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Agenda 09/09-10/2008 Item #16F(2)F I (p Pd.-+:- EXECUTIVE SUMMARY / Z:~, N;:I/-9ii:, :,8' --,-I' I Pg_ 1 o+,;).,?:> ~-~-" Recommendation that the Board of County Commissioners approves, and' ~ . authorizes the Chairman to sign, a Subrecipient Agreement with Shelter for Abused Women & Children, Inc. for $113,00 in Continuum of Care funding to support the shelter operations and supportive services. OBJECTIVE: To assist the Shelter for Abused Women & Children and their clients by providing HUD Continuum of Care (CoC)funding to support operations and supportive services for the Shelter. This Supportive Housing Program (SHP) Subrecipient Agreement for $113,000 will provide the Shelter for Abused Women & Children with funding for salaries, utilities; insurance and maintenance, as defined in the HUD 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 two (2) homeless activities. In early 2008, the County was notified that the Shelter for Abused Women and Children and The Homeless Management Information System has received combined funding in the amount of $217, 645. The grant amount for the Shelter for Abused Women and Children is $113,000. The attached Subrecipient Agreement between the Shelter for Abused Women and Children (SA WCC) and Collier County will implement this homeless grant award. ( Approval of this Agreement by the County manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Collier County, as the Lead Agency for Continuum of Care, submits a competitive homeless application to HUD annually. This award for the Shelter for Abused Women and Children will assist with operations and supportive services provided by the domestic violence shelter. No administrative funding is attached to this pass through grant. No general fund dollars are being requested for this activity. GROWTH MANAGEMENT IMPACT: The provision of emergency shelter and housing is consistent with the goals and objectives of the Housing Element of the Growth Management Plan. LEGAL CONSIDERATIONS: These agreements have been reviewed and approved by the County Attorney's Office. They are legally sufficient for Board action. The County Manager may execute these agreements in the Board's absence pursuant Resolution No. 2000-149. RECOMMENDATION: To approve and authorize the Chairman to sign a Subrecipient Agreement between Collier County and the Shelter for Abused Women & Children, Inc. for $113,000 in Continuum of Care funding to support the shelter's operations and supportive services. Prepared By: Margo Castorena, Grant Operations Manager Housing & Human Services Department 1&Pj!JA~lFJ1t SEP 0 D 20[l.Q I Pg &. 6+CJ3 ....- ===-.-, Recommendation that the Board of County Commissioners approves, and authorizes the .' '. .. Chairman to sign, a Subrecipient Agreement with Shelter for Abused Women &amp; Children, Inc, for $113,00 in Continuum of Care funding to support the shelter operations and supportive services. Prepared By: Department Housing and Human Services Date 8/21/20084:09:58 PM Approved By: Department Approval Pubiic Services Approved Date 8/22/20089:00 AM Approved By: Department Approval Date ( County Approved Manager's Office 8/26/20082:36 PM ATTACHMENTS: Name: [l EX SUM FOR SAWCC coe final.doc CJ Scanned coe SAWCC Aareement.Ddf Description: Type: Executive Summary Cover Memo Agreement Cover Memo TEIii-j" SEP (), ?ww Pg 3_~+-~?y SA WCC, INC. (SHELTER FOR ABUSED WOMEN & CHILDRE~) ~." .. O=C=." SUPPORTIVE HOUSING PROGRAM SUPPORTIVE SERVICES and OPERATING COSTS Catalog of Federal Domestic Assistance # 14.235 HUD Grant # FLl4B70.600l, PIN FLl4l52 AGREEMENT BETWEEN COLLIER COUNTY AND 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 the SA WCC, INC. (Shelter for Abused Women & Children), a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102 Naples, FL 34101, and its Federal Tax Identification number as 59-2752895, 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 Housing and Human Services and Supportive Services for SA WCC, Inc., pursuant to the McKinney-Vento Homeless Assistance Act section 423(b) and (c), S 42USC l1383(b) and (c). These requirements apply to projects receiving COC-SHP funds for acquisition, rehabilitation, and/or new construction, Supportive Services and Operating Expenses and other eligible COC-SHP activities. (hereinafter "the ACT"); and WHEREAS, Pursuant to the aforesaid application the SUB RECIPIENT is undertaking celtain 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 SUBREClPIENT'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 SA WCC, Inc. desire to provide -- l Shelter for Abused Women & Children, Inc, (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 1 of21 F;;2F N~GENDA ITEM-' SqEP 0 ~ ?[lnn I L Pg---..- ot d.3 .1 - . '--... -~ I I -, the activities specified in the HUD Grant application; and WHEREAS, Collier County further agrees that it will use due diligence in supervising the SUBRECIPIENT to assure that funds are expended for the purposes intended and that a full accounting for these grants is made; and WHEREAS, Collier County desires to engage the SUBRECIPIENT to implement such undertakings as Supportive Services and Operating Expenses for the residents of SA WCC, Inc. as stated in the approved Supportive Housing Program (COC-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: DEFINITIONS AND PURPOSE ARTICLE ONE: A. DEFINITIONS C'- (1) (2) (3) (4) (5) (6) (7) (8) "COUNTY" means Collier County, and where applicable, its authorized representative(s). "HHS" means the Collier County Housing and Human Services, and where applicable, it's authorized representative(s). "HHS" Approval" means the written approval of the Housing and Human Services Department or its designee "SA WCC", Inc." means the Shelter for Abused Women & Children, Inc. and where applicable its authorized representative(s). "HUD" means the Secretary of the U.S. Department of Housing and Urban Development or a person authorized to act on its behalf. "SUBRECIPIENT" means Shelter for Abused Women & Children, Inc. "Project" means the work contemplated to be performed as set fOlih in Exhibit "A". "COC-SHP" means Continuum of Care- Supportive Housing Program. B. PURPOSE The purpose ofthis Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Scope of Services set forth in ARTICLE 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 Shelter for Abused Women & Children, Inc. (SA WCe) FLl4B07-600I CoC-SHP Renewal Grant Page 2 of2l SEP 0;; 2[10;; / L-Pfl~i?3- ;;J-:3 The SUBRECIPIENT shall, in a satisfactory and proper manner, as determined by HHS, perform tne r~-~ necessary to conduct the program outlined in Exhibit "A," and shall submit each request for reimbursement using Exhibit "B" along with the monthly submission of Exhibit "C," all of which are attached hereto and made a part hereof. ARTICLE THREE: TIME OF PERFORMANCE The effective date of this Agreement and all rights and duties designated hereunder are contingent upon the timely release of funds for this renewal project by HUD under Grant No. FL14B70-600l (PIN FL14l52). 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 undertaken by the SUBRECIPIENT prior to April 30, 2009. Any funds not obligated by the expiration date ofthis Agreement shall automatically revert to the COUNTY. ARTICLE FOUR: CONSIDERATION AND LIMITATION OF COSTS 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 THIRTEEN THOUSAND DOLLARS AND 00 CENTS ($113,000) for the services described in Exhibit "A." Of which, $56,500 (FIFTY SIX THOUSAND FIVE HUNDRED DOLLARS) will go to Supportive Services, and $56,500 (FIFTY SIX THOUSAND FIVE HUNDRED DOLLARS) will go towards Operating Expenses. In the event the project costs exceed the stated amount, the SUBRECIPIENT shall be responsible for the excess. A. ( CoC FL 14B70-6001 SAWCC SUDDortlve Services . Transitional living Advocate . 1 FTE, Salary, Benefits and Taxes CoC Allocation $113,000 $ 56,500.00 Ooeratina EXDenses . Maintenance/Repair . Staff (Facility Manager, 40% of $46,185 salary and benefits) . Utilities . Supplies . Insurance $ 56,500.00 . Furnishings for Shelter PROJECT TOTAL $ 113,000.00 B, Contracting activities specified in Exhibit "A" shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding under the County's Purchasing Policy and the Procurement Administration Procedures and federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest responsive and responsible bidder. Contract administration shall be- Shelter for Abused Women & Children, Inc. (SAWCC) FL14B07-600l CoC-SHP Renewal Grant Page 3 of2l handled by the SUB RECIPIENT and monitored by the COUNTY, which shal. records and documents related to the project. SEP () 'I 200A . ~e access to all ~ f- ; '~'-'" ..' . \ . ......-;;;>-4 C. Subrecipient shall be responsible for providing match funding as required by HUD. Match funding of 25% is required for Supportive Services and 20% for Operating Services as required by HUD, Subrecipient shall not seek reimbursement from the County for this match funding. ARTICLE FIVE: PA YMENTS/NOTICES A, Eligible invoiced payments made by the SUBRECIPIENT in support of this agreement will be reimbursed by HHS, Payments will be limited to items in Exhibit "A". B. Should a project receive additional funding after the commencement of this Agreement, the SUBRECIPIENT shall notify HHS in writing within thirty (30) days of receiving notification from the funding source and submit a cost allocation plan for approval by HHS 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, Suite 110, Naples, Florida 34101 and to the SUBRECIPIENT when delivered to its office at the address listed on page one (1) of this Agreement. ( D. The SUBRECIPIENT shall submit payment requests to HHS using the cover sheet in Exhibit "B," which is attached hereto and made a part hereof. These requests will only be approved if: 1. The contractor's/vendors request for payment has been reviewed and approved by the SUBRECIPIENT as stated on the Certificate of Payment and the attached original invoice. In no event shall HHS provide advance funding to the SUBRECIPIENT or any other subcontractors/vendors hereunder. 2. For purposes of this section, originals or copies 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 Executive Director or Director of Finance and Business, payment shall be made by HHS. All notices required to be given under this Agreement shall be sufficient when delivered to HHS 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 HHS so as to be available, on request, for inspection or audit in accordance with the provisions of ARTICLE Nine herein below. Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 4 of2l ~~E~AjT~l v . SEP 0 S tOr'M (~t- .3 P F. The SUB RECIPIENT shall render a final and complete statement to HHS of all . services not previously invoiced. HHS shall not be responsible for payment of any charges, claims, or demands ofthe SUBRECIPIENT received after May IS, 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 SUB RECIPIENT further._ agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available for specified activities. The SUB RECIPIENT shall permit HUD or HHS personnel or representatives to monitor the services, which are the subject ofthis grant. During the performance of the Agreement, the SUBRECIPIENT agrees to comply with any applicable laws, regulations and orders listed below which by reference are incorporated and made a part hereof. The SUB RECIPIENT 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. ( 1. 24 CFR Part 570, as amended - The regulations governing the expenditure of Community Development Block Grant funds. 2. 24 CFR Part 58 - The regulations presclibing 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 VII 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. Shelter for Abused Women & Children, Inc. (SA WCC) FLl4B07-600l CoC-SHP Renewal Grant Page 5 of 21 N~~ENDA ITEI~J-' SEP~tf if LPg ~ cd d- ~ -- ~:-~- 9. Florida Statutes, Chapter 112 - which deals with conflict of interest. 10. HUD - required reports, circulars, and procedures, such as the Grantee Performance Report. 11 , 24 CFR 570, Subpart J - regulations covering standard Granted Administration Procedures. These replace OMB Circular A-102. This subpart includes 24 CFR 570.502. 12.0MB Circular A-l33 - concerning annual audits. 13.0MB Circular A-122 - which identifies cost principles. 14. 24 CFR Part 84 - OMB Circular A-110 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-102 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, as the entity that provided funds for the project. The SUBRECIPIENT will include a reference to the financial support herein provided by HHS in all publications and publicity, In addition, the SUBREClPIENT will make a good faith effort to recognize HHS' support for all activities made possible with funds made available under this Agreement. ARTICLE EIGHT: MANAGEMENT ASSISTANCE The HHS Grant Coordinator will be available to the SUBRECIPIENT to provide guidance on HUD requirements. ARTICLE NINE: MAINTENANCE OF RECORDS The SUBRECIPIENT shall maintain the following records. A. The SUBRECIPIENT shall maintain such records, accounts, property records, and personnel records, as are deemed necessary by HHS to assure proper accounting of project funds and compliance with the provisions of this Agreement. The SUBRECIPIENT shall maintain all necessary financial records as required by HUD Regulations and shall maintain the following financial records: Shelter for Abused Women & Children, Inc. (SA WCe) FLl4B07-600l CoC-SHP Renewal Grant Page 6 of2l I ~i~N~fJ~~ I ~~C'~ .-~--.I 1. An invoice and a copy of a wan'anty for all items purchased and paid for under standard . '-" . SUBRECIPIENT procedures. 2. The current, prevailing Agreement, all project contracts and corresponding billings and copies of warranties, 3. HHS will require audit and record keeping requirements. All records shall be in sufficient detail to permit proper pre audit and post audit of all expenditures. B. 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 purchasing requirements and with other state requirements for grant implementation. C. The SUBRECIPIENT shall maintain project records and financial information so that HUD could conduct an audit of SA WCC, Inc. Continuum of Care-Supportive Housing Program (COC-SHP) activities and funds. All audits covering the use of Supportive Housing Program funds shall be provided to the HHS Coordinator. Reimbursement will be contingent upon the timely receipt of complete and accurate reports required by this Agreement and on the resolution of monitoring or audit findings identified pursuant to this Agreement. ( D. All records and contracts of whatever nature required by this Agreement shall be available for audit, inspection or copying at any time during normal business hours and as often as the HHS Coordinator or HUD, may deem necessary. HHS shall have the right to obtain and inspect any audit pertaining to the performance of this Agreement made by any local, state or federal agency, The SUBRECIPIENT shall retain all of its records and supporting documentation applicable to the Agreement for a period of not less than three (3) years after the starting date of this HUD Agreement or, if audit findings have not been resolved at the end of the three (3) year period, the records shall be retained until resolution of the audit findings. Federal auditors and any person duly authorized by HUD or HHS shall have the right to examine any of the said materials at any time during regular business hours. ARTICLE TEN: MONTHL Y REPORTS. EVALUATIONS. AUDITS AND INSPECTIONS The SUBRECIPIENT agrees to provide HHS with monthly status reports no later than the 10th of evelY month as shown in Exhibit C beginning with the COC-SHP operating year and final report summarizing progress, timetables, and financial information for monitoring and evaluating all aspects of project activities. SAWCC will be required to submit its Annual Performance Report (APR) to HHS by June 1, 2009. Reimbursement will be contingent on the timely receipt of complete and accurate reports required by HHS. HHS shall have the right under this Agreement to suspend or terminate reimbursement until the SUBRECIPIENT complies with any additional conditions that may be imposed by HHS, the County, or HUD at any time. Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 7 of2l AUDITS AND INSPECTIONS N~GENDA ITEM--- : 6lr/:; ;?F I t-!,g~..4~ti; 3...! At any time during nOlmal business hours and as often as HHS, the County, HUD, or the Comptroller General of the United States may deem necessary, there shall be made available by the SUBRECIPIENT to HHS, 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' SUB RECIPIENT to submit a single audit, induding any management letter, made in accordance with the general program requirements of OMB Circulars A-II 0 (Uniform Administrative Requirement for Federal Grants), A-122 (Cost Principles for Non-Profit Organizations), A-133 (Audits of State, Local Governments, and Non-Profit Organizations), and other applicable regulations within one hundred and eighty (180) days after the end of any fiscal year covered by this agreement in which Federal funds from all sources are expended. Said audit shall be made by a Certified Public Accountant of the SUBRECIPIENT's choosing. The SUBRECIPIENT shall provide such audit to the County. In the event the SUBRECIPIENT anticipates a delay in producing such audit or audited financial statements, the SUBRECIPIENT shall request an extension in advance of the deadline. The cost of said audit shall be borne by the SUB RECIPIENT. In the event the SUBRECIPIENT is exempt from having an audit conducted under A-I33 (Audits of State, Local Governments, and Non-Profit Organizations), the County reserves the right to require submission of audited financial statements and/or to conduct a "limited scope audit" of the SUBRECIPIENT as defined in A-133. The County will be responsible for providing technical assistance to the SUBRECIPIENT, as deemed necessary by the County. \ ARTICLE ELEVEN: CONTRACTS-SUBCONTRACTS All contracts made by the SUBRECIPIENT to carry out the activities described in Exhibit "A" shall be made in accordance with all applicable laws, rules and regulations stipulated in this Agreement. Any work or services subcontracted hereunder shall be specified by written contract or Agreement and shall be subject to each Alticle set forth 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 SUBRECIPIENT to Housing and Huinan 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 support documentation detailing categories of persons performing work plus hourly rates including benefits, number of drawings required, and all items that justify the "Fixed Fee Contract." Reimbursements for such services will be made at SUBRECIPIENT cost. Shelter for Abused Women & Children, Inc. (SA WCC) FL14B07-600I CoC-SHP Renewal Grant Page 8 of2l NAGENDA ITEi(j--; It; ;::;,L f- I I PfI_ Ej t"o/:; 3 : ~-,-,. ... . ..~~~.-.""'--=:..."-."\ _. 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 SUB RECIPIENT who exercises or have exercised any function or responsibility with respect to (COC-SHP) activities assisted,. under or who are in the position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a COC-SHP assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to an COC-SHP assisted activity or with respect to the proceed of the COC-SHP assisted activity, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. ARTICLE THIRTEEN: AMENDMENTS The County may, at its discretion, amend this Agreement to conform to changes required by Federal, State, County, or HUD guidelines, directives, and objectives. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of Collier County. Except as otherwise provided herein, no amendment to this agreement shall be binding on either party unless in writing, approved by the County and signed by each Party's authorized representatives. 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. co. ARTICLE FOURTEEN: INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT 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 the SUBRECIPIENT or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the SUBRECIPIENT or anyone employed by the SUBRECIPIENT in performance of this 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, 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 SUB RECIPIENT 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 SUB RECIPIENT, and the COUNTY may withhold any payment to the SUB RECIPIENT for set-off purposes until such time as the exact amount of damages due to the COUNTY from the SUBRECIPIENT is detelmined. TERMINATION FOR CAUSE Shelter for Abused Women & Children, Inc. (SAWCC) FL14B07-600l CoC-SHP Renewal Grant Page 9 of21 N~.slGfjEN~.A;TE~V;'. i: i\.~ 1nrlq \..1 ,J Lt!" .1 Pg__ (a b f d-.}> -... . "-'-~., . ... -' If through any cause either party shall fail to fulfill in timely and proper manner its obligations und~r 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. 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. TERMINATION DUE TO CESSATION In the event the grant to the County under Title I ofthe 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 COC,SHP grant application and the scope of the project in Exhibit A. The insurance agent is to assess the risks and provide a report to the SUBRECIPIENT and HHS as to the need for additional insurance to cover risks associated with the project and to state whether or not they are adequately insured within ten (10) days of signing of this agreement. The SUB RECIPIENT, 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 SUBREClPIENT agrees that the County, by and through 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 reject 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- Shelter for Abused Women & Children, Inc. (SAWCC) FL14B07-600l CoC-SHP Renewal Grant Page 10 of 21 N~GENDA liE{~f-- 77n--r:-;J-- ~ S ;HM c, i; 2. f!fp, i Pg (3 0 t--d ~:-,~,"::':::,"""~:---::-=-:...~ 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 SUBREClPIENT 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 Department 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 of this 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 ( The SUBRECIPIENT agrees that the Housing and Human Services Department will carry out periodic 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 reports required of Housing and Human Services Department by HUD. The SUBRECIPIENT shall allow HOllsing 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. - Shelter for Abused Women & Children, Inc. (SA WCC) FL14B07-600l CoC-SHP Renewal Grant Page 11 of2l .- ARTICLE EIGHTEEN: DRUG-FREE WORKPLACE REOUIREMENTS N~'~. .~..N. D...~_~TEi\.f.-.I. . SEP1l'p!lfl'p I P'ii~LU' ~-~.>iq ~-F';;i ~ 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: 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 rmdersigned 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 SUBRECIPlENTS shall certify and disclose accordingly. ARTICLE TWENTY: ENVIRONMENTAL CONDITIONS AIR AND WATER The SUBRECIPIENT, as Subrecipient, agrees to comply with the following requirements insofar as they apply to the performance of the Contract: 1. Clean Air Act, 41 U.S,C., 7401, et seq. 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 (EPA) 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 Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 12 of21 appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, w requirement and/or reduce the cost of said flood insurance. N~~IJfi~i;~-- . SEP I)" "f'"1 1,/ tl {.l,/'"' . c~Y:Jl).js i -'---~; [ )0+ .;L2, 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 thaL 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 if lead-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. (b) REVERSION OF ASSETS 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 uhder 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) COUNTERPARTS OF THE AGREEMENT - Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 13 of2l NAO GENOA ITE:\j-- . . . . .. ,Pg~~t?-l ThIS Agreement, conslstmg of twenty-one (21) enumerated pages, whIch mclude the exhIbIts refereneelF--' 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 SUBRECIPIENT whereby SUBRECIPIENT represents and warrants that it has filed for and received an exemption fi'om Florida Department of State for sales taxes. The SUBRECIPIENT further agrees to indemnify and hold harmless the COUNTY and/or HHS from any and all taxes, penalties, 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. (~ (h) PRIOR WRITTEN APPROVALS-SUMMARY The following activities require the prior wl1tten approval of HHS or designee in order to be eligible for reimbursement. (a) All subcontracts and agreements proposed to be entered into by the SUBRECIPIENT pursuant to this Agreement; (b) All capital equipment expenditures of$l,OOO or more; (c) All out-of-town travel; (travel shall be reimbursed in accordance with Florida Statutes, Chapter l12.061); (D) All requests to utilize uncommitted funds after the expiration of this agreement for programs described in Exhibit A, and (E) All rates of pay and pay increases paid out of CDBG funds, whether for merit or cost of living. (i) NON-ASSIGNABILITY The SUBRECIPIENT may not assign this Agreement without the prior written consent ofHHS and HUD. OJ 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. - Shelter for Abused Women & Children, Inc. (SA WCC) FLl4B07-600l CoC-SHP Renewal Grant Page 14 of2l N~GENDA ITfjii--. /Sfl; ;C' ~J(F ! Il~y~~1: _i) ~~~, ENTIRE UNDERSTANDING This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and constitutes the entire understanding. The parties hereby acknowledge that there have been and are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. IN WITNESS THEREOF, the parties hereto have caused this fuage agreement to be executed by their undersigned officials as duly authorized effective the 1st day of May, 2008. BY: SAWCC, INC. (SHELTER FOR ABUSED WOMEN & CHILDREN) /~~ LINDA OBERHAUS, 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: ('~P~~OM / -Eo'f1een Gre e Assistant County Attorney -- ShelteT for Abused Women & Children, Inc. (SAWCC) FL14B07-600I CoC-SHP Renewal Grant Page 15 of21 N~!:1Eift --, SEP\ ![Ir,.\' / fk~L8_ _.:>.f~-5 -'--:----_.~O EXHIBIT "A" SCOPE OF SERVICES SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SA WCC) CONTINUUM OF CARE (CoC) SUPPORTIVE SERVICES AND OPERATING COSTS L THE SUBRECIPIENT AGREES TO: A. PROJECT SCOPE: The purpose of this project is to support the Shelter for Abused Women and Children (SA WCC, INC.) by providing funding for Supportive Services and Operating Cost activities and addressing the needs of Domestic Violence Victims and their Children including costs associated with staff salaries, maintenance, equipment, supplies, insurance and furnishings. B. PROFESSIONAL SERVICES: The SUBRECIPIENT further agrees that HHS, in consultation with any parties HHS deems necessary, shall (- be the final arbiter on the SUBRECIPIENT's compliance with the above. 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. HHS approval is required prior to entering into a contract with the consultant. The Subrecipient will be responsible for the following: The SUBRECIPIENT shall submit to Housing & Human Services a certification that all households meet income qualification and residency requirements prior to services. The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U,S. Department of Housing and Urban Development (HUD). If documents are not receiyed, requests for payments cannot be processed. The creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines, Participant Selection: I, The anticipated annual household income of the participant shall be verified and not exceed the income limits as mandated by the U.S. Department of Housing and Urban Development (HUD). 2, The SUBRECIPIENT shall submit its forms/documents for income eligibility determination to Housing_ and Human Services and obtain a letter of approval prior to administrating the project. Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 16 of2l N~~ENDA ITE/\J- Z:1~;;1 3 The SUBRECIPIENT shall submit its federally funded bid and contracting process information.~~' C. ONE YEAR BUDGET: Line Item: Supportive Services COC-SHP Funds $56,500 Other Resources $ 14,125 (Applicant 25% Cash Match) (Transitional Living Advocate, 1 FTE, salary, benefits, and taxes) Operating EXDenses $56,500 $ 14,125. (Applicant 25% Cash Match) (Maintenance, repair, staff-Facility Manager, Utilities, equipment, supplies, insurance, furnishings) Total CoC-SHP grant $113,000.00 Total Match Funds $25,425.00 (Proof of Match to be submitted to HHS Prior to 1 st request for payment) (- SA WCC, 1nc. shall provide HHS with a copy of the current annual budget as it relates to Operations and Support Services prior to entering into this agreement. *Per CoC application requirements, the subrecipient is responsible for match contributions. Match documentation must be submitted to HHS prior to any expenditure of grant funds. * D. 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 HUD Grant funds. F. WORK SCHEDULE: HUD COC-SHP Grant funds to be expended 50% of Funding Expended 100% of Funding Expended March 31, 2009 September 9, 2009 G. REPORTS: Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 17 of 21 N~~-; L~}~pr;t!fiJ --<-"".5 The SUBRECIPIENT shall submit detailed monthly progress reports to the HHS coordinator outlining the status of specific activities under the project. Each report must account for the total activity for which the SUBRECIPIENT is reimbursed with HUD funds, in part or in whole, and which is required in fulfillment of their obligations regarding the Project. See Exhibit C for progress reports. The progress reports shall be used as an additional basis for HHS' approval of invoices, etc. for reimbursement. SA WCC, Inc will be required to submit its Annual Performance Report (APR) to HHS by June 1,2009. c Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 18 of21 A<?E)'lDI)..1TEiVi NOttrt-=='~~ SEP (\ ." 'in''': ",; I. 02 ( Df-C).3 i .!L-:- -, "''':::-_.,..c.=::..; EXHIBIT "B" COLLIER COUNTY HOUSING AND HUMAN SERVICE REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Shelter for Abused Women & Children. Inc. (SA WCe) Subrecipient Address: P.O. Box 10102 Naples, FL 24101 Project Name: SAWCC CoC SUPPORTIVE SERVICES & OPERATING COSTS Project No: FLl4B70-600l (PIN FLl4l52) Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded $ 113,000.00 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 To day's Request $ 6. Current Grant Balance (Initial Grant Amount A warded 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 Sub-recipient. I also certify that the amount of the RequestJor 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) Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 19 of2l EXHIBIT "C" N~~ENOA ITEiVl/- r ~~ (J-.,,,f;- Lpg=;=~o ~'~5 ---__~~~~,i SHELTER FOR ABUSED WOMEN & CHILDREN. INC. MONTHLY PROGRESS REPORT Complete form for past month and submit to HHS staff by the 1 tI" of the following month. Status Report for Month of Submittal Date: Project Name SHELTER FOR ABUSED WOMEN & CHILDREN SUPPORTIVE SERVICES Project Number FL14B70-600l PIN Number FL14l52 Subrecipient: SAWCC Contact Person Telephone: Fax: E-mail: 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. Shelter for Abused Women & Children, Inc. (SAWCC) FL14B07-600l CoC-SHP Renewal Grant Page 20 of2l No._ N I EiIi!-; 6. Pro"". ~ C,m,""" ,r <b, Gro.tA'"~~ (." . (!J!-~~ ~il For each funded acl1vlty, provIde a concIse wntten narratIve that compares work accomphshed to date . versus planned timeframes for completion of the activity as outlined in your application. Provide detailed explanations for any deh;lYs in carrying out a grant activity, its cause, and steps being taken to assure completion of the activity or use by December 30,2008. 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.). (- - Shelter for Abused Women & Children, Inc. (SAWCC) FLl4B07-600l CoC-SHP Renewal Grant Page 21 of2l