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Agenda 09/28/2010 Item #16D 2 Agenda Item No. 16D2 September 28, 2010 Page 1 of 17 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SAWCC) providing for a $113,000 Housing and Urhan Development (HUD) Continuum of Care (CoC) homeless assistance grant to aid with the cost of daily operations and supportive services provided by SA WCc. No general funds are being utilized for this CoC project. OBJECTIVE: To approve and authorize the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SA WCC) providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (Coe) grant to aid with the cost of daily operations and supportive services provided by SA WCC. CONSIDERATIONS: The Collier County Department of Housing, Human and Veteran Services (HHVS) proposes to provide $113,000 in CoC grant funds to SA WCC to support the cost of their daily operations and supportive services. At the May 27, 2003, BCC meeting, the Board gave approval for the County to become the Lead Agency and apply to HUD on behalf of the County's social service agencies for the annual CaC homeless assistance grant. On December 15, 2009 (Item 1603), the Board approved the after the fact submission of a Continuum of Care (Coe) grant application to HUD for three projects requesting $330,761 for homelessness funding. On December 23, 2009 HUD notified the County that it had received CoC funding in the amount of $330,761 as requested. On April 27, 2010 (Item 16010), the Board approved acceptance of the CoC grant award from HUD totaling $330,761 and approved the associated budget amendments to recognize the funding associated with this award. As part of this award, SA WCC will receive funding in the amount of $113,000. This award was held until the expiration of the previous CoC grant award to SA WCC, which expired on July 23, 20 10. FISCAL IMPACT: Approval of this subrecipient agreement will provide a HUD CoC grant in the amount of $113,000 to the SA WCC. There are no administration funds for this project and all funds are passed through to SA WCC. No general funds are being utilized for this CoC project. GROWTH MANAGEMENT IMPACT: This project will benefit low income residents in Collier County which is consistent with the goals and objectives of the Housing Element of the County's Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action. - JBW RECOMMENDATION: To approve and authorize the Chairman to sign a subrecipient agreement with SAWCC providing for a $113,000 Housing and Urban Development (HUD) Continuum of Care (Coe) grant to aid with the cost of daily operations and supportive services provided by SA WCC. Prepared by: Nick Green, Grants Coordinator Housing, Human and Veteran Services Department Agenda Item No. 1602 September 28, 2010 Page 2 of 17 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D2 Meeting Date: Recommendation to approve and authorize the Chairman to sign a subrecipient agreement with the Shelter for Abused Women & Children (SAWCC) providing for a $113,000 Housin9 and Urban Development (HUD) Continuum of Care (CoG) homeless assistance grant to aid with the cost of daily operations and supportive services provided by SAWCC. No general funds are being utilized for this CoG project. 9/28/20109:00:00 AM Prepared By Nick Green Grants Coordinator Date Housing & Human Services Housing & Human Services 9/10/20104:50:11 PM Approved By Marcy Krumblne Director" Housing & Human Services Date Public Services Division Human Services 9113/201010:00 AM Approved By Marla Ramsey Administrator" Public Services Date Public Services Division Public Services Division 9/14/201011:53 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 9/14/20102:21 PM Approved By Marlene J. Foord Grant Development & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 9/14120102:49 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 9/14120104:34 PM Approved By Jeff Klatzkow County Attorney Date 9/16/201010:01 AM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 9!16f2010 10:29 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 9118/20101:43 PM Agenda Item No. 16D2 September 28, 2010 Page 3 of 17 AGREEMENT BETWEEN COLLIER COUNTY AND SHELTER FOR ABUSED WOMEN AND CIDLDREN Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL0295B4D060802 THlS AGREEMENT, is entered into this day of 200-, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and the Shelter for Abused Women and Children (SA WCC) a private not-for-profit corporation existing under the laws of the State of Florida, having its principal address as P.O. Box 10102 Naples, FL 3410land its Federal Tax Identification number as 59-2752895, hereinafter referred to as ("SUBRECIPIENT"). WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective November 23, 2009 and entered into an agreement with the SUB RECIPIENT to act on its behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Continuum of Care (CoC) Supportive Housing Program (SHP), pursuant to the McKinney Homeless Assistance Act, ~ 42 USC 11381-11389; and WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this Agreement, and WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at risk of being homeless; and WHEREAS, the Collier County Department of Housing, Human and Veteran Services (HHVS) further agrees that it will use due diligence in supervising the SUB RECIPIENT to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, HHVS desires to engage the SUBRECIPIENT to implement such undertakings of the CoC-SHP Program as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: DEFINITIONS AND PURPOSE: A. DEFINITIONS (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "HHVS" means Collier County's Department of Housing, Human and Veteran Services, and where applicable, its authorized representative(s). (3) "HHVS Approval" means the written approval of the HHVS or its designee. (4) "SUBRECIPIENT" means the Shelter for Abused Women & Children or (SA WCC) and where CoC SA WCC FL029584D060802 Operations and Supportive Services Page I of 15 Agenda Item No. 1602 September 28,2010 Page 4 of 17 applicable its authorized representative(s). (5) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "Project" means the work contemplated to be perfonned as set forth in Exhibit "A." (7) "SHP" means Supportive Housing Program. (8) "Beneficiaries" means persons who are homeless or at-risk of homelessness. ARTICLE TWO: SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as detennined by HHVS, perfonn the tasks necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement between HUD and Collier County shall be July 24, 20 I O. Subrecipients are authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHVS prior written approval. The services of the SUB RECIPIENT 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 July 23,2011. Any funds not obligated by the expiration date of the Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUB RECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, detennined by the COUNTY, in an amount not to exceed exceed $113.000.00 (ONE HUNDRED THIRTEEN THOUSAND DOLLARS) for the services described in Exhibit "A" of which, $113.000.00 (ONE HUNDRED THIRTEEN THOUSAND DOLLARS) will go to the Shelter for Abused Women & Children with $0.00 (Zero DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration. The amount of $0.00 (Zero Dollars) to be retained by Collier County for grant administration. In the event the project costs exceed the stated amount, the SUB RECIPIENT shall be responsible for the excess. B. All improvements specified in Exhibit "A" shall be perfonned by SUB RECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. SUBRECIPIENT shall be responsible for providing match funding. SUBRECIPIENT shall not seek reimbursement from the COUNTY general funds for this match funding. The SUBRECIPIENT may be eligible for other federal grant opportunities. ARTICLE FIVE: PA YMENTSINOTICES A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by HHVS using HUD funding. Payments will be limited to items in Exhibit "A." CoC SA WCC FL029SB4D060802 Operations and Supportive Services Page 2 of!5 Agenda Item No. 1602 September 28, 2010 Page 5 of 17 B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPlEN1 shall notify HHVS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHVS within forty-five (45) days of said official notification. C. The SUB RECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. D. The SUBRECIPIENT shall submit payment requests to HHVS 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'slvendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall the HHVS provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumera,ted documentation, and approval by the SUBRECIPIENT Chair or designee, payment shall be made by HHVS. 4. All notices required to be given under this Agreement shall be sufficient when delivered to HHVS at its office, presently located at 3301 E. Tamiami Trail Bldg. H, Suite 21], Naples, Florida 34112, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (I) of this Agreement. E. All disbursements by the SUB RECIPIENT must be fully documented to HHVS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE NINE herein below. F. The SUBRECIPIENT shall render a final and complete statement to HHVS of all costs and charges for services not previously invoiced. HHVS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT incurred after July 23, 2011. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 583, of the HUD regulations concerning the Supportive Housing Program and all federal regulations. LOCAL AND FEDERAL RULES. REGULATIONS AND LAWS The SUB RECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: I. 24 CFR 583, as amended - The regulations governing the Supportive Housing Program. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC S 2000d, el. seq. 4. 24 eFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page 3 of 15 Agenda Item No. 1602 September 28,2010 Page 6 of 17 5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC ~ 2000e, et. seq. 7. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). II. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 12. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shalI be subject to BUD Lead-Based Paint Poisoning Prevention Act found at 24 . CFR 583.330(d). 13. In accordance with the requirements ofthe Flood Disaster Protection Act of 1973 (42 USC 4002), the SUB RECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said .- flood insurance. 14. projects. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federalIy assisted 15. Public Law 100-430 - the Fair Housing Amendments Act of 1988. 16. OMB Circular A-133 - concerning annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 19. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilateralIy terminate this agreement immediately, 21. Chapter 112, Florida Statutes. 22. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page 4 of IS Agenda Item No. 1602 September 28,2010 Page 7 of 17 Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and CounlJ Administrative Procedure 5311. 23. Order of Precedence - In the event of any conflict between or among the tenns of any of the Contract Documents, the tenns of the Agreement shall take precedence over the tenns of all other Contract Documents, except the tenns of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the tenns of the Contract Documents cannot be resolved by application of the Supplemeutal Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. Dispute Resolution - Prior to the initiation of any action or proceeding pennitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of SUB RECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall ~attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached at mediation to COUNTY'S board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under ~ 44.102, Fla. Stat. ARTICLE SEVEN: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD and the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HHVS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUB RECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HHVS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUB RECIPIENT 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. CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page 5 of 15 Agenda item No. 1602 September 28, 2010 Page 8 of 17 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. HHVS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre-audit and post audit of all expenditures. B. The SUBRECIPIENT shall maintain records showing compliance with federal and local purchasing requirements and with other requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of CoC-SHP activities and funds. All audits covering the use of CoC-SHP funds shall be provided to the HHVS Grant Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HHVS Grant Coordinator or HUD, may deem necessary. HHVS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HHVS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HHVS with monthly status reports no later than the I01h 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. SUB RECIPIENT will be required to submit its Annual Performance Report (APR) to HHVS by May I" of each year through the end of the grant. Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. HHVS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHVS, or HUD at any time. The SUB RECIPIENT will be required to submit to HHVS a written attestation they are not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension" by July I" of each year through the end of the grant. AUDITS AND INSPECTIONS At any time during normal business hours and as often as HHVS, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHVS, or HUD, or the Comptroller General for examination all its records with respect to all matters covered by the Agreement. CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page 6 of 15 Agenda Item No. 1602 September 28,2010 Page 9 of 17 The SUB RECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertain> 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-I 10 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to HHVS. In the event tbe SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUB RECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HOD REOUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. PRIOR WRITTEN APPROVALS (I) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of$I,OOO or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by CoC); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "'A"; and (6) All rates of pay and pay increases paid out of CoC funds, whether for merit or cost of living. ARTICLE ELEVEN: CONTRACTS All contracts made by the SUB RECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. ARTICLE TWELVE: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to COC-SHP activities assisted under or who are in the coe SA wee FL0295B4D060802 Operations and Supponive Services Page 7 of 15 Agenda Item No. 16D2 September 28,2010 Page 10 of 17 position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a COC-SHP assisted activity, or have a fmancial interest in any contract, subcontract or agreement with respect to an COC-SHP assisted activity or with respect to the proceed of the COC-SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUn guidelines, directives, and objectives, Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FOURTEEN: INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County, and its officers, employees from any and all liabiiities, ctaims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorney' fees and paralegals' fees, whether resulting from any claimed breach of the Agreement by SUB RECIPIENT or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of SUB RECIPIENT or anyone employed by the SUB RECIPIENT in performance of this Agreement. ARTICLE FIFTEEN: TERMINATION In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to HHVS or the COUNTY. In the event of termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is determined. I. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) coc SA WCC FL0295B4D060802 Operations and Supportive Services Page 8 of 15 Agenda Item No. 1602 September 28,2010 Page 11 of 17 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 tenninated, this Agreement shall be suspended or tenninated effective on the date that HUD specifies. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as detennined by its insurance agent through a site visit and by providing a copy of COC-SHP grant application and the scope of the project in Exhibit "A." The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HHVS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this Agreement. The SUBRECIPIENT at its expense must purchase additional coverage if it is so detennined upon presentation of the report through the completion of the project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The SUB RECIPIENT shall agree to maintain physical damage coverage for a period not less than ten (J 0) years with deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any deductibles, self-insured retention or uncovered losses. The SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured _ Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners. a Political Subdivision of the State of Florida. its Officers. Employees. and AlJents. c/o Department of Housing. Human and Veteran Services". The SUB RECIPIENT 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 ofHHVS, ARTICLE EIGHTEEN: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHVS will provide a resale certificate to be completed by the SUB RECIPIENT whereby SUBRECIPIENT represents and warrants that it has CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page 9 of 15 Agenda Item No. 16D2 September 28, 2010 Page 12 of 17 filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemniJy and hold harmless the COUNTY and/or HlNS from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the COC-SHP grant. ARTICLE NINETEEN: NON-ASSIGNABILITY Pursuant to 24 CFR 583.405, the SUBRECIPIENT may not assign this Agreement without the prior written consent of HlNS and HUD. ARTICLE TWENTY: ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. WITNESS our Hands and Seals on this day of ,20 A TrEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ,Deputy Clerk By: Fred W. Coyle, CHAIRMAN - Dated: (SEAL) First Witness Shelter for Abused Women & Children ~~ N:G..<.>\e M""Ie-, Type/print witness name By: ;;::?~ Subrecipient Signature L-/l/LJ...<J c:?~;;"e,i,lA""'~ 6€'",-w,?,,;v'''- j),A.r~r".({ Type/print Subrecipient name and title Second Witness ~cb-/ T;;Jfnt~L}~!mr:' ~ Approved as to form and legal sufficiency: ~1JUv nifer White Assistant County Attorney CoC SA WCC FL0295B4D060802 Operations and Supportive Services PagelOofl5 Agenda Item No. 16D2 September 28, 2010 Page 13 of 17 EXHIBIT" A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMEN & CHILDREN-OPERATING AND SUPPORTIVE SERVICES (SA WCC) 1. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: This grant will support a portion of the operating and supportive services for SA WCC to benefit homeless victims of domestic violence and their children. The women and children are from SA WCC' s emergency shelter population. The purpose of this project is to support the SAWCC's participants through addressing the needs of domestic violence victims and their children by providing funding for supportive services and operating costs as identified in Budget below. The SUBRECIPIENT further agrees that HHVS, in consultation with any parties HHVS deems necessary, shall be the final arbiter on the SUB RECIPIENT' s compliance with the above. B. BUDGET: Line Item: CoC-SHP Funds Other: OPERATING COSTS: Maintenance: I FTE Facilities Administrator 20% of salary, taxes and benefits to Grant 9,200 Supplies, Services, Utilities, Taxes. Insurance 75% to Grant 10,900 TOTAL OPERATING COSTS $ 20,100.00 SUPPORTIVE SERVICES: Case Management, I FTE Advocate 80% of salary, taxes, benefits Child Care, I FTE Supervisor 80% of salary, taxes, benefits Child Care, 1 FTE Support Staff 15% of salary, taxes, benefits Materials for Life Skills, Education Child care for Transitional Living 80% to Grant 38,212 41,690 7,998 5,000 TOTAL SUPPORTIVE SERVICES $ 92,900.00 TOTAL CoC-SUP FUNDING $1l3,000,OO CoC SA WCC FL0295B4D060802 Operations and Supportive Services Page I I of 15 Agenda Item No. 16D2 September 28, 2010 Page 14 of 17 MATCH: Operating Services (25% from SA WCC) Supportive Services (20"10 from SA WCC) TOTAL MATCH from SA WCC $ 6,700 $ 23.225.00 $ 29.925.00 TOTAL PROJECT BUDGET WITH MATCH $142,925.00 Per cae application requirements, the subrecipient is responsible for match contributions. Match documentation must be submitted to HHVS prior to any expenditure of grant funds. Any indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are charged, the SUBRECIPIENT, as SUB RECIPIENT. will develop an indirect cost allocation plan for detennining the appropriate SUB RECIPIENT share of administrative costs and shall submit such plan to HHVS, on behalf of the COUNTY, as the Grantee, for HHVS approval, in a fonn specified by HHVS. C. FORMER PROJECTS: Failure to adequately maintain any fonner HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. B. PROJECT WORK PLAN The following project work plan is in effect for program monitoring requirements only, and as such, is not intended to be used as a payment schedule. Date Start Date End Work Plan July 24, 20 JO July 23,2011 Not applicable due to nature of lITant reauirements C. PAYMENT SCHEDULE The following table details the project deliverables and payment schedule. DELNERABLE Demonstration of completion of an o eratin or su ortive service ex ense End of Exhibit "A" COC SA WCC FL0295B4D060802 Operations and Supportive Services Page 12 ofl5 Agenda Item No. 1602 September 28, 2010 Page 15 of 17 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women and Children Subrecipient Address: P.O. Box] 0 102 NaDles. FL 34101 Project Name: Operations and SUDoortive Services Project No: FL0295B4D060802 Activity # Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS I. Grant Amount A warded $ $113.000 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account $ 4. Amount of Previous Unpaid Requests $ 5. Amount of Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ 7. If applicable amount held as retainage to date by the County, if not retained by the sub-recipient. $ 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 am 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 $] 5,000.00) coe SA WCC FL0295B4D060802 Operations and Supportive Services Page 13 of IS Agenda Item No. 1602 September 28,2010 Page 16 of 17 EXHmIT "C" COC MONTHLY PROGRESS REPORT Complete form for past month and submit to HHVS staff by the Iff" of the following month. Status Report for Month of Submittal Date: Project Name: ODerations & SUDDortive Services Project Number: FL029584D060802 Activity Number: N/A Subrecipient: Shelter for Abused Women & Children Contact Person: Marci Sanders Telephone: 239-280-1350 Fax: 239-775-306 J E-mail: msanders@naplesshelter.ol1Z 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 SA WCC FL0295B4D060802 Operations and Supportive Services Page 14 of15 Agenda Item No. 16D2 September 28, 2010 Page 17 of 17 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 July 23, 2011. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY July 23, 2011 , 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 July 23, 2011 etc.). cae SA WCC FL0295B4D060802 Operations and Supportive Services Page 15 of 15