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Agenda 10/25/2011 Item #16D 6W 10/25/2011 Item 16.D.6. w arfu __ Beeommendatloe as aemoriu the Bootleg, Hamu @ vetene Services Department (HENS) to enlumm Comer Caoryi eo wading role u 1M U.& Department of Bossing and Betas Development's (H ) dvtlgaakd lad Agency be the Caodnem M Care ]'ragmen so Cobb Cpa.ry. 'pMa who Comp wen Me C the arum a Care of Cooler cos.tY and are nonring a mrpontlaos wha W Wit the Casnnsem W Can LeW (COC). 6Me Bo men bsieg a rtwmmmdaden u m whether m emsieee u the ]ad Ageuy m me Bmrtl (u farther coaaidmatiaa ORrvC'f : That th BmM"pomm Me HOUMI& Htww @VeNmnS icm Depemont(f S) m enlotle Collin County's cm Waning role AS the HI1D desigded lad Agency fun Me Cpmimmn of Care Progm inC011in Cpwty. CONSWERA'[SONS' On May 27, 2003, the Boyd appmum an AMarrent a epririog the Countym Gnome the lad Agency aW apply m HUD as bahelf of the Caarq,s sooal unite sgacim fm Me of Me CorWly seal Can Hamdessiat slime (CMouse.. ThistllmvedlHNStn applY.a behalf of dae ssamry eM Me Cowry's . sepia agencies, fm the amend Cmdlswm of Can (Cae) dImM c usidavice Date from HUD. Following mpM1e6a of the Agrednent, Collier Cwmty wen d¢i ®mend m the lad Agency pmum b the CoC Plan eM in Bond epplicad®a gvsnaR m Satin 420.624, Florida Stnws. Slm Collier County Hunger and Homeless CoaliYw(CCHHC)has rcca y arynemed as mauve BeCd lad Agency role. Coker County woWd be amer:ebk m tltla opdw m adminisbmim fimde Bathe CaC grmo lap furry stWatt im slamng regeirmenLL Due m teem re AMU in federal fi& Ma HHVB ern w Imger h, e d 1ic&ed aaff aPP d m aappM C lad ty's role mM £ends the . ne timely. As such, HHVS seeks BmN approaW m evalmb Collier Canry's role m ].end Agcy. The evalsmiw will ivclude cooNituuov with CCHHC nisi a review OftlN steps HUD requires m acsmpiieM1 aecemfW rdimlydaFwmsoftlel xad Agency role alwgwiM etrwidm dmeliae, pnivg that in[aim dme period emff rec ®ma:ES that tlx COC Ized Agncy role cwdnae Rsga'as gMPALT: Na gneml fiends m eemoaedwNs Mir saryea. GROWTBMANAgLMENTD1IPACT• Nana • °i•AD CONSmE1flof ONS The M its is a policy choirs. H, Me a review sf tM report, dill Bmst dvectsthat Coma County rcliaWSh is rolem. read Agensy, the Canty Attmmy Mae will msiot sniff with implemendrtg the Bend's dhe:Ww. This inn is IegllY suficimt aW r lsirm a myarity mom. -HfW RECOMMENDATION That tlse BOW mdhwim HHVSbevdwrc Collie W�..''9 caWVUing role W HrdD's desiMmmd Lead AMU fu ties Cmimnnn of Cm Program in Collier Cowry wd bring a rcem Massa u m whether b cprWm m Me l AMU to Me BoW for fimhrr areidsmtion. PRBPARBD BY: Meng Cutoe Cnems Merger, Basing, Hmun amt Vamw Ben = Packet Page -20T1- 10/25/2011 Item 16.D,6. COLLIER COUNTY (bard of county Commissioners Item Number: 16.D.6, Item Summary : Recommendation to authorize the Housing, Human & Veteran Services Department (HHVS) to evaluate Collier County's continuing role as the U.S. Department of Housing and Urban Development's (HUD) designated Lead Agenryfor the Continuum of Care Program in Collier County. This evaluation will review the collaborative efforts of Collier County and the nom profit corporations who comprise the Continuum of Care P606 (CoC1. Staff will then bring a recommendation as to whether to continue as the Lead Agency to the Board for further consideration. Melling Date: 10/25/2011 Prepared By Name: Ca tmereMargo Title VALUE MISSING 1006/2011 9 3236 AM Submitted by Title: VALUE MISSING Name. CastorenaMargo 10/612011 9:3798 AM Approved By Name: Ackernmut ria Date 10/72011 9:05:39 AM Name GramKimheriey Title: interim Director, HHVS Date: INK011 6.00 19 PM Name: Nelamilona Title: Administrmive ASSIStent SenlogParks & Recreation Di 10 /ID2011 9.27 43 AM Packe Page 2072 - Name: FoordMarlene Title Grant Development & Mgmt Comilinater, Drams Date. 10/10/2011 3:2433 PM Name Whlmlennifer Title: Assistant County AtlomegCounN Attorney Date: 10/10/2011 3:39 09 PM Name'. RamseyMarla Title: Administrator. Public Services Date 10/13/2011 116:41 PM Name: WM1Oelcmdfu Title Assi9ant County AttomegCounN Attorney Date'. 10/1 3 /2 01 1 3:3]:56 PM Name: KlavkowJeff Title'. County Attorney, Dam'. 10114/2011 I I:i936 AM Name: SmnleyTherese Title'. Mmagemen/udget Analyst,Seniou.OtiuofMav ent &Budget Date'. 10114@011 3'.4021 PM Name: PryorCheryl Title'. Management/ Budget Analyst Senior,OfliceofMamgement &Budge Date: 10/11,!0111;09'. 11 PM Name: OdaTeo Title'. County Manuger Date 10117R011 3'34:31 PM Packet Page -20A- 10/25/2011 Item 16.D.6. n 10/25/2011 Item 16.D.6. MEMORANDUM Date: May 28, 2003 To: Jansen Person -Coale HUD Grants Coordinator, Collier County Financial Administration & Housing From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Lead Agency Agreement behveen BCC and Collier County Hunger and Homeless Coalition Enclosed please find Mro (2) original documents and one (1) Cerfified copy as referenced above (Agarde Item #16A6) as approved by the Board of County Commissioners on Tuesday. May 27, 2003. If you should have any questions, please call me at T/4 -6406. Thank you. Enclosures Packet Page-2074- 10125/2011 Item 16.D.6. ORIGINAL `Lead A ' A Between COLLIER COUNTY BOARD OF COMMISSIONERS COT T R COUNTY RUNGERAND HOMELESS COALYTION Effecfiv D •:' M� 29 2003 Providing fm SUPPORT HOUSING PROGRAMS, SHE= PLUS CARE, SINGLE ROOM OCCUPANCY, OPERATIONS, AND ADM STRATTON PROTECTS OftOe HUD CONTDWUM OF CARB HOMELESS ASSISTANCE PROGRAM Packet Page -2075- 10/25/2011 Item 16.D.6. This Agremaem IS entered into this 214 day of between: COLLIERCOUNTYspolitical subdivision-Fayef o o. 2003, by and and CDmmisaioners, r refmM m "COUNTY,^ thm,gh its Homdmaf COUNTY AND Collin COUNTY Hunger & Homeless COALITION, a 501 (c) (3) nonprofit orgardranom its successors mul assigns, hereinafter referred m I "COALITTON', and Gamees, then successors and assigns, hereinafter referrN to as-PROTECT SPONSOR g)", WHEREAS, Collier COUNTY has entered into an agreement with the COALITION m act as rho Lead Agency for the Continuum of Care (COC) for the execution of an Fxhibit I grant, oversight of the developmem of Rahibit D grebes; and if awarded, the fiscal mamgemem and monitoring of all projects awarded funding under rise CDC from the U.S. Dels,.evt of Housing end UNso Development (HOD) and the rtrte of Florida Homeless Challenge and Housing Aasistmce Grants; Dad ce+tnin Whagffgwg, pursuant m the aforesaid agreement. Collier COUNTY is undertaling WOORM use CDC funds for such uses "spm`f by HUD the awarding OfICOC �ds, and avvely WHEREAS, pmmem m Florida Starnes Section 420.624 (4), ned HUD CDC Nonce of Fundi ng Availability (NOFA), each community such as the COUNTY must designers a lead agency that will serve as the point ofcomart and accountability of CDC gents; and WHEREAS, Collier COUNTY and the COALITION entered into an ageemem which desigrmtes Collier COUNTY as the CDC Lead Agency on behalf of the COA MON; and WHEREAS, Collier COUNTY and the COA MON intend m implement such undertaking of the CDC Gram Frogman as a worthwhile public purpose for a period of three (3) years beginning with the 2003 HUD CDC NOFA submission through the 2005 HUO C.0 NOFA submission with a review Of the process performanm to be undertaken by the COUNTY and COALITON m mutually determine the future of this Agreement. NOW, in considembon ofthe mutual promises and covenents herein contained. the Parties harem agree as follows: L Scopeofgervices: A. The COUNTY agrees to the following: i. Financial Administration and Housing (FAH) Departinem son, 11 be .� responsible for the preparation aM submission, including all costs Packet Page 2076- 10/25/2011 Item 16.D.6. therein, of the amcai CoC Exhibit I application to HUD with the ^ activeassistanceoftbe COALITIONCoordinator. berfeabsenceoft, Comdimebr, the CoC Committee Chao or her/his designee will he responsible for providing active assistance to FAH Department gtaffin the preparation of the CoC Exhibit I. ii. Collier COUNTY will submit the CoC Germ Application Package to HUD ae a Cove"fidhted Appltcm on in accordance with 24 Code of Federal Hegulmiom (CM) Part V said section 426 of the McKinney Am (42 U.S.C. 11386). iii. Per the U.S. 24 CFR at 583.135 (a)(b), the FAH Department will split by fifty percent (5055) the administrative fee of five percent for admimispstve cores msecdaW with the COC application wfih each yfaoteg. These toms include the corks assecimw with sentencing for the use of grant hovels, preparing reports for submission to HUD, Obtaining program audits, similar was rdatal to advdrdrtering the Want after the award, and maff salaries associated with these administrative costs. iv. Collier Courtly FAH Depmtme it as the Lead Agency, will assume all responsibilities see foM by HIND for the follow -up, regulation, and monitoring Of COC grant reciPimta commencing wrtb the 2003 CoC application submission All activities undertaken for such Project(s) shall be in accordance with HUD miss mad regulations, includng bee nut IimitM W compliance with Title IV of the Stewart H. McKinney Homeless Assistance Am (The McKinney Act, 42 U.SC. 11381- 11389) and the general HUD requirements of 24 CFR Part V and specific requirements of24 CFRPart 583. v. It will be the responsibility of the COALITION to follow -up and monitor all applicable COC grant recipients prior to the 2003 application award in accordance with HUD rules and regulations, including but not limited to compliance with Title IV ofthe Stewart li McKinney Homeless Assistance Act The McKinney Act, 42 U.S.C. 11381- 11389) aM the general HUD requiremmta of 24 CFR per V and specific requirements nf24 CFAPan 583. vi. FAH Department COI3NTY staff will be respomibie for the preparation and submission, including all wars therein, of the State of Florida Homeless Challenge and Housing Assistance Groats (HAG) issued by the Florida Office on Homelessness and administered through the Department Of Children and Families, as long as these require submission by the CoC Lead Agency, with the active assistance of tee COALITION Chordimator. In the absence of a Chordlnmaq the COC Committee Chair or her/Ids designee will be Packet Page -20f]- 10/25/2011 Item 16.D.6. responsible for providing wive azsismvce to FAH Depattmem amffin the Prepmetion of the State Challenge and Housing Asaimmce Grange_ vii Per State Office an Homelessness guidelines the FAH Department Will split by fifty Percent (50bi) any allowable adnamism ive fees each atM with the receipt of State Challenge w HAG grants with each gmmce. viii. FAH ataff will continue In attend and meetings Participate in COALTION tting, m help facilitate wmmuwcation of C C goals and objectives to COALH'fON membership, explun the C.0 pr jam application eligibility usmirammty and Provide techvicm easimmme to COALITION ON aptificaur; where apprpdma FAH staff will also aaaim the COALITION Coordinator and COC Committm Chair in the faci➢tation of COC meetings; setting of COC coati r documanmtion of COC accomplishments and communication agenaket of ChC information b COALITION members. B. The COALITION agras tithe following: i. The COALITION will select a member to are as the CoC Committee ^ Chan to work wllaborativelY with the COALFHON Coonzar and FAH staff to haulage CoC meetings; set and domwem CoC goals and objectives for inclusion in the Exhibit I application; make presam embers m monWy Hunger & Homeless COPLMON meetings about the COC process and gerorally be available to answer questions and provide assistance to COALf110N memos, participating in the COC process. The term of Ws position is at the discretion of the COALITION, but 'i's recommeMed the minimum tenum be for one COC fiscal year. The COALITION Cwrdwamr, COALITION Chair, and CoC COmmittw Chav wJl work proactively with FAH mall to wbarmlCme the importance of the COC process to COALITON members as well as to solicit member participation to the COC wmmimse process and the submission of eligible p jema for annual submission to HUD. This pmposal ONLY applies to the preparation and submission of the Fxhibit I portion of the CoC appliwtian. The preparation, smd all Corns therein, as well as any submission costs of individual Exbibh H applications, will be the sole responsibility of the applicant orgawzaeon. It will further be the sole responsibility of all Exhibit H applicant orgmirmons to ensure the wmplatexss aM timeliness of Packet Page -20]8- 10/25/2011 Item 16.D.6. thew individual applications be the COC review committee by ^ established proms deadlines. w. Per EIUD guidelines, the CoC grant application review committee , which is appointed by the CoC Committee, wili renew and enk ell eligible EaWbk H applications prior to education to the BCC and tIL1D. Once this process is complmed, it is this final recommendation that will go to the Board of COUNTY Commissioners (BCC) for approval before final submission of the complete application package to HUD_ The submission to the BCC requires an application process timeline Nat allows for BCC approved in suffrciem time to meet the HUD deadline. Theodore, the local deadline for COC P hiIbit H application submiseman m the COC Review Committee will be determined based upon the HUD deadline and BCC meeting schedule. All Exhibit H appficatioe not mbndtted to the local CoC Renew Committee by the deadline established by the Lead Agency will net he accepted. v. COALITION through the COC Commence adult be responsible to hobrm effected passe a the beoef a policies and procedures provided for under ITUD rules and regulations making au COC applicants aware that a CoC fuMei activities must h earned out in ^ accordance with HUD rhea and regulations, including but not limited N compliance with Title IV of the Stewart B. McIturn" Homeless Auistance Ad (The McKinney Act, 42 U.S.C. 11381- 11389) and the general HUD requirements of 24 CFR Part V and specific requhemems of24 CFR 583. vi. Stale Challenge med Housing Assisunce Applications once completed will be presented to the COALHION Steering Commence for review and approval. Once these are approved, these spplicatione will go to the BCC for approval prior we final submission m the State Office no Homelessness. The submission to the BCC ra{uves an application Process timeline that allows for BCC approval in autficient time to men the State deadline. Therefore, the local deadline for glaze Challenge and HAG application submissions to the COALITION Stewing Committee will be determined hued upon the State deadline and BCC meeting schedule. Any Challenge and FLAG application information not submitted to the Leml Agemy by its' established deadline will not be accepted w incorporated into these Want applications. vii. In the circumstance that there are no eligible Exhibit H applications Presented W the CoC Committee by the first established deadline, it will be the responsibility of the CoC Committee with the assistance of Packer Page-2079- 10/25/2011 Item 16.D.6. ^ the FAH Depmtmem to actively Pursue eligible applicants and off tuhnicel "s meone to therm in developing ere eligible applicazion. If no quelided applicants come forward, the Coe Committee will need = notify [he COALTI'ION that w Coe application will be amounted to cFlOD end the membership must be apprised of the pmummi quevicea, if my. viii. ih¢ COALMneN=rough the Coe Committee will dill be requ'mad to complmo some amual Axldbit T components, specifically the Homeless Census, gepo analysis, and HM[S implementation, oordiamion, and mresponsible Then the armdy Homeless Come mainly t we that are vel orent for e H US sy Homeless Come activity at well m s, development Of the HMIs system ao pert of the ovemo CoC process. This monuments nl includes an changes to the wrtwt resell the ity for these temporises or any athiy tea necessary e to fulfill the process, of Chace wmvonevfs az they relate m the CoC Application process. ix. CDC Prolem Sputum (grantees) shall agree to Participate in the COALMON RM once implemented and decogruted as the dinat information collection and data axchange storm, Per HOD guidelines. Once the Collier HUdfS Network is fully functioned, PROTECT SPONSOR (S) shell share cumin china iNbrmation, upon written ^ authonmtion of cbem, wi= other homeless mutant of care and human services providm in the Collier HMIS Lon[Of c es is demmdved by the COA MON FMS Committee CNeOve ds a; is Project Sponsor (s) mall provide any and all client information and reports ro{wred by COUNTY in order re measure omoomm and obtain adminim mw data for inclusion in the Annual Anion Plan road fivo-year Consolidated Plan a well as any other mpmdag that may be required by HUt, x. COALITION shall mnually provide to COUNTY a listing of its current Board of Directors (Steering Committee) wi= terms and cuumt correct information, which shall be updated at the membership change. X' . Coe Project Sponoor(s) agrees to provide COUNTY wi= all appropriate supporting documentation Or substantiate the funds used All funds shall be expended in accordance with the tenas of this Agreement and ell mine and regulations of HUD pertaining to Coe funding, as well as my other applicable County or State laws or regulations. Packet Page 2M- 10/252011 Item 16.D.6. M INDEMNIFICATION: COA ffm bt dull at all times hereafter indemnify, hold ^ hamdess and, at the County Attorney's option, defend or pry for an MOTMY selected by the County Adomey to defend COUNTY, its officers, agents, servants, and employees against any and all claims, Iowa, liabilities, and expenditures of any kind, including attoory fees, court ism, and expenses, connect by act, nominee or negligence of PROJECT SPONSOR (S), its employees, agents, servants, or officara, or veering resulting from, or related to the Subject matter of this Agreemtert including wiNom limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions ofens; section shall survive the expumion or earlier termination of this Agreenens. To the a trot considered necessary by COUNTY FAH Department staff and the County Au0rmY, any auras due PROJECT SPONSOR under this Agreement may be retained by COUNTY Mail all of COUNTY'S daima for indemnification pursueat to this Agreement have been senled or othuwise resolved; and any amount whhbeld shall not be subject to payment ofintaest by COUNTY. Id TERM OF AGREEMENT: The teen of this Agreement shall begin on the doe it is fully executed by COUNTY end COAUTJON noting in three (3) years with the admission of the 2005 COC application, At that time, a mutually agreed upon review of the collaboration to daze would M complered with a goal to teemine if, this Agreement will be continued. W. TERMINATION: This Agreement is subject to the availability of funds. Should funds no longer be available from HUD, this Agreement shill terminate upon no less then thirty (30) days wtiw is writing to PROJECT SPONSOR Notice shall be delivered by certified mail, return receipt requested, or in pries, with proof of delivery. COUNTY shall be the final authority as to the availability offisnds. V. CONFLICT OF MTEREST: PROJECT SPONSOR (S) covermms usst no person who Presently exercises any Simmons; or responsibilities as connection with the Project (s) has any personal financial interest, for one (1) year thereafter. Any possible conflicting interest on the part of PROJECT SPONSOR (S), its employees, or agents, shall be disclosed in writing to the COUNTY. U. SEVERABILITY OF PROVISIONS: to the event this Agreement or a portion of this Agreement is found by a wort of competent jurisdiction to be invalid, the rennumag provisions will continue to be effective uNess COUNTY or PROJECT SPONSOR (S) elects to terminate this Agament. An elation to terminate this Agreement based upon this provision shall be made.vrthm seven (7) days after the finding by the court becomes final. VII. ENTIRE UNDERSTANDING: This Agreement and its provisions merge any prior agaments, if my, beween the parties hoed and memories the entire eodenceseding. The parties hereby acknowledge that there have been east are no representations, warranties, covemnts, or urdertaY'ngs other they those expressly set forth herein. Packet Page -2081- 10/25/2011 Item 16.D.6. WITLESS wrHana:ana Saa on t6, Lkday or—ff@�, 2003. COLLIER COUNTY HUNGER & HOAELESS COALITION (CORPORATE SEAL) BV: dory Soucek Chvr BY Pev uno, ice v HOARD OF COUNTY WO SSIONERS OF CO t ¢q 0e N '( p OKMA By .�✓/ //V_ TOM HENNING, CHAIRS 'rMN Ascotant County Attomry G `91M Gaptt2pp203CoCLLCatlggmglCwuny CCHHC 4S7VCnen 3 -25-03 dac Packet Page -2092-