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Agenda 02/12/2008 Item #16D30 2007-2008 Agenda Item No. 16030 February 12, 2008 Page 1 of 9 THE STATE OFFICE 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 $140,000.00 Dollars to Grantee under the following terms and conditions: 1. The application filed with the Department by the Grantee dated July 02, 2007 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 11 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: A. Grantee agrees that Challenge Grant funds can not be used to purchase/lease/rent any motor vehicle without legislative approval. Challenge Grant funds designated for sub- grantee St. Matthews House will be used to purchase transportation for the homeless through public transportation systems and expenses related to the operation and maintenance of the sub-grantee's existing passenger van. B. Grantee agrees to provide a copy of sub-grantee St. Matthew House van's Title prior to or upon request for the first release of funds, The Title will identify the passenger van used that will be subject to this grant's funds, C, Grantee agrees to provide an executed copy of each sub-grantee grant(s) prior to or upon reque,st for the first release of funds. 1 GRANT #HFZ23 2007-2008 Agenda Item No. 16030 Februarv 12 2008 THE STATE OFFICE ON HOMELES~8' of 9 D. Grantee agrees to provide a signed copy of the informal dispute resolution it will use as identified in paragraph 12, of this agreement prior to or upon request for the first release of funds. E. Grantee agrees to provide the required monthly status reports no later than the 20tl1 day of each month following the month of services provided, Failure to do so, will require the Grantee to provide a separate report stapled to the status repo1t outlining why the report was late and what actions will be taken to prevent any future late reports, 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 tlle grantee with the other entities calTying 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 tllat 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, tltis Challenge Grant Agreement shall prevail. 5, In accordance with sections 11.062 and 216.347, F.S" 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 tlle 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 venuc 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 assignments. 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 !ill 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, whetller 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 2 GRANT #HFZ23 2007-2008 Agenda Item No. 16030 February 12, 2008 THE STATE OFFICE ON HOMELESEm!j'&9 of 9 and any persons duly authorized by the Department shall have full access to, and shaJ1 have the right to examine any of the said materials at any time during regular business hours. 10, Grantee agrees to furnish the Depaltment with monthly status reports on the form included in Attachment II. II, Grantee agrees to be liable for all claims, suits, judgments, or damages, including court costs and attorney's fees, arising out of the negligent or intentionaJ acts or omissions of the grantee, and its agents, sub-grantees and employees, during performance pursuant to this ChaJlenge Grant Agreement. Further, the Grantee agrees to indemnify the Depaltment against aJl claims, suits, judgments, or damages, including COUlt costs and attorney's fees, al'ising 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 Grallt Agreemcnt. (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 informaJ dispute resolution process with which to resolve any disputes between the Grantee and any sub-grantees or recipients, Disputes between the Grantee alld any sub-grantees will be resolved in accordance with those procedures, .--.. ]3, 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 (inse1i Grantee's name) alld the State of Florida, Department of Children and Families." If the sponsorship reference is in written materiaJ, the words "State of Florida, Department of Children alld Falnilies" shall appear in the same size letters or type as the name of the organization, 14, Grantee shaJI 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 shaJl 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 Grallt 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 accordmlce 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 3 GRANT #HFZ23 2007-2008 ,'\genda Item No. 16030 February 12. 2008 Page 4 of 9 THE STATE OFFICE ON HOMELESSNESS Florida's performance and obligation to pay under this Challenge Grant Agreement is contingent upon an annual 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, retum receipt requested, or any expedited delivery service that provides vcrification 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 Februarv 01, 2008, or on the date on which the Challenge Grant Agreement has been signed by both pmties, whichever is later. It shall end at midnight, local time in Tallahassee, Florida, on June 30, 2008 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 wlavailable, the Department may telminate 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 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 Depmtment any overpayments or funds disallowed pursuant to the terms and conditions of this Challenge Grant Agreement that were disbursed to the Grantee by the Depmtment. 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 from the Department. In the event that the Department first discovers an overpayment has been made, tlle 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 Pmchase of Real Propelty 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 1he 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 tlle original of this Challenge Grant Agreement and a copy shall be sent to tlle Office on Homelessness. 4 GRANT#HFZ23 2007-2008 Agenda Item No. 16D30 February 12, 200S Page 5 of9 THE STATE OFFICE ON HOMELESSNESS 24. Official Name of Payee and Representatives: A, The official Grantee name, as shown on page one (I) of this Challenge Grant Agreement and as listed in MyFlorida Market Place, and mailing address as listed in MyFlorida Market Place, to whom the Depmtment shall issue payment is: Collier County Board of County Commissioners 2800 North Horseshoe Drive Naples, FL 34104 B. The nanle, address, telephone number, and email address of the grant manager for the Grantee under this Challenge Grant Agreement is: Marcy Krumbine, Director of Housing and Human Services 3050 North Horseshoe Drive, Suite 11 0 Naples, FL 34104 Phone: 239-252-8442 E-Mail: MarcyKrumbine@colliergov.net C. The name, address, telephone number, and email address of the grant manager for the Depattment under this Challenge Grant Agreement is: Robert Farr 2295 Victoria Avenue Fort Myers, FL 33901 Phone: 239-338-1295 E-Mail: Robert ]arr@DCF.State.FLus 25. Tins 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 tile pmties, There are no provisions, tenns, conditions, or obligations otiler thatl 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 pmties hereto have executed this 220 page Challenge Grant Agreement by their undersigned officials as dilly authorized. GRANTEE: Collier County Board of County Commissioners Signed By: Name: Title: legal sufficiency Date: 5 GRANT #HFZ23 2007-2008 Aoenda Item No. 16030 , February 12, 2008 Paqe 6 of 9 THE STATE OFFICE ON HOMELESSNESS Grantee Federal EID#: 596000558 Grantee Fiscal Year Ending Date: 09/08 *************************************************** STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signed By: Name: Harriet A. Coleman Title: Circuit Administrator Date: 6 GRANT #HFZ23 Aqenda Item No. 16030 ~ February 12, 2008 Page 7 of9 EXECUTIVE SUMMARY Recommendation that the Board of Connty Commissioners approves and authorizes its Chairman to sign an Agreement with the State of Florida's, Department of Children and Families accepting a Challenge Grant in the amount of $140,000 and anthorize any necessary budget amendments associated with this action. OBJECTIVE: For the Board of County Commissioners to approve and authorize its Chairman to sign an Agreement with the State of Florida's Department of Children and Families accepting a Challenge Grant in the amount of$140,000. to provide homeless assistance for Collier County citizens through three non-profit entities; Saint Matthew's House, The Shelter for Abused Women and Children, and The Collier County Hunger and Homeless Coalition, and authorize any necessary budget amendments associated with this action. CONSIDERATIONS: On May 27, 2003, the Board of County Commissioners (BCC) gave approval for the County to become the Lead Agency and to apply, on behalf of the County's social service agencies, for annual homeless assistance to the U.S. Department of Housing and Urban Development (HUD) and the State of Florida, Collier County applies for the State's annual Challenge Grant for homeless assistance each summer. On July 24, 2007, the Board of County Commissioners provided an after-the-fact approval for a 2008 Challenge Grant application, A notice of award was received on October 18, 2007. The total amount of State funding available is $140,000. The following projects will be funded: Proiect Snonsor and Title Amount ReQuested "oilier County Hunger & Homeless Coal ition $65,000 HMIS/INCCC system Shelter for Abused Women and Children supportive services and case managers $59,000 St. Matthew's House funding for transportation $16,000 rOT AL Challenl!e l!rant request $140,000 The grant will provide homeless assistance through three non-profit entities, Saint Matthew's House will provide transportation to its homeless clients; The Shelter for Abused Women and Children will provide additional Counselors to address its client needs; and The Collier County Hunger and Homeless Coalition will provide operational costs for the Homeless Management Information System (HMIS). FISCAL IMPACT: Approval of this agreement will provide a Challenge Grant, in the amount of $140,000 to Collier County Housing and Human Services Department. This grant will provide pass through assistance to the three non-profit entities. St. Matthew's House will receive $16,000 for transportation services. The Shelter for Abused Women and Children will receive $59,000 for case management services. The Collier County Hunger and Homeless Coalition will receive $65,000 to expand the Homeless Management Information System (HMIS), Agenda Item No. 16D30 February 12. 2008 Page 80f9 GROWTH MANAGEMENT IMPACT: The proposed grant to Collier County Housing and Human Services will address the homeless issue in Collier County, which is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This Agreement is legally sufficient for Board Action, -JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to sign an Agreement with the State of Florida's, Department of Children and Families receiving a Challenge Grant in the amount of $140,000 for homeless assistance and authorize any necessary budget amendments associated with this action. PREPARED BY: Shawn Tan, Grants Management Coordinator Housing and Human Services Department Page 1 of 1 Agenda Item No. 16030 February 12, 2008 Page 9 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16030 Meeting Date: Recommendation that the Board of County Commissioners approves and authorizes its Chairman to sign an Agreement with the State of Floridas. Department of Children and Families accepting a Challenge Grant in the amount of $140,000. 2/12/20089:00:00 AM Prepared By Shawn Tan Senior Accountant Date Community Development & Environmental Services Financial Admin. & Housing 1/25/200810:49:38 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 1/28/200812:39 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 1/30/2008 2:49 PM Approved By Linda Best Contracts Agent Date Administrative Services Purchasing 1/30/20084:01 PM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1131/20083:05 PM A pproved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 1/31/2008 3:21 PM Approved By OMB Coordinator Applic.ations Analyst Date Administrative Services Information Technology 1/3112008 3:54 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 2/5/2008 3:14 PM Approved By James V. Mudd Board of County Commissioners County Manager Date County Manager's Office 2/512008 9:00 PM file://C:\AgendaTest\Export\ 1 00-February%20 12,%202008\ 16,%20CONSENT%20AGEND... 2/6/2008 2007-2008 THE STATE OFFICE 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 $140,000.00 Dollars to Grantee under the following terms and conditions: 1. The application filed with the Department by the Grantee dated July 02, 2007 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: A. Grantee agrees that Challenge Grant funds can not be used to purchase/lease/rent any motor vehicle without legislative approval. Challenge Grant funds designated for sub- grantee St. Matthews House will be used to purchase transportation for the homeless through public transportation systems and expenses related to the operation and maintenance of the sub-grantee' s existing passenger van. B. Grantee agrees to provide a copy of sub-grantee St. Matthew House van's Title prior to or upon request for the first release of funds. The Title will identify the passenger van used that will be subject to this grant's funds. C. Grantee agrees to provide an executed copy of each sub-grantee grant( s) prior to or upon request for the first release of funds. GRANT #HFZ23 2007-2008 THE STATE OFFICE ON HOMELESSNESS D. Grantee agrees to provide a signed copy of the informal dispute resolution it will use as identified in paragraph 12. of this agreement prior to or upon request for the first release of funds. E. Grantee agrees to provide the required monthly status reports no later than the 20th day of each month following the month of services provided. Failure to do so, will require the Grantee to provide a separate report stapled to the status report outlining why the report was late and what actions will be taken to prevent any future late reports. 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. 5. In accordance with sections 11.062 and 216.347, F.S., 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 assignments. 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 2 GRANT #HFZ23 -~ -,---- 2007-2008 THE STATE OFFICE ON HOMELESSNESS and any persons duly authorized by the Department shall have full access to, and shall have the right to examine any of the 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. II. Grantee agrees to be liable for 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. 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. 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 3 GRANT #HFZ23e -- 2007-2008 THE STATE OFFICE ON HOMELESSNESS Florida's performance and obligation to pay under this Challenge Grant Agreement is contingent upon an annual 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 February 01. 2008, 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. 2008 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 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 from 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 fnnds 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 Homelessness. 4 GRANT #HFZ23 2007-2008 THE STATE OFFICE ON HOMELESSNESS 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 North Horseshoe Drive Naples, FL 34104 B. The name, address, telephone number, and email address of the grant manager for the Grantee under this Challenge Grant Agreement is: Marcy Krumbine, Director of Housing and Human Services 3050 North Horseshoe Drive, Suite 110 Naples, FL 34104 Phone: 239-252-8442 E-Mail: MarcyKrumbine@colliergov.net C. The name, address, telephone number, and email address of the grant manager for the Department under this Challenge Grant Agreement is: Robert Farr 2295 Victoria Avenue Fort Myers, FL 3390 I Phone: 239-338-1295 E-Mail: Robert]arr@DCF.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 220 page Challenge Grant Agreement by their undersigned officials as duly authorized. GRANTEE: Collier County Board of County Commissioners Signed By: Name: Title: & legal sufficiency Date: 5 GRANT #HFZ23 2007-2008 THE STATE OFFICE ON HOMELESSNESS Grantee Federal EID#: 596000558 Grantee Fiscal Year Ending Date: 09/08 * * * *" * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signed By: Name: Harriet A. Coleman Title: Circuit Administrator Date: 6 GRANT #HFZ23 i I (C(Q)(P)1f ATTACHMENT I NAPLES/COLLIER COUNTY CONTINUUM OF CARE STATE CHALLENGE GRANT APPLICATION CSFA 60.014 FISCAL YEAR 2008 SUBMITTAL DUE DATE JULY 2, 2007 OOC07 COLLIER COUNTY CHALLENGE GRANT APPLICATION FY 2008 TABLE OF CONTENTS Content Page 1. Cover Letter 1 2. Budget F & G (3 funding levels) 2-5 3. Certification of Consistency 6-14 (back-up documentation) 4. Narrative 15-16 5. Exhibit C Quality of Services 17-20 (back-up documentation) 21-30 6. Exhibit 0 Leverage- 31 (back-up documentation) 32-59 7. Homeless Need - Exhibit E 60 (back-up documentation) 61-64 8. Ability to Complete 65 9. Performance Measures 66 00008 " COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239)774-4010 June 29, 2007 Tom Pierce, Director Office on Homelessness Department of Children & Families 1317 Winewood Blvd Tallahassee, FL 32399-0700 Dear Mr. Pierce: Enclosed please find one original and three copies of Collier County's Homeless Continuum of Care Challenge Grant CSFA 60.014. Collier County is submitting a request for a $140,000 Challenge Grant to implement tmee (3) homeless initiatives in our community. The tmee (3) agencies requesting funds are: . Collier County Hunger & Homeless Coalition-- $65,000 to support INCCC which is our local HMIS system. .SheIter for Abused Women & Children-- $59,000 for case management staff to support homeless victims of domestic violence · St. Matthew's House-- $16,000 to leverage private funds to purchase a passenger van Collier County's Gaps Analysis and annual homeless count demonstrate a need for additional case management, housing and support services that are requested in this grant application. The point of contact for Collier County's homeless assistance request is Susan Golden, Federal/State Grants Administration Manager in our Housing and Human Services Department. Ms. Golden can be reached at (239) 213-2901 or at susangolden(@,colliergov.net. This application will be presented to the Board of County Commissioners on July 24, 2007 to ratify my actions in accordance with CMA Policies. We look forward to hearing from the Office on Homelessness regarding the funding of Collier County's Challenge Grant. If you should have any questions please do not hesitate to contact Susan Golden or Marcy Krumbine, Housing & Human Services Director for additional information. Thank you. ~~~~ James V. Mudd County Manager 00009 .1- Grant Activitv/Use 1 Maintain, support and expand local HMIS system/lNCCC EXHIBIT F BUDGET FORM Agency Existing New Number $ Reauested Provider Name Service ervice Served $65,000 Collier County YES YES! Approx 450 Hunger & Homeless expan agencies CoalitionllNCCC 2 Supportive services & Case $59,000 Managers (FT & PT) for DV homeless Shelter for Abused Women & Children YES NO 3. Passenger van to provide $16,000 transportation for homeless St Matthew's House YES NO TOTAL GRANT Approx 46 Approx 700 $140000 1.196 olal Perso s To Be Served 0001.0 ~ EXHIBIT G EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Grant Activitv/Use $ Budaeted 9/30/07 12/31/07 3/31/08 6/30/08 1. HMISJlNCCC $65.000 $!L- $ 7.000 $13.459 $44.541 2. Shelter spt services/case mgrs $59.000 $14.750 $14.750 $14.750 $14.750 3. St. Matt's passenaer van $16.000 $!L- $16,000 $- $- 4. $ $- $- $- $- 5. $ $- $- $- $- TOTAL GRANT $140.000 $14.750 $37.750 $28.209 $59.291 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 AS WITH EXHIBIT F, you may submit three Exhibit G forms to correspond to the three possible grant award levels. 00011 ~ Proposed Budget at $100,000 Award Level EXHIBIT F BUDGET FORM Grant Activitv/Use 1.Maintain, support and expand local HMIS system/lNCCC $ ReQuested $40,000 Agency Provider Name Collier County Hunger & Homeless Coalition/INCCC Existing New Service l~ervice YES YESI expan agencies Nnmber Served Approx 410 2.Support Services & Case Managers (FT& PT) DV homeless $50,000 Shelter for Abused Women & Children YES NO Approx.46 3. Passenger van to provide transportation for homeless $10.000 St. Matthew's House YES NO Approx 700 TOTAL GRANT $11111.11110 I 156 otal Perso s To Be Served EXHIBIT G EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Grant Activitv/Use $ Budaeted 9/30/07 12/31/07 3/31/08 6/30/08 1. HMIS/lNCCC $40.000 $L- $0 $10,000 $30.000 2. Shelter sot services& case mars $50 , 000 $8.000 $14,000 $14.000 $14.000 3. St. Matt's van $10.000 $L- $10.000 $- $- 4. $ $- $- $- $- 5. $ $- $- $- $- TOTAL GRANT $100.000 $8,000 $24,000 $24,000 $44.000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 00C:2 4- Proposed Budget at $60,000 Award Level EXHIBIT F BUDGET FORM Grant Activitv/Use 1.Maintain, support and expand local HMIS system/lNCCC $ Reouested $30,000 Agency Provider Name Collier County Hunger & Homeless Coalition/lNCCC Existing New Service ervice YES YESI expan agencies Number Served Approx 410 2.Supportive services & Case Manager (FT) for DV homeless $30,000 Shelter for Abused Women & Children YES NO Approx.34 TOTAL GRANT $60.000 444 otal Perso s To Be Served EXHIBIT G EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Grant Activitv/Use $ Budaeted 9/30/07 12/31/07 3/31/08 6/30/08 1. HMIS/INCCC $30.000 $- $- $7.000 $23,000 2. Shelter Case Manaaerl services $30.000 $- $10.000 $10.000 $10.000 3. $ $- $- $- $- 4. $ $- $- $- $- 5. $ $- $- $- $- TOTAL GRANT $60 ,000 $~ $10.000 $17.000 $33.000 NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 OOD1J .5 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010 CERTIFICATION OF CONSISTENCY WITH CONTINUUM OF CARE PLAN This is to certify that the following activities are consistent with the Collier County's 2007 Continuum of Care Plan. Collier County Hunger and Homeless Coalition INCCC/HMIS request for funding to maintain and expand the HUD mandated information system has been an invaluable case management tool for the ten (10) agen.cies currently participating in the program. This project is identified in CoC Part III N 10-Year Plan as objective #5 on page 20; Chart M HMIS Charts page 17-18, Funding Priorities Q page 28, and Chart U Achievements Chart and are attached for your review. Shelter for Abused Women and Children request financial assistance in hiring 1.5 case managers to work with homeless victims of domestic violence in their Naples and Immokalee offices. Women and children participating in the emergency shelter program would receive case management assessments and supportive services to assist them in securing additional mainstream resources. This project is identified in CoC Part III N 10-Year Plan as objective #7 and 4 on pages 21-22; in addition Shelter services are identified in Chart Q Funding Priorities and Chart X and are attached for your review. St. Matthew's House homeless shelter is requesting a small grant to leverage private dollars received for the purchase of a passenger van to provide transportation for the homeless men, women and children who reside at St. Matthew's House. This project involves transportation to needed community services and is identified in CoC Part III N 10-Year Plan as objective #4 and #6 on pages 22 which are attached for your review. Lead Ageo Official and Title: James V. Mudd, County Manager Signature: ~~~ Date: June 29, 2007 00 C 1.1 ~ I ~ l-o ~ -= u rIJ Cl. ~ ~ r:Ll = o .... 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JA "0 U OOC18 ID CoC 2007 Funding Priorities Q: CoC Project Priorities Chart Column (1): New this year, check the box in this column if the fIrst project listed is a proposed Samaritan bonus project. Column (5): The requested project amount must not exceed the amount entered in the project summary budget in Exhibit 2. If the project summary budget exceeds the amount shown on this priorities list, the proiect budget will be reduced to the amount shown on the CoC Project Priorities Chart. Column (7): Place the component type under the appropriate program for each project in column 7. Acceptable entries include PH, TH, SH-PH, SH-TH, SRO, SSO, HMIS, TRA, SRA, PRA, or PRAR. Do not simply enter an "X" in the box provided. Column (9): For the Shelter Plus Care Renewals priority number, please continue project numbering from the top portion of the chart - please do not restart S+C project priority numbering from I. ~ HUD-def"med CoC Name:* CoC#: (1) (2) (3) (4) (5) (6) (7) Program and SF-424 Comnonent Tyne Applicant Name C Requested a SHP SHP S+C SRO Project Sponsor Project .~ Project .. .. Name Name Q Amount '" .~ .. .. ,... ~ ~ ~ .. ~ ~ = .. .. .. .. /' z i>: ;z: ;z: Shelter for Transitional 1:81** SAWCC, Inc. Abused Women & Housing Renewal I $339,000 3 TH Children j. Collier Co Hunger & Collier Co Hunger & Homeless HMIS renewal 2 $104,645 I HMIS Homeless Coalition roalition 3 4 5 6 (8) Subtotal: Requested Amount for CoC $443,645 Competitive Projects: '/9) Shelter Plus Care Renewals: S+C Comnonent Type 7 I 8 1 9 I (10) Subtotal: Requested Amount for $0 S+C Renewal Projects: (11) Total CoC Requested Amount $443,645 (line 8 + line 10): 'HUD-defined CoC names & numbers are available at: htto://www.hud.gov/officesladmlgrants/fundsavaiLcfm. "Check this box if this is a #1 priority Samaritan bonus project. CoC-Q Collier County, Florida 2007 Continuum of Care Exhibit 1 OOC19 ~ Form HUD-40090-1 28 Part IV: CoC Performance U: CoC Achievements Chart For the five HOD national objectives in the 2006 CoC application, enter the 12-month measurable achievements that you provided in Exhibit I, Chart N of the 2006 CoC application. Under "Accomplishments," enter the numeric achievement that your CoC attained within the past 12 months that is directly related to the measurable achievement proposed in 2006. Below, if your CoC did not meet one or more of your proposed achievements, please describe the reasons for this. 2006 Objectives to End Chronic 12-month Measurable Homelessness and Achievement Proposed in 2006 Accomplishments Move Families and Individuals to (from Chart N of your 2006 CoC applicatiou) (Enter the uumeric achievemeut Permanent Housing attained durin!! oast 12 months) 1. Secure additional beds through new 1. 9 out of 16 existing PH beds construction at First Assembly Ministries; are currently occupied by the Pursue collaborative applications to provide S+C Chronic Homeless as of beds and/or housing (CCHA) January 2007. I. Create new PH beds 2. Application made to increase for chronically 2. Track data through APR reports and HMIS housing during 2006-2007 homeless persons. data extraction cycle. No funding awarded/No new PH beds added in 2006. 3. HMIS expanded 1. Increase PH beds from current 38 to 100 during 1. 100% or 21 homeless persons phase of 10 year plan or 163% increase 2. Increase percentage of 2. Secure beds through new construction, stayed in PH over 6 months. homeless persons staying rehabilitation or expansion and/or increase 2. No new beds created. in PH in next 12 months number ofTBRA vouchers (serving 20 families 3. TSRA program expanded by 5%. per year/current funding $350,000). with HOME and local funds 3. Track percentages through APR reports and HMIS data extraction 3. Increase percentage of 1. Track percentages though APR reports and I. 71 % or 27 homeless persons HMIS data extraction moved from TH to PH in past homeless persons moving 2. Increase number ofTBRA vouchers (serving 20 year from TH to PH to 10% per year families per year/current funding $350,000). 2. TBRA program serves 28 households 4. Increase percentage of I. Identify baseline of employed in FY 2006 and 11. 95% or 38 homeless persons homeless persons monitor increases on an annual basis. sheltered became employed in becoming employed by 2. Track percentages though APR reports and ll%. HMIS data extraction i past year /" I. Continue entering data by HMIS participating II. All six (6) agencies are entering I agencies (6 Total): Child Care ofSW FI.; data. 15. Ensure that the CoC Collier County Human Services Department; ! 2. A new vendor was secured in has a functional HMIS David Lawrence Center; Immokalee Friendship I April 2006, 2 months in advance -< system. House; St. Matthew's House; Catholic of goal of 6/2006 I Charities) 13. Physician Lead Access Network ,2. Secure new vendor/Client Track. Net bv (PLAN! signed an agreement on . . Collier County. Flond. 2007 Continuum of Care Exhibit 1 M Form HUD-40090-1 32 \~ - ()r~QiO ( 6/2006 Feb. 2007; Immokalee Non-Profit Housing and Youth Haven have 3. Expand from current 6 HMIS participants to 16 also signed a USER Agreement in active users in the next 10 years May 2007 becoming active partners in HMIS. As of May 2007 have 9 active users organizations with 8 agencies established as baseline goal for 2007. Briefly explain the reasons for not meeting one or more of your proposed measurable achievements. All objectives met or on track except for the creation of new Permanent Housing beds. Funding was not available to add new beds. Nine beds at Wolfe Apartment are occupied by chronic homeless. Efforts will continue to create new PH and TH beds. OPTIONAL: If desired, you may use this space to describe your CoC's most significant accomplishments over the past 12 months. Our community's HMIS system overcame many obstacles primarily attributed to an ineffective vendor and software product which caused negative participation levels, difficulty marketing the system to potential new users, and significant delays with entering data and extracting useful statistics from the system. However, the HMIS administrator assisted our community in overcoming many of these obstacles which has led to a productive, effective and marketable project. Some of the major accomplishments are listed below: On 6/26/06: New vendor, ClientTrack.net through Data Systems International, was secured to improve network capabilities, systems improvements and solicitation and securing additional agencies to become active participants in the HMIS system. New vendor and system was obtained due to setbacks, inefficiencies, incapability's with original vendor. On 7/3/06: The Coalition members went live on new DSI ClientTrack.net HMIS software iSeptember 18-19,2006 National HMIS Conference !Sirgit Pauli-Haack, Project Management & System Administrator was asked to co-present a conference session entitled: "Changing HMIS Software - What Do [Need to Know? When is the I Right Time? What are the Cost Implications?" September 18-19, 2006 National HMIS Conference ILocal HMIS system known as INCCC (Information Network for the Community of Collier I County) was one ofthree recipients ofthe 2006 HMIS Breakthrough Year Award. INCCC ,(HMIS) was recognized by HUD for having overcome significant implementation barriers after !ongoing challenges with deployment at the local level. jMarch 2007: Physician Led Access Network (PLAN) became an active member ofthe HMIS iprogram in Collier County, bringing the total of active participants to seven (7). !May 2007: Immokalee Non-Profit Housing and Youth Haven became an active partners in HMIS, Ibringing the total participating organizations to nine (9). I , , 00021 Form HUD-40090-1 @ 33 Collier County, Florida 2007 Continuum of Care Exhibit 1 ( X: Mainstream Programs and Employment Project Performance Chart HUD will be assessing the percentage of clients in all your renewal projects who gained access to mainstream services, especially those who gained employment. This includes all s+c renewals and all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to APR Question II for each of the renewal projects included on your CoC Priority Chart. For further instructions for filling out this section, see the Instructions section at the beginning of the application. 0 No applicable renewal projects for the Mainstream Programs and Employment Chart are included in the CoC Priorities Chart. 0 All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are included iu calculating the responses below. (1) (2) (3) (4) Number of Adults Income Source Number of Exiting Percent with Who Left (Use same Adults with Each Income at Exit number in each cell) Source of Income (CoI3+Coll x 100) Examole: 105 a. SSI 40 38.1% Examole: 105 b.SSDI 35 33.3% 8 a. SSI 0 0 8 b.SSDI 0 0 8 c. Social Securitv 0 0 8 d. General Public Assistance 0 0 8 e. TANF I 12.5% 8 f. SCHIP 0 0 8 g. Veterans Benefits 0 0 8 h. Emnlovment Income 7 87.5% 8 i. Unemolovment Benefits 0 0 8 j. Veterans Health Care 0 0 8 k. Medicaid 2 25% 8 I. Food Stamos 3 37.5% 8 m. Other (nlease snecify) WIC 3 37.5% 8 n. No Financial Resources I 12.5% :Ske. \~ ~ ~~~ W~ .\. Lk ~ OOC:::2 @ Form HUD-40090-1 36 Collier County, Florida 2007 Continuum of Care Exhibit 1 (4) NARRATIVE Collier County is submitting a request for a $140,000 Challenge Grant to implement three (3) activities in our community. The three agencies requesting funds are: Activity/Priority #1 Collier County Hunger & Homeless Coalition: Funding Level: Requesting $65,000 to be fully funded at $140,000 level; or $40,000 at $100,000 level; or $30,000 funding at $60,000 Award Level The Coalition is requesting funding to maintain, improve and expand the HUD mandated HMIS system. The Collier County HMIS is known as the Information Network for the Community of Collier County (INCCC). The HMIS/INCCC 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 ofCare/SHP funds. There are currently 10 participating organizations at various stages of using and implementing the HMIS software for case management. The local HMIS/INCCC Steering Committee has faced a number of challenges in the past few years including a nonperforming vendor and the search and selection of a replacement software provider. As a result of those experiences, the Information Network for the Community of Collier County (INCCC) received recognition from HUD by receiving the 2006 Breakthrough Year Award at the 2006 National HMIS Conference. Funding is needed to continue to maintain and expand this homeless initiative. Full funding ofthis request would allow for more agencies to participate in HMIS/INCCC. Funding will be used to provide equipment, software, personnel, rent and operational costs. In addition, a portion of the State Challenge grant funding ($24,916) will provide the required match for the 2007 CoC/SHP Dedicated HMIS Renewal application submitted to HUD in June 2007. Funding ofHMIS by HUD and the Challenge grant will improve the sharing of data, improve coordination of case management services, streamline resources and improve the 0 overall Continuum of Care system within Collier County. Activity/Priority #2. Shelter for Abused Women and Children: Funding Level: Requesting $59,000 to be fully funded at $140,000; $50,000 at $100,000 level; or reduced to $30,000 at $60,000 Award Level The grant request of $59,000 will be used to pay for one full-time Shelter Advocate/Counselor and 45% of the cost of a second Shelter Advocate/Counselor who would serve homeless women and children victims of domestic violence. These two positions would assist hundreds of women and children who utilize the services of the Shelter for Abused Women and Children annually. Each Advocate/Counselor will assess residents' short term and long term needs and assist them in accessing mainstream benefits (i.e food stamps, medications, etc.), job placement, life skills to include budgeting, nutrition and self care, court and legal assistance, along with any other basic necessities. OOC23 -, \5 Activity/Priority #3. St. Matthew's House: Funding Level: Requesting $16,000 (To be fully funded at $150,000; to be funded for $10,000 at $100,000 level; no funding at $60,000 Award Level) A grant request of $16,000 will be used to leverage private donations for the purchase of a passenger van to transport the clients of the St. Matthew's House emergency shelter facility. A local church, Trinity by the Cove recently awarded St. Matthew's House with $14,000 to allow for lease payments on a van. The church was unable to fully fund the request to purchase a passenger van. By securing an additional $16,000 in Challenge grant funds the organization can purchase a van which will provide transportation assistance to the homeless for a longer period of time than a vehicle lease arrangement/payment. Collier County's Gaps Analysis and annual homeless count demonstrate a need for the above mentioned projects being requested in this grant application. \6 ooru EXHIBIT C QUALITY OF SERVICE: CERTIFICATION 1. Chronic Homeless Goalsl Strategies: Past Performance Using intonnation from your 2007 Exhibit 1 Continuum of Care Plan, HUD 40090-1 CoC-V fonn, Chronic Homeless Progress Chart complete the following calculation. New PH beds for Chronic Homeless (2/1/06 to 1/31/07) Number of Pennanent Beds for Chronic Homeless 2006 ~ Beds o Beds Divide the Number of New Beds (~ by the Total Pennanent Beds in 2006 (~) to calculate the percentage change in Beds LL%). Documentation Reouired. . Attach to this fonn, HUD 40090-1, CoC-V. 2. Continuum of Care Coordination Using intonnation on fonn HUD 40090-1,CoC-P, CoC Coordination chart, indicate the number of questions checked "Yes' on the coordination of homeless planning efforts. Checked "Yes' on 4 (questions 1.a. to 3.a) of the eight questions. Documentation Reouired. . Attach HUD fonn 40090-1, CoC-P 3. Continuum of Care Project Review and Selection Using infonnation from HUD fonn 40090-1, GoC-F, Project Review and Selection Chart, section 3, Voting/Decision System, indicate the number of methods or processes used by your continuum. Checked-L-number of the six methods/processes, listed in (a) to (f) Documentation Required . HUD form 40090-1, CoC-F, 4. Past Performance: Employment Income Using intonnation reported in your 2007 Exhibit 1 Plan, tonn HUD 40090-1, CoG-X, Mainstream Programs and Employment Project Perfonnance Chart, enter the percentage of clients in all your renewal projects who gained access to "employment income' at exit from the renewal projects. This data is reported as "h. employment income' under Income Source, with the percentage calculation reported in column 4, "% with income at exit'. 87.5% of Adults with Employment Income at Exit _ Check here if your continuum reported having no applicable renewal projects on the tonn. OOC2;5 " !.~ \( Documentation Reauired . Fonn HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Perfonnance Chart. 5. Project Performance: Food Stamp Benefits Using infonnation reported in your 2007 Exhibit 1 Plan, fonn HUD 40090-1. CoC-X, Mainstream Programs and Employment Project Perfonnance Chart, enter the percentage of clients in all your renewal projects who gained access to 'Food Stamps' at exit from the renewal projects. This data is reported as 'L. Food Stamps" under Income Source, with the percentage calculation reported in column 4, '% with income at exit'. 37.5% of Adults with Food Stamps at Exit. _ Check here if your continuum reported having no applicable renewal projects on the fOnTI. Documentation Reauired: Same as tor 3 above. One copy only required. . HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Perfonnance Chart. 6. Project Performance-SSI From your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSI income upon exit from the project. On HUD fonn 40090-1, CoC-X, report the percentage data as reported in 'a. SSI' under Income Source, with the percentage calculation reported in column 4, "% with income at exit." 0% of adults with SSI income at exit _Check here if your continuum reported having no applicable renewal projects on this tonn. Documentation Reauired . HUD form 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart. One copy only required for this fonn from 3 above. 7. Project Performance- SSDI Using the HUD tonn 40090-1, CoC-X, from your 2007 ExhiM 1 plan, report the percentage of clients in all your renewal projects who had SSDI income upon exit from the project. Report the percentage data as required in 'b. SSDI' under Income Source, with the percentage calculation reported in column 4, "% with income at exit." o % of adults with SSDI income at exit. _ Check here if your continuum reported having no applicable renewal projects on this form. Documentation Reauired . HUD fonn 40090-1, CoC-X, Mainstream Programs. (Same as required for items 3, 4, and 5 above. One copy only required) 8. Project Performance: Permanency of Housing From your 2007 Exhibit 1 Plan, report the percentage of the clients served with permanent housing who remained in this pennanent housing tor seven months or longer. Using data reported on HUD 40090-1, CoC-W, Housing Performance Chart, enter the percentage number reported in section 1, Pennanent Housing, item 'e" [Percentage of all participants in pennanent housing project(s) staying seven months or longer]. OCCZG ~r I; \~ _ % of Participants who stayed 7 months or longer. XX Check helll if your continuum Illported having no applicable pennanent housing renewal projects. Documentation Required . Form HUD 40090-1, CoC.W. Housing Performance Chart 9. Project Performance: Transition to Permanent Housing Based on your 2007 Exhibit 1 Plan, report the percentage of all Trensitional Housing clients who moved to a permanent housing living anangement Using the data reported on form HUD 40090-1, COC-W, Housing Performance Chart, enter the percentage number reported in section 2, Transitional Housing, item 'cO {Percentage of participants in transitional housing projects who moved to permanent housing) 75 % of participants in IJansitlonal housing who moved to permanent housing. _ Check here if your continuum reported having no applicable IJansitional housing renewal projects. Documentation Reauired: Same as for 5 above, only one copy Is required. . HUD 40090-1, COC-W, Housing Performance Chart 10. Homeless Management Information Systems (HMIS) Coverage. Using information contained in your 2007 Exhibit 1 Plan's Housing Inventory Charts (HUD 40090-1, CoC-I), fill in the following table, and calculate the percentage of all year round unitslbeds in emergency sheller, transitional housing and permanent supportive housing that are covered by HMIS. as defined in the instructions to the HUD form. Housing Category HMIS Covered # Year Round Year - Round Units/Beds Beds TOTAL Year Round Individual Family Total Column. 4 Column 1 Col. 2 Col.3 11+2\ A. Emeraencv Sheller 136 30 166 224 B. Transitional Housina 26 12 38 80 C. Penn. SUDoortive Housina 15 4 19 38 177 46 223 342 D. TOTALS Divide column 3, Total HMIS Covered Year Round Beds. by column 4, Total Year Round Beds, to calculate the percentage of all year round beds for all housing categories that alll covered by HMIS. Line D. Column 3 223 divide by Line D. Column 4 ML equals 65.2% of Year Round Beds Covered by HMIS (ALL HOUSING CATEGORIES). Documentation Required . HUD 40090-1, CoC-I, Permanent Supportive Housing . HUD 40090-1, CoC-I, Emergency Sheller . HUD 40090-1, CoC-I, Transitional Housing o (:(, 1 'i \C( k .1 "- ...- "-,---".,--~_....._"_.._---" _...._--,_._--_.._-~- 11. Homeless Population Shelter Coverage Using information reported in your 2007 Exhibit 1 Plan's Homeless Population and Sub-population Chart, complete the calculation below for the percentage of homeless persons that are sheltered in emergency and transitional housing facilities. From HUD form 40090-1, CoC-K, enter the data below and complete the percentage calculation. 484 Total Homeless Persons in all Households (With dependent children and without dependent children). 365 Total Homeless Persons Sheltered in Emergency and Transitional housing for both households with and without dependent children. Divide the Total Homeless Persons Sheltered 365 by the Total Homeless Persons 484 to determine the 75% percentage of the Total Homeless Perso'ns that are sheltered. Documentation Reauired . HUD form 40090-1, CoC-K. 12. Expanded Continuum of Care Catchment Area If your 2007 Exhibit 1 Plan has expanded its catchment area by one or more counties that were not covered by a continuum of care catchment area designated by the Office on Homelessness in 2006, please identify the county(s) added. NOT APPLICABLE 13. Past Performance: Unexecuted HUD Grants. Using the information reported on form HUD 40090-1, CoC-Z in your 2007 Exhibit 1 Plan, report below the number of HUD McKinney-Vento Act awards announced prior to 2006 that are not yet under contract (i.e. signed grant agreement or executed ACe). Q Total Number of McKinney-Vento Act awards Not Yet Under Contract. Documentation Reauired . HUD 40090-1, CoC-Z. Lead Agency Certification I hereby attest that all information reported above is true and accurate, based upon the evidence and documentation attached hereto, and made a part of this certification. Name of Continuum of Care Naoles/Collier County CoC Name of Lead Agency Collier County Housina & Human Services Name of Certifying Official J'c:tCooo;;~4 June 29. 2007 Signature of Certifying Official Date Signed Failure to provide an original signed certification for quality of service shall be cause for the application to ranked last on the quality of service preference criteria. rX.D O(}C~8 ( @OC Chronic Homeless (CH) Progress Chart The data in this chart should come from point-in-time counts also used for Chart K: Populations and Subpopulations Chart and Chart I: Housing Inventory Chart. For further instructions in filling out this chart, please see the Instructions section. 1. Enter the total number of chronically homeless persons in your CoC and the total number of permanent housing beds designated for the chronically homeless in your CoC for each vear. Year Number ofCH Persons Number of PH beds for the CH 2005 44 0 2006 73 0 2007 52 9 Briefly describe the reason(s) for any increases in the total number of chronically homeless persons between 2006 and 2007: Based on the January 2007 point in time count, there was a decrease of28.7% 2. Indicate the number of new PH beds in place and made available for occupancy 9 for the chronically homeless between February I, 2006 and January 31, 2007: 3. IdentifY the amount of funds from each funding source for the development and operations costs of the new CH beds created between February 1, 2006 and January 31, 2007. Public/Government Cost Type HUD Other Private McKinney- Federal State Local Vento Development $ $ $ $ $ Operations $ $ $ $ $ TOTAL $ $ $ $ $ @ Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 34 OPQ19 ',1 ( 00c Coordination Chart ~c should regularly assess the local homeless system and identify shortcomings and unmet needs. One of the keys to improving a CoC is to use long-term strategic planning to establish specific goals and then implement short-termlmedium-term action steps. Because of the complexity of the existing homeless system and the need to coordinate multiple funding sources, there are often multiple long- term strategic planning groups. It is imperative for CoCs to coordinate, as appropriate, with each of these existing strategic planning groups to meet the local CoC shortcomings and unmet needs. Answer each question in the checkbox provided, using an X to indicate Yes or No for each. 1. Consolidated Plan Coordination a. Do Con Plan planners, authors and other Con Plan stakeholders participate in CoC general lannin meetin s? b. Do CoC members participate in Con Plan planning meetings, focus groups, or public forums? c. Were CoC strategic plan goals addressing homelessness and chronic homelessness used in the develo ment of the Con Plan? 2. JurisdictionallO-year Plan Coordination a. Is there one or more formal jurisdictional I O-year Planes) being developed and/or being implemented within your CoC geography that are separate from the CoC IO-year plan? If No, ou ma ski to Question 3a.) b. Do 10-year Plan conveners, authors and other stakeholders participate in CoC general lannin meetin s? c. Have 10-year Plan participants taken steps to align their planning process with the local CoC Ian? d. Were CoC strate 'c Ian oals used in the develo ment of the 10- ear Plan s)? e. Provide the number of jurisdictions within your CoC geography that have formally im lemented a lO-year Ian s . 3. Public Housin A enc Coordination a. Do CoC members meet with CoC area PHAs to improve coordination with and access to mainstream housin resources? YES NO ~O ~O ~O D~ DO DO ~D @ Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 27 OlHljO ( F: oC Project Review and Selection Chart e CoC solicitation of projects and project selection should be conducted in a fair and impartial manner. Please mark all appropriate boxes to indicate all of the methods and processes the CoC used in the past year to assess project(s) performance, effectiveness, and quality, particularly with respect to the Project Priorities Chart (CoC-Q). This applies to new and renewal projects. Check all that apply: 1. Open Solicitation a. Newspaoers d. Outreach to Faith-Based Groups b. LettersJEmails to CoC Membership e. Announcements at CoC Meetings c. Responsive to Public Inauiries f. Announcements at Other Meetings 2. Obiective Ratio!!: Measures and Performance Assessment a. CoC Rating & Review Committee Exists i. Assess Spending (fast or slow) lSl b. Review CoC Monitoring Findinl!s k. Assess Cost Effectiveness cxr c. Review HUD Monitoring Findings lSl 1. Assess Provider Organization lSl Experience d. Review Independent Audit lSl m. Assess Provider Organization lSl Caoacitv ,.- ,. e.Revlew fluJ:5APItfor Performance lSl n. Evaluate Project Presentation lSl Results f. Review Unexecuted Grants [ o. Review CoC Membership Involvement lSl l!. Site Visit(s) lSl P. Review Match lSl h. Survey Clients lSl q. Review All Leveraging Letters (to lSl ensure that thev meet HUD requirements) i. Evafuate Profect Readiness lSl 3. V otimYDecision Svstem a. Unbiased Panel! Review Committee c><.1 d. One Vote per Orl!anization 0 b. Consumer Reoresentative Has a Vote lSl e. Consensus (general alITeement) lSl c. All CoC Members Present Can Vote 0 f. Voting Members Abstain if Conflict of lSl Interest G: CoC Written Complaints Chart Were there any written complaints received by the CoC regarding any CoC matter lSl Yes in the last 12 months? o No If Yes, briefly describe the complaints and how they were resolved. A tenant of Wolfe Apartments permanent supportive housing program filed a complaint with the County and Miami HUD regarding non-renewal of lease without written cause/justification. The Collier County Housing & Grants section initiated a review of the complaint and provided information to Miami HUD. In addition, the tenant filed a housing discrimination compliant with HUD which was investigated. There have been no other complaints. (~ Collier County, Florida 2007 Continuum of Care Exhibit I OO.();}l Form HUD-40090-1 7 ( X: Mainstream Programs and Employment Project Performance Chart HUD will be assessing the percentage of clients in all your renewal projects who gained access to mainstream services, especially those who gained employment. This includes all S+C renewals and all SHP renewals, excluding HMIS projects. Complete the following charts based on responses to APR Question II for each of the renewal projects included on your CoC Priority Chart. For further instructions for filling out this section, see the Instructions section at the beginning of the application. 0 No applicable renewal projects for the Mainstream Programs and Employment Chart are included in the CoC Priorities Chart. Ii31 All renewal projects on the CoC Priorities Chart that are not exempted from reporting in the APR are included in calculating the responses below. (1) (2) (3) (4) Number of Adults Income Source Number of Exiting Percent with Who Left (Use same Adults with Each Income at Exit number in each cell) Source of Income (CoI3+Coll x 100) Examole: 105 a. SS[ 40 38.[% Example: 105 b.SSDI 35 33.3% 8 a. SSI 0 0 8 b.SSDI 0 0 8 c. Social Securitv 0 0 8 d. General Public Assistance 0 0 8 e. TANF 1 12.5% 8 f. SCHIP 0 0 8 g. Veterans Benefits 0 0 8 h. Emolovment Income 7 87.5% 8 i. Unemoloyment Benefits 0 0 8 i. Veterans Health Care 0 0 8 k. Medicaid 2 25% 8 I. Food Stamos 3 37.5% 8 m. Other (olease soecifv) WIC 3 37.5% 8 n. No Financial Resources 1 12.5% (<~ Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 36 Ol'\e .....) ,\.. .),.. ( oC Housing Performance Chart following chart will assess your CoC's progress in reducing homelessness by helping clients move to and stabilize in permanent housing, access mainstream services and gain employment. Both housing and supportive services projects in your CoC will be examined. Provide information from the most recently submitted APR for the appropriate RENEWAL project(s) on your CoC Project Priorities Chart. Note: If you are not submitting any renewals in this year's competition for the applicable areas presented below, check the appropriate "No applicable renewals" box in the chart. 1. Participants in Permanent Housing (PH) HUD will be assessing the percentage of all participants who remain in S+C or SHP permanent housing (PH) for more than six months. SHP projects include both SHP-PH and SHP-Safe Haven PH renewals. Complete the following chart using data based on the most recentlv submitted APR for Question l2(a) and 12(b) for PH projects included on your CoC Priority Chart: ~ No applicable PH renewals are on the CoC Project Priorities Chart o All PH renewal projects with APRs submitted are included in calculating the responses below a. Number of artici ants who exited PH ro'ect s)-APR uestion l2(a b. Number of artici ants who did notleave the ro'ect(s APR uestion 12 c. Number who exited after sta 'n 7 months or Ion er in PH-APR uestion 12 a) d. Number who did not leave after staying 7 months or longer in PH-APR question l2(b) e. Percentage of all participants in PH projects staying 7 months or longer c. + d. divided b a. + b., multi lied b 100 = e.) ~.' 'f~_~if., ~ii:~~~~~;:~~;Z~~;~!:i';~~1~W-~~'{i~>t~&~?l> APR Data % 2. Partici ants in Transitional Housin (TH) HUD will be assessing the percentage of all TH clients who moved to a permanent housing situation. TH projects include SHP-TH and SHP-Safe HavenlTH not identified as permanent housing. Complete the following chart using data based on the most recentlv submitted APR uestion 14 for TH renewal ro'ects included on our CoC Priorities Chart. o No applicable TH renewals are on the CoC Project Priorities Chart ~ All TH renewal projects with APRs submitted are included in calculating the responses below a. Number of artici ants who exited TH ro' ect s includin unknown destination b. Number of artici ants who moved to PH c. Percent of participants in TH projects who moved to PH (b. divided b a., multi lied b 100 = c.) APR Data 8 6 75% Collier County, Florida 2007 Continuum of Care Exhibit 1 c;~J Form HUD-40090-1 35 OOC33 "" o P-< OJ 1:: ~ .a E-< U ~ '" "0'" ~u -58 = = .... .. .... '" ~ -= * '-' ~ ~ '" = <a '5 '" Z .d .g U - "g ... '"' Q .... = ~ ~ .... ~ z ... ~ '> 8 ... P-< '" .. a ....... 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"'0 i",g~ 'S~g ~ 'EJ r:f a1 ~ 'I ~ al~a>'r--dOO =:I -g ~ ;> 1J @ ~;:: 'g "..... 9'"1 .9 il ;>., ::10....."...."">.0 ~ 0 0 rn I 0 ~ ~"O ".~]~: .. Q.) 1-0 ~'R r ~...... "'>'O)-~_~:l ~.-..o.s\D.5 S >''''S.gO)o -d 01 (5 Z" eIl.S ~ 0 = ..... ~ ......4 0'1'- ~ ~-.or:--:oo,-, '" '" - N ;; g Eo< Q <'l <'l Z f;i :; z ;;l 70 '" 7 '" ~ . 7 .... V1 - CoC Homeless Population and Subpopulations @OC Point-in- Time Homeless Population and Subpopulations Chart Indicate date oflast point-in-time count: (01/26/2007) Part 1: Homeless Sheltered Po ulation Transitional Unsheltere d Total 1. Number of Households with De endent Children: 9 21 2 32 la. Total Number of Persons in these Households (adults and children) 34 62 5 101 2. Number of Households without Dependent Children** 132 41 109 282 2a. Total Number of Persons in these Households 166 103 114 383 Total Persons (Add Lines la and 2a): 200 165 119 484 Part 2: Homeless Unsheltere Subpopulations Sheltered Total d below) a. Chronically Homeless 0 50 50 b. Severely Mentally III 6 6 12 c. Chronic Substance Abuse 29 12 41 d. Veterans 0 28 28 e. Persons with HIV/AIDS 0 I 1 f. Victims of Domestic Violence 0 * 0 g. Unaccompanied Youth (Under 18) 0 * 0 'Optional for unsheltered homeless subpopulations " Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children) "'For "sheltered" chronically homeless subpopulations, list persons in emergency shelter only. ci) Collier County, Florida 2007 Continuum of Care Exhibit I Form HUD-40090-1 14 OJ) c j If Y: Enrollment and Participation in Mainstream Programs Chart It is fundamental that your CoC systematically helps homeless persons identifY, apply for and follow- up to receive benefits under SSI, SSDI, TANF, Medicaid, Food Stamps, SCRIP, WIA, and Veterans Health Care as well as any other State or Local program that may be applicable. Which policies are currently in place in your CoC to help clients secure these mainstream benefits for which they are eligible? Check those activities implemented by a majority of your CoC's homeless assistance providers check all that a I : o A majority of homeless assistance providers have case managers systematically assist clients in com letin a lications for mainstream benefit ro ams. o The CoC systematically analyzes its projects' APRs to assess and improve access to mainstream ro ams. o The CoC has an active planning committee that meets at least three times a year to improve CoC-wide artici ation in mainstream ro ams. o A majority of homeless assistance providers use a single application form for four or more of the above mainstream ro ams. o The CoC systematically provides outreach and intake staff specific, ongoing training on how to identi eli 'bilit and ro am chan es for mainstream ro ams. o The CoC or any of its projects has specialized staff whose primary responsibility is to identifY, enroll, and follow-u with homeless ersons on artici ation in mainstream ro ams. o A majority of homeless assistance providers supply transportation assistance to clients to attend mainstream benefit a ointments, em 10 ent trainin , or 'obs. o A majority of homeless assistance providers have staff systematically follow-up to ensure that mainstream benefits are received. o The CoC coordinates with the State Interagency Council(s) on Homelessness to reduce or remove barriers to accessin mainstream services. Z. nexecuted Grants Awarded Prior to the 2006 CoC Com etition Chart ovide a list of all HUD McKinney-Vento Act awards made prior to the 2005 competition that are not et under contract (i.e., si ed ant a eement or executed ACC . Pro' ect Number A licant Name Pro' ect Name Exam Ie: MI23B901002 Michiana Homes, Inc. TH for Homeless NOT APPLICABLE Grant Amount $514,000 Total: @ Collier County, Florida 2007 Continuum of Care Exhibit 1 Form HUD-40090-1 37 one 38 ~ .il ..__.-,._--_._.~._.-.-._,---_._._-,._.-.__.- EXHIBIT 0 LEVERAGED FUNDING A. McKinney-Vento Homeless Assistance Act Grants List each grant award claimed separately under the McKinney-Vento Program. Proaram 1. Homeless Veterans Reintegration 2. Health Care for the Homeless 3. PATH 4. Education for Homeless Children 5. Emergency Shelter Grant 6. Shelter Plus Care 7. Supportive Housing Program 8. Section 8 Moderate Rehab., SRO 9. Emergency Food & Shelter TOTAL GRANTS Grant Amount $- $- $- $- $ 96.494 $- $622.521 $- $- $719,015 B. Private Cash for Services to Homeless Persons Particioatina Continuum Aaency 1. SAWCC.lnc 2. SI. Matthew's House 3. CCHHC member aaencies 4. TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Private Cash Lead Agency Certification: Cash Received $3,193.329 $1,500.000 $ 330.547 $ $5.023.876 $719.015 $5.023.876 Grant Award Date of Grantor #/Reference Executed Award Letter (attach copy) B06UC120016 July 12. 2006 FL 14B50-6001 ,2&3 July 25. 2006 Source Documentation (Attach letter from agency chief executive officer on agency letterhead certifying the cash received and the homeless services supported by that cash.) I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Collier County Housina & Human Services Name of Certifying Official: James V. Mudd ;;Z----l/~4 TitlelPosition: County Manaaer Signature of Certifying Official: Date Signed: June 29, 2007 OUC.39 3\ -,<;: SHELTER FOR ABUSED WOMEN&CHILDREN "Breaking rhe cycle of abuse, building hope..." 1 May 2007 TO THOSE CONCERNED: SAWCC, Inc., has raised $3,193,329 in private cash from July 1 ,2006, through March 31, 2007, for the purpose of serving homeless victims of domestic violence. Our services include emergency shelter, transitional living, outreach, case management, basic necessities, and other vital services. _ Since1Y' ~IJ~VD Marci Sanders /- ~ Acting Executive Director ~0 P.O. Box \0102, Naples, FL 34\0\239-775-3862, fax 239-775-306\ I 24-Hom Cdsis Line 239-775-\ \01 I lnunokalee Office 239-657-5700 I TIY 239-775-4265 Options Thrift Sharpe, 968 Second Avenue North, Naples, FL 34102 239-434-7115 [1N'NW.naplesshelter.org I info@naplesshe1ter.org The Shelter for Abused Women & Children is grateful for funding from United Way of Collier County, Department of Children & Families (Domestic Violence Trust Fund) and private contributors. I'l nf'.A.O......__. ~ SL. mattbeW'S....-,. . boose ~ 2001 Airport Road. South. Naples. Florida 34112.4814 Phone: (239) 774-0500. Fax: (239) 774-7146 June 15, 2007 To Whom It May Concem: St. Matthew's House, Inc. a 120 bed emergency shelter for homeless men, women, and children has raised $1,500,000.00 from private funds from July I, 2006 through today's date. These funds have been utilized to provide emergency shelter. transitional housing, and permanent housing for the disabled, and a soup kitchen to serve our homeless clients. Trinity-by-the-Cove Episcopal Church has granted $14,000.00 for the purchase of a van for transportation of homeless residents. Thank you for your assistance, if there are any questions please feel free to contact me. 7J:?--T ~ Vann R. Ellison Executive Director Touching Hearls, Changing Lives. Serving the Homeless and Hungry www.stmatthewshouse.org G3 (Htc ..:1 fRIN1TY - by - the - COVE EPISCOPAL CHURCH ;53 Galleon Drive Naples, Florida 34102 (239) 262-6581 Fax (239) 262-3987 May 19, 2007 ~<^-\-e1 Q~ \JO--y\ VaAll R. Ellison, ExecutiVe Director St. Matthew's House 2001 Airport Road South Naples, FL 34112 bear Mr. Ellison: Tri,nity-by-the.Cove has approved the recomm~dation of its Commumty GJ;llnt Com- mission to award you a grant in the amount of$14,OOO.This grands in support of your need for a van. While not enough to purchase a neW van, it can enable a multi-year lease of one. By accepting this grant, you agree to: · Use the funds only for the purpose stated . Send an expenditure report to M". G.Ue Scott, Chaitperson, GJ;llUt Commission, Trinity-by-the"Cove, 553 Galleon Drive, Naples, FL 34102 This eoq>enditure report is due no later than October I, 2007, and should include copies of all related bills paid by you, a description of how the funds were spent and how many people were served by the gtao.t. In the event you have not spent your grant by that date, you agree to file a partial report'and contact Ms. Scott to establish a mutually convenient date for a final report. If we have not received your expenditure report by October 1, 2007, or you have not received approval from the Commission for an extension, you will not be eligible for consideration for funding in the 2008 funding cycle. Please return a signed copy of this letter to Gale Scott, postmarked no later thanJune 15. Signed~~ Tide:E~4,/t~Date: 5'-2/,-07 5',( ./lZrIlle",,{ 45e, Zc;. Organh:ation's legal name for check preparation purposes '-#& L I C5"': ,1/ ( '! ~ Gale Scott, GJ;llnt 0 ttee Chairperson www.trinitybythecove.com.info@trinitybythecove.com A .... . 4 . " - , " '. " @ nnr.,ll ~. " FIRST .' ..., BAPTIST ':,:: ".:: CHURCH ...~ ".#" , . ., NAPLES ~v.~l\e'(" ~ ~~(Q(S Lao... L'-+: er..... Dr. Hayes Wicker, Senior Pastor June 12,2007 To Whom It May Concern: Our benevolence fund helps a number of homeless clients each year. Of the $50,000 plus funds we distribute each year, $7,000 to $8,000 goes to people that fit the strictest definition of homeless. But since many of the people we help are about to be evicted or are single moms living at the poverty level the impact we have on the homeless population we feel is greater. This information is based on this year which for us is from July 1,2006 to June 30, 2007. The numbers may change a little between now and June 30th. We support the Collier County Hunger and Homeless Coalition efforts to make a difference in people's lives. Let me know if! can be of further help. His servant and yours, h' p/W . y D. Hill . Director of Single Parent Family Ministry Director of Benevolence Ministry @ 3000 Orange Blossom Drive Naples, FL 34109-8919 PHONE: 239.597.6057 FAX: 239.597.1678 WEB: www. tben.org n.rcO,l1 '1 Saint William Church 750 Seagate Drive . Naples, FL 34103 June 6, 2007 Executive Director Hunger and Homeless Coalition of Collier County 279 Airport -Pulling Road South Naples, FL 34104 To Whom It May Concern: According to our records, in the fiscal year of July 1,2006 to June 30, 2007, we have contributed $2,547.00 to the Hunger and Homeless Coalition of Collier County to be spent on activities for the hungry and/or homeless persons served by the Coalition. If there is anything further you need in regards to this, please contact me at the address above or by telephone at 239-261-4883. Michael J. Mahr Pastoral Administrator cc: file @ ontJ.t Immokalee Friendship House SHELTER FOR THE HOMELESS June 13, 2007 To Whom It May Concern, The Immokalee Friendship House, an emergency and temporary homeless shelter, has raised $320,000 private funds from July I, 2006 to now that are for activities for our homeless clients. Thank~OU fqr yo assistance, M"'1 . omca IS Executive Director one J'l (ij) 602 W. MAIN STREET 'IMMOKALEE, FL 34142-3927' (239) 657-4090' FAX(239) 657-5587 6 11""IIT~n '^,liV li~I=t\lrv !..I':: June &, 2007 \ Debra Mabr Collier County H~ger and Hemeless Coalition 279 Airport Pulling South Naples, FL 3MQ4 Dear Ms. Mabr: Please accept this letter as our support of Collier County Hunger and Homeless Coalition's application for a State Challenge Grant to fund the local Homeless Management Information Systems program; Our agency provides a Tenant Based Rental Assistance program that ~erves the homeless population. To date from July 2006 we have spent approximately 520 hours in providing services to our homeless clients. I hope this information is beneficial to you in the application you are submitting.. We look forward to working witli you on providing hOl.)sing services to those individuals in need of safe, . '. \ decent and affordable housing. ~::iL ~ ~ralda Serrata, PHM Executive Director cc: Director of Housing CnlJ:==-Yn..';nn ,..,hM;". 6.1000 "n~ IYlMJ...,lYInoo " Tmm~J..~~,!!:1n~n ';'1;' ". mal (,<7.'h"a "....FAX !Ha) (,<7.77'7 . l"'~'.'~~'\ ::i* ~~*~ \llIllll ".("'DE'<~I.-D U.S. Department of Housing and Urban Development Community Planning and Development Division Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 RECEIVED JUL 2 4 2006 Soard of County Commissioners JUL 1 2 2QD;: Honorable Frank Halas, Chairman Collier County Board of Commissioners 3301 E Tamiami Trail Naples, FL 34112 J7-25-:J6A09 :32 I~C\lD Dear Chairman Halas: SUBJECT: Collier County Consolidated Plan FY 2006-2009 2006-2007 Action Plan Approval We are pleased to approve your five-year Consolidated Plan FY 2006-2009 and your one-year Action Plan for Fiscal Year 2006 funding. The grant assistance that is being approved with the Action Plan is as follows: Community Development Block Grant (CDBG) Program Emergency Shelter Grants (ESG) Program HOME Investment Partnerships (HOME) Program American Dream Downpayment Initiative FY 05 (ADD!) Program $ 2,388,595. $ 96,494. $ 717,893. $ 14,371. The total allocation for your community is $ 3,217,353. Your FY 2005 program year began on July 1,2006. We would like to take this opportunity to commend the County on the successful completion of the one-year Action Plan. We believe that the goals and objectives developed through this process provide the foundation for the formulation of new partnerships at all levels of government and with the private sector including for-profit and non-profit organizations. These partnerships are invaluable as you and your partners address the problems of affordable housing, homelessness, and economic opportunities for all citizens, particularly for very low- income and low-income persons. Enclosed are three originals of each of the required Grant Agreements and Funding Approvals. This constitutes the contract between our Department and the County. You should note any special conditions listed in the Funding Approvals. Please return two executed orie:inals for each Grant, and retain one for your records. OQ~..l'i G) HUD's mission is to increase homeownership, support community development and increase access to affordable housing free from discrimination. www.hud.2'OV www.esnsnol.hud.lmv In addition to the Grant Agreement, we have also enclosed a copy of "Consolidated Plan Advice and Guidance" applicable to the various Programs. Again, we congratulate you and your staff on the preparation of the one-year Action Plan. We look forward to working with you during the coming year to accomplish the goals the County has set forth and to further refine and improve the Consolidated Plan development process. In the meantime, if you have any questions or desire assistance concerning this letter or other items related to the community development programs, please contact Lisa Bustamante, CPD Representative, at (305) 536-4431, ext. 2262. / Maria R. Ortiz-Hill Director, Community Planning and Development Enclosures cc: Mr. H. Denton Baker, Director of Housing & Urban Imp. @ O~(,4fj l""I:""I"'\, ,,* *'" . , . . o -" ~'''/fOI!'1Ii.\..O'l U.S. Department of Housing and Urban Development Atlanta Region. Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 May 31, 2006 Susan Golden. Collier County Financial Administration and Housing, Dept 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number: Rt4~\ Project Identifier Number: FL 14121 Congratulations on the final selection of Dedicated ~Proiect for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This one (1) year award will continue to support your program previously funded by HUD in 2004, further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $104.645, allocated as follows: 1. Grant for operating $-0- 2. Grant for supportive services $-0- 3. Grant for leasing $-0- 4. Grant for HMIS $99.662 5. Grant for administration $4.983 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two-2 of them to this office within two weeks of receipt of this letter. HUD's mission is to increase homeownership, suppott community development and Increase ,",cess to affordllble houslngftee from discrimination. www.hud.gov O"V:a04hirov 1\1 The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP's Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. If you have any questions, please contact Ronald M. Muscarella Senior CPO ReDresentative. at (305) 536-4431 extension 2320. We look forward to working with you toward the successful continuation of your Supportive Housing Program project Sincerely, rtiz, Director Community Planning and Development Division L\-~ 00(;50 ) RENBNALGRANTAGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners, the Recipient, whose Tax 10 number is 59-6000558 for Project Number FL 14850-6003 Proiect Identifier Number FL 14121 to be located at 2001 Airuort Pullina Road South. Naples FL 34112. The assistance, which is the subject of this Grant Agreement, is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "grant" or "grant funds" means the assistance provided under this Agreement. This grant agreement will be govemed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NO FA) published March 21, 2005 at 70 FR 13576 and 14273. The term "Application" means the original and renewal application submissions on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, approved a Grant. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run from the end of the Recipienfs final operating year under the original Grant Agreement for a period of one (1) Year. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. HUD's total fund obligation for this project is $104.645, allocated as follows: 1. Grant for Operating $:Q: 2. Grant for Supportive Services $-0- 3. Grant for Leasing $-0- 4. HMIS $99.662 5. Grant for Administration $4.983 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. HUD's mlssWn is to increase homeownenhip, support colllllUllJity development and increase access to affordllble hOllSingfree from discrimination. www.bud.gov espanoLbud.gov ~j mHl rd The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is othelWise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. For any project funded by this grant that is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regUlations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or 'i~ OftA~. 9) (b) issue a letter of warning advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (e) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD. q$ OPCfJ3 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development BY' @/~ &h;66 """""Signature and Date ( Maria R. Ortiz-Hill Typed name of signatory Director, Communitv Plannina & Development Division TItle RECIPIENT Collier Countv Board of Countv Commissioners Name of Organization By: ::::::-.> ~~ __ Authorized Signature and Date ~'ro.V\ \Z t\.a.\a.S Typed name of signatory C-- ,^Oli (M.a."" Title Susan Golden (239-213-2939 Fax 239-403-2331 Official Contact Person and Telephone #. and Fax No ciency sistant County Attorney OOjlhJ ,/~'6/~O()1o ,f'C'~::' i~;\r':1~i;;, ATTEST. .c. '.,,~,:,;. OWIGH~ OCl{:,XI;~RK ,- .. ....~. 1d ' .",.' L . ,~.'..J _., ,..- . , .- ..~~..~J:le'r:~'.dif:., ~. <J".;".'" ,,~. . .. oi/J '.s,'~ ~ AtmtHWiCJl41nsaa ,1 s1onlt"" onl~ 40 '''u'.''''''O {*'Ii ~*~ ~ J!'ii:' ~~... D~~~\.O~ U.S. Department of Housing and Urban Development Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 May 31,2006 Susan Golden Collier County Fiancial Administration and Housing Dept. 2800 N. Horseshoe Drive, Suite 400 Naples, Fl34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreements Supportive Housing Program Project Number: fLf~1.\ Project Identifier Number: FL 14152 Congratulations on the final selection of SAwee,Ti'llnlI~~~nder the Supportive Housing Program. All conditions attached to your award for t is project have been met. Concern: you must remove payment of insurance from administrative line item, it is not an eligible costs. HUD's total fund obligation for this project is $226.266, allocated as follows: 1. Grant amount for Acquisition $-0- 2. Grant amount for Rehabilitation $-0- 3. Grant amount for New Construction $159.500 4. Grant amount for Leasing $-0- 5. Grant amount for Supportive Services $13.824 6. Grant amount for Operating Costs $42.168 7. Grant amount for HMIS $-0- 8. Grant amount for Administration $10.774 Enclosed are three HUD executed copies of the Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two (2) of them to this office . BUD's mlssloII is to Increase homeo",II"",hip, support COmmullity development and IncretlSe access to affordllble hOUJJlngfree from discrimination. www.hud.gov ospanoLhud.gov ~1 O r"'.t I- ."'; ,}" Also enclosed are Grantee Financial Instructions in which you will find information on completing the Direct Deposit Form, the Voice Response Access Authorization form, and the Special Needs Assistance Programs Voucher for Grant Payment, all of which are necessary to receive payments from HUD. Enclosed is a copy of HUD 7015.15 and instructions for its completion. As previously mentioned in our notification letter to you, HUD 7015.15 (Request for Release of Funds and Certification) must be completed for each project site and retumed to the HUD Field Office. HUD may not release grant funds if the recipient or any other party commits grant funds before the Field Office approves the Request for Release of Funds and Certification. If the recipient is a State or unit of general local government, then the recipient must complete all three parts of HUD 7015.15. If the recipient is a public housing agency (PHA) or a private nonprofit organization, the recipient must complete only part 3 of HUD-7015.15 and then only after the recipient's responsible entity has conducted the environmental review, published the notices and completed parts 1 and 2 of HUD 7015.15. HUD cannot release funds if the recipient or any other party commits grant funds for activities not listed in 24 CFR 58.34 or 58.35(b) before the Field Office approves form HUD 7015.15. You are advised that your grant cannot begin and no funds can be disbursed to you for this project until the Grant Agreement is fully executed. Thank you for your commitment to assisting homeless persons. We look forward to working with you to eliminate homelessness. If you have any questions, please contact Ronald M. Muscarella. Senior CPO Reoresentative at (305) 536-4431 extention 2320. Since~Jy, 0 ;;/ rtl~/! 0 / _ ~rfa d. brtiz, Director Community Planning and Development Division ~ (JOOSf, ~"(, , 2005 Supportive Housing Grant Agreement - New This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and (Collier Count Board of County Commissionersl. the Recipient, whose Tax ID number is 59- 2752895 for Project NumberFL 14B50-6001 Project Identifier Number FL 14152. as described on pages 1 through 19 of the Application, and as identified below: Project Name: SAWCC Transitional Housing Project Sponsor: Shelter for Abused Women & Children, Inc. Project Location Naples Florida The assistance which is the subject of this Grant Agreement is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The term "granf' or "grant funds" means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availability (NOFA), published March 21, 2005 at 70 FR 13576 and 14273. The term "Application" means the application submission on the basis of which HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions, on the basis of which HUD approved a grant. The Application is incorporated herein as part of this Agreement, however, in the event of a conflict between any part of the Application and any part of the Grant Agreement, the latter shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run for a period of three (3) vears HUD's total fund obligation for this project is $ 226.266. The Recipient must provide a 25 percent cash match for supportive services pursuant to HUD's FY 2005 Appropriations Act. The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. L\-q O(~v6't' The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. If the Recipient is a State or other govemmental entity required to assume environmental responsibility, it agrees that no costs to be paid or reimbursed with grant funds will be incurred before the completion of such responsibilities and HUD approval of any required Request for Release of Funds. If, in the application, the Recipient indicated that activities in any project will be carried out in an Empowerment Zone, an Enterprise Community, or an Enhanced Enterprise Community, as designated by HUD or the Department of Agriculture, the Recipient agrees to give priority placement in that project to eligible persons whose last known address was within the designated EZlEC area or who are homeless persons living on the streets or in shelters within the designated areas. HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Application, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No change may be made to the project nor any right, benefit, or advantage of the Recipient hereunder be assigned without prior written approval of HUD. For any project funded by this grant, which is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. For any project receiving funds for acquisition, construction or rehabilitation, the following applies: 9) OPf.J8 ,.J ': The Recipient is required to execute and file for record a deed restriction, covenant running with the land or similar arrangement that will assure to HUD's satisfaction, compliance with the twenty-year term of commitment and a lien against the property, in a form to be approved by HUD, to secure HUD's interest in the repayment of the grant. If the Recipient and/or subrecipient wishes to sell or otherwise dispose of the assisted real property, they must request and receive written approval from the Department to dispose of the real property, advertise that disposition conditions apply to the assisted property, and abide by any other terms or conditions prescribed by HUD in the approval letter. For projects involving acquisition, compliance with the recording requirement must be documented before release of any funds other than acquisition funds. For projects involving new construction or rehabilitation activities, compliance must be documented prior to the first release of federal funds. Evidence will be an original, executed document, in a form satisfactory to HUD, accompanied by a recording receipt. Upon completion of recordation, Recipient will provide HUD with an original, executed, recorded document. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of the Attachment A provisions, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or (b) issue a letter of waming advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for carrying out remedial actions; or .;:;~ ullo59 (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (f) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute Recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. Recipients of assistance for acquisition, rehabilitation, or new construction shall file a certification of continued use for supportive housing for each year of the 20-year period from the date of initial occupancy. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. The effective date of this Grant Agreement shall be the date of execution by HUD, except with prior written approval by HUD. SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary 0 ing and Urban Development By: Maria R. Ortiz-Hill Typed name of signatory ~~ {)vObO Community Plannina and Development Director Title RECIPIENT Collier County Board of County Commissioners Name of Organization ~;;,~~/ Authorized Signature and Date ~Y"a.V)~ ~ct \QS Typed name of signatory c.. ~Q.i riY\ClV\ Title By: I/~ 5/~01J1p Susan Golden (239) 213-2901 Fax (239) 213-2331 Official Contact Person and Telephone No. and Fax No. Approved a ciency sistant County Attorney lJNl. f I \ (\ "l't:fl'W u~r>' TTEST ."-'D"'",,,:. e..'., A .: ,-,- ...... . '-"'.'ii'i'.:' .', ~''''.', ',-~'" DWIGHT :E"~.VB~:! .!:.L,.E......,,_. ~.~.' . ~, . .....~'- 'k... ~ ...,..~.. ,.,.., , . . .'- . ,- .. ~ " . '~,' , .,'~< ~..~'0-. .. , n&I' 't:f~. ,..~ ..< DE!~~;yY ",reD~/~" A.........'.. -~.. .-~'fr;M.:. .~.'. .....n..:C .., ..... . .,1 s 1 Qn~ttl';li-:Q:' ~.~ '. >''' . 55 ''''1'.'"'0''0 <:I'" I ~ ~ *1' * ~ \ i ~""ItD~..,,-\,.ot U.S. Deparbnent of Housing and Urban Development Atlanta Region, Miami Field Office Brickell Plaza Federal Building 909 SE First Avenue, Rm. 500 Miami, FL 33131-3042 June14,2006 Susan Golden Collier County Financial Administration and Housing, Dept 2800 N. Horseshoe Drive, Suite 400 Naples, FL 34101 Dear Ms. Golden: SUBJECT: Transmittal of Grant Agreement Supportive Housing Program (SHP) Project Number: Ftt4BS~' Project Identifier Number: FL 14066 Congratulations on the final selection ofSiitt MitlU:1lWf$. KOtItle.for renewal grant funding under the Supportive Housing Program. All conditions attached to your award for this project have been met. This Two (2) year.award will continue to support your program previously funded by HUD in 2004, further contributing to our national effort to end homelessness. Upon execution of the Renewal Grant Agreement by you and HUD, HUD will obligate the total funds for this project in the amount of $291.610, allocated as follows: 1. Grant for operating $215.325 2. Grant for supportive services $62.400 3. Grant for leasing $-0- 4. Grant for HMIS $ -0- 5. Grant for administration $13.885 Enclosed are three copies of the Renewal Grant Agreement that constitutes the agreement between you and HUD. Please sign all three and return two-2 of them to this office within two weeks of receipt of this letter. HOO'. mission is to increIIse hOmeoWllenhip, support community developllU!1lt /IIId increose access to ajJordllble hou.lng free from discrimination. www.bud.gov espanoLbud.gov :;f ^ ^,., ~....... The following were provided to you and processed at the time of your most recent grant award: Grantee Financial Instructions, Direct Deposit sign-Up Form (SF-1199A), LOCCS Voice Response Security Access Authorization Form (HUD-27054), and SNAP's Request Voucher for Grant Payment (HUD-27053-A). If you need additional forms for any reason, please contact us. No funds can be disbursed to you until the Renewal Grant Agreement is fully executed. If you have any questions, please contact Ronald M. Muscarella Senior CPO Reoresentative. at (305) 536-4431 extension 2320. We look forward to working with you toward the successful continuation of your Supportive Housing Program project Sincerely,/.: / ( / / Mana R. IZ, Director Community Planning and Development Division @) \(tk~ ,. II, 2 RENEWAL GRANT AGREEMENT This Grant Agreement is made by and between the United States Department of Housing and Urban Development (HUD) and Collier County Board of County Commissioners. the Recipient, whose Tax 10 number is 59-6000558 for Project Number FL 14850-6002 Project Identifier Number FL 14066 to be located at 2001Airoort Road South. NaDIes. FL 34112. The assistance, which is the subject of this Grant Agreement, is authorized by the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Acf'). The term "granf or "grant funds. means the assistance provided under this Agreement. This grant agreement will be governed by the Act, the Supportive Housing rule codified at 24 CFR 583, which is attached hereto and made a part hereof as Attachment A, and the Notice of Funding Availabilily (NOFA) published March 21,2005 at 70 FR 13576 and 14273. The term "Application" means the original and renewal application submissions on the basis of which a Grant was approved by HUD, including the certifications and assurances and any information or documentation required to meet any grant award conditions. The Application is incorporated herein as part of this Agreement, however, in the event of conflict between the provisions of those documents and any provision contained herein, this Renewal Grant Agreement shall control. The Secretary agrees, subject to the terms of the Grant Agreement, to provide the grant funds in the amount specified below for the approved project described in the Application. Although this agreement will become effective only upon the execution hereof by both parties, the term of this agreement shall run from the end of the Recipient's final operating year under the original Grant Agreement for a period of two (2) Years. Eligible costs, as defined by the Act and Attachment A, incurred between the end of Recipient's final operating year under the original Grant Agreement and the execution of this Renewal Grant Agreement may be paid with funds from the first operating year of this Renewal Grant. . HUD's total fund obligation for this project is $291.610, allocated as follows: 1. Grant for Operating $215.325 2. Grant for Supportive Services $62.400 3. Grant for Leasing $-0- 4. HMIS $-0- 5. Grant for Administration $13.885 The Recipient must provide a 25 percent cash match for supportive services pursuant to HUO's FY 2005 Appropriations Act. BUD's misJiorI is to inaeDse 1umreDwnets1Iip, supptJrt COJfIIIfIIIJity development and bu:retJse access to qfftm/JlJJIe housIIIgftee from discriminatton. www.l1ud.gov espaDoLl1ud.gov ,rfAQ 6 4 '5~ The Recipient agrees to comply with all requirements of this Grant Agreement and to accept responsibility for such compliance by any entities to which it makes grant funds available. The Recipient agrees to participate in a local Homeless Management Information System (HMIS) when implemented. The Recipient and project sponsor, if any, will not knowingly allow illegal activities in any unit assisted with grant funds. HUD notifications to the Recipient shall be to the address of the Recipient as written above, unless HUD is otherwise advised in writing. Recipient notifications to HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. For any project funded by this grant that is also financed through the use of the Low Income Housing Tax Credit, the following applies: HUD recognizes that the Recipient or the project sponsor will or has financed this project through the use of the Low-Income Housing Tax Credit. The Recipient or project sponsor shall be the general partner of a limited partnership formed for that purpose. If grant funds were used for acquisition, rehabilitation or construction, then, throughout a period of twenty years from the date of initial occupancy or the initial service provision, the Recipient or project sponsor shall continue 'as general partner and shall ensure that the project is operated in accordance with the requirements of this Grant Agreement, the applicable regulations and statutes. Further, the said limited partnership shall own the project site throughout that twenty-year period. If grant funds were not used for acquisition, rehabilitation or new construction, then the period shall not be twenty years, but shall be for the term of the grant agreement and any renewal thereof. Failure to comply with the terms of this paragraph shall constitute a default under the Grant Agreement. A default shall consist of any use of grant funds for a purpose other than as authorized by this Grant Agreement, failure in the Recipient's duty to provide the supportive housing for the minimum term in accordance with the requirements of Attachment A, noncompliance with the Act or Attachment A provisions, any other material breach of the Grant Agreement, or misrepresentations in the application submissions which, if known by HUD, would have resulted in this grant not being provided. Upon due notice to the Recipient of the occurrence of any such default and the provision of a reasonable opportunity to respond, HUD may take one or more of the following actions: (a) direct the Recipient to submit progress schedules for completing approved activities; or '51 O()1)65 ^ (b) issue a letter of waming advising the Recipient of the default, establishing a date by which corrective actions must be completed and putting the Recipient on notice that more serious actions will be taken if the default is not corrected or is repeated; or (c) direct the Recipient to establish and maintain a management plan that assigns responsibilities for canying out remedial actions; or (d) direct the Recipient to suspend, discontinue or not incur costs for the affected activity; or (e) reduce or recapture the grant; or (e) direct the Recipient to reimburse the program accounts for costs inappropriately charged to the program; or (g) continue the grant with a substitute recipient of HUD's choosing; or (h) other appropriate action including, but not limited to, any remedial action legally available, such as affirmative litigation seeking declaratory judgment, specific performance, damages, temporary or permanent injunctions and any other available remedies. No delay or omission by HUD in exercising any right or remedy available to it under this Grant Agreement shall impair any such right or remedy or constitute a waiver or acquiescence in any Recipient default. For each operating year in which funding is received, the Recipient shall file annual certifications with HUD that the supportive housing has been provided in accordance with the requirements of the Grant Agreement. This Grant Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by HUD and the Recipient. More specifically, the Recipient shall not change recipients, location, services, or population to be served nor shift more than 10 percent of funds from one approved type of activity to another, or make any other significant change, without the prior written approval of HUD. ::;~ ~pC66 SIGNATURES This Grant Agreement is hereby executed as follows: UNITED STATES OF AMERICA Secretary of Housing and Urban Development By: /t; - /Y-cJ~ Maria R. Ortiz-HiD Typed name of signatory Director. CommunitY PlannillQ & DeveloDment Division Title RECIPIENT Collier County Board of County Commissioners Name of Organization By: ~ ~>--~jq ./ Authorized Signature and Date ~'("~X\ k \-k.\a ~ Typed name of signatory L "'-Q.; 'rV'l\a.~ Title 1~6)~OO~ Susan Golden (239) 213-2901 Fax (239) 403-2331 Official Contact Person and Telephone No. and Fax No sufficiency sistant County Attorney tJij~67 ~ . - !'-: <./. .IA-. '... ., . 2,' ,~uty "'!./f:", ',', f ~-'..' 1, ".J'\'Jt.~"7)'" ' A"ttt$.tu"-,to. ~t"III4n .' S 1 gn~t,ur.a . <t!\ \.{3' ;f'FCJ. ("~ ~q EXHIBIT E CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION 1. Enter the total homeless population from your last three years' of Continuum of Care Plans in the table below. This shall be the Total Homeless Population for individuals and persons in families with children, and shall include both sheltered and unsheltered. Year 2005 2006 2007 HUD Form (Attach forms) HUD 40076, CoC-1 HUD 40090-1, CoC-K HUD 40090-1, CoC-K Total Homeless Population (Persons) 553 513 484 2. Add theTotal Homeless for ALL three years 11,550 3. Divide the 3 Year Total Homeless by 3 to calculate an "Average Total Homeless Population, 2005-2007". Divide Total Number in line 2 above By 3 years to calculate 1.550 +3 Average Total Homeless Population, 2005-2007 I 517 10. Divide the Average Total Homeless Population, 2005-2007, by the population of the continuum's catchment area as reflected in Exhibit H, to calculate the ratio of your homeless population per 1000 persons in your area. 517 Average Total Homeless Population, 2005-2007 251.000 2000 Population of Your Catchment Area, Exhibit H = .0021 Ratio of Homeless per 1000 persons in catchment area Lead Agency Certification: I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is based upon a homeless population chart which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is true and accurate for the continuum's catchment area; and (3) is derived in accordance with the federal grant instructions. Name of Lead Agency: Collier Countv Housina & Human Services Name of Lead Agency Certifying Official: Ja . Mudd, County Ma~ger ~ ./ Y ~ Signature of Certifying Official: Date Signed: June 29. 2007 FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA. Attach your 2005, 2006, and 2007 HUD Homeless Population Tables and the narrative/chart describing the methods used to estimate this need. Failure to include this table and narrative/chart shall be cause to score your continuums need ratio as zero homeless persons per 1000 population. 0006f> lt20 (7) HOMELESS NEED The Collier County Hunger & Homeless Coalition and the CoC continue to provide an annual homeless count in conjunction with State and Federal efforts. The Coalition and CoC have conducted an annual count for more than five (5) consecutive years. The Naples/Collier CoC does not estimate or extrapolate homeless count data. All information provided is as a result of an annual point in time survey. The required Exhibit E was completed using the formula and format provided. In addition, the specific pages from the 2005, 2006 and 2007 CoC Exhibit 1 reflect the exact information obtained during each of the point in time surveys. O:t)Wb9 ,,'., tot Exhibit 1: Continuum of Care Participation in Energy Star Chart Facilities are also encouraged to promote energy efficiency, and are specifically encouraged to purchase and use Energy Star labeled products. Please check all that apply: Are you aware of the Energy Star Initiative? XXOYes ONo Have you notified CoC members of this initiative? XX~Yes 0 No Percentage of CoC projects on Priority Chart to use Energy Star appliances: 33% Form HUD 40076 CoC-H page I Exhibit 1: Continuum of Care Homeless Population and Subpopulations Chart Part 1: Homeless Pooulation Sheltered Unsheltered Total Emerl!encv Transitional Examole: 75 (A) 125 (A) 105 (N) 305 1. Homeless Individuals 103 (N) 38 (N) 308 (N) 449 2. Homeless Families with 31 (N) 25 (N) 0 56 Children 2a. Persons in Homeless 45 (N) 59 (N) 0 104 Families with Children 148 97 308 553 Total (lines 1 + 2a only) Part 2: Homeless Sheltered Unsheltered Total Subpopulations I. Chronically Homeless 44 eN) 65 (S) 109 2. Severely Mentally III 22 (N) * 3. Chronic Substance Abuse 29 (N) * 4. Veterans 41 (N) * 5. Persons with HIV/AIDS 2 eN) * 6. Victims of Domestic Violence 35 (N) * 7. Youth (Under 18 vears of age) 62 (N) * *Optional for Unsheltered Form HUD 40076 CoC-I page I C--0c.- \ ~ caS Collier County 2005 Continuum of Care Exhibit 1 f1(.n~'1l \o~ ~ Naples/Collier County Continuum of Care ~ Homeless Population and Subpopulations K: oC Point-in- Time Homeless Population and Subpopulations Chart omplete the following chart based on the most recent point-in-time count conducted. Part I and Part 2 must be completed using statistically reliable, unduplicated counts or estimates of homeless persons in sheltered and unsheltered locations at a one-day point in time. Indicate date of last poirit-in-time count: 01/28/2006 (mmldd/yyyy) Part 1: Homeless Population Sheltered U nsheltered Total Emer!!encv T"ransitiona Number of Families with Children 19 19 N/A 38 (Family Households): I. Number of Persons in Families with 52 35 29 116 Children: 2. Number of Single Individuals and Persons in Households without 157 33 207 397 Children: (Add Lines Numbered 1 &2) Total 209 68 236 513 Persons: ~ ~ ..:~~......... :;.- _ __. ____ ~_ .~. _~ _0__ _ :... __'-'_~_::... ..___~' '__~_'_~_J__ _ __._~_-.: ~ '_:-2";~~.::..':'" Part 2: Homeless Subpopulations Sheltered Unsheltered Total , a. Chronically Homeless' (For sheltered, list persons in emergency 15 58 73 shelter only) b. Severely Mentally Ill; 8 11 19 c. Chronic Substance Abuse 15 24 39 d. Veterans , 15 38 53 e. Persons with HIV/AIDS 0 0 0 f. Victims of Domestic Violence 37 N/A 37 g. Unaccompanied Youth (Under 18) N/A N/A .. , ~ - " , ,. - -- - . - -- - - - - _ ~ ~ L_ _~ -. - - - - '-- -- .~ ~- - - - -'-~-~ --~ If applicable, complete the following section to the extent that the information is available. Be sure to indicate the source of the information by checking the appropriate box: Data Source: 0 Point-in-time count OR I:8J Estimate . Part 3: Hurricane Katrina Evacuees Sheltered U nsheltered Total Total nurnber of Katrina evacuees 40 0 40 Ofthis total, enter the number of evacuees N/A N/A N/A homeless orior to Katrina 'OptiOnal for Unsheltered COUoiJ form HUD-40090-1 13 trf.O~ij1 1 .~ ~ Homeless Population and Subpopulations ( ~oC Point-in- Time Homeless Population and Subpopulations Chart Indicate date oflast point-in-time count: (01/26/2007) Part 1: Homeless Sheltered Po ulation Emer enc Transitional U nsheltere d Total 1. Number of Households with Dependent Children: la. Total Number of Persons in these Households (adults and children) 2. Number of Households without Dependent Children** 2a. Total Nurnber of Persons in these Households Total Persons (Add Lines la and 2a): Part 2: Homeless Subpopulations below) a. Chronically Homeless b. Severely Mentally III c. Chronic Substance Abuse d. Veterans e. Persons with HIV / AIDS f. Victims of Domestic Violence g. Unaccompanied Youth (Under 18) 9 21 2 32 34 62 5 101 132 41 109 282 166 103 114 383 200 165 119 484 Sheltered Unsheltere Total d 0 50 50 6 6 12 29 12 41 0 28 28 0 I I 0 * 0 0 * 0 *Optional for unsheltered homeless subpopulations ** Includes single individuals, unaccompanied youth, and other adults (such as a married couple without children) ***For "sheltered" chronically homeless subpopulations, list persons in emergency shelter only. @ OClvn Form HUD-40090-1 14 Collier County, Florida 2007 Continuum of Care Exhibit I .-,"Z- (8) ABILITY TO COMPLETE ACTIVITIES: #1 Collier County Hunger and Homeless CoalitionnHMIS/INCCC has successfully completed a number of Community Development Block Grant (CDBG) agreements and Continuum of Care/SHP contracts. Over the past four years the Coalition and INCCC Steering Committee have gone through numerous growing pains and have progressed from an initial core group of six agencies to ten participating organizations with more waiting in the wings. They have successfully overcome numerous obstacles with the initial software provider and have been honored by HUD as a 2006 HMIS Breakthrough Year Award recipient. #2 Shelter for Abused Women and Children (SA WCC) is highly capable of completing the defined activities before the end of June 2008. The Shelter has 40 emergency shelter beds and 20 beds designated for transitional living. This project could be implemented immediately, as case management is a permanent service at SA WCC. SA WCC estimates serving approximately eleven (II) homeless women will receive case management and support services per Quarter of the grant period. It is estimated that approximately 46 homeless women will receive assistance over the course of the grant period. Victims of domestic violence with children will have their children assigned to a case manager skilled and trained to work specifically with child victims. Furthermore, Shelter staff has a history of demonstrating their ability to handle and oversee complex projects and to be fiscally responsible for distributing grant funding. The shelter has completed an expansion of its support groups and children's programs. The Shelter has increased its support programs from only a few counseling groups per week to now providing 21 support groups. The English and Spanish speaking groups also include women of color, gay and lesbian relationships, and creative counseling which are offered in Naples and Immokalee for women and children. The Shelter has recently created a new Elder Abuse Response program and a Women of Means DV program. Shelter staff also facilitates its "Hands are for Helping, Not for Hitting" program to almost every public elementary school in Collier County. The Shelter has also been the recipient of the prestigious Harvey B. Kapnick Award for the Community Foundation of Collier County which recognizes high quality programs targeting underserved populations and sound financial practices, among other distinct characteristics that improve the quality oflife for those residing in Collier County. #3. St. Matthews House is also very capable of completing their activity by June 2008. They have received a written commitment from a local church, Trinity by the Cove, for $14,000 to assist with the purchase of a passenger van. (Documentation is included) Upon ordering the passenger van, it is anticipated that delivery will occur within eight weeks. This will then provide the staff of St. Matthew's House at least six (6) to nine (9) months to improve, expand and document their ability to transport homeless residents to a wide range of appointments. In all likelihood, the requested Challenge grant funds would be expended by December 2007. The transportation needs of hundreds of homeless can be addressed by late 2007 or early 2008. O(}C:':3 b~ Performance Measures Performance Measures #1: The Coalition's HMIS program will successfully complete their request during the grant period by continuing to provide ongoing training and technical assistance to the ten (10) agencies who are currently member organizations. Challenge funds will be used to support and improve ongoing HMIS activity and expand the coordination and case management with the addition of new agencies. Performance measurements will include utilizing data collected to prepare reports on the number of services provided by participating agencies; monthly data quality measures will be performed to determine User Group training needs; and two new agencies will be identified for participation in HMIS/INCCC. Performance Measures #2: The Shelter will measure the successful completion of the proposed activity by the number of homeless women and children who are served by the case managers. Over the period of the grant, it is estimated that 46 homeless women will served by the Advocate/Counselor case management positions. In addition, the Advocate/Counselor positions can also provide performance measurement based on the number of women who apply and receive mainstream resources during the grant term. Shelter staff will work closely with the program participants initially to help assess their needs and then to ensure their ongoing access to Shelter and community services to help them achieve independence and self sufficiency. Every program participant is assessed for eligibility and need for all programs offered by mainstream benefit providers. The shelter will also measure outcomes by participant satisfaction surveys, as well as pre and post tests administered by the Shelter Advocate/Counselors. Once residents leave the Shelter, women and children will be encouraged to continue receiving counseling and attending weekly support groups. Shelter staff is also able to assess their progress at that time. Performance Measures: St. Matthew's House performance measure will be based on the number of homeless client rides provided and the types of services received including medial appointments, job interviews, job placement, support meetings and emergency transportation needs. St. Matthew's House anticipates that 700 individuals will be assisted with transportation services during the grant period. St. Matthew's House serves 120 individuals and families with shelter at their main campus and an additional 54 beds at their transitional and permanent supportive housing site. Acquiring a new vehicle will ensure that residents have the ability to get outside services and support they need to regain health and recover from homelessness. OOQ71 ~~ .; ~{ AGREEMENT BETWEEN COLLIER COUNTY, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLI4B40-6003(RENEW AL ofEXP ANSION) THIS AGREEMENT, is entered into this ljf10 day of ;T;. l'It.H2.ry 20!2:Z by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," apd . Collier County Hunger and Homeless Coalition, Inc. a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBllliCIPIENT." WHEREAS, Collier County has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective, May 24, 2005, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Dedicated Homeless Management Information System (HMIS), pursuant to the McKinney-Vento Homeless Assistance Act section 423(b) and (c), ~ 42USC 11383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction. (hereinafter "the ACT"); and WHEREAS, Pursuant to the aforesaid application CCHHC is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at-risk-ofhomelessness; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the HUD Grant terms, and CCHHC desire to provide the activities specified in the HUD Grant application with the following exceptions: WHEREAS, HGS 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 coc HMIS 2006-2007 Renewal of Expansion Page I of 15 00015 WHEREAS, HGS desires to engage the SUBRECIPIENT to implement such undertakings of the Homeless Management Information System Program as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: A. DEFINITIONS DEFINITIONS AND PURPOSE (I) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HGS" means the Housing and Grants Section of the Operations Support and Housing Department, and where applicable, its authorized representative(s). (3) "HGS" Approval" means the written approval of the HGS Section or its designee. (4) "CCHHC" means the Collier County Hunger & Homeless Coalition, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A". (8) "SHP" means Supportive Housing Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE TWO of this Agreement. 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. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HGS, 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 CoC HMIS 2006-2007 Renewal of Expansion Page 2 of 15 OM7fl 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 HUD under Grant No. FLl4B30-6003. 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 SUB RECIPIENT prior to April 30, 2008. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be paid by HGS for allowable costs as specified in the grant contract with HUD, in an amount not to exceed $104.645.00 (ONE HUNDRED FOUR THOUSAND SIX HUNDRED FORTY FIVE DOLLARS) for the services described in Exhibit "A." of which, $99.662.00 (NINETY NINE THOUSAND SIX HUNDRED SIXTY TWO DOLLARS) will go to the Collier County Hunger and Homeless Coalition with $2.492.00 (TWO THOUSAND FOUR HUNDRED NINETY TWO DOLLARS) of the original amount to be retained for CCHHC grant administration. The amount of $2.491.00 (TWO THOUSAND FOUR HUNDRED NINETY ONE DOLLARS) to be retained by Collier County for grant administration, for a total of $104,645.00. 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. ARTICLE FIVE: PAYMENTS/NOTICES A. Invoices that have been approved by the SUBRECIPIENT reimbursed to subrecipient by HGS. Payments will be limited to items in Exhibit"A". Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notifY HGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HGS or designee within forty-five (45) days of said official notification. B. The SUBRECIPIENT shall submit payment requests to HGS 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/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 HGS 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. CoC HMIS 2006-2007 Renewal of Expansion Page 3 of 15 o 0.0 ~!7 3. Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee, payment shall be made by HGS. All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) ofthis Agreement. C. All disbursements by the SUBRECIPIENT must be fully documented to HGS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. D. The SUBRECIPIENT shall render a final and complete statement to HGS of all costs and charges for services not previously invoiced. HGS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after April 30, 2008. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUB RECIPIENT shall permit HUD or HGS personnel or representatives to monitor the services, which are the subject of this grant. During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, I. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 2. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 3. Age Discrimination Act of 1973 4. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 5. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeitufe of compensation by force. 6. Florida Statutes, Chapter 112 - which deals with conflict of interest. 7. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. CoC HMIS 2006-2007 Renewal of EKpansion Page 4 of 15 000:'8 8. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 9. OMB Circular A-133 - concerning annual audits. 10.0MB Circular A-122 - which identifies cost principles. 11. 824 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 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 as the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HGS Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records. accounts, property records, and personnel records, as are deemed necessary by HGS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HGS 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. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. CoC HMIS 2006-2007 Renewal of Expansion Page 5 of 15 fJ 11Il '1.14 C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of HMIS activities and funds. All audits covering the use of HMIS funds shall be provided to the HGS 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 HGS Coordinator or HUD, may deem necessary. HGS 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 HGS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HGS with monthly status reports no later than the loth 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. CCHHC will be required to submit its Annual Performance Report (APR) to HGS by July 1st of each year thru. 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. HGS 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 HGS, the County, or HUD at any time. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HGS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-l33 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The CaC HMIS 2006-2007 Renewal of Expansian Page 6 of 15 Ooi)~(l SUBRECIPIENT shall provide such audit to HGS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-l33 (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-l33. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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. ARTICLE ELEVEN: CONTRACT LIABILITY HGS shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assigrunent of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between HGS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to HGS hereunder. ARTICLE TWELVE: 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 THIRTEEN: 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 HMIS 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 HMIS assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an HMIS assisted activity or with respect to the proceed of the HMIS assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE FOURTEEN: 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 coe HMIS 2006-2007 Renewal of Expansion Page 7 of 15 OCQJ;l otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FIFTEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnifY and hold harmless the COUNTY, its officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fmes, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the CCHHC to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the CCHHC under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value of the improvements with a loss payable clause in favor of CCHHC, HUD and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. 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. 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. TERMINATION DUE TO CESSATION In the event the grant to the County under Title [ 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 coe HMIS 2006-2007 Renewal of Expansion Page 8 of 15 O(W,~'1.. The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of HMIS grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HGS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this agreement. The SUBRECIPIENT at its expense, must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit ofliability 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 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Emplovees. and Agents. c/o Department of Operational Support and Housing". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notifY due to cancellation or non-renewal of coverage shall be included on the certificate( s). ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of HGS. ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HGS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or HGS from any and all CoC HMIS 2006-2007 Renewal of Expansion Page 9 of 15 00.0.3" taxes, penalties, interest and professional fees associated with the collection of any sales tax under the HMIS grant. ARTICLE NINETEEN: NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent of HGS and HUD. ARTICLE TWENTY: 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. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this " -- f? day of \ h..1II va-... '1 ,20 07 (SUBRECIPIENT SEAL) COLLIER COUNTY HUNGER & HOMELESS COALITION BY: ~ FRED RICHARDS, EX CUTIVE DIRECTOR COLLIER COUNTY HUNGER & HOMELESS COALITION Ap leg BY: EPH K. SCH TT, ADMINIS RATOR, MMUNITY DEVELOPMENT~~ IRONMENT AL SERVICES'~ CaC HMIS 2006-2007 Renewal afExpansian Page 10 of15 r,I.n Olf EXIllBIT "A" SCOPE OF SERVICES COLLIER COUNTY HUNGER AND HOMELESS COALITION (RENEWAL OF EXPANSION HMIS) 1. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of this project is to support future participation and inclusion into the HMIS system to improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. The purpose of the CCHHC is to implement and fulfill HUD'S requirement of having a functional HMIS system by October ,2004. This system will allow Collier County agencies who service the public, easier access with each other on a day to day basis, and in turn provide more efficient service to the residents of Collier County. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the fmal arbiter on the SUBRECIPIENT's compliance with the above. On or before for request for reimbursement, the SUBRECIPIENT will provide HGS with a detailed line item budget and budget narrative indicating how the grant funds will be expended; and On or before first request for reimbursement, the SUBRECIPIENT will provide HGS with a timeline indicating all information pertaining to the system administrator and the purchasing of system soft and hardware. B. 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 surveyors, testing services, or others as deemed necessary for the nature of the project. C. BUDGET: Line Item: HMIS Funds $99,662.00 Other: $24,916.00 (MATCH) Purchase of equipment, including software, hardware, programming, training, technical assistance, salary for the HMIS system administrator, HMIS Space and Operational costs, personnel, and services. Grant Administration TOTAL Project Budget wIMatch $ 2.492.00 $102,154.00 $127,070.00 CoC HMIS 2006-2007 Renewal of Expansion Page 11 of 15 OQn8s *Match documentation must be submitted prior to submittal of first request for reimbursement. * Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HGS, on behalf of the COUNTY, as the Grantee, for HGS approval, in a form specified by HGS. 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 HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. F. WORK SCHEDULE: The time frame for comoletion of the outlined activities shall be: Purchase of equipment, including software, hardware, Programming, training, technical assistance, salary For the HMIS system administrator, HMIS space And Operational costs, personnel, and services. 50% of Funding Expended 100% of Funding Expended October 31, 2007 April 30, 2008 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HGS 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 HMIS 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 HGS approval of invoices, etc. for reimbursement. CCHHC will be required to submit its Annual Performance Report (APR) to HGS by July 1 st of each year thru the end of the grant. * APR report will be due to HGS by July I, 2008. * CoC HMIS 2006-2007 Renewal of Expansion Page 12 of 15 00086 ,/1 EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Subrecipient Address: Project Name: Collier Countv Hunger and Homeless Coalition 279 Airport Road South Naoles. FL 34104 Expansion of Renewal HMIS 2006-2007 Activity # Dollar A.mount Requested: $ SECTION II: STATUS OF FUNDS Project No: Payment Request # 1. Grant A.mount Awarded $ $ $102.154.00 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 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. 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) CoC HMIS 2006-2007 Renewal of Expansion Page 13 of 15 O~()~7 ~ 't EXHmIT "C" CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing and Grants Section staff by the 1 (jh of the following month. Status Report for Month of Submittal Date: Project Name: Expansion of Renewal HMIS 2006-2007 Project Number: Activity Number: Subrecipient: Collier County Hunger and Homeless Coalition Contact Person: Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 6. Progress on Completion of the Grant Activity (s): CoC HMIS 2006-2007 Renewal of Expansion Page 140fl5 () 8<l S 8 7. Progress on Completion of the Grant Activity (s): For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by April 30, 2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY April 30, 2008, 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 April 30, 2008 etc.). CoC HMIS 2006-2007 Renewal of Expansion Page 15 of 15 \l.ox~ S 9 'S AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. HOMELESS MANAGEMENT INFORMATION SYSTEM Catalog of Federal Domestic Assistance # 14.218 HUD Grant # B-06-UC-12-0016 THIS AGREEMENT, is entered into this jSf- day of ,~e.pf,..vn ht:"Y 20~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and the Collier County Hunger and Homeless Coalition, Inc., a private not-for-profit corporation existing under the taws ofthe State of Florida, having its principal address as 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBRECIPIENT." WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Community Development Block Grant Program in certain areas of Collier County, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit low and moderate income persons and neighborhoods and to alternatively use Community Development Block Grant (CDBG) funds for: slum or blight treatment or for an urgent community need; to improve the quality of life in Collier County by providing infrastructure improvements, public facilities, and other activities wh~ch are related to neighborhood/community improvements; to improve the condition of life for persons who require physical access or other services that meet their individual needs; and to provide for long range community improvements by assessing current conditions and planning long range improvement programs as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2006-2007 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9,2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the CDBG Program by Resolution on April 25, 2006, including the use of this standard form Agreement; and CDHO Colher County Hunger and Homeless Coahtion HMIS 2006/2007 Page I of20 o (;{l.'9 0 ~ WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the CDBG Program and the use of the CDBG funds for the activities identified in the Plan; and WHEREAS, the COUNTY and the SUB RECIPIENT desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, the COUNTY desires to engage the SUBRECIPIENT to implement such undertakings of the Community Development Block Grant (CDBG) Program as a 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: r. DEFINITIONS (I) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). "CDBG" means the Community Development Block Grant Program of Collier County. "HGS" means the Housing and Grants Section of the Operations Support and Housing Department of Collier County. "SUBRECIPIENT" means Collier County Hunger and Homeless Coalition, Inc. "HGS Approval" means the written approval of the Housing and Grants Section or designee. "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "Low and moderate income persons" means the definition set by HUD. "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HGS, 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. 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 HUD under Grant No. B-06-UC-12-0016. The effective date shall be the latest date of execution ofthis 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 prior to June 15,2007. Any funds not obligated by the expiration date' of this Agreement shall automatically revert to the COUNTY, as set forth in Part VIII F (e), and Part VIII H COHO CollIer County Hunger and Homeless CoalItIOn HM1S 2006/2007 Page 2 of20 {} O,OS' 1 , , IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $50,000.00 (FIFTY THOUSAND DOLLARS) for the services described in Exhibit "A_ M 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. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) ofthis Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Pa::rt 570 of the Housing and Urban Development regnlations concerning Community Development Block Grants (CDBG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HGS Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by HGS. No payments will be made until approved by the HGS Department or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notifY HGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the HGS or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and' made a part hereof. The SUB RECIPIENT further agrees to abide by all other applicable laws, CUBa Collier County Hunger and Homeless CoalitIOn HMlS 2006/2007 Page 3 of20 (j Of}J12 I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 11. 24 CFR Part 130 ~ Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 ofthe Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing. wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. CDSU Coll1er County Hunger and Homeless Coal1tlOn HMIS 2006/2007 pagetOOA~~ . > 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 _ which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 _ The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD _ required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. . This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this' Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HGS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth COHU Collier County Hunger and Homeless CoalitIOn HM1S 200612007 Page 5 of20 frGO 9 4 in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimurn standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justifY the "Fixed Fee Contract." Reimbursements for such services will be made at SUB RECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HGS Department or his designee. D. AMENDMENTS The COUNTY may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD gnidelines, 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. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnify and hold the COUNTY, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the COUNTY harmless and will indemnifY the COUNTY for funds, which the COUNTY is obligated to refund the Federal Government arising out ofthe conduct of activities and administration of SUB RECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HGS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HGS's support for all activities made possible with funds made available under this Agreement. . G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, . data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HGS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any CUtlG Collier County Hunger and Homeless Coalltlon HMIS 2006/2007 Page 6 of20 (jM fi 5 breach ofthe Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations URder 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. 3. TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General 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. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The S UBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes 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 10 years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED CDHU Collier County Hunger and Homeless Coal1tlOn HM1S 2006/2007 Page 7 of20 II" ,.,I'^,^ #'t . 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. Emolovees. and Agents. c/o Housing and Grants Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUB RECIPIENT 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). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the COUNTY, by and through its purchasing or Risk Management Department, in cooperation with the Department of Financial Administration and Housing, reserves the right to periodically review, modifY, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The COUNTY reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 1. INDEPENDENT AGENT AND EMPLOYEES The 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. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD - KEEPING I. The SUB RECIPIENT shall maintain all records required by Ihe CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose. of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HGS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HGS if requested. In any event the SUBRECIPIENT CUHU Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 80f20 fJ<ftO 9 ? shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation ofHUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to HGS using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis- Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUB RECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS 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. E. ADDITIONAL FAH. COUNTY. AND HUD REOUIREMENTS HGS 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 HGS, the COUNTY, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the HGS or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $5,000 or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and CUHU Coll1er County Hunger and Homeless Coal1tton HMIS 2006/2007 Page 9 (}~~ fJ 8 (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out ofCDBG funds. whether for merit or cost of living. G. AUDITS AND lNSPECTIONS At any time during normal business hours and as often as HGS, the COUNTY, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the COUNTY, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this 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-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-B3 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HGS. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited [mancial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-B3 (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-B3. The COUNTY will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the COUNTY. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to HGS. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to HGS, and said plan shall require the prior written approval of the HGS Department or designee. Accounting and disbursement of such income shall comply with OMB Circular A-II 0 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the COUNTY no. later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. CUHU Co Iller County Hunger and Homeless CoalitIOn HMIS 2006/2007 Page 10 of20 r.....t\An . 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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. IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUB RECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES [n the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by the COUNTY in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51 %) of the beneficiaries of a project funded through this Agreement must be low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to HGS upon HGS's request. . D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that HGS will carry out periodic monitoring and evaluation COHO Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page II of20 f,r-Jol) activities as determined necessary by HGS or the COUNTY and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to HGS, the COUNTY or the COUNTY's designees and make copies or transcriptions of such records and information, as is determined necessary by HGS or the COUNTY. The SUBRECIPIENT shall, upon the request of HGS, submit information and status reports required by HGS, the COUNTY or HUD on forms approved by HGS to enable HGS to evaluate said progress and to allow for completion of reports required of HGS by HUD. The SUBRECIPIENT shall allow HGS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HGS or HUD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUB RECIPIENT or its employees shall be disclosed in writing to HGS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximurn opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). G. DRUG-FREE WORKPLACE REOUIREMENTS The SUB RECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 V.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress., or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, COSO CollIer County Hunger and Homeless CoalltlOn HMIS 2006/2007 Page 12 of20 (j.iH C t amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of [970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUB RECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of $25,000, must adhere to the CDBG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance ofthe Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be .. obtained from FEMA' which would satisfy this requirement and/or reduce the cost of said flood insurance. C[)l~G Collier County Hunger and Homeless CoalitIOn HMIS 2006/2007 Page 13 of20 ,;r.". .... '.( .) .vl\ J~~ <&- ..., C. LEAD-BASED PAINT 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 Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead- based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 D.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS 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. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non-expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds in excess of Twenty-five Thousand Dollars ($25,000) will be covered by the regulations 24 CFR Part 570.503(8)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty (20) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and CDHO Collier County Hunger and Homeless CoahtlOn HMIS 2006/2007 Page 14 of20 {}~1 03 such counterparts will constitute one and the same instrument. XV. 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. sl- b WITNESS our Hands and Seals on this } day of /)'e.ph-J'Y\ t:r, 20 D G (SUBRECIPIENT SEAL) COLLIER COUNTY HUNGER & HOMELESS COALITION BY: ~, FRED tic~ CUTIVE DIRECTOR COLLIER COUNTY HUNGER AND HOMELESS COALITION s to form and COLLIER COUNTY, FLORIDA BY: J SEPH K. SCHMITT, ADMINISTRATOR, OMMUNITY DEVELOPMENT ~r, NVIRONMENTAL SERVICES y1(-- KIatzkow an County Attorney COBO Collier County Hunger and Homeless CoalitIOn HMIS 2006/2007 Page 15 of20 . ' 0\\ 'li~ t \.J i1 EXHIBIT "A" SCOPE OF SERVICES COLLIER COUNTY HUNGER AND HOMELESS COALITION. INC. HOMELESS MANAGEMENT INFORMATION SYSTEM 1. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Homeless Management Information System (HMIS) will benefit the homeless and at-risk of homelessness population in Collier County; and provide participating agencies improved data collection methods, The scope of this project will include being able to provide a computer network, which will provide statistical data, to agencies and funding sources. One of the goals is to improve the coordination and achieve non duplication of identical services to the homeless and working poor in our community. This is a fulfillment of a HUD mandated requirement to implement and maintain an HMIS system by 2004. This will allow Collier County to continue to be eligible to receive HUD Continuum of Care funding. A minimum of two (2) new agencies must be added to the network for expansion, B. 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 surveyors, testing services, or others as deemed necessary for the nature of the project. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. BUDGET: Line Item: CDBG Funds Other Purchase of software, hardware, $50.000 training, technical assistance, office space, operational costs, and fees for the HMIS system administrator $251,885.50 Total $301,885.50 *Match documentation must be submitted prior to the first request for reimbursement* *It will be the responsibility of the Coalition to create and maintain an inventory of all hardware/software purchased for any participating agencies of the Coalition. These items must be tagged, and a master list must be maintained by the Coalition. HGS reserves the right to monitor these agencies at anytime* CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 16 of20 {jrvp~5 . * Any items purchased will be obtained with a minimum of three bids, the lowest responsible bid will be accepted, and all bidding procedures will be documented. * Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to HGS, on behalf of the COUNTY, as the Grantee, for HGS approval, in a form specified by HGS. D. STAFFING: Provide list of staff directly responsible for reporting and request for payment processing. E. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: 50% of CDBG 2006-2007 funds expended by 100% of CDBG 2006-2007 funds expended January, 2007 June 15,2007 F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with CDBG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be on Exhibit C. The progress reports shall be used as an additional basis for HGS approval of invoices, etc. for reimbursement. CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 17 of20 {j f'J.1 ri ri . , EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition Subrecipient Address: 279 Airport Road South. Naples FL 34104 Project Name: HMIS 2006-2007 Project No: Activity # Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $ 50,000.00 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 ifunder $15,000.00) CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 18 of20 (J P. '1-~ "{ '.. " EXHIBIT "C" COLLIER COUNTY HUNGER AND HOMELESS COALITION MONTHLY PROGRESS REPORT Complete form for past month and submit to HGS staff by the J{fh of the following month. Status Report for Month of Submittal Date: Project Name Homeless Management Information Svstem CDBG 2006-2007 Project Number CD 06-09 Activity Number 237 Subrecipient: Collier Countv Hunger and Homeless Coalition Contact Person Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Progress on Completion of the Grant Activity (s): CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 19 of20 0(" ',8 Ill''*'" . " ~ For each ftmded activity, provide a concise written narrative that compares work accomplished to date versus pIarmed 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 15, 2007. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY June 15, 2007, 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, etc.). CDBG Collier County Hunger and Homeless Coalition HMIS 2006/2007 Page 20 of 20 it. Of:!t9 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN Catalog of Federal Domestic Assistance # 14.23 I HUD Grant # S-06-UC-12-0024 THIS AGREEMENT, is entered into this ,.Q.J"dday of _)'-~{j( d 2og; by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and the "SHELTER FOR ABUSED WOMEN & CHILDREN," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. BOX 10102 NAPLES, FLORIDA 34101, and its Federal Tax Identification number as 59-2752895, hereinafter referred to as "SUBRECIPlENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emergency Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development (herinafter called "HUD") as provided by the Stewart B. McKinney Act (as amended P.L. 100- 77 herinafter called "ACT"); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Naples with the use of Emergency Shelter Grant (ESG) funds; to improve the quality of life in Collier County by providing assistance for emergency-transitional shelter clients at-risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2006-2007 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9,2001; and WHEREAS, The Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the ESG Program by Resolution Number 2006-157 on April 25, 2006, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2006-2007 for the ESG Program SHELTER FOR ABUSED WOMEN & CHILDREN Page 1 of27 00 L 0 iO and the use of the ESG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "SHELTER FOR ABUSED WOMEN & CHILDREN" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "SHELTER FOR ABUSED WOMEN & CHILDREN" to implement such undertakings of the Emergency Shelter Grant Program (ESG) 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: I. DEFINITIONS (1) "County" means Collier County, and where applicable, it's authorized representative(s). (2) "ESG" means the Emergency Shelter Grant Program of Collier County. (3) "HOUSING AND GRANTS SECTION" means the Housing and Grants Section of Collier County. (4) "SUBREClPIENT" means "SHELTER FOR ABUSED WOMEN & CHILDREN with the legal name of SA WCC, INC." (5) "HOUSING AND GRANTS SECTION Approval" means the written approval of the OPERATION SUPPORT AND HOUSING DEPARTMENT or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUBRECIPlENT shall, in a satisfactory and proper manner, as determined by HOUSING AND GRANTS SECTION, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "8" along with Exhibit "C," all of which are attached hereto and made a part hereof. Ill. 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 HUD under Grant No. S-04-UC-12-0024. The SHELTER FOR ABUSED WOMEN & CHILDREN Page 2 of27 .Jc'.l: 1 ,,/'ll'f ~ 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 prior to December 3 I, 2007. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part VIII F (e), and Part VIII H below. N. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $96,494 NINETY SIX THOUSAND FOUR HUNDRED NINETY FOUR DOLLARS for the services described in Exhibit "A." 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. V. NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to the Housing and Grants Section at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. VI. SPECIAL CONDITIONS The SUB RECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants Section's Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by Housing and Grants Section No payments will be made until approved by the Housing and Grants Section or desiguee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify the Housing and Grants Section in writing within thirty (30) SHELTER FOR ABUSED WOMEN & CHILDREN Page 3 of27 r.1:1'>} u~;-.. ,', tiJ days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order Il063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 I I. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act SHELTER FOR ABUSED WOMEN & CHILDREN Page 4 of27 ()(rU3 14. Lead Based Paint Poisoning Preventive Act 15. Section 504 of the Rehabilitation Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and Sa - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 4010, which describes the Davis-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. SHELTER FOR ABUSED WOMEN & CHILDREN Page 5 of27 {j.~,'4 ,L;<;- "l.IJ 29. 24 CFR Part 84 - OMB Circular A-I 10 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations: 30. 24 CFR Part 85- OMB Circular A-102 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. C. SUBCONTRACTS Any work or services subcontracted by the SUB RECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justifY the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPlENT shall protect, defend, reimburse, indemnify and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or SHELTER FOR ABUSED WOMEN & CHILDREN Page 6 of27 OM';.5 applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnifY the County for funds, which the County is obligated to refund the Federal Government arising out 'of the conduct of activities and administration of SUBRECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by the Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize the Housing and Grants Section support for all activities made possible with funds made available under this Agreement. G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUB RECIPIENT with funds under this Agreement shall be retumed to the Housing and Grants Section or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 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 oftermination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE SHELTER FOR ABUSED WOMEN & CHILDREN Page 7 of27 /).,r'l . I. t1'l. .... .:. ..... The SUBRECIPlENT agrees this coverage shall be provided on a primary basis. .1. COMMERCIAL GENERAL LIABILITY The SUBRECIPlENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes 9 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPlENT agrees this coverage shall be provided on a primary basis. 2. 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 9 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes 9 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibIes not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibIes, self-insured retention or uncovered losses. The SUBRECIPlENT agrees this coverage shall be provided on a primary basis. 3. ADDITIONAL INSURED The SUBRECIPlENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Operational Support and Housing Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. CERTIFICATE OF INSURANCE The SUBRECIPlENT 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). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section reserves the SHELTER FOR ABUSED WOMEN & CHILDREN Page 8 of27 -(}n!;7 right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. 1. INDEPENDENT AGENT AND EMPLOYEES The 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. VIII. ADMINISTRATIVE REOUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -I 10 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD-KEEPING I. The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Department if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall SHELTER FOR ABUSED WOMEN & CHILDREN Page 9 of27 0" 1 : 8 ,(J' __ maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS 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. E. ADDITIONAL HOUSING AND GRANTS SECTION. COUNTY, AND HUD REOUIREMENTS The Housing and Grants Section 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 the Housing and Grants Section, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of $1 ,000 or more; (c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (e) All rates of pay and pay increases paid out ofESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. SHELTER FOR ABUSED WOMEN & CHILDREN Page 10 of27 IQ.f: 1 . 9 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 SUB RECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-II0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-I33 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the Housing and Grants Section. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUB RECIPIENT. 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-I33. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income eamed by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of cornmodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. 1. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not limited to; making final payments, disposing of program assets (including the retum of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the SHELTER FOR ABUSED WOMEN & CHILDREN Page II of27 f": 1',1' 0 { 2 J..Il. .. ,-.' COUNTY), and determining the custodianship of records. IX. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (5 I %) of the beneficiaries of a project funded through this Agreement must be Iow- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon the Housing and Grants Section's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by the Housing and Grant Section or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and SHELTER FOR ABUSED WOMEN & CHILDREN Page 12 of27 on L21 output measures. The SUBRECIPIENT agrees to fumish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such-records and information, as is determined necessary by Housing and Grants Section or the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by the Housing and Grants Section, the County or HUD on forms approved by the Housing and Grants Section to enable the Housing and Grants Section to evaluate said progress and to allow for completion of reports required of the Housing and Grants Section by HUD. The SUB RECIPIENT shall allow the Housing and Grants Section or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. E. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or arty parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents ofthe project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). G. DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the SHELTER FOR ABUSED WOMEN & CHILDREN Page 13 of27 (Jr. 1 ".) t. .. ~.... fW 1'2 J entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPlENTS shall certify and disclose accordingly. 1. REAL PROPERTY Any real property acquired by the SUBRECIPlENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the ESG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPlENT control, which is acquired or improved in whole or part with ESG funds must adhere to the ESG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.c. 1251, et seq., as amended, 13 18 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section I 14 and Section 308 (EP A) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. SHELTER FOR ABUSED WOMEN & CHILDREN Page 14 of27 r. "_.1 .) 3 \I t'~~ ,,;;" " C. LEAD-BASED PAINT 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 Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards ofIead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESER V AnON The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS 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. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPlENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use of ESG funds, and arty non-expendable personal property that was purchased with ESG funds. Any real property under SUBRECIPlENT control that was acquired or improved in whole or in part with ESG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). XIII. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.2000) specifies the limitations on ESG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an SHELTER FOR ABUSED WOMEN & CHILDREN Page 15 of27 II r~V'),l original, and such counterparts will constitute one and the same instrument. XV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this :J.J 'tay of ,.4.1)1 sri- . 20 nC, SHELTER FOR ABUSED WOMEN & CHILDREN (SUBRECIPIENT SEAL) Optional J BY: KA!T,friJ CATINO, CHIEF EXECUTIVE OFFICER SHm.:vt R FOR ABUSED WOMEN & CHILDREN . Jeffre Assis COLLIER COUNTY, FLORIDA BY: SHELTER FOR ABUSED WOMEN & CHILDREN Page 16 of27 0".1"'!: l. ~ .~i.) ,.., , EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMENT & CHILDREN 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 surveyors, testing services, or others as deemed necessary for the nature of the project. Funds will be used for security and maintenance. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursuant to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at-risk of becoming homeless. NOTE I: The SUBRECIPlENT shall submit its bid package and drawings/specifications to the Housing and Grants Department and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPlENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section's approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. NOTE 5: The SUBRECIPlENT shall submit documentation showing the match funds that will be provided along with ESG funds. The SUBRECIPIENT further agrees that the Housing and Grants Section in consultation with any parties the Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. SHELTER FOR ABUSED WOMEN & CHILDREN Page 17 of27 Or.1 "6 l.., l'... C. BUDGET: Line Item: . ESG Funds Other $96,494.00 $96,494.00 One Full-Time Security Guard, 100% Salary and benefits. $40,800.00 One Part-Time Security Guard, 100% Salary and Benefits. $33,600.00 One Full-Time Maintenance, Coordinator, 50% Salary and Benefits $l7,400.00 Utilities, insurartce, maintenance $ 4.694.00 TOTAL GRANT AMOUNT $96,494.00 + $96,494.00 Total Budget $192,988.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Housing and Grants Section, on behalf of the County, as the Grantee, for the Housing and Grants Section's approval, in a form specified by the Housing and Grants Section. 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. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REOUIREMENTS: The SUB RECIPIENT shall comply with the requirements of OMB Circular A-IIO (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in co~unction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements of the Davis-Bacon Act. 1. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in SHELTER FOR ABUSED WOMEN & CHILDREN Page 18 of27 Ie ".1;"1 \1\.. ,. r the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG funds. J. WORK SCHEDULE: The time frame for completion ofthe outlined activities shall be December 3 I, 2007. Fifty percent (50%) of the funding must be expended by July 31,2007 One hundred percent (100%) of the funding must b e expended by December 3 I, 2007 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Grants Sections. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the 10th of the following month. The progress reports shall be used as an additional basis for the Housing and Grants Section's approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 U.S.c. 276a-276a-5) do not apply to the ESG program. SHELTER FOR ABUSED WOMEN & CHILDREN Page 19 of27 GG,1,28 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CONSTRUCTION & SERVICES Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLl4B50-6001 THIS AGREEMENT, is entered into this /111:: dayof ~ 20~ by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the Shelter for Abused Women & Children, Inc., a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102 Naples, FL 34101, and its Federal Tax Identification number as 59-2752895, hereinafter referred to as "SUBRECIPIENT." WHEREAS, Collier County has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective, May 24, 2004, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of Housing and Grants Section and Supportive Services for SA WCC, Inc., pursuant to the McKinney-Vento Homeless Assistance Act section 423(b) and (c), ~ 42USC 1 I383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction and other eligible SHP activities. (hereinafter "the ACT"); and WHEREAS, Pursuant to the aforesaid application the SUBRECIPIENT is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at-risk-ofhomeIessness; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the HUD Grant terms, and SA WCC, Inc. desire to provide the activities specified in the May 2005 HUD Grant application; and WHEREAS, Collier County further agrees that it will use due diligence in supervising the SUBRECIPIENT Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 1 of30 ON 1:-9 to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, Collier County desires to engage the SUBRECIPIENT to implement such undertakings as New Construction, Operations and Supportive Services for the residents of SA WCC, Inc. as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: A. DEFINITIONS DEFINITIONS AND PURPOSE (I) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HGS" means the Housing and Grants Section of Collier County Operations Support and Housing Department (OSH), and where applicable, it's authorized representative(s). (3) "HGS" Approval" means the written approval of the Housing and Grants Section or its desigrtee (4) "Shelter for Abused Women & Children, Inc." and "SAWCC, Inc." means the Shelter for Abused Women & Children, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "SUBRECIPIENT" means Shelter for Abused Women & Children, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A". (8) "SHP" means Supportive Housing Program. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE TWO of this Agreement. One hundred percent (100%) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at-risk-of homeIessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper marmer, as determined by HGS, 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. . Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 2 of30 ()~ 13 0 ARTICLE THREE: 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 renewal project by HUD under Grant No. FLI4B50-600I. 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 undertaken by the SUBRECIPIENT during their operating year and completed prior to August 31, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: A. CONSIDERATION AND LIMITATION OF COSTS CoC FL 14850-6001 CoC Allocation CoC Allocation $226,266.00 SAWCC Construction Year One(11 $ 159,500.00 Operations TOTAL Year One (1) $ 240.00 Year Two (2) $ 19,811.00 Year Three (3) $ 22,117.00 Supportive Services TOTAL Year One(1) $ 4,608.00 Year Two (2) $ 4,608.00 Year Three (3) $ 4,608.00 Administration Services TOTAL Year One(l) $ 1,795.67 Year Two (2) $ 1,795.67 Year Three (3) $ 1.795.67 SAWCC Total $ 220,879.01 HOUSING ANG GRANTS SECTION Year One (1) $ 1,795.67 Year Two(2) $ 1,795.66 Year Three(3) $ 1.795.66 HOUSING AND GRANTS TOTAL $ 5,386.99 PROJECT TOTAL $ 226,266.00 B. Construction and contracting activities 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. ARTICLE FIVE: P AYMENTS/NOTICES Shelter for Abused Women & ChiIdren/2006 SlIP 3-Year Grant Page 3 of30 0,. 1 ')1 iff/d A. Invoices that have been approved by the SUBRECIPIENT shall be paid directly by HGS or, HGS shall reimburse the SUBRECIPIENT. In both cases, payment 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 HGS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HGS or designee within forty- five (45) days of said official notification. C. All notices required to be given under this Agreement Shall Be sufficient when delivered to the Housing and Grants Section at its office, presently located at 3050 N Horseshoe Drive, Suite 110, Naples, Florida 34101 and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement. D. The SUBRECIPIENT shall submit payment requests to HGS 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/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 HGS provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder. 2. For purposes of this section, originals or copies 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 Executive Director or Director of Finance and Business, payment shall be made by HGS. All notices required to be given under this Agreement shall be sufficient when delivered to HGS at its office, presently located at 3050 North Horseshoe Drive, Suite IIO, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. E. All disbursements by the SUBRECIPIENT must be fully documented to HGS 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 HGS of all costs and charges for services not previously invoiced. HGS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after August 31,2009 ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUBRECIPIENT shall permit HUD or HGS personnel or representatives to monitor the services, which are the subject of this grant. Shelter for Abused Women & Children/2006 SHP 3- Y ear Grant Page 4 of30 I'. ",'if" ') \I\".t ~I'" During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants Sections Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by the Housing and Grants Section. No payments will be made until approved by the Housing and Grants Section staff or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify Housing and Grants Section staff in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty-five (45) days of said official notification. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and illJD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Section or his designee. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. Shelter for Abused Women & Children/2006 SHP 3-Year Grant Page 5 of 30 C (: l;!3 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 ro. National Flood Insurance Act of 1968 11. 24 CFR Part 130 - Regulations that prohibit discrimination m employment m federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability ofthe Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act 14. Lead Based Paint Poisoning Preventive Act IS. Section 504 of the Rehabilit:dion Act of 1973 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form 40ro, which describes the Davis- Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. See attachment A-3. Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 6 of30 G ~Jl' 3.1 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order 11246 as amended by Executive Orders 11375 and 12086. 19. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. 21. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict of interest. 23. BUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 24. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570.502. 26.0MB Circular A-133 - concerning annual audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms from foreign countries with unfair trade practices. 29. 24 CFR Part 84 - OMS Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMS Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 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, as the entity that provided funds for the project. GRANTEE RECOGNITION Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 7 000 (J (~! :j ~; All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize Housing and Grants Section's support for all activities made possible with funds made available under this Agreement. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HGS Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MUUNTENANCEOFRECORDS 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 HGS 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: 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 and copies of warranties. 3. HGS 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. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with state purchasing requirements and with other state requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of SA WCC, Inc. Supportive Housing Program (SHP) activities and funds. All audits covering the use of Supportive Housing Program funds shall be provided to the HGS 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 fmdings 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 HGS Coordinator or HUD, may deem necessary. HGS 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 Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 8 000 o t'::I!3 ti 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 HGS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HGS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning with the SHP operating year and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. SA WCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. 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. HGS will notifY SA WCC, Inc. of any additional conditions that may be imposed by HGS, the County or HUD. HGS 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 HGS, the County, or HUD at any time. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HGS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HGS, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this 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-I22 (Cost Principles for Non-Profit Organizations), A-I33 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the County. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-I33 (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-I33. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 9 000 OJ!:: f 0) " (, -"- .J , GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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. ARTICLE ELEVEN: CONTRACT LIABILITY HGS shall not be responsible to any person, firm, or corporation (except the SUBRECIPIENT) for assignment of any aspects including providing goods or services to the SUBRECIPIENT in connection with the services it has agreed to perform hereunder, or for debts or claims accruing to such parties against the SUBRECIPIENT; and there is no contractual relationship, either express or implied, between HGS and any other person, firm, or corporation supplying any work, labor, services, goods or materials to the SUBRECIPIENT as a result of its services to HGS hereunder. ARTICLE TWELVE: 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 THIRTEEN: 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 Supportive Housing Program (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 SHP assisted activity, or have a fmanciaI interest in any contract, subcontract or agreement with respect to an SHP assisted activity or with respect to the proceed of the 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 FOURTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HOD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FIFfEEN: INDEMNIFICATION The SUBRECIPIENT and his Contractor shall pay on behalf of or indemnify and hold harmless the COUNTY, its officers, employees, agents, and volunteers from and against any and all claims, actions, damages, fees, fines, penalties, defense costs, suits or liabilities which may arise out of any act, neglect, omission or default of the SUBRECIPIENT or Contractor arising out of or in any way connected with the Shelter for Abused Women & Children/2006 SHP 3-Year Grant Page 10 of30 r;.t/1' ..~ (J SUBRECIPIENT'S or Contractor's (or officers, employees, agents, volunteers and subcontractors, if any) performance or failure to perform under the terms of this Contract. For Construction activities the following applies: In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises the Contractor sets forth in this Article is one dollar ($1.00) in hand paid by the SA WCC, Inc. to the Contractor, receipt thereof is here by acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the SA WCC, Inc. under the requirements of Section 725.06 Florida Statutes. This section of the contract will extend beyond the term of the contract. SUBRECIPIENT, at its sole expense, shall keep the improvements to the real property, which is the subject matter of this Agreement, including any expansion or renovation, insured against loss or damage by fire and extended coverage hazards. Insurance shall be provided in an amount equal to one hundred percent (100%) of the full replacement value of the improvements with a loss payable clause in favor of the County, HUD and SUBRECIPIENT, as their interests may appear. Should a sum of money become payable by virtue of any loss under such insurance, then the funds shall be applied to the repair or reconstruction of the existing improvements which have been damaged, unless the parties hereto mutually agree to another or different application of insurance proceeds realized. 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. 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. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent, through a site visit and by providing a copy of SHP grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HGS 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 sigrring of this agreement. The SUBRECIPIENT, at its expense, must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. The BUSINESS agrees this coverage shall be provided on a primary basis. Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 1 I of30 ('.... 1 .'9 u \:1t;l \) COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $ I 00,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibIes not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the COUNTY as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier Countv Board of Countv Commissioners. a Political Subdivision of the State of Florida. its Officers. EmpIovees. and Agents. c/o the Housing and Grants Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. CERTIFICATE OF INSURANCE The SUBRECIPIENT shall agree to deliver to the COUNTY a certificate(s) of insurance evidencing the required insurance is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the certificate(s). RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section, reserves the right to periodically review, modifY, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 12 of30 OCh40 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. ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent ofHGS. ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the trarlsfer of tangible personal property. HGS will provide a resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnifY and hold harmless the COUNTY and/or HGS from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SHP grant. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -102 (Grants and Cooperative Agreements with State and Local Governments) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate intemaI controls, and maintain necessary source documentation for all costs incurred. DOCUMENTATION AND RECORD-KEEPING I. The SUBRECIPIENT shall maintain all records required by the CDBG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Section if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly beneficiary reports to the Housing and Grants Section using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross- referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 13 of30 r: f.:I '1(1 compliance with federal purchasing requirements and with other federal requirements for grant implementation. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A- 102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. REPORTS. AUDITS. AND EVALUATIONS 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. ADDITIONAL HOUSING AND GRANTS SECTION. COUNTY. AND HUD REOUlREMENTS Housing and Grants Section 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 the Housing and Grants Section, the County, or HUD at any time. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPlENT pursuant to this Agreement; (b) All capital equipment expenditures of$I,OOO or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); (d) All change orders; and (e) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (f) All rates of pay and pay increases paid out ofCDBG funds, whether for merit or cost ofliving. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPlENT to the Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this 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. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 14 of30 r: '-.1 ' ' \J \.~.'..__ .;;:... hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMS Circular A-I02 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. GRANT CLOSEOUT PROCEDURES The SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing artd Community Development Act of 1968. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries ofa project funded through this Agreement must be Iow- Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page IS 000 0",1 .. '{ \'I"/~ v and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance to the Housing and Grants Section upon Housing and Grants request. EV ALUATlON AND MONITORING The SUBRECIPIENT agrees that the Housing and Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by Housing and Grants Section or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Grants Section, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Grants Section or the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by Housing and Grants Section the County or HUD on forms approved by Housing and Grants Section to enable Housing and Grants Section to evaluate said progress and to allow for completion of reports required of Housing and Grants Section by HUD. The SUBRECIPIENT shall allow Housing and Grants Section staff or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HUD. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing and Grants Section provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3)(a). DRUG-FREE WORKPLACE REOUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 16 of30 fi f, 1vI.di..l workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to_any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SUBREClPIENTS shall certify and disclose accordingly. REAL PROPERTY Any real property acquired by the SUBREClPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the CDBG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBREClPIENT control, which is acquired or improved in whole or part with CDBG funds, must adhere to the CDBG Regulations at 24 CFR 570.505. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBREClPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 17 of30 O \'~t1....'1. . . ',.. .. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT 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 Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with Iead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that ifIead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. SEVERABILITY OF PROVISIONS 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. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non- expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. Shelter for Abused Women & ChiIdren/2006 SHP 3- Year Grant Page 18 of30 OnJ <l/j~ COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-four (30) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. ARTICLE NINETEEN: NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent ofHGS and HUD. ARTICLE TWENTY: 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. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this /41- day of ~ ,2006. SHELTER FOR ABUSED WOMEN & CHILDREN, INC BY: i\TINO CHIEF EXECUTIVE OFFICER, SAWCC, (SUBRECIPIENT SEAL) BY: 10 EPH K. S ITT, ADMJNISTRATOR, C MMUNITY DEVELOPMENT & NVIRONMENTAL SERVICES Shelter for Abused Women & Children/2006 SHP 3-Year Grant Page 19 of30 OO~4T EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMEN & CHILDREN, INC. CONSTRUCTION & SERVICES 1. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of this project is to support the expansion ofSAWCC, INC by providing funding to construct a single family structure unit to be utilized as offsite transitional housing for up to a two year period for homeless victims of domestic violence. Adding this unit will increase the bed space at SAWCC 5-10 percent. The structure which is located at 2635 Weeks Ave, Naples FL 34101 will have three bedrooms and one and a half bathrooms. The unit will also have a kitchen, living room and will be equipped with security system. The total size of the unit will be approximately 1,000 to 1,200 square feet. In addition to the unit being built for Transitional Housing the CoC SHP grartt provides for operational and supportive service activities including, in part, cost associated with a Case Manager; a Counselor/Support Staff member; case management, individualized counseling services (drug, alcohol, domestic violence and others as appropriate), transportation, child care vouchers, parenting skills and self-help classes including budgeting, job training and other supportive services. In addition, administrative cost including implementation, accounting and reporting are also included in the scope. CoC SHP eligible costs are outlined in Part 583 -Supportive Housing Program. B. PROFESSIONAL SERVICES: Where applicable, the consultant procurement process shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub-consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. The SUBRECIPIENT further agrees that HGS, in consultation with any parties HGS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. THREE YEAR BUDGET: Line Item: Supportive Services ($4,608.00 per year) (Case Management, life skills training, Legal advocacy, employment services) Ooerations ($240.00 Year (1) $19,811.00 Year (2) and $22,1 17 Year (3) SHP Other Resources $ 3,456 (Applicant Cash Match) Funds $13,824 $42,168 $14,056 (Applicant Cash Match) Shelter for Abused Women & ChiIdren/2006 SHP 3- Y ear Grant Page 20 of 30 6'M 48 (Maintenance, repair, utilities, equipment, Supplies, insurance, food, transportation) New Construction (Year (1)) (Construction to cover the following: General Contractors fees, Site Work, Concrete, Masonry, Metals, Carpentry, Moisture control, Windows, doors, glass Finishes, specialties, equipment, mechanical, Electrical. All the aforementioned items Were listed in the Technical Submission approved by HUD as eligible. Grant Administration ($1795.67 per Year 2006-2009) Total SHP grant Total Match Funds Total Budget $159,500 $159,500 (Applicant Cash Match) $5,387 $220,879.00 $177,012.00 (Proof of Match to be submitted Prior to l't reauest for pavment) $397,891.00 *Budget must adhere to the schedule provided on page 3 of this agreement Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUBRECIPIENT, will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT share of administrative costs and shall submit such plan to HGS, on behalf of the COUNTY, as the Grantee, for COUNTY approval, in a form specified by HGS. SA WCC, Inc. shall provide HGS with a copy of the current annual budget as it relates to Operations and Support Services prior to entering into this agreement. Participant Selection: 1. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2. The SUBRECIPIENT shall submit its forms/documents for income eligibility determination to the Housing and Grants Section and obtain a letter of approval prior to administrating the project. 3 The SUBRECIPIENT shall submit its federally funded bid and contracting process information. NOTE I: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the Housing and Grants Section and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that can be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the construction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 21 of30 OO~'49 one contract. The SUBRECIPIENT shall obtain Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to executing any change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. The SUBRECIPIENT further agrees that the Housing and Grants Section, in consultation with any parties Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. 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. Names of staff and contact information of staff responsible for grant and reporting must be submitted. E. 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. F. WORK SCHEDULE: The time frame for completion of the outlined activities and payment processing shall be: HUD SHP Grant funds to be expended 74% of Funding Expended 87% of Funding Expended 100% of Funding Expended June 30, 2007 June 30, 2008 August 31, 2009 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Grants Section. G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HGS 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 HUD 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 HGS approval of invoices, etc. for reimbursement. SA WCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. Shelter for Abused Women & ChiIdren/2006 SHP 3- Y ear Grant Page 22 of30 {)t~L.L ,j . H. ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.C., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. C. LEAD-BASED PAINT 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 Regulations at 24 CFR 570.608,24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with Iead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that ifIead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for ail rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list E. DAVIS-BACON ACT The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 23 000 O,~) 51 wage decision and disclose the requirements of the Davis-Bacon Act in its construction bid solicitation and sub-contract(s). D. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. E. BONDING REOUIREMENTS: The SUBRECIPIENT shall comply with the requirements ofOMB Circular A-l02 (Uniform Administrative Requirement for Federal Grartts to State artd Local Governments) and 24 CFR Part 85 in regard to any bid guarantees, performance bonds, and payment bonds. F. CONSTRUCTIONPAYMENTRETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have complied with the requirements ofthe Davis-Bacon Act. G. FORMER PROJECTS: Failure to adequately maintain any former CDBG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future CDBG funds. Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 24 of30 MH. 5? EXHIBIT "B" COLLIER COUNTY HOUSING AND GRANTS SECTION SHP OPERATING AND SUPPORTIVE SERVICES REQUEST FOR PAYMENT Subrecipient Name: SECTION I: REQUEST FOR PAYMENT Shelter for Abused Women & Children Subrecipient Address: P.O. Box 10102 Naples. FL 24101 Project Name: SA WCC Construction and Services Project No: Activity # Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ $ 220.879.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past CIainis 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. 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) Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 25 of 30 00 tl:!~! !,i .J EXHIBIT "C" SHELTER FOR ABUSED WOMEN & CHILDREN MONTHLY PROGRESS REPORT Complete form for past month and submit to HGS staff by the 1 rf' of the following month. Status Report for Month of Submittal Date: Project Name SHELTER FOR ABUSED WOMEN & CHILDREN 3-Year Grant Project Number Activity Number Subrecipient: Contact Person Telephone: Fax: E-mail: 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. S. Progress on Completion of the Grant Activity (s): Shelter for Abused Women & Children/2006 SHP 3-Year Grant Page 26 of 30 O\tif)~ 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 August 31, 2009. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY August 31,2009, 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, etc.). SAWCC will be required to submit its Annual Performance Report (APR) to HGS by November 1st of each year. Shelter for Abused Women & ChiIdren/2006 SHP 3- Y ear Grant Page 27 of30 o (}}5 S EXHIBIT "D" Prepared by and Return to: Collier County Housing & Grants Department 3050 N. Horseshoe Drive, #110 Naples, Florida 34104 DECLARATION OF RESTRICTIONS Shelter for Abused Women & Children, Inc. a private, limited partnership, having its principle office at P.O. Box 10102, Naples, FL 34101, hereinafter referred to as "Declarant," for the property described below, in consideration of CDBG funding in the amount of One Hundred Fifty Nine Thousand Five Hundred Dollars ($159.500.00) to be received from Collier County does hereby grant to the County the following restrictions against the subject property described as: Lot 5, Block 1, W.H. Surency, according to the plat thereof recorded in Plat Book 1, Page 28A, of the Public Records of Collier County, Florida; Parcel Identification Number: 76210120005 and Lots 6 and the East 28 feet of Lot 7, Block 1, W.H. Surency, according to the plat thereof recorded in Plat Book I, Page 28A, of the Public Records of Collier County, Florida Parcel Identification Number: 76210160007 and The West 28 feet of Lot 7 and all of Lot 8, Block I, ofW.H. SURRENCY SUBDIVISION, according to the plat thereof as recorded in Plat Book I, Page(s) 28A, Public Records of Collier County, Florida. Parcel Identification Number: 76210200006 1. This Declaration of Restrictions shall be deemed as covenants nmning with the land and are binding upon the undersigned, their heirs, executors, successors, and assigns. These restrictions can only be terminated if released by Collier County, acting through and by its Board of County Commissioners, and only when executed with the same formalities as this document, effective when recorded in the Public Records of Collier County, Florida. Collier County is specifically granted the right to enforce this Declaration using all means lawfully available, and is entitled to such costs and fees as may be required to enforce this Declaration. 2. In consideration of the County's grant in the amount of $159,500.00 (in CoC funds) as provided through a grant Agreement with the County dated , 2006, the Declarant hereby covenants and agrees to only use the subject property as described in the Declarant's funding application to the County, and as described in said grant Agreement, and as set forth below, for a period of twenty (20) years commencing with the expiration date of said grant Agreement (as the term of such Agreement may be amended from time Shelter for Abused Women & ChiIdren/2006 SHP 3- Year Grant Page 28 oDO O,O-lb6 to time). 3. The Declarant agrees, with regard to the use of the facility/property whose acquisition or improvements were funded through the grant Agreement that for a period of twenty (20) years after the closing date of said project (as the term of such Agreement may be amended from time to time): a. The Declarant may not change the use or planned use, or discontinue use, of the facility/property (including the beneficiaries of such use) from that for which the acquisition or improvements were made, unless the Declarant provides affected citizens with reasonable notice of, and opportunity to comment on, any such proposed change and either: i) The new use of the facility/property, in the opinion of the County, qualifies as meeting one of the national objectives defined in the regulations governing the CDBG program, and is not a building for the general conduct of government; or ii) The requirements of paragraph 3(b) of this section are met. b. If the Declarant determines after consultation with affected citizens, that it is appropriate to change the use of the facility/property to a use which does not qualify under Paragraph 3(a)(1) of this section or discontinue use of the facility/property, it may retain or dispose of the facility for such use if the County is reimbursed in the amount of the current fair market value of the facility/property less any portion thereof attributable to expenditures of non-CoC funds for acquisition of, or improvements to the facility/property. The final determination of the amount of any such reimbursement to the County under this paragraph shall be made by the County. c. Following the reimbursement of CoC funds by the Declarant to the County pursuant to Paragraph 3(b) above, the facility/property will then no longer be subject to these restrictions once the County has recorded a release of these restrictions as described above. In the event of any proposed sale, conveyance or transfer of the subject property, the Declarant must obtain approval of the County, through its Housing & Grants Section. Any approved sale or conveyance of the subject property by the Declarant will be contingent upon the receipt of the payment by the County in accordance with the provisions of Paragraph 3(b) above, or the receipt of a commitment, executed by a subsequent owner acceptable to the County, acknowledging its acquiescence to this Declaration. 4. The Declarant agrees to notify the County in writing through the Housing & Grants Section of any liens, judgments or pending foreclosure on the subject property within five (5) working days of the receipt of said notice by the Declarant. 5. Declarant shall submit to the County once each year a report detailing the Declarant's compliance with the terms of the grant Agreement and this Declaration of Restrictions. 6. Declarant relinquishes all rights to alter, amend, modifY, or release the covenants set forth in this Declaration prior to the completion of the twenty-year period described above. Shelter for Abused Women & Children/2006 SHP 3-Year Grant Page 29 of 30 O~..157 Executed this 1./lL day of ~J..IAJ BY: ,20 06 SHELTER FOR ABUSED WOMEN & CHILD N, INC. ~ A TINO, CHIEF EXECUTIVE SA WCC, INC. (CORPORATE SEAL) STATE OF FLORIDA cP COUNTY OF (7) ..J2-.€...- The forgoing Agreement was acknowledged before me this //k6 day of ~f~./ ,20 Oh .by of vfJ.~j.I.M/ ~.IlI/'tL.(YA J ~~U~ ~~0 . who is personally known to me or has produced ,as e{3o as identification and who did (did not) take an oath. ~A~ f Shelter for Abused Women & ChiIdren/2006 SHP 3-Year Grant Page 30 000 001S8 , :.-1' ,* \~':ll AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S-05-UC-12-0024 THIS AGREEMENT, is entered into this 1,,)-:;. day of ~ . 20!!Z, by and between Collier County, a political subdivision of the State of Floida, hereinatfter referred to as "COUNTY" and the "SHELTER FOR ABUSED WOMEN & CHILDREN," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. BOX 10102 NAPLES, FLORIDA 34101, and its Federal Tax Identification number as 59-2752895, hereinafter referred to as "SVBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emerge~cy Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development (herinafter called "HUD") as provided by the Stewart 8. McKinney Act (as amended P.L. 100- 77 herinafter called "ACT"); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Naples with the use of Emergency Shelter Grant (ESG) funds; to improve the quality of IWi in Collier County by providing assistance for emergencY-tJ:ansitional shelter clients at-risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2005-2006 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9,2001; and WHEREAS, The Board of County Commissioners of Collier . County approved the, Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the ESG Program by Resolution Number 2005-157 on April12, 2005, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (HUn) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the ESG Program SHELTER FOR ABUSED WOMEN & CHILDREN Page I of27 'nnllM " \~ll AGREEMENT BETWEEN COLLIER C;OUNTY AND SHELTER FOR ABUSED WOMEN AND CHILDREN Catalog of Federal Domestic Assistance # 14.231 HUD Grant # S-05-UC- I 2-0024 THIS AGREEMENT, is entered into this lAd-:. day of ~ 20~ by and between Collier County, a political subdivision of the State of FIo da, hereina er referred to as "COUNTY" and the "SHELTER FOR ABUSED WOMEN & CHILDREN," a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. BOX 10102 NAPLES, FLORIDA 34101, and its Federal Tax Identification number as 59-2752895, hereinafter referred to as "S1;JBRECIPIENT." WHEREAS, Collier County has entered into an agreement with the United States Department of Housing and Urban Development for a grant for the execution and implementation of a Emergency Shelter Grant Program in certain areas of Collier County, pursuant to the United States Department of Housing and Urban Development (herinafter called "BUD") as provided by the Stewart B. McKinney Act (as amended P.L. lOO- n herinafter called "ACT"); and WHEREAS, Pursuant to the aforesaid agreement COUNTY is undertaking certain activities to primarily benefit homeless individuals in Naples with the use of Emergency Shelt~ Grant (ESG) funds; to improve the quality of life in Collier County by providing assistance for emergency-transitional shelter clients at-risk of becoming homeless; as described in the Consolidated Plan submission; and WHEREAS, the Fiscal Year 2005-2006 Consolidated One-Year Action Plan was developed following the Collier County Consolidated Plan - Citizen Participation Plan, adopted on January 9,2001; and WHERl1;AS, The Board of County COmnllssioners of Collier County approved the Colli~ County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-20()6 for the ESG Program by Resolution Numb~ 2005-157 on April 12,2005, including the use of this standard form Agreement; and WHEREAS, the United States Department of Housing and Urban Development (.HUD) has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2005-2006 for the ESG Program SHELTER FOR ABUSED WOMEN & CHILDREN Page I of27 I 0 O~lJ}~ and the use of the ESG funds for the activities identified in the Plan; and WHEREAS, COUNTY and "SHELTER FOR ABUSED WOMEN & CHILDREN" desire to provide the activities specified in Part II of this Agreement, in accord with the approved Annual Consolidated Plan; and WHEREAS, COUNTY desires to engage "SHELTER FOR ABUSED WOMEN & CHILDREN" to implement such undertakings of the Emergency Shelter Grant Program (ESG) 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: I. DEFINITIONS (I) "County" means Collier County, and where applicable, it's authorized representative(s). (2) "ESG" means the Emergency Shelter Grant Program of Collier County. (3) "HOUSING AND GRANTS SECTION" means the Housing and Grants Section of Collier County. (4) "SUBRECIPIENT" means "SHELTER FOR ABUSED WOMEN & CHILDREN with the legal name of SA WCC, INC." (5) "HOUSING AND GRANTS SECTION Approval" means the written approval of the OPERATIONS SUPPORT AND HOUSING DEPARTMENT or designee. (6) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (7) "Low and moderate income persons" means the definition set by HUD. (8) "Project" means the work contemplated to be performed as set forth in Exhibit "A". II. SCOPE OF SERVICES The SUB RECIPIENT shall, in a satisfactory and proper manner, as. determined by HOUSING AND GRANTS SECTION, perform the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B" along with Exhibit "C," all of which are attached hereto and made a part hereof. . 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 HUD under Grant No. S-05-UC-12-0024. The SHELTER FOR ABUSED WOMEN & CHILDREN Page 2 of27 '00,160 1(,0 effective date shall be the latest date of e~ecuti9n of this Agreement, and the services of the SVBRECIPIENT shall be undertaken and coffil?leted in light of the purposes of this Agreement. In aIlY event, all services required hereunder shall be completed by the SUBRECIPIENT prior to June 15,2006. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County, as set forth in Part XII, and Part VIII H below. IV. CONSIDERATION AND LIMITATION OF COSTS The SUB-RECIPIENT shall be paid by the COUNTY for allowable costs, determined by COUNTY, in an amount not to exceed $96,119.00 NINETY SIX THOUSAND ONE HUNDRED NINETEEN DOLLARS or the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUBRECIPlENT 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. V. NOTICES All notiqes required. to be given under this Agreement shall be sufficient when delivered to the Hou~ing and Grants Section at its office, pre~ently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement. VI. SPECIAL CONDITIONS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the Housing and Urban Development regulations concerning Emergency Shelter Grant (ESG) and all federal regulations and policies issued pursuant to these regulations. The SU8RECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. VII. GENERAL CONDITIONS A. IMPLEMENTATION OF PROJECT ACCORDING TO REOUIRED PROCEDURES The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Grants Section's Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are tWnimal regulations supplemented by more restrictive guidelines set forth by Housing and Giants Section. No payments will be made until approved by the Housing and Grants Section or designee. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify the Housing and Grants Section in writing within thirty (30) SHELTER FOR ABUSED WOMEN & CHILDREN Page 3 of27 OQ161 days of receiving notification from the funding source and submit a cost allocation plan for approval by the Housing and Grants Section or designee within forty-five (45) days of said official notification. B. COMPLIANCE WITH LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, I. 24 CFR Part 570, as amended - The regulations governing the expenditure of Emergency Shelter Grant funds. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3. 36 CFR Part 800 - The regulations outlining the procedures for the protection of historic and cultural properties. 4. 24 CFR Part 1 - The regulations promulgated pursuant to Title VI of the 1984 Civil Rights Act. 5. 24 CFR Part 107 - The regulations issued pursuant to Executive Order Il063 which prohibits discrimination and promotes equal opportunity in housing. 6. Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 7. Title VII ofthe 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1973 10. National Flood Insurance Act of 1968 II. 24 CFR Part 130 - Regulations that prohibit discrimination in employment in federally assisted construction contracts. 12. 40 CFR Part 15 - Regulations relating to the applicability of the Clean Air and Water Pollution Acts. 13. Contract Work - Hours and Safety Standards Act SHELTER FOR ABUSED WOMEN & CHILDREN Page 4 of27 ,,,to 163 14. Lead Based Paint Poisoning Preventive Act -IS. . Section 504 of the RehabilitationActof1973. 16. Uniform Relocation Assistance and Real Property Acquisition Policies Act of1970 17. 29 CFR Parts 3, 5 and 5a - Regulations which prescribe the payment of . prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act.' Hu:o Form 4010, which describes the Davis.-Bacon Act, is included as part of this agreement and must be included in all construction contracts funded by CDBG. .See attachment A-3. 18. Revised Order Number 4 - Regulations that establish guidelines for the implementation of Executive Order lI24!5 as amended by Executive Orders 11375 and 12086. 19. - Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 20. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority busmesses in Commilnity Development Block Grant Contracts. 21. 29 eFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 22. Florida Statutes, Chapter 112 - which deals with conflict ofinterest. 23. BUD - required reports, circulars, and procedures, such as the Grantee. Performance Report. 24. Public Law lQ0-430 - the Fair Housing Amendments-Act of 1988. 25. 24 CFR 570, Subpart J - regulations covering standard. Granted Administration Procedures. These replace OMB Circular A-I 02; . This subpart includes 24 CPR 570.502. 26.0MB Circular A-133 - conceming amiuaI audits. 27.0MB Circular A-122 - which identifies cost principles. 28. Section 109, Public Law 100-202 - which restricts the awarding of public works contracts to firms fro,m foreign countries .with ~air trad,e practices. SI:IELTER FOR ABUSED WOMEN & CHILDREN Page 5 of27 I \' j(PO~6.'l 29. 24 CFR Part 84 - OMB Circular A-I 10 Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 30. 24 CFR Part 85- OMB Circular A-l02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. " C. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to Housing and Grants Section for its review and approval, which will specifically include a determination of compliance with the terms of the attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department and HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts. All additional services shall have prior written approval with support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justifY the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the County without prior written approval of the Housing and Grants Department or his designee. D. AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. E. INDEMNIFICATION The SUBRECIPIENT shall protect, defend, reimburse, indemnifY and hold the County, its agents, its employees and elected officers harmless from and against any and all claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising during the performance of the terms of this Agreement, or due to the acts or omissions of the SUBRECIPIENT. SUBRECIPIENT's aforesaid indemnity and hold harmless obligation, or portion or SHELTER FOR ABUSED WOMEN & CHILDREN Page 6 of27 ,Ij\ 0016A. applications thereof, shall apply to the fullest extent permitted by law. The SUBRECIPIENT will hold the County harmless and will indemnify the County for funds, which the County is . obligated "to refund' the Federal Govermuent arising out of the conduct of activities and administration of SUB RECIPIENT. F. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by the Housing and Grants Section in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize the Housing and " Grants Section support for all activities-made possible with funds made available under this Agreement. "G. TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital . equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to the Housing and Grants Section or the County. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract by the SUBRECIPIENT, and the County may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the County from the SUBRECIPIENT is determined. 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 oftermination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County under' Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. H. INSURANCE SHELTER FOR ABUSED WOMEN & CHILDREN Page 7 of27 ! ' O~L65 The SUBRECIPIENT agrees this coverage shall be provided on a printary basis. ".. --1:' COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall agree to maintain Commercial General Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the County's Risk Management Department. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 2. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than 10 years with deductibIes not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibIes, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. 3. 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 Countv Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and Agents. c/o Ooerations Support and Housing Section". The SUBRECIPIENT shall agree the Additional Insured endorsements provide coverage on a primary basis. 4. 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). 5. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and through its Purchasing or Risk Management Department, in cooperation with the Housing and Grants Section reserves the SHELTER FOR ABUSED WOMEN & CHILDREN Page 8 of27 " 00166 ,,-" right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, or endorsements, herein from time to time throughout the life of ... this: Agreement. The County reserves the right, but not the'obIigation, to review and reject. any insurer providing coverage because of its poor financial condition or failure to operate legally. I. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all mattel1l 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. Vill. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -1 10 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORD-KEEPING 1. The SUBRECIPIENT shall maintain all records required by the ESG Regulations. 2. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the County by the SUBRECIPIENT at any time upon request by the County or the Housing and Grants Section. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to the Housing and Grants Department if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 3. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opporttmity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 4. SUBRECIPIENT shall submit monthly b~neficiary reports to the Housing and Grants Section using Exhibit "C". 5. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall SHELTER FOR ABUSED WOMEN & CHILDREN Page 9 of27 , J ~ ! : il,Pi) 167 maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements imd with other federal requirements for grant implementation. C. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-I10, A-I22, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. D. REPORTS. AUDITS. AND EVALUATIONS 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. E. ADDITIONAL HOUSING AND GRANTS SECTION. COUNTY. AND HUD REOUIREMENTS The Housing and Grants Section 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 the Housing and Grants Section, the County, or HUD at any time. F. PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of the Housing and Grants Section or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) Ail capital equipment expenditures of$1,000 or more; (c) All change orders; and (d) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (e) All rates of pay and pay increases paid out of ESG funds, whether for merit or cost of living. G. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the Housing and Grants Section, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to Housing and Grants Section, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. SHELTER FOR ABUSED WOMEN & CHILDREN Page 10 of27 ! 1 0 (11 68 ,c~ 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 OMS Circulars A-110 (Uniform Administrative Requirement for Federal Grants), A-I22 (Cost Principles for Non-Profit Organizations), A-I33 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountarlt of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the Housing and Grants Section. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the STJBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits ofStlite, 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" ofthe SUBRECIPIENT as defined in A-I33. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. H. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Grants Section. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUBRECIPIENT shall report its plan to utilize such income to the Housing and Grants Section, and said plan shall require the prior written approval of the Housing and Grants Section or designee. Accounting and disbursement of such income shall comply with OMB Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for ESG funds may' be retained by the Agency. Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions of this Agreement shall. apply to stated activities. Any Program Income on hand at or received by the SUBRECWIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. I. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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 . . SHELTER FOR ABUSED WOMEN & CHILDREN Page 11 of27!, I, Pfi 169 COUNTY), and determining the custodianship of records. IX.. OTHER PROGRAM REOUlREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall on the ground of race, color, disability, national origin, religion, age, familial status, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performartce of this Agreement. Upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; artd to the greatest feasible extent eligible business concerns located in or owned in substarttiaI part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with the Section 3 Clause of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or services to implement this Agreement, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women-owned business enterprises of supplies artd services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible these small business and minority/women- owned business enterprises shall be located in or owned by residents of the ESG areas designated by Collier County in the Armual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES At least fifty-one percent (51%) of the beneficiaries of a project funded through. this Agreement must be Iow- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted through the use of funds under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project funded under this Agreement shall assist beneficiaries as defined above for the time period designated in Exhibit A of this Agreement. The SUBRECIPIENT shall provide written verification of compliance. to the Housing and Grants Section upon the Housing artd Grants Section's request. D. EVALUATION AND MONITORING The SUBRECIPIENT agrees that the Housing artd Grants Section will carry out periodic monitoring and evaluation activities as determined necessary by the Housing artd Grant Section or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and SHELTER FOR ABUSED WOMEN & CijILpru;N Page120f27 . OU170 1\0 output measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Grants Section, the County or the County's designees artd make copies or transcriptions of such records and information, as isdetertnined necessary by Housing and Grants Section or ,-- the County. The SUBRECIPIENT shall, upon the request of the Housing and Grants Section, submit information and status reports required by the Housing and Grartts Section, the County or HOD on forms approved by the Housing and Grants Section to enable the Housing and Grants Section to evaluate said progress artd to allow for completion of reports required of the Housing and Grartts Section by HOD. The SUBRBCIPIENT shall allow the Housing and Grants Section or HOD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by the Housing and Grants Section or HOD. E. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises arty functions or responsibilities in connection with the Project, has arty personal financial interest, direct or indirect, in the target areas or arty parcels therein, which would conflict in any marmer or degree with the performance of this Agreement artd that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to the Housing artd Grants Section provided,' however, that this paragraph shall be " interpreted in such a marmer so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of artd participation of low artd moderate-income residents of the project target area. F. PUBLIC ENTITY CRIMES As provided in F.S. 287.133 by entering into this Agreement or performing arty work in furtherartce hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors artd consuItartts who will perform hereunder, have not been placed on. the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133 (3) (a). G. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordartce with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) artd with HUD's rules at 24 CFR Part 24, subpart F. H. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or he~ knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of arty agency, a Memi:>er of Congress, art officer or employee of Congress, or art employee of a Member of Congress in connection with the awarding of any Federal contract, the making of arty Federal &rnnt, the making of arty Federal loan, the SHELTER FOR ABUSED WOMEN & CHILDREN Page 13 of27 , {) 0,0171 entering into of any cooperative agreement, and the extension, continuation, renewal amendment, or modification of any Federal contract, grant, loan, or cooperativ' agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid t< any person for influencing or attempting to influence an officer or employee of an~ agency, a Member of Congress, an officer or employee of Congress, or an employe, of a Member of Congress in connection with this Federal contract, grant, loan, 0 cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in thl award documents for all subawards at all tiers (including subcontracts, subgrants, an( contracts under grants, loans, and cooperative Agreements) and that aI SUBRECIPIENTS shall certify and disclose accordingly. I. REAL PROPERTY Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of the ESG Regulations including, but not limited to, the provisions on use and disposition of property. Any real property within the SUBRECIPIENT control, which is acquired or improved in whole or part with ESG fund~ must adhere to the ESG Regulations at 24 CFR 570.505. X. ENVIRONMENTAL CONDITIONS A. AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.c., 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EPA) regulations pursuant to 40 C.F.R., Part 50, as amended. B. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), 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 as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. SHELTER FOR ABUSED WOMEN & CHILDREN Page 140f27 .\ OC1 '1') 1'\ v I ., C. LEAD-BASED PAINT The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based ,Paint Regulations at 24 CFR 570.608, 24 CFR Part, 25 artd 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, artd tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards ofIead-based paint artd explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability artd availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures might be undertaken. D. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation, Act of 1966, as amended (16 U.S.C. 470) artd the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performartce of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation artd demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. XI. SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement ~haIl not be affected thereby if such remainder would then continue to conform to the terms artd requirements of applicable law. XII. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any ESG funds on hand at the time of expiration, any accounts receivable attributable to the use ofESG funds, artd arty non-expendable personal property that was purchased with ESG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with ESG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). XIll. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on ESG funds, and is herein incorporated by reference. XIV. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-six (26) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an SHELTER FOR ABUSED WOMEN & CHILDREN Page IS of27 : II Il () 1." 'l original, and such counterparts will constitute one and the same instrument. XV, ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this 1.tL-t. day of ~ Au.UA~r .20 07 SHELTER FOR ABUSED WOMEN & CHILDREN (SUBRECIPIENT SEAL) Optional BY: TINO, CHIEF EXECUTWE OFFICER LT R FOR ABUSED WOMEN & CHILDREN SEPH K. SCHMITT, MINISTRATOR, OMMUNITY DEVELOPMENT ~ A- ENVIRONMENTAL SERVICES ~ " SHELTER FOR ABUSED WOMEN & CHll..DREN Page 16 of27 , 0 {) 1 74 EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMENT & CHILDREN THE SUBRECIPIENT AGREES TO: A. PROFESSIONAL SERVICES: The procurement process of the consuItartt shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services. Reimbursement for sub- consuItartts shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature ofthe project. Funds will be used for security and maintenance. B. PROJECT SCOPE: NARRATIVE OF WORK PLAN The purpose of the activities pursUartt to this Agreement is to provide assistance for Essential Services, operational costs, and administration cost to benefit the emergency shelter clients at-risk of becoming homeless. NOTE 1: The SUBRECIPIENT shall submit its bid package and drawings/specifications to the Housing and Grants Department and obtain a letter of approval prior to bidding the construction work. NOTE 2: The SUBRECIPIENT shall prioritize the work in the Project, and shall bid such work in a manner that would allow the receipt of itemized costs from bidders, which would then allow the award of items that Cart be funded by the budget. NOTE 3: The SUBRECIPIENT shall not award the consquction contract for the Project until sufficient funding is available to complete the established scope of work. All construction work shall be included in one contract. The SUBRECIPIENT shall obtain the Housing and Grants Section approval prior to awarding the construction contract to be funded through this agreement. After awarding such contract the SUBRECIPIENT shall obtain the Housing artd Grartts Section's approval prior to executing arty change orders to such contract. NOTE 4: The SUBRECIPIENT shall not request reimbursement from the Housing and Grants Section for materials or equipment received and stored on the project site or elsewhere. The SUBRECIPIENT shall only request reimbursement for materials and equipment that have been installed. NOTE 5: The SUBRECIPIENT shall submit documentation showing the match funds that will be provided along with ESG funds. The SUBRECIPIENT further agrees that the Housing and Grartts Section in consultation with any parties the. Housing and Grants Section deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliartce with the above. SHELTER FOR ABUSED WOMEN & CHILDREN Page 17 of27 '.i\ O,O-t '7 5 c. BUDGET: Line Item: ESG Funds $96,II9.00 Other $96,II9.00 Cleaning Service of She Iter, 100% Maint & Sec Coordinator & benefits, 50% SonitoI Security monitoring & maint, 100% Fire System monitoring & maint, 100% Fyr Fighter Kitchen Hood Ins&maint Utilities, electric, H20,sewer,garbage, phone, 50% Insurance, 50% SheIter maintenance, electrician, plumber, carpet, Furniture cleaning, floor polishing, duct & vent Cleaning, window cleaning etc, 100% $10,080.00 $10,100.00 $ 5,500.00 $ 1,375.00 $ 450.00 $17,500.00 $11,000.00 $40.II4.00 TOTAL GRANT AMOUNT $96,119.00 + $96,119.00 Total Budget $192,238.00 Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as Subrecipient, will develop an indirect cost allocation plan for determining the appropriate Subrecipient's share of administrative costs and shall submit such plan to the Housing and Grants Section, on behalf of the County, as the Grantee, for the Housing and Grants Section's approval, in a form specified by the Housing and Grants Section. 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. ASBESTOS REOUIREMENTS: The SUBRECIPIENT shall comply, and ensure its subcontractors' compliance, with all applicable requirements for construction work in connection with the Project funded through this Agreement. F. DAVIS-BACON ACT: The SUBRECIPIENT shall request the County to obtain a Davis-Bacon wage decision for the project prior to advertising the construction work. The SUBRECIPIENT shall incorporate a copy of the Davis-Bacon wage decision and disclose the requirements of the Davis- Bacon Act in its construction bid solicitation and sub-contract(s). G. BONDING REQUIREMENTS: The SUBRECIPIENT shall comply with the requirements of OMS Circular A-I 10 (Uniform Administrative Requirement for Federal Grants) and 24 CFR Part 84 in regard to any bid guarantees, performance bonds, and payment bonds. H. CONSTRUCTION PAYMENT RETAINAGE: The SUBRECIPIENT shall apply a retainage of at least 5% on all construction draws which retainages shall be released in conjunction with the final draw upon satisfactory completion of the Project. The SUBRECIPIENT agrees not to release such retainages until it has obtained approval from the County that the contractor and subcontractors have SHELTER FOR ABUSED WOMEN & CHILDREN Page 18 of27 ' ,\ O{M 76 complied with the requirements of the Davis-Bacon Act. I. FORMER PROJECTS: Failure to adequately maintain any former ESG funded project may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future ESG funds. J. WORK. SCHEDULE: The time frame for completion of the outlined activities shall be December 31, 2007. Fifty percent (50%) of the funding must be expended by March 31,2007 One hundred percent (100%) of the funding must be expended by June 15,2007 Please note that if any of these activities exceed the timeline by two months a revised work schedule must be submitted to the Housing and Grants Sections. K. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the Housing and Grants Section outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with ESG funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form "Exhibit C" which is due by the lOth of the following month. The progress reports shall be used as an additional basis for the Housing and Grants Section's approval of invoices, etc. for reimbursement. *Please note that the provisions of the Davis Bacon Act (40 U.S.c. 276a-276a-5) do not apply to the ESG program. SHELTER FOR ABUSED WOMEN & CHILDREN Page 19 of27 QC7hi'7 t; - 1130 ATLANTA. GA 30301 Date: MA'i14199l Eaployer Identification Nuaber: 59-2752895 Contact F'erson: LDRETTA HAMILTON Contact Telephone NUllber: (404) 331-0170 SHELTER FDR ABUSED HOMEN OF COLLIER CDUNTV IHC PO BDX 10102 NAPLES. Fl 33941 Addendua Applies: No Dear App I lcant: Based on the inforMation you recently subaittt'?d, Ht'? have classifit'?d ~{our '~rganizati':>n as one that is not a private foundation Hithin the Ileaniilg of st'?ction 509(a) of the Internal Revenue Codt'? because you are described in 5t'?ctions 509(a) (1) and 170(b) (1) (A) (vi). Your ext'?llpt status under section 501(a) of the Internai Revenue Cooe as <In organization described in 50Ud (3) is sti II in effect. This classification is based on the aSSUMption that your opt'?rations Hi I I con'tinue as you have stated. If YQ\lf' sources of su.pPQrt, or your pu.rpos~s, character, or Method or operation change, please let us knoH so He Con consider l;ht'? effect of tht'? change on your exempt status and foundation status. This supersedes our letter dated January 13. 1992. ~rantprs and contributors .ay rely on this deterMination unless the' Internal Revenue Service publishes notice to the contrary. Ho>!t'?ver, if you lose your section 509 (a) (1) status. a grantor or contributor may not rely on this deterlllination if he or she Has in part responsible for, or Has aHare of. ;he act or failure to act. or the substantial or material change on tht'? part of :ht'? organization that resulted in your loss of such status, or if ht'? or she lcqufred knoHledge that.thelnternal Revenlle Service had given notice that you 10uld no longer be classified as a section509(a) (1) ,)rganization. If He have indicated in the heading of this It'?tter that an addendUM .pplies. the addendUM t'?nclosed is an integral part of this letter. Because this letter could help resolve any questions about your private 'oundation status. you should keep i~ in your peraant'?nt records. . Letter 1073(OO/CG) 001")8 /"Tt ATTACHMENT II DEPARTMENT OF CHILDREN & FAMILIES OFFICE ON HOMELESSNESS HOMELESS CONTINUUM OF CARE CHALLENGE GRANTS CSFA 60.014 FY 2008 APPLICATION INSTRUCTIONS Final May 16, 2007 Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399-0700 850/922.4691 FAX: 850/487-1361 Page #179 1. Overview The Challenge Grants shall be used to assist the local homeless continuum of care lead agency and local providers implement their written plan for addressing the needs of their homeless populations. These funds may be used for an array of programs, facilities, and services that are identified in the local continuum of care plan. This may include, but not limited to, the following types of activities or projects (see section 420.624, FS, for a complete description of the Continuum): Homelessness Prevenlion Outreach Emergency Shelter Supportive Services Transitional Housing Permanent Housing The conlinuum of care concept and the Challenge Grant program are more fully described in Part VI, Chapter 420, FS. Lead agencies are directed to review sections 420.621 to 420.626, FS, to find definitions of key terms, including "homeless" and "continuum of care." This Challenge Grant program is authorized in section 420.622(4), This state grant requires no matching funds. As the source of the state funding is from general revenue, there will be strict limits on the time available to obligate and expend these dollars. All grants must be obligaled by an executed grant agreement and all grant funded activity or project services should be completed or provided by June 30, 2008. All recipients of Challenge Grants shall be required to submit monthly reports on progress and performance until all grant funded activities are completed. Further, grantees will be expected to capture and report informalion on the housing status of all persons at the time they access or first receive services funded by the Challenge Grant. 2. Eligible Applicants The only entities that may submit an application for the Challenge Grant shall be the lead agencies of the continuum of care, as designated pursuant to section 420.624(6), F.S" by the Office on Homelessness for specified catchment areas within the state. The designation of the lead agencies by the Office on Homelessness has been done in consultation with the U,S. Department of Housing and Urban Development (HUD), the local homeless coalitions within the state, and those agencies that were identified as the lead agency in the most recent application for HUD homeless grants. The list of designated lead agencies by catchment areas is attached in EXHIBIT A. Applications shall only be accepted from these lead agencies. Any other applications received from enlities not on the list of designated lead agencies shall be returned, without review, to the entity that submitted it. 3. Maximum Grant The limit on the grant award to a lead agency shall be $150,000 for FY 2008. This maximum grant shall be provided only to the top four ranked applications. The next twelve ranked applications would be eligible for a maximum grant award of $100,000. The remaining grant awards will have a maximum of $60,000 until all funding is obligated. Applications may be submitted for any amount up to but not exceeding $150,000. The lead agency shall clearly identify a budget for those uses or activities to be funded and shall list the projects or activities to be funded if the award is made at the $100,000 level, as well as at the $60,000 maximum grant level. 180 4. Number of Applications Accepted Each designated lead agency shall submit no more than one (1) application in the fiscal year solicitation. If more than one application is submilled, all applications received from that lead agency shall be rejected and returned to the lead agency without review. 5. Deadline to Submit Applications All applications must be received by the Department in the Office on Homelessness, 1317 Winewood Boulevard, PDHO, Building 3, Room 325, Tallahassee, Florida 32399-0700, by 5:00 pm, EDT, on July 2,2007. This deadline shall be formally noticed in the solicitation of applications as published in the Florida Administrative Weekly. Applications received after this deadline shall be rejected and returned to the lead agency applicant without review. There shall be NO EXCEPTIONS or WAIVERS. Applications must be received in the Office by the deadline. Applicants should make sure that if the application is mailed or sent by courier service that they allow adequate time for the application to be delivered to the Department. All applications received shall be date and time stamped upon receipt in the Office on Homelessness and a log maintained to reflect the receipt of each application. No faxed or electronic delivery shall be permilled for submission of applications. 6. Copies to be Submitted The lead agency applicant shall submit an original signed application plus three (3) photocopied applications to the Department. Failure to submit an original signed copy, or the required number of copies (3), shall result in the rejection of the application. The original signed application shall be clearly labeled on the cover sheet "ORIGINAL" to identify the original signed application. 7. Eligible Uses The lead agency may use the grant funds to fund any activity or project that is clearly and specifically identified in its wrillen continuum of care plan. To be an eligible activity or use the lead agency shall execute a wrillen certification that the use is specifically contained in the plan and shall provide evidence of that inclusion in the plan with the certification. This evidence may be documented in a variety of places within your plan, including the description of your continuum of care system, the action steps for allaining goals, the community's strategies to carry out its vision, the components of the continuum, or the project priorities lisl as described in the Exhibit 1 of the 2007 Conlinuum of Care application issued by the U.S. Department of Housing and Urban Development. The plan should be sufficiently detailed so as to clearly denote the use, the agency performing the service, and that state funds will be sought to support the use. The application may contain one or more activities to be funded so long as each and every one of the activities proposed for funding is specifically identified in the wrillen continuum of care plan. All of the grant funds shall go to activities proposed for funding that directly benefit homeless persons or persons at risk of homelessness. Activities that do not directly benefit homeless persons may include, but are not limited to, public education, training, planning, and capacity building. Homeless management information systems may be claimed to be a direct benefit use only to the extent that the system is used as a case management tool to coordinate services among two or more local agencies serving the homeless person. The lead agency's wrillen plan for its continuum of care shall be filed with the Office on Homelessness at the time of its designation as the lead agency. Any amendment to that plan on file with the Office, which has been formally adopted by the continuum of care's governing body in a duly noticed meeting, and adopted subsequent to the designation of 181 the lead agency, must be attached to the application along with a certification of the amendment date by the lead agency. The application must clearly enumerate the activities or projects to be funded, the purpose of each, the amount allocated for each, and the entity to carry out that use or activity. The lead agency shall be fiscally responsible for all grant funds and their eligible use. Performance monitoring of the grant activities is a responsibility of the lead agency. Upon completion of the grant funded activities, the lead agency shall provide its written assessment of the grant's effectiveness in furthering the continuum of care plan. 8. Ineligible Use Grant administration costs of the lead agency are not specifically authorized in section 420.622(4), FS, and are ineligible. No grant funding shall be used by the lead agency for staff salary, benefits, or operating expenses directly related to the management and oversight of this grant. Staffing and administrative costs directly related to the implementation of eligible use activities shall be eligible and shall be included within the total budget allotted to Ihat eligible use. For example, if the lead agency carries out an eligible outreach activity, its staff and operating costs associated with lhat outreach activity, are eligible. 9. Notice of Solicitation of Applications The Department shall publish the "Notice of Solicitation of Applications for Challenge Grants," in the Florida Administrative Weekly at least 30 days prior to the deadline for applications. EXHIBIT B contains the Notice of Solicitation of Applications. At the time this notice is submitted to the Florida Administrative Weekly for publication, a written copy shall be mailed to each designaled lead agency by the Office on Homelessness. The use of eleclronic media to provide this notice to lhe lead agencies shall also.be allowed, including the use of FAX or email, as appropriate and available, to the lead agency, but only physical delivery as described in paragraphs 6 and 7 shall control delivery on an application. No faxed or electronic delivery shall be permitted for submission of applications. 10. Review Process The Department of Children & Families shall appoint a three person review team consisting of persons who are knowledgeable in the program area, and may include others such as employees of other state agencies or entities that are engaged in planning for or providing homelessness services. Reviewers shall be free of conflict of interest with either potential applicants or providers of eligible activities or project uses of the Challenge Grant. This review team shall evaluate all eligible applications, rank them using the three statutory preference criteria cited in section 420.622(4), FS. Action by the Department shall be final. Upon approval by the Department, all applicants shall be notified in writing of the rankings and granl awards. Failure to receive a grant award is not a prolestable event. STATUTORY PREFERENCE CRITERIA A. Demonstrated ability of the continuum of care to provide quality services to homeless persons. The lead agency shall document the performance of its continuum of care to provide quality service to the homeless in its catchment area. This documentation should specifically address the following indicators of quality service as reported in its continuum of care plan for 2007. In addition to the documentation, the lead agency shall execute the certification contained in Exhibit C, attesting to the data reported in its 2007 continuum of care plan. Failure to execute the certification on quality of services shall cause the application to be ranked last on these 182 preference criteria. The lead agency shall attach source documentation to verify the data used in the Exhibit C form. The applicant's total score for these rating criteria will be the sum of points awarded for all of the quality of service indicators. The applicant and COC achieving the highest number of points for most quality of service indicators achieved shall be ranked number one. The applicant having the second highest number of points will be ranked number 2, and so on until all applicants are ranked. The review team shall award points only to the extent thai the documentation affirms the quality of service standard was allained. Documentation shall include the relevant charts from the Continuum of Care Exhibit 1 plus additional data as requested below. Qualitv of Service Factors 1. Homeless Goalsl Strategy: Past Performance Based on your 2007 Exhibit 1 Continuum Plan, report the net change in Permanent Beds for the chronically homeless between February 1,2006 and January 31, 2007. Using the Beds Chart on HUD 40090-1 CoC-V, divide the new permanent housing beds by the Permanent Beds as of 2006 to calculate the percentage change in beds. Chronic !! Points % Chanqe in Permanent Beds in 2006 Points Greater than 100% 8 76-100% 6 51-75% 5 26-50% 4 1-25% 2 No Change 0 Negative -2 2. Continuum of Care Planning Coordination Based on your 2007 Exhibit 1, Continuum of Care Plan, report on the number of questions check "yes" on the CoC Coordination Chart for linking local homeless planning efforts. [HUD form 40090-1, CoC-PI. ---1.Points # of Questions Checked "Yes" 7 or 8 4, 5 or 6 1, 2 or 3 o Points 3 2 1 o 3. Continuum of Care Project Review and Selection Based on your 2007 Exhibit 1 Continuum of Care Plan, report on the number of methods and processes used by the continuum in the voting/decision system to select projects. Using the chart on HUD form 40090-1, CoC-F, report the number of methods and processes checked as applicable. ~Points 183 # of Methods/Processes Checked 5 or 6 30r4 1or2 o Points 3 2 1 o 4, Project Performance - Employment Income The percentage of clients in all of your continuum's renewal projects who exited or left the projects who had employment income as a source of income will be evaluated, Using your 2007 Exhibit 1 Continuum Plan's CoC Mainstream Programs and Employment Project Performance, HUD 40090-1, CoC-X chart, report the percentage of the adults who left with employment income at the time of exil from the applicable renewal projects, % With Emplovment Income Upon Exit Points 80% or Higher 8 70-79% 7 60-69% 6 50-59% 5 40-49% 4 30-39% 3 29% or lower 2 No Applicable Renewal Projects 3 5. Project Performance - Food Stamp Benefits Similar to the employment income factor above, report on the percentage of the clients in all of your continuum's renewal projects who left Ihe projects with Food Stamps, Using the COC Mainstream Programs and Employment Project Performance, HUD 40090-1, CoC-X chart, report the percentage of adults who left wilh Food Stamps at the time of exil from the applicable renewal projects, % With Food Stamps upon Exit Greater than 60% 46-60% 31-45% 16-30% 1-15% 0% No Applicable Renewal Projects Points 8 7 6 4 2 o 3 6. Project Performance- SSI Like the employment income factor above, report on the percentage of clients in all of your continuum's renewal projects who exited the projects who had SSI income. Using your 2007 Exhibit 1 Continuum of Care Plan Mainstream Programs and Employment Project Performance, HUD Form 40090-1, CoC-X chart, report the percentage of the adults who left with SSI income at the time of exit from the renewal projects, % with SSI Upon Exit Points 184 ~ Points ~Points !..Points 20.0% or higher 10.0% to 19.9% 5.0% to 9.9% 0.1% to 4.9% 0% No Renewal Projects 4 3 2 1 o 1 7. Project Performance- SSDI As in the employment income factor, report on the percentage of clients in all your continuum's renewal projects who exited the projects with SSOI income. Based on the HUO form 40090-1, CoC-X chart, report the percentage of the adults who ieft with SSOI income. % with SSOI Upon Exit 20.0% or higher 10.0% to 19.9% 5.0% to 9.9% 0.1% to 4.9% 0% No Renewal Projects Points 4 3 2 1 o 1 8. Project Performance - Permanency of Housing Based upon your 2007 Exhibit 1 Continuum plan, Housing Performance Chart, assess the percentage of the clients served with permanent housing who remained in Ihis permanent housing for seven months or longer. Report the percentage of participants in the applicable permanent housing projects who stayed seven months or longer. % Stav Housed 7 Months or Lonaer Points 90 to 100% 8 OO~~% 7 ro~~% 6 60 to 69% 5 50 to 59% 4 o to 49% 2 No Applicable Permanent Housing Projects 3 9. Project Performance - Transition to Permanent Housing This factor assesses the percentage of all Transitional Housing clients who moved to a permanent housing living arrangement. Using the 2007 Exhibit 1 Continuum plan's, Housing Performance Chart, report the percentage of all participants who left transitional housing who moved to permanent housing. % Moved to Permanent Housina Greater than 80% 65 to 80% 50 to 64% 35 to 49% Points 8 6 4 2 185 ~ Points ~ Points --..!LPoints No Applicable Transitional Housing Projects 3 Less than 35% 1 10. Homeless Management Information Systems Coverage --1Q.Points The continuum's effort to implement a Homeless Management Informalion System in all shelter, transitional and permanent housing beds will be evaluated. Using the data reported in the Continuum of Care Housing Inventory Charts, report the percentage of all year round beds/units that are covered by the continuum's HMIS. % of ALL Beds/Units Covered bv HMIS 91-100% 81 - 90% 71 - 80% 61 - 70% 51 - 60% 41 - 50% 31 -40% 21 - 30% 11-20% 1-10% 0% Points 10 9 8 7 6 5 4 3 2 1 o 11. Homeless Population Shelter Coverage This factor will assess the extent to which the continuum is sheltering its homeless population. Based on the Continuum of Care Homeless Populalion and Sub-populations chart in the 2007 Exhibit 1, calculate the percentage of the total homeless persons that are sheltered in emergency or transitional facilities. % of Homeless Persons Sheltered Greater than 80% 60 to 80% 40 to 59% 20 to 39% less than 20% Points 10 8 6 4 2 12. Expanded Continuum Catchment Area To continue toward a goal of statewide coverage in local continuum of care plans, a bonus factor is available to any continuum which expands its 2007 catchment area by one or more county that was not included in a conlinuum in 2005, as designated by the Office on Homelessness. Continuum Catchment Area Expanded One or More County added Points 4 13. Past Performance: Unexecuted Grants 186 10 Points !,Points <-10> Points Failure of the continuum to move projects awarded grants by the U,S, Department of Housing and Urban Development in the Continuum of Care NOFA to successful grant agreements is assessed as a negative performance factor. The ability to implement the grant agreements and carry out the federaliy funded homeless housing projects is critical to the continuum's long term success, Number of HUD Awards Made Prior lo 2006 that are NOT under Contract 1 Award Unexecuted 2 Awards Unexecuted 3 Awards Unexecuted 4 Awards Unexecuted 5 or more Awards Unexecuted Points Deducted - 2 Points - 4 Points - 6 Points - 8 Points -10 Points MAXIMUM POINTS POSSIBLE IS 78 POINTS 8, Ability to leverage McKinney Act and private money for the provision of services to homeless persons, The lead agency shali iist on the form in Exhibit D ali funding received by organizations participating in the continuum of care from grants authorized under the McKinney-Vento Homeless Assistance Act (42 U,S,S" ss 11371, et. seq,), and from private sources (non-governmenlal) for homeless services within its catchment area, The iist shall be limited to those grants received or private cash received within the period from July 1, 2006 to June 30, 2007, For grants, received shali be defined as the total amount of the grant award as reflected on the fully executed grant award letter from the grantor agency as dated within the above stated period, Once the grant award has been claimed as leverage in a Chalienge Grant application, it may no longer be claimed on any future Chalienge Grant appiication, Do not include any grant awards claimed in your 2002, 2003, 2004, 2005, 2006 or 2007 Chalienge Grant applications, For private funds, the amount received shali be the actual amount of cash received during the period (July 1, 2006 to June 30, 2007) for direct services targeted to homeless persons, In-kind services or donations of goods or services shali not be eligible to be claimed as leverage, The amount of cash received for service to the homeless shall be evidenced by a letter on agency letterhead, signed by the chief executive officer, stating the amount of cash received for homeless service, and the services supported by that cash, The lead agency shali provide this evidence in the application, and keep it on file in the continuum records, Like the grant funding, once the private cash is claimed in a Chalienge Grant application, it may no longer be claimed on any future Chalienge Grant applicalion, Lead agencies are directed to the foliowing programs authorized under the McKinney-Vento Homeless Assistance Act, for claims of grant funding leveraged, These are the only grant sources that shali be recognized for leverage, Federal Proqram Name CFDA # Aqencv Eligible Grantees 1, Homeless Veterans Reintegration Program 17,805 Labor State and local pubiic agencies, private industry councils, non-profit agencies in 75 largest metropolitan areas and rural areas of need, 2, Health Care for the Homeless 93,151 HHS Non-profit private organizations, state and local government agencies, 187 3. Projects for Assistance in Transition from 93.150 HHS States, District of Columbia, territories, Homelessness (PATH) with subgrants to political subdivisions of states and non-profit entities. 4. Education for Homeless Children & Youth 84.196 Educ. State departments of education, with local educational agencies as subgrantees. 5. Emergency Sheller Grant 14.231 HUD States, cities, urban counties and territories, with subgrants to non-profit entities. 6. Shelter Plus Care 14.238 HUD Stales, units of local government, or public housing agency. 7. Supportive Housing Program 14.235 HUD States, local governments, other govem- mental entities, private non-profits, public non-profit community mental health association. 8. Section 8 Moderate Rehab, Single Room 14.249 HUD Public housing agency or private non- Occupancy (SRO) profit organization. 9. Emergency Food and Shelter 83.523 FEMA Red Cross, Catholic Charities, United Jewish Communities, National Council of Churches, Salvation Army, United Way, independent non-profits which provide food and/or shelter services. The lead agency shall fully document in the application the amounts claimed as leverage and maintain that evidence in its files to support the certification of leverage claimed on Exhibit D, Failure of the lead agency lo execute the certification of leverage shall cause the application to be ranked last on the leverage preference criteria. The amount of leveraged grant, as certified by the lead agency, shall be divided by the population of the continuum's catchment area, 10 calculate a leverage ratio of McKinney-Vento grant. Likewise, the amount of private cash received for direct homeless services, as certified by the lead agency shall be divided by the population of the continuum's catchment area, to calculate a leverage ratio of private dollars per 1000 population The ranking of the applications shall be based on the two leverage ratios calculated. The application with the highest ratio of McKinney-Vento grants per thousand persons shall be ranked number 1 on this factor. The next highest ratio of McKinney grants will be ranked 2 and so on until all applications are ranked. Similarly, all applications will be ranked on the private cash ratio, with highest ratio ranked number 1. The second highest ratio of private cash is ranked number 2 and so on. A final ranking shall be established by combining the two ran kings of the leveraging ratios. Example, an application is ranked 4th on McKinney grant leverage and 15th on private cash leverage. The total ranking score for that application would be 19. The application with the lowest combined ranking score will be ranked first on this preference crileria. 188 C. Catchment area with the greatest need for the provision of housing and services to the homeless, relative to the population of the catchment area. The lead agency shall add the data contained in the continuum of care homeless population and sub- populations chart for both persons in households with dependent children and persons in households without dependenl children. This total number of homeless persons shall be aggregated as a count of the estimated number of persons homeless, and shall include both those sheltered and unsheltered in the catchment area. The latest homeless population charts instruction and tables from the U.S. Department of Housing and Urban Development shall guide your response. The data contained in the continuum's homeless population table as submilled in the 2005, 2006 and 2007 federal grant competition shall be used, without change, in determining need under this scoring criteria. In documenting the need for homeless services, the lead agency shall use the Continuum of Care Homeless Population and Sub-population chart as filed with the Office on Homelessness, as part of the designation of lead agencies for the last three years. The lead agency shall certify that this data: represents the number of homeless persons in the catchment area on any given night; is true and accurate for the catchment area; and is derived in accordance with the federal grant instructions The lead agency shall complete and execute the certification on the need form, Exhibit E. In the event an applicant fails to execute the certification, the application shall be ranked last on the need statutory criteria. The HUD Exhibit 1 homeless population table along with the narrative describing the methods used to estimale Ihis need shall be submilled with the Exhibit E. The total number of homeless persons for the lhree years shall be calculated, and then divided by three (3) to determine the average number of homeless persons per year for the past three years. This average number of homeless persons per year, both sheltered and unsheltered, shall be divided by the total population of the calchment area, based on the 2000 Census data by county(s) within the catchment area. EXHIBIT H provides the total population by continuum in 2000. The resultant calculation shall establish a ratio of homeless population per 1000 population for the catchment area as documented using the form found in Exhibit E The review team shall compare all eligible applicants to determine the catchment area with the highest ratio of homeless persons per 1000 populalion. This application shall be ranked number one. All other applicants shall be ranked in descending order with the second highest need ratio ranked second and so on until all applicants are ranked. In the event two or more applicants have the same need ratio, they shall be ranked equally in the rank order, with their rank score being the average score of the two or more rank places. Example: Two applicants have the same need ratio of 1.0 homeless persons per 1000 population. Ten applicants have higher ratios. The two applicants would be ranked at 11.5, averaging the number 11 and 12 rank order places. FINAL RANKING The review team shall establish a final ranking by totaling the rankings in the three preference criteria outlined above. For example, if the application is ranked number 7 in quality of service, number 3 in leverage, and number 6 in need, its total ranking score is 16. The application with the lowest combined ranking score of the three reviewers shall be the top ranked application. 189 . In the event of a tie in the total ranking score, the review team shall rank the applicant that was ranked higher on the catchment area need preference criteria above the other application for the purpose of determining the finai order for awards. 11. Grant Amounts The total grant funding available for award is $2,116,025. The amount of grant award shall be the total amount of eligible uses requested, up to $150,000. The top ranked application shall be funded first, with each subsequent ranked application awarded until the grant amount is exhausted. The top four ranked applications shall be eligible for a grant up to $150,000. The next twelve ranked applicalions shall be awarded a maximum grant of $100,000. All remaining grant awards shall be limited to no more than $60,000, subject to the availability of budget authority. The Department reserves the right to make grant awards in amounts less than the requested amount in the event Ihat: (1) uses proposed are deemed ineligible by the Department, or (2) that the grant funding remaining available is less than the amount of the grant request. Lead agencies receiving grant awards shall agree to participate in the Office on Homelessness' process to develop standardized data collection methods and the creation of a homeless management information system. Further, grantees shall be required to submit monthly reports of performance, until grant funded activities are completed. The lead agency and all providers of grant assisted service shall collect and report information of the housing status of persons at the time they access or first receive assistance from the grant-funded activities. 12. Application Formats All applications shall be on paper of the size 8Y:, x 11, be provided in the order described below, and the application shall be bound with a table of contents clearly showing the order of the malerial, and with pages clearly numbered. Where referenced documents area to be included in the application, they shall be inserted in the application immediately following the section of the application in which they are referenced. 13. Application Contents Each application shall consist of the following information and shall be bound in the following order. (1) Cover Letter The lead agency shall provide a letter, on agency letterhead, describing the total amount of the requested grant, an enumeration of the uses of the grant, and the point of contact at the lead agency to serve a grant manager. A point of contact shall be identified who can be notified in the event of a grant completeness issue. A phone and fax number shall be provided for the contact person for completeness issues. A duly authorized official of the lead agency shall sign this letter. (2) Budget The budget shall follow the forms contained in EXHIBIT F & G and must clearly delineate the following for each proposed activity or project: (a) The activity or project use. (b) Amount of grant for each use/activity. (c) Name of the provider entity to carry out the activity or use. (d) Whether this is an existing service or a new service to fill an unmet need. (e) Number of Homeless Persons Served. m Estimated Expenditure of Grant Funds by Quarter. Separate budget forms should be submitted for the three possible grant award levels. 190 (3) Certification of Consistency with Continuum of Care Plan. The lead agency shall provide a letter on agency letterhead that shall be signed by the same duly authorized official that signs the cover letter certifying that each use is specifically identified within the continuum of care plan. This letter shall list each use proposed for funding along with the specific citation of where in the pian this activity or use is described in the plan. This reference should cite the section, page, project list, or other clearly identifiable reference to the plan. Copies of applicable portions of the written plan shall be attached to the letter highlighting the specific use citations, which clearly denote the use, the agency to perform the service, and that state funds will be sought to support the use. Failure to properly document the consistency of any activity proposed for funding shall make that activity ineligible for the grant. (4) Narrative: The lead agency shall provide a narrative that describes all of the activities to be funded, the homeless populations to be served, and the outcomes expected to be achieved for each activity proposed to be funded. This narrative should clearly delineate which uses would be funded at the $150,000 grant level, as well as those to be funded at the $100,000 level, or the $60,000 level. (5) Quality of Services Narrative. The lead agency shall document the aclions taken by the continuum of care in providing quality services, as described in item 1 O.A starting on page 4 above. Be sure to document the quality of service issue with your CoC plan information, so as to enable the reviewer to determine whether the quality indicator has been achieved. The certification by the lead agency of indicators of quality of services, per the form in Exhibit C, shall immediately follow this section. Documentation of the scored criteria shall follow the Exhibit C certification. The documentation shall be clearly identified to refer to the scoring criteria. Failure to properly document the issue shall result in no points being assigned to that quality of service issue. (6) Leverage of McKinney Act and Private Funds. The lead agency shall list the funding received in the period from July 1,2006 to June 30,2007, by grant award or private funder. The list shall clearly show each individual grant or receipt of private cash, which clearly references the item on the list. The lead agency shall provide a signed certification of the total of funding leveraged. This listing shall follow the form on EXHIBIT D. Documentation of grant awards and private cash sources shall follow the Exhibit D certification, and shall be clearly labeled to refer to the specific leverage item claimed. (7) Homeless Need The lead agency shall complete the form on EXHIBIT E, using the data from its Homeless Population and Subpopulation Chart in its continuum of care plans from 2005, 2006 and 2007 and the census population data from EXHIBIT H. The result should be the ratio of the average number of homeless persons per year per 1000 population, rounded to the nearest hundredth of a person. The lead agency shall provide a signed certification on the data used from the homeless population chart on Exhibit E. Copies of the Homeless Population and Sub- population Charts for the last three years, along with the narrative or chart describing the methods used to estimate the need, shall follow Exhibit E. (8) Ability to Complete Activities The lead agency shall document the ability of the continuum of care agency(s) to complete the funded activities by the end of June 2008. This should include timelines of critical tasks to be accomplished for each use; monthly or quarterly spending plans; proposed draw down schedules; and reporting schedule for outcomes achieved. This narrative should address the status of the selection of the local providers of activities; the status of needed 191 subcontracts between the lead agency and the provider entities; the identification of homeless clients to be served; and preparations underway to allow for the timely obligation and expenditure of these funds. Future grant awards may be subject to Ihe timely completion of all grant funded activities. 14. Performance Measures Pursuant to state law, the Office on Homelessness shall establish performance measures to evaluate the effective performance of the lead agencies that receive grant funds. The Office shall base its evaluation criteria on the program objectives, goals and priorities as set forth by the lead agencies in their proposals for funding. Each lead agency receiving a grant under this solicitalion shall provide to the Office on Homelessness on or before June 30, 200B, a thorough evaluation of the effectiveness of the grant in achieving its intended purpose. At a minimum, this written evaluation shall address the following: a. Implementation of the Continuum of Care Plan. The lead agency shall evaluate the effectiveness of the grant to further the continuum of care plan, including the extent to which the grant accomplished plan objectives or actions steps, or resolved unmet needs specified in the plan. b. Planned versus Actual Services Provided. The evaluation shall compare the proposed number of homeless persons to be served by grant funded activity as enumerated on Exhibit F, Budget Form, to the actual number of persons served. The lead agency shall provide explanation for any activity that failed to achieve the target service level. c. State and Federal Performance Obiectives. The lead agency shall report on their continuum of care performance on the following four outcomes. The data shall include the continuum of care plan performance at the time of the grant application submission, as well as the continuum's level of performance as of June 30, 200B on these four criteria. (i) HMIS Implementation. Report the total number of homeless beds, and the total number of those beds for which data is being entered into HMIS on clients served by those beds for the continuum. (HUD Exhibit 1 data) (ii) Stability in Permanent Housing. Report the number of homeless persons served in HUD permanent housing projects who stayed 7 months or longer, as reflected in HUD form 40090-1(W). in the 200B Exhibit 1 plan. (iii) Move to Permanent Housing. Report the number of persons living in HUD transitional housing who moved to permanent housing, as reported on HUD form 40090-1 (w), in the 200B Exhibit 1 plan. (iv) Employment Income. Report the total number of adults who left HUD homeless housing, and of those, the number who had employment income upon exit, as reflected on HUD form 40090-1 (x), in the 200B Exhibit 1 plan. 15. Completeness. The Office on Homelessness shall evaluate all applications received by the deadline date and time for completeness. The completeness review shall be limited to the following items: . Is there a signed original, plus three copies of the application? . Is there a signed, original certification of consistency with the continuum of care plan? 192 . Are Exhibit F and G, budget forms contained in the application? If any of these items are not contained or found in the completeness review, the Office on Homelessness shall notify the applicant by FAX of the missing item. The Office will also make a call to the lead agency to affirm that a fax was sent. The applicant shall have 72 hours to FAX the missing material or item to the Office (from the date and time of the notice of missing item(s)). Failure to provide original signed certification on the following items shall result in the application ranking being ranked last for the respective preference criteria by the review team. . Certification of Quality Service Standards, Exhibit C. . Certification of Leverage Funds, Exhibit D. . Certification of Unmet Need per Catchment Area Population, Exhibit E. No additional material shall be provided following the deadline for receipt of the application for any of the ranking criteria. Failure to provide a complete applicalion shall result in rejection and return of the application without ranking. This determination wiii be made following Ihe receipt of materials, or lack thereof, after the 72-hour response period. 16. Liens. In the event lhat the Challenge Grant proceeds are used to acquire or improve real property, such use shall be contingent upon the lead agency and/or its subgrantees granting to the state a security interest in the property at least equal to the amount of the state funds provided, for at least five (5) years from the date of purchase or completion of the property improvements. The securing of the lien position and recording of the lien document shall be the responsibility of the lead agency. The lien must be in the Department's favor. See Exhibit I for a sample lien document. 17. Contact: Mr. Tom Pierce, Executive Director, or Ms. Bonnie Hazleton, Senior Management Analyst II Office on Homelessness 850/922-4691 850/487-1361 [FAX] 193 EXHIBITS CHALLENGE GRANTS EXHIBIT A B C D E F G H I J K INFORMATION Designated Lead Agencies by Catchment Area Notice of Solicitation of Applications for Challenge Grants Quality of Service Certification by Lead Agency Leveraged Funding Form and Certification Certification of Estimated Need Per Catchment Area Population Budget Form Expenditure Schedule Population Per Continuum of Care Sample Lien Document Section 420.624, Florida Statutes Monthly Status Report 194 CONTINUUM OF CARE LEAD AGENCY Ms. Beth O'Grady Alachua County Coalition for the Homeless & Hungry 703 NE 1st Street Gainesville, FL 32601 P - 352/378-0460 F - 352/373-4097 Achomeless@vahoo.com Mr. Rick Dye Homeless & Hunger Coalition of NW Florida 515 E. 6th Panama City, FL 32444 P - 850/215-9066 F - 850/215-9066 Ccoleman@problemsolvedconsultinQ.com Ms. Rosa Reich Brevard County Housing and Human Services 2725 Judge Fran Jamieson Way Building B Viera, FL 32940 P - 321/633-2076 F - 321/633-2170 Rosa. reich@brevardcountv.us Mr. Steve Werthman Broward County Homeless Initiative Partnership Governmental Center 115 S. AndrewsAv. Ste. 516 Ft. Lauderdale, FL 33301 P - 954/357-6101 F - 954/357-5521 swerthman@broward.orQ Ms. Connie Thrasher, Executive Director Charlotte County Homeless Coalition PO Box 380157 Murdock, FL 33938-0157 P - 941/627-4313 F - 941/627-9648 Connie. thrasher@cchomelesscoalition.orQ EXHIBIT A 195 CATCHMENT AREAS BY COUNTY Alachua, Putnam, Bradford and Levy 2000 Population 348,916 Bay, Calhoun, Gulf, Holmes, Jackson and Washington 2000 Population 260,858 Brevard 2000 Population 476,230 Broward 2000 Population 1,623,018 Charlotte 2000 Population 141,627 CONTINUUM OF CARE LEAD AGENCY Barbara Wheller Mid-Florida Homeless Coalition P.O. Box 1527 Eustis, FL 32727-1527 P - 352/860-2308 F - 352/726-3280 Mfhc@tampabav.rr.com Rita Dopp United Way of Suwannee Valley 325 NE Hernando Ave., Suite 102 Lake City, FL 32055-4015 P - 386/752-5604 F - 386/752-0105 Unitedwav@bellsouth.net Ms. Susan Golden Collier County, Housing and Human Svs. CDES/Housing and Grants 3301 E. Tamiami Trail Naples, FL 34112 P - 239/213-2901 F - 239/403-2331 Susanqolden@collierqov.net Mr. Richard Reinhardt Highlands County Coalition for the Homeless 155 US Highway 27 South, Suite 1 Sebring, FL 33870 P-863/402-6925 or 863/257-0945 F- 863/452-6882 Richa rd. rei n hardt@fhrch.om Ms. Diane Gilbert, Executive Director Emergency Services & Homeless Coalition of Jacksonville 214 N. Hogan Street, 8th Floor Jacksonville, FL 32202 P - 904/255-8264 F - 904/255-8244 Dqilbert@coi.net 196 CATCHMENT AREAS BY COUNTY Citrus, Hernando, Lake and Sumter 2000 Population 512,760 Columbia, Hamilton, Lafayette and Suwannee 2000 Population 111,706 Collier 2000 Population 251,377 DeSoto, Glades, Hardee, Hendry, Highlands and Okeechobee 2000 Population 229,209 Duval and Clay 2000 Population 919,693 CONTINUUM OF CARE LEAD AGENCY Mr. Tim Ehly EscaRosa Coalition on the Homeless PO Box 17222 Pensacola, FL 32522-7222 P -850/439-3009 F - 850/436-4656 Timehlv@earthlink.net Mr. Rayme L. Nuckles Homeless Coalition of Hillsborough County, Inc. PO Box 360181 Tampa, FL 33673-0181 Admin Office 1102 N. FL. Ave., Suite 203 P - 813/223-6115 F - 813/223-6178 Ravme@homelessofhc.orq Ms. Louise Hubbard, Executive Director Treasure Coast Homeless Services Council, Inc. 2525 St. Lucie Avenue Vero Beach, FL 32960 P - 772/567-7790 F - 772/567-5991 irhsclh@aol.com Mr. Richard Faris Lee County Department of Human Services 2440 Thompson Street Fort Myers, FL 33901 P - 239/533-7930 F - 239/533-7960 Farisrl@leeqov.com Ms. Kay Freeman, Executive Director Big Bend Homeless Coalition 2729 W. Pensacola Street Tallahassee, FL 32304-0907 P - 850/205-6005 F - 850/577-0586 Kfreeman@biqbendhc.orq Mr. Richard Martin Suncoast Partnership to End Homelessness 1445 2nd Street Sarasota, Florida 34236 P - 941/955-8987 F - 941/365-4368 Richard. Martin@suncoastpartnership.orq 197 CATCHMENT AREAS BY COUNTY Escambia and Santa Rosa 2000 Population 412,153 Hillsborough 2000 Population 998,948 Indian River, Martin and St. Lucie 2000 Population 432,373 Lee 2000 Population 440,888 Leon, Franklin, Gadsden, Liberty, Madison, Taylor, Jefferson & Wakulla 2000 Population 376,371 Manatee and Sarasota 2000 Population 589,959 CONTINUUM OF CARE LEAD AGENCY Mr. David Fullarton Marion County Homeless Council, Inc 1401 NE 2nd Street Ocala, FL 34470 P - 352/454-7760 F - 352/732-9608 Execdir@mchomelesscouncil.orQ Mldcfullarton@msn.com Mr. David Raymond, Executive Director Miami-Dade County Homeless Trust 111 NW 1 st St, Suite 27 Floor Miami, FL 33128 P - 305/375-1490 F - 305/375-2722 drav@miamidade.Qov Ms. Wendy Coles, Executive Director Southernmost Homeless Assistance League PO Box 2990 Key West, FL 33045 P - 305/294-9105 F - 305/294-9110 Flshal@comcast.net Ms. Lenore Wilson Okaloosa Walton Homeless Continuum of Care 941 Central Avenue, #941-L Fort Walton Beach, Florida 32547 P - 850/362-8149 RavenLen@aol.com Ms. Catherine Jackson, Executive Director Homeless Services Network of Central Florida 1510 E. Colonial Drive, Suite 201-W Orlando, FL 32803 P - 407/893-0133 F - 407/893-5299 Ciackson@homelessnetworkcfl.orQ Georgiana Devine Division of Human Services of Palm Beach County 810 Datura Street, Suite 350 West Palm Beach, FL 33401 P - 561/ 355-4778 F - 561/355-4801 Gdevine@pbcQov.com CATCHMENT AREAS BY COUNTY Marion 2000 Population 258,916 Miami-Dade 2000 Population 2,253,362 Monroe 2000 Population 79,589 Okaloosa and Walton 2000 Population 211,099 Orange, Osceola and Seminole 2000 Population 1,434,033 Palm Beach 2000 Population 1,131,184 198 CONTINUUM OF CARE LEAD AGENCY Mr. Eugene Williams Pasco County Community Development Division 5640 Main Street, Suite 200 New Port Richey, FL 34652 P - 727/834-3445 F - 727/834-3450 Ewilliams@pascocountvfl.net Ms. Sarah K. Snyder, Executive Director Pinellas County Coalition for the Homeless 5180 62"d Ave North Pinellas Park ,FI 33781 P: 727/528-5763 C: 727/528-5764 sarah@pinellashomeless.orq Mr. Mark Spiker, Executive Director Homeless Coalition of Polk County 830 North Kentucky Avenue Lakeland, FL 33801 P - 863/687-8386 F - 863/802-1436 hpolk@tampabaV.rr.com Ms. Elaine Dilbeck Emergency Services and Homeless Coalition of St. Johns County, Inc. PO Box 3422 St Augustine, FL 32085-3422 P - 904/824-6623 F - 904/824-6361 Homelesscoalition@comcast.net Ms. Lindsay Roberts, CAE Executive Director Volusia/Flagler County Coalition for the Homeless Street Address: 324 North Street; Daytona Beach 32114 Mailing Address: PO Box 6498 Daytona Beach, FL 32122-6498 P - 386/795-1278 or 386/252-9400 F - 386/258-1854 Lindsav@VFCCH.orq Revised May 16, 2007 199 CATCHMENT AREAS BY COUNTY Pasco 2000 Population 344,765 Pinellas 2000 Population 921,482 Polk 2000 Population 483,924 St. Johns 2000 Population 123,135 Vol usia and Flagler 2000 Population 493,175 EXHIBIT B SOLICITATIONS OF APPLICATIONS FOR CHALLENGE GRANTS TO LEAD AGENCIES FOR HOMELESS ASSISTANCE Pursuant to Section 420.622 Florida Statutes, the Department of Children and Families through the Stale Office on Homelessness, hereby solicits applications for Challenge Grants to lead agencies for homeless assislance continuums of care designated by the State Office on Homelessness. A lead agency may be a local homeless coalition, municipal or county government, or other public agency, or a private not for profit corporation. Such granls may be up lo $150,000 per lead agency. To qualify for the grant, a lead agency must develop and implement a local homeless assistance conlinuum of care plan for its designated catchment area. Preference will be given to those lead agencies that have demonstrated the abilily of their continuum of care to provide quality services to homeless persons and the ability to leverage federal homeless assistance under the Stewart B. McKinney Act and private funding for Ihe provision of services to homeless persons. Preference will also be given to lead agencies in catchment areas with the greatest need for the provision of housing and services to the homeless, relative to the population of the catchmenl area. Lead agencies wishing to apply for such Challenge grants may request an application package from: Office on Homelessness 1317 Winewood Boulevard Tallahassee, FL 32399-0700 850/922-4691 The deadline for submission of applications to the Office on Home/essness shall be 5:00 p.m., EDT, on July 2, 2007. 200 EXHIBIT C QUALITY OF SERVICE: CERTIFICATION 1. Chronic Homeless Goals/ Strategies: Past Performance Using information from your 2007 Exhibit 1 Continuum of Care Plan, HUD 40090-1 CoC-V form, Chronic Homeless Progress Chart complete the following calculation, New PH beds for Chronic Homeless (211/06 to 1/31/07) Number of Permanent Beds for Chronic Homeless 2006 Beds Beds Divide the Number of New Beds (_) by the Total Permanent Beds in 2006 (_) to calculate the percentage change in Beds (_%), Documentation Required. . Attach to this form, HUD 40090-1, CoC-V. 2. Continuum of Care Coordination Using information on form HUD 40090-1 ,CoC-P, CoC Coordination chart, indicate the number of questions checked "Yes" on the coordination of homeless planning efforts. Checked "Yes" on (questions 1 ,a. to 3.a) of the eight questions. Documentation Required. . Attach HUD form 40090-1, CoC-P 3. Continuum of Care Project Review and Selection Using information from HUD form 40090-1, CoC-F, Project Review and Selection Chart, seclion 3, Voting/Decision System, indicate the number of methods or processes used by your continuum. Checked_number of the six methods/processes, listed in (a) to (D Documentation Required . HUD form 40090-1, CoC-F, 4. Past Performance: Employment Income Using information reported in your 2007 Exhibit 1 Plan, form HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "employment income" at exit from the renewal projects. This data is reported as "h. employment income" under Income Source, with the percentage calculation reported in column 4, "% with income at exit". _% of Adults with Employment Income at Exit _ Check here if your continuum reported having no applicable renewal projects on the form. Documentation Required . Form HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart. 201 5. Project Performance: Food Stamp Benefits Using information reported in your 2007 Exhibit 1 Plan, form HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart, enter the percentage of clients in all your renewal projects who gained access to "Food Stamps" at exit from the renewal projects. This data is reported as "L. Food Stamps" under Income Source, with the percentage calculation reported in column 4, "% with income at exit". _ % of Adults with Food Stamps at Exit. _ Check here if your continuum reported having no applicable renewal projects on the form. Documentation ReQuired: Same as for 4 above. One copy only required. HUD 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart. 6. Project Performance-551 From your 2007 Exhibit 1 plan, report the percentage of clients in all your renewai projects who had SSI income upon exit from the project. On HUD form 40090-1, CoC-X, report the percentage data as reported in "a. SSI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit." _% of adults with SSI income at exit _Check here if your continuum reported having no applicable renewal projects on this form. Documentation ReQuired HUD form 40090-1, CoC-X, Mainstream Programs and Employment Project Performance Chart. One copy only required for this form from 4 above. 7. Project Performance- 55D1 Using the HUD form 40090-1, CoC-X, from your 2007 Exhibit 1 plan, report the percentage of clients in all your renewal projects who had SSDI income upon exit from the project. Report the percentage data as required in 'b. SSDI" under Income Source, with the percentage calculation reported in column 4, "% with income at exit." % of adults with SSDI income at exit. _ Check here if your continuum reported having no applicable renewal projects on this form. Documentation ReQuired HUD form 40090-1, CoC-X, Mainstream Programs. (Same as required for items 4, 5, and 6 above. One copy only required) 8. Project Performance: Permanency of Housing From your 2007 Exhibit 1 Plan, report the percentage of the clients served with permanent housing who remained in this permanent housing for seven months or longer. Using data reported on HUD 40090-1 , CoC-W, Housing Performance Chart, enter the percentage number reported in section 1, Permanent Housing, item "e" [Percentage of all participants in permanent housing project(s) staying seven months or longer]. _ % of Participants who stayed 7 months or longer. _ Check here if your continuum reported having no applicable permanent housing renewal projects. Documentation Required . Form HUD 40090-1, CoC-W, Housing Performance Chart 202 9. Project Performance: Transition to Permanent Housing Based on your 2007 Exhibit 1 Plan, report the percentage of all Transitional Housing clients who moved to a permanent housing living arrangement. Using the data reported on form HUD 40090-1, CoC-W, Housing Performance Chart, enter the percentage number reported in section 2, Transitional Housing, item "c" [Percentage of participants in transitional housing projects who moved to permanent housing] _ % of participants in transitional housing who moved to permanent housing. _ Check here if your continuum reported having no applicable transitional housing renewal projects. Documentation Required: Same as for 8 above, only one copy is required. . HUD 40090-1, CoC-W, Housing Performance Chart 10. Homeless Management Information Systems (HMIS) Coverage. Using information contained in your 2007 Exhibit 1 Plan's Housing Inventory Charts (HUD 40090-1, CoC-I), fill in the following table, and calculate the percentage of all year round units/beds in emergency shelter, transitional housing and permanent supportive housing that are covered by HMIS, as defined in the instructions to the HUD form. Housing Category HMIS Covered # Year Round Year - Round Units/Beds Beds TOTAL Year Round Individual Family Total Column. 4 Column 1 Col. 2 Col. 3 (1+2) A. Emerqency Shelter B. Transitional Housinq C. Perm. Supportive Housinq D. TOTALS Divide column 3, Total HMIS Covered Year Round Beds, by column 4, Total Year Round Beds, to calculate the percentage of all year round beds for all housing categories that are covered by HMIS. Line D. Column 3 _ divide by Line D. Column 4 _ equals _0/0 of Year Round Beds Covered by HMIS (ALL HOUSING CATEGORIES). Documentation Required . HUD 40090-1, CoC-I, Permanent Supportive Housing . HUD 40090-1, CoC-I, Emergency Shelter . HUD 40090-1, CoC-I, Transitional Housing 203 11. Homeless Population Shelter Coverage Using information reported in your 2007 Exhibit 1 Plan's Homeless Population and Sub-population Chart, complete the calculation below for the percentage of homeless persons that are sheltered in emergency and transitional housing facilities. From HUD form 40090-1, CoC-K, enter the data below and complete the percentage calculation, _ Total Homeless Persons in all Households (With dependent children and without dependent children). _ Total Homeless Persons Sheltered in Emergency and Transitional housing for both households with and without dependent children. Divide the Total Homeless Persons Sheltered _ by the Total Homeless Persons _ to determine the_% percentage of the Total Homeless Persons that are sheltered. Documentation Required . HUD form 40090-1, CoC-K. 12. Expanded Continuum of Care Catchment Area If your 2007 Exhibit 1 Plan has expanded its catchment area by one or more counties that were not covered by a continuum of care catchment area designated by the Office on Homelessness in 2006, please identify the county(s) added. 13. Past Performance: Unexecuted HUD Grants. Using the information reported on form HUD 40090-1, CoC-Z in your 2007 Exhibit 1 Plan, report below the number of HUD McKinney-Vento Act awards announced prior to 2006 that are not yet under contract (i.e. signed grant agreement or executed ACe). _ Total Number of McKinney-Vento Act awards Not Yet Under Contract. Documentation Required . HUD40090-1,CoC-Z. Lead Agency Certification I hereby attest that all information reported above is true and accurate, based upon the evidence and documentation attached hereto, and made a part of this certification. Name of Continuum of Care Name of Lead Agency Name of Certifying Official Signature of Certifying Official Date Signed Failure to provide an original signed certification for quality of service shall be cause for the application to ranked last on the quality of service preference criteria. 204 Failure to attach the "Documentation Required" for any of the items above shall be cause for that item to receive Zero Points. Please check to ensure that all required documentation is attached immediately following this certification in your application. 205 EXHIBIT D LEVERAGED FUNDING A. McKinney-Vento Homeless Assistance Act Grants List each grant award claimed separately under the McKinney-Vento Program, Proqram 1. Homeless Veterans Reintegration 2. Health Care for the Homeless 3. PATH 4. Education for Homeless Children 5. Emergency Shelter Grant 6. Shelter Plus Care 7. Supportive Housing Program 8. Section 8 Moderate Rehab., SRO 9. Emergency Food & Shelter TOTAL GRANTS Grant Amount $- $- $- $- $- $- $- $- $- $- B. Private Cash for Services to Homeless Persons Particioatinq Continuum Aqency 1. 2. 3. 4. TOTAL PRIVATE CASH TOTAL LEVERAGE CLAIMED A. McKinney Act Grants B. Private Cash Lead Agency Certification: Cash Received $ $ $ $ $ $ $ Grant Award Date of Grantor #/Reference Executed Award Letter (attach copy) Source Documentation ( Attach letter from agency chief executive officer on agency letterhead certifying the cash received and the homeless services supported by that cash.) I hereby attest that the above sources of grant and private cash claimed as leverage for this Challenge Grant application, is true and accurate, and that the lead agency has documented the receipt of the grant award(s) and private money leveraged by their continuum of care. Name of Lead Agency: Name of Certifying Official: Title/Position: Signature of Certifying Official: Date Signed: 206 Leverage Ratio Calculations: =$ /1000 oooulation 1. Total McKinney Act Grant + Population of Catchment Area = Ratio Leverage Claimed from Exhibit H Divide the total McKinney Act Grant leverage claimed by the total population of the catchment area (rounded to the nearest 1000 population), to calculate the McKinney Act grant leverage ratio expressed in dollars and cents per every 1000 population of the catchment area. 2. =$ /1000 pooulation Total Private Cash Leverage Claimed + Population of Catchment Area = Ratio from Exhibit H Divide the total Private Cash leverage claimed by the population of the catchment area (rounded to the nearest 1000 persons) to calculate the Private Cash leverage ratio expressed in dollar and cents per every 1000 persons in the catchment area. NOTES: 1. To be eligible to be claimed as leveraged funding the grant award must have been executed, or the private money received, between the dates of July 1,2006 and June 30, 2007. 2. If more than one grant award was received for a specific McKinney Act grant, use more than one line, reflecting each grant award separately, specifying the McKinney Act Program for each line used. FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION ON LEVERAGE IN THE GRANT APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST BY THE REVIEW TEAM ON THE LEVERAGE STATUTORY PREFERENCE CRITERIA. Attach copies of the grant award evidence, as well as evidence of all cash claimed as leverage. Failure to document the leverage claimed shall be caused for that leverage to be deducted from the total leverage in calculating the leverage ratio. 207 EXHIBIT E CERTIFICATION OF ESTIMATED NEED PER CATCHMENT AREA POPULATION 1. Enter the total homeless population from your last three years' of Continuum of Care Plans in the table below. This shall be the Total Homeless Population for individuals and persons in families with children, and shall include both sheltered and unsheltered. Year 2005 2006 2007 HUD Form (Attach forms) HUD 40076, CoC-1 HUD 40090-1, CoC-K HUD 40090-1. CoC-K Total Homeless Pooulation (Persons) 2. Add theTotal Homeless for ALL three years I 3. Divide the 3 Year Total Homeless by 3 to calculate an "Average Total Homeless Population, 2005-2007". Divide Total Number in line 2 above By 3 years to calculate 3 Average Total Homeless Population, 2005-2007 10. Divide the Average Total Homeless Population, 2005-2007, by the population of the continuum's catchment area as reflected in Exhibit H, to calculate the ratio of your homeless population per 1000 persons in your area. = Average Total Homeless Population, 2005-2007 2000 Population of Your Catchment Area, Exhibit H Ratio of Homeless per 1000 persons in catchment area Lead Agency Certification: I hereby attest and certify that the above data is true and accurate; that the above data on estimated needs is based upon a homeless population chart which uses data that (1) represents the housing need for homeless persons in the catchment area on any given night; (2) is true and accurate for the continuum's catchment area; and (3) is derived in accordance with the federal grant instructions. Name of Lead Agency: Name of Lead Agency Certifying Official; Signature of Certifying Official: Date Signed: FAILURE TO PROVIDE AN ORIGINAL SIGNED CERTIFICATION IN THE APPLICATION SHALL BE CAUSE FOR THE APPLICATION TO BE RANKED LAST ON THE NEED PREFERENCE CRITERIA. Attach your 2005, 2006, and 2007 HUD Homeless Population Tables and the narrative/chart describing the methods used to estimate this need. Failure to include this table and narrative/chart shall be cause to score your continuums need ratio as zero homeless persons per 1000 population. 208 EXHIBIT F BUDGET FORM Number of Persons Agency Existing New Homeless To Be Grant Activitv/Use $ Reauested Provider Name Service Service Served 1 2 3 4 5 TOTAL GRANT $ Total Persons To Be Served INSTRUCTIONS Please list your grant activity or use in order of priority. The maximum grant shall be $150,000 in 2007. Only the top four (4) applications shall receive this level of award. All other grants will be awarded at either $100,000, or $60,000 depending on the ranking of the application. Your order of use on this form shall be used to set the approved budget, if your award is at a lower grant level. Alternatively, you may submit three Exhibit F forms; one for each grant award level. 1. Grant Activity I Use Piease use the same title or description used in the narrative, Be sure to identify and list each activity to be funded, if more than one is proposed for funding. 2. $ Requested List the amount of Challenge Grant requested for each activity or use separately and the total amount of the Challenge Grant requested. 3. Provider Name Identify the specific entity, person, or agency to carry out each activity or use of the Challenge Grant Funding. If the lead agency will perform the activity directly, cite the name of the lead agency. If another entity will carry out the activity under contract with the lead agency, provide the legal name of that entity. 4. Existing or New Service Specify whether the activity or use to be funded will support an existing service or use, or whether the funded activity is a new service to fulfill an unmet need. 5. Number of Homeless Persons Served For each activity, identify the estimated number of homeless persons to be served. 209 EXHIBIT G EXPENDITURE SCHEDULE Estimate Draw By Quarter Ending Grant Activitv/Use $ Budgeted 9/30/07 12/31/07 3/31/08 6/30/08 1. $ $ $- $- $- 2. $ $- $- $- $- 3. $ $ $- $- $- 4. $ $ $- $- $- 5. $ $- $- $- $- TOTAL GRANT $ $- $- $- $- NOTE: The funding for the Challenge Grant is state general revenue. It is estimated that no more than 25 percent of the grant budget authority will be released in each quarter of the fiscal year. It may be less than 25 percent. Accordingly, the lead agency shall manage the expenditures to assure that funding available for grant activities is spread across the fiscal year. ALL GRANT FUNDS SHALL BE OBLIGATED, AND SERVICES PROVIDED BY JUNE 30, 2008. FURTHER, ALL CHALLENGE GRANT FUNDS SHALL BE DRAWN PRIOR TO JUNE 30, 2008 AS WITH EXHIBIT F, you may submit three Exhibit G forms to correspond to the three possible grant award levels. 210 EXHIBIT H Population Per Continuum of Care The following data shall be used in this application for calculating the leverage ratio and the homeless need ratio. The data reflects the popuiation of the respective continuum of care areas, rounded to the nearest one thousand persons. Continuum of Care Population (in thousands) North Central Florida Northwest Florida Brevard Broward Charlotte Mid-Florida Suwannee Valley Collier Heartiand Rural Jacksonville Esca Rosa Hillsborough Treasure Coast Lee Big Bend Sarasota/Manatee Marion Miami-Dade Southernmost OkaloosalWalton Central Florida Palm Beach Pasco Pinellas Polk St. Johns Vol usia/Flagler 349 (see Exhibit A) 261 476 1,623 142 513 112 251 229 920 412 999 432 441 376 590 259 2,253 80 211 1,434 1,131 345 921 484 123 493 211 EXHIBIT I NOTICE OF STATUTORY LIEN Notice is hereby given that pursuant to Section 402.73(3) F.S., the State of Florida, Department of Children and Families, hereby asserts and gives notice of a statutory lien in the amount of $. against the following described property: [INSERT LEGAL DESCRIPTION AND STREET ADDRESS HERE] The department has a financial interest in the described property equal to a pro rata portion of the state's original investment in the then-fair-market value for renovations, or its proportionate share of the cost of the construction as compared to the then fair market value of the property upon the completion of the renovations or construction, which interest is in the amount of $ dollars as set out above. The department's interest is to be proportionately reduced and subsequently vacated over a five year period of depreciation unless this lien is satisfied before that time. As a condition of receipt of state funding for this construction or renovation the owner agrees that if it disposes of the property before the department's Lien interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation, Estoppel letters or other information concerning this lien may be obtained by contacting: [insert Title of person to be contacted] at: Deoartment of Children and Family Services Address For the Department: Date: Prepared by: [District Legal Counsell 212 EXHIBIT J Section 420.624, Florida Statutes The 2006 Florida Statutes Title XXX SOCIAL WELFARE Chapter 420 HOUSING View Entire Chapter 420.624 Local homeless assistance continuum of care.-- (1) A local homeless assistance continuum of care is a framework for a comprehensive and seamless array of emergency, transitional, and permanent housing, and services to address the various needs of homeless persons and persons at risk for homelessness. The nature and configuration of housing and services may be unique to each community or region, depending on local needs, assets, and preferences. (2) The purpose of a local homeless assistance continuum of care is to help communities or regions envision, plan, and implement comprehensive and long-term solutions to the problem of homelessness in a community or region. (3) Communities or regions seeking to implement a local homeless assistance continuum of care are encouraged to develop and annually update a written plan that includes a vision for the continuum of care, an assessment of the supply of and demand for housing and services for the homeless population, and specific strategies and processes for providing the components of the continuum of care. The State Office on Homelessness shall supply a standardized format for written plans. (4) Each local homeless assistance continuum of care plan must designate a lead agency that will serve as the point of contact and accountability to the State Office on Homelessness. The lead agency may be a local homeless coalition, municipal or county government, or other public agency or private, not-for-profit corporation. (5) Continuum of care catchment areas must be designated and revised as necessary by the State Office on Homelessness, with the input of local homeless coalitions and public or private organizations that have previously certified to the United States Department of Housing and Urban Development and that currently serve as lead agencies for a local homeless assistance continuum of care. Designated catchment areas must not be overlapping. The designations must be consistent with those made by the United States Department of Housing and Urban Development in conjunction with the awarding of federal Stewart B. McKinney Act homeless assistance funding. (6) The State Office on Homelessness shall recognize only one homeless assistance continuum of care plan and its designated lead agency for each designated catchment area. The recognition must be made with the input of local homeless coalitions and public or private organizations that have previously certified to the United States Department of Housing and Urban Development that they currently serve as lead agencies for a local homeless assistance continuum of care. The designations must be consistent with those made by the United States Department of Housing and Development in conjunction with the awarding of federal Stewart B. McKinney Act homeless assistance funding. (7) The components of a continuum of care should include: (a) Outreach, intake, and assessment procedures in order to identify the service and housing needs of an individual or family and to link them with appropriate housing, services, resources, and opportunities; (b) Emergency shelter, in order to provide a safe, decent alternative to living in the streets; (c) Transitional housing; (d) Supportive services, designed to assist with the development of the skills necessary to secure and retain permanent housing; 213 (e) Permanent supportive housing; (D Permanent housing; (g) Linkages and referral mechanisms among all components to facilitate the movement of individuals and families toward permanent housing and self-sufficiency; (h) Services and resources to prevent housed persons from becoming or returning to homelessness; (i) An ongoing planning mechanism to address the needs of all subgroups of the homeless population, including but not limited to: 1. Single adult males; 2. Single adult females; 3. Families with children; 4. Families with no children; 5. Unaccompanied children and youth; 6. Elderly persons; 7. Persons with drug or alcohol addictions; 8. Persons with mental illness; 9. Persons with dual or multiple physical or mental disorders; 10. Victims of domestic violence; and 11. Persons living with HIV/AIDS. (8) Continuum of care plans must promote participation by all interested individuals and organizations and may not exclude individuals and organizations on the basis of race, color, national origin, sex, handicap, familial status, or religion. Faith-based organizations must be encouraged to participate. To the extent possible, these components should be coordinated and integrated with other mainstream health, social services, and employment programs for which homeless populations may be eligible, including Medicaid, State Children's Health Insurance Program, Temporary Assistance for Needy Families, Food Stamps, and services funded through the Mental Health and Substance Abuse Block Grant, the Workforce Investment Act, and the welfare-to-work grant program. History.--s. 12, ch. 2001-98; s. 72, ch. 2002-1. 214 EXHIBIT K Monthly Status Report 2008 CHALLENGE GRANT MONTHLY REPORT Grant # LEAD AGENCY: REPORT PERIOD - Check one: D Monthly: [month] U Final: If this is your fmal report, the Lead Agency shall attach an evaluation of the grant's effectiveness in achieving the intended purposes. Provide a copy of this report to both your DCF Contract Manager and to the Office on Homelessness. 1. Financial Provide a line item review of the grant funds received and disbursed to sub-grantees for each activity or use contained in your Challenge Grant application. Total Grant A ward to Lead Agency: Total Grant Received by Lead Agency: (grant draws from the Department by the Lead Agency) Total Grant disbursed to Sub-grantees by Lead Agency: List each grant activity/use From Exhibit F of the Challenge Grant application Original Amount Awarded Sub-grantee YTD Grant amount Received by the Sub-grantee Grant Balance Due to the Sub-grantee 1. 2. 3. 4. 2. Progress on Completion ofthe Grant Activity(s) a. For each funded activity, complete the below table showing a comparison of work accomplished to date versus planned timeframes for completion ofthe activity as outlined in your application. Activity/Use from Exhibit F Timeframe for completion according Actual date of completion to the grant application b. Provide detailed explanations for any delays in carrying out a grant activity, reasons for any delays, and steps being taken to assure completion of the activity or use by June 30,2008. c. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2008, list the activitv. explain the reason the activitv will not be comoleted. and describe corrective actions being taken (e.g. amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2008 etc.). 215 3. Performance Measures The Lead Agency shall provide a thorough evaluation of the effectiveness of the Challenge Grant in achieving the stated purpose set forth by the Lead Agency in its application for funding. The Lead Agency shall document progress toward achieving the performance measures outlined in their application. In addition, the Lead Agency shall document and report on the number of individuals served by each funded activity. Provide aggregate totals only. Activity Type of Number of Number of Describe Population Served (e.g. Service ludividuals ludividuals Served Adults, Families, Children, Provided Served for the during Graut Youth, Veterans, general Month Period (to date) nonulation, etc.) Activity Number of Housing Status of Individuals Served" Individuals Emerg. Trans. Own Street Street upon Home of Motel Not able to Other Served Shelter Housing Home Discharge Friend Determine Year to from or date JaillHospital Relative treatment 'NOTE: Housing status ofthe person served at the time they accessed or first received services funded under the 2008 Challenge Grant. CERTIFICATION OF ACCURACY The above information is true and accurate, based upon documentation available for inspection at the offices of the Lead Agency, as of the date executed below. LEAD AGENCY CONTACT: DATE: Print Name Signature 216 ATTACHMENT III The administration of resources awarded by the Department of Children & Families to tbe provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on-site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the department's inspector general, the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends $500,000 or more in Federal awards during its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families. The determination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C ofOMB Circular A-133, as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART II: STATE REQUIREMENTS This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event the recipient expends $500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project-specific audit conducted in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state fmancial assistance expended during its fiscal year, the recipient shall consider all 217 Grant # HFZ23 sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. The schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. PART III: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to the department pursuant to this agreement shall be submitted within 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report, whichever occurs first, directlvto each of the following unless otherwise required by Florida Statutes: A. Contract manager for this contract (2 copies) Robert Farr/Contract Management Unit 2295 Victoria Avenue Fort Myers, FI33901 B. Department of Children & Families Office of the Inspector General, Provider Audit Unit Building 5, Room 237 1317 Winewood Boulevard Tallahassee, FL 32399-0700 C. Copies of the reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directlv to the Federal Audit Clearinghouse designated in OMS Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Auditing Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10" Street Jeffersonville, IN 47132 and other Federal agencies and pass-through entities in accordance with Sections .320(e) and (t), OMB Circular A-133, as revised. D. Copies of reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the recipient directlv to the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 218 Grant # HFZ23 Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six years from the date the audit report is issued and shall allow the department or its designee, Chief Financial Officer or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the department or its designee, Chief Financial Officer or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the department. 219 Grant # HFZ23 Attachment IV 2008 CHALLENGE GRANT REQUEST FOR RELEASE OF FUNDS SCHEDULE In accordance with the terms and conditions of the Challenge Grant Agreement the Grantee has been awarded the amount of $140,000.00 and the Department shall release these funds in accordance with the following schedule, subject to the availability of funds: AMOUNT DATE Februarv 28. 2008 $50.000.00 April 01. 2008 $50.000.00 $40.000.00 June 01. 2008 For each payment request the Grantee shall prepare and submit a request for release of funds on the Grantee's stationary. 220 Grant # HFZ23