Backup Documents 10/27/2009 Item #16D 5
16D5
MEMORANDUM
Date:
November 3, 2009
To:
Sandra Marrero, Grants Coordinator
Human Services Department
From:
Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re:
Sub-recipient Agreement with St. Matthews House, Inc.
providing a $110,424 Housing and Urban Development
Continuum of Care Grant to support Wolfe Apartments
Attached is an original agreement, referenced above (Agenda Item #16D5)
approved by the Board of County Commissioners on October 27, 2009.
The Minutes and Records Department will hold the second original
agreement for the Board's official record.
If you should have any questions, you may contact me at 252-8406.
Thank you.
Attachment (1)
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLit 6 D 5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
excention of the Chairman's si~ature, draw a line throuoh rontino lines #1 throueh #4, comnlete the checklist, and forward to Sue Filson line #5'.
Route to Addressee(s) Office Initials Date
(List in routin" order' ~ ~
I.Sandra Marrero Housing and Human Service ~ 10/27/09
2. Colleen Greene County Attorney's Office CG- 10. zfS. tft
3. :TIala D"',",
4. ---
5. Ian Mitchell, Executive Manager Board of County Commissioners b-- IDlz-s(o)
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, 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 Sandra Marrero, Grants Coordinator Phone Number 252-2399
Contact
Agenda Date Item was 10/27/2009 Agenda Item Number 160-5
A"nroved bv the BCC
Type of Document Agreement Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro riate.
\. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attomey'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 ossibl State Officials.
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip X
should be provided to Ian Mitchell in the BCC office within 24 hours ofBCC approval. -d L-
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 our deadlines!
6. Tbe document was approved by tbe BCC on 10/27/2009 and all cbanges made during
tbe meeting bave been incorporated in the attacbed document. Tbe County Attorney's
Office bas reviewed tbe cban es, if a licable,
1: Fonnsl County Fonnsl Bee Fonnsl Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16D5
AGREEMENT BETWEEN COLLIER COUNTY
AND
ST, MATTHEW'S HOUSE, INC.
Catalog of Federal Domestic Assistance # 14.235
HUD Grant # FL0296B4D060801, PIN FL606
f1?
THIS AGREEMENT, is entered into this .;}7 day of ~('/kbc-r 200.1, 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. FL0296B4D060801
Page I of 16
1605
ARTICLE ONE:
DEFINITIONS AND PURPOSE:
A. DEFINITIONS
(I) "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, mc. and where applicable its authorized
representative( s).
(5) "HOD" 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 ofhomelessness.
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 HOD 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. m 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 THffiTY 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. m 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.
CaC St. Matthew's House, Inc. FL0296B4D060801
Page 2 of 16
1605
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 proj ect.
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:
P AYMENTSINOTICES
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 21 I, Naples, Florida 34112, and to the
SUBRECIPIENT when delivered to its office at the address listed on page one (I) ofthis 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:
CoC St. Matthew's House, Inc. FL0296B4D06080I
Page 3 of 16
16D5
I. 24 CFR 583, as amended - The regulations governing the Supportive Housing Program.
2. 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
3. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, et. seg.
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 9 2000e, et. seg.
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 ofthe Rehabilitation Act of 1973,29 USC 776(b)(5).
II. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
12. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with
assistance provided under this contract 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.
projects.
Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
IS.
Public Law 100-430 - the Fair Housing Amendments Act of 1988.
16.
OMB Circular A-133 - concerning annual audits.
17.
OMB Circular A-I22 - 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. FL0296B4D060801
Page 4 of 16
1605
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 proj ect as stated herein must recognize the COUNTY as the
recipient funded by HOD 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 HOD requirements.
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 5 of 16
1605
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 HOD Regulations and shall
maintain the following financial records:
I. An invoice and a copy of a warranty for all items purchased and paid for under standard
SUBRECIPIENT procedures.
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 HOD 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 HOD, 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 HOD 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 HOD 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 montWy status reports no later than the lOth 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. FL0296B4D06080 I
Page 6 of 16
16D5
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 tenninate 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 I" of each year through the end ofthe 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-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit
Organizations), A-B3 (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-B3 (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-B3. 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 detennining 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
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 7 of 16
16D5
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 harmless 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 SUB RECIPIENT 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.
I. TERMINATION FOR CAUSE
If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this
Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either
party shall thereupon have the right to terminate this Agreement in whole or part by giving written notice of such
termination to the other party and specifYing therein the effective date of termination. (See 24 CFR 85.43.)
2. TERMINATION FOR CONVENIENCE
At any time during the term of this Agreement, either party may, at its option and for any reason, terminate this
Agreement upon ten (10) working days written notice to the other party. Upon termination, the COUNTY shall pay the
SUBRECIPIENT for services rendered pursuant to this Agreement through and including the date of termination. (See
24 CFR 85.44.)
3. TERMINATION DUE TO CESSATION
In the event the grant to the COUNTY under Title I of the Housing and Community Development Act of 1974
(as amended) is suspended or terminated, this Agreement shall be suspended or terminated effective on the date that
HUD specifies.
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 8 of 16
1605
ARTICLE SIXTEEN:
INSURANCE
The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as detennined by its insurance agent
through a site visit and by providing a copy ofCoC-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 detennined upon presentation of the report through the completion of the project.
BUSINESS AUTOMOBILE LIABILITY
The SUBRECIPIENT shall agree to maintain Business Automobile Liability at a limit of liability not less than $100,000
per person and $200,000 per accident/occurrence per Florida Statutes ~ 768.28 and $2,000,000 per accident for federal
and outside Florida litigation per Florida Statutes ~ 768.28 for all owned, non-owned and hired automobiles. The
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 CO 2026 Additional Insured _
Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional
Insured endorsement shall read "Collier Countv Board of Count v Commissioners, a Political Subdivision of the State of
Florida, its Officers, Emolovees, and AI/ents, c/o Deoartment of Housinl/ & 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 ofHHS.
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. FL0296B4D060801
Page 9 of 16
1605
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. FL0296B4D060801
Page 10 of 16
1605
~ 7 f-J,
WITNESS our Hands and Seals on this day of
r;ck kr
,20 Oq
'-""-
BOARD OF C TY COMM:;lSSI NERS OF COLLIER
COUNTY, F A _
By: ~ J ~ '-- 10/27/2009
DONNA FIALA, CHAIRMAN
,'.(SE~'~ .c"
.J,.. >
. ""OIGSI .'
First Witness
St. Matthew's House, Inc.
~~~
~~Ci ffiLlllrY)S
Typ' ~~t witness name
/?.. p~,
By: /;~ / /~.c..--
vSubrecipient Signature
~ /t~.I"" ;C~u
Type/print Subrecipie t name and title
Second Witness
~'-::.- ~
~
~.~
/'... . ~ ;.J de d,:.rz::.Z)
Type/print witness name
A d as to form and legal sufficiency:
v'
Item #
Agenda IV~1IM
Date
Date . l'}ll ()?/
Rec'd .llWl!t1
f(f
Deputy Clerk
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 11 ofl6
16D5
EXHffiIT "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 16th 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: CoC-SHP Funds Other:
OPERATING SERVICES:
Maintenance/Repair $ 24, 000.00
Utilities-Electric, water, garbage, sewer $ 22 ,000.00
Equipment-replace A/C Appliances, lease
Purchase of heavy equipment for repairs $ 2, 000.00
Supplies-General operating supplies $ 2, 500.00
Insurance $ 23.000.00
TOTAL OPERATINGSERVICES $ 73, 500,00
SUPPORTIVE SERVICES:
Case Management $ 34, 230.00
TOTAL SUPPORTIVE SERVICES $ 34, 230,00
GRANT ADMINISTRATION:
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 CoC-SHP Grant Funding $ 113,117.00
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 12 of 16
1605
MATCH:
Operating Services (25% from St. Matthew's House, Inc.)
Supportive Services (20% from St. Matthew's House Inc.)
TOTAL MATCH from St. Matthew's House, Inc.
$ 24,500.00
$ 8.557.50
$ 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 fuoded projects may result in the delay of
processing reimbursement requests for ongoing activities or in the forfeiture of future HUD Grant fuods.
D. WORK SCHEDULE:
The time frame for completion of the outlined activities shall be:
START DATE
October 1 2009
Januar 2 2010
A riI 2 2010
Jul 2 2010
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 I, 2010.
CoC St. Matthew's House, Inc. FL0296B4D060801
Page 13 of 16
16D5
EXHffiIT "B"
COLLIER COUNTY HOUSING AND GRANTS SECTION
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:
St. Matthew's House. Inc.
Subrecipient Address: 2001 Airport Rd South, Naples FL 34112
Project Name:
Wolfe Apartments
Project No:
FL0296B4D06080 I
Activity #
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
$11 0.424.00
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 To day's Request
$
6. Current Grant Balance (Initial Grant
Amount A warded Less Sum of all
Requests)
$
7. If applicable amount held as retainage to
date by the County, if not retained by
the sub-recipient.
$
I certify that this request for payment has been drawn in accordance with the terms and conditions of the Agreement
between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in
excess of current needs. By signing this request I'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 St. Matthew's House, Inc. FL0296B4D06080 I
Page 14 of 16
1605
EXHffiIT "C"
CoC MONTHLY PROGRESS REPORT
Complete form for past month and submit to Housing and Grants Section staff by the 1(1' of the following month.
Status Report for Month of
Submittal Date:
Project Name:
Wolfe Aoartments
Project Number:
FL0296B4D06080l
Activity Number:
FL606
Subrecipienl:
St. Matthew's House, Inc.
Contact Person:
Lou Hoegsted
Telephone:
239-298-5023
Fax:
239-774-7146
E-mail:
Loulalstmatthewshouse.org
1. Activity Status/MiIestones (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. FL0296B4D060801
Page 15 of 16
16D5
7. Progress on Completion oftbe 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, 20 I O.
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. FL0296B4D06080 1
Page 16 of 16