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Backup Documents 09/15/2009 Item #16D19 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO D 1~ THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original docume:nts should be hand delivered to the: Board Office, The completed routing slip and original documents are to be forwarded to the Board Office: only afh'r the Hoard 11<L~ taken action on the Item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, (fthe document is already complete with the exception of the Chairman's si~ature, draw a line throul!l1 routinll. lines # I through #4, complete the checklist, and forward to Sue Filson line #5), Route to Addressee(s) Office Initials Date (List in routing order) 1 Colleen Greene County Attorney em&- <1./1 .61 2.Chairman Donna Fiala BCC 3. 4. - Board of County Commissioners 5. Ian Mitchell, Executive Manager 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of tile original document pending BCe approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including 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 Bee oft1ce only after the BeC has acted to approve the item. Name of Primary Staff Wendy Klopt7 Housing & Human Services Phone Number 252-290 I Contact Agenda Date Item was september 15,2009 Agenda Item Number 16D19 A roved b the BCC Type of Document 2?09 HPRP Grant AgreeIl1~n!~~mPlate, Number of Original '3 <--.JL Attached Sl e & Sco s ('1.-, 3 Documents Attached '~\ INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A'" in the Not Applicable column, whichever is Yes 'ate. (Initial) I. Original document has been signed! initialed for legal sutliciency. (All documents to be WK signed by the Chainnan, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Otlice 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 WK Office and all other arties ex 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 WK 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 WK si and initials are uired. 5. In most cases (some contracts are an exception), the original document and this routing slip WK should be provided to Sue Pilson in the BCC otlice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the acc's actions are nullified. Be aware of our deadlines! 6. The doeumeat was .pproved by the BCC on 09/15/09 and all changes made during WK tbe meetiDg bave beeD iDeorporated in the attached document. The County Attorney's 0fIiee bas reviewed tbe ehaD ifa licable. I: Formsl County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9,03,04, Revised 1.26,05, Revised 2.24,05 p- 16D IS MEMORANDUM Date: September 21, 2009 To: Wendy Klopf, Operations Coordinator Housing & Human Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: 2009 HPRP Grant Agreement Template, Signature page and Scopes Attached are seven originals of the document referenced above (Item #16DI9) that was approved by Board of County Commissioners on Tuesday, September 15,2009. The original is being retained in the Minutes & Records Department for the Board's official record. If you should have any questions, please contact me at 252-8411. Thank you. Attachments (1) '-'-~ 16D19 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign seven (7) Homelessness Prevention and Rapid Re-Housing (HPRP) subrecipient grant agreements providing funds to stabilize Collier County citizens who are at risk of homelessness and re-house those who are currently experiencing homelessness. OBJECTIVE: For Board of County Commissioners to approve and authorize the Chairman to sign seven (7) Homelessness Prevention and Rapid Recovery (HPRP) subrecipient grant agreements providing funds to stabilize Collier County citizens who are at risk of homelessness and re-house those who are currently experiencing homelessness. CONSIDERATIONS: On February 17, 2009, Congress passed the American Recovery and Reinvestment Act of 2009 (ARRA) and designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized. In March 2009. Collier County was notified it would be allotted $888,850 in HPRP funding once it made a substantial amendment to its FY2008-2009 Action Plan, submitted it to HUD, and received HUD approval. HHS prepared the required documentation, and the BCC approved the HPRP amendment submission and the associated budget amendment on May 12, 2009 (Item 16D4). HUD approved Collier County's submission and issued a corresponding grant agreement. The BCC accepted HUD's HPRP funding on July 28. 2009 (Item 16DI0). The attached HPRP template will be used as the basis for the subrecipient agreements with the seven (7) participating agencies providing homelessness prevention and rapid re-housing activities. The following agencies will receive HPRP funding: Catholic Charities The Salvation Army, Naples Corps Youth Haven Collier County Housing Authority Legal Aid of Collier County Housing Development Corporation ofSW Florida Hunger and Homeless Coalition Project scopes describing individual funding amounts, program descriptions, and project milestones are included as attachments to this executive summary. SPECIAL CONSIDERATIONS RELATED TO THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: Grantees are required to ensure that public funds are expended responsibly and in a transparent manner to further the job creation, economic recovery, and other purposes of the Recovery Act. The grant program guidelines and subsequent grant agreement will identify additional compliance requirements related to the ARRA, however the attached document highlights the major requirements and how Collier County will maintain compliance. ,-_.,._._,,-_.~ "~~~~'""-~-,-~ 16D15 FISCAL IMP ACT: HUD regulations allow 5% of the HPRP funding to be used for administration. This amount is to be shared by the non-profit organizations and the County for grant administration. Total administration funds for the HPRP grant is $44,442 of which Collier County will retain $22,221. No general funds are involved in the acceptance of the HPRP grant award. GROWTH MANAGEMENT IMPACT: Implementation of homelessness assistance grants will help facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: The contract template and scopes have been reviewed and approved by the County Attorney's Office. This item requires majority vote and is legally sufficient for Board action.-CMG RECOMMENDATION: For Board of County Commissioners to approve and authorize the Chairman to sign seven (7) Homelessness Prevention and Rapid Recovery (HPRP) subrecipient grant agreements providing funds to stabilize Collier County citizens who are at risk of homelessness and re-house those who are currently experiencing homelessness. Prepared by: Margo Castorena, Grant Operations Manager Housing and Human Services Department ~'-,-"'-,,~^--".._-._.._,,- 16D19 AGREEMENT BETWEEN COLLIER COUNTY AND CATHOLIC CHARITIES OF COLLIER COUNTY HPRP SHORT TERM DIRECT RENTAL AND UTILITY ASSISTANCE PROGRAM Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY-12-0024-2009-01 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Catholic Charities of Collier County," a private not for profit corporation existing under the laws of the State of Florida, having its principal office at 2210 Santa Barbara Blvd., Naples, FL 34116, and its Federal Tax Identification number as 59-2473176 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" ofthis Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative( s). (B) "ARRA" means the American Recovery and Reinvestment Act of 2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means Catholic Charities of Collier County. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page I of 28 - -~~----_.......,_..... "'-'~~'-~_.- ...,-" .._.._----~~"'_..'"_.,,-....,~,._,,,...._.._." 16D19 (G) Beneficiaries include individuals and families who are currently in housing but are at risk of becoming homeless, and individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XL IV. CONSIDERA TION AND LIMIT A TION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed One Hundred and Thirtv Thousand Dollars ($130.000) for the services described in Exhibit" A." 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 qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with * 218.70, 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 2 of28 ,_.,,- .-., .,~.".,.... ~._--~.__.- - 16D19 Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A nON OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. S. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES, REGULA nONS 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 3 of 28 ",".,,,,,~,~,,_,,,,._"~"'-'.,".,.. ~..,,,,.-"..,'-", .,. ......-..~_.,~-""'. .. -...-." .- 16D19 4. Title VI of the 1984 Civil Rights Act, 42 USC S 2000d, et. seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC * 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. 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-l33 - concerning annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 19. 24 CFR 85 - Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 4 of28 "~-,,,-,.,.~. c._.,~_,,,,__ ~ --"-'---"., ,. .,"~- 16D19 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 SUBREClPIENT 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. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 5 of28 ~..,'",-"" __"'_0."" ....."..._._~ _.. 16D 19 include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Af,'Teement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties. except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, ~loriara Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS III all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITlES OF COLLIER COUNTY Page 6 of 28 .n",", r ~ .._,.,- -~-". 16D19 H. 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.) 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. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUB RECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of 2009 -20\0 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 7 of 28 ,..- ._-,., _.,.,.".-- "..~..o._~< .".",., _..,~--- 16D 19 this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A nON AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "0," Schedule "0-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 8 of28 ",m_~' '^ -"-~ '_.__0/ -- 16D19 under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENTS share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENTs compliance with the above. C. REPORTS, AUDITS. AND EV ALUA TIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 9 of 28 ri~" ., "".--.' ,>,.~, "-~.. 16D19 E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit" A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost ofliving. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-I33, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 10 of28 ~-~...,. - -~",_",-". -- """"~'"''""''~~''' , ,.....~<o 16D 19 period during which HHS-federal assistance has been received, In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services. and provide these sources the maximum 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page II of28 -- -".'"" "--~--, _.,.,~.". 16D19 feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk of homelessness. If the project is located in an entitlement city, as defined by HUD. or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Pro!,'Tam. The project shall assist beneficiaries as defined above for the time period designated in Exhibit '"A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest. direct or indirect, in the target areas or any parcels therein. which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation oflow and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUB RECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug- Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 12 of28 _M,,,,,,,, ''''',-..-_-,..,,_.. ~'-'_____..-_.,,__.,.w..,..., ,~. ".'~""'-,,, , "_.-'- '.-........'....--- 16D 19 G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use of HPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 13 of28 ".........'- -P'",' ..---- .._",....~, '. .--."',"."......... -~,.-< 16D 19 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twentv-ehzht (28) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 14 of28 '"'-~"~- -- _'_H.~. '"~"-_...~ -.".'""" - --".,-. ,--------------------- -,----- I 16D19 IN WITNESS WHEREOF, the Subrecipient and the County, have each. respectively, by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 A TTE~T:' " , TY COMMISSIONERS OF ~~~u~ By: =RIDd{ - , ' '. . FIALA, CHAIRMAN ~:' btJlgk7 il&..t {BI\lL.. ~ · i ~'~Jt~" ()fII. First Witness Catholic Charities of Collier County " All, ~ ~. /~ By:J"" I ,~ ,/ S L . (\./ S' , j /I IJ / Subrecipient Signature , cf(Ld '. I VI", VI11L~2-- ~.~ ~ Type/print witness name }.y'r~ J>j/y-'JO'->''-:' - - . . {fiTHt'L1 C {li,A. /2.1 n 13.5 I D/lJ ( e-s ~ 0 y.: v&r01 ( .e:. CJ-f"'JA BE 'r J1 /J t" ~rSA- Type/print witness name Approved as to form and legal sufficiency: C~m~ Colleen M. Greenev Assistant County Attorney 2009 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page IS of28 .""".~,.._..,." -_.~.-'--'" -- 16D19 EXHIBIT" A" Catholic Charities of Collier County/ S09-UY-12-0024-2009-01 HPRP Short Term Direct Rental and Utility Assistance Program THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Catholic Charities Family Resource Center (FRC) in East Naples and Guadalupe Social Services (GSS) Center in Immokalee proposes to provide utility and/or rental assistance to approximately 110 income qualified families/individuals in Collier County who are at risk of becoming homeless. Clients will receive up to three (3) months of rental assistance with a maximum of $1,200 per client. Clients receiving more than one month of assistance will be referred to a budget education program for either classroom or at home instruction. All services performed and assistance payments dispersed must conform to the policies and procedures outlined in the HPRP Administrative Plan. Collier County Department of Housing and Human Services (HHS) is using Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds in the amount of One Hundred and Thirty Thousand Dollars and No Cents (5130.000) to fund the Catholic Charities Short Term Direct Rental and Utility Assistance Project. Catholic Charities HPRP Short Term Direct Rental and Utility Assistance B. BUDGET: Line Item: HPRP Funds Direct Client Assistance $130,000 Utility and/or Rental Assistance Total Funds: $130.000 Clarifications to the quantity and types of work to be conducted under Exhibit A will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement. 2009 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 16 of28 r",."'~"r,.,_._. ".__..-._<.-.....~."".'"--~ "' ... ....'"'~-,.,.._~."-..~.-_..~..>,."',,.._-"'- -~,-_.__.._-_..,_..._-"-,~"~.,.~~,,.,_. '~"'.'--- 16D 19 c. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Train staff and volunteers on parameters of grant program, HMIS and award reporting. 09/01/2009 09/30/2009 Initiate a fiscal reporting and accountability process in conjunction with the Collier County Finance Department and HHS Fiscal Staff 09/15/2009 10/15/2009 HMIS reporting system implementation and training 09/15/2009 09/15/2009 Subrecipient must expend at least 60% of award amount. 09/1512009 07/15/2011 Provide approximately 110 clients with short term assistance for rent and/or utilities. Subrecipient must expend 100% of award by End Date. 10/1/2009 07/15/2012 NOTE: Peiformance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict peiformance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Prevent approximately Across the FRC and Provide I to 3 months Through the funding period - 110 individuals/families ass programs, 100% of rental and/or utility 110 clients assisted with rent or from becoming homeless of clients will have assistance; or refer utility assistance by providing short term basic needs met and/or client for medium term rent and utility assistance appropriate referrals assistance as warranted. made at the time of contact for legal and budget counseling. 2009 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 17 of28 ,,",",-, .~w~_._~.,_,,_,..~." , .....,.....""-"..;..0<-.-- ,-, ...-_........_.__._... _.__ iii "'.._.,-~.,_..,..,-" -'- 160 19 EXHIBIT "A-I" CHANGE BY LETTER ~ COLLIER COUNTY GOVERNMENT Collier County Housi~~!!ll_".lll_Il~~rvices Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year, By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position( s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached), Sincerely, Y our name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 18 of2X . ".~~- 'r~ ."....'. '^'~"' > ..-."'-.....,- 16D 19 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 330 I E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in I - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in I - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone. in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 19 of28 - '~~, '~"----'."-~ 'X_""'~_" -- "_~~'''"__'_'~~'.W_''' ~"~'__,"_" . 16D 19 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost ofthe property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 20 of 28 ~,...-, ~ .-,..--.-.'" 16D 19 EXHIBIT "e" ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery.gov website for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 21 of2R -- "- 16D 19 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 22 of2~ ~."",-- ,~"""..,,.. . 'w...," 16D 19 SCHEDULE "0-1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REOUEST FOR PAYMENT Subrecipient Name: Catholic Charities of Collier County Subrecipient Address: 2210 Santa Barbara Blvd, Naples, FL 34116 Project Name: Catholic Charities of Collier County HPRP Short Term Rental & Utility Assistance Program Project No: S09-UY -12-0024-2009-01 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ 130,000.00 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 Today' s Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 23 of 2l:; _.. ."o._'____,,';"'"",.'.., <~'-- 16D 19 SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: fTS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2008, by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She IS personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 24 of 28 .-...- ,,',O'c_ -,~ -.,-.. 16D 19 SCHEDULE "D-2" HPRP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staffby the 1 fI" of the following month. Status Report for Month of Submittal Date: Project Name: Catholic Charities of Collier County HPRP Short Term Rental & Utility Assistance Proe:ram Project Number S09-UY -12-0024-2009-12 Activity Number Subrecipient: Catholic Charities of Collier County Contact Person Robert Saunders. District Director Telephone: 239-455-2655 ext 101 Fax:239-455-7235 E-mail: bo b(iil,ca tholicchari tiescc. 0 rg: 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. 2009 -2010 ARRA- HPRP AGREEMENT CA THOLlC CHARITIES OF COLLIER COUNTY Page 25 of 28 4"'_" .-"~ ,-_. - ,,-,_._~." "--~'-'- 16D 19 New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in Box "2, " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MF!). Enter this number in Box "3. " Of these households or persons assisted. are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 26 of 28 -."...,,,..,-," - ,.,~-,_..,-_._._~-- 16D 19 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX I BOX2 BOX 3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any ofthe black racial groups of Africa. Asian: A person having origins in any ofthe original peoples ofthe Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2009 -20\ 0 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 27 of 28 -'- , -;""~,--" "._--"_",._->>.",_.,-,..,--- -"~-", ._._~-~-- 16D 19 Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American [ndian!Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: 08-PRC-O 1 009; 2009 -2010 ARRA- HPRP AGREEMENT CATHOLIC CHARITIES OF COLLIER COUNTY Page 28 of 28 '--"""',-'- --~..._" ,,-~ -"'-'^ .' ._....~~- ~--_. ~ .. -- .- -,,'.. - ~.~,----' 16D19 AGREEMENT BETWEEN COLLIER COUNTY AND THE SALVATION ARMY, A GEORGIA CORPORATION FOR THE SALVATION ARMY OF NAPLES HPRP SHORT TERM DIRECT RENTAL AND UTILITY ASSISTANCE PROGRAM Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY-12-0024-2009-02 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "The Salvation Army, a Georgia Corporation, for the Salvation Army of Naples," a private not for profit corporation existing under the laws of the State of Georgia, having its principal office at 3180 Estey Ave., Naples, FL 34104, and its Federal Tax Identification number as 58-0660607 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered. into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" ofthis Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representati ve( s). (B) "ARRA" means the American Recovery and Reinvestment Act of2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means The Salvation Army, a Georgia Corporation, for the Salvation Army of Naples. 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 1 of29 Il!i.l......_.."""'.,.... ^_.,~"~""- '-"'""--'.'''-' ._~,,- ,._~._._-- 16D19 (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) Beneficiaries include individuals and families who are currently in housing but are at risk of becoming homeless, and individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed One Hundred and Thirty Thousand dollars ($130.000) for the services described in Exhibit "A." 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 qualified bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 2 of 29 , - ....._,~,"~"..- -~'____~...,"'_'_C -_._~.~--"-- ---.-- 16D19 SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with ~ 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 3 of 29 -,-~".._,.~".,<-.~.-.,-"<",,.,,--_.._--,_.- -_.....--.-... ...... -- ~-""'_. ",.~. "--"""'~Ill'''''' "'''--'''''__e, 16D19 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 4. Title VI of the 1984 Civil Rights Act, 42 USC S 2000d, et. seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. 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. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 4 of 29 -_._-----_...,~,~.,.-,._-_."'~_. ."---~_." -"..',-~..".~ ~_.._.._--"_.~.'-...'"._-- 16D19 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 S 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this 2009 -2010 ARRA- HPRP AGREEMENT THE SALVA nON ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 5 of 29 ,-",..,,,---~._~. ........ , ~-".~~- ^ ..,,--.,......-.. ?"""""'".".,.~_.- ._.._u,..._.~_"._..___.,.. 16D 19 Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS In all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 6 of 29 . .=.~ ,., 4111 _._""-",,....., --,-"._~_.....,-- ~._.'..,.'~ ~~-~ 16D 19 disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. H. 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. TERMINA nON DUE TO CESSA nON 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. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 7 of 29 -",-." -......~ -. T --~.~.- . T"I I~ ...._._._~__.,,__~,.o -.-........-. . ._"'''~-,~'" 16D19 J. SUB RECIPIENT LIABILITY OBLIGA nON Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "0," Schedule"D-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 8 of29 '~--,--~-.,,"'_._---"~ .- ..,"...-"........... ..... JI.. ~w"""..,~", .",.~.~~,,~- .. --,,~-" ~_.._--~" 16D 19 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing, SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENTS share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EV ALUA TIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVA nON ARMY, A GEORGIA CORP. FOR THE SALVA nON ARMY OF NAPLES Page 9 of 29 ~^----""-"'-""~"'-"-~-"'-,-"-",,,,---,,,-,,,-,,",.,,~ _.._~.. -"-.-",-.,, "~"-'-''''''''''_'_'__'''''''"''M'''_>><''~'"_ 16D19 D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUSRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit '"A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMS A-B3. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMS A-l33. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMS A-B3, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit '"Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMS A-B3 apply, or when the SUSRECIPIENT elects to comply with OMS A-I33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP, FOR THE SALV ATION ARMY OF NAPLES Page 10 of29 -----~.~_...~ -"....'.._. " --'-'''''~ _c...="...__.... ...... -"'-~.. - -~~_.....~_..-__..., 1 1] 19 ! SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUB RECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REOUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 ofthe Housing and Community Development Act of 1968. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 11 of29 --. -~" _. ---., R _' """-',''''-''-'~-''''''''", .~'.."'--, " . _~,__.,._."~...,..._,~..-...._,__~_.~,,w,_> ,'_""'''Ow.','"..____...-,, ,-._.."..____ 16D19 B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk ofhomelessness. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents ofthe project target area. E. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORG[A CORP, FOR THE SALVAT[ON ARMY OF NAPLES Page [2 of29 "~'" ~,'~_'~.~."._..,_.....--~..... " _.-.'~- .,,----,..._~--"",.,< ^..."......--.---.- 16D19 G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, lIDisclosure Form to Report Lobbying,lI in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use ofHPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 13 of29 ,~---_-....., .......... ,_.,." -.------'"' '.....,.,"-_.-..~.. "--~-"'--"- 1 . /, _L i ';I -- '., "I, <I XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP. FOR THE SALV ATION ARMY OF NAPLES Page 14 of29 ....,....- ~'.~"''''''''''''''''-'-'''''- ,_. '"". " "'- ~''''~-~'.'---' '.'""-'--'~'-""'-'--- IN WITNESS WHEREOF, the Subrecipient and the County, have each, :~~IY~ 9 by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 BOARD OF CO TY COMMISSIONERS OF COLLIER CO Y, FLORIDA / - ; I -r~ By: ~, .;;,;~ FIALA, CHAIRMAN VICE PRESIDENT Approved as to form and legal sufficiency: C~(!jb(lt17n !dwQtZ Colleen M. Greene Assistant County Attorney 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 15 of29 U"H_ ,~'.'..'. ".......--.......111 16D 19 EXHIBIT "A" The Salvation Army, a Georgia Corporation for the Salvation Army of Naples S09-UY-12-0024-2009-02 HPRP Short Term Direct Rental and Utility Assistance Program THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Salvation Army, a Georgia Corporation, for the Salvation Army of Naples proposes to provide utility and/or rental assistance to approximately 110 income qualified residents/families in Collier County who are at risk of becoming homeless. Clients will receive up to three (3) months of rental assistance with a maximum of $1,200 per client. Clients receiving more than one month of assistance will be referred to a budget education program for either classroom or at home instruction. All services performed and assistance payments dispersed must conform to the policies and procedures outlined in the HPRP Administrative Plan. Collier County Department of Housing and Human Services (HHS) is using Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds in the amount of One Hundred and Thirty Thousand Dollars and No Cents ($130.000) to fund the Salvation Army, Naples Corps Short Term Direct Rental and Utility Assistance Project. Salvation Army, Naples Corps HPRP Short Term Direct Rental and Utility Assistance B. BUDGET: Line Item: HPRP Funds Direct Client Assistance $130,000 Utility and/or Rental Assistance Total Funds: $130.000 Clarifications to the quantity and types of work to be conducted under Exhibit A will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement. 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Pa\!e 16 of29 ~~-.__..~~-",._-,-'''''---_.~-,-- -""'." '"' __._,"'J'.'''''''~ '''._"'''''.-.----~'~.....,--"..._-_. ~.~-_."..~--_.. - 16D 19 c. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/T ASK START DATE END DATE Train staff and volunteers on parameters of grant program, HMIS and award reporting. 09/01/2009 09/30/2009 Initiate a fiscal reporting and accountability process in conjunction with the Collier County Finance Department and HHS Fiscal Staff 09/1512009 10/1512009 HMIS reporting system implementation and training 09/15/2009 10/1/2009 Subrecipient must expend at least 60% of award amount. 09/1512009 07/15/2011 Provide approximately 110 clients with short term assistance for rent and/or utilities. Subrecipient must expend 100% of award by End Date. 10/1/2009 07/15/2012 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict performance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 2009 -2010 ARRA- HPRP AGREEMENT THE SA LV ATION ARMY, A GEORGIA CORP. FOR THE SALV ATION ARMY OF NAPLES Page 17 of29 " .~~------_...,"~~", -".-. "__""'.'___"'or~__,.'.'__ ~ -._~--"". .- , =_^,,",v_,,~,,"...___.,,.~. ._- 16D 19 D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS Prevent approximately 100% of clients will Provide I to 3 months Through the funding period - 110 individuals/families have basic needs met of rental and/or utility 110 clients assisted with rent or from becoming homeless and/or appropriate assistance; or refer utility assistance by providing short term referrals made at the client for medium term rent and utility assistance time of contact for legal assistance as warranted. and budget counseling. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 18 of29 ~. -..-..... ----^, _1IlIl~~~.'''^ . +.,.~..."".---,,,,--...-.,,,,,,,,,,- . ,..__'M'_',. 16D 19 EXHIBIT "A-I" CHANGE BY LETTER COLLIER COUNTY GOVERNMENT Collier County Housing & Human Services Public Services Division Address NAPLES, FWRIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perfonn work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves aU legal rights, including, but not limited. to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffmg Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 19 of29 ~-""~"'-~""""-- ~'-'--"-"~-"--~ ~.,,_.,-, ..'. --"",-,"-" -~-_.~, 1 (\ n 19 .. ,...,., -~ EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages from claims arising out of the services performed by the SUB RECIPIENT or any person employed by the SUB RECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUB RECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A. T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 20 of29 ""_~'. m.'_'._,_.__,_~.,"..,._._<._,_,~_ n."__'~_~_'_'~"'_,",_ ".,.'d_ ^'__.,_.,..--_..-..,~- ,.-...'.,,,..,"',....-..,,--...,,,, . --- 16D 19 OPERATIONIMANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A. T .I.M.A. 9. Flood Insurance coverage- for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 21 of29 _.,,'~-~ V' ""'~""",.'-"""~""_._'" ~"",~"",,,,,,,';"___'_'_<"~~.' W.-.-. _..~._,,_~_M EXIDBIT "C" 160 19 ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery .gov website for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 22 of 29 -'-'-" .._,,-._~.,.,,~ _.,''''--',""""""-.,,,,.- U'l .,.,_"____"~_""""_..__~~,."."."""___'___"'."._.,,..~,..,~~-',e___ 16D 19 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009-2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP, FOR THE SALVATION ARMY OF NAPLES Page 23 of 29 ~,------,"""'->"-'''''~'''''-'-'---~'' ,- -.".,.._.._...._....._--~..,_.~,... .- -"~,,~. ,._-~~----_._._- 160 19 SCHEDULE "D-l" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: The Salvation Army. a Georgia Corporation for the Salvation Army Of Naples Subrecipient Address: 3180 Estev Ave.. Naples. FL 34104 Project Name: Salvation Army. Naples Corps HPRP Short Term Rental & Utility Assistance Program Project No: S09-UY -12-0024-2009-02 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 130,000.00 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 Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP, FOR THE SALV ATION ARMY OF NAPLES P"P'P 7,4 of29 -- -_.~.~.."'.. .--...-.-.""'. ~ '"'" ..""..,........,_.". .'__._~O~'.,w_,,~,., .,._ ld .---~.'..---- SCHEDULE "D-la" 160 19 RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2008, by , as of , a Corporation. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT THE SALV ATION ARMY, A GEORGIA CORP, FOR THE SALV ATION ARMY OF NAPLES p""" 7 ~ of 7Q ,,--,-~-"_.~ "!JI._ . . ~--",.""~'-'.,,-'~- '--~---""'"-""'-" ,-,-,......_.._"-" lt~ 19 , . " U SCHEDULE "D-2" HPRP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 dh of the following month. Status Report for Month of Submittal Date: Project Name: The Salvation Armv. Naples Corp HPRP Short Term Rental & Utility Assistance Pro2ram Project Number S09-UY -12-0024-2009-02 Activity Number Subrecipient: The Salvation Armv. a Geor2ia Corporation for the Salvation Armv of Naples Contact Person Christopher Nind Telephone: 239-775-9447 Fax:239-775-9732 E-mail: chris nind@uss.salvationarmv.or2 1. Activity StatuslMilestones (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. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 26 of29 ~.'.._...'''--'--~'''-'''' - ~... f'__,~e." < .., -.'- .....","'<----"""'"'"'"-- 16D 19 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see defmitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box HI." INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (31-50%) ofthe current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. 2009 -2010 ARRA- HPRP AGREEMENT THE SALVATION ARMY, A GEORGIA CORP. FOR THE SALVATION ARMY OF NAPLES Page 27 of29 ,.-.--.-. ...,... .".----.,...--'''''''...->>-.......-...----- - -.---',-,-",,- '160 19 THE SALVATION ARMY POLICY STATEMENT ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS The Salvation Army in the United States works cooperatively with many groups - governmental, social service, civic, religious, business, humanitarian, educational, health, character building, and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human need. Any agency, governmental or private, which enters into a contractual or cooperative relationship with The Salvation Army should be advised that: 1. The Salvation Army is an international religious and charitable movement, organized and operated on a quasi-military pattern, and is a branch of the Christian church. 2. All programs of The Salvation Army are administered by Salvation Army Officers, who are ministers of the Gospel. 3. The motivation of the organization is love of God and a practical concern for the needs of humanity. 4. The Salvation Army's provision offood, shelter, health services, counseling, and other physical, social, emotional, psychological and spiritual aid, is given on the basis of need, available resources and established program policies. Organizations contracting and/or cooperating with The Salvation Army may be assured that because The Salvation Army is rooted in Christian compassion and is governed by Judeo-Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and agreements. Commissioners Conference: May-96 ....t ...... ...w. ,."_...."..",..~,____..w.""";= _qN'.' ."",,~"..~----- 16D 19 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HOUSING AUTHORITY EVERYONE HOME PROGRAM Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY-12-0024-2009-03 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Collier County Housing Authority," a state agency existing under the laws of the State of Florida, having its principal office at 1800 Farm Worker Way, Immokalee, FL 34142, and its Federal Tax Identification number as 59-1490555 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12. 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "ARRA" means the American Recovery and Reinvestment Act of2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means Collier County Housing Authority. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page I of 29 , '--'-~'-'-"~'"",,.=-,-_..,,-,.~, _.,..."'-....__,.._"'''...,..,.c.._.....'.._.. __.N."""'"'....._."'.,__.,..__.. ,- . "_ _._,__.__..._~_,_.__.._,.,_~w~_ .,~._.__..___...,. .~_,..".~m~"~ 16D 19 (G) Beneficiaries include individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Two Hundred and Fortv Ei2ht Thousand dollars ($248.000) for the services described in Exhibit "A." 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 qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt ofa proper invoice and in compliance with S 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 2 of 29 "'-^'"""_"'_"'"..'-<'~''''-'''' "-"""--_.""- - '-~'_"_"""__"__.'_'''.~M"~____'__ .'~'------'''''--'-'-''-'~-''"--~'' .,.." .."....'.,_..,..,~,..,.- 160 19 V. NOTICES 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 SUBREClPIENT when delivered to its office at the address listed on page one ( 1) of this Agreement. VI. GENERAL CONDITIONS A. IMPLEMENT A nON OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. S. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. LOCAL AND FEDERAL RULES. REGULA nONS 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 4. Title VI of the 1984 Civil Rights Act, 42 USC * 2000d, et. seq. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 3 of 29 ._~'""'- _.,-....~-_.~-,._""""'~".-.. --""'~-~----""""~"- --~_.",."-~--~,,,,-,._, -,._,~ ,~--~---_.'-- 16D19 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. 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. 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. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 4 of 29 ~. .-. --.',. ~ ',-'" "'" '" fllll'l ~,,'-^,"<"'''''''' <"_"M~"__"'____"__ __..~___",___..._".~~,.,..."._w,,"_ ".. ''''"' ,,', .'__'_~ 160 IS 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. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and reb'1llations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 5 of 29 "'"'"'~..._"'..~-,,~'" ".''''"'''''''''-....-H ...",y~,'-"'".. -'"...."._-~-- =-',.'.,. "." "..,..~ ~ ~- - 16D 19 This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUB RECIPIENT will include a reference to the financial support herein provided by HHS III all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 6 of29 ^ "~-'''"~,.~."---''--'''-'''' ....""_. ,-".",,",~,.._,,"","_'llll , V' "'~ ,^,--,""-"'-'-'."~"",,,,",,,.,,~ . ill" -"~ '-'" ~ ""'~--""~'''-'--'~~'''''' ,...~_.,~.-,,~,~"..' .~.~-,._- 160 19 H. 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. TERMINA TION 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. 1. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 7 of 29 -D~_'__"""''' .~,- '" '--""'~~" ~ ........"....._._n. . -_.-._.,-,._..~=--_..- ..~--~-- 160 19 (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and ab'Tees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A TION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "'D," Schedule"D-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 8 of 29 .- '"'~--."'~"'A ~-""~- "'''~'''~'-' - ....~,_.._~,.__.~'....M~,..~,"'_",_._..~v.._-.-__" 16D 19 surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EV ALUA nONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 9 of 29 ,_,~;,_~,_;,~_,,'____""~'O o__~_ __"A_~" ~._"~~",-_.....-.............-" ',_ ~,"_,,_.._,~_.,"~M.'.._",'~'__ 'v 16D 19 E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost ofliving. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-II 0, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-l33. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-I33. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-I33 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS-federal assistance has been received. In either case, each audit shall 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 10 of29 -- ~_'_.rn _M~~ -- -- __,^___W"." m,____ ----,~,._'.- 16D 19 cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits ot: or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page II of29 ",_.- ..."~,~ -------"'.---- ~ -~~-- .. ~"".,-" ---,~ ,--- 16D 19 the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the COBG areas designated by Collier County in the Annual Consolidated Plan approved by HUO. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk of homelessness. If the project is located in an entitlement city, as defined by HUO, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Pro!:,rram. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. O. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in S 287.133, Fla. Stat. by entering into this A!:,rreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Orug- Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 12 of29 ---- ,-- IIll4.U . ...".'_''''-'~ -~-,-,..~ ,..-,..-.~,".,,-- 16D19 G. CERTIFICA nON REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, II in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 ofthe ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use ofHPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 13 of29 ....,_...- ,.,.-.'" ....~...~'.......'- .'-"- . ,-,--..-.~~-,,- ,..-.~ --, "..._-~.,----._-----,- 16D 19 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 14 of29 ..._"-~----~,~."".".,,."~.".~--,.~- .".........."....._.._~"... '"~""".".._,-,""""..,.".. _._"_"'__"""""'__-"'~_~_'~__W~'_""_"""""~_"O'__ 16D19 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 r <"'( .. t \ '. ..'c< " TY COMMISSIONERS OF Y, FLORIDA J By: "'-'?"-rw(_'"' d~ DONNA FIALA, CHAIRMAN Dated: Atttst (jt:J\i,) "9flaty,.. Qt.- Fi~t Witness l_~ j~ By: .~ It" S brecipient Signature \:::-'J' (,( K ( V f~ (i\ Type/print witness name Esmeralda Serrata Sec~~itness_ . / ~ " ~l,'ili ,Wu li:e-fj&Il\rS~' Approved as to form and legal sufficiency: Type/print witnes n e ~1t1 ~ , Colleen M. Greene Assistant County Attorney 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 15 of29 ,_..." .~~---: '" !." _..."""".,..,.~~.~..."",,~,-,,"""-'~~' ",,,-.",.,.,,-,,.:..,,,, ,'....... "~~~--"'" ____"_.~...~'.",.,,,,~,'~.." 'N' ,..., EXHIBIT" A" 11)019 SCOPE OF SERVICES Collier County Housing Authority/ S09-UY-12-0024-2009-03 HPRP EveryOne Home Program- Assisting Persons Experiencing Homelessness To Be Rapidly Re-Housed THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Collier County Housing Authority (CCHA) will provide rapid re-housing and case management for approximately 42 homeless individuals and families. After an intake assessment, CCHA may provide the following services: locating and conducting habitability inspections, providing rental assistance, security and utility deposits, and other costs such as moving, storage, hotel/motel vouchers. The Case Manager will develop a stabilization plan for each client and may refer to other agencies that provide additional services such as job training, employment, legal services, credit counseling, addiction and mental health services, child care, health issues or other types of financial assistance. Clients receiving more than one month of assistance will be referred to a budget education program for either classroom or at home instruction. CCHA will ensure re-certification of eligibility for all clients receiving medium term assistance every three (3) months. Rental assistance will not exceed 18 months. All services provided and assistance to clients will be in accordance with the HPRP administrative plan. Collier County Department of Housing and Human Services is using HPRP funds in the amount of TWO HUNDRED AND FORTY EIGHT THOUSAND DOLLARS ($248,000) for this EveryOne Home project. Collier County Housing Authority HPRP EveryOne Home Program B. BUDGET: Line Item: HPRP Funds Direct Assistance $208,000 (rent assistance, utility assistance, rent and utility security deposit assistance, hotel/motel vouchers, moving/storage costs) Salary and Benefits for Case Manager $ 40,000 and/or Housing Inspector Total Funds: $248.000 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 16 of 29 ~ '__e"~" .' ~'_'''_'"___'.e__~,....~ ,'.",-"",- 16D19 Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be processed by a Change by Letter, Exhibit "A-I", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Train staff on parameters of the grant program, HMIS and award reporting. 09/15/2009 10/1/2009 HMIS reporting system implementation and training 09/15/2009 10/1/2009 Clients receiving medium term assistance will be referred to budget counseling. Documentation of participation 09/15/2009 07/15/2012 will be maintained. Subrecipient must expend at least 60% of award. 09/15//2009 07/15/2011 Provide re-housing assistance to approximately 42 clients. Subrecipient must expend 100% of award by End Date. 10/1/2009 07/15/2012 NOTE: Peiformance milestones are in effect for program monitoring requirements only, and as such, are used by Hun and other grantor agencies as general target goals rather than strict peiformance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 17 of29 --","~.._, . u''V,q __..-.1--........."'.'..-,,.---- ---~'..~..,..," "~...,,"'".....~ 16D 19 D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Rapid Re-housing and Approximately 42 Stabilization and re- Homeless families/ individuals stabilization for 42 home- homeless families/ housing of 42 homeless are income qualified, and re- less families/individuals. individuals are families/individuals housed and stabilized. stabilized and re- through rent & housed stabilization assistance. Housing search and Approximately 42 Case managers ensure At a minimum 50 landlords are placement servIces homeless families/ housing unit used to in made aware of the HPRP system in place. individuals are re- re-housing meet program and habitability housed in safe and habitability standards standards. decent housing. as outlined in the HPRP notice. Marketing tools are developed to attract prospective landlords 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 18 of29 ~~. --"",,".~,,.-., .- ~~ '"" ,--,',"-"'~~'" .""^..""..._--~...._..,,,___,, ~. 11I1......_....... It. ... '-- , EXHIBIT "A-I" l~n 19 CHANGE BY LETTER ~ COLLIER COUNTY GOVERNMENT ~~llier ~..c.>>.!':nty H~l!s.!~g~_!!':ll!l~!l_~~.t:vices Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days, The new completion date shall be on or before month and date, Year, By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so, Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentitied in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -20\0 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 19 of 29 '~-------'"-~"~"'- - "-.'---,,-..-.- """""--"",,,._..,,,,,. ".. "~~-"'~"--"._"~'"--" <".-.," "T - 16D 19 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an nAIl Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHOR[TY Page 20 of29 ._~"' ".,... .._--,..__.",,,,,..,.~. '''.'''~'_......'''''''' "'--'~"~--"""--' ,- 16D 19 OPERA nON/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1.000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 21 of 29 .-..,"---..-"".,," "~""---~'" ""'~""'''__'_'.R'''_'~'''_.__'...~~''''''_' ~,""N_""___.'__' .""~..~._~'.,'~~-~-"~--,~--.__.- 16D 19 EXHIBIT "C" ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery.gov website for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 22 of 29 ~,._- -,.,",- -~, '-"^'-"'" ,~~_, _h ,"".;;~, .~_r_t..._u__, ". ---~._"'_.." ,~." "---"'''-''''-- 1hn 19 "',!:.. 't,./c ..:..,...; EXHIBIT "D" REQUIRED SUBMITTALS 0-1 Request for Payment 0-la Release and Affidavit Form 0-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 23 of 29 ._"...._-,..~..- .-.--" ".-,.~;_.._---_.,''''' "~,."...;"",_..__._~".~ 16D 19 SCHEDULE "0-1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Housing Authority Subrecipient Address: 1800 Farm Worker Way, Immokalee. FL 34142 Project Name: Collier County Housing Authority HPRP EveryOne Home Program Project No: S09-UY -12-0024-2009-03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ 248,000.00 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 Today' s Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 24 of29 ~.-."-- '. ~-~,,",~.,_... ~ '-~"""'-"-'--"""'~'" ~'~""'" ~~"-_.._,~.~~~"".~.~..~.,,,--_._- 16n q9 ,I I \il ~,~ il..) 1 ~ SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: Director DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2009, by , as of A state agency. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 25 of 29 o,.~""''''',,"_"_ ... ,,"","-,,-,."""""-'--"'~. ~ "'.-" ".....""_._.,...-~~.. .~.,"'<-,~-_.._"~" ..-.,,,,,...-.~..--......-,...~-..,-- 16D 19 SCHEDULE "D-2" HPRP MONTHLY PROGRESS REPORT Complete/ormfor past month and submit to Housing &Human Service's staffby the 1 fi" of the following month. Status Report for Month of Submittal Date: Project Name: Collier County Housine: Authoritv HPRP EvervOne Home Proe:ram Project Number S09-UY -12-0024-2009-03 Activity Number Subrecipient: Collier County Housing: Authority Contact Person Essie Serrata. Executive Director Telephone: 239-657-3649 Fax:239-657-7232 E-mail: ESe rrata(ii)cchafl.o re: 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. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 26 of29 ""''' _~H,'''~'' "" ~_.., .. .-,. ... I' ~ '''-''"--~""",,--,,,,^'''''~,''''''''''-"'~''- ",--,,",",-,,--,;.-''''''''- ~""~ ~"'-""",",,"'--- 16D 19 New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (3 1-50%) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box I. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 27 of29 -~""'--'-'--","~---,."",,,~-,- _"'0 .",~,,"""-,-"'_..',""'-" '....._--"'.;"~,"""",,..."-. ,---'",-= 'H____ 16D 19 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX2 BOX3 BOX4 BOX5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) I I , , Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia. China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any ofthe original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 28 of 29 ,."._."'----'"""'''',.._..~~... ..., " '0".__,"--;--...".",. -..,-.___.c_....'" .. '.~ ~~~-"",....- 16D 19 Tabulation Table of Race and Ethnicity Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian/Alaskan Native and Black! African American Other Multi-Racial TOTAL: 08-PRC-OIOO9 2009 -2010 ARRA- HPRP AGREEMENT COLLIER COUNTY HOUSING AUTHORITY Page 29 of 29 ..._~-,- ""~""_lI""Q_ --....... ----'~-.-.- ~._.,..,~ ...." 16D 19 AGREEMENT BETWEEN COLLIER COUNTY AND LEGAL AID OF COLLIER COUNTY Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY -12-0024-2009-07 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Legal Aid of Collier County, a division of Legal Aid of Broward County," a not for profit agency existing under the laws of the State of Florida, having its principal office at 4125 East Tamiami Trail, Naples, FL 34112, and its Federal Tax Identification number as 59-1547191 ("SUBRECIPIENT"). WHEREAS. the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representati ve( s). (B) "ARRA" means the American Recovery and Reinvestment Act of2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means Legal Aid of Collier County. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 1 of 29 lJ .J. -._,.....,...."._.,..~.. .,~-"".'<-"'" ..."""".---- 161] 19 (0) Beneficiaries include individuals and families who are at risk of becoming homeless or experiencing homelessness and need legal information regarding tenants' rights. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 15,2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Thirty Three Thousand and Two Hundred dollars ($33.200) for the services described in Exhibit "A." 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 qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with S 218.70, 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 2 of 29 ~" -.-. T A' d._L~__.. 1 R' ,.,__.~~ - "~"-"''''''.--'''''''_'''_____'''4''"~_W"~''''''"_' -..-.... 16D 19 Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2009 -2010 ARRA- HPRP AGREEMENT lEGAL AID OF COLLIER COUNTY Page 3 of29 < , l fll """'""..w,,.,....-, . ,._.."'".~-'"'~_.""'. v - 16D19 4. Title VI of the 1984 Civil Rights Act, 42 USC S 2000d, et. seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC ~ 2000e, et. seq, 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. 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-l33 - concerning annual audits. 17. OMB Circular A-122 - which identifies cost principles. 18. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. 19. 24 CFR 85- Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. 20. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating thereto. Failure by the SUB RECIPIENT to comply with the laws 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AlD OF COLLIER COUNTY Page 4 of29 .. . """"lIP'! T "1.._._..... ,\;1l' n','_"__"._"."",,. ~""-'~'."~""-""""----""-",,,,, . . 'M - 16D 19 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 contlict 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 S 44.102, Fla. Stat, D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically 2009 -2010 ARRA- HPRP AGREEMENT lEGAL AID OF COLLIER COUNTY Page 5 of 29 -- ....... ~ - r'..."_',""_"'"-,,.~~, ,,~.._.,..,,~.O"~'"''''''''''"___"'__''' .,_ 16D 19 ...J.. .. include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD, Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUB RECIPIENT or anyone employed or utilized by the SUB RECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS III all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENT lEGAL AID OF COLLIER COUNTY Page 6 of 29 ..."_".,,..._.,.""eo '.'''-~'''"--''"-'';--'''''_.~ 16D19 H. TERMINATION In event of tennination 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. TERMINA TION 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 oftermination. (See 24 CFR 85.44.) 3. TERMINA TION 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. 1. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page70f29 . " ~ -..'"-'''' -''''''.'''''- 1"'"""" 1 t, 1'1 'ii q, .,,~~ \! ~ J 1 /; this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. I f the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A - 110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 8. DOCUMENT A TION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole. and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "0;' Schedule"0-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 8 of29 ,- .... "",..,....._.~..-..._".--- - " , ,-.,. '" ,".,,,..,""-"""'~ -....,,"""'..., ._~. 16D19 under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502, 507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUB RECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS, AND EVALUATIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBREClPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY, AND HUD REQUIREMENTS The SUBREClPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 9 of 29 -.. ....- n .. n --".---~".., ,~,..~.,.<-""...~,-".,--" ~ 41 .. 16D 19 E. PRIOR WRITTEN APPROV ALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-II 0, A-I22, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS l. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-I33. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-I33. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-I33 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-l33 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the 2009 -2010 ARRA- HPRP AGREEMENT lEGAL AID OF COLLIER COUNTY Page 100f29 "..,._~ ~ _.",-"..,,,,,,~..",,~~ ~..,~,-~,-,..",-- 16D19 period during which HHS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servl ces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 11 of29 -.....- lI!>'l'VI7_.__"''''''''''''' ^.'_"."o_"....,,_. . r 16D19 feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk ofhomelessness. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation oflow and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in 9 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by 9 287.133 (3) (a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 12 of29 -- ""-:_,,__,,,,_,',"'M'.o....,_, ..,'''".,.....~'M_'.''''.,~-..;'"'___.. . 16D c19 G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant. loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, !:,Tfant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBREClPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use of HPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 13 of29 . .-..", _ ....__.."_w.., _.~.""-,_..~_.,,_.." U 16D 19 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 14 of29 "'-_..""._~- . lIfllll,"1ilI ._"._--,.""" ,. -'-'~_.", 16D19 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 ATTEST: . <" BOARD OF CO~TY COMMISSIONERS OF DWr'GHT E: BRd'eK, CLERK COLLIER C~! ! Y, FLORID~~ / _ ~~ By: \fJ,h-rrv..."" ~:::t.~ DONNA FIALA, CHAIRMAN .. .~ Dated: . ,', .' -: .' D9 . . J W te 0..,"-" , ., ~,IItW'9 OfIr. Legal Aid of Collier County, A Division of itness Legal Aid of Broward County --., Type/print witness name Anthony 1. Karrat, Esq, Executive Director itness Print Name and Title tL tI.- L t....J..:.. ('~-4-C 'J-. \ {- E Urt e,y;: "'-... It 1,- (.C i\ Type/print witness name Approved as to form and legal sufficiency: ~~~ - Colleen M. Greene Assistant County Attorney 2009 ~2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page] 5 of 30 "-'---""-"'""'~"--'-~-'--"'~'''~"--'~-''-''''.'_'' .".., '~_.""-~'"'~'''''''"~-''''-____.1''''IlP''' T~___ , 11M ft...... "'1__0 --"". .. - - EXHIBIT" A" 16D19 SCOPE OF SERVICES Legal Aid Service of Collier County, A Division of Legal Aid of Broward County HPRP Legal Assistancefor Tenants Program /S09-UY-12-0024-2009-07 THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Legal Aid Service of Collier County (LASCC) will provide legal services to low-income clients who are rental tenants located within Collier County and are at-risk of eviction. LASCC will also engage in community outreach efforts through free legal seminars open to the public, furnishing information and education on the legal rights of tenants. Services provided will be based on a per hour rate. All services performed must conform to the policies and procedures outlined in the HPRP Administrative Plan. Collier County Housing and Human Services (HHS) is using Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid-Re-Housing (HPRP) funds in the amount of Thirtv Three Thousand Two Hundred Dollars ($33.2000) for this LASCC HPRP Legal Assistance for Tenants Program. B. BUDGET: LASCC HPRP Legal Assistance for Tenants Program Line Item: HPRP Funds Tenant Advice and Counsel $15,000 $300 per case - 50 cases (2 hours x $150/hr) More Extensive Legal Services $16,200 $900 per case - 18 cases (6 hours x $150/hr) Seminars $400 per seminar $ 2,000 5 seminars over 15 months Total Funds: $33.200 2009-2010 ARRA -HPRP AGREEMENT LEGAL AID SERVICES OF COLLIER COUNTY -''''<-.-.-.""""...."" ..-..~-_._--"._."..,,,...~.,.,,."',,.,,.""'".-...--...-"._., '1l "" ~._ '1 >--.,- "~_._~_...~,.,-;--- .. - . - -",-- ~.. l'6'D 19 Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be processed by a Change by Letter, Exhibit "A-I", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Train staff on parameters of grant program, HMIS and award reporting, 09/01/2009 09/30/2009 Initiate a fiscal reporting and accountability process in conjunction with the Collier County Finance Department and HHS Fiscal Staff 09/15/2009 10/15/2009 HMIS reporting system implementation and training 09/15/2009 09/15/2009 Subrecipient must expend at least 60% of award amount. 09/15/2009 07/15/2011 Provide legal services to 68 at-risk of eviction clients referred by participating HPRP agencies 09/30/2009 09/30/2012 Provide 5 landlord - tenant seminars open to the public 09/30/2009 07/15/2012 Develop and distribute 1,000 pieces of literature on landlord-tenant law to the public. Subrecipient must expend 100% of award by End Date. 10/1/2009 07/15/2012 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict peiformance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 2009-2010 ARRA -HPRP AGREEMENT LEGAL AID SERVICES OF COLLIER COUNTY --"",.- ""., ... _"..,_._.__....c__... ,- ~ 16D 19 D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Provide legal counsel to Number of tenant- Legal advice and 50 clients referred cI ients and clients receiving direct counsel provide free legal legal services information through legal More extensive legal 18 clients seminars and representation informational pamphlets to tenants at-risk of Provide legal seminars Provide 5 informational 5 seminars with 125 attendees eviction in Collier on landlord-tenant law seminars with County approximately 25 attendees each Provide informational 1000 pieces of literature pamphlets and/or written materials regarding tenant rights throughout the grant period 2009-2010 ARRA -HPRP AGREEMENT LEGAL AID SERVICES OF COLLIER COUNTY . JlI --.- <."".~'-"--"......_"--- 16D 19 EXHIBIT" A-I" CHANGE BY LETTER ~ COLLIER COUNTY GOYERNMENT Collier County Housing & Human Services Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0,00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days, The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached), Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 19 of29 ""R"- -""'-,_.._" ,,-"""-----'. . 1l 16D 19 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued, CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A, This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 20 of 29 ,.,-- -. ___".....,~..'^~_,,.____ .fIt V . ~._--""..,'.',--"-"._".",..,..."" ,-_..",~-~_..,.,,-- . 16D 19 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY rage 21 of 29 ,'" IV"'" Ai ~ ~ 101I..';......",,,._,,-,.,.....".. .._-,._.,....;'""~,;".__. _ '"IIIII1f' ill 16S ~9 ~ ../0., EXHIBIT he" ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery.gov website for additional guidance. 2009 -20 I 0 ARRA- HPRP AGREEM ENT LEGAL AID OF COLLIER COUNTY Page 22 of29 "w III lIJ~'" WI-.!i ___w",_~___,,'''.";''~~'~~''~~'_ ,<< '..,..,.. .-....,'~"".._~ ""... 16D19 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 23 of 29 ... ... - Illl _. 'IIi" I "_rr.'_W"_"""~"_'_< ,~,~"..,,;,.__ 1~ 11 19 .u SCHEDULE "D-l" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Legal Aid of Collier County Subrecipient Address: 4125 East Tamiami Trail, Naples, FL 34112 Project Name: Legal Aid of Collier County HPRP Legal Assistance for Tenants Program Project No: S09-UY -12-0024-2009-07 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ 33,200.00 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 Today' s Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 24 of 29 >._.... ........... - . .. ftlr 111I . _.,..;...._....-......"...,..." ^"."~_.,_.,'.,,~"____.."f J.... 16D 19 SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: Director DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2009, by , as of A state agency. He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 25 of29 ~rlll\l'~~_~.__ ._...~ ......l_ Illlloi 16D 19 SCHEDULE "0-2" HPRP MONTHLY PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staff by the 1 ri'l of the following month. Status Report for Month of Submittal Date: Project Name: Leeal Aid of Collier County HPRP Leeal Assistance for Tenants Proeram Project Number S09-UY -12-0024-2009-07 Activity Number Subrecipient: Leeal Aid of Collier County Contact Person Jeffrev Ahren. Esq. Telephone: 239-298-8130 Fax: 239-775-3887 E-mail: j ahren({iJ,leealaid.ore 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. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 26 of29 "-" _. ..... rr ~ ...____!,.,_,._,,..,_~.u,., .. ".".'_"~U'.'''''_' .. . .... . 16D19 New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "I. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) ofthe current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4, " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 27 of 29 ,-, - " - .. ""-_,__~____...."",,.,.,~.~,... "'"''''_'R_"'~_''''''_ ('Ill 16D 19 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX2 BOX3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa, Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2009 -2010 ARRA- HPRP AGREEMENT lEGAL AID OF COLLIER COUNTY Page 28 of 29 M>... ------- 16D 19 Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOTAL: 08-PRC-0 I 009/ 2009 -2010 ARRA- HPRP AGREEMENT LEGAL AID OF COLLIER COUNTY Page 29 of 29 ...~ ..."'....,.,.""""...-..>> ..~~<--- ~ ~ 16019 AGREEMENT BETWEEN COLLIER COUNTY AND Housing Development Corporation of Southwest Florida HPRP CREDIT REPAIR AND BUDGET COUNSELING PROGRAM Catalog of Federal Domestic Assistance # 14.257 HUn HPRP Grant # S09-UY-12-0024-2009-04 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Housing Development Corporation of Southwest Florida," a private not for profit corporation existing under the laws of the State of Florida, having its principal office at 4779 Enterprise Avenue, Naples, FL 34104, and its Federal Tax Identification number as 38-3695928 (ltSUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("'Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative( s). (B) "ARRA" means the American Recovery and Reinvestment Act of 2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means Housing Development Corporation of SW Florida. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page I of 29 r- <'^"-- , .IIl.r.u__'_ lilT . I6D 19 (G) Beneficiaries include individuals and families who are currently in housing but are at risk of becoming homeless, and individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUB RECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUBRECIPIENT prior to July 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Twentv-two Thousand One Hundred and Ninetv Ei!!ht dollars ($22.198) for the services described in Exhibit "A." 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 qualified bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with ~ 218.70, 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 2 of29 ", "-"',<"'".',~"w".,~_".,,~~ .n n ~_'4_ ',""""m'_'~.,,_,.. ._. ",.. ..~.,~__'".,_"'_",>'.;__ __ '1""-_ 16D19 Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A nON OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 3 of 29 "~",", '1___ I Iil"'"......._. W'O'~~_"""~'''_..,',.",...",.<_,.-~'''''......,. ,~ ......,,- 16DI9 4. Title VI of the 1984 Civil Rights Act, 42 USC ~ 2000d, et. seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC ~ 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. II. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis- Bacon Act. 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. 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 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 4 of 29 .,.,.,,,," -_.,-~~.~... .'., .-.-..- J"'III' '~,.,....,.,...,~,.. """",..""""",.,-- .... ][ (S 1J 19 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 SUB RECIPIENT 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. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to IDIS for its review and approval, which will specifically 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 5 of 29 .,-",,,,- ij f"","1 \_~,""""""=-...""."."..,, ~''''"'-'--' 11I"- 16D 19 include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUB RECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUB RECIPIENT will include a reference to the financial support herein provided by HHS In all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENf HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 6 of 29 , -"""~'-"~"'" - -.._<~....<.".;~-".._- 16D 19 H. 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.) 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. 1. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORA nON OF SW FLORIDA Page 7 of 29 _.,,'""'''<~'.'~' ,......,,"'.."-;.. ". I ~ .._~"',-,--'""'".,....,," _.,.""~;.,.....,.,..___",__,,, ..1IIIIl1 16D 19 this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUB RECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUB RECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A -110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A TION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule"D-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUB RECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 8 of 29 - .-- w _.~ ....,""'_...._~ _0" ... -">-'~~'~-"~"---',.. II~ 16D 19 under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS. AUDITS. AND EVALUATIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUB RECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES. COUNTY. AND HUD REQUIREMENTS The SUB RECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 9 of 29 , ~ iTl n _.~ ---...--.'---...' ". _ _____"",_'mo,W.,,_,,_... "'"'--- 16D r~ E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IlO, A-I22, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-133 apply, or when the SUBRECIPIENT elects to comply with OMB A-I33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 10 of29 -....,.- ._. i>"""....._..._~ .", R" y III'" ~A lflI ..,.. 1'1' " ._----,..._,--~--,.._.- 16L119 period during which HHS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. YDI. OTHER PROGRAM REQmREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 11 of29 '-'~-' .toI""_"''''''''_''''__~''>''''''_'_';''''___''''''-"'''_ - 160 19 feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk ofhomelessness. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation oflow and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in ~ 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUB RECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by ~ 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 12 of29 _,.........,.-._...'.d." -~>".-..."",.,-'"'..,-_.._~ . -" 160 1~ G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUB RECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use of HPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 13 of 29 --- ~'''', "-""",",,""., __.-""'0"""""'_,,,,,,,,,,_ _-'''''T - 16D 19 1 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty-nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed tobe an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORA nON OF SW FLORIDA Page 14 of29 '''''''''.-. "" UI. .""".,',-.- .,"""',-""..'-,_........- 16DI9 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent. hereunder set their hands and seals on this 15th day of September, 2009 BOARD OF ~ COMMISSIONERS OF , CLERK \- COLLIER CO , FLORIDA / I f _ Al ;:t t!. By: I .~ '( ,',..ld:.... 4(, DONN FIALA, CHAIRMAN - u~ Da;ed: >'~C't:t,.t; <. r\l,) C?l4i 'r"~""l" fl ~ r;). .~ t ",,'. {)fl i . First Witness Housing Development Corporation of Southwest Florida ek(~~AJ Gn BY~ t&~..- J~ATHLEaJ GU6VftM- SU ipien SIgnature ~ -t.,,,, 'e ~""''' Type/print witness name Second Witness Colic C&ll flaw'L I ..t6'-t '.:;,'1 r )G~h Type/prmt witness name Approved as to form and legal sufficiency: C@fflAAlir1 ~ "- Colleen M. Greene / Assistant County Attorney 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FWRIDA Page ]5 of29 i I I ~-~", .,', .>....~"'......"""'- .-~_.,...,,".~~,..,. ",'." .,,","'" 16D 19 EXHIBIT "A" SCOPE OF SERVICES Housing Development Corporation of SW Florida/S09-UY-12-0024-2009-04 HPRP Credit Repair and Budget Counseling Program THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Housing Development Corporation of SW Florida will provide credit and budget education and one-on-one credit repair and financial literacy for families and individuals facing homelessness or those who are homeless and need to be rapidly re-housed. Clients will be referred by the participating HPRP agencies and will receive services based upon the recommendation of the referring HPRP case manager. All classes and counseling session will adhere to the policies and procedures as outlined in the HPRP administrative plan. Education will include one of the following: Short Term Assistance (1-3 months): A handout with quiz, or a three (3) hour class. Medium Term Assistance (4-18 months): Three (3) one-on-one budget counseling seSSIOns. The Collier County Department of Housing and Human Services (HHS) is using HPRP funds in the amount of TWENTY TWO THOUSAND ONE HUNDRED AND NINETY EIGHT DOLLARS ($22. 198) to fund the Housing Development Corporation ofSW Florida's HPRP Credit Repair and Budget Counseling Program. Housing Development of SW Florida's Credit Repair and Budget Counseling Program B. BUDGET Line Item: HPRP Funds Money Management and $ 2,698 Credit Handout and Quiz for approximately 71 households Twelve (12) Managing Your Money $18,000 Workshops: 3 each in English &Spanish per year for 2 years Ten (10) One-on-One Budget Counseling $ 1,500 3 sessions per household for Medium Term Clients Total Funding: $22.198 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORA nON OF SW FLORIDA Page 16 of29 "'''e'.~__,,_ ,,,,, ~.." I_ "~,.,,,- 16D19 Clarifications to the quantity and types of work to be conducted under Exhibit A will be processed by a Change by Letter, Exhibit A-I, and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Develop budget handout and quiz 09/01/2009 1 % 1 /2009 Train staff and volunteers on parameters of grant program, HMIS and award reporting. 09/01/2009 09/30/2009 Develop 3 hour money management course 09/01/2009 10/15/2009 HMIS reporting system implementation and training 09/15/2009 10/1 /2009 Subrecipient must expend 60% of award amount. 09/15/2009 07/15/2011 Provide (3) each English/Spanish budget classes for 2 years 10/15/2009 09/30/2011 Provide one-on-one counseling for referred medium term clients 10/15/2009 09/30/2011 NOTE: Pelj'ormance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict pelj'ormance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 17 of29 '~-"'~"._"..'-,,-- ..~"_...-.",.- 16D 19 D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Prevent individuals from Clients improve ability Develop budget Approximately 85% of clients becoming homeless and to manage finances and handout and quiz & who receive handout and quiz stabilize the homeless remain housed. administer to Short score satisfactory. who have been recently term clients. Develop 95% of attendees complete re-housed by budgeting budget education class and receive certificate. education. classes for medium 10 clients receive counseling. term clients and provide One-on-one budget counseling for 10 clients. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 18 of29 <..,-~_. ." ,.~-~,,---~.- v_.__.. , AI .,',.,-". -~----.~ 16D 19 EXHIBIT "A-I" CHANGE BY LETTER ~ COLLIER COUNTY GOVERNMENT Collier County Housi!!K~ Hl!!!1an~~!yices Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 19 of29 ".,~-,..._.,-. . .' "_.~",,~,""-'-_.., .,-".."-..~~._.~ -- ~ I 16D 19 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUB RECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 20 of 29 ,- - "--,-",,.-. . "_"'0"... ~'"_. ~....._...~._"._.~...~..~,._^~ _.....~- 16D 19 OPERA TIONIMANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A. T .LM.A. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 21 of29 .. '" ilr"ll ., 16D IS EXHIBIT "C" ADDITIONAL HPRP GRANT REQillREMENTS Please see recovery.gov website for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 22 of 29 ~,_,_ "0"" ,.._'" _'."17.1 .".'\1,1 .......1I U.b>.. --~-- ."._~ 16D 19 EXHIBIT "D" REQUIRED SUB MITT ALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORA nON OF SW FLORIDA Page 23 of 29 ,_"~_i""""'___~ -.. -"'.....- 16D 19 SCHEDULE "D-l" CQLLIER CQUNTY HQUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Housing Development Corporation of SW Florida Subrecipient Address: 4779 Enterprise Avenue. Naples. FL 34104 Project Name: HDCSWF HPRP Credit Repair and Budget Counseling Program Project No: S09-UY -12-0024-2009-04 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 22,198.00 2. Sum of Past Claims Paid on this Account $ 3. Total Grant Amount A warded 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) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -20]0 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 24 of 29 _u,,_,~_.., - ", '-'~-".""'~"--~-_~~IllI~ ---- SCHEDULE "D-la" 16D 19 RELEASE AND AFFIDAVIT FORM The SUB RECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2009, by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She IS personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 25 of 29 - __~....,'_,c~ "_"",~_,"'-"- '-"-~",,"~- 16D 19 SCHEDULE "D-2" HPRP MONTHLY PROGRESS REPORT Completeformfor past month and submit to Housing &Human Service's staffby the 1 rlh of the following month. Status Report for Month of Submittal Date: Project Name: HDCSWFL HPRP Credit Repair and Bude:et Counseline: Proe:ram Project Number S09- UY -12-0024-2009-04 Activity Number Subrecipient: Housine: Development Corporation of SW Florida Contact Person Kathv Patterson. Executive Director Telephone: 239-434-2397 Ext 101 Fax: 239-430-2387 E-mail: kpattersonltVcollierchdc.org 1. Activity StatuslMilestones (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. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 26 of29 ---'*',...~ .---...-..--..-""----- .- 16 r: lQ 'U New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract F ederallD (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOTAL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFI). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (31-50%) ofthe current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MF!). Enter this number in Box "4. " NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 27 of29 "'-~.- ----"", ~ "1M! "",.."",- -"".'."~"'-> ,~--_.._..-_...- 16D 19 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box H 5" below. BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 28 of29 . _n_ . _......._-~_... . J. 16.D 19 .., Tabulation Table of Race and Ethnicitv Beneficiaries ,. Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black! African American and White American Indian! Alaskan Native and Black! African American Other Multi-Racial TOT AL: 08- PRC-O 1009/ 2009 -2010 ARRA- HPRP AGREEMENT HOUSING DEVELOPMENT CORPORATION OF SW FLORIDA Page 29 of 29 , ^'_"~.H"" ..,....---" 16D19 AGREEMENT BETWEEN COLL[E~-CObNTY AND YOUTH HA VEN CARING FOR FAMILIES Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY-12-0024-2009-05 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Youth Haven," a private not for profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Rd., Naples, FL 34112, and its Federal Tax Identification number as 23- 7065187 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery Act"); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representative(s). (B) "ARRA" means the American Recovery and Reinvestment Act of2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) "SUBRECIPIENT" means Youth Haven. Inc. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page I 01'29 , -_.----~-"'-_._--~-=.. ___--.H".'-'~ _ 'II'.. - ,. .....~... -'--- 7 ~9 J.. l (G) Beneficiaries include individuals and families who are currently in housing but are at risk of becoming homeless, and individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (1) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to July 15, 2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERA TION AND LIMIT A TION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for alI~\V~ble. ~?~ts,de~e~ined byC()UNTY, in an amount not to exceed 1WO!jiBb.~.i'"~ EldiI'lhou.aad;DoUlnlf2S8tO<<*ottl for the services described in Exhibit "A." All improvements specified in Exhibit "A" shall be performed by SUB RECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and qualified bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUB RECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUB RECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt ofa proper invoice and in compliance with 9 218.70, 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 2 of 29 "",,~.,~,.,.., -~-"- .11 .m_ 16D 19 Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS. V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act CARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The regulations prescribing the Environmental Review procedure. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 3 of 29 .- _ m_...w_..."'_'_~' ~...<- ,~._~_. "-~,~._~-,-.,-,- 160 19 4. Title VI of the 1984 Civil Rights Act, 42 USC S 2000d, et, seq. 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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, 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, et. seq. 8. 24 CFR 135 - Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis- Bacon Act. 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. 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 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 4 of29 " --~>,...", ___""",__J ~.,,_. ._-,-'_.,~._.,~~..._-"...._"._~~~-,- 16D 19 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 9 44.102, Fla. Stat, D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 5 of29 --,-_., ....-,... ""~..~" "--~"..,. 16~ 19 / I . LJ include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUB RECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICA TION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The SUB RECIPIENT will include a reference to the financial support herein provided by HHS In all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAYEN Page 6 of29 "' "-~.,_._._.~ .",.~",.,,,,.,, -'-"'=""""""'~--"""""""",","~"'^' ..... ...~.._. ", ...",~",,"~-~-~,-,~,.,,- 16D 19 H. 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 TION 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 (l0) 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 CESSA nON 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. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGA nON Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 70f29 "'~'--- --",.~~,,~." '.., ~....-....~ u_----.q ""~_..r_'" ---,-,.... _. 16D19 this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUB RECIPIENT agrees to comply with OMB Circular A-II 0 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A TION AND RECORD KEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 8 of 29 ~ -,-., ",...,.' -- ..~._.,,--.,.._._._."- l~n 19 ' '1 . ....., '-.' -, " under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EV ALUA TIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 9 of 29 -.-- .-'.-- ~ -'.'~"'-"'- ~.~... 16D 19 E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat, unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-I 10, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-l33 apply, or when the SUBRECIPIENT elects to comply with OMB A-133, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-133 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 10 of29 ,.,..- ,....'" -~"""'''' --,-"'~.- -"'--.,-,- 16019 period during which HHS-federal assistance has been received. In either case, each audit shall cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-133, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or serVIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page II of29 ---.- _._-- v .II!' ,___....,"^ ""-""'- W"'''~__ 16D 19 feasible opportunity to compete for contracts to be performed pursuant to this Agreement. To the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at risk of homelessness. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUB RECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in ~ 287.133, Fla. Stat. by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by S 287.133 (3)(a), Fla. Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 12 of29 "^-.~. _....,~. ".'---~ ~ ,""".~,,-,._.,-~,- . .------ 16D 19 G. CERTIFICA nON REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use of HPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 13 of29 ,..._.....,,~ -~'''-''',~.- +'__N 1_.'."" , -~..,.'~..,," . . -~,.._. ~-_.^'. 16D19 XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. XIV. ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties 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. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAYEN Page 14 of29 _.^~-,-,,,,",.,,~. .. ..... -,"- _"...-.,..,."....,AO -~'"~". ___rl'~__~'-"""'""''''''''''''''''~'"''''''''''''~~'"''~"'''','." _,__~,__,.o_ 16D19 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 BOARD OF COUNTY COMMISSIONERS OF /1 COLLIER COUNtJi, FLORIDA i , i f I , " j (~~d-,4, 1'\ I, " By: 'f' (.r",'r~ ",," DONNA' FIALA, CHAIRMAN '," I.,f \'; ';<" . Dated:, ' . , " t)f\ i " First Witness Youth Haven, Inc. ~~ A/I /i By: .c ~ 11 n.~ h1.~ ) / ------- , I ,,{, '-- -"/ - ~.I' ~j . Subrecipient Signature c~ I "1 J( CC' , Ch'e.j ~td-,;,,, o/f~ Type/print witness name seco~:s f ~~ IS I~ '1 A.I\J L€'~ Type/print witness name Approved as to form and legal sufficiency: it 'f'to' 'Tfl Au// ,-. ({, / I (!{ ,(,{ -{,'-(;'_. Colleen M. Greene Assistant County Attorney 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 15 of29 -- ...-.,..,.... IlII A --_.',-- .._.....~. EXHIBIT" A" 16D19 SCOPE OF SERVICES Youth HavenlS09-UY-12-0024-2009-05 Youth Haven HPRP Caring for Families Short & Medium Term Homelessness Assistance and Rapid Re-Housing Program THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: Youth Haven's Caring for Families will assist families and individuals who are seriously at-risk of becoming homeless with both short and medium term rental assistance and utility payments. Youth Haven will also provide relocation services, moving costs, hotel/motel vouchers and security and utility deposits for families and individuals who are experiencing homelessness. All clients receiving more than one month of assistance will be referred for a budget education program for either classroom or at home instructions. In addition to the direct services provided above, Youth Haven will provide mobile case management services, outreach and engagement services, crisis counseling, budget and financial training, and referral to landlord/tenant mediation and other referrals to help participants achieve self sufficiency and stable housing. Youth Haven will also coordinate training for participating case managers and provide follow up case management to participants receiving short term HPRP assistance through Catholic Charities and the Salvation Army. All services performed and assistance payments dispersed must conform to the policies and procedures outlined in the HPRP Administrative Plan. Collier County Housing and Human Services is using Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid Re-Housing (HPRP) funds in the amount of Two Hundred and Fifty Eh!ht Thousand Dollars ($258.000) for Youth Haven's HPRP Caring for Families program. B. BUDGET: Youth Haven HPRP Caring for Families Line Item: HPRP Funds Short Term Homelessness Prevention Follow Up Assistance: (1-3 months) 20,000 Medium Term Homelessness Prevention Direct Assistance: 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 16 of29 ,- ,_"~",,"'m "'" ~.>'~u . .~~ -". ;..'.-."".-.~."".'"'''''''''' - .1 ._--. ,-- Utility and Rental Assistance 16D19 Utility deposits 196,000 (1-6 months) (60 families served with a maximum of$3,266 per family) Rapid Re-housing Assistance: 2,000 Motel/hotel vouchers, moving costs, security deposits, utility deposits, rent, and/or utility assistance Case Management: 40,000 Salary, benefits, mileage Total Funds: $258.000 Clarifications to the quantity and types of work to be conducted under "Exhibit A" will be processed by a Change by Letter, "Exhibit A-I", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/TASK START DATE END DATE Train staff and on parameters of grant program, HMlS and award reporting. 09/01/2009 09/30/2009 Initiate a fiscal reporting and I accountability process in I conjunction with the Collier I County Finance Department and HHS Fiscal Staff 09/15/2009 10/15/2009 HMIS reporting system implementation and training 09/15/2009 09115/2009 Subrecipient must expend at least 60% of award amount. 09/15/2009 07/15/2011 Provide direct assistance and case management to approximately 60 medium term clients. Provide follow up services for approx- imately 220 short term referrals from Catholic Charities and Salvation Army. Sub- recipient must expend 100% of award by 10/1/2009 07/15/2012 End Date. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 17 of29 o,~_ ~ ..._,"w....""_.,,..",..., ~ '-. - 'Ir" _"'.""-..-- ,--_.__._, .. "'.'- 16D 19 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict performance requirements. This agreement shall allow reimbursement of expenses for all eligible costs associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICA TORS Provide follow up case 100% of clients will Provide appropriate Approximately 220 individuals management to ensure have had either basic follow up and referral and/or families are assisted and approximately 220 needs met or received servIces to remain housed. referral clients remam appropriate referral approximately 220 housed. servIces. referral clients. Prevent approximately 60 Approximately 60 Provide case Approximately 60 individuals individuals or families individuals or families management, referral or families at risk of homeless- from becoming homeless will remain housed. servIces and direct ness remain housed. by providing medium assistance for term direct assistance for individuals and rent and utility assistance, families at risk of homelessness. Provide direct assistance Approximately 2 Provide direct Approximately 2 individuals or to approximately 2 individual or families assistance, referral families are re-housed and individuals or families will receIve direct servIces, case stabilized. who have become assistance to ensure management, and homeless. they are rapidly re- relocation services for housed and stabilized. approximately 2 individuals or families to rapidly re-house and stabilize them. Provide follow up case Approximately 100% Case managers will Approximately 60 individuals management to ensure of direct assistance track clients who are/or families receive case client remain housed. clients, and referral received servIces to management and referral clients are contacted ensure servIces. and follow up referrals are provided to ensure clients remain housed. I 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 180f29 -". ---~ ,.~"~ w "~ po-. ~._, EXHIBIT" A-I" 16D 19 CHANGE BY LETTER ~ ':" COLLIER COUNTY GOVERNMENT Collier County Housing & Human Services Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so, Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 19 of29 ,._-.-,~._~, - .'.'-'--'" ------ ...~_o.,_ ".'-'" 16D 19 EXHIBIT "B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUB RECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 20 of 29 , . -,.~^,.. ..,-"-~-~- .---- 16D '"'1 f ~ ,L OPERA nON/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- I-IPRP AGREEMENT YOUTH HAVEN Page 21 of29 . -~ 4_ --.."..----... . EXHIBIT "e" 16019 ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery.gov website for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 22 of29 "".~-~ --,,- ~._"."~~-_.... ... ..........-.....-.'< .._~,,- 16D19 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 23 of29 _....,~,-_._, -".,.,,~ ,..,~,...._-~ ;-. ~~~.~, - 16D19 SCHEDULE "0-1" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Youth Haven Subrecipient Address: 5867 Whitaker Road Naples, FL 34112 Project Name: Youth Haven HPRP CARING FOR FAMILIES Project No: S09-UY -12-0024-2009-05 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ 258,000.00 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 Today's Request $ 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 24 of 29 w ___...... --<1 _..-.--. -."-;''''- <.---. 16D19 SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2009, by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has produced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 25 of29 -0._-- -~,-"..., .. ....,_." ~..~.~'~---~~--'" --~- ,- 1,f'D 19 SCHEDULE "0-2" HPRP MONTHLY PROGRESS REPORT Completeformfor past month and submit to Housing &Human Service's staffby the 1 (/h of the following month. Status Report for Month of Submittal Date: Project Name: Youth Haven HPRP CARING FOR FAMILLIES Project Number S09-UY -12-0024-2009-05 Activity Number Subrecipient: Youth Haven Contact Person Telephone: 239-774-2904 ext 2002 Fax: 239-774-0801 E-mail: .-bIYE.n.l~~@u,youthha Yep. net 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. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 26 of29 ......_".....--.-. ..~_... w~_ .._ ~"",_u -....---.--,,- -.-.- w,__ 16D 19 New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box "1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFl). Enter this number in Box "2. " Of the households or persons assisted, are very low-income (31-50%) ofthe current Median Family Income (MFI). Enter this number in Box "3. " Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. " 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 27 of 29 ---".. , -_._~"., .. "_.~ _ __.'M~ ~1r _l Jl 1 r "", ~ 6 " "\. 1 1 l. 'W ,ft.. NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below, BOX 1 BOX 2 BOX 3 BOX 4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) I I I Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAVEN Page 28 of 29 -- -- .--.-..- "- '.~~, ---".,~~ ' __o~_",,'" .u ....._.w'",... 16D 19 Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian! Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American---l-. Other Multi-Racial I ! TOT AL: 08-PRC-0 I 009/ 2009 -2010 ARRA- HPRP AGREEMENT YOUTH HAYEN Page 29 of29 """,,-- - ." ..~"." .--".,'~-^ .."._.~.","-",,"~ ...-......".,."." -"'-.--""-" 16D 19 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER & HOMELESS COALITION HPRP HMIS & ADMINISTRATIVE COORDINATION Catalog of Federal Domestic Assistance # 14.257 HUD HPRP Grant # S09-UY-12-0024-2009-06 THIS AGREEMENT is made and entered into by and between Collier County, a political subdivision of the State of Florida, ("COUNTY"), and "Collier County Hunger & Homeless Coalition," a private not for profit corporation existing under the laws of the State of Florida, having its principal office at 1044 6th Avenue N, Naples, FL 34102, and its Federal Tax Identification number as 04-3610154 ("SUBRECIPIENT"). WHEREAS, the COUNTY has entered into an agreement with the United States Department of Housing and Urban Development (HUD) pursuant to the "Homelessness Prevention and Rapid Re-Housing Program (HPRP), under Title XII of the American Recovery and Reinvestment Act of 2009 ("Recovery AcC); and WHEREAS, Congress has designated $1.5 billion for communities to provide financial assistance and services to either prevent individuals and families from becoming homeless or help those who are experiencing homelessness to be quickly re-housed and stabilized; and WHEREAS, the Board of County Commissioners approved the Department of Housing and Human Services substantial amendment to the 2008-2009 Action Plan on May 12, 2009 to include this activity; and WHEREAS, the COUNTY and the SUBRECIPIENT desire to provide the activities specified in Exhibit "A" of this Agreement, in accord with the HPRP. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: I. DEFINITIONS (A) "COUNTY" means Collier County, and where applicable, it's authorized representati ve( s). (B) "ARRA" means the American Recovery and Reinvestment Act of 2009. (B) "HPRP" means the Homelessness Prevention and Rapid Re-housing Program. (C) "HHS" means Collier County Department of Housing and Human Services. (D) "HHS's Approval" means the written approval of the Department of Housing and Human Services or designee. (E) '.SUBRECIPIENT" means Collier Countv Hune:er & Homeless Coalition. (F) "HUD" means the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (G) Beneficiaries include individuals and families who are currently in housing but 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page I of29 '~'-'"'-'^ T'R'R''-'_ .~,,-". -. ~_.------_..---~---'-".,.,- 16D .19 are at risk of becoming homeless, and individuals and families who are experiencing homelessness and need temporary assistance in order to obtain housing and retain it. (H) Homeless means the term as defined by section 103 of the McKinney-Vento Homeless Assistance Act (42 USC 11302). (I) Eligible activities include financial assistance, housing relocation and stabilization services, data collection and evaluation, and administrative costs. Specific program guidelines may be found on the HUD website at www.HUD.gov. (J) "Project" means the work to be performed as set forth in Exhibit "A." II. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform the tasks necessary to conduct the project outlined in Exhibit "A." III. TIME OF PERFORMANCE The effective date of the Agreement between HUD and Collier County shall be Julv 15. 2009. The services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. SUBRECIPIENT is authorized to incur eligible expenses after that date and prior to execution of this Agreement subject to HHS prior written approval. In any event, all services required hereunder shall be completed by the SUB RECIPIENT prior to July 15,2012. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY, as set forth in Section XI. IV. CONSIDERATION AND LIMITATION OF COSTS The SUBRECIPIENT shall be reimbursed by the COUNTY using HUD funding for allowable costs, determined by COUNTY, in an amount not to exceed Fol1VSevenThollsand 'tit'UUJidtedT",entvOne DOUatrs ($47.221.001 for the services described in Exhibit" A." 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 qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHS, which shall have access to all records and documents related to the project. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by HHS pursuant to the submittal of monthly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with * 218.70, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHS, 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COAUTION Page 2 of29 ",""",---",.,...-.-.,..- ,.~".,-..... _""""._,,,u~,,.," "',,'_u,.. ~'" ---- ""....".-.,._,.._.. 16D 19 V. NOTICES 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. VI. GENERAL CONDITIONS A. IMPLEMENT A TION OF PROJECT The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in HHS' Policies and Procedures memoranda. 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 or its designee within forty-five (45) days of said official notification. B. DEBARMENT The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction. C. 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: 1. Public Law 111-5, the American Recovery and Reinvestment Act (ARRA) of 2009 (2/17/09). 2. 24 CFR 35, parts a, b, m, and r - Lead-Based Paint Poisoning Prevention in certain residential structures. 3. 24 CFR 58 - The re6'1l1ations prescribing the Environmental Review procedure. 4. Title VI of the 1984 Civil Rights Act, 42 USC 9 2000d, et. seq. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 3 of 29 ."""" .-..-,.,.,....., -'~------- 160 19 5. 24 CFR 107 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 6. 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. 7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC S 2000e, et. seq, 8. 24 CFR 135 - Regulations outlining requirements of Section 3 ofthe Housing and Urban Development Act of 1968, as amended. 9. Age Discrimination Act of 1975. 10. Contract Work Hours and Safety Standards Act, 40 USC 327-332. 11. Section 504 of the Rehabilitation Act of 1973,29 USC 776(b) (5). 12. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 13. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. 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-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. 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. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 4 of29 ----^" ""'_'""<'''M''. ".._"..._.__....I.III..l'lI'~ --~' ...~._,---,..~_._~,.._....,~~-_.- 16D 1~ 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 9 44.102, Fla. Stat. D. SUBCONTRACTS Any work or services subcontracted by the SUBRECIPIENT shall be specifically by written contract or agreement, and such subcontracts shall be subject to each provision of this Agreement and applicable County, State, and Federal guidelines and regulations. Prior to execution by the SUBRECIPIENT of any subcontract hereunder, such subcontracts must be submitted by the SUBRECIPIENT to HHS for its review and approval, which will specifically include a determination of compliance with the terms of the attached Scope of Services set forth in Exhibit "A." 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 5 of 29 - ......---....,"'- -, h_""~_",_ 1 'I III .,-"_.",.. 16D 1( This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as established by the Collier County Purchasing Department, Florida Statutes and HUD. Reimbursements for such services will be made at SUBRECIPIENT cost. None of the work or services covered by this Agreement, including but not limited to consultant work or services, shall be subcontracted by the SUBRECIPIENT or reimbursed by the COUNTY without prior written approval of the HHS or its designee. E. AMENDMENTS This Agreement, and any exhibit or attachment, may be amended only by written agreement executed by the governing boards of both parties, except that County representative(s) may approve adjustments between line item amounts, scope clarifications, or an extension of time and schedule that do not change the project, or exceed the amount funded by the County, as stated herein. Any modifications to this contract shall be in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such modifications are authorized. F. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or anyone employed or utilized by the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. G. GRANTEE RECOGNITION All facilities purchased or constructed pursuant to this Agreement shall be clearly identified as to funding source. The S UBRECIPIENT will include a reference to the financial support herein provided by HHS In all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. The SUBRECIPIENT will mount a temporary construction sign for projects funded by HHS. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. The construction sign shall comply with applicable County codes. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 6 of29 "~_. . _.- ..... -.,..,.,~- ,--"',. - ....-..." 16D 19 H. 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 AbTfeement, 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 oftermination. (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. I. INSURANCE SUBRECIPIENT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts described herein and further set forth in Exhibit "B" to this Agreement. J. SUBRECIPIENT LIABILITY OBLIGATION Compliance with the insurance requirements in Exhibit "B" shall not relieve the SUBRECIPIENT of its liability and obligation under this subsection or under any subsection of this contract. The contract is contingent upon receipt of the insurance documents within fifteen (15) calendar days after the Board of County Commissioners' approval. If the Insurance 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 7 of 29 ,,,"" ..~,,~ ,-,*'" ----,,-~_._..,-.....,..-- ~'''~".,~- ,-~<<~. 16D 19 certificate is received within the specified period, but not in the manner prescribed in these requirements, the SUBRECIPIENT shall be verbally notified of the deficiency and shall have an additional five (5) calendar days to submit a corrected Certificate to the County. If the SUBRECIPIENT fails to submit the required insurance documents in the manner prescribed in these requirements within twenty (20) calendar days after the Board of County Commissioners' approval, the SUBRECIPIENT shall be in default of the terms and conditions of the contract. K. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of law applicable to County employees relative to employments, hours of work, and rates of compensation, leave, unemployment and employee benefits. VII. ADMINISTRATIVE REQUIREMENTS A. FINANCIAL MANAGEMENT The SUBRECIPIENT agrees to comply with OMB Circular A - 110 (Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations) and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. DOCUMENT A TION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records required by ARRA and HPRP. 2. The SUBRECIPIENT shall submit detailed monthly progress reports to HHS outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is paid with HPRP funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. The progress reports shall be submitted on the form Exhibit "D," Schedule "D-2." 3. The SUBRECIPIENT is required to provide a quarterly report to HHS detailing compliance with the ARRA and HPRP. 4. All reports, plans, surveys, information, documents, maps, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHS. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 8 of 29 .."'-~-, ..........--'"--'- '^"'- ".,._""._~-,_.-..,.,. ,..-.." ..._-----"-~----- 160 19 surrendered to HHS if requested. In any event the SUBRECIPIENT shall keep all documents and records for three (3) years after expiration of this Agreement. 5. The SUBRECIPIENT shall submit reports as required to assist the COUNTY in the preparation of HUD Labor Relations, WBE/MBE, Equal Opportunity Employment, and HUD Section 3 reports, pursuant to 24 CFR 570.502,507, and 92 (3)(vi). 6. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon Law, including files containing contractor payrolls, employee interviews, Davis-Bacon wage rates, and administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor compliance with the Contract Work Hours and Work Safety Law. Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal purchasing requirements and with other federal requirements for grant implementation. 7. If indirect costs are charged, the SUBRECIPIENT will develop an indirect cost allocation plan for determining the appropriate SUBRECIPIENT'S share of administrative costs and shall submit such plan to the COUNTY for approval, in a form specified by the COUNTY. 8. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. 9. The SUBRECIPIENT further agrees that HHS shall be the final arbiter on the SUBRECIPIENT's compliance with the above. C. REPORTS, AUDITS, AND EVALUATIONS 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. The SUBRECIPIENT agrees that HHS will carry out periodic monitoring and evaluation activities as determined necessary. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHS, submit information and status reports required by HHS or HUD to enable HHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHS or HUD to monitor the SUBRECIPIENT on site, Such site visits may be scheduled or unscheduled as determined by HHS or HUD. D. ADDITIONAL HOUSING & HUMAN SERVICES, COUNTY, AND HUD REQUIREMENTS The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 9 of 29 ",",,",~,~ "" ,,,,,,,,,,,,,,,,,,",,-,-,,,,,-,,,~,~"-,,,,,,;,,,,,,,,,,,-,",..,--,,,~,,.........- ""."k -,.-.-...... ---,~-,--- 16D19 E. PRIOR WRITTEN APPROVALS (1) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (2) All capital equipment expenditures of $1 ,000 or more; (3) All out-of-town travel (travel shall be reimbursed in accordance with Chapter 112, Fla. Stat. unless otherwise required by HPRP); (4) All change orders; (5) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit "A"; and (6) All rates of pay and pay increases paid out of HPRP funds, whether for merit or cost of living. F. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars A-IIO, A-122, 24 CFR Part 84, and 24 CFR Part 85. G. AUDITS AND INSPECTIONS 1. Non-profit organizations that expend $500,000 or more annually in federal awards shall have a single or program-specific audit conducted for that year in accordance with OMB A-133. Non-profit organizations expending federal awards of $500,000 or more under only one federal program may elect to have a program-specific audit performed in accordance with OMB A-133. 2. Non-profit organizations that expend less than $500,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review (e.g., inspections, evaluations). These agencies are required by HHS to submit "Reduced Scope" audits (e.g., financial audit, performance audits). They may choose, instead of a Reduced Scope Audit, to have a program audit conducted for each federal award in accordance with federal laws and regulations governing the program in which they participate. 3. When the requirements of OMB A-B3 apply, or when the SUBRECIPIENT elects to comply with OMB A-I33, an audit shall be conducted for each fiscal year for which federal awards attributable to this contract have been received by the SUBRECIPIENT. A copy of the audit report must be received by HHS no later than six months following the end of the SUBRECIPIENT's fiscal year. 4. If an audit is required by Section G of this contract, but the requirements of OMB A-I33 do not apply or are not elected, the SUBRECIPIENT may choose to have an audit performed either on the basis of the SUBRECIPIENT's fiscal year or on the basis of the period during which HHS-federal assistance has been received. In either case, each audit shall 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 10 of 29 -, ."e_m_ ~~. '. J_ _,,"'""" 1._ .U _...... =~".~~~.-~--~_.- >>",.,,," w~u_'_'" '''--'''''''''- 1~n 19 cover a time period of not more than twelve months and an audit shall be submitted covering each assisted period until all the assistance received from this contract has been reported. Each audit shall adhere to all other audit standards of OMB A-l33, as these may be limited to cover only those services undertaken pursuant to the terms of this contract. A copy of the audit report must be received by HHS no later than six months following each audit period. 5. The SUBRECIPIENT shall maintain all contract records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the County pursuant to the terms of this Agreement. 6. The SUBRECIPIENT shall include in all HHS approved subcontracts each of the record-keeping and audit requirements detailed in this contract. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, pro!:,'Tam income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. VIII. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968. B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES In the procurement of supplies, equipment, construction, or servIces, the SUBRECIPIENT shall make a positive effort to utilize small business and minority/women- owned business enterprises of supplies and services, and provide these sources the maximum feasible opportunity to compete for contracts to be perfonned pursuant to this Agreement. To 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page II of29 "''''C^_''''''__'?''''' -.",....'" "".. ~,-~_.".,...- -"-- 1"" 10 the maximum extent feasible, these small business and minority/women-owned business enterprises shall be located in or owned by residents of the CDBG areas designated by Collier County in the Annual Consolidated Plan approved by HUD. C. PROGRAM BENEFICIARIES Beneficiaries of a project funded through this Agreement must be at a minimum at risk of homelessness. If the project is located in an entitlement city, as defined by HUD, or serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this Agreement must reside in unincorporated Collier County or in municipalities participating in the County's Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period designated in Exhibit "A" of this Agreement. D. CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the target areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall be disclosed in writing to HHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. E. PUBLIC ENTITY CRIMES As provided in 9 287.133, Fla. Stat, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by 9 287.133 (3)(a), Fla, Stat. F. DRUG-FREE WORKPLACE REQUIREMENTS The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). G. CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 12 of29 _.,_'.,n ,.,."._.....~~"'"""......"'._....u ""-''''','._1rw', - . ------'- 160 19 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub- grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. X. CONDITIONS FOR RELIGIOUS ORGANIZATIONS ARRA funds may not be used for religious activities or provided to primarily religious organizations. Section 14004 of the ARRA specifies the limitations on ARRA funds. XI. REVERSION OF ASSETS Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any HPRP funds on hand at the time of expiration, any accounts receivable attributable to the use of HPRP funds, and any non-expendable personal property that was purchased with HPRP funds. XII. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. XIII. COUNTERPARTS OF THE AGREEMENT This Agreement, consisting of twenty nine (29) enumerated pages, which include the exhibits referenced herein, shall be executed in two (2) counterparts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COAUTION Page 13 of29 ~_. -_._"-~--"_._._~_."-~_.,..",.- '""' - ..~-,.,--.~"><..,.,..",,,~",..,. ~ ....".-;-............-....'. -. 'I 16D 19 I XIV. ENTIRE UNDERSTANDING I This Agreement and its provisions merge any prior agreements, if any, between the parties 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. IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 15th day of September, 2009 (, . . " l ATTEST: BOARD OF mTY COMMISSIONERS OF OW HT E. BROct<;, CLERK COLLIER CO " Y, FLORIDA / "- :';'.;~~~~ I - By: t~ ~~ "~ DONN FIALA, CHAIRMAN "''^q '.. Dated, . ..' ;.. I fI'i .ti.~t( Aft) - S 1."\, _ ~ Ot. ~ , First Witness Collier County Hunger & Homeless Coalition ~~~ By: ~ %~ !3onl1(~~ ~Ea9E-d11+ Subrecipient Signature Type/print witness name be.brc. ~\)(' Second Witness ~~~~ ~~\D~Y ,-- Type/print tness ame Approved as to fOlm and legal sufficiency: o ~7vJ J!ip~ v Colleen M. Greene Assistant County Attomey 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 14 of 29 .~- .. .:III _ _._..__..w_....._..._ ""'~m_ 1 '.. '''~ 19 . bj; U EXHIBIT "A" SCOPE OF SERVICES Collier County Hunger and Homeless Coalition/S09-UY-0024-2009-06 HPRP Program Coordination and HMIS Administration THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The Hunger and Homeless Coalition (HHC) will provide overall program coordination and HMIS support for the non-profit agencies participating in the Homeless Prevention and Rapid Re-Housing Program (HPRP). In addition, the Coalition will perform public outreach and coordinate engagements to publicize the availability of the HPRP program, develop the HPRP administrative plan which outlines the program policies and procedures for participating agencies; develop eligibility and reporting checklists, organize training for participating agencies; and coordinate quarterly meetings and monthly, quarterly and annual performance reporting for the participating grantees. HHC will also ensure participating agencies are trained and functional in HMIS, and are capable of providing HMIS performance reporting as outlined in the HUD Notice of Funding dated March 19,2009. Collier County Department of Housing and Human Services is using Department of Housing and Urban Development (HUD) Homelessness Prevention and Rapid Re- Housing (HPRP) funds in the amount of FORTY SEVEN THOUSAND TWO HUNDRED AND TWENTY ONE DOLLARS ($47.221) to fund the Hunger and Homeless Coalition's HPRP Program Coordination and HMIS Administration project. Hunger and Homeless Coalition HPRP Program Coordination and HMIS Administration B. BUDGET: Line Item: HPRP Funds HMIS HMIS Computers, Printers and Peripherals $ 5,000 Customized HMIS Programming by ClientTrack, Inc $ 14,000 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 1501'29 . ...~., -,,,,,~-,,,,,,"~~-,_,,,,~-'"'-"''''''''''^''''-'''^''''-'''-''''''''''. .1>.. nil" "'",",~-_.^.~- ~'~,."";.,,,- .. .~ ....._...,',~.,,__"'~_,._A"____ 16D 19 Technical Assistance and Training Travel and Training for HMIS Administrator & Project Coordinator Travel & Expenses for ClientTrack personnel to provide HMIS technical assistance and training $ 5,000 HMIS operational Costs Office supplies, classroom materials, printing, $ 1,000 Administration and Training Case Management Training 2 sessions @ $500/each $ 1,000 Intake Specialist Training 2 sessions @ $400/each $ 800 Quarterly Meetings 8 @ $300/each $ 2,400 Produce Administrative Manual, Checklists, & Standard Documents (for BCC Approval) $ 5,500 Reporting HPRP Data collection, analysis for quarterly and annual ARRA reporting (September 2009 thru July 2012 $ 6,521 Outreach and Marketing 4 Speaking Engagements @ $250 each $ 1,000 HPRP informational literature minimum of 2,000 pieces distributed (HHS approval required) $ 5,000 Total Funds: $47.221 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 16 of29 -"_._.._~~---" ...,-_..""',,.., . ..~,._o~" .,..,----~--,._'-^- 16D 19 Clarifications to the quantity and types of work to be conducted under Exhibit "A" will be processed by a Change by Letter, Exhibit "A-I", and made an integral component of this Agreement. C. PROJECT MILESTONE SCHEDULE The time frame for completion of the outlined activities shall be: MILESTONE/T ASK START DATE END DATE Develop Administrative Manual, Checklists, Standard Documents (referral forms, stabilization 08/20/2009 09/30/2009 plans) Train staff and on parameters of grant program, HMIS and award reporting. 09/01/2009 09/30/2009 Conduct Intake Specialist 09/01/2009 07/15/2012 Training Conduct Case Management Training 09/01/2009 07/15/2012 Initiate a fiscal reporting and accountability process in conjunction with the Collier County Finance Department and 09/01/2009 10/15/2009 HHS Staff Outreach and Marketing 09/01/2009 07/15/2012 Data collection and analysis for HPRP reporting 09/15/2009 07/15/2012 HMIS reporting system implementation and training 09/01/2009 07/15/2012 Subrecipient must expend at least 60% of award amount. 09/15/2009 07/15/2011 Subrecipient must expend 100% of award by End Date. 1 % 1/2009 07/15/2012 Hold quarterly HPRP meetings 10/30/2009 07/15/2012 NOTE: Performance milestones are in effect for program monitoring requirements only, and as such, are used by HUD and other grantor agencies as general target goals rather than strict performance requirements. This agreement shall allow reimbursement of expenses for all eligible cost!J' associated with the agreement and does not require the completion of all agreement milestones for reimbursement to be paid. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 17 of29 - ." .~.- ' ,- . "'''''' ",",--, ----,- 16D 19 Please note that if any of these activities exceed the timelines by two months a revised work schedule must be submitted to HHS. D. OUTCOME PERFORMANCE MEASUREMENTS: OBJECTIVE OUTCOMES ACTIVITY INDICATORS Functional HMIS HPRP agencies will Implementation, All HPRP agencies have had reporting system have HMIS hardware installation, training, HMIS equipment installed, staff and software in place and on-going technical is trained on HMIS protocols, and are trained In support for HPRP are able to input HMIS data, HMIS reporting agencies. Data and report outcomes as outlined requirements. analysis/ collection and by HUD Reporting as outlined by HUD. Case Managers and HPRP eligibility Development of Client eligibility, assistance and intake personnel have requirements and administrative policies referral options are consistent standardized checklists assistance levels will be and procedures. among participating HPRP and forms and are trained standard among Development of agenCies. to determine assistance participating agencies. standardized forms and parameters and referral checklists. Staff Administrative policies and options. HUD reporting is training for procedures are easily standardized among participating agencles understood and participating agencles and IS staff. Coordination via agencies are trained on policies, consistent with HUD's quarterly meeting to procedures and documentation. Notice of Funding dated ensure standardization March 1 9, 2009 and continuity amongst Information and best practices participating agencies. are communicated to participating agencies via quarterlv meetings, HPRP program Collier County citizens Ensure speaking Collier County citizens are information and are aware that HPRP engagements are aware of the HPRP program. availability IS widely resources are available presented In diverse disseminated throughout and individuals and locations within the Civic groups, churches and Collier County to families who are county. Ensure news agencies are informed of individuals and families homeless or at risk of informational materials the HPRP program target who are homeless or at homelessness are are distributed through audience and know what risk of homelessness stabilized and/or re- out the County and via agencies are participating housed. multiple outlets, Informational materials are available at a variety of outlets I and in English, Spanish and Creole. i 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 18 of29 ,,,,....-~... .~^,..- . ....11.. IF' ~ ,-,.,_... -","...,.-.,,-..-. .'-~,"><- __...__~_=.._r._ It n 19 ,""',\ if r J :..J EXHIBIT "A-I" CHANGE BY LETTER ~ COLLIER COUNTY GOVERNMENT f~!!!~!:_Q>u~t.y Hou~i!!K_~_!!~!!':~Il.Services Public Services Division Address NAPLES, FLORIDA Zip code PHONE: (239) Phone # Date FAX (239) Fax # Contact Name Name of Firm Address RE: Zero Dollar Contract Change Notification Re: Contract # and Title of Contract Project # Purchase Order # Dear Contact Name: By copy of this letter, the above referenced contract is being issued a zero dollar ($0.00) change as indicated below: r The above referenced contract time is hereby extended by Number of days calendar days. The new completion date shall be on or before month and date, Year. By extending this contract, the County is not relieving your firm of its obligations to perform work in a timely and satisfactory manner or any consequences resulting from failing to do so. Collier County hereby reserves all legal rights, including, but not limited to, rights to terminate, suspend or elect any other appropriate course(s) of action should circumstances warrant with regard to the referenced contract. r Additional Staffing Categories Professional Position(s) Hourly Rate(s) r Draw against Allowance (specify allowance item and identify specific items and quantities) r Other: Scope Clarifications as indentified in Schedule B-1, "Clarifications in Scope", (attached). Sincerely, Your name Title cc: Contract Specialist Name Contract Specialist, Purchasing Department Suzanne Boothby, Clerk's Grants Department 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 19 of29 ^ ~*_____'.,_,,_-r""_"_ ..-_..~..^ .. "'"',"_...............,_'._'d~"~"' .... ....~.,..'-_.---==-~--- 160 19 EXHIBIT "'B" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing and Human Services Department, 3301 E. Tamiami Trail, Bldg H, Suite 211, Naples, FL 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Public Liability Insurance on a comprehensive basis in an amount no less than $300,000 per occurrence for combined Bodily Injury and Property Damage. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $300,000 per occurrence for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 - 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $300,000 per occurrence providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPlENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 - 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original policies indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk [nsurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. Flood Insurance shall be provided for those properties found to be within a flood hazard zone, in an amount not less than the full replace values of the completed structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP), whichever is greater. The policy will show Collier County as a Loss Payee A.T.I.M.A. This policy will be provided as such time that he buildings' walls and roof exist. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 20 of 29 .~_____,..",_,,,....,,__,.,_,;'~Iol\ ill" ;<r -.."',,.......~... r T ~'-,,,..~ ., _.~-~,.~..,-,;.....>'-,--".__.,.,-,_..~.--,.~- 16D 19 OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Contract: 7. Public Liability coverage in an amount not less than $1,000,000 per occurrence for combined Bodily Injury and Property damage. Collier County must be shown as an additional insured with respect to this coverage. 8. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 9. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 21 of 29 ~,".~,.....___..,~I>'l"'_h.,q....'il'I~"" if ..... .'" ._-_..~..."_......,.,."......,,,,-_.........--'-'""''''''' ,~_,_,,,_,"_",....",___'h"'~~_~__"'''_'__ 1 t t, i:q . . .. : .~. -,\ . ." , , j: EXHIBIT "C" ADDITIONAL HPRP GRANT REQUIREMENTS Please see recovery.gov web site for additional guidance. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 22 of 29 ,....,.~--"""...,,,~,._,. .,....,.........,..._.~"",.-""'-~-~,.-.."~_..- -" "N_'''. ....__.._,,_-.-o__'.'~"_m.._._=-__ 16D 19 EXHIBIT "D" REQUIRED SUBMITTALS D-l Request for Payment D-la Release and Affidavit Form D-2 HPRP Monthly Progress Report 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 23 of 29 __.__-"liI!. ",,1IIlI1"~-"-'"'_'''''''..'W'''-''''''' -"'_""',,"~""'- "",,,.-,,,.,. >,",_,_,"",o_~.,",,~,,__.____.,~.., ,~_""",_c._ '9 , I. i b'..., ~ .-" SCHEDULE "D-l" COLLIER COUNTY HOUSING AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger & Homeless Coalition Subrecipient Address: 1044 6th Avenue N, Naples, FL 34102 Project Name: Collier County Hunger & Homeless Coalition HMIS & Administrative Coordination Project No: S09-UY -12-0024-2009-06 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ 47,221.00 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 Awarded Less Sum of all requests) $ 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 SUBRECIPIENT. I also certify that the amount of the Request for Payment is not in excess of current needs. Signature Date Title Authorizing Grant Coordinator Supervisor (approval authority under $14,999) Dept Director (approval required $15,000 and above) 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 24 of29 ,----"~--- ~._.. ._._...,.~.,-"~,-,,,'''''' ." "_",,,~,.~.;.,,..,"",,""'_^_'<l>."'- 1lI I'/IoiI ~ .."...", ~"-,,-,,,~,,,,,,,,,-'--""""-"-'''-''"'''<<''=---'''''.-- 160 19 SCHEDULE "D-la" RELEASE AND AFFIDAVIT FORM The SUBRECIPIENT certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and paid. This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request for Payment. SUBRECIPIENT Witness: BY: BY: ITS: President DATE: Print name and title STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of - , 2009 by , as of A Choose Not-For-Profit, or Corporation or Municipality on behalf of Choose Not-For-Profit, Corporation or Municipality He/She is personally known to me OR has prod uced as identification and who did (did not) take an oath. My Commission Expires: (Signature) Name: (Legibly Printed) (AFFIX OFFICIAL SEAL) Notary Public, State of: Commission No.: 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 25 of 29 ->"""","_,~""",,,,-"-,,-_,,_,-,,-;,"---;"-""' '.- ~,""...,""".,,-,,-"''''--''''''~ __M'_,_ ..---- 160 19 SCHEDULE "D-2" HPRP MONTHL Y PROGRESS REPORT Complete form for past month and submit to Housing &Human Service's staffby the 1 dh of the following month. Status Report for Month of Submittal Date: Project Name: Collier County Hunl!er & Homeless Coalition HPRP HMIS & Administrative Coordination Project Number S09-UY -12-0024-2009-06 Activity Number Subrecipient: Collier County Hunl!er & Homeless Coalition Contact Person Debra Mahr. Executive Director Telephone: (239) 253-3449 Fax: (239) 263-6058 E-mail: executivedirector@collierhomelesscoalition.orl! 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. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 26 of 29 - '"l.P<;>- v ,~.~"'~~"..'" .".~-~"-",."~-,-,, ---------"".- _ .,,'o.,e.',_' ~~~'" ......."-" 16D 19 5. Identify any potential issues that may cause delay. New contracts executed this month (if applicable): Name of Contractor or Amount of Contractor Race Ethnicity Subcontractor, Address & Phone Contract Federal ID (see definitions (see definitions Number Number on following on following page) page) For projects that serve a particular clientele, please complete the following information by entering the appropriate number in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT DUPLICATE clients served in previous months. You may provide data by either households or persons served. However, if one person received TWO services this counts as TWO SERVICE UNITS: TOT AL BENEFICIARIES This project benefits households or persons. Please circle one category (either "households" or "persons"). Enter the number of beneficiaries in the blank space and in Box ., 1. " INCOME Of the households or persons assisted, are extremely low-income income (0-30%) of the current Median Family Income (MFr). Enter this number in Box "2. .. Of the households or persons assisted, are very low-income (31-50%) of the current Median Family Income (MFI). Enter this number in Box "3. .. Of these households or persons assisted, are low-income (51-80%) of the current Median Family Income (MFI). Enter this number in Box "4. .. NOTE: The total of Boxes 2, 3 and 4 should equal the number in Box 1. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 27 of 29 ,~-_.._...............,_.......~"".,'" ~l'T v'-.'-""""""- .-.- -,-~- ""',"..~.,""". -~~,--,,-,_.,,-,-',"._"'--- 16D 19 FEMALE HEAD OF HOUSEHOLD This project assisted Female Head of Households REGARDLESS of income. Enter this number in box "5" below. BOX 1 BOX2 BOX 3 BOX4 BOX 5 Total Number of Extremely Very Low Income Female Head of Households or Low Income Low Income (51-80%) Household Persons Assisted (0-30%) (31-50%) I Subrecipient's must indicate total beneficiaries for Race AND Ethnicitv Definitions of Race: White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa. Black or African-American: A person having origins in any of the black racial groups of Africa. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam. American Indian or Alaska Native: A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment. Native Hawaiian or Other Pacific [slander: A person having origins in any of the original people of Hawaii, Guam, Samoa, or other Pacific Islands. 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 28 of29 .. ,~--",-""..,-,,_._"~_.,.__. .w,-' _la.' . . ."......~"" .,-~~~- -- "' ~_...._r._ 16D19 Definitions of Ethnicity: Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. Tabulation Table of Race and Ethnicitv Beneficiaries Race # Total # Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black! African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL: 08-PRC-0 1 009/ 2009 -2010 ARRA- HPRP AGREEMENT HUNGER AND HOMELESS COALITION Page 29 of 29 -,..".",~,."..,-",'-,,".~..~...,_., ".,,'" .,.,-~"""",*",.'_.'--",-"'~" " ,~.--_.,,~_..,,~.,,~" ~ .,-"~""" --.--