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Agenda 10/27/2009 Item #16D 5Agenda Item No. 161D5 October 27, 2009 Page 1 of 18 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement with St. Matthew's House, Inc. providing for a $110,424 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to support Wolfe Apartments. OBJECTIVE: To provide assistance to St. Matthew's House, Inc. by providing HUD CoC funding to support Wolfe Apartments operations and supportive services in the amount of $110,424. CONSIDERATIONS: The Collier County Department of Housing & Human Services (HHS) proposes to provide $110,424 in CoC grant funds to St. Matthew's House, Inc. to support Wolfe Apartments. 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 CoC 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 part of the award, St. Matthew's House, Inc. will receive funding in the amount of $110,424. 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 $110,424 to St. Matthew's House, Inc. No general funds are being utilized for this CoC project. The original amount of the grant is $113,117 of which St. Matthew's House is receiving $110,424 in CoC grant funding and $2,693 will be kept by HI IS for administering the grant. A budget was established 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. 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 St. Matthew's House, Inc. providing for a $110,424 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to support Wolfe Apartments. Prepared by: Sandra Marrero, Grants Coordinator Housing and Human Services Department Page 1 of 1 Agenda Item No. 16D5 October 27, 2009 Page 2 of 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16D5 Item Summary: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a subrecipient agreement with St. Matthews House, Inc. providing for a $110,424 Housing and Urban Development (HUD) Continuum of Care (CoC) grant to support Wolfe Apartments. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Sandra Marrero Grants Management Coordinator Date Public Services Housing & Human Services 10/6/2009 1:36:39 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 10/9/2009 10:40 AM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 10/9/2009 11:03 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 101912009 4:54 PM Approved By Marlene J. Foord Grants Coordinator Date Administrative Services Administrative Services Admin. 10/1312009 9:57 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 10/13/2009 11:56 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10114/2009 11:20 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 10/1412009 2:12 PM Approved By Jeff Kiatzkow County Attorney Date County Attorney County Attorney Office 10114/2009 2:21 PM Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 10114/2009 3:32 PM fi1e: //C:\AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDA \16D. PUBLI... 10/21/2009 Agenda Item No. 16D5 October 27, 2009 Page 3 of 18 AGREEMENT BETWEEN COLLIER COUNTY -i",M ST. MATTHEW'S HOUSE, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FL0296134D060801, 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 St. Matthew's House, Inc. a private not - for - profit corporation existing under the laws of the State of Florida, having its principal address as 2001 Airport Rd. South, Naples, FL 34112, and its Federal Tax Identification number as 65- 111050, hereinafter referred to as ( "SUBRECIPIENT "). WHEREAS, COUNTY applied to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program effective 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 Continuum of Care (CoC) Supportive Housing Program (SHP), pursuant to the McKinney Homeless Assistance Act, § 42 USC 11381 - 11389; and WHEREAS, the COUNTY believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this Agreement, and WHEREAS, the COUNTY and SUBRECIPIENT, in accordance with HUD requirements, are undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at risk of being homeless; and WHEREAS, the Collier County Department of Housing 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 CoC -SHP Program as stated in the approved Supportive Housing Program (SHP) application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 1 of 16 ARTICLE ONE: A. DEFINITIONS DEFINITIONS AND PURPOSE: Agenda Item No. 16D5 October 27, 2009 Page 4 of 18 (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 St. Matthew's House, Inc. 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 this Agreement between HUD and Collier County shall be October 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 SUBRECIPIENT prior to September 30, 2010. Any funds not obligated by the expiration date of the Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by the COUNTY, in an amount not to exceed $110,424.00 (ONE HUNDRED TEN THOUSAND FOUR HUNDRED TWENTY FOUR DOLLARS) for the services described in Exhibit "A" of which, $107,730.00 (ONE HUNDRED SEVEN THOUSAND SEVEN HUNDRED THIRTY DOLLARS) will go to the St. Matthew's House with $2,694.00 (TWO THOUSAND SIX HUNDRED NINETY FOUR DOLLARS) of the original amount to be retained for SUBRECIPIENT grant administration. The amount of $2,693.00 (TWO THOUSAND SIX HUNDRED NINETY THREE 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. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 2 of 16 Agenda Item No. 161D5 October 27, 2009 Page 5 of 18 Contract administration shall be handled by the SUBRECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. SUBRECIPIENT shall be responsible for providing match funding. SUBRECIPIENT shall not seek reimbursement from the COUNTY general funds for this match funding. The SUBRECIPIENT may be eligible for other federal grant opportunities. ARTICLE FIVE: PAYMENTS/NOTICES A. Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by HHS using HUD 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 agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. D. The SUBRECIPIENT shall submit payment requests to 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 SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by St. Matthew's House, Inc. 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 month September 30, 2010. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of 24 CFR Part 583, of the HUD regulations concerning the Supportive Housing Program and all federal regulations. LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with any applicable laws, ordinances, regulations and orders of the State, local and Federal governments, including, but not limited to: C;oC; St. Matthew's House, Inc. FL0296B4DO60801 Page 3 of 16 Agenda Item No. 16D5 October 27, 2009 Page 6 of 18 1. 24 CFR 583, as amended - The regulations governing the Supportive Housing Program. 2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 3. Title VI of the 1984 Civil Rights Act, 42 USC § 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. 7. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 8. Age Discrimination Act of 1975. 9. Contract Work Hours and Safety Standards Act, 40 USC 327 -332. 10. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5). 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 this requirement and/or reduce the cost of said flood insurance. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 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. CoC St. Matthew's House, Inc. 171,0296134D060801 Page 4of16 Agenda Item No. 16D5 October 27, 2009 Page 7 of 18 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 terminate this agreement immediately. 21. Chapter 112, Florida Statutes, 22. Prohibition of Gifts to County Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in 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 Supplemental 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 project as stated herein must recognize the COUNTY as the recipient funded by HUD and the entity that provided funds for the project. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HHS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. COC St. Matthew's House, Inc. FL0296B4DO60801 Page 5 of 16 Agenda Item No. 161D5 October 27, 2009 Page 8 of 18 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. 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. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 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 HUD could conduct an audit of St. Matthew's House, CoC -SHP activities and funds. All audits covering the use of St. Matthew's House, CoC -SHP 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 100' of every month as shown in Exhibit "C" beginning the month of contract execution and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. SUBRECIPIENT will be required to submit its Annual Performance Report (APR) to HHS by November 1st of each year through the end of the grant. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 6of16 Agenda Item No. 16D5 October 27, 2009 Page 9 of 18 Reimbursement will be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring or audit findings identified pursuant to this Agreement. 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" of each year through the end of the grant. 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 -110 (Uniform Administrative Requirement for Federal Grants), A -122 (Cost Principles for Non - Profit Organizations), A -133 (Audits of State, Local Governments, and Non - Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to 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 TWELVE: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to CoC -SHP activities assisted under or who are in the 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 at. tviatmew s house, Inc. rL0296B4D060801 Page 7of16 Agenda Item No. 16D5 October 27, 2009 Page 10 of 18 or agreement with respect to an CoC -SHP assisted activity or with respect to the proceed of the CoC -SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FOURTEEN: INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harniless Collier County, and its officers, employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorney' fees and paralegals' fees, whether resulting from any claimed breach of the Agreement by 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. TERMINATION FOR CAUSE If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such termination to the other party and specifying therein the effective date of termination. (See 24 CFR 85.43.) 2. TERMINATION FOR CONVENIENCE At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See 24 CFR 85.44.) TERMINATION DUE TO CESSATION In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974 (as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that HUD specifies. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 8 of 16 Agenda Item No. 16D5 October 27, 2009 Page 11 of 18 ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of CoC -SHP grant application and the scope of the project in Exhibit "A." The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and 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 project. BUSINESS AUTOMOBILE LIABILITY The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000 per person and $200,000 per accident/occurrence per Florida Statutes § 768.28 and $2,000,000 per accident for federal and outside Florida litigation per Florida Statutes § 768.28 for all owned, non -owned and hired automobiles. The 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 SUBRECIPIENT agrees this coverage shall be provided on a primary basis. ADDITIONAL INSURED The SUBRECIPIENT shall agree to endorse the County as an Additional Insured with a CG 2026 Additional Insured - Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Collier County Board of County Commissioners a Political Subdivision of the State of Florida its Officers Employees and Agents c/o Department of Housing & 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 certificate(s). ARTICLE SEVENTEEN: WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent of 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 CoC -SHP grant. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 9of16 Agenda Item No. 161D5 October 27, 2009 Page 12 of 18 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. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 10 of 16 Agenda Item No. 16D5 October 27, 2009 Page 13 of 18 WITNESS our Hands and Seals on this day of , 20 ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E. BROCK, CLERK COUNTY, FLORIDA By: By: ,Deputy Clerk Dated: (SEAL) First Witness DONNA FIALA, CHAIRMAN St. Matthew's House, Inc. AL0 By: Subrecipient Signature Typ6jWt witness name ''✓ A / /n / /�S�P.,If �(/�� Type /print Subrecipie t name and title Second Witness Type /print witness name A d as to form and legal sufficiency: lleen M. Greene Assistant County Attorney COO St. Matthew's House, Inc. FL0296B4DO60801 Page 11 of 16 Agenda Item No. 16D5 October 27, 2009 Page 14 of 18 EXHIBIT "A" SCOPE OF SERVICES ST. MATTHEW'S HOUSE INC. -WOLFE APARTMENTS I. THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of the project is to support the daily operations and supportive services needed to run Wolfe Apartments, a 46 -unit transitional housing facility, administered by St. Matthews House, Inc. The Wolfe Apartments are located at 4630 160' Place SW Naples, FL 34116. This grant funding is used to assist the homeless population maintain housing at Wolfe Apartments, as rents are less than market - priced housing, and to insure future participation and inclusion into the HMIS system to improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County. The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. B. BUDGET: Line Item: OPERATING SERVICES: Maintenance/Repair Utilities - Electric, water, garbage, sewer Equipment - replace A/C Appliances, lease Purchase of heavy equipment for repairs Supplies - General operating supplies Insurance TOTAL OPERATINGSERVICES SUPPORTIVE SERVICES: Case Management TOTAL SUPPORTIVE SERVICES GRANT ADMINISTRATION: CoC -SHP Funds Other: $24,000.00 $22,000.00 $ 2,000.00 $ 2,500.00 $ 23.000.00 $73,500.00 $ 34, 230.00 $ 34, 230.00 Grant Administration to St. Matthew's House $ 2,694.00 TOTAL Administration to St. Matthew's House $ 2,694.00 TOTAL CoC -SHP FUNDING to St. Matthew's $110,424.00 GRANT ADMINISTRATION: Grant Administration to HHS $ 2,693.00 $ 2,693.00 TOTAL CoGSHP Grant Funding $ 113,117.00 CoC St. Matthew's House, Inc. FL02961341)060801 Page 12 of 16 �.F. _.. _._. _.. . . I — . _ .._ __. . Agenda Item No. 16D5 October 27, 2009 Page 15 of 18 MATCH: Operating Services (25% from St. Matthew's House, Inc.) $ 24,500.00 Supportive Services (20% from St. Matthew's House Inc.) $ 8,557.50 TOTAL MATCH from St. Matthew's House, Inc. $ 33,057.50 TOTAL PROJECT BUDGET WITH MATCH $146,174.50 *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. Any 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 determining 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 former HUD funded projects may result in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant funds. D. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: MILESTONE /TASK START DATE END DATE 25% of Funding Expended October 1 2009 January 1 2010 50% of Funding Expended January 2 2010 Aril 1 2010 75% of Funding Expended Aril 2 2010 July 1, 2010 100% of Funding Expended July 2 2010 September 30 2010 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 -SHP 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 November 1, 2010. CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 13 of 16 Agenda Item No. 16D5 October 27, 2009 Page 16 of 18 EXHIBIT "B" COLLIER COUNTY ROUSING AND GRANTS SECTION REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: St. Matthew's House Inc. Subrecipient Address: 2001 AiMort Rd South, Naples FL 34112 Project Name: Wolfe Apartments Project No: FL0296B412060801 Payment Request #. SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 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. Activity #. Dollar Amount Requested: $ $ $110.424.00 I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement between the County and us as the Sub - recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Date Title Authorizing Grant Coordinator Supervisor Director (Signature not required if under $15,000.00) CoC St. Matthew's House, Inc. F1,0296134D060801 Page 14 of 16 Agenda Item No. 16D5 October 27, 2009 Page 17 of 18 EXHIBIT "C" CoC MONTHLY PROGRESS REPORT Complete form forpast month and submit to Housing and Grants Section staff by the 10``' of the following month. Status Report for Month of Submittal Date: Project Name: Wolfe Apartments Project Number: FL0296B4DO60801 Activity Number: FL606 Subrecipient: St. Matthew's House Inc. Contact Person: Lou Hoeasted Telephone: 239 - 298 -5023 Fax: 239 - 774 -7146 E -mail: _ LouAstmatthewshouse.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 Activity (s): CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 15 of 16 Agenda Item No. 161D5 October 27, 2009 Page 18 of 18 7. Progress on Completion of the Grant Activity (s): For each funded activity, provide a concise written narrative that compares work accomplished to date versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by September 30, 2010. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY September 30, 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 September 30, 2010 etc.). CoC St. Matthew's House, Inc. FL0296B4DO60801 Page 16 of 16