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Agenda 09/09-10/2008 Item #16D35 J- ~ \;;U;~;'l '1n..U-iI, j I C; IV: N~~E/% :~ (& b 35 '! li'~, I.__r"-~~'" Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subreciplent Agreement with Collier County Hunger and Homeless Coalition (CCHHC) for $102,154 in Continuum of Care funding to support their Homeless computer system known as Homeless Management Information System (HMIS). Prepared By: Department Housing and Human Services Date 8/21/20084:12:59 PM Approved By: Department Approval Public Services Disapproved Date 8/27/200810:00 AM Approved By: Department Approval Date /------ Housing and Human Services Approved 8/27/2008 11 :35 AM Approved By: Department Approval Public Services Disapproved Date 8/27/2008 11 :45 AM Approved By: Department Approval Date Housing and Human Services Approved 8/27/2008 11 :48 AM Approved By: Department Approval Public Services Approved Date 8/27/20083:50 PM .- Approved By: Department Approval Date r'-~ j GFI\F~ .~. '-'-r-l\l I ",.., it:> rT35 , ;,.::.) 92008 "I1c'~_rz . ]}::L.. County Disapproved Manager's Office 8/27/20084:54 PM Approved By: Department Approval Date Housing and Human Services Approved 8/27/20085:25 PM Approved By: Department Approval Public Services Approved Date 8/27/20085:30 PM Approved By: Department Approval Date County Approved Manager's Office 8/27/20086:02 PM ATTACHMENTS: Name: D ScaQlle.dC_oCHMJS .I\.llLe.e.!J1.JillLQdf D ES HMIS COC 081808.doQ Description: Type: Agreement Agreement Executive Summary Executive Summary "."";:I\i,-=::-',:--:-:;:-;:=~ r'''~-'~ ,~~I\'!lf '....r=fI" (p {) 35 If /toD3? jJ H 2U08 EXECUTIVE SUMMARyl:,~""~cc3Rb25:,",, Recommendation that the Board of County Commissioners approve, and authorize the Chairman to sign, a Subrecipient Agreement with Collier County Hunger and Homeless Coalition (CCHHC) for $102,154 in Continuum of Care funding to support their Homeless computer system known as Homeless Management Information System (HMIS). OBJECTIVE: To assist Collier County Hunger and Homeless Coalition and their clients by providing HUD Continuum of Care (CoC) funding to support HMIS operations, This Supportive Housing Program (SHP) Subrecipient Agreement for $ 102,154 will provide HMIS assistance to various homeless organizations willing to participate, as defined in the BUD approved Technical Submission. CONSIDERATION: On May 22, 2007, the Board of County Commissioners approved the submittal of a Continuum of Care Supportive Housing Program grant application to HUD requesting $443,645 in funding for homeless activities. Collier County Hunger and Homeless received funding for $] 02,] 54. The attached Subrecipient Agreement between Collier County Hunger and Homeless Coalition and Collier County will help homeless organizations implement the HMIS program as required by the Department of Housing and Urban Development (HUD). FISCAL IMP ACT: Collier County, as lead agency for the Collier County CoC, submits a competitive homeless application to HUD annually. The amount awarded by BUD for the 2007 application is $102,154 to assist with the HMIS computer operations of homeless agencies. Administrative funding in the amount of $4,983 will be shared equally between Collier County Housing and Human Services, and CCHHC. There are no general fund dollars being requested for this activity. GROWTH MANAGEMENT IMP ACT: The provision of a HMIS system is consistent with the goals and objectives of the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This agreement has been reviewed and approved by the County's Attorney's Office. - CMG RECOMMENDATION: To approve and authorize the Chairman to sign a Subrecipient Agreement between Collier County and Collier County Hunger and Homeless Coalition for $102,154 in Continuum of Care funding to support the HMIS operations, Prepared By: Margo Castorena, Grant Operations Manager Housing & Human Services Department AGREEMENT BETWEEN COLLIER COUNTY, AND THE COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLl4B70-6002, PIN FLI4121 r-- I "GEM")'\ '.....c:f1i: I l~m5 [, IL.~::"J#J~8 J THIS AGREEMENT, is entered into this day of 20_, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and Collier County Hunger and Homeless Coalition, Inc. (CCHHC) a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 279 Airport Road South, Naples, FL 34104, and its Federal Tax Identification number as 04-3610154, hereinafter referred to as "SUBRECIPIENT" effective May 1,2008. WHEREAS, Collier County has made application to the United States Department of Housing and Urban Development (HUD) for the Continuum of Care Supportive Housing Program, and entered into an agreement with the SUBRECIPIENT to act on it's behalf in the oversight and administration of the HUD Grant for the execution and implementation of a Dedicated Homeless Management Information System (HMIS), pursuant to the McKinney-Vento Homeless Assistance Act section 423(b) and (c), ~ 42USC I 1383(b) and (c). These requirements apply to projects receiving SHP funds for acquisition, rehabilitation, and/or new construction. (hereinafter "the ACT"); and WHEREAS, Pursuant to the aforesaid application CCHHC is undertaking certain activities to primarily benefit persons residing in Collier County who are homeless or at-risk-ofhomelessness; and WHEREAS, Collier County believes it to be in the public interest to provide certain activities to Collier County residents through the SUBRECIPIENT according to this agreement, the SUBRECIPIENT's intent as stated in the proposal and attached exhibits and all other terms and conditions as specified; and WHEREAS, Collier County, in accordance with the HUD Grant terms, and CCHHC desire to provide the activities specified in the HUD Grant application; and .- WHEREAS, Collier County Department of Housing and Human Services (H&HS) further agrees that it will CoC-SHP HMIS FL14B706002 Page 1 of20 1&0:5 I , ,. .1108 I I( .-e~'2.2:.~~-,..: use due diligence in supervising the SUB RECIPIENT to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, Collier County desires to engage the SUBRECIPIENT to implement such undertakings of the Homeless Management Information System Program as stated in the approved Continuum of Care (CoC)- Supportive Housing Program (SHP)application as valid and worthwhile County purposes. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the Parties as follows: ARTICLE ONE: A, DEFINITIONS DEFINITIONS AND PURPOSE (1) "COUNTY" means Collier County, and where applicable, its authorized representative(s). (2) "H&HS" means the Collier County Department of Housing and Human Services, and where applicable, its authorized representative(s), (3) "H&HS" Approval" means the written approval of the H&HS or its designee. (4) "CCHHC" means the Collier County Hunger & Homeless Coalition, Inc. and where applicable its authorized representative(s). (5) "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. (6) "SUBRECIPlENT" means Collier County Hunger and Homeless Coalition, Inc. (7) "Project" means the work contemplated to be performed as set forth in Exhibit "A", (8) "CoC" means Continuum of Care and "SHP" means Supportive Housing Program. (9) "HMIS" means Homeless Information System. B. PURPOSE The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIEN1' will implement the Scope of Services set forth in AR T1CLE TWO of this Agreement. One hundred percent (100%) of the beneficiaries of a project funded under this Agreement must be persons who are homeless or at -risk-of homelessness, ARTICLE TWO: SCOPE OF SERVICES The SUB RECIPIENT shall, in a satisfactory and proper manner, as determined by H&HS, perform the tasks .- necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement CoC-SHP HMIS FLI4B706002 Page 2 of 20 r.~ ~i=I\!.-,('~e-",r ! . .. . . . .. 1""i~1~~1 usmg ExhIbIt "B" along with the monthly submissIOn of Exhibit "C," all of whIch .thv Jff~Z<f11eretO and made a part hereof. ARTICLE THREE: TIME OF PERFORMANCE ----.., The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this project by HUD under Grant No. FL14B706002 (PIN FL14121). The effective date shall be the latest date of execution of this Agreement, and the services of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. In any., event, all services required hereunder shall be completed by the SUBRECIPIENT prior to April 30, 2009. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS A. The SUBRECIPIENT shall be reimbursed by the COUNTY for allowable costs as specified in the grant contract with HUD, in an amount not to exceed ONE HUNDRED FOUR THOUSAND SIX HUNDRED FORTY FIVE DOLLARS ($104,645.00) for the services described in Exhibit "A." of which, NINETY NINE THOUSAND SIX HUNDRED SIXTY TWO DOLLARS ($99,662,00) will go to the Collier County Hunger and Homeless Coalition with TWO THOUSAND FOUR HUNDRED NINETY TWO DOLLARS ($2,492.00) of the Oliginal amount to be retained for CCHHC grant administration. The amount of TWO THOUSAND FOUR HUNDRED NINETY ONE DOLLARS ($2,491.00) to be retained by CoIIier County for grant administration, for a total of $104,645.00. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. B. All improvements specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and federal requirements, The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be handled by the SUB RECIPIENT and monitored by the COUNTY, which shall have access to all records and documents related to the project. C. Subrecipient shall be responsible for providing match funding equal to 20% of the award amount. Subrecipient shall not seek reimbursement from the County for this match funding, ARTICLE FIVE: PAYMENTS/NOTICES A. Eligible invoiced payments made by the SUB RECIPIENT in support of this agreement will be reimbursed by H&HS. Payments will be limited to items in Exhibit "A". B. Should a project receive additional funding after the commencement of this Agreement, the SUB RECIPIENT shall notify H&HS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by H&HS or designee within forty- five (45) days of said official notification. .- C. All notices required to be given under this Agreement Shall Be sufficient when delivered to the Housing and Human Services Department at its office, presently located at 3050 N Horseshoe Drive, CoC.SHP HMIS FLI4B706002 Page 3 of20 r ~I=t-..\'-. '...,...r::rt ,~l~Ii~ \ Suite 110, Naples, Florida 34101 and to the SUBRECIPIENT when deli'l~f:dJ;{Llts=2f.m,"1lt-the address listed on page one (1) of this Agreement. - D. The SUBRECIPIENT shall submit payment requests to H&HS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's/vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice, In no event shall the H&HS provide advance funding to the SUBRECIPIENT or any other_ subcontractors/vendors hereunder. 2. For purposes of this section, originals of invoices, receipts, or other evidence of indebtedness shall be considered proper documentation. When original documents cannot be presented, the SUBRECIPIENT must adequately justify their absence, in writing, and furnish copies. 3. Upon receipt of the above enumerated documentation, and approval by the CCHHC Chair or designee, payment shall be made by H&HS. All notices required to be given under this Agreement shall be sufficient when delivered to H&HS at its office, presently located at 3050 North Horseshoe Drive, Suite 110, Naples, Florida 34104, and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. E. All disbursements by the SUBRECIPIENT must be fully documented to H&HS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. F. The SUB RECIPIENT shall render a final and complete statement to H&HS of all costs and charges for services not previously invoiced. H&HS shall not be responsible for payment of any charges, claims, or demands of the SUBRECIPIENT received after May 15, 2009. ARTICLE SIX: COMPLIANCE WITH FEDERAL RULES. REGULATIONS AND LAWS The SUBRECIPIENT agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 583.410 of the Housing and Urban Development regulations concerning the Supportive Housing Program and all federal regulations and policies issued pursuant to these regulations. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUBRECIPIENT shall permit HUD or H&HS personnel or representatives to monitor the services, which are the subject of this grant. During tlle performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable liws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUBRECIPIENT further agrees to abide by all other applicable laws, The SUBRECIPIENT shall implement this Agreement in accordance with applicable Federal, State, and County laws, ordinances and codes and with the procedures outlined in the Housing and Human Services Departments Policies and Procedures memoranda. The Federal, State, and County laws, ordinances and codes are minimal regulations supplemented by more restrictive guidelines set forth by the Housing and Human Services Department. No payments will be made until approved by the Housing and Human Services Department staff or designee. CoC.SHP HMIS FL14B706002 Page 4 of20 1. 24 CFR Part 570, as amended - The regulations Community Development Block Grant funds. (~~f\,.-,r ,.....c~~ n IhD35 SFPj [j 2008 , rj., :i i] ?,?_~~ governmg the expenditure of ,. 2. 24 CFR Part 58 - The regulations prescribing the Environmental Review procedure. 3, Executive Order 11246, as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds. 4, Title VlI of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972 - which prohibits discrimination in employment. 5. Age Discrimination Act of 1973 6. National Flood Insurance Act of 1968 7. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 8. 29 CFR Part 3 - The Copeland Anti-Kickback Act (i 8 U.S.C. 874 and 40 U.S.C. 276c), which deals with employee forfeiture of compensation by force. 9. Florida Statutes, Chapter 112 - which deals with conflict of interest. 10. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. II. 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-I02. This subpart includes 24 CFR 570,502. 12.0MB Circular A-133 - concerning annual audits. 13.0MB Circular A-122 - which identifies cost principles. ;: 14, 24 CFR Part 84 - OMB Circular A-IIO Codified in the Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals and Other Non-Profit Organizations 15. 24 CFR Part 85- OMB Circular A-I02 Codified in the Uniform Administrative Requirements for Grants and Agreements to State and Local Governments. ARTICLE SEVEN: PROJECT PUBLICITY AND GRANTEE RECOGNITION Any news release or other type of publicity pertaining to the project as stated herein must recognize the COUNTY as the recipient funded by HUD and the entity that provided funds for the project. CoC-SHP HMIS FLl4B706002 Page 5 of20 -~_...-, "-~,,-,. '--r::fl 1 , :I,~~~B~ J The SUBRECIPIENT will include a reference to the financial support herein provided by H&HS in all publications and publicity. In addition, the SUBRECIPIENT will make a good faith effort to recognize H&HS' support for all activities made possible with funds made available under this Agreement. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The H&HS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUB RECIPIENT shall maintain the following records. A, The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by H&HS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: 1. An invoice and a copy of a warranty for all items purchased and paid for under standard SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties. 3. H&HS will require audit and record keeping requirements. All records shall be in sufficient detail to pennit proper pre audit and post audit of all expenditures. B. 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 state and Collier County purchasing requirements and with other state requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD cquld conduct an audit of HMIS activities and funds. All audits coveting the use of HMIS funds shall be provided to the H&HS Grant Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the H&HS Grant Coordinator or HUD, may deem necessary. H&HS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency. The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement CoC-SHP HMIS FLl4B706002 Page 6 of20 r-- G~M"" '.....CF! /I.R D 2E qr J? 2008 - ~e~3 . or, if audit findings have not been resolved at the end ofthe three (3) year periM,".n, h'illtbe retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or H&HS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHLY REPORTS, EVALUATIONS, AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide H&HS with monthly status reports no later than the 10th of every month as shown in Exhibit C beginning the month of contract execution and final report summarizing , progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. . CCHHC will be required to submit its Annual Performance Report (APR) to H&HS by June 1,2009. 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. H&HS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by H&HS, the County, or HUD at any time. AUDITS AND INSPECTIONS At any time during normal business hours and as often as H&HS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to H&HS, the County, HUD, or the Comptroller General for examination all its records with respect to all matters covered by this Agreement. The SUBRECIPIENT agrees to comply with the provisions of the Single Audit Act of 1984, as amended, as it pertains to this Agreement and any subcontracts entered into under this Agreement. This will require the SUBRECIPIENT to submit a single audit, including any management letter, made in accordance with the general program requirements of OMB Circulars A-IIO (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing, The SUBRECIPIENT shall provide such audit to H&HS. In the event the SUBRECIPIENT anticipat~s a delay in producing such audit or audited financial statements, the SUB RECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUBRECIPIENT, In the event the SUBRECIPIENT is exempt from having an audit conducted under A-133 (Audits of State, Local Governments, and Non-Profit Organizations), the SUBRECIPIENT shall submit an attestation confirming their exemption from the single audit requirements. This attestation shall be submitted within 180 days of the end of SUBRECIPIENT reporting year. The County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUB RECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. ARTICLE ELEVEN: CONTRACTS-SUBCONTRACTS CoC-SHP HMIS FL14B706002 Page 7 of 20 --~-'l r "~'l"""'r::fI ,., . /~O~5 \ I '.,..' . '. ,';~'i lO~ ' All contracts made by the SUBRECIPIENT to carry out the activities described inl:E1<.fi~f, ~ snail ben'tade in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set forth in this Agreement. SUBCONTRACTS All contracts made by the SUB RECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or., services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Article set fOlih in this Agreement. 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 SUB RECIPIENT to Housing and Human Services Department for its review and approval, which will specifically include a determination of compliance with the terms ofthe attached Work Program set forth in Exhibit "A." This review also includes ensuring that all consultant contracts and fee schedules meet the minimum standards as required by HUD. Subcontracts for architecture, engineering, survey, and planning shall be negotiated fixed fee contracts, All additional services shall have prior written approval with suppOli documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fec Contract." 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 Housing and Human Services Department or designee. ARTICLE TWELVE: CONFLICT OF INTEREST No employee, agent, consultant, officer or elected official or appointed official of the SUBRECIPIENT who exercises or have exercised any function or responsibility with respect to HMIS activities assisted unde,r or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a HMIS assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an HMIS assisted activity or with respect to the proceed of the HMIS assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written .- amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as CoC-SHP HMIS FLI4B706002 Page 8 of 20 "Gl=,t\'~C~';'-1 SFJ~P~ , ~'.'..121J.~o"..;_i otherwise provided herein, no amendment to this Agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. ARTICLE FOURTEEN: INDEMNIFICATION To the maximum extent permitted by Florida law, HHC shall indemnify and hold harmless Collier County and its officers and employees from any and all liabilities, claims, damages, penalties, demands, judgments, actions, proceedings, losses or costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by HHC or from personal injury, , property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, . recklessness, or intentional wrongful misconduct of HHC or anyone employed by the HHC in performance ofthis Agreement. ARTICLE FIFTEEN: TERMINATION In event of termination for any of the following reasons, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, repOlis prepared, and capital equipment secured by the SUBRECIPIENT with funds under this Agreement shall be returned to H&HS 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. 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 pali by giving written notice of such termination to the other party and specifying therein the effective date of termination. 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 SUB RECIPIENT for services rcndered pursuant to this Agreement through and including the date of termination. 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. ARTICLE SIXTEEN: INSURANCE The SUBRECIPIENT shall procure and maintain adequate insurance coverage, as determined by its insurance agent through a site visit and by providing a copy of HMIS grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUB RECIPIENT and H&HS as to the need for additional insurance to cover risks associated with the project and to state CoC-SHP HMIS FL14B706002 Page 9 of20 r'~- ~l-"'\-" ,....r:r.. Ire DB-5 \ c;i' ':: 2noB . whether or not they are adequately insured within ten (10) days of signing M"tI\(?i,;~~~t. The SUBRECIPIENT at its expense must purchase additional coverage if it is so determined upon presentation of the report through the completion of the project. RIGHT TO REVIEW AND ADJUST The SUBRECIPIENT agrees that the County, by and tlu'ough its Purchasing or Risk Management Department, in cooperation with the Housing and Human Services Department, reserves the right to periodically review, modify, reject or accept any required policies of insurance, including limits, coverage's, . or endorsements, herein from time to time throughout the life of this Agreement. The County reserves the' right, but not the obligation, to review and rej ect any insurer providing coverage because of its poor financial condition or failure to operate legally. INDEPENDENT AGENT AND EMPLOYEES The SUBRECIPIENT agrees that, in all matters relating to this Agreement, it will be acting as an independent agent and that its employees are not Collier County employees and are not subject to the County provisions of the law applicable to County employees relative to employment, hours of work, rates of compensation, leave, unemployment compensation and employee benefits, ARTICLE SEVENTEEN: GRANT CLOSEOUT PROCEDURES SUB RECIPIENT obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not 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. PROGRAM-GENERATED INCOME All income earned by the SUBRECIPIENT from activities financed in whole or in part by funds provided hereunder must be reported to the Housing and Human Services Department. Such income would include, but not be limited to, income from service fees, sale of commodities, and rental or usage fees. The SUB RECIPIENT shall report its plan to utilize such income to the Housing and Human Services Department, and said plan shall require the prior written approval of the Housing and Human Services Depat1ment or designee. Accounting and disbursement of such income shall comply with OMB Circular A- 102 (Uniform Administrative Requirement for Federal Grants) and other applicable regulations incorporated herein by reference. In addition to the foregoing, Program Income, as defined by 24 CFR 570.500(a) for CDBG funds may be retained by the Agency, Program Income shall be utilized to undertake activities specified in "Exhibit A" of this Agreement, and all provisions ofthis Agreement shall apply to stated activities. Any Program Income on hand at or received by the SUBRECIPIENT or its sub-contractors after the expiration of this Agreement shall be returned to the County no later than thirty (30) days after such expiration, subject to any SUBRECIPIENT requests to utilize uncommitted funds. - EVALUATION AND MONITORING CoC-SHP HMIS FLl4B706002 Page 10 of20 r- 'Gt='f\!'"'!'"\ '......'=~' I~ [) 2> r:; (>"C',' ) ',' ')OOD ,,~"',' " II ,.c j~i!K73 The SUBRECIPIENT agrees that the Housing and Human Services Depaltment wilCcarry out perlOdlcc", monitoring and evaluation activities as determined necessary by Housing and Human Services Department or the County and that the continuation of this Agreement is dependent upon satisfactory evaluation conclusions based on the terms of this Agreement, comparisons of planned versus actual progress relating to project scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the Housing and Human Services Department, the County or the County's designees and make copies or transcriptions of such records and information, as is determined necessary by Housing and Human Services Department or the County. The SUBRECIPIENT shall, upon the request of the Housing and Human Services Department, submit information and status reports required by Housing and Human Services Department the County or HUD on forms approved by Housing and Human Services Department to enable Housing and Human Services Department to evaluate said progress and to allow for completion of r~ required of Housing and Human Services Department by HUD. The SUB RECIPIENT shall allow Housing and Human SerVices Department staff or HUD to monitor the SUBRECIPIENT on site, Such site visits may be scheduled or unscheduled as determined by the Housing and Human Services Department or HUD. ARTICLE EIGHTEEN: DRUG-FREE WORKPLACE REOUlREMENTS The SUBRECIPIENT, as a condition of being awarded, must certify that they will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988 (42 U,S,C. 701) and with HUD's rules at 24 CFR Part 24, subpart F. ARTICLE NINETEEN: CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief, that: I, 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 su~mit 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 subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative Agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. ARTICLE TWENTY: ENVIRONMENTAL CONDITIONS AIR AND WATER CoC-SHP HMIS FL14B706002 Page II of20 ,... ~~p..",-, '-'7" ife D35 . . ., .;nnR I The SUBRECIPIENT, as Subrecipient, agrees to comply with the following'requi~J~~~~ofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S.c., 7401,etseq. 2. Federal Water Pollution Control Act, as amended, 33 U.S,c. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308 (EP A) regulations pursuant to 40 C.F.R., Part 50, as amended. FLOOD DISASTER PROTECTION In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4001), the Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. LEAD-BASED PAINT The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this contract shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, 24 CFR Part 25 and 24 CFR part 92.355. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead- based paint poisoning and the advisability and availability of blood lead level screening for children under seven, The notice should also point out that iflead-based paint is found on the property, abatement measures might be undertaken. HISTORIC PRESERVATION The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historical Properties, insofar as they apply to the performance of the Contract. In general, concurrence from the State Historic Preservation Officer is required for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included, on a Federal, state, or local historic property list. - ARTICLE TWENTY-ONE: MISCELLANEOUS (a) SEVERABILITY OF PROVISIONS If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. CoC-SHP HMIS FLl4B706002 Page 12 of20 (b) REVERSION OF ASSETS r- .-. G~~l'-'-' ,.....c"" 1 ,~~{. (o)~?o8 I i(.LfLF/;Z~22 . . Upon expiration of the Agreement, the SUBRECIPIENT shall transfer to the COUNTY any CDBG funds on hand at the time of expiration, any accounts receivable attributable to the use of CDBG funds, and any non- expendable personal property that was purchased with CDBG funds. Any real property under SUBRECIPIENT control that was acquired or improved in whole or in part with CDBG funds will be covered by the regulations 24 CFR Part 570.503(B)(8). (c) CONDITIONS FOR RELIGIOUS ORGANIZATIONS CDBG funds may not be used for religious activities or provided to primarily religious organizations. 24 CFR 570.200(j) specifies the limitations on CDBG funds, and is herein incorporated by reference. (d) COUNTERP ARTS OF THE AGREEMENT This Agreement, consisting of twenty-one (21) 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. (e) WAIVER The SUBRECIPIENT will not waive any of the duties and obligations under the contract without the express written consent ofHHS. (f): SALES TAX INDEMNIFICATION The State of Florida requires payment of sales tax on the transfer of tangible personal property. HHS will provide a resale certificate to be completed by the SUBRECIPlENT whereby SUB RECIPIENT represents and warrants that it has filed for and received an exemption from Florida Department of State for sales taxes. The SUBRECIPlENT further agrees to indemnify and hold harmless the COUNTY and/or HHS from any and all taxes, penalties, and interest, professional fees associated with the collection of any sales tax under the COC-SHP grant. (g) 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- 102, A-122, 24 CFR Part 84, and 24 CFR Part 85, which are incorporated herein by reference. ' (11) PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior written approval of H&HS or designee in order to be eligible for reimbursement. a) All subcontracts and agreements proposed to be entered into by the SUBRECIPlENT pursuant to this Agreement; (b) All capital equipment expenditures of$I,OOO or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter 112.061); CoC-SHP HMIS FLl4B706002 Page 13 of 20 I :l iP/2 ~~' \ (D) All requests to utilize uncommitted funds after the expiration of this agreei\1~nt~~"<<sdribed in Exhibit A, and (E) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living, ,- . r::1-1\1-'-, "" (i) NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent ofHHS and HUD. U) HEADINGS All articles and descriptive headings of paragraphs in this Agreement are inserted for convenience only and shall not affect the construction or interpretation hereof. CoC-SHP HMIS FLl4B706002 Page 14 of20 r ENTIRE UNDERSTANDING 1 I IE; !J35 ii SFP J lJ 2008 J ' ~,..)11J2b . ... ~~~r, - '.....,r:: ~, This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS THEREOF, the parties hereto have caused this 2.Q.page agreement to be executed by their undersigned officials as duly authorized effective the I st day of May, 2008. COLLIER COUNTY HUNGER & HOMELESS COALITION BY: ~~~ DEB MAHR, EXECUTIVE DIRECTOR (SUBRECIPIENT SEAL) ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: BY Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: ~o~~ Assistant County Attorney CoC-SHP HMIS FL14B706002 Page 15 of20 EXHIBIT "A" (~~t>.l'-. .....r::~~ / tR [/'35 2008 "j!LIJ23. SCOPE OF SERVICES COLLIER COUNTY HUNGER AND HOMELESS COALITION (RENEWAL OF EXPANSION HMIS) I. THE SUBREClPIENT AGREES TO: A, PROJECT SCOPE: The purpose of this project is to support future participation and inclusion into the HMIS system to improve the sharing of data to effectively reduce and eliminate homelessness, streamline resources, and to improve the overall continuum of care within Collier County, The purpose of the CCHHC is to implement and fulfill HUD'S requirement of having a functional HMIS system by October, 2004, This system will allow Collier County agencies who service the public, easier access with each other on a day to day basis, and in turn provide more efficient service to the residents of Collier County. The SUBRECIPIENT agrees that H&HS, in consultation with any parties H&HS deems necessary, shall be the final arbiter on the SUBRECIPIENT's compliance with the above. Prior to expenditure of grant funds, the SUB RECIPIENT will provide H&HS with a detailed line item budget and budget narrative indicating how the grant funds will be expended; and On or before first request for reimbursement, the SUBRECIPIENT will provide H&HS with a timeline indicating all information pertaining to the system administrator and the purchasing of system soft and hardware. B. PROFESSIONAL SERVICES: The procurement process of the consultant shall also incorporate any sub-consultants, which shall be funded as reimbursable under the consultant's contract for services, Reimbursement for sub- consultants shall be at cost. Such sub-consultants may include surveyors, testing services, or others as deemed necessary for the nature of the project. H&HS approval is required prior to entering into a contract with the consultant. C. BUDGET: Line Item: HMIS Funds $99,662.00 Other: $24,916.00 (MATCH) Purchase of equipment and supplies including software, hardware, programming, training, technical assistance, salary for the HMIS system administrator, HMIS Space and Operational costs, perso1111el, and services. Grant Administration TOTAL Project Budget w/Match $ 2.492.00 $102,154.00 $127,070.00 - CoC-SHP HMIS FLl4B706002 Page 16 of20 ~ ~I-td'-' .....r::1I 1 , s~l ~ ffoo~ J . '-0, .?O ~ ~.? _ *Per COC application requirements, the subrecipient is responsible for match c6hTnoul1ons. Match~- documentation must be submitted to H&HS prior to any expenditure of grant funds, * 0, STAFFING: Provide list of staff and time commitments to be allocated to each activity specified in B (Project Scope) and C (Budget) above, if applicable. Names of staff and contact information of staff responsible for grant and reporting must be submitted. E. FORMER PROJECTS: Failure to adequately maintain any former HUD funded projects may result . in the delay of processing reimbursement requests for ongoing activities or in the forfeiture of future 'c HUD Grant funds, F. WORK SCHEDULE: The time frame for completion of the outlined activities shall be: Purchase of equipment, including software, hardware, Programming, training, technical assistance, salary For the HMIS system administrator, HMIS space And Operational costs, personnel, and services. 50% of Funding Expended 100% of Funding Expended December 31, 2008 April 30, 2009 G. REPORTS: The SUBRECIPIENT shall submit detailed monthly progress reports to the H&HS Grant Coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUB RECIPIENT is reimbursed with HMIS funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for H&HS approval of invoices, etc. for reimbursement. CCHHC will be required to submit its Annual Performance Report (APR) to H&HS by June 1,2009, CoC-SHP HMIS FLl4B706002 Page 17 of20 .- ~ r:::~M"-' .......r.:.~--l i ,lIP D35 \ COLLIER COUNTY :;~;~~~ ':n GRANTS SECTI~N2,c:~_il~B . J REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier Countv Hunger and Homeless Coalition Subrecipient Address: 279 Airport Road South Naples. FL 34104 Expansion of Renewal HMIS 2007-2008 Project Name: Project No: FL14B706002 PIN # FL14l21 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount A warded $ $ $102.154.00 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum afPast Claims Paid on this Account 5. Amount of Today' s Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all Requests) $ $ $ 4. Amount of Previous Unpaid Requests $ I certify that this request for payment has been drawn in accordance with the tenus and conditions of the Agreement between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of current needs. By signing this request I'm assuring that all of the work has been completed to this organizations satisfaction. Signature Date Title Authorizing Grant Coordinator Supervisor Dept Director (approval authority under $14,999) (approval required $15,000 and above) CoC.SHP HMIS FL14B706002 Page 18 of20 "G~~!'-" ,.....r::f\ 1 EXHIBIT "C" Ju f) ?:5 c'F" 'I Q 7000 ,,\;\ ,J-' '-/ .r' l~ l!'~o~~3 CDBG MONTHLY PROGRESS REPORT Complete form for past month and submit to the Department of Housing and Human Services NO LA TER THAN the 10''' of the following month. Status Report for Month of Submittal Date: Project Name: Expansion of Renewal HMIS 2007-2008 Project Number: FLl4B706002 PIN Number: FLl4121 Subrecipient: CoJlier Countv Hunger and Homeless Coalition Contact Person: Telephone: Fax: E-mail: 1. Activity Status/Milestones (describe any action taken, relating to this proj ect, during the past month): 2. What events/actions are scheduled for the next two months? 3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach any recent media coverage of your organization relating to this project. 4. List any additional data relevant to the outcome measures listed on the application for this project. 5. Identify any potential issues that may cause delay. 6. Progress on Completion ofthe Grant Activity (s): CoC-SHP HMIS FL14B706002 Page 19 of20 O;.....f'.V-' '....1".:':1\ ,;:l~ P;iWOr l' ,....1-jihk3.. For each funded activity, provide a concise written narrative that compares work accoll1pli;l1ed t~-- versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any delays in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by December 31,2008. Should any activity be identified as facing the likelihood of NOT BEING COMPLETED BY APRIL 30,2009, report on the activity, the cause, and corrective actions (amendment to reduce grant award, return of funds, or identification of other uses that could be completed by April 30, 2009 etc.). - CoC.SHP HMIS FLl4B706002 Page 20 of 20