Agenda 10/13/2009 Item #16D 4
Agenda Item No. 1604
October 13, 2009
Page 1 of 17
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve and authorize the
Chairman to sign a subrecipient agreement with Collier County Hunger and Homeless
Coalition (CCHHC) providing for a $102,155 Housing and Urban Development (HUD)
Continuum of Care (CoC) grant to support the Homeless Management Information System
(HMIS).
OBJECTIVE: To provide assistance to the CCHHC by providing HUD CoC funding to support
HMIS operations and supportive services in the amount of$102,155.
CONSIDERATIONS: The Collier County Department of Housing & Human Services (HHS)
proposes to provide $102,155 in CoC grant funds to CCHHC to support the Homelessness
Management Informiillon System (HMIS).
,-
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 cae
grant. On November 18, 2008 (Item 16D4), the Board approved the submission of a 2008-2009
CoC grant application to HUD for three projects requesting $761,753 in homeless assistance
funding. HUD recently notified the County that it has received partial funding for its application
in the amount of $330,763. As pali of the award, the CCHHC will receive funding in the amount
of $102,155. On July 28, 2009, the BCC approved the receipt of the total CoC award in the
amount of $330,763 (Item 16D8).
FISCAL IMPACT: Approval of this agreement will provide a HUD CoC grant in the amount of
$102,155 to the CCHHC. No general funds are being utilized for this CoC project. The original
amount of the grant is $104,646 of which CCHHC is receiving $102,155 in CoC grant funding
and $2,491 will be kept by HHS for administering the grant. The Budget is in place for this grant
on July 28, 2009 item 16D8.
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 by the County Attorney's office
and requires majority vote only. This item is legally sufficient for Board action. -CMG
RECOMMENDATION: Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement with CCHHC providing for a
$102,155 Housing and Urban Development (HUD) Continuum of Care (Coe) grant to support
the Homeless Management Information System (HMIS).
Prepared by: Sandra Marrero, Grants Coordinator
Housing and Human Services Department
Agenda Item No. 1604
October 13, 2009
Page 2 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1604
Recommendation that the Board of County Commissioners approves and authorizes the
Chairman to sign a subrecipient agreement with Collier County Hunger and Homeless
Coalition (CCHHC) providing for a $102,155 Housing and Urban Development (HUD)
Continuum of Care (CoC) grant to support the Homeless Management Information System
(HMIS).
10/13/2009 9:00:00 AM
Meeting Date:
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin. --_
9/2512009 11 :47 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
9/28/2009 11 :30 AM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
9/30/2009 9:25 AM
Approved By
Colleen Greene
Assistant County Attorner
Date
County Attorney
County Attorney Office
9/30/2009 4: 17 PM
Approved By
Jeff Klatzkow
County Attorney
Date
County Attorney
County Attorney Office
10/1/20094:17 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
10/2/20099:24 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
10/2/20094:47 PM
Approved By
John A. Yonkosky
Director of the Office of Management
Date
County Manager's Office
Office of Management & Budget
1012/20094:58 PM
Agenda Item No. 1604
October 13, 2009
Page 3 of 17
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC.
Catalog of Federal Domestic Assistance # 14.235
HUD Grant # FL0294B4D06080 1, PIN FL606
THIS AGREEMENT, is entered into this day of 200_, by and between
Collier County, a political subdivision of the State of Florida, ("COUNTY"), and Collier County Hunger and Homeless
Coalition, Inc. (CCHHC) a private not-for-profit corporation existing under the laws of the State of Florida, having its
principal address as 1044 6th Ave. North, Naples, FL 34102, and its Federal Tax Identification number as 04-3610154,
hereinafter referred to as (ltSUBRECIPIENTIt).
WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the
Continuum of Care Supportive Housing Program effective October 23, 2008, and entered into an agreement with the
SUBRECIPIENT to act on its behalf in the oversight and administration of the HUD Grant for the execution -and
implementation of a Dedicated Homeless Management Information System (HMIS), pursuant to the McKinney
Homeless Assistance Act, S 42 USC 11381-11389; and
WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County
residents through the SUBRECIPIENT according to this Agreement, and
WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain
activities to primarily benefit persons residing in Collier County who are homeless or at risk of being homeless; and
WHEREAS, the Collier County Department of Housing and Human Services (HHS) further agrees that it will use due
diligence in supervising the SUBRECIPIENT to assure that funds are expended for the purposes intended and that a full
accounting for these grants is made; and
WHEREAS, HHS desires to engage the SUBRECIPIENT to implement such undertakings of the HMIS Program as
stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the
Parties as follows:
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Agenda Item No. 1604
October 13, 2009
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ARTICLE ONE:
DEFINITIONS AND PURPOSE:
A. DEFINITIONS
(1) "COUNTY" means Collier County, and where applicable, its authorized representative(s).
(2) "HHS" means Collier County's Department of Housing and Human Services, and where applicable, its
authorized representative(s).
(3) "HHS Approval" means the written approval of the HHS or its designee.
(4) "SUBRECIPIENT" means COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. or
CCHHC and where applicable its authorized representative(s).
(5) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act
on its behalf.
(6) "Project" means the work contemplated to be performed as set forth in Exhibit "A."
(7) "SHP" means Supportive Housing Program.
(8) "Beneficiaries" means persons who are homeless or at-risk of homelessness.
ARTICLE TWO:
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to
conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along
with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof.
ARTICLE THREE:
TIME OF PERFORMANCE
The effective date of the Agreement between HUD and Collier County shall be September 1, 2009. Subrecipients are
authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior
written approval. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this
Agreement. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to August
31,2010. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
ARTICLE FOUR:
CONSIDERATION AND LIMITATION OF COSTS
A. The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined
by the COUNTY, in an amount not to exceed $102,155.00 (ONE HUNDRED TWO THOUSAND ONE
HUNDRED FIFTY FIVE DOLLARS) for the services described in Exhibit "A" of which, $99.663.00
(NINETY NINE THOUSAND SIX HUNDRED SIXTY THREE DOLLARS) will go to the Collier County
Hunger and Homeless Coalition with $2.492.00 (TWO THOUSAND FOUR HUNDRED NINETY TWO
DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration. The
amount of $2.491.00 (TWO THOUSAND FOUR HUNDRED NINETY ONE DOLLARS) to be retained
by Collier County for grant administration. In the event the project costs exceed the stated amount, the
SUBRECIPIENT shall be responsible for the excess.
B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put
out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder.
Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall
have access to all records and documents related to the project.
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Agenda Item No. 1604
October 13, 2009
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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:
PAYMENTSINOTICES
A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by
HHS using fWD funding. Payments will be limited to items in Exhibit "A."
B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT
shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit
a cost allocation plan for approval by HHS within forty-five (45) days of said official notification.
C. The SUBRECIPIENT further agrces to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
D. The SUBRECIPIENT shall submit payment requests to HHS using the cover sheet in Exhibit "B," which is
attached hereto and made a part hereof. These requests will only be approved if:
1. The contractor's/vendors request for payment has been reviewed and approved by the SUBRECIPIENT
as stated on the Certificate of Payment and the attached original invoice. In no event shall the HHS
provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder.
2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be
considered proper documentation. When original documents cannot be presented, the SUB RECIPIENT
must adequately justify their absence, in writing, and furnish copies.
3. Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee,
payment shall be made by HHS.
4. All notices required to be given under this Agreement shall be sufficient when delivered to HHS at its
office, presently located at 3301 E. Tamiami Trail Bldg. H, Suite 211, Naples, Florida 34112, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement.
E. All disbursements by the SUBRECIPIENT must be fully documented to HHS so as to be available, on request,
for inspection or audit in accordance with the provisions of ARTICLE NINE herein below.
F. The SUBRECIPIENT shall render a final and complete statement to HHS of all costs and charges for services
not previously invoiced. HHS shall not be responsible for payment of any charges, claims, or demands of the
SUBRECIPIENT incurred after August 31, 2010.
ARTICLE SIX:
COMPLIANCE V\'lTH FEDERAL RULES, REGlJLATIONS AND LAWS
The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 583, of the BUD regulations concerning
the Supportive Housing Program and all federal regulations.
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
The SUBRECIPIENT 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.
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Agenda Item No. 1604
October 13, 2009
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2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et. seq.
4. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination
and promotes equal opportunity in housing.
5. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375
and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds.
6. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,
42 USC ~ 2000e, et. seq.
__}. 24 CFR 135 - Regulations outliniIlg 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 use 327-332.
10. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5).
11. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at 24
CFR 583.330(d).
13. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the
SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,
flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map
amendment (LOMA) may be obtained from FEMA, which would satisfy tIns requirement and/or reduce the cost of said
flood insurance.
14.
projects.
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
15.
Public Law 100-430 - the Fair Housing Amendments Act of 1988.
16.
OMB Circular A-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.
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Agenda Item No. 1604
October 13, 2009
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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 unilaterally tenninate 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
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County
Administrative Procedure 5311.
23. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except
the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the
terms of the Contract Documents cannot be resolved by application of the Suppl~mental Conditions, if any, or the
Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents
upon the Contractor at Owner's discretion.
24. Venue - Any suit or action brought by either party to this Agreement against the other party relating to
or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida,
which courts have sole and exclusive jurisdiction on all such matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by
negotiation. The negotiation shall be attended by representatives of SUBRECIPIENT 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 proj ect as stated herein must recognize the COUNTY as the
recipient funded by HUD and the entity that provided funds for the project.
ARTICLE EIGHT:
MANAGEMENT ASSISTANCE
The HHS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements.
ARTICLE NINE:
MAINTENANCE OF RECORDS
The SUBRECIPIENT shall maintain the following records.
A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are
deemed necessary by HHS to assure proper accounting of project funds and compliance with the provisions of
this Agreement.
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Agenda Item No. 1604
October 13, 2009
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The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall
maintain the following financial records:
1. An invoice and a copy of a warranty for all items purchased and paid for under standard
SUBRECIPIENT procedures.
2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of
warranties.
3. HHS will require audit and record keeping requirements. All records shall be in sufficient detail to
permit proper pre-audit and post audit of all expenditures.
B. The SUBRECIPIENT shall maintain records showing compliance with federal and local purchasing
requirements and with other requirements for grant implementation.
C. The SUBRECIPIENT shall maintain project records and financial information so that BUD could conduct an
audit ofHMIS activities and funds. All audits covering the use ofHMIS funds shall be provided to the HHS
Grant Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports
required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this
Agreement.
D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection
or copying at any time during normal business hours and as often as the HHS Grant Coordinator or HUD, may
deem necessary. HHS shall have the right to obtain and inspect any audit pertaining to the performance of this
Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and
supporting documentation applicable to the Agreement for a period of not less than three (3) years after the
starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year
period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly
authorized by HUD or HHS shall have the right to examine any of the said materials at any time during regular
business hours.
ARTICLE TEN:
MONTHLY REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS
The SUBRECIPIENT agrees to provide HHS with monthly status reports no later than the 10th 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 ofproject activities.
CCHHC will be required to submit its Annual Performance Report (APR) to HHS by October 1 st of each year through
the end of the grant.
Reimbursement will be contingent on the timely receipt of complete and accurate repOlis required by this Agreement,
and on the resolution of monitoring or audit findings identified pursuant to this Agreement.
HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT
complies with any additional conditions that may be imposed by HHS, or HUD at any time.
The SUBRECIPIENT will be required to submit to HHS a written attestation they are not debarred, suspended, or
otherwise excluded from or ineligible for participation in Federal Assistance programs under Executive Order 12549,
"Debarment and Suspension" by July 1 Sl of each year through the end of the grant.
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Agenda Item No. 1604
October 13, 2009
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AUDITS AND INSPECTIONS
At any time during normal business hours and as often as HHS, HUD, or the Comptroller General of the United States
may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, or HUD, or the Comptroller
General for examination all its records with respect to all matters covered by the Agreement.
The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains
to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to
submit a single audit, including any management letter, made in accordance with the general program requirements of
OMB Circulars A-II 0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit
Organizations), A-133 (Audits of State, Local 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. '(he SUBRECIPIENT shall provide such audit to HHS. In the event the SUBRECIPIENT
anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an
extension in advance of the deadline. The cost of said audit shall be 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.
ARTICLE ELEVEN:
CONTRACTS
All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in
accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services
subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth
in this Agreement.
ARTICLE T\YEL VE:
CONFLICT OF INTEREST
No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or
have exercised any function or responsibility with respect to CoC-SHP activities assisted under or who are in the
position to participate in a decision making process or gain inside information with regard to such activities, may obtain
a financial interest or benefit from a CoC-SHP assisted activity, or have a financial interest in any contract, subcontract
or agreement with respect to an CoC-SHP assisted activity or with respect to the proceed of the CoC-SHP assisted
activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year
thereafter.
ARTICLE THIRTEEN:
AlVIENDl\1ENTS
The County may, at its discretion, amend this Agreement to confonn to changes required by Federal, State, County, or
BUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of
this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment
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Agenda Item No. 16D4
October 13, 2009
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to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's
authorized representatives.
ARTICLE FOURTEEN:
INDEMNIFICATION
To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless Collier County,
and its officers, employees from any and all liabilities, claims, damages, penalties, demands, judgn1ents, 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 SUBRECIPIENT or from personal injury, property damage,
direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional
wrongful misconduct of SUBRECIPIENT or anyone employed by the SUBRECIPIENT in performance of this
Agreement.
ARTICLE FIFTEEN:
TERMINATION
In event of termination for any of the reasons identified in sub-sections 1-3 as follows, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, reports prepared, and capital equipment secured
by the SUBRECIPIENT with funds under this Agreement shall be returned to HHS or the COUNTY. In the event of
termination, the SUBRECIPIENT shall not be relieved of liability to the COUNTY for damages sustained by the
COUNTY by virtue of any breach of the Contract by the SUBRECIPIENT, and the COUNTY may withhold any
payment to the SUBRECIPIENT for set-off purposes until such time as the exact amount of damages due to the
COUNTY from the SUBRECIPIENT is determined.
1. TERMINA nON 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.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and COlmnunity Development Act of 1974
(as amended) is suspended or terminated, tIlis Agreement shall be suspended or tenninated effective on the date that
BUD specifies.
ARTICLE SIXTEEN:
INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as detemnned by its insurance agent
through a site visit and by providing a copy of HMIS grant application and the scope of the project in Exhibit "A." The
insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HHS as to the need for additional
insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten
(10) days of signing of this Agreement. The SUBRECIPIENT at its expense must purchase additional coverage if it is
so determined upon presentation of the report through the completion of the proj ect.
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Agenda Item No. 1604
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BUSINESS AUTOMOBILE LLi\BIUTY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000
per person and $200,000 per accident/occurrence per Florida Statutes S 768.28 and $2,000,000 per accident for federal
and outside Florida litigation per Florida Statutes 9 768.28 for all owned, non-owned and hired automobiles. The
SUBRECIPIENT shall agree to maintain physical damage coverage for a period not less than ten (10) years with
deductibles not exceeding $1000 for Comprehensive and Collision. Collier County Board of County Commissioners
shall be endorsed to the policy as a Loss Payee. The SUBRECIPIENT shall agree to be fully responsible for any
deductibles, self-insured retention or uncovered losses. The Sl.TBRECIPIENT 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 Agents, c/o Department of Housing and Human Services". The SUBRECIPIENT
shall agree the Additional Insured endorsements provide coverage on a primary basis.
CERTIFICATE OF INSURANCE
The SUBRECIPIENT shall agree to deliver to the County a certificate(s) of insurance evidencing the required insurance
is in full force and effect within thirty (30) calendar days prior to the execution of this Agreement by the County. A
minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage shall be included on the
certifi cate( s).
ARTICLE SEVENTEEN:
WAIVER
The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written
consent of HHS.
ARTICLE EIGHTEEN:
SALES TAX INDEMNIFICATION
The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHS will provide a
resale certificate to be completed by the SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has
filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPIENT further
agrees to indemnify and hold harmless the COUNTY and/or HHS from any and all taxes, penalties, interest and
professional fees associated with the collection of any sales tax under the HMIS grant.
ARTICLE NINETEEN:
NON-ASSIGNABILITY
Pursuant to 24 CFR 583.405, the SUBRECIPIENT may not assign this Agreement without the prior written consent of
HHS and HUD.
ARTICLE TWENTY:
ENTIRE UNDERSTANDING
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the
entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties,
covenants, or undertakings other than those expressly set forth herein.
CaC HMIS RENEWAL FL0294B4D06080 1
Page 9 of 15
WITNESS our Hands and Seals on this
ATTEST:
DWIGHT E. BROCK, CLERK
By:
,Deputy Clerk
Dated:
(SEAL)
First Witness
~~I-\ b_Q~
A1\~RGo A. ' C i\'S\OC~
Type/print witness name
~
~T't"(..'IV ?a~'1i:1
Type/print witness name
Approved as to form and legal sufficiency:
~~
/
Colleen M. Greene
Assistant County Attorney
Agenda Item No. 1604
October 13, 2009
Page 12 of 17
day of
,20
BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA
By:
DONNA FIALA, CHAIRMAN
Collier County Hunger and Homeless Coalition, Inc.
By: tY~ 111 ~J
SubreClpient Signature
D~~fC~ '}uC\hr
Type/print Subrecipient name and title
CoC HMIS RENEWAL FL0294B4D06080 I
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Agenda Item No. 1604
October 13, 2009
Page 13 of 17
EXHffiIT "A"
SCOPE OF SERVICES
COLLIER COUNTY HUNGER AND HOMELESS COALITION
( GRANT AGREEMENT HMIS)
I. THE SUBRECIPIENT AGREES TO:
A. PROJECT SCOPE:
The purpose of this project is to support the ongoing BUD requirement that the Collier Continuum of Care have
a functional Homeless Management Information System (HMIS). The SUBRECIPIENT was assigned these
responsibilities by the Lead Agency which is HHS. The responsibilities include the infOlmation systems
management, administration, support, training, and growth. These responsibilities are focused on providing a
shared data repository which generates reports to assist decision makers in effectively reducing and eliminating
homelessness. The focus is on activities for improving data quality, maintaining current participating agency.
level of service and participation, and adding other agencies to the HMIS. The resultant infonnation system
allows these Collier County participating agencies to provide more efficient service to the residents of the
Continuum of Care through the features of the HMIS.
The SUBRECIPIENT further agrees that HHS, shall be the final arbiter on the SUBRECIPIENT's compliance
with the above.
B.
BUDGET:
Line Item:
Grant Funds
Other:
Equipment $ 1,000.00
Software $ 1,000.00
Services/Internet/Hosting/Technical Services $ 2,450.00
Personnel Management Coordinator $ 81,080.00
Tech Asst Training $ 1,327.00
Space Costs $11,626.00
Operational Costs $ 1,180.00
Administration to CCHHC $ 2.492.00
TOTAL HUD FUNDING toCCHHC $102,155.00
TOTAL HUD Administration funding to HHS $ 2.491 .00
TOTAL HUD FUNDING FOR PROJECT $104,646.00
Match from State Challenge Grant _____________________m__ $32,000.00
TOTAL PROJECT BUDGET \VITH MATCH $136,734.00
*Per COC application requirements, the subrecipient is responsible for match contributions. Match
documentation must be submitted to HHS prior to any expenditure of grant funds.
.A.ny indirect costs charged must be consistent with the conditions of this Agreement. If indirect costs are
charged, the SUBRECIPIENT, will develop an indirect cost allocation plan for detel1l1ining the appropriate
SUBRECIPIENT share of administrative costs and shall submit such plan to HHS, for HHS approval.
C. FORMER PROJECTS: Failure to adequately maintain any fOlmer BUD funded projects may result in the delay
of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds.
CoC HMIS RENEWAL FL0294B4D06080 1
Page 11 of 15
D. WORK SCHEDULE:
Agenda Item No. 1604
October 13, 2009
Page 14 of 17
The time frame for completion of the outlined activities shall be:
START DATE
September, 2009
December, 2009
END DATE
December, 2010
January, 2010
January, 2010
March, 2010
April, 2010
August 31,2010
Februar 28 2010
Au st31,2010
Se tember 1 2009
E. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the HHS coordinator
outlining the status of specific activities under the project. Each report must account for the total activity for
which the SUBRECIPIENT is reimbursed with CoC funds, in part or in whole, and which is required in
fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports
shall be used as an additional basis for HHS approval of invoices, etc. for reimbursement. SUBRECIPIENT will
be required to submit its Annual Performance Report (APR) to HHS by October 1,2010.
CaC HMIS RENEWAL FL0294B4D06080 1
Page 12 of 15
Agenda Item No. 16D4
October 13, 2009
Page 15 of 17
EXHffiIT "B"
COLLIER COUNTY HOUSING AND GRANTS SECTION
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier Countv Hunger and Homeless Coalition, Inc. (CCHHC)
Subrecipient Address: 1044 6th Ave N. Naples, FL 34102
Project Name: Renewal Grant HMIS
Project No:
FL0294B4D060801
Activity #
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
$102.155.00
2. Sum of Past Claims Paid on this Account
$
3. Total Grant .A.mount Awarded Less Sum
Of Past Claims Paid on this Account
$
4. Amount of Previous Unpaid Requests
$
5. Amount of To day's Request
$
6. Current Grant Balance (Initial Grant
Amount Awarded Less Sum of all
Requests)
$
7. If applicable amount held as retainage to
date by the County, if not retained by
the sub-recipient.
$
r 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. r also certify that the amount of the Request for Payment is not in
excess of current needs. By signing this request I'm assuring that all of the work has been completed to this
organizations satisfaction.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Director
(Signature not required if under $15,000.00)
CaC HMIS RENEWAL FL0294B4D060801
Page 13 of 15
Agenda Item No. 16D4
October 13, 2009
Page16of17
EXHIDIT "C"
CoC MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing and Grants Section staff by the 1 rI" of the following month.
Status Report for Month of
Submittal Date:
Project Name:
Grant Agreement HMIS
Project Number: FL0294B4D060801
Activity Number:
Subrecipient:
Collier County Hunger and Homeless Coalition (CCHHC)
Contact Person:
.Debra Mahr
Telephone:
239-253-3449
Fax:
239-430-4537
E-mail:
executi vedirector@coUierhome1esscoalition.org
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 Acthity (s):
7. Progress on Completion of the Grant Activity (s):
CoC HMIS RENEWAL FL0294B4D060801
Page 14 of 15
Agenda Item No. 1604
October 13, 2009
Page 17 of 17
For each funded activity, provide a concise written narrative that compares work accomplished to date versus
plmmed timeframes for completion of the activity as outlined in your application.
Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to
assure completion of the activity or use by August 31, 20 I O.
Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY August 31,2010,
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 August 31, 20 I 0 etc.)
CaC HMIS RENEWAL FL0294B4D060801
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