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Backup Documents 03/13/2012 Item #16D 51605 of the County. Except, as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. This Agreement may not be extended beyond June 30, 2012. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIX: TERMINATION 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient's obligation to the County shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. 2012 Challenge Grant SAWCC Page 10 of 17 16D5 XX: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. XXI: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Collier County Housing and Human Services Department at its office, presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112 -5361 and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2012 Challenge Grant SAWCC Page 11 of 17 1605 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals. ATTEST; BOARD OF COUNTY COMMISSIONERS Dwi ` b'Clerk of Courts COLLIER COUNTY, FLORIDA � By: Clerk FRED W. COYLE, CHAI Witnesses: First Witness Lori N\Orr'%S Type/ rint witness name Second Witne Type /print witness name Approved as to form and Legal sufficiency: Jennifer . White Assistant County Attorney SAWCC, INC., a private not - for - profit corporation existing under the laws of the State of Florida By: Subrecipient Signature , -(ODA Q6EP- A"4G "— e. bllC' Type Print Subrecipient name and title 2012 Challenge Grant SAWCC Page 12 of 17 16D5 EXHIBIT °`A" SCOPE OF SERVICES I. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: This grant request will be used to pay for the partial salary, of full -time Shelter Advocates who will serve homeless women and children living in the emergency shelter who have been victims of domestic violence. The Shelter Advocates will assess residents' short term and long term needs, as well as assist them with accessing mainstream benefits, such as food stamps, medications, job placement, life skills, budgeting, nutrition and self care, court and legal assistance. These services will be utilized in order to help these families attain self sufficiency and independence. B. BUDGET: Challenge Grant funding for Partial- Salary for Shelter Advocates $21,132.00 Total Budget $21,132.00 C. STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in A (Project Scope) and B (Budget) above, if applicable. D. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. E. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Project to be completed no later than June 30, 2012. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHVS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHVS approval of invoices, etc. for reimbursement. The Subrecipient may be responsible for providing all reporting data to Collier County upon request regarding the Federal Funding Accountability and Transparency Act (FFATA.) G. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports as identified in Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by 2012 Challenge Grant SAWCC Page 13 of 17 •1 the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. 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 3/13/2012 06/30/2012 Continue implementing the homelessness programs. Provide all reports to HHVS as required. I. PAYMENT SCHEDULE: The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Salary Expenses U on invoicing of allowable expenses 2012 Challenge Grant SAWCC Page 14 of 17 1605 EXHIBIT "B" THE SHELTER FOR ABUSED WOMEN & CHILDREN. INC. STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: The Shelter for Abused Women & Children Inc. Subrecipient Address: P.O. Box 10102, Naples, FL 34010 Project Name: Challenge Grant — Shelter Advocates Project No: HFZ2B Payment Request # Dollar Amount Requested: SECTION 1I: STATUS OF FUNDS 1. Grant Amount Awarded $ 21,132 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 the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Title Authorizing Grant Coordinator Date Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2012 Challenge Grant SAWCC Page 15 of 17 EXHIBIT "C" 1605 SHELTER FOR ABUSED WOMEN & CHILDREN STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT MONTHLY PROGRESS REPORT Complete form for past month and submit to HHVS staff by the I #h of the following month. Status Report for Month of Submittal Date: Project Name Challenge Grant — Shelter Advocates Project Number HFZ213 Activity Number Subrecipient: The Shelter for Abused Women & Children Inc. Contact Person Marci Sanders Telephone: 239- 775 -3862 Fax: E -mail: MSanders&nanlesshelter.org Performance Measures 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events /actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 2012 Challenge Grant SAWCC Page 16 of 17 16D5 Progress on Completion of the Grant Activity(s) For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2012. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2012, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, identification of other uses that could be completed by June 30, 2012 etc.). 2012 Challenge Grant SAWCC Page 17 of 17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1605 Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's sienature. draw a line through routing lines # 1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date I.Jennifer B. White County Attorney Agenda Item Number 16135 2. Ian Mitchell, Executive Manager to BCC Board of County Commissioners SM e 3. Minutes and Records Clerk of Court's Office Number of Original 1. DCF= One 4. 2. Sub - recipient Agreement Documents Attached Original 5. between the BCC and St. 2. St. Matt's =One 6. Matthew's House Original PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Contact Sandra Marrero, Grants Coordinator Phone Number 252 -2399 Agenda Date Item was March 13, 2012 Agenda Item Number 16135 Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be SM Type of Document 1. Contract between BCC and DCF Number of Original 1. DCF= One Attached 2. Sub - recipient Agreement Documents Attached Original between the BCC and St. 2. St. Matt's =One Matthew's House Original 3. Sub - recipient Agreement between 3. Shelter =One 2. the BCC and Shelter for Abused NA Original Women & Children INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SM signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SM document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SM signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip NA should be provided Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 MEMORANDUM Date: March 19, 2012 To: Sandra Marrero, Grants Coordinator Housing, Human & Veteran Services From: Teresa Polaski, Deputy Clerk Minutes and Records Department Re: Challenge Grant Agreement #HFZ2B (2), Sub - recipient Agreement w /St. Matthew's House (1) and Sub - recipient Agreement w /Shelter for Abused Woman and Children (1) Attached are originals of the agreement amendment referenced above (Item #16D5) approved by the Board of County Commissioners on March 13, 2012. The Minutes and Records Department has held the original for the Board's Official Record. If you have any questions, please contact me at 252 -8411. Thank you. Attachment 1605 1605 State of Florida Rick Scott Department of Children and Families OWN S. Wilkil s secret" HAND DELIVERED RECEIVED BY: L at h e r Qnunt u N F}VS ariv. DATE RECEIVED: 0244 ON aola- February 2, 2012 Margo Castorena Housing, Human and Veteran Services 3301 East Tamiaml Trail Naples, FI 34112 - Dear Ms. Castorena: Enclosed are two (2) original copies of Challenge Grant Agreement * HFZ28. This grant provides the citizens In Collier County with opportunities to prevent homelessness. Please review this 7 page agreement and provide both originals to the Board of County Commissioners. Upon the Commissioners review, approval and signatures on page 2, please return both originals to me. Once our Regional Director or designee signs, I will send you an original executed copy for your records. We rsspeWuily request that no changes (otter than the alyning and printing of the authorized commissioners name and dating the date of signature) to the grant documents be made without the prior expressed written approval of the department. Failure to comply with this request could cause a considerable delay in final execution of this grant. Thank you for the services your agency continues to provide to our community. If you have any questions, please call me at 239/33 &1295. Sincerely, 4'Rolbert Farr Contract Manager Enclosures Copy to: Grant File P.O. Box WM, Fort Myers, Florida 33908 -GON Mission: Protect the Vulnerable, Promote Strong and EcorxxnWly Self- 3ufndent Families, and Advance Personal and Family Recovery and Resiliency Grant : HFZ20 Grant SoRel tdion 8: Un= 60 FLORIDA DEPARTMENT OF CMLDFM i FAMILIES GTANDARD GRANT AWARD LETTER The Ronda Deparbnertt of Children and Families, hereinafter referred to as the Mepartrrwnt," hereby rallies Comer County Board of County Conrmlesionsre, hersknehsr referred to as the "Recipient,' to puauarrt b the terms and conrdtlons of the above numbered grant sotldgdlon the Dspoi nertt has determined to provide fi MWW assistance b Recipient In the amount apecffied below. Reoipienrs aooWtance of eaid *mncW asetatance constitutes an agreement by Reofpknt to the ismas and ; oonddons contained in the sololtation, unties e>gxesely mo illsd in tints Award Letter or attachments. N any. As a result of Departments offer of financial a stance and FISCO ram's aooepfanoe of the ffiedd rhos the parties enter Into an Agreement conslatIna of the following doaunsnts: this Award Letter and altechmari , N any, the Approved Budget the Grant SobdMon Identified above; the R90OW S Application and ProposaL In the event of a on Mc t among the provbfons of the various documents the priority of interpretation ahall be given In the same order In which the documents were enumerated in the Preceding sentence, with the highest prlorgy being ==dad b the Award Letter and Its a ttechmsMa, N any. Section L R giant Agree to Ce Oh. Tirma and Conditions The R9*W4 the gent 4 y � Its agreement to the Grant Agrsen u t Terms B Conditions oontakwd in Section 5.1 of except far the fotiowlrg modNloetlona, I. Paragraph LIPLM of the Standard Graru Term e # Condbons b moditled to red ae f NNW "The Redpisnt and ib perbmre, alit oorttraoEon and atggi andl docunrarrt the cuetorma's or oompanlon'a prow. nee of oommuticatlon and emy requested m=Mwy attdehervloes provided In the custorrrsr'a low with tip p a th- g 1ndk lmot dao be rerts if Gy r equM we e n ot horors 111h - The MUN usres s oompllmoa rpote montlhyby the ie dy fclowing te poting d. nroorNh, b tine DeparbtrsnCa Qrarrt or Contract 1larragsr. The Reciplsrrt ___ distribute Custonm Featemit forma m oudtoaeare or mopsnfons, and provide assistance in oompie ft the forma ae Mpnelled by the customer or conrp ftL 2. Paragraph LE. of the Standard Ghent Alpm ma d Term and Conditions is rrxxx d to add the folkmfng . as a final paragraph. "Continuous adequate NabUlty irwteance coverage shah be nabatabwd by the Redplent during tits exietsnos of thle grant agreement and any rWwwal(a) and (h of ft. By execution of this grant agreemrerrt, unlea it b a state agency or oubdlvlsion as dsllrwd by subeeAda 71111LU ), R.B, rite Recipient aoowb ful mqmdbft for klerrtiiyirg and dstisrrrddrg tine typs(e) and sh 1, of tieblllty Ineuranoe noveseary to provide neaaortable finandd probsctlwhs for 1!w ReolPlerrt and the clbnts to be served under this grant agreement. The IbMb of coverage under rich policy natrttairhed by the Rsbtptsnt do not Itkrtlt the RadpNnt'e fiabIRty and obligatloaw under atria grant presnrW Upon the execution d this grant agneaaent, the Redptant *brit fu. dd the Daparbnsnt written verlflatim supporting both VW datsrnrira dm and existence of such insurance ooverage. Such aoverege may be provided bye esiM muranoe program estabfialhed and Witting under the laws of ribs Stasis of Florida. The Departrmd reeervas the rght to ngatre addltiond Inaursnce ss apadfled in 1tHs gent egreerrwnt.* Section IL Amount ot ishw cW Aesisiaroe The Department shall provide financial aaisI , , a to the Recipient in an amount not to mooed $@S,W.00. The Stage of Florida's obligation to pay this amount I$ oontingertt upon an annud approp Woe by the Legislature and the availabtiily of funds. The RedpieM shall provide records to the Dqm"" eviderokq that Y funds pm vkbd by tfi4 agreement have been used for the purposes, and In the amounts, described in the Approved 8ulgsi, The Recipient OW vary from the Approved Budget only with the prior written consent of the Department which must be obtained In each aspen" ktatance. Section OL Repreeerda&aw of the Partlea Onlolal Payee end Rspreeardmovss (Names, Addrsess% Telephone Numbers, and wrap addresses): t. The Radptsrtt norm, as shown on this agrsamant, rand mW% addrm of the offlcm pays to whom the payment shop be made Jr. Name: COW County Board OF Canty CommlMi x w Address: 3298 Ent Towsmi Tta0 Pbor •FL 7744009 2. The nwn4pVf OW oontad priori and steer Whom RsOOWttb firnwmlW and adrnWWathre records are mapMstrw is 3. TM roam, address, tNephorts ntmber and s.map address of the giant manger tar rite depwbnoM far eti sp", OM is Names Robot Fsrr Adrf MM 2295 Avarua ( IM s-malb .aide .us nwne, rember s-ma1 the ''e mow d w of Om Reolpiant reeponsble for sdmkibaeon of the Program mWor this agnpnent is 5 Name: Margo Ca u"m Address: Human and VM—W—w Setvim 3301 East Tamlami TM Bet Ph& 2 Grant #: HFMB 160 Grant Soileltatlon #: UMN Nanm Margo Cubrene Address Mau ft Hunan and Veteran 3301 East Twnkm Tra1 Car- N40—ft 8WW R 54112 2 . Margo - -OooMi MJ* Pm *ft' CEWIM etndk www.00llsrgov neYhur wwarvicas Upon change of MpvmlWJm (names, eddresaa% telaphone numtm and &-rtat addresses) by edthsr party notice shah be P ded in wrtdrq to the other party and the notification attaoFtsd to the originale of this Agreement, Section IV. Twwdrwtlon This agreement may be bmdrtated by either party without cause upon no leas than 30 calendar days written notice to the other, said nuke to be delivered by the U.S. Postal Service, or an expedited delivery denier with evidence Of completed delivery in either khetanos. In the event funds used to support this agreement become unavailable the Department may twmkhate this agreement upon no Isee than 24 hours notice, In wd ft b the Recipient, In the evert the Recipient falis to (hours excluding Saturday, Sunday, and Holidays) notice in Department may brunt. The the agreement meit upon Spedily In lees than of the circumsta noss'and aondltona pertaining b the temhinaton for Marrs to n n notice of arty provision of this agreement shah not be deemed a wslver of such par onnenoe nor shall the department's waterer of any one breech of any provision d this spree ,w,t be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the hm ns and oonditons of this agreerent, The provlebns heroin do not limit the department's right to remedies at law or in equlgr. SWUM V. Duradw of the Grant Agria tent This Agreement shall begin on the date an which the last of the panes d bras Its signature and shall end an Jame 30, 2012 unless otherwise terminated In a000rdanos with Secom IV. Section VI. Nodce Any notice that is required under this agreement shall be in wrift and esnt by U.S. Po" Service or any e)Q)edlted delivery service that provides verification of delivery or by herd delivery. Std natoe shall be sent to the representatNe of the reelptent mwmsble for a*Nnbtradm d the grard, to the desigratsd address oontalned in this agreernertt. Section Vg. Moolmuon, Anartdmad, and EW& ty of the Agreerrrertt This agreement may only be modified or amerWed In wrung with such m00101100ne or amendments duty sighed by both panes. This agreement and Its x,1,11 A M and any referenced exhibits, together with any documents kx:orporated by reference, to Indude but not be Nmfted to the Ohara aolioltatlan and Flecipi * AppilasU n, oonetfub to endrety of the agreement. There are no other terns or oorrdtons other to those oorttakted bosh. This agrownent supersedes all Previous communication and represer tatfons. r any term or oondtbn Is legally detemhkhsd to be uneniorceabie all remaining terra and conditions remain In full force and erect, ���paeme b described above. IN WrFNESS THE EOOF, the Pwdes Msed this Zpage Mrsemerd toe eoouted RECIPIENT: srarrarrr: STATE AGENCY 20 DIGIT FLAIR CODE: FLORIDA DWARTMENT OF CHLDM AND FAMILAM Signature: Tit* Date: Federal Tax ID / (or 8tNj; 66167 ReolplMtt Fiscal Yew Endkq Data SM ATTESl�. " APPFO"W u to DWI, OR Dorm & loyal SufNcltmey \ �y Afitiv 'all CMIMM I Asa nt County Attorney 1 Maintain, food HMIS 2 Shs ' supportive servbssJrase for horrrsless vlo8ms of dorneeft _vidsnoe 3 can Management and tram wbtlon far homeless Population - 4 5 TOTAL b4W ATTACHMENT Seib ;t 9 PMpoesd Budget at MW Award L ovel Budget Fntm Lumm" Now mans eavbs 21.132 cowcoury Yes 21,132 21,133 po Shww tbrAbuuW VV;mon and Children St. MEWWWS House 1 51 l • I Number of Persona . • Honvien To se . Served 600 Ems MLM- TOW Persons To "S"d Plesse list r grant aWWW or use in order of pdo*. The r&m trxun grant Strap 0 =10,000 h 2011- 2012. Only the top 6mm (7)( aPplcadons 8W tecetvs thb"of await AN othsrgrarf>s wIN be awprded at tit33,�97, depetdprg iIUU!! g of itrs airpllcatlon and wa t b AwC11 . Your order of use on this Tonn ahal be )used b set the approvsd budget, N your award b at a lower grant WAL Abnm&*IY, you may submt Wq Edit A form ; one fbr each grant award bvaL 1, Grant AcW * / Use Pbm m the Semi tills or desc"m used In tlts rrarnfMa. Be an 10 Wm* and got each actMty b be Arn W, If Moro than one Is p graded fbr ftWbg. 2. i R*qiiasbd U81 0 8ffwJoMf f Grant requested %r each U*#* or4m s@Wo NY and the Chdmp Grant Mpesisd. CAW Chalknge Grant 2011 -12 Page 7 of 57 Page 3 of Grant HFZ28 L" 1605 f ATTACHMENT 3, PmvMW NWM _ M Neftps F1JrrdlMlQ. wad ogum b m7 out Moh ac&* Or uM d itr of ► kad a�rwy. ff+�notMr wMl cvrrry a *0*� olb� go twm �ana�r, prpvid� the rom atthtt enOgr. aoh►a uAOer oonOf�ctrNNll� lead 4. adyft or Now SwAft ! ape* actik or to to Pjrm $ Wm i�spportan Las or jj WMIt1K the 111ndsd actlrlgr is i now serAft b fun do urom nn& . 8. Number of H=*I sm Par &rmd I For saoh sx:tivltSr, IdruMll�r tlrs number of htx alm Pwom b be mvsd. i l i i I Corr OgknP Grad 2011 -22 Pale 8 of 57 ' Pap 4 of Grant HFZ28 1605 Attachment H 2011/2012 CHALLENGE GRANT REOUEST 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 63 97.00 and the Department shall release these fiords in accordance with the following schedule, subject to the availability of funds: DATE OF RELEASE OF FU"S AM—QUNT The date of grant execution $31,698.50 June 04, 2012 but not later then June 15, 2012 $31,698.50 For each payment request the Recipient shall prepare and submit a request for release of fiords on the Recipient's stationary . The Department reserves the right and option of requesting additional information from the Recipient if the information on the Recipients' request for release is insufficient to make payment. The Recipient shall provide the Department a copy of the Recipients fully executed agreement with any sub recipients on or before June 04, 2012 for use of ftmds provided by this grant. Failure by the Recipient to do so, shall delay the release of any fm#her request for release of funds until such time the Department receives the executed agreements. The Department will reserve the right and option to withhold the final release of payment pending proof by the Recipient to the Department that they have reimbursed sub recipients for all agreed to payments they have submitted for reimbursement prior to June 04, 2012. Page 5 of Grant KMB i 16 D Attachment III Quarterly Statue Report i 2012 CHALLENGE GRANT arena # HMS QUARTERLY REPORT LEAD AGENCY: Cofer County Board of County CowwWonen REPORT PERIOD — Check one Qum ending: ( l 1) (12/31/11) (3/31/12) (6/30/12) Final: if this is your &W report, the Lead Agency shall attach an a alwtion of the grant's effectivroess in aohievin,s the intended purposes, in accordance with the application instructions. Provide a copy of thh report to &M your DCF Contrad Manager and to the Office on 8onelemness. 1. Financial Provide a line item review of the grant funds received and disbursed to sub - grantees For e a activity. or use contained in your Challenge Grant application. Total Grant Award to Lead Agency: Total Grant Receivcd by Lead AgenW (ta+t dMws from tt+e DWwunm by the read AWW) Total Grant disbursed to Sub-grantees by Lead Agency. Liar each grant activity /use from the Challenge Grant application t. 2. 3. CM Original Amount Awarded SubVantec YTD 2. Progress on Completion of the Grant Activity(s) Great amount Received Grant Balmoe Due by the Sub -Onu tee to the Sub - Grantee I a. For each funded activity, complete the below table showing a comparison of wont accomplished to date versus planned timefirames for completion of the activity as outlined in your application. Page 6 of Grant # HFZ213 160 b. Provide detailed emlaoations for delays Y Y� a" being W= = to assure completion of the activity or use by J , 201. an delays, and c. Should any activity be identified sa facing the h7eelibood of NOT BEING COMPLETED BY JUNE 30, 201, y� the 'v' ►, explain the nun the acM* will not bg ZMMI red, and acfions being taken (e.g. amendment to feduce grant award, return of funds, identification of other 0905 that could be oompleied by Juan 30, 2012 etc.). Performance Measures The Lead Agency shall provide a thorough evaluation of the e:ffec&me9s of the Champ Grant is achieving the shoed purpose set forth by the Lead Agency in its application for Evading, The Lead Asmy shall document progress toward achievM8 the parformeace measure outlined is their application. In addition, the Lead Agency shall document and report on the number of individuals served by each funded activity. Provide sggzegate totals only. Activity Type of Service Provided Number of Individuals Served for the Number of Individuals Served daring Grant Period tau date Describe Popdation Served (C.& Ads[% Families, ChDdren, Youth, Veterans, general n!a eta. CERTIFICATION OF ACCURACY The above information is true and accurate, based Won docarmentation available for inspection at the offices of the Lead Agency, as of the date executed below. LEAD AGENCY CONTACT: PriN IYawe ftsitaro DATE: Page 7 of Grant it RPM 1605 AGREEMENT BETWEEN COLLIER COUNTY ST. MATTHEW'S HOUSE, INC. State of Florida Homeless Assistance Challenge Grant# HFZ2B THIS AGREEMENT is entered into this ! $% of \m : ,� t \p, , 2012, by and between Collier County (hereinafter referred to as "County ") and the ST. MATTHEW'S HOUSE, Inc., a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at 2001 Airport Road South, Naples, FL 34112, and its Federal Tax Identification number as 65- 1110501 and DUNS# 831093653 (hereinafter referred to as "Subrecipient "). WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $63,397 to provide homeless assistance as described in Collier County's application dated August 3, 2011; and approved by the Board of County Commissioners on July 26, 2011 Item 16D 10. WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms, and Subrecipient desire to provide the activities specified in the SCG application; and WHEREAS, Collier County further agrees that it will use due diligence in supervising the Subrecipient to assure that funds are expended for the purposes intended and that a full accounting for these grant funds are made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: I: DEFINITION DEFINITIONS (1) "CCHHVS" means Collier County Housing, Human & Veteran Services 2012 Challenge Grant St. Matthew's House Page 1 of 17 Department and where applicable, it's authorized representative(s). 1605 (2) "CCHHVS Approval" means the written approval of the CCHHVS Director or designee. (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means St. Matthew's House, Inc. (7) "Homeless" as defined by Section 420.621, Fla. Stat. (8) "Program Beneficiaries" means homeless persons or those at risk of becoming homeless. (9) "Project" means the work contemplated to be performed as set forth in Exhibit "A II: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit "B," which are attached hereto and made a part hereof. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be as of the date first hereon written and the services of the Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Subrecipient by June 30, 2012. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. IV: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined by the County, in an amount not to exceed 521,133.00 (TWENTY ONE THOUSAND ONE HUNDRED THIRTY THREE AND 00/100 DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine 2012 Challenge Grant St. Matthew's House Page 2 of 17 16D5 that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty-five (45) days after Subrecipient has submitted its final invoice. V: PAYMENTS A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHVS, or CCHHVS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHVS provide advance funding to the Subrecipient or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Subrecipient must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by Subrecipient, payment shall be made by the CCHHVS. C. All disbursements by the Subrecipient must be fully documented to CCHHVS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHVS pursuant to the submittal of monthly progress reports as identified in Exhibit .6C 2012 Challenge Grant St. Matthew's House Page 3 of 17 1 E. Payment shall be made to the Subrecipient when requested as work progresses; but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHVS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHVS of all costs and charges for services not previously invoiced. The CCHHVS shall not be responsible for payments of any charges, claims or demands of the Subrecipient incurred after June 30, 2012. VI: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined in Section 420.621, Fla. Stat. through 420.626, Fla. Stat. No funds provided by this grant may be expended for the purpose of lobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHVS personnel or representatives to monitor the services, which are the subject of this SCG. The Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. I. THE SUBRECIPIENT AGREES: A. Federal Law and Prohibitions against Lobbying If this agreement is funded by the use of federal funds the Recipient shall comply with any and all of the provisions of federal law and regulation including, but not limited to 45 CFR, Parts 74 and 92, the Clean Air Act and Federal Water Pollution Control Act as applicable, the Energy, Policy and Conservation Act (Public Law 94 -163) and any Executive Orders pertaining to the use of the grant funds. No federal funds may be used by the Recipient or its employees or agents for lobbying Congress of the Florida Legislature. The Recipient shall not employ unauthorized aliens. The Recipient shall comply with all laws, orders, and regulations pertaining to Equal Employment Opportunity. If applicable, the Recipient shall comply with the Pro - Children Act of 1994. B. Risk Prevention and Incident Reporting The Subrecipient shall comply with CFOP 215 -6 for establishing risk prevention and reporting any incident listed in CFOP 215 -6. The Subrecipient shall immediately report any knowledge or 2012 Challenge Grant St. Matthew's House Page 4 of 17 605 reasonable suspicion of abuse neglect, or exploitation o a 1605 P $ , p f child, aged person, or disabled adult to the Florida Abuse Hotline at telephone number 1- 800- 96ABUSE. This requirement applies to both the Subrecipient and its employees. C. Confidentiality of Client Information The Subrecipient shall not use or disclose any information concerning any clients or persons served by occasion of this agreement for any purpose prohibited by state or federal law or regulations except with the prior written consent of a person legally empowered to give that consent or when authorized by law. D. Civil Rights Requirements The Subrecipient shall comply with all civil rights laws, regulations, and orders including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Florida Civil Rights Act of 1992, and 45 CFR Parts 80, 83, 84, 90, and 91. The Subrecipient shall not discriminate against any employee or applicant on the basis of race, color, gender, national origin, disability, age, or marital status. E. Health Insurance Portability and Accountability Act The Recipient shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d) as well as all regulations promulgated pursuant to the act (45 CFR Parts 160, 162, and 164). F. Emergency Preparedness The Subrecipient shall develop and submit to the County an emergency preparedness plan not later than 30 days after execution of this agreement and updated plans shall be submitted at least annually thereafter. G. Whistleblower's Act Requirements In accordance with section 112.3187(2), Florida Statutes (F.S.), agencies or independent contractors shall not retaliate against an employee for reporting violations of law to an appropriate agency that creates substantial and specific danger to the public's health, safety, or welfare. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Employees and persons may file with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle- blower's Hotline number at 1- 800 -543 -5353. H. Support to the Deaf or Hard -of- Hearing (1) The Subrecipient shall comply with section 504 of the Rehabilitation Act of 1973, 29 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Instruction (CFOP) 60 -10, Chapter 4, entitled "Auxiliary Aids and Services Persons with Hearing Impairment." 2012 Challenge Grant St. Matthew's House Page 5 of 17 2 The Subrecipient shall if the 1605 () p Subrecipient employs 15 or more employees, designate a Single- Point -of- Contact (one per firm) to ensure effective communication with deaf or hard -of- hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60 -10, Chapter 4. The name and contact information for the provider's Single - Point -of- Contact shall be furnished to the department's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. (3) The Subrecipient shall, within 30 days of the effective date of this requirement, contractually require that its partners, subcontractors and agents comply with section 504, the ADA, and CFOP 60 -10, Chapter 4. A Single - Point -of- Contact shall be required for each Subrecipient that employs 15 or more employees. This Single- Point -of- Contact will ensure effective communication with deaf or hard -of- hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the provider's Single- Point- of- Contact. (4) The Single- Point -of- Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60 -10, Chapter 4. Further, employees of Subrecipient with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60 -10, Chapter 4. This attestation shall be maintained in the employee's personnel file. (5) The Subrecipients Single - Point -of- Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of- hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than March 12, 2010, with respect to current providers (partners, subcontractors, and agents). The approved Notice can be downloaded through the Internet at: http://www.dcf.state.fl.us/admin/ig/civilrights.shtml. (6) The Subrecipient shall document the customer's or companion's preferred method of communication and any requested auxiliary aids /services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The Subrecipient shall submit Compliance Reports monthly, not later than the 15th day of each month, to the department's Grant or Contract Manager. The Subrecipient shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. (7) If customers or companions are referred to other agencies, the Subrecipient must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids /service needs. 1. Return of Funds The Subrecipient shall promptly return to the County any overpayments due to unearned funds, disallowed or ineligible expenditures, or accounting or record keeping errors. The Subrecipient shall return such excess funds immediately upon discovery by it or its employees or upon 2012 Challenge Grant St. Matthew's House Page 6 of 17 receiving ritten notice 1605 g ce from the County. VII: PROJECT PUBLICITY Any news release or other type of publicity pertaining to the project as stated herein must recognize the County as the recipient funded by the State of Florida Office on Homelessness through the Department of Children and Families as the entity that provided funds for the project. VIII: MANAGEMENT ASSISTANCE CCHHVS will be available to the Subrecipient to provide guidance on SCG requirements. IX: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHVS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard Subrecipient procedures. 2. The current, prevailing Agreement, all project contracts, and corresponding billings. B. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to CCHHVS. C. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCHHVS or DCF, may deem necessary. CCHHVS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHVS shall have the right to examine any of the said materials at any time during regular business hours. 2012 Challenge Grant St. Matthew's House Page 7 of 17 D. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this SCG. X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHVS with monthly status reports no later than the 10`h of every month as shown in Exhibit C beginning the month of contract execution. A final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities must be provided prior to grant closeout. XI: INDEPENDENT AGENT AND EMPLOYEES Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. XII: CONTRACTS All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement and written approval of CCHHVS. All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the County and state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. XIII: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the Subrecipient who exercises or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 2012 Challenge Grant St. Matthew's House Page 8of17 1605 1605 XIV: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. XV: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c.) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. XVI: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. 2012 Challenge Grant St. Matthew's House Page 9 of 17 XVII: SALES TAX INDEMNIFICATION 16D5 The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHVS will provide a resale certificate to be completed by the Subrecipient whereby Subrecipient represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. XVIII: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the County. Except, as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. This Agreement may not be extended beyond June 30, 2012. Subrecipient may not assign this Agreement without the prior written consent of Collier County and DCF. This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. XIX: TERMINATION 1. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. 2012 Challenge Grant St. Matthew's House Page 10 of 17 16D5 ,1 3. TERMINATION DUE TO CESSATION In the event the grant to the County is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that DCF specifies. 4. GRANT CLOSEOUT PROCEDURES Subrecipient's obligation to the County shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the County), and determining the custodianship of records. XX: HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. XXI: NOTICES All notices required to be given under this Agreement shall be sufficient when delivered to Collier County Housing and Human Services Department at its office, presently located at 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112 -5361 and to Subrecipient when delivered to its office at the address listed on this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 2012 Challenge Grant St. Matthew's House Page 11 of 17 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals. ATTEST: Dwight E. Brock, Clerk of Courts ►1 , � ,e ��, fi.�. Witnesses :, First Witness vY�'OC�Gss� T pe /print witness name Sec `tness Type /p itness name Approved as to form and Legal sufficiency: Jennife . White Assistant County Attorney 2012 Challenge Grant St. Matthew's House BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~7 - - W. FRED W. COYLE, CHAIRAhN ST. MATTHEW'S HOUSE, INC., a private not - for - profit corporation existing under the laws of the State of Florida By: Subrecipient Signature Page 12 of 17 Type Print Subrecipient ame and title EXHIBIT "A" 1605 SCOPE OF SERVICES This grant request will be used to pay for the partial salary, benefits and taxes of one full -time Case Manager who will work directly with the Structured Recovery Program run by St. Matthew's House. In addition, the grant funds will be used to pay for transportation expenses for residents to get to vital appointments and meetings. The transportation will be provided by St. Matthew's House vehicles or will be by means of public transportation through bus tokens. . Js Challenge Grant funding for Partial- Salary, benefits, taxes for a Case Manger $16,333.00 Transportation Expenses $ 4,800.00 Total Budget 13 00 C. STAFFING Provide list of staff specified in A fProiect &W) and B flud et above if appl�cab; D. FORMER PROJECTS: Failure to adequately maintain any former State of Florida funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future State of Florida Challenge Grant funds. E. WORK SCHEDULE: The time frame for completion of the outlined activities shall be Project to be completed no later than June 30, 2012. F. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the CCHHVS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with State Challenge Grant funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be used as an additional basis for CCHHVS approval of invoices, etc. for reimbursement. The Subrecipient may be responsible for providing all reporting data to Collier County upon request regarding the Federal Funding Accountability and Transparency Act (FFATA.) G. COMPENSATION: The County shall pay the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the submittal of monthly progress reports as identified in 2012 Challenge Grant St. Matthew's House Page 13 of 17 16D5 Article Ten. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Adherence to the work schedule identified in Exhibit A, Article F, will be required, unless modified in writing by the parties. Payment will Payment will be made upon receipt of a proper invoice and upon approval by the or his designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. 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 3/13/2012 06/30/2012 Continue implementing the homelessness programs. Provide all reports to HHVS as required. I. PAYMENT SCHEDULE: The following table details the project deliverables and payment schedule. Deliverable Payment Schedule Operating and Transportation Ex nses Upon invoicing of allowable expenses 2012 Challenge Grant St. Matthew's House Page 14 of 17 EXHIBIT "B" 16 D5 St. Matthew's House, Inc. STATE OF FLORIDA HOMELESS ASSISTANCE CHALLENGE GRANT REQUEST FOR PAYMENT Subrecipient Name: St. Matthew's House. Inc. Subrecipient Address: 2001 Airport Rd South, Naples, FL 34112 Project Name: Challenae Grant — Case Manatter/Tra mr -tadon Project No: HFZ2B Payment Request # Dollar Amount Requested: $ .... 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account k] 21,133 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 the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2012 Challenge Grant St. Matthew's House Page 15 of 17 EXHIBIT "C" St. Matthew's House, Inc. 1605 Complete form for past month and submit to HHYS staff by the ItYk of the following month. Status Report for Month of Submittal Date: Project Name Challenge Grant — Case Manager/Tranwortation Project Number HFZ2B Activity Number Subrecipient: St. Matthew's House, Inc. Contact Person Lou/Caren Telephone: 239 -774 -0500 Fax: E -mail: lhoegsted stmatthewshouse.org or carenna.stmatthewshouse.oru Performance Measures 1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 2012 Challenge Grant St. Matthew's House Page 16 of 17 Progress on Completion of the Grant Activity(s) 1605 For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by June 30, 2012. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY JUNE 30, 2012, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, and identification of other uses that could be completed by June 30, 2012 etc.). 2012 Challenge Grant St. Matthew's House Page 17 of 17 16D5 AGREEMENT BETWEEN COLLIER COUNTY FRO SAWCC, INC. (THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC.) State of Florida Homeless Assistance Challenge Grant# HFZ2B THIS AGREEMENT is entered into this -kl' day of �1°, � _J i.- , 2012, by and between Collier County (hereinafter referred to as "County ") and the SAWCC, 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 and DUNS# of 836680769, hereinafter referred to as " Subrecipient." WHEREAS, Collier County has entered into a Challenge Grant Agreement with the State of Florida Department of Children and Families hereinafter referred to as the "Challenge Agreement," in which Collier County was awarded the sum of $63,397 to provide homeless assistance as described in Collier County's application dated August 3, 2011; and approved by the Board of County Commissioners on July 26, 2011 Item 16D 10. WHEREAS, Collier County believes it to be in the public interest to provide certain activities required by the Challenge Grant Agreement to Collier County residents through the Subrecipient according to this Agreement, and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the State Challenge Grant (SCG) terms, and Subrecipient desire to provide the activities specified in the SCG application; and WHEREAS, Collier County further agrees that it will use due diligence in supervising the Subrecipient to assure that funds are expended for the purposes intended and that a full accounting for these grant funds are made. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained, including the attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto understand and agree as follows: I: DEFINITION DEFINITIONS (1) "CCHHVS" means Collier County Housing, Human & Veteran Services Department and where applicable, it's authorized representative(s). (2) "CCHHVS Approval" means the written approval of the CCHHVS Director or designee. 2012 Challenge Grant SAWCC Page 1 of 17 1605 (3) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (4) "DCF" means the State of Florida Department of Children and Families as the agent for the State Office on Homelessness. (5) "SCG" means the State Challenge Grant as authorized in Section 420.622(4), Fla. Stat. (6) "SUBRECIPIENT" means Shelter for Abused Women & Children (7) "Homeless" as defined by Section 420.621, Fla. Stat. (8) "Program Beneficiaries" means homeless persons or those at risk of becoming homeless. (9) "Project" means the work contemplated to be performed as set forth in Exhibit «A " II: SCOPE OF SERVICES The Subrecipient, in a manner satisfactory to County, shall carry out or cause to be carried out all services described or referred to in Exhibit "A," and shall submit each request for reimbursement using the cover sheet in Exhibit `B," which are attached hereto and made a part hereof. One hundred percent (100 %) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk of homelessness. III: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by the State under the SCG. The effective date shall be as of the date first hereon written and the services of the Subrecipient shall be undertaken and completed in light of the purposes of this Agreement. In any event, all services required hereunder shall be completed by the Subrecipient by June 30, 2012. No exceptions or extensions shall be granted. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the County. IV: CONSIDERATION AND LIMITATION OF COSTS Subrecipient shall be reimbursed by the County using SCG funds for allowable costs determined by the County, in an amount not to exceed $21,132.00 (TWENTY ONE THOUSAND ONE HUNDRED THIRTY TWO AND 00 /100 DOLLARS) for the services described in Exhibit "A." In the event the project costs exceed the stated amount, Subrecipient shall be responsible for the excess. The County reserves the right to inspect records and project sites to determine that reimbursement and compensation requests are reasonable. The County also reserves the right to hold payment until adequate documentation has been provided and reviewed, but such payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as defined by DCF regulations is provided. 2012 Challenge Grant SAWCC Page 2 of 17 1605 Subrecipient may submit a final invoice upon completion with a letter requesting closeout of the project. Final payment shall be made after the County has determined that all services have been rendered, files and documentation delivered, and units have been placed in service in full compliance with DCF regulations, including submission of a completion report and documentation of eligible occupancy, property standards and applicable restrictions. Said determination shall be made within reasonable time, but no later than forty -five (45) days after Subrecipient has submitted its final invoice. V: PAYMENTS A. Invoices that have been approved by the Subrecipient may be paid directly by CCHHVS, or CCHHVS shall reimburse the Subrecipient. In both cases, payment will be limited to items in Exhibit A. B. Subrecipient shall submit payment requests to CCHHVS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's /vendor's requests for payment has been reviewed and approved by the Subrecipient as stated on the Request for Payment and the attached original invoice. In no event shall CCHHVS provide advance funding to the Subrecipient or any other subcontractors /vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the Subrecipient must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by Subrecipient, payment shall be made by the CCHHVS. C. All disbursements by the Subrecipient must be fully documented to CCHHVS so as to be available, on request, for inspection or audit in accordance with the provisions of Article Nine herein. D. The County shall pay the Subrecipient for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CCHHVS pursuant to the submittal of monthly progress reports as identified in Exhibit «C " E. Payment shall be made to the Subrecipient when requested as work progresses; but not more frequently than once per month. F. Adherence to the work schedule, when appropriate, will be required unless modified in writing by the parties. 2012 Challenge Grant SAWCC Page 3 of 17 G. Payment will be made upon receipt of a proper invoice and upon approval by the CCHHVS, or its designee, and in compliance with Section 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act ". H. Subrecipient shall render a final and complete statement to CCHHVS of all costs and charges for services not previously invoiced. The CCHHVS shall not be responsible for payments of any charges, claims or demands of the Subrecipient incurred after June 30, 2012. VI: COMPLIANCE WITH LOCAL AND STATE RULES, REGULATIONS AND LAWS During the performance of this Agreement, the Subrecipient agrees to comply with any applicable laws, rules, regulations and orders that may be applicable to SCG activities as defined in Section 420.621, Fla. Stat. through 420.626, Fla. Stat. No funds provided by this grant may be expended for the purpose of lobbying the legislature, the judicial branch or a state agency. Subrecipient shall permit DCF or CCHHVS personnel or representatives to monitor the services, which are the subject of this SCG The Subrecipient is required to participate in the local homeless management information system for the continuum of care in conformance with state and federal law. I. THE SUBRECIPIENT AGREES: A. Federal Law and Prohibitions Against Lobbying If this agreement is funded by the use of federal funds the Recipient shall comply with any and all of the provisions of federal law and regulation including, but not limited to 45 CFR, Parts 74 and 92, the Clean Air Act and Federal Water Pollution Control Act as applicable, the Energy, Policy and Conservation Act (Public Law 94 -163) and any Executive Orders pertaining to the use of the grant funds. No federal funds may be used by the Recipient or its employees or agents for lobbying Congress of the Florida Legislature. The Recipient shall not employ unauthorized aliens. The Recipient shall comply with all laws, orders, and regulations pertaining to Equal Employment Opportunity. If applicable, the Recipient shall comply with the Pro - Children Act of 1994. B. Risk Prevention and Incident Reporting The Subrecipient shall comply with CFOP 215 -6 for establishing risk prevention and reporting any incident listed in CFOP 215 -6. The Subrecpient shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the Florida Abuse Hotline at telephone number 1- 800- 96ABUSE. This requirement applies to both the Subrecipient and its employees. C. Confidentiality of Client Information The Subrecpient shall not use or disclose any served by occasion of this agreement for any 2012 Challenge Grant SAWCC information concerning any clients or persons purpose prohibited by state or federal law or Page 4 of 17 loos regulations except with the prior written consent of a person legally empowered to give that consent or when authorized by law. D. Civil Rights Requirements The Subrecpient shall comply with all civil rights laws, regulations, and orders including, but not limited to, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Florida Civil Rights Act of 1992, and 45 CFR Parts 80, 83, 84, 90, and 91. The Subrecpient shall not discriminate against any employee or applicant on the basis of race, color, gender, national origin, disability, age, or marital status. E. Health Insurance Portability and Accountability Act The Recipient shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d) as well as all regulations promulgated pursuant to the act (45 CFR Parts 160, 162, and 164). F. Emergency Preparedness The Subrecipient shall develop and submit to the County an emergency preparedness plan not later than 30 days after execution of this agreement and updated plans shall be submitted at least annually thereafter. G. Whistleblower's Act Requirements In accordance with section 112.3187(2), Florida Statutes (F.S.), agencies or independent contractors shall not retaliate against an employee for reporting violations of law to an appropriate agency that creates substantial and specific danger to the public's health, safety, or welfare. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Employees and persons may file with the Office of Chief Inspector General, Agency Inspector General, the Florida Commission on Human Relations or the Whistle- blower's Hotline number at 1- 800 -543 -5353. H. Support to the Deaf or Hard -of- Hearing (1) The Subrecpient shall comply with section 504 of the Rehabilitation Act of 1973, 29 794, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990, 42 12131, as implemented by 28 C.F.R. Part 35 (hereinafter referred to as ADA), and the Children and Families Operating Instruction (CFOP) 60 -10, Chapter 4, entitled "Auxiliary Aids and Services Persons with Hearing Impairment." (2) The Subrecpient shall, if the Subrecpient employs 15 or more employees, designate a Single - Point-of- Contact (one per firm) to ensure effective communication with deaf or hard -of- hearing customers or companions in accordance with Section 504, the ADA, and CFOP 60 -10, Chapter 4. The name and contact information for the provider's Single- Point -of- Contact shall be furnished to the department's Grant or Contract Manager within 14 calendar days of the effective date of this requirement. (3) The Subrecpient shall, within 30 days of the effective date of this requirement, contractually 2012 Challenge Grant SAWCC Page 5 of 17 1605 require that its partners, subcontractors and agents comply with section 504, the ADA, and CFOP 60 -10, Chapter 4. A Single- Point -of- Contact shall be required for each Subrecpient that employs 15 or more employees. This Single- Point -of- Contact will ensure effective communication with deaf or hard -of- hearing customers or companions in accordance with Section 504 and the ADA and coordinate activities and reports with the provider's Single- Point- of- Contact. (4) The Single - Point -of- Contact shall ensure that employees are aware of the requirements, roles & responsibilities, and contact points associated with compliance with Section 504, the ADA, and CFOP 60 -10, Chapter 4. Further, employees of Subrecpient with 15 or more employees shall attest in writing that they are familiar with the requirements of Section 504, the ADA, and CFOP 60 -10, Chapter 4. This attestation shall be maintained in the employee's personnel file. (5) The Subrecpient's Single- Point -of- Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the deaf or hard -of- hearing customers or companions are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately, but not later than March 12, 2010, with respect to current providers (partners, subcontractors, and agents). The approved Notice can be downloaded through the Internet at: http://www.dcf.state.fl.us/admin/ig/civilrights.shtml. (6) The Subrecpient shall document the customer's or companion's preferred method of communication and any requested auxiliary aids /services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored. The Subrecpient shall submit Compliance Reports monthly, not later than the 15th day of each month, to the department's Grant or Contract Manager. The Subrecpient shall distribute Customer Feedback forms to customers or companions, and provide assistance in completing the forms as requested by the customer or companion. (7) If customers or companions are referred to other agencies, the Subrecpient must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aids /service needs. I. Return of Funds The Subrecipient shall promptly return to the County any overpayments due to unearned funds, disallowed or ineligible expenditures, or accounting or record keeping errors. The Subrecipient shall return such excess funds immediately upon discovery by it or its employees or upon receiving written notice from the County. VII: PROJECT PUBLICITY Any news release or other type of publicity pertaining b recognize the County as the recipient funded by the State through the Department of Children and Families as the project. 2012 Challenge Grant SAWCC 1 the project as stated herein must of Florida Office on Homelessness entity that provided funds for the Page 6 of 17 1605 VIII: MANAGEMENT ASSISTANCE CCHHVS will be available to the Subrecipient to provide guidance on SCG requirements. IX: MAINTENANCE OF RECORDS Subrecipient shall maintain the following records. A. Subrecipient shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by the CCHHVS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by DCF Regulations and shall maintain the following financial records: An invoice and a copy of a warranty for all items purchased and paid for under standard Subrecipient procedures. 2. The current, prevailing Agreement, all project contracts, and corresponding billings. B. Subrecipient shall maintain project records and financial information so that the State could conduct an audit of SCG activities and funds. All audits covering the use of SCG funds shall be provided to CCHHVS. C. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the CCHHVS or DCF, may deem necessary. CCHHVS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. Subrecipient shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than six (6) years after the starting date of this SCG Agreement or, if audit findings have not been resolved at the end of the six (6) year period, the records shall be retained until resolution of the audit findings. State auditors and any person duly authorized by DCF or CCHHVS shall have the right to examine any of the said materials at any time during regular business hours. D. Subrecipient shall allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Subrecipient in conjunction with this SCG. X: MONTHLY REPORTS AND EVALUATION Subrecipient agrees to provide the CCHHVS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution. A final report 2012 Challenge Grant SAWCC Page 7 of 17 1605 summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities must be provided prior to grant closeout. XI: INDEPENDENT AGENT AND EMPLOYEES Subrecipient agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits. XII: CONTRACTS All contracts made by the Subrecipient to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services contracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement and written approval of CCHHVS. All improvements specified in Exhibit "A" shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the County and state requirements. Subrecipient shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by Subrecipient and monitored by the County, which shall have access to all records and documents related to the project. XIII: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the Subrecipient who exercises or have exercised any function or responsibility with respect to SCG activities assisted under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a SCG assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an SCG assisted activity or with respect to the proceeds of the SCG assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. XIV: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the 2012 Challenge Grant SAWCC Page 8 of 17 16D5 sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. XV: INSURANCE Subrecipient agrees this coverage shall be provided on a primary basis. Unless expressly waived in writing by the County, Subrecipient shall provide the following: 1. COMMERCIAL GENERAL LIABILITY The SUBRECIPIENT shall furnish to the Housing and Human Services Department, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: (a.) Workers' Compensation as required by Chapter 440, Florida Statutes. (b.) Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. (c.) Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. XVI: WAIVER Subrecipient will not waive any of the duties and obligations under the contract without the express written consent of Collier County. XVII: SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. CCHHVS will provide a resale certificate to be completed by the Subrecipient whereby Subrecipient represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. Subrecipient further agrees to indemnify and hold harmless Collier County from any and all taxes, penalties, interest and professional fees associated with the collection of any sales tax under the SCG. XVIII: AMENDMENT; NON - ASSIGNABILITY; MERGER AND SEVERABILITY The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or DCF guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval 2012 Challenge Grant SAWCC Page 9 of 17