85.44.)
3. TERMINA nON DUE TO CESSA nON
In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974
(as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that
HUD specifies.
ARTICLE SIXTEEN:
INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent
through a site visit and by providing a copy ofCoC-SHP grant application and the scope of the project in Exhibit "A."
The insurance agent is to assess the risks and provide a report to the SUB RECIPIENT and HHS as to the need for
additional insurance to cover risks associated with the project and to state whether or not they are adequately insured
within ten (10) days of signing of this Agreement. The SUBRECIPIENT at its expense must purchase additional
coverage ifit is so determined upon presentation of the report through the completion of the project.
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BUSINESS AUTOMOBILE LIABILITY
The SUB RECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000
per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal
and outside Florida litigation per Florida Statutes S 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than ten (10) years with
deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners
shall be endorsed to the policy as a Loss Payee. The SUBREClPlENT shall agree to be fully responsible for any
deductibles, self-insured retention or uncovered losses. The SUBRECIPlENT agrees this coverage shall be provided on
a primary basis.
ADDITIONAL INSURED
The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured _
Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional
Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of
Florida, its Officers, Emplovees. and Agents, c/o Department of Housing & Human Services". The SUBREClPIENT
shall agree the Additional Insured endorsements provide coverage on a primary basis.
CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance
is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A
minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certificate(s).
ARTICLE SEVENTEEN:
WAIVER
The SUBRECIPlENT will not waive any of the duties and obligations under the contract without the express written
consent of HHS.
ARTICLE EIGHTEEN:
SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHS will provide a
resale certificate to be completed by the SUB RECIPIENT whereby SUBRECIPlENT represents and warrants that it has
filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further
agrees to indemnify and hold harmless the COUNTY and/or HHS from any and all taxes, penalties, interest and
professional fees associated with the collection of any sales tax under the CoC-SHP grant.
ARTICLE NINETEEN:
NON-ASSIGNABILITY
Pursuant to 24 CFR 583.405, the SUBRECIPIENT may not assign this Agreement without the prior written consent of
HHS and HUD.
ARTICLE TWENTY:
ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the
entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties,
covenants, or undertakings other than those expressly set forth herein.
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WITNESS our Hands and Seals on this cS. 17'11 day of (')C ,.j..,i, ey-
, 20 " <J
Dated: ,-
BOARD OF C TY COMMdSSI NERS OF COLLIER
COUNTY, F A _
By: ~ /- ~ ~ 10/27/2009
DONNA FIALA, CHAIRMAN
First Witness
Shelter for Abused Women & Children
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Subrecipient Signature
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Second Witness
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ed as to form and legal sufficiency:
leen M. Greene
Assistant County Attorney
Agenda ,^I" '1/1 f\ D1q
Date ~
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SA wee FL0295B4D06080 Operations and Supportive Services
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EXHIBIT "A"
SCOPE OF SERVICES
SHELTER FOR ABUSED WOMEN & CHILDREN-OPERATING AND SUPPORTIVE SERVICES
I. THE SUBRECIPlENT AGREES TO:
A. PROJECT SCOPE:
This grant will support a portion of the operating and supportive services for SA WCC's four single-family
transitional living cottages for homeless victims of domestic violence and their children. The women and
children are from SA WCe's emergency shelter population. The purpose of this project is to support the
SA WCe's participants by providing funding for Supportive Services and Operating Cost activities and
addressing the needs of Domestic Violence Victims and their Children including costs associated with staff
salaries, maintenance, equipment, supplies, insurance and furnishings.
The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be
the final arbiter on the SUBRECIPIENT's compliance with the above.
B.
BUDGET:
Line Item:
CoC-SHP Funds
Other:
OPERATING SERVICES:
Maintenance/Repair
Utilities
Insurance
Taxes
TOTAL OPERATINGSERVICES
$ 20,100,00
SUPPORTIVE SERVICES:
Transitional Living Advocate, 80% of salary
Taxes, benefits
Child Care Supervisor, 80% of salary, taxes, benefits
Child Care Program Support, 25% of salary, taxes
Benefits
TOTAL SUPPORTIVE SERVICES
$ 42,400.00
$ 38,500.00
$ 12,000.00
$ 92,900,00
GRANT ADMINISTRATION:
Grant Administration to SA WCC
Grant Administration to HHS
TOTAL GRANT ADMINISTRATION
$
$
$
0.00
0.00
0.00
TOTAL CoC-SHP FUNDING
$113,000.00
MATCH:
Operating Services (25% from SA WCC)
Supportive Services (20% from SA WCe)
TOTAL MATCH from SA WCC
TOTAL PROJECT BUDGET WITH MATCH
$ 6,700.00
$ 23,225.00
$ 29,925.00
$142,925.00
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'Per COC application requirements, the subrecipient is responsible for match contributions. Match
documentation must be submitted to HHS prior to any expenditure of grant funds.
Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are
charged, the SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate
SUBRECIPlENT share of administrative costs and shall submit such plan to HHS, for HHS approval.
C. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result in the delay of
processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds.
D. WORK SCHEDULE:
The time frame for completion of the outlined activities shall be:
START DATE
Jul 24,2009
October 25, 2009
Jauua 25,2010
A ril25,2010
END DATE
October 24, 2009
Jauua 24,2010
A ril 24, 2010
Jul 23,2010
E. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HHS coordinator
outlining the status of specific activities under the project. Each report must account for the total activity for which the
SUBRECIPIENT is reimbursed with CoC-SHP funds, in part or in whole, and which is required in fulfillment of their
obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional
basis for HHS approval of invoices, etc. for reimbursement. SUBRECIPIENT will be required to submit its Annual
Performance Report (APR) to HHS by September 1, 2010.
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EXHmIT "B"
COLLIER COUNTY HOUSING AND GRANTS SECTION
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Shelter for Abused Women & Children
SubrecipientAddress: P.O. Box 10102 Naoles. FL 34101
Project Name: Operations and Suooortive Services
Project No:
FL0295B4D06080
Activity #
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
$113,000.00
2. Sum of Past Claims Paid on this Account
$
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account
$
4. Amount of Previous Unpaid Requests
$
5. Amount of To day'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.
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement
between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in
excess of current needs. By signing this request I'm assuring that all of the work has been completed to this
organizations satisfaction.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Director
(Signature not required if under $15,000.00)
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EXHIBIT "C"
CoC MONTHLY PROGRESS REPORT
Completeformfor past month and submit to Housing and Grants Section staffby the 10'. of the following month,
Status Report for Month of
Submittal Date:
Project Name:
Operations & Supportive Services
Project Number:
FL0295B4D06080
Activity Number:
Subrecipient:
Shelter for Abused Women & Children
Contact Person:
Marci Sanders
Telephone:
239-775-3862
Fax:
239-775-3061
E-mail:
msanders@naplesshelter.org
1. Activity StatuslMilestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach
any recent media coverage of your organization relating to this project,
4, List any additional data relevant to the outcome measures listed on the application for this project.
5, Identify any potential issues that may cause delay.
6. Progress on Completion of the Grant Activity (s):
7. Progress on Completion of the Grant Activity (s):
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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 23, 2010,
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY June 23, 2010,
report on the activity, the cause, and corrective actions (amendment to reduce grant award, retum of funds,
identification of other uses that could be completed by June 23, 2010 etc.).
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