Loading...
Item C22BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:-6,/11/2014 Division: Social Services Bulk Item: Yes X No Department: Social Services Staff Contact Person: Shervl Graham x4592 AGENDA ITEM WORDING: Approval of Florida Department of Children and Families Standard Grant Agreement #KPZ14. Emergency Solutions Grant between Monroe County Board of County Commissioners (Social Services) and the State of Florida, Department of Children and Families. ITEM BACKGROUND: Approval of the 2013 Florida Department of Children and Families Standard Grant Agreement #KPZ14, Emergency Solutions Grant (ESG) will provide funds to assist eligible families and individuals to regain stability in permanent housing after experiencing a housing crisis and/or homelessness. The 2013 Emergency Solutions Grant was applied for on 10/ 1/ 13. PREVIOUS RELEVANT BOCC ACTION: Approval of Amendment #0003 to Emergency Solutions Grant #KPZ06 on 3/19/14. CONTRACT/AGREEMENT CHANGES: New Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $76,598.00 BUDGETED: Yes X No COST TO COUNTY: $76,598.00 cash match (match required) SOURCE OF FUNDS: Grant funds REVENUE PRODUCING: Yes N/A No — AMOUNT PER: MONTH: YEAR: APPROVED BY: County Atty.�///-' 09/purchasing Risk Management DOCUMENTATION: Included X Not Required To Follow DISPOSITION: AGENDA ITEM # Revised & 06 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: State of Florida, Department of Contract: KPZ 14 Children and Families Effective Date: 7/ 112014 Expiration Date: 06/30/2015 Contract Purpose/ Description: Approval of Florida Department of Children and Families Standard Grant Agreement #KPZ14, Emergency Shelter Grant between Monroe County Board of County Commissioners (Social Services) and the State of Florida, Department of Children and Families. Contract Manager: Sheryl Graham 305-292 Social Services; Stop 1 4510 (Name) (Ext.) (Department,/Stop #) For BOCC meeting on 6/11/14 Agenda Deadline: 5/27/14 CONTRACT COSTS Total Dollar Value of Contract: approx. $76,598.00 Current Year Portion: $_ Budgeted? Yes X No ❑ Account Codes: - - County Match: $76,598.00 - - - - Additional Match: - - - Total Match $76,598.00 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc) CONTRACT REVIEW Changes 1` Date Out Division Director Dates In, °/ Needed Yes __ No eviewr A 1_ Risk Management - Yes =_ No '3 <* "� O.NS.B.%Pure asing Yes ___ No County Attorney, n � " Yes N_ _� 1 ' 1 .j p 13 Comments: OMB Form Revised 2/27/01 MCP #2 Contract No. KPZ1d Client N Non -Client El CFDA No. 14.231 FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES STANDARD CONTRACT THIS CONTRACT Is entered into between the Florida Department of Children and Families, hereinafter referred to as the "Department" and Monroe County, hereinafter referred to as the "Provider'. The Department and Provider agree as follows: 1. Purpose. The Department is engaging the Provider for the purpose of providing financial assistance to persons who are homeless or about to be homeless, as further described in Attachment I hereto. The Provider shall perform all tasks and provide units of deliverables, including reports, findings, and drafts, as specified in this contract. These deliverables must be received and accepted by the contract manager in writing prior to payment, subject to subsequent audit and review and to the satisfaction of the Department. Unless otherwise provided in the procurement document, if any.. or governing law, the Department reserves the right to add services that are incidental or complimentary to the original scope of services. 2. Effective and Ending Dates. This contract shall be effective on July 1, 2014, or the last date executed by a party.. whichever is later. The performance period under this contract shall commence on July 1, 2014. or the effective date of this contract, whichever is later, and shall end at midnight, Eastern time, on June 30, 2015, subject to the survival of terms provisions of Section 33.j hereof. 3. Payment for Services. The Department shall pay for contracted services performed by the Provider on and after the effective date of this contract according to the terms and conditions of this contract of an amount not to exceed $76,598.00, or the rate schedule, subject to the availability of funds and satisfactory performance of all terms by the Provider. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. Any costs or services paid for under any other contract or from any other source are not eligible for payment under this contract. 4. Contract Document. The Provider shall provide services in accordance with the terms and conditions specified in this contract including its attachments, I, Il, III & IV, and any exhibits referenced in said attachments, together with any documents incorporated by reference, which contain all the terms and conditions agreed upon by the parties. The definitions found in the Standard Contract Definitions, located at http://www,dcf.state.fl.us/admintcontractsidocs/GlossaryofContractTerms.pdf are incorporated into and made a part of this contract. The PUR 1000 Form (10/06 version) is hereby incorporated into and made a part of this contract. Sections 1.d., 2-4, 6, 8-13, 20, 23, 27 and 31 of the FUR 1000 Form are not applicable to this contract. In the event of any conflict between the FUR 1000 Form and any other terms or conditions of this contract, such other terms or conditions shall take precedence over the FUR 1000 Form. 5. Compliance with Statutes, Rules and Regulations. In performing its obligations under this contract, the Provider shall without exception be aware of and comply with all state and federal laws, rules and regulations relating to its performance under this contract as they may be enacted or amended from time -to -time, including but not limited to those described in Section 35 of this contract. 6. Official Payee and Party Representatives a. The Provider's name, as shown above, and mailing address of the official payee to whom the payment shall be made are: Name: Monroe County Arlrlrecc• 500 Whitehead Street City: Key West State:FL Zip Code:33040 Phone: 305-294-4641 P.xt: b. The name of the contact person and address, telephone, and e- mail address where financial and administrative records are maintained are: Name: Sheryl Graham AririrPss 1100 Simonton Street City: Key West State:FL Zip Code:33040 Phone: 305-292-4510 ext: e-mail: graham -sheryl@mon roecounty-fl.gov c. The name, address, telephone number and e-mail address of the contract manager for the Department for this contract is: Name: Theresa Phelan Address: 111112 Street City: Key West State: FL Zip Code: 33040 Phone: 305-293-6350 ext: e-mail trixie phelan@dcf state.fl us d. The name, address, telephone number and e-mail of the representative of the Provider responsible for administration of the program under this contract is: Name: Sheryl Graham Address: 1100 Simonton Street City: Key West State:FL Zip Code:33040 Phone: 205-292-4510 P.xt: e-mail:graham-Sheryl@monroecounty-fl.gov Upon change of representatives (names, addresses, telephone numbers or e-mail addresses) by either party, notice shall be provided in writing to the other party and the notification attached to the originals of this contract. 7. Inspections and Corrective Action. The Provider shall permit all persons who are duly authorized by the Department to inspect and copy any records, papers, documents, facilities, goods and services of the Provider which are relevant to this contract, and to interview any clients, employees and subcontractor employees of the Provider to assure the Department of the satisfactory performance of the terms and conditions of this contract. Following such review, the Department will deliver to the Provider a written report of its findings, and may direct the development, by the Provider, of a corrective action plan where appropriate. The Provider hereby agrees to timely correct all deficiencies identified in the Department's written report. This provision will not limit the Department's termination rights under Section 30. 8. Independent Contractor, Subcontracting and Assignments. a. 'n performing its obligations under this contract, the Provider shall at all times be acting in the capacity of an independent contractor and not as an officer. employee, or agent of the State of Florida. except where the Provider is a state agency. Neither the Provider nor any of its agents, employees, subcontractors or assignees shall represent to others that it Is an agent of or has the authority to bind the Department by virtue of this contract, unless specifically authorized in writing to do so. This contract does not create any right n any individual to state retirement, leave benefits or any other benefits of state employees as a result of performing the duties or obligations of this contract. The parties agree that no joint CF Standard Contract O6/2013 1 Contract KPZ14 employment is intended and that, regardless of any provision directing the manner of provision of services, the provider and its Subcontractors shall be responsible for the supervision, control, hiring and firing, rates of pay and terms and conditions of employment of their own employees. lb. The Provider shall take such actions as may be necessary to ensure that it and each subcontractor of the Provider will be deemed to be all independent contractor and will not be considered or permitted to be an officer, employee, or agent of the State of Florida. The Department will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Provider, or its subcontractor or assignee, unless specifically agreed to by the Department in this contract. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Providers officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider. C. The Provider shall not assign the responsibility for this contract to another Party without prior written approval of the Department. upon the Deoartment's sole determination that such assignment will not adversely affect role public interest: however, in no event may the Provider assign or enter into any transaction having the effect of assigning or transferring any fight to receive payment under this contract which right is not conditioned on full and faithful performance of the Provider's duties hereunder. Any sublicense, assignment, or transfer otherwise occurring without prior approval of the Department shall be null and void. The Provider shall not subcontract for any of the work contemplated under this contract without prior written approval of the Department, which shall not be unreasonably withheld. d. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this contract to another governmental agency in the State of Florida or to a provider of the Department's selection, upon giving prior written notice to the Provider. In the event the State of Florida approves transfer of the Provider's obligations, the Provider remains responsible for all work performed and all expenses incurred in connection with the contract. This contract shall remain binding upon the lawful successors in interest of the Provider and the Department. e. To the extent permitted by Florida Law, and in compliance with Section 8.c., the Provider is responsible for all work performed and for all commodities produced pursuant to this contract whether actually furnished by the Provider or by its subcontractors. Any subcontracts shall be evidenced by a written document, The Provider further agrees that the Department shall not be liable to the subcontractor in any way or for any reason relating to this contract. f. The Provider shall include, in all subcontracts (at any tier) the substance of all clauses contained in this Standard Contract that mention or describe subcontract compliance. g. To the extent that a subcontract provides for payment after Provider's receipt of payment from the Department, the Provider shall make payments to any subcontractor within seven (7) working days after receipt of full or partial payments from the Department in accordance with section 287,0585, Florida Statutes (F.S.), unless otherwise stated in the contract between the Provider and subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged against the Provider and paid by the Provider to the subcontractor in the amount of one-half of one percent (.5%) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (115%) of the outstanding balance due. 9. Provider Indemnity. Section 19 of PUR 1000 Form shall apply per its terms, except that the phrase "arising from or relating to personal injury and damage to real or personal tangible property" in the first paragraph is replaced with "arising out of or by reason of the execution of this contract or arising from or relating to any alleged act or omission by the Provider, its agents, employees, partners, or subcontractors in relation to this agreement." and the following additional terms will also apply: a. If the Provider removes an infringing product because it is not reasonably able to modify that product or secure the Department the right to continue to use that product, the Provider shall immediately replace that product with a non -infringing product that the Department determines to be of equal or better functionality or be liable for the Department's cost in so doing. b. Further, the Provider shall indemnify the Department for all costs and attorneys fees arising from or relating to Provider's claim that a record contains trade secret information that is exempt from disclosure or the scope of the Provider's redaction of the record, as provided for under Section 26.c., including litigation initiated by the Department. The Provider's inability to evaluate liability or its evaluation of liability shall not excuse its duty to defend and indemnify after receipt of notice. Only an adjudication or judgment after the highest appeal is exhausted finding the Department negligent shall excuse the Provider of performance under this provision, in which case the Department shall have no obligation to reimburse the Provider for the cost of its defense. If the Provider is an agency or subdivision of the state, its obligation to indemnify, defend and hold harmless the Department shall be to the extent permitted by section 768.28, F.S. or other applicable law, and without waiving the limits of sovereign immunity. 10. Insurance. The Provider shall maintain continuous adequate liability insurance coverage during the existence of this contract and any renewal(s) and extension(s) thereof. With the exception of a state agency or subdivision as defined by subsection 768.28(2). F.S_ by execution of this contract, the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable financial protections for the Provider and the clients to be served under this contract. The limits of coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this contract. Upon the execution of this contract, the Provider shall furnish the Department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The Department reserves the right to require additional insurance as specified in this contract. 11. Notice of Legal Actions. The Provider shall notify the Department of legal actions taken against them or potential actions such as lawsuits, related to services provided through this contract or that may impact the Provider's ability to deliver the contractual services, or adversely impact the Department. The Department's contract manager will be notified within 10 days of Provider becoming aware of such actions or from the day of the legal filing, whichever comes first. 12, Client Risk Prevention. If services to clients are to be provided under this contract, the Provider and any subcontractors shall, in accordance with the client risk prevention system, report those reportable situations listed in Department of Children and Families Operating Procedure (CFOP) 2115-6 in the manner prescribed in CFOP 215-6. The Provider shall immediately report any knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child. aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number i,1-800-96ABUSE). As required by Chapters 39 and 415, F,S., this provision is binding upon both the Provider and its employees. 13. Emergency Preparedness Plan. If f the tasks to be performed pursuant to this contract include the physical care or supervision of clients. the Provider shall, within thirty (1330) days of the execution of this contra -It, submit to the contract manager an emergency preparedness plan which shall include provisions for records protection. alternative accommodations for clients in substitute care, supplies, and a recovery plan that will allow the Provider to continue functioning in compliance with the executed contract in the event of an actual emergency. CF Standard Contract 06,2013 2 Contract KPZ14 a. For the purpose of disaster planning, the term supervision includes a child who is under the jurisdiction of a dependency court. Children may remain in their homes, be placed in a non -licensed relativeirion-relative home, or be placed in a licensed foster care setting. lb. No later than twelve months following the Department's original acceptance of a plan and every twelve (12) months thereafter, the Provider shall submit a written certification that it has reviewed its plan, along with any modifications to the plan, or a statement that no modifications were found necessary, C. The Department agrees to respond in writing within thirty i30) days of receipt of the original or updated plan, accepting, rejecting, or requesting modifications. In the event of an emergency. the Department may exercise oversight authority over such Provider ;in order to assure implementation of agreed emergency relief provisions. 14, Intellectual Property. it is agreed that all intellectual property, inventions, written or electronically created materials. including manuals. presentations, films, or other copyrightable materials, arising in relation to Providers performance under this contract, and the performance of all of ifs officers, agents and subcontractors in relation to this contract, are works for hire for the benefit of the Department, fully compensated for by the contract amount, and that neither the Provider nor any of its officers, agents nor subcontractors may claim any interest in any intellectual property rights accruing under or in connection with the performance of this contract. It is specifically agreed that the Department shall have exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which arises or is developed in the course of or as a result of work or services performed under this contract, or in any way connected herewith. Notwithstanding the foregoing provision, if the Provider is a university and a member of the State University System of Florida. then section 1004.23, F.S., shall apply. a. If the Provider uses or delivers to the Department for its use or the use of its employees, agents or contractors, any design, device, or materials covered by letters, patent, or copyright, it is mutually agreed and understood that, except as to those items specifically listed in the Special Provisions of Attachment I as having specific limitations, the compensation paid pursuant to this contract includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work contemplated by this contract. For purposes of this provision, the term "use" shall include use by the Provider during the term of this contract and use by the Department its employees, agents or contractors during the term of this contract and perpetually thereafter. la. All applicable subcontracts shall include a provision that the Federal awarding agency reserves all patent rights with respect to any discovery or invention that arises or is developed in the course of or under the subcontract. Notwithstanding the foregoing provision, if the Provider or one of its subcontractors is a university and a member of the State University System of Florida, then section 1004.23, F.S., shall apply, but the Department shall retain a perpetual, fully -paid, nonexclusive license for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products. 15. Real Property. Any state funds provided for the purchase of or improvements to real property are contingent upon the Provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. As a condition of receipt of state funding for this purpose, the Provider agrees that, if it disposes of the property before the Department's interest is vacated, the Provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation. 16. Publicity. Without limitation, the Provider and its employees, agents, and representatives will not, without prior Departmental written consent in each instance, use in advertising, publicity or any other promotional endeavor any State mark, the name of the State's mark, the name of the State or any state agency or affiliate or any officer or employee of the State, or any state program or service, or represent, directly or indirectly, that any product or service provided by the Provider has been approved or endorsed by the State, or refer to the existence of this contract in press releases, advertising or materials distributed to the Provider's prospective customers. 17. Sponsorship. As required by section 286.25, F.S., if the Provider is a non -governmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this contract, it shall, in publicizing, advertising, or describing the sponsorship of the program state: "Sponsored by (Provider's name) and the State of Florida, Department of Children and Families". If the sponsorship reference is in written material, the words "State of Florida, Department of Children and Families" shall appear in at least the same size letters or type as the name of the organization. 18. Employee Gifts. The Provider agrees that it will not offer to give or give any gift to any Department employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract for a period of two years. In addition to any other remedies available to the Department, any violation of this provision will result in referral of the Provider's name and description of the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name on the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions. 19, Invoices. The Provider shall submit bills for fees or other compensation for services or expenses in sufficient detail for proper pre -audit and post -audit. Where itemized payment for travel expenses is permitted in this contract, the Provider shall submit bills for any travel expenses in accordance with section 112.061, F.S., or at such lower rates as may be provided in this contract. 20. Final Invoice. The final invoice for payment shall be submitted to the Department no more than 45 days after the contract ends or is terminated. If the Provider fails to do so, all rights to payment are forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the Provider and necessary adjustments thereto, have been approved by the Department. 21, Financial Consequences. If the Provider fails to meet the minimum level of service or performance identified in this contract, or that is customary for the industry. the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to refusing payment. withholding payments until deficiency is cured, tendering only partial payments, applying liquidated damages to the extent that this contract so provides, imposition of penalties per Section 29, termination of contract per Section 30 and requisition of services from an alternate source. Any payment made in reliance on the Provider's evidence of performance. which evidence is subsequently determined to be erroneous, will be immediately due as an overpayment in accordance with Section 22, to the extent of such error. 22. Overpayments. The Provider shall return to the Department any overpayments due to unearned funds or funds disallowed that were disbursed to the Provider by the Department and any interest attributable to such funds pursuant to the terms and conditions of this contract. In the event that the Provider or its independent auditor discovers that an overpayment has been made, the Provider shall repay said overpayment immediately without prior notification from the Department. In the event that the Department first discovers an overpayment has been made, the contract manager, on behalf of the Department, will notify the Provider by letter of such findings. Should repayment not be made forthwith, the Provider will be charged interest at the Iawfui rate of interest on the outstanding balance after Department notification or Provider discovery. Payments made for services subsequently determined by the Department to not be in full compliance with contract requirements shall be deemed overpayments. The Department shall have the right to offset or CF Standard Contract 06/2013 3 Contract KPZ14 deduct from any amount due under this contract at any time any amount due to the Department from the Provider under this or any other contract or agreement and payment otherwise due under this contract will I be deemed received regardless of such offset. 23. Payment on Invoices. Pursuant to section 215.422, F.S., the Department has five (5) working days to inspect and approve goods and services, unless the bid specifications, purchase order, or this contract specify otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services, if payment is not available within forty (40) days, measured from the latter of the date a properly completed invoice is received by the Department or the goods or services are received, inspected, and approved, a separate interest penalty set by the Chief Financial Officer pursuant to section 55.03, F.S.. will be due and payable in addition to the invoice amount. Payments to health care providersFinafor hospital, medical, , ncial or other health care services, shall, be mace not more than thirty-five (135) days fromthe date eligibility for payment is determined. penalties will be calculated at the daily interest rate of 03333%. Invoices returned to a Provider due to preparation errors will result in a non -interest bearing payment delay. interest penalties less than one 0 1 dollar will not be paid unless the Provider requests payment. Payment shall be made only upon written acceptance by the Department and shall remain subject to subsequent 1uent audit or review to confirm contract compliance. 24. Vendor Cirribudsirri A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215,422. F.S., which include disseminating information relative to prompt payment and assisting vendors in receiving their payments in a timely manner from a state agency, The Vendor Ombudsman may be contacted at (850) 413-5516. 25. Records, Retention, Audits, Inspections and Investigations. a. The Provider shall establish and maintain books, records and documents (including electronic storage media) sufficient to reflect all income and expenditures of funds provided by the Department under this contract. b. Retention of all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract shall be maintained by the Provider during the term of this contract and retained for a period of six (6) years after completion of the contract or longer when required by law. In the event an audit is required under this contract, records shall be retained for a minimum period of six (6) years after the audit report is issued or until resolution of any audit findings or litigation based on the terms of this contract, at no additional cost to the Department. c. Upon demand, at no additional cost to the Department, the Provider will facilitate the duplication and transfer of any records or documents during the term of this contract and the required retention period in Section 25,b. d. These records shall be made available at all reasonable times for inspection, review, copying, or audit by Federal, State, or other personnel duly authorized by the Department. e. At all reasonable times for as long as records are maintained, persons duly authorized by the Department and Federal auditors, pursuant to 45 CFR, section 92.36(i)(1 0), shall be allowed full access to and the right to examine any of the Provider's contracts and related records and documents, regardless of the form in which kept. f. A financial and compliance audit shall be provided to the Department as specified in this contract and in Attachment It. g, The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General (section 20.055, F.S.). h. No record may be withheld nor may the Provider attempt to limit the scope of any of the foregoing inspections, reviews, copying, transfers or audits based on any claim that any record is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however, that this provision does not limit any exemption to public inspection or copying to any such record. 26. Public Records. The Provider shall allow public access to all documents, papers, letters, or other public records as defined in subsection 119.01 1(12), F.S. as prescribed by subsection 119.07(1) F.S., made or received by the Provider in conjunction with this contract except that public records which are made confidential by law must be protected from disclosure. It is expressly understood that the Provider's failure to comply with this provision shall constitute an immediate breach of contract for which the Department may unilaterally terminate the contract. a. Unless exempted by law, all public records are subject to public inspection and copying under Florida's Public Records Law, Chapter 119, F.S. Any claim by Provider of trade secret (proprietary) confidentiality for any information contained in Provider's documents (reports, deliverables or workpapers, etc., in paper or electronic form) submitted in connection with this contract will be waived, unless the claimed confidential information is submitted in accordance with Section 26.b. b, The Provider must clearly label any portion of the documents, data, or records submitted that it considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information. the Provider shall include information correlating the nature of the claims to the particular protected information. C. The Department, when required to comply with a public records request including documents submitted by the Provider, may require the Provider to expeditiously submit redacted copies of documents marked as trade secret in accordance with Section 26.b. Accompanying the submission shall be an updated version of the justification under Section 26.1p, correlated specifically to redacted information, either confirming that the statutory and factual basis originally asserted remain unchanged or indicating any changes affecting the basis for the asserted exemption from public inspection or disclosure. The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade secret. If the Provider fails to promptly submit a redacted copy. the Department is authorized to produce the records sought without any redaction of proprietary or trade secret information. cl. The Provider shall be responsible for defending its claim that each and every portion of the redactions of trade secret information are exempt from inspection and copying under Florida's Public Records Law. 27. Client Information. The Provider shall not use or disclose any information concerning a recipient of services under this contract for any purpose prohibited by state and federal iaws, rules and regulations except with the written consent of a person legally authorized to give that consent or when authorized by law. 28. Data Security. The Provider shall comply with the fo'Howing data security requirements: CF Standard Contract 06/2013 4 Contract KPZ14 a. An appropriately skilled individual shall be identified by the Provider to function as its Data Security Officer. The Data Security Officer shall act as the liaison to the Department's security staff and will maintain an appropriate level of data security for the information the Provider is collecting or using in the performance of this contract. An appropriate level of security includes approving and tracking all Provider employees that request or have access to any Departmental data system or information. The Data Security Officer will ensure that user access to the data system or information has been removed from all terminated Provider employees. b, The Provider shall provide the latest Departmental security awareness training to its staff and subcontractors who have access to departmental information. c. All Provider employees who have access to departmental information shall comply with, and be provided a copy of CFOP 50-2, and shall sign the DCF Security Agreement Form CF 0114 annually. A copy of Form CF 0114 may be obtained from the contract manager, d. The Provider shall make every effort to protect and avoid unauthorized release of any personal or confidential information by ensuring both data and storage devices are encrypted as prescribed in CFOP 50-2. If encryption of these devices is not possible, then the Provider shall assure that unencrypted personal and confidential departmental data will not be stored on unencrypted storage devices. The Provider shall require the same of all subcontractors. e. The Provider agrees to notify the contract manager as soon as possible, but no later than five (5) working days following the determination of any breach or potential breach of personal and confidential departmental data. The Provider shall require the same notification requirements of all subcontractors. f. The Provider shall at its own cost provide notice to affected parties no later than forty-five (45) days following the determination of any potential breach of personal or confidential departmental data as provided in section 817.5681, F.S. The Provider shall require the same notification requirements of all subcontractors. The Provider shall also at its own cost implement measures deemed appropriate by the Department to avoid or mitigate potential injury to any person due to a breach or potential breach of personal and confidential departmental data. 29. Financial Penalties for Failure to Take Corrective Action. a. In accordance with the provisions of subsection 402.73(1), F.S., and Rule 65-29.001, Florida Administrative Code (F.A.C.), corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this contract. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. b. The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan. The penalty, if imposed, shall not exceed ten percent (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance that is determined to have a direct effect on client health and safety shall result in the imposition of a ten percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. C. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. d. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider. 30. The Following Termination Provisions Apply to this Contract: a. In accordance with Section 22 of FUR 1000 Form, this contract may be terminated by the Department without cause upon no less than thirty (30) calendar days notice in writing to the Provider unless a sooner time is mutually agreed upon in writing. b. In the event funds for payment pursuant to this contract becomes unavailable, the Department may terminate this contract upon no less than twenty-four (24) hours notice in writing to the Provider. The Department shall be the final authority as to the availability and adequacy of funds. C. In the event the Provider fails to fully comply with the terms and conditions of this contract, the Department may terminate the contract upon no less than twenty-four (24) hours (excluding Saturday, Sunday, and Holidays) notice in writing to the Provider after Provider's failure to fully cure such noncompliance within the time specified in a written notice of noncompliance issued by the Department specifying the nature of the noncompliance and the actions required to cure such noncompliance. In addition, the Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in order to terminate the contract. The Department's failure to demand performance of any provision of this contract shall not be deemed a waiver of such performance. The Department's waiver of any one breach of any provision of this contract shall not be deemed to be a waiver of any other breach and neither event shall be construed to be a modification of the terms and conditions of this contract. The provisions herein do not limit the Department's right to remedies at law or in equity. d. Failure to have performed any contractual obligations under any other contract with the Department in a manner satisfactory to the Department will be a sufficient cause for termination. To be terminated as a Provider under this provision, the Provider must have: (1) previously failed to satisfactorily perform in a contract with the Department, been notified by the Department of the unsatisfactory performance, and failed to correct the unsatisfactory performance to the satisfaction of the Department: or (2) had a contract terminated by the Department for cause. Termination shall be upon no less than twenty-four (24) hours notice in writing to the Provider. All notices of termination provided under this Section shall be in writing and sent by U.S. Postal Service or any other delivery service that provides verification of delivery or by hand delivery. In the event of termination under paragraphs a. or b., the Provider will be compensated for any work satisfactorily completed. 31. Transition Activities. Continuity of service is critical when service under this contract ends and service commences under a new contract. Accordingly. when service will continue through another provider upon the expiration or earlier termination of this contract, the Provider shall complete all actions necessary to smoothly transition service to the new provider. The Provider shall be required to support an orderly transition to the next provider no later than the expiration or earlier termination of this contract and shall support the requirements for transition as specified in a Department -approved Transition Plan. Such activities will be without additional compensation and will include consultation on the resources needed to support transition. identifying a transition manager, the characteristics of transactions. data and file transfer. CF Standard Contract 06 2013 5 Contract KPZ14 32. Dispute Resolution. Any dispute concerning performance of the contract or payment hereunder shall be decided by the Department's contract manager. who shall reduce the decision to writing and provide a copy to the Provider. The decision shall be final and conclusive unless within twenty-one (21 ) calendar days from the date of receipt of the contract managers decision, the Provider delivers to the contract manager a petition for alternative dispute resolution. After receipt of a petition for alternative dispute resolution the Department and the Provider shall attempt to amicably resolve the dispute through negotiations. Timely delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a condition precedent to any legal action by the Provider concerning this contract. After timely delivery of a petition for alternative dispute resolution, the parties may employ any dispute resolution procedures described in the Attachment 1 or other attachment. or mutually agree to an alternative binding or nonbinding dispute resolution process, the terms of whic h shall be reduced to writing and executed by both parties. Completion of such agreed process shall be deemed to satisfy the requirement for completion of the negotiation process This provision shall not limit the parties' rights of termination under Section 30. 33, Other Terms a. Except where otherwise provided in this contract, communications between the parties regarding this contract may be by any commercially reasonable means. Where this contract calls for communication, in writing, except for notices of termination per Section 30, such communication includes email, and attachments are deemed received when the email is received. b. This contract is executed and entered into in the State of Florida, and shall be construed, performed and enforced in all respects in accordance with Florida law, without regard to Florida provisions for conflict of laws. Courts of competent jurisdiction in Florida shall have exclusive jurisdiction in any action regarding this contract and venue shall be in Leon County, Florida, Unless otherwise provided in Attachment I or in any amendment hereto, any amendment, extension or renewal (when authorized) may be executed in counterparts as provided in Section 46 of the PUR 1000 Form. c. Articles which are the subject of or are required to carry out this contract shall be purchased from Prison Rehabilitative Industries and Diversified Enterprises. Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the Provider shall be deemed to be substituted for the Department insofar as dealings with PRIDE. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE at (800) 643-8459. d. The Provider shall procure any recycled products or materials, which are the subject of or are required to carry out this contract, in accordance with the provisions of section 403.7065, F.S. e. The Department is committed to ensuring provision of the highest quality services to the persons we serve. Accordingly, the Department has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, the majority of the Department's providers will either be accredited, have a plan to meet national accreditation standards, or will initiate a plan within a reasonable period of time. f. The Department of Economic Opportunity and Workforce Florida: The Provider understands that the Department, the Department of Economic Opportunity, and Workforce Florida, Inc., have jointly implemented an initiative to empower recipients in the Temporary Assistance to Needy Families Program to enter and remain in gainful employment. The Department encourages Provider participation with the Department of Economic Opportunity and Workforce Florida. g. Transitioning Young Adults: The Provider understands the Department's interest in assisting young adults aging out of the dependency system. The Department encourages Provider participation with the local Community -Based Care Lead Agency Independent Living Program to offer gainful employment to youth in foster care and young adults transitioning from the foster care system. h. There are no provisions, terms, conditions, or obligations other than those contained herein, and this contract shall supersede all previous communications, representations, or agreements, either verbal or written between the parties. I. If any term or provision of this contract is legally determined unlawful or unenforceable, the remainder of the contract shall remain in full force and effect and such term or provision shall be stricken. j. Survival of terms. The parties agree that, unless a provision of this Standard Contract, its attachments or incorporated documents expressly states otherwise as to itself or a named provision, all provisions of this contract concerning obligations of the Provider and remedies available to the Department are intended to survive the "ending date" or an earlier termination of this contract. The Provider's performance pursuant to such surviving provisions shall be without further payment, as the contract payments received during the term of this contract are consideration for such performance. k. Most Favored Party Status: The Provider represents and warrants that the prices and terms for its services under this contract are no less favorable to the Department than those for similar services under any existing contract with any other party. The Provider further agrees that, within ninety (90) days of Provider entering into a contract, contract amendment or offering to any other party services similar to those under this contract under prices or terms more favorable than those provided in this contract, the Provider will report such prices and terms to the Department, which prices or terms shall be effective as an amendment to this contract upon the Department's written acceptance thereof. Should the Department discover such other prices or terms, the same shall be effective as an amendment to this contract retroactively to the earlier of the effective date of this contract (for other contracts in effect as of that date) or the date they were first contracted or offered to the other party (for subsequent contracts amendments or offers) and any payment in excess of such pricing shall be deemed overpayments. Provider shall submit an affidavit no later than July 31" of each year during the term of this contract attesting that the Provider is in compliance with this provision. as required by section 216.0113, F& L The Provider will not offer, enter into nor enforce any formal or informal agreement with any person. firm or entity under which the parties agree to refrain from competing for any future service contract or limit in any manner the ability of either party to obtain employment by or provide services to the Department or a provider of services to the Department. m in the event of a conflict between the provisions of the documents, the documents shall be interpreted in the following order of Precedence: Attachment 1 and other attachments, if any: Any documents incorporated into any attachment by reference: This Standard Contract: IV, Any documents incorporated into this Standard Contract by reference. CF Standard Contract 06;210 13 6 Contract KPZ14 34. Modifications. Modifications of provisions of this contract shall be valid only when they have been reduced to writing and duly signed by both parties. The rate of payment and the total dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Department's operating budget. 35. Additional Requirements of Law, Regulation and Funding Source. As provided in Section 5 of this contract, the Provider is required to comply with the following requirements, as applicable to its performance under this -contract. Provider acknowledges that it is independently responsible for investigating and complying with all state and federal laws, rules and regulations relating to its performance under this contract and that the below is only a sample of the slate and federal laws, rules and regulations that may govern its performance under this contract. a, Federal Law i. if this contract contains federal funds, the Provider shall comply with the provisions of federal law and regulations including, but not limited to, 45 CFR, Part 74, 45 CFR, Part 92, and other applicable regulations. ii. If this contract contains $10,000 or more of federal funds, the Provider shall comply with Executive Order 11246. Equal Employment Opportunity, as amended by Executive Order 11375 and others, and as supplemented in Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if applicable. iii. If this contract contains over $100,000 of federal funds, the Provider shall comply with all applicable standards, orders, or regulations issued under section 306 of the Clean Air Act, as amended (42 United States Code (U.S.C.) 7401 et seg.). section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seg.), Executive Order 11738. as amended and where applicable. and Environmental Protection Agency regulations (40 CFR, Part 30). The Provider shall report any violations of the above to the Department. iv. No federal funds received in connection with this contract may be used by the Provider, or agent acting for the Provider, or subcontractor to influence legislation or appropriations pending before the Congress or any State legislature. If this contract contains federal funding in excess of $100,000, the Provider must, prior to contract execution, complete the Certification Regarding Lobbying form, Attachment Ill. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the contract manager, prior to payment under this contract. V. If this contract contains federal funds and provides services to children up to age 18, the Provider shall comply with the Pro -Children Act of 1994 (20 U.S.C. 6081). Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation or the imposition of an administrative compliance order on the responsible entity, or both. vi. Unauthorized aliens shall not be employed. The Department shall consider the employment of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. Such violation shall be cause for unilateral cancellation of this contract by the Department. The Provider and its subcontractors will enroll in and use the e-Verify system established by the U.S. Department of Homeland Security to verify the employment eligibility of its employees and its subcontractors' employees performing under this contract. b. Civil Rights Requirements. In accordance with Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, or the Florida Civil Rights Act of 1992, as applicable the Provider shall not discriminate against any employee (or applicant for employment) in the performance of this contract because of race, color, religion, sex, national origin, disability, age, or marital status. Further, the Provider agrees not to discriminate against any applicant, client, or employee in service delivery or benefits in connection with any of its programs and activities in accordance with 45 CFR Parts 80, 83, 84, 90, and 91, Title VII of the Civil Rights Act of 1964, or the Florida Civil Rights Act of 1992, as applicable and CFOP 60-16. These requirements shall apply to all contractors, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to clients or employees in connection with its programs and activities. The Provider shall complete the Civil Rights Compliance Checklist, CF Form 946 in accordance with 45 CFR Part 80 and CFOP 60-16 . This is required of all Providers that have fifteen (15) or more employees. C. Use of Funds for Lobbying Prohibited. The Provider shall comply with the provisions of sections 11.062 and 216.347, F.S., which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. d. Public Entity Crime and Discriminatory Contractors Pursuant to sections 287.133 and 287.134, F.S_ the following restrictions are placed on the ability of persons placed on the convicted vendor list or the discriminatory vendor list. When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, or an entity or affiliate has been placed on the discriminatory vendor list, such person, entity or affiliate may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity: may not submit a bid, proposal, or reply on a contract with a public entity for the construction or the repair of a public building or public work: may not submit bids, proposals, or replies on leases of real property to a public entity: may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity: and may not transact business with any public entity: provided, however, that the prohibition on persons or affiliates placed on the convicted vendor shall be limited to business in excess of the threshold amount provided in section 287,017. F.S., for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. e. Health Insurance Portability and Accountability Act. The Provider shall, where applicable, comply with the Health Insurance Portability and Accountability Act (42 U. S. C. 1320d,) as well as all regulations promulgated thereunder (45 CFR Parts 160. 162, and 164). f. Whistle -blower's Act Requirements. In accordance with subsection 112.3187(2), F.S., the Provider and its subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation that creates substantial and specific danger to the public's health, safety. or welfare to an appropriate agency. Furthermore, agencies or independent contractors shall not retaliate against any person who discloses information to an appropriate agency alleging improper use of governmental office, gross waste of funds. or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. The Provider and any subcontractor shall inform its employees that they and other persons may file a complaint with the Office of Chief Inspector General, Agency Inspector General. the Florida Commission on Human Relations or the Whistle -blower's Hotline number at 1-800-543-5353. g, Support to the Deaf or Hard -of -Hearing I r The Provider and its subcontractors, where direct services are provided, shall comply with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 70.4, as implemented by 45 C.F.R. Part 84 (hereinafter referred to as Section 504), the Americans with Disabilities Act of 1990. 42 J.S,C. I CF Standard Contract 06/2013 7 Contract KPZ14 2#3t as implemented by 2S C F R_ Part 35 (hereinafter referred to as ADA, and CFCP 60-10, Chapter 4 entitled"Auxiliary Aids and Servlces for Customers or Companions aJh are Deaf or Hard of Hearing-" H f the Provider or an of its subcontractors e^ip+cys f`teen (15) or more employees- the Provider shall designate a Single Point of Contact ,one per firmr'c ensure effective communication with . istorriers or comr-larrions who are deaf or Nara of raring in accordance with Section 504 of the ADA, and CFOP 60-10, Chapter 4 The Provider"s S ng,e Point Contact and that of its Subcontractors wi ; process the compliance data into the Depar?ments HHS Compliance reporting Database at ht`ps `s16 `ormsi e ccm dcfuser."or93,secure index htr^l, by the 5working day of the month covering the previous month s reporting and-orward confirmation of submission to the contract manager, The name and contact information for the Provider's Single Point of Contact shall ;.e furnished to the Department's grant or contract manager within fourteen 1= calendar caws of the effective date of this requirement iii. The Provider shall contractually require that its subcontractors comply with Section 504- the ADA, and CFOP 60-10, Chapter 4. A Single Point of Contact shall be required for each subcontractor that employs fifteen (15, or more employees This Single Point of Contact vAl ensure effective communication with customers or companions who are deaf or hard of hearing in accordance with Section 504 and the ADA and coordinate activities and reports with the Providers Single Point of Contact. IV The Single Point of Contact shall ensure that employees are aware of the requirements- roles and responsibilities, and contact points associated with compliance with Section 504. the ADA. and CFOP 60-10, Chapter 4. Further, employees of providers and its subcontractors with fifteen (15) or more employees shall attest in writing that they are familiar with the requirements of Section 504. the ADA, and CFCP 60-10, Chapter 4. This attestation shall be maintained in the employee's personnel file v. The Provider's Single Point of Contact will ensure that conspicuous Notices which provide information about the availability of appropriate auxiliary aids and services at no -cost to the customers or companions who are deaf or hard of hearing are posted near where people enter or are admitted within the agent locations. Such Notices must be posted immediately by providers and subcontractors. The approved Notices can be downloaded through the Internet at http,//www.dcf.state.fil ustadminigrcivlrights shim! vi. The Provider and its subcontractors shall document the customers or companions preferred method of communication and any requested auxiliary aids/services provided in the customer's record. Documentation, with supporting justification, must also be made if any request was not honored or was denied. The Provider shall distribute the Customer Feedback form to customer or companion for completion and submission to the Department of Children and Families Office of Civil Rights. vii. If the customer or companion is referred to other agencies, the Provider must ensure that the receiving agency is notified of the customer's or companion's preferred method of communication and any auxiliary aidsiservice needs. The Department requires each contract subcontract provider agency's direct service employees to complete the online trainingServing our Customers who are Deaf or Hard of Hearing, (as requested of all Department employees) and sign the Attestation of Understanding. Direct service employees will also print their certificate of completion, attach it to their Attestation of Understanding, and maintain them in their personnel file. By signing this contract, the parties agree that they have read and agree to the entire contract, as described in Section 4. IN WITNESS THEREOF, the parties hereto have caused this 48 page contract to be executed by their undersigned officials as duty authorized. PROVIDER: MONROE COUNTY FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES Signature: Signature: Print[Type Name: Sylvia Murphy Print/Type Name: Title: Mayor Title: Date: Date: STATE AGENCY 29 DIGIT FLAIR CODE: Federal Tax ID # (or SSN) 59-6,300749 Provider Fiscal Year Ending Date: 06130 -Q M� rIj LLi Ate,- -7 ! CF 5 3rsuard C 1 "act 0 r 2?13 Gitda P. Ferradaz Regional Managing Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY Regional Legal^Counsel Date ontract KPZ14 Emergency Solutions Grants Program ATTACHMENT I A. Services to be Provided (Homeless Prevention/Rapid Re -Housing) 1. Definition of Terms a. Grant Agreement Terms Grant agreement terms used in this document can be found in the Florida Department of Children and Families Glossary of Grant and/or Contract agreement Terms, which is incorporated herein by reference and can be obtained from the Grant Manager. For the purposes of this agreement the term "grant" will be interchanged with the word "contract" and "Recipient" will be interchanged with the word "Provider" and each will be subject to the terms and conditions of the Florida Department of Children and Families Standard Contract. b. Program or Service Specific Terms 1) Prevention Objective: Provide rental assistance along with stabilization services necessary to prevent an individual or family from becoming homeless, having to move into an emergency shelter or other place not suitable for human occupancy. 2) Rapid Re -Housing Objective: Provide rental assistance along with stabilization services as necessary to help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing. 3) Emergency Shelter: Any facility, the primary purpose of which is to provide temporary shelter for the homeless in general, or for a specific homeless population. 4) Administrative Costs: Costs associated with overall program management, coordination, monitoring, and evaluation the Emergency Solutions Grant program. The administration costs of the grant are limited to 4.5% of the total grant award. These costs include general management and oversight to include salaries, wages and related costs of staff engaged in program administration; administrative services performed under 3 rd party contract/agreements like legal services, accounting or audit functions; costs associated with the performance of environmental reviews; and costs associated with attending HUD sponsored ESG trainings. Please refer to HUD's December 5, 2011 Interim Rule for regulations regarding administrative costs. 05,'01 /2014 Grant Agreement # KPZ14 9 Emergency Solutions Grants Program 2. General Description a. Program Requirements 1) The Emergency Solutions Grant is a federal grant program from the U. S. Department of Housing and Urban Development, and the federal regulations published for the grant program contained in 24 CFR Part 576, (2011), as amended, shall govern the awards made by the Department of Children and Families, herein after referred to as the Department. 2) In addition to the definitions contained in 24 CFR, Part 576 (2011), as amended, the Recipient must also comply with other federal laws and regulations, including the following: Participate fully in the Homeless Management Information System (HMIS). HMIS requirements are outlined in the Interim Rule published December 5, 2011 as amended. Accordingly, only recipients who commit to participate in HMIS will eligible for the Emergency Solutions Grant funding. Section 605 of the Violence Against Women Act of 2005 amended the McKinney -Veto Homeless Assistance Act to prohibit victim service providers from entering personally identifiable information into an HMIS database. This law applies to recipients receiving Violence Against Women Act and/or Family Violence Prevention and Service Act funding. Domestic violence service providers are not required to participate in HMIS, but shall provide aggregate service data on persons and outcomes achieved. [See HUD Notice issued March 16, 2007, published in the Federal Register] 3) Recipients shall be aware of and comply with regulations and requirements set forth in Part 24, Code of Federal Regulations (C.F.R.) § 576.23, Emergency Solutions Grant Program: Stewart B. McKinney Homeless Assistance Act. Organizations that are religious or faith based are eligible, on the same basis as any other organization, to participate in the Emergency Solutions Grants program. Neither the Federal government nor a state or local government receiving funds under Emergency Solutions Grants programs shall discriminate against an organization on the basis of the organization's religious character or affiliation. Provisions set forth generally require that when services are funded under the ESG program the services will be provided in a way that is free from religious influences and in accordance with the following principles: a) Any Recipient that participates in the Emergency Solutions Grants program shall not, in providing assistance, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. 05/0 112014 Grant Agreement 11 KPZ14 10 Emergency Solutions Grants Program b) The Recipient will provide grant services in a way that is free from religious influences and will not engage in inherently religious activities, such as worship, religious services, instruction, counseling, or proselytization as part of the programs or services funded under the grant. If an organization conducts such activities, the activities must be offered separately, in a time or location, from the programs or services funded under the grant, and participation must be voluntary for the beneficiaries of the programs or services funded by the grant. c) The Recipient will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference on the basis of religion. d) The Recipient will not limit services provided to, or give preference to any person seeking services based on religion. 4) There are additional federal and state assurances and certification that the Recipient must comply with, including all ordinances, codes, and statutes relating to building, health, fire, safety, sanitation, zoning and the environment, as well habitability standards for all housing units occupied by assisted participants. 5) The Emergency Solutions Grant requires matching funds. The Recipient is required by federal regulations under HUD's December 5, 2011 Interim Rule, as amended, and 24 CFR, Part 576 (2011), to match the Emergency Solutions Grant with an equal amount of funds from other sources. The Recipient may use in -kind services, or other public or private cash sources to meet the dollar for dollar match requirement. Matching funds must be provided after the date of the grant agreement's execution. Funds used to match previous Emergency Solutions Grants or any other grant may not be used to match the grant award made under this solicitation. Recipient may use any of the following as matching funding: a) Cash; b) Value of fair rental value of any donated material or building; c) Value of any lease on a building; d) Salary paid to staff to carry out the program of the Recipient; or e) Value of the time and services contributed by volunteers to carry out the program of the Recipient based on the value at rates consistent with those paid for similar work in the Recipient's organization (24 CFR, Section 576.20(e)). 6) The Department will reimburse the Recipient for eligible expenditures, based upon actual program expenses incurred along with supporting documentation. There will be no advance payments under this grant 05,'01/2014 Grant Agreement # KPZ14 Emergency Solutions Grants Program agreement. The supporting documentation must be submitted along with copies of invoices in order for payment to be processed. b. Authority The authority to fund Emergency Solutions Grants can be found in 24 CFR, Part 576 (2011), of HUD's December 5, 2011 Interim Rule, as amended and in section 420.622, Florida Statutes. For federal regulations governing the Emergency Solutions Grant Program see the HUD web site to view or print regulations at: https://www.onecpd..info/resource/1927/hearth-esq- rogra m-a nd-con solid ated- plan-conforming-amendments/ c. Scope of Service Services shall be provided in Monroe County, Florida, in accordance with the Recipient's response to the Department of Children and Families' Grant Application LPZ10, and in a manner consistent with eligible activities contained in Section B.1.a, Tasks List. d. Program Goals 1) Homeless Prevention The objectives of homeless prevention is to assist individuals and families who are at imminent risk, or at risk, of homelessness, meaning those who qualify under paragraph 2 and 3 of the homeless definition (Exhibit A) or those who qualify as at risk of homelessness with short and medium term rental assistance and housing relocation and stabilization services to 1) prevent persons from becoming homeless in a shelter or an unsheltered situation, or 2) to help such persons regain stability in their current housing or other permanent housing. Individuals and families must have incomes below 30% AMI. 2) Rapid Re -Housing The objectives of rapid re -housing is to assist individuals and families who are literally homeless, meaning those who qualify under paragraph 1 of the definition of homeless with short and medium term rental assistance and housing relocation and stabilization services to 1) help homeless persons living on the streets or in an emergency shelter transition as quickly as possible into permanent housing, and then 2) help such persons achieve stability in that housing. e. Grant Agreement Limits This grant agreement is limited to no more than S76,598.00 for the grant period and must be met with a dollar for dollar match. There is no provision for renewal or extension of this grant agreement. 05i01i2014 Grant Agreement # KPZ14 12 Emergency Solutions Grants Program The Recipient will be allowed to expend grant funds from the date of execution of the grant agreement until June 30, 2015. 2. Clients to be Served a. General Description 1) Homeless Prevention serves extremely low income individuals and families, whose household income is below 30% AMI, at risk of becoming homeless and moving into an emergency shelter or place not meant for human habitation. (See Homeless Definitions, Exhibit A) 2) Rapid Re -Housing serves individuals or families who are literally homeless, currently living in an emergency shelter or place not meant for human habitation. (See Homeless Definitions, Exhibit A) b. Client Eligibility Client eligibility for services shall be determined by the Recipient in accordance with 24 CFR Part 576 (2011), as amended in HUD December 5, 2011 Interim Rule; the guidelines outlined in the Recipient's approved written standards and procedures; and by the criteria for defining homeless under the Homeless Definition established by HUD. Grant recipients must assess a household's need for assistance at initial and re- certification evaluations of eligibility to establish the amount and types of assistance needed to maintain housing stability or for re -housing. c. Client Determination In the event of any disputes regarding the eligibility of clients, the determination made by the Department is final and binding on all parties. B. Manner of Service Provision 1. Service Tasks The Recipient shall comply with the Program Narrative as described in the Recipient's response to Grant Application LPZ10, within the limits of the approved Budget and Budget Narrative, contained herein (Exhibit B and Exhibit 132). a. Task List 1) Recipient must develop written standards and procedures for providing assistance in accordance with provisions set forth in HUD's December 5, 2011 Interim Rule. These standard policies and procedures must be approved by the Department prior to grant execution. Standards must meet these criteria: 05r'01 /2014 Grant Agreement # KPZ14 13 Emergency Solutions Grants Program a) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under the Emergency Solutions Grant: Minimum Standards: Must be (1) consistent with the definition of homeless and at -risk homeless set forth in 24 CFR 576.2; and (2) the record keeping requirements set forth in 24 CFR 576,500 (b-e). b) Standard policies and procedures for coordination among homeless service providers, as well as mainstream service and housing providers: Minimum Standards: Standard shall encompass all providers and programs listed in Sections 576.400(b) and (c) of the HUD December 5, 2011 Interim Rule. c) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homeless prevention assistance or rapid re -housing aid. Department's Priority: Families with children shall be given preference under the Department's award for both prevention and rapid re- housing, to the maximum extent possible. d) Standards for determining the share of rent and utility costs that each eligible participant must pay, if any, while receiving either homeless prevention or rapid re -housing aid. e) Standards for determining how long a particular participant will be provided with rental assistance, and whether and how the amount of assistance may be adjusted over time. f) Standards for determining the type, amount and duration of housing stabilization and/or rapid re -housing assistance and/or relocation services to be provided to an eligible participant, including limits, if any, on the amount of homeless prevention or rapid re -housing assistance that a participant may receive. The standards shall set forth the maximum amount of assistance, the maximum months of assistance possible, and maximum number of times a participant may receive assistance. 2) Continuum of Care Centralized or Coordinated Assessment System: The Department shall require all grant recipients to submit a certification from the designed continuum of care lead agency that the Recipient is using the assessment system. If the continuum of care has not yet developed such a coordinated assessment system in accordance with HUD's December 5, 2011 Interim Rules requirement, the continuum lead 05/01/2014 Grant Agreement # KPZ14 14 Emergency Solutions Grants Program agency shall provide written documentation of this. Victim service providers may choose not to use the continuum's coordinated assessment system. If so, the victim service provider shall document this decision in writing. 3) Prevention Activities: Grantee may provide any one or all of these services to eligible program participants. a) Rental Assistance is assistance for eligible clients where payments are made directly to the housing provider to prevent families or individuals from becoming homeless in a shelter or an unsheltered situation. (1) Short-term tenant based rental assistance: Rent assistance provided for a period of 1 to 3 months (2) Medium -term tenant based rental assistance: Rent assistance provided for a period of 4 to 24 months (3) Payment of Rental Arrears: One-time payment up to 6 months for rent arrears including late fees on those arrears Note: Any combination of the above assistance may be provided as long as the total does not exceed 24 months of assistance in any 3 year period (including any payment for last month's rent or for utility payments, this includes 6 months of payments for arrears). Requirement and Restrictions: Provisions of rental assistance are set forth in Section 576.106 of the Interim Rule published on December 5, 2011. b) Financial Assistance are those activities to help families or individuals regain stability in their current housing or other permanent housing. Applicants may provide any one or all of these services to eligible program participants: (1) Rental application fees (2) Security deposits equal to no more than 2 months' rent (3) Last month's rent if necessary to obtain housing for a program participant, provided it does not exceed one month's rent (4) Utility deposits required by the utility company for gas, electric, water and sewage for all customers served. (5) Utility payments for gas, electric, water and sewage bills not to exceed 24 months of payments per participant, including up to 6 months of utility bills in arrears (6) Moving costs, such as truck rental or hiring a moving company, and temporary storage fees not to exceed 3 months 05101/12014 Grant Agreement # KPZ14 15 Emergency Solutions Grants Program 4) c) Services are those activities which can aid participants with achieving housing stability as well as dealing with previous issues related to housing instability. (1) Housing search and placement (2) Housing stability case management (3) Mediation between the program participant and landlord necessary to prevent the participants from losing their present permanent housing (4) Legal services (5) Credit counseling to assist participants with skills for household budgeting, money management, credit report access, and credit problems; does not include payment or modification of a debt Rapid Re -housing Activities: Recipient may provide any one or all of these services to eligible program participants. a) Rental assistance is assistance for eligible clients where payments are made directly to the housing provider to aid families or individuals who are homeless move into permanent housing and achieve stability in that housing. (1) Short-term tenant based rental assistance: Rent assistance provided for a period of 1 to 3 months (2) Medium -term tenant based rental assistance: Rent assistance provided for a period of 4 to 24 months (3) Payment of Rental Arrears: One-time payment up to 6 months for rent arrears including late fees on those arrears Note: Any combination of the above assistance may be provided as long as the total does not exceed 24 months of assistance in any 3 year period (including any payment for last month's rent). Requirement and Restrictions: Provisions of rental assistance are set forth in Section 576.106 of HUD's Interim Rule published on December 5, 2011. b) Financial Assistance are those activities to help families or individuals gain stability in permanent housing. (1) Rental application fees (2) Security deposits equal to no more than 2 months' rent (3) Last month's rent if necessary to obtain housing for a program participant, provided it does not exceed one month's rent (4) Utility deposits required by the utility company for gas, electric, and sewage for all customers 051'OV2014 Grant Agreement # KPZ14 16 Emergency Solutions Grants Program (5) Utility payments for gas, electric, water and sewage bills not to exceed 24 months of payments per participant, including up to six months of utility bills in arrears (6) Moving costs, such as truck rental or hiring a moving company, and temporary storage fees not to exceed three months b) Services are those activities which aid participants with achieving housing stability as well as dealing with previous issues related to housing instability. (1) Housing search and placement (2) Housing stability case management (3) Mediation between the program participant and landlord necessary to prevent the participants from losing their present permanent housing (4) Legal services (5) Credit counseling to assist participants with skills for household budgeting, money management, credit report access, and resolving credit problems; does not include payment or modification of a debt 5) HMIS (Homeless Management Information System) Recipients must enter data on all persons served and all activities assisted under ESG into the applicable community —wide Continuum of Care HMIS or comparable database. Activities funded by ESG must comply with HUD's standards on participation, data collections and reporting under local HMIS (See 24 CFR Part 576.107). Victim service providers must not enter data into an HMIS but must use a comparable database. Information in the comparable data must not be entered directly into or provided to an HMIS. Eligible costs include:* a. Hardware equipment and software costs b. Staff salaries for operating HMIS c. Training and overhead (participation fees charged by lead agencies) *Activities funded under this component must comply with HUD's standards on participation, data collection and reporting under a local HMIS in HUD's December 5, 2011 Interim Rule as amended. 6) Administrative Costs Recipients may use up to 4.5% of its Emergency Solutions Grant for costs related to the planning and execution of ESG activities. Eligible costs include: a) Costs of overall program management, coordination, or oversight (including staff salaries for program administration activities) b) Training on ESG requirements and costs of HUD sponsored training 05110112014 Grant Agreement # KPZ14 17 Emergency Solutions Grants Program c) Costs associated with conducting Environmental Reviews conducted under 24 CFR Part 576.407 7) Maintain records documenting all clients served in accordance with HUD's Interim Rule of December 5, 2011, as amended, and report all outcomes achieved to the grant manager and the Department's Office on Homelessness on a quarterly and annual basis. Report format will be provided by the Department. 8) Use funds for providing eligible rental assistance and financial assistance or services to persons who are in imminent danger of losing their homes or those who are homeless as listed in the approved budget, Exhibit B. 9) Complete and maintain on file, an ESG Minimum Habitability Standards Checklist, Exhibit C, for all locations in which ESG funds are used to help participants remain in or move into housing. 10) Complete and submit all reports specified by the Department. 1) Comply with all state licensing standards, all applicable standards, criteria and guidelines of the Department. b. Task Limits The Recipient is limited to providing services as indicated in 24 CFR, Part 576 (2011), as amended by HUD's December 5, 2011 Interim Rule to those persons who qualify under this rule. The Recipient is allowed to expend grant funds from the date of execution through June 30, 2015. 2. Staffing Requirements a. Staffing Levels The Recipient will maintain sufficient and appropriate staff to deliver the proposed services reflected in the grant agreement. The Recipient shall maintain an adequate administrative organizational structure and support staff to conduct its contractual responsibility, including intake and evaluation of applications for assistance and case management of client's receiving assistance. The Recipient shall replace any employee, whose continual presence would be detrimental to the success of the project, as may be determined by the Department. b. Professional Qualifications Minimum professional qualifications for staff shall be as follows: case managers shall hold the minimum of a Bachelor's Degree in Social Work or a related field; data entry personnel shall have a high school diploma or equivalent. The position descriptions as described in the Recipient's application submitted in 05,101 i2014 Grant Agreement # KPZ14 18 Emergency Solutions Grants Program response to the grant application shall remain in place until written approval for any changes is obtained from the Department. c. Staffing Changes The Grant Manager shall be notified in writing of any staff changes or vacancies within five (5) calendar days of the change or vacancy. Any replacement personnel shall meet the requirement of the position. d. Subcontrators This grant agreement allows the Recipient to subcontract for case management services. All subcontracting is subject to the provisions of Section 8 of the Standard Contract Agreement and must be approved prior by the Department. The Recipient may not subcontract services not listed. 3. Service Location & Equipment a. Service Delivery Location Services will be provided at the following Monroe County offices: * 1100 Simonton Street, Key West 0 390 63rd Street Ocean, Marathon 0 88770 Overseas Highway, Tavernier b. Service Times Services will be made available to those seeking assistance within normal business hours, Monday -Friday, 8 am until 5 pm and those deemed necessary by the Recipient to meet the needs of clients seeking service. c. Changes in Location The service delivery location shall not be changed without prior approval for the grant manager. d. Equipment It is the responsibility of the Recipient to supply at its own expense, any equipment (aside from equipment purchased with funds from this grant agreement) necessary to provide services under this grant agreement. All equipment acquired under this grant agreement will be inventoried annually. 4. Deliverables a. Recipient is required to meet these deliverables as part of compliance for funding received under the Emergency Solutions Grant: 1) Provide financial assistance to a minimum of three households per month, as documented in the monthly HMIS activity report. Financial assistance may include rent payments and security deposits, and utility payments and deposits. 05;01,,2014 Grant Agreement # KPZ14 19 Emergency Solutions Grants Program 1) To the extent that information is utilized in the performance of the resulting Grant agreement or generated as a result of it, and to the extent that information meets the definition of "public record" as defined in subsection 119.01 1 (1), Florida Statutes, said information is hereby declared to be and is hereby recognized by the parties to be a public record and absent a provision of law or administrative rule or regulation requiring otherwise, shall be made available for inspection and copying by any interested person upon request as provided in Chapter 119, Florida Statutes, or otherwise. It is expressly understood that the Recipient's refusal to comply with Chapter 119, Florida Statutes, shall constitute an immediate breach of the resulting grant agreement, which entitles the department to unilaterally cancel the grant agreement. The Recipient is required to notify the department in writing of any requests made for public records. 2) All documents pertaining to the program shall be retained by the Recipient for a period of six (6) years after the termination of the grant agreement, or longer as may be required by any renewal or extension of the grant agreement. During the record retention period, the Recipient agrees to provide all documents required to be retained upon demand by the Department. 3) The Recipient agrees to maintain the confidentiality of all records required by law or administrative rule to be protected from disclosure. The Recipient further agrees to hold the department harmless from any claim or damage including reasonable attorney's fees and costs of any fine or penalty imposed as a result of improper disclosure by the Recipient of confidential records whether public record or not and promises to defend the Department against the same at its expense. 4) Records necessary to document data required for status reports must be maintained in files that coincide with the report periods specified. These records may be maintained manually or electronically. c. Reports The Recipient agrees to maintain and submit to the Grant Manager and the Office on Homelessness the reports as outline below: Report Title Reporting 1 Report Due Date Number 1 DCF Office to Frequency i of 1 receive report(s) Copies Request for I Monthly 20t' of each I Grant Manager Reimbursement I month (Exhibit D) following j service 05i01 /2014 Grant Agreement # KPZ14 20 Emergency Solutions Grants Progran, Monthly and Monthly 2U' of each 9 Grant Manager Year to Date month HMIS following Activity Report service Quarterly 1 Quarterly 20( of month 9 Grant Manager Match I following the Report I end of the 1 quarter i Quarterly Quarterly 11 2 tn of month Grant Manager and CAPER following the I Office on Report end of the I Homelessness quarter Annual o,n Annually 1 2 of month i 1 Grant Manager and CAPER following the j Office on Report end of the Homelessness 1 1 I fiscal ear HUD Ann ual Annually 0 �of month Grant Manager and Performance followinq HUD Office on Report (Coq) date due Homelessness 1) The Recipient agrees to submit to the Grant manager, with Exhibit D, a monthly HMIS activity report on numbers and types of clients served for the reporting month and year to date (from the date of execution). 2) The Recipient agrees to submit to the Grant Manager and the Office on Homelessness the HMIS generated Consolidated Annual Performance and Evaluation Report (CAPER) at the end of each quarter. Complete and accurate reports are due in the format determined by the Office on Homelessness or the Grant Manager. 3) The Recipient agrees to submit to the Grant Manager and the Office on Homelessness the HUD Annual Performance Report (APR) on January 15, 2015 and June 15, 2015. Complete and accurate reports are due in the format determined by the Office on Homelessness and the Grant Manager. Reports are due not later than 20 days of the end of the reporting period. 4) The Department reserves the right to request and receive from the Recipient complete and accurate data that is required by this contract but may not be captured in HMIS. 5) Match Report. On a quarterly basis, the Recipient will report the matching expenditure dollars and in -kind contributions on the quarterly performance reports submitted to the Office on Homelessness. In -kind contributions may be evaluated and counted as all or part of the match. In addition, the Recipient may report match on invoices submitted for reimbursement for the corresponding month of service to the grant 0�1;0112014 21 Grant Agreement# KPZ14 Emergency Solutions Grants Program manager for approval. The report will be due not later than twenty (20) calendar days following the end of the quarter to the grant manager. Grant Managers may require additional reports regarding match as deemed necessary, and will request these from the Recipient if needed. 6) Where the grant agreement requires the delivery of reports to the Department, mere receipt by the Department shall not be construed to imply acceptance of those reports. It is specifically intended by the parties that acceptance of required reports shall constitute a separate act. 7) The Department reserves the right to reject reports as incomplete, inadequate or unacceptable according to the parameters set forth in the grant agreement. The Department, at its option, may allow additional time within which the Recipient may remedy the objections noted by the Department of the Department may, after having given the Recipient a reasonable opportunity to complete, make adequate or acceptable, and declare this agreement to be din default. 5. Performance Specifications a. Performance Measures Performance measures are proposed to be used jointly by the Department and the Continuum of Care planning lead agency to assess the performance of the Department's funded Recipients under the 2013 Emergency Solutions Grant. Recipients will be required to provide copies of the Department required reports to the lead agency at the same time the report is due to the Department. The Recipient will not be responsible for meeting performance measure 1), but will need to track data on this measure throughout the grant agreement term. Performance measures are: 1) A reduction in the number of households with children who are homeless in the Continuum of Care (CoC) area. 2) At least 35% of the participants served remain permanently housed 6 months following the last date assistance was provided under the grant. b. Performance Evaluation Methodology 1) Performance measure 1) above shall be calculated as follows: # of households with children who are homeless in the CoC as of - 07/01/2014 Number of households with children who are homeless in the CoC as of 06/30/2015 05/01,,'2014 GI -ant Agreement # KPZ14 22 Emergency Solutions Grants Program 2) Performance measure 2) above shall be calculated as follows: of participants served remaining permanently housed 6 months following last assistance Total number of clients served during the reporting period c. Performance Standards Statement By execution of this grant the Recipient hereby acknowledges and agrees that its performance under the grant must meet the standards set forth above and will be bound by the conditions set forth in this grant. If the Recipient fails to meet these standards, the Department, at its exclusive option, may allow up to six (6) months for the Recipient to achieve compliance with the standards. If performance deficiencies are not resolved to the satisfaction of the Department within the prescribed time, and if no extenuating circumstances can be documented by the Recipient to the Department's satisfaction, the Department must cancel the grant with the Recipient. The determination of the extenuating or mitigating circumstances is the exclusive determination of the Department. 6. Recipient Responsibilities a. The Recipient is solely and exclusively responsible for the satisfactory performance of the tasks described in the Tasks Limits section of the Attachment I and the approved grant application. By execution of the grant agreement, the Recipient recognizes its exclusive responsibility for the tasks, activities, and deliverables described herein and warrants that it has fully been informed of all relevant factors affecting accomplishment of the tasks, activities, and deliverables and agrees to be fully accountable for the performance thereof. The Recipient is also responsible for demonstrating compliance with all Federal requirements contained in the Grant Solicitation, and Federal Regulations governing the Emergency Solution Grants Program (24 CFR, Part 576 (2011) and HUD's December 5, 2011 Interim Rule, as amended). b. Coordination with other Providers/Entities 1) The Recipient shall be a member of the appropriate local homeless coalition, shall actively participate in coalition activities, and shall coordinate its efforts with those of the homeless coalition. 2) If there is a homeless continuum of care in the geographic area within which the Recipient resides, the Recipient shall collaborate and be a full and active participant in this multi -agency continuum. 3) If the homeless continuum of care (CoC) has established a coordinated assessment system, the Recipient agrees to accept referrals from members within the system, as described in a separate written agreement between the Recipient and the CoC. The Recipient will provide this 05i01/2014 Grant Agreement # KPZ14 23 Emergency Solutions Grants Program agreement to the Grant Manager and the Office on Homelessness within 30 days of execution. If no such system has been set up the Recipient agrees to participate in the system once it is developed and provide such a written agreement when executed. The system will be established according to the guidelines set in HUD's December 5, 2011 Interim Rule and any further guidance from HUD pertaining to the system and its implementation. 4) The failure of other providers, subcontractors or entities to perform tasks related to this grant agreement, does not alleviate the Recipient from any accountability for tasks or services that the Recipient is obligated to perform pursuant to this grant agreement. 7. Department Responsibilities a. Department Obligations The Grant Manager will provide the Recipient any pertinent information received from the Office on Homelessness, and any information regarding grant opportunities or changes to the Emergency Solutions Grant Program by HUD or the Department. b. Department Determinations The Department has reserved the exclusive right to make certain determinations in this grant. The Department reserves the exclusive right to make any and all determinations which it deems are necessary to protect the best interests of the State of Florida and the health, safety, and welfare of the clients, whether those clients are served by the Department directly or through one of its grant agreement Recipients. The absence of the department setting forth a specific reservation of right does not mean that all other areas of the resulting grant agreement are subject to mutual agreement. The Department's determination of acceptable services or reports shall be conclusive. c. Monitoring Requirements The effectiveness of the Recipient's performance of services purchased under this grant agreement will be monitored both programmatically and administratively by representatives of the department in accordance with existing departmental procedures (CFOP 75-8). The monitoring will be performed by review of reports, monthly expenditure statements and may be by on -site review of records, reports, policies, and procedures. 051;0 1/2014 Grant Agreement # KPZ14 24 Emergency Solutions Grants Program C. Method of Payment Cost Reimbursement: Costs associated with carrying out services under this grant agreement will be first be paid by the Recipient. The Recipient will submit invoices for eligible costs to the Department for reimbursement. 1. This is a cost reimbursement grant. The Department shall reimburse the Recipient for allowable expenditures incurred pursuant to the terms of this grant agreement for a total dollar amount not to exceed S76,598.00, subject to the availability of funds, and the Recipient's required match of 100 percent. This project is funded by an Emergency Solutions Grant for the homeless from the U.S. Department of Housing and Urban Development. 2. The Recipient shall request reimbursement on a monthly basis through the submission of a properly completed Request for Reimbursement, Exhibit D, not later than twenty (20) days following the end of the month for which reimbursement is being requested. Charges must have supporting documentation attached. The invoice and the documentation must be submitted to the Grant Manager. 3. Payment may be authorized only for allowable expenditures on the Invoice which are in accordance with the limits specified in the approved Budget, Exhibit B, and in accordance with the Recipient's proposal submitted to the Department of Children and Families for the Emergency Solutions Grant Program and its applicable program component. 4. If no services are due to be invoiced from the preceding month, the Recipient shall submit a written document to the Department indicating this information within thirty (30) days following the end of the month. 5. Financial Consequences Failure of the Recipient to perform under the terms of the grant agreement and pursuant to Chapter 201-154, Laws of Florida and section 215.971 (1)(c), Florida Statues shall result in a financial penalty being assess on the Recipient. The Department, after determining the absence of mitigating circumstances, shall assess a penalty of 2% of the monthly invoice for any month of noncompliance. The amount will be deducted from the payment for the noncompliant month. If the failure occurs at the end of the grant agreement term, the Recipient will be penalized 2% of the last invoice to be reimbursed or the last invoice that has been reimbursed by the Department. The Recipient shall make payable to the Department the amount of the penalty within 30 days after being notified in writing by the grant manager. If the Recipient fails to reimburse the Department, the Department has to the right to refuse to grant any new grant agreement or contract awarded through the Department for any services, until said reimbursement is received. 05/01/2014 Grant Agreement # KPZ14 25 Emergency Solutions Grants Program 6. Supporting Documentation Requirements Documentation of all expenses incurred under a cost reimbursement grant must accompany the properly completed invoice. Documentation includes but is not limited to the following: a. Professional Service Fees on a time/rate basis. The invoice must include a general statement of the services being provided. The time period covered by the invoice, as well as the hourly rate times the number of hours worked, must be stated. Supporting documentation must be included detailing the hours represented on the invoice. Such documentation should include timesheets or a time log and copies of canceled payroll checks. The State's Chief Financial Officer (CFO) reserves the right to require further documentation on an as needed basis. b. Postage and Reproduction Expenses. Purchases made from outside vendors must be supported by paid invoices or receipts. Purchases for all in-house postage (e.g., postage meter) and reproduction expenses must be supported by usage logs or similar documents. c. Expenses. Receipts are required for all expenses incurred (e.g., office supplies, printing, long distance telephone calls, etc.) d. Travel. For all travel expenses, a department travel voucher, Form DFS— AA-15 (State of Florida Voucher for Reimbursement of Traveling Expenses) must be submitted. Original receipts for expenses incurred during officially authorized travel (items such as car rental and air transportation, parking and lodging, tolls and fares) are required for reimbursement. Subsection 287.058(1)(b), F.S., requires that bills for any travel expense shall be submitted in accordance with s. 112.061, F.S., governing payments by the state for traveling expenses. CFOP 40-1 (Official Travel of DCF Employees and Non -Employees) provides further explanation, clarification and instruction regarding the reimbursement of traveling expenses necessarily incurred during the performance of official state business. ESG funds may be used for travel when such travel is to HUD sponsored training. 7. Budget Changes. The Recipient must submit to the Department a written request for budget changes and obtain written approval before a change is implemented. Such changes between categories may be allowed if the following conditions are met: a. There is no change in the scope or objectives of the grant agreement. b. The changes do not increase or decrease the original dollar amount in the total budget. Grant Agreement # KPZ14 051/01/2014 26 Emergency Solutions Grants Program c. There is another category in the budget from which funds can be shifted. d. The changes do not involve establishing a new category or totally eliminating a category. e. Budget changes which do not meet the above conditions will require a properly executed grant agreement amendment, signed by the recipient and the department on or before the effective date for implementation of the specified change. 8. Service Delivery Documentation. The Recipient must maintain records documenting the total number of clients and names (or unique identifiers) of clients to whom services were provided and the date(s) on which services were provided so that an audit trail documenting service provision is available. Any payment requested under the terms of this grant agreement may be withheld until the evaluation and reports due from the Recipient, and adjustments thereto have been received and approved by the Department. 9. Match Requirements. Pursuant to Title 24, Part 576.51, Code of the Federal Regulations, a match of 100% is required on the part of the recipient. The match requirement may be satisfied by in -kind match subject to the following provisions: a. The value of materials used to improve/remodel, the fair market rental value of the space being utilized for the period and/or the lease expense paid by the organization or donated to the organization at fair market value. Volunteer services and donated professional services are to be valued at their actual fair market value within the community. For the purposes of the Emergency Solutions Grants Program, suitable match may be defined as any and all current or proposed recipient expenditures on behalf of the homeless program, so long as they are not other b. Emergency Solutions Grant funds or funds being concurrently used as match for other grants and projects. Eligible match includes the value of goods and services, buildings and land, equipment, furnishings, supplies, staff, administrative support, volunteer manpower, donations, grants, cash contributions, and rent, utility, insurance and maintenance expenditures. The match is to be dollar for dollar. Funds used for Emergency Shelter Grants match may not be concurrently utilized as match for other grants or funding sources. Recipient funds used to match previous Emergency Shelter Grants or Emergency Solutions Grants may not be used to match a subsequent Emergency Solutions Grant. c. There must be specific documentation as to the amount and source of all matching contributions. 051101,2014 Grant Agreement # KPZ14 27 Emergency Solutions Grants Program d. Matching funds must be provided after the date of the grant agreement is executed. 9. This grant agreement is exempt from the MyFloridaMarketPlace Transaction Fee in accordance with Rule 60-A1.032(1)(d), F.A.G. D. Special Provisions 1. Mandatory Reporting Requirements The Recipient and any subcontractor must comply with and inform its employees of the following mandatory reporting requirements. Each employee of the Recipient, and any subcontractor, providing services in connection with this grant agreement who has knowledge of a reportable incident shall report such incident as follows: (1) reportable incidents that may involve an immediate or impending impact on the health or safety of a client shall be immediately reported to the Grant Manager; and (2) other reportable incidents shall be reported to the Department's Office of Inspector General by completing a Notification/investigation Request (Form CF1934) and emailing the request to the Office of the Inspector General at ig complaints(o-)dcf.state.fl.us. The Recipient and/or subcontractor may also mail the completed form to the Office of the Inspector General, 1317 Winewood Boulevard, Building 5, Tallahassee, FL 32399-0700' or fax to 850-488-1428. A reportable incident is defined in CFOP 180-4, which can be obtained from the Grant Manager. 2. Dispute Resolution It is expected that the Recipient and the Department will agree to cooperate in resolving any differences concerning performance or in interpreting the grant agreement. Within five (5) working days of the execution of a grant agreement for services, each party shall designate one person to act as its representative for dispute resolution purposes, and shall notify the other party of the person's name, business address and telephone number. Within five (5) working days from delivery to the designated representative of the other party of a written request for dispute resolutions, the representatives will conduct a face-to-face meeting to resolve the disagreement amicably. If the representatives are unable to reach a mutually satisfactory resolution, the representatives shall make recommendations to the Secretary who has final authority to resolve the dispute. The parties reserve all their rights and remedies under Florida Law. 3. Employment Eligibility Verification a. Definitions. As used in this clause — "Employee assigned to the grant agreement" means all persons employed during the grant term by the Recipient to perform work pursuant to this grant agreement within the United States and its territories, and all persons (including subcontractors) assigned by the recipient to perform work pursuant to the grant agreement with the department. 05'0112014 Grant Agreement # KPZ14 28 Emergency Solutions Grants Program "Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime grant agreement or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime recipient or another subcontractor. b. Enrollment and verification requirements. The Recipient shall- 1) Enroll. Enroll as a recipient in the E-Verify program within 30 calendar days of grant award. 2) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility. All new employees assigned by the Recipient/subcontractor to perform work pursuant to the grant agreement with the DCF shall be verified as employment eligible within 3 business days after the date of hire. 3) The Recipient shall comply, for the period of performance of this grant agreement, with the requirement of the E-Verify program enrollment. 5) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the recipient's enrollment and deny access to the E-Verify system in accordance with the terms of the enrollment. In such case, the recipient will be referred to a DHS or SSA suspension or debarment official. 6) During the period between termination of the enrollment and a decision by the suspension or debarment official whether to suspend or debar, the Recipient is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the recipient, then the recipient must reenroll in E-Verify. c. Website information. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. d. Individuals previously verified. The Recipient is not required by this clause to perform additional employment verification using E-Verify for any employee whose employment eligibility was previously verified by the Recipient through the E-Verify program. e. Individuals performing work prior to the E-verify requirement. Employees assigned to and performing work pursuant to this grant agreement prior to 1 '15/01 '2014 Grant Agreement # KPZ14 0 1 29 Emergency Solutions Grants Program February 04, 2011 do not require employment eligibility verification through E- verify. f. Evidence. Evidence of the use of the E-Verify system will be maintained in the employee's personnel file. g. Subcontracts. The Recipient shall include the requirements of this clause, including this paragraph (g) (appropriately modified for identification of the parties), in each subcontract." 4. Health Insurance Portability and Accountability Act In compliance with 45 CFR s.164.504(e), the Recipient shall comply with the provisions of Attachment IV to this grant agreement, governing the safeguarding, use and disclosure of Protected Health Information created, received, maintained, or transmitted by the Recipient or its subcontractors incidental to Recipient's performance of this Contract. The provisions of the foregoing Attachment supersede all other provisions of Attachment I regarding HIPAA compliance. E. List of Exhibits 1. Exhibit A, HUD Homeless Definitions, Recordkeeping Requirements 2. Exhibit B, Budget 3. Exhibit 132, Budget Narrative 4. Exhibit C, ESG Minimum Habitability Standards Checklist 5. Exhibit D, Monthly Request for Reimbursement 05r01/2,314 Grant Agreement # KDZ14 30 Emergency Solutions Grants Program 50MEM ;il individual or famili, who lacks a riteu, regutar, and adequate mght-time resdenc.2. meaning' Li -era 'y 1: Has 3 primary nigh -time residence that is a )Ud�IC317 Cate gory or, ate pace not meant for human hap!taticn; is vng in a puloici,y or privately ocerated shelter designated -,, Provide temporari, J',unR arrangements : inc; uding congrepte sh,.tern, transitiona; housing, and lyotels and motels paid fcr by charitable crgarii:atons or by federal, state and local goverrim-ent prograrrisk �rr ,iiij is exiting an institution where lsthe has resided'or 90 days or lots and rho resided in an emergenc., shelter or place not meant for human haorta' ion 1mr-.ed;atel,,.' befrlre entering that institution V) j2: individual or family who will imminently lose -heir primary U-1 nighttime residence, pro%ided that: J LIJ innimmerit Risk of I il% residence- 4 4 days at the date of wd i be !as, within . 0 7 Category Homelessness application for homeless assistance, , 2 1 ii'l No subs&quent residence has been identified; and < 0 Iiiij The individual or family lacks the resources or support networks needed to obtain ather permanent housing EE"r L,Lj :3! unaccompanied youth under 25 years of age, or families vvith children anclyouth, who do not otherwise qualifier as homeless L) H ome ess under under this cle5nition, butyho: Category other Federal ji; 4re defined as homeless under the other listed federal L1..1 3 statutes statutes: ii'j Kaye not had a lease, ownership interest, of occupanty agreement in permanent housing during the 60 days prior to the homeless assistance application; Iiiii have experienced persistent instabOty as measured by two moves or more during in the preceding 60 days; AQJ, Irv] Can be axpected to continue in such status for an extended period of t' me due to special needs or barriers �4: Any indiv-Aual or family who: :j: is fleeing, or is attempting to fize-, domestic violence; Reeingj Iiij Kesz as no other rdence, Category A ttempnn g to itil Lacks the resources or suppor, ne-works to obtain other 4 Flee D"y? permanent housing 05/01!2014 Grant Agreement # KPZ14 31 Emergency Solutions Grants Program ji" Has an annual income be ow 3213t of nned,an tam, income for the area'.Lla (ij) oes not have suffsc,ent rEscurCe-3 or support n—wiork; immed:ate y 3•aai Riot= •to preyent them from mov,r.= to an emergenc-sheter or another! ace defined in Category I of the "home ess" de-finition, Lia ji', M eat 3 ore of the following cor J ition s: (Al Has moved because of economic reasons 2 or more times during the 60 days immediately preoscling the application for assistance, OF 16,11, living in the home of another because of economic hardship: C", LLI z (C) Has been notified that their right to occupy their z L'I Category indvicluals and current housing or living situation voi I be LA 1 Families terminatedwith-In 21 days after the date of U-1 WJ _J application for assistance: ')R 0 Lit! :2 (D) Lives in a hote or motel and the cost is not paid cj:: 0 for by chartab,e organizations or by Federal, State, 0 U_ = or local government programs for low-income < LA_ individuals, OR 0 E� (El Lives in an SRO or efficvercy apartment unit inLU ttI which there res'�de more than 2 persons or Irves in a rr­ larger housing unit in vihich there resSde more than L) one and a ha f persons per room-, OR tF) is exiting a publicly funded institution or system of care; OR (G) Otherwise lives in housing that has characteristics associated with insTabi ity and an increased risk of homelessness, as Ideriffi-d in the recipient's approved Con Plan Unaccompanied A child oryouth who does not qualiN as home ess under Category Chi dren and the home•ess definition, but qua des as homeless under 2 Youth another Federal statute — An unaccompanied youth vho does not qua ity as Families pith homeless under the home ess definition, but qualifies as Category Chi dren and homeless under saiction 725,"21 of the McYinney-'lento 3 Youth Homeless Assistance Act, and the parentis! or guardian's) or that child or,,I-outh it li�.,ingg ootth, him or her. 05/01 i2014 Grant Agreement # KPZ14 32 Emergency Solutions Grants Program ,.rjtten oIbser,.3*on b, the outreach ,ti orke r or v%-i7-en Teferab I another hoc -sing or Pra roe', ;L 7-e,v?Ica l,+on by me ndioduaj or head clf nousehold seeilng i 3ssj,, an ze satln� -not lsllh� c llg on t7le or Sr; For ind!vidua:s etiling an inst,tution—one of the farms of Edlsnce above an,,, D dochar-2 Gaper' -on( c, wr-cn!'ofa' referra', I tten eocl D� r-,tsskc wzrller's d-,e d i-aen:=e t ob-.ain abcve ev-dence ind vdual that thev exlte:o nsti-,ilion roust orcler rzsul,:-,gfrorn an evict:on action ninl-- in&vidual or fain that they Must lea 2-7 F t "Isk of i 2 For indivicljaand farndies ea�,ing a holre'or moze�—evide ace categori that they lack the fir ancial resources to staY; or 4 docum,e-nted and .,erified oral statement, and Certrrication that no subsequent residence has been dentined; n, el�r-certficLtion other wrtten document ta-non th atthe at en m ' P,: n resourcep "s" ry' -0 ndiVidual 'lack the financial resources and support necessary to ck he financial housing -u" h_ obtain permanent housing Uvl CY, state or local go -,riat C rtrfc n th� f" --a'. or 1 0 '1 _rumen, -m-t rtification by the nonproftt ar ­ P u P -P me, the n . , st the ird;,��idual or head of household seek- ng assistance met the �ua I r h -h -n a n " _ d or 0 a old seek o . er e ess o er _:,n e under another fade statute r h I another 'ede.1 s. "'e, ZI critera of hornelessness D h. F E e - a Certrficarzion of no PH in last 60 days, -t Cel-UNCaton by the indiv dual or head of household, and any at ava ilabl-a supporting documentation, that !sine has moved tvic, or tJ more times tn the past 60 days; 30.1 Documentation of specia' needs a[ 2 of more barriers 0 For Ocri'm service prv,-idt rs-- ,tn oral statement by the indiwiduslor head of household ls_ingj g_ seAm-f assistance viruch states: t1tFy are fleeintheV have no 4 to subsequent residence; and they !asi, resource s Statement Must be documented by a self-cert,fication or a cerrfication by Fie DV the intake wo0er For non-wiLVIr serwe orDwje-s: o oral statement by the individual or head of household seei:;ng assistance that they are lung. This,staternent is documented by a seff-certlfcation or tsy the caseworker- Where the saf t of the indvaiduaor family is not jeopardized -he oral statement must be venfed; ja;j cer-,if-,c3non by ".e indiVdual or heat of household that no subsequentresidence has been idenffed; and self-eertficanon, or other xri--n documentation that the ind'-w-dual or fam,fy lacks the financrai resources and support networks to obtain other permanent h nusing. 0 51,'0 120 14 Grant Agreement = KPZ14 33 • EMERGENCY SOLUTIONS GRANT ELIGIBLE GRANT ACTIVITIES FUNDING 1. Rapid Re -Housing A. Rental Assistance $28,000.00 B. Financial Assistance Costs $15,000-00 C. Services Costs $ 980.00 2. Homeless Prevention A. Rental Assistance $22,500-00 B. Financial Assistance Costs $ 3,000.00 C. Services Costs $ 620.00 3. HMIS $ 3,200.00 4. Administration $ 3,298.00 Total Budget $76,598.00 34 KPZ14 Monroe County Board of County Commissioners/ Social Services Budget !Narrative This funding, in the amount of $76,598,00 will enable us to serve approximately 30 eligible households that are in danger of losing permanent housing or assist them in securing housing. Detailed Budget Breakdown: 1) Rapid Re -Housing A. Rental Assistance $28,000.00 (Assist approximately 15 Households at average of $1,866.67) B. Housing Relocation and Stabilization Financial Assistance Costs $15,000.00 (Assist approximately 15 Households at average of $1,000.00 per Household for security deposits) C. Service Costs $ 980.00 (Three case managers time utilized to perform the above assistance -average time approximately 7% of their 40 hour work week) 2) Homeless Prevention A. Rental Assistance $22,500.00 (Assist approximately 15 Households at average of $1,500.00 per Household) B. Housing Relocation and Stabilization Financial Assistance Costs $ 3,000.00 (Assist approximately 15 Households at average of $200.00 per Households for utility bills, deposits) C. Services Costs $ 620.00 (Three case managers time utilized to perform the above assistance -average time approximately 7% of their 40 hour work week) 3) HMIS A. Cost of contributing data to HMIS for CoC $ 3,200.00 ($2,400.00 for 2 HMIS/Client Track user fees - $1,200.00 per user per year and $800.00 in staff salaries for the data entry) 4) Administrative Costs (cap 4.55yo) A. Local government $ 3,298.00 (Staff time consisting of Sr. Administrator, Compliance Manager and Director - approximately 3% of their 40 hour work week) 35 KPZ14 Exhibit C About this Tool The Emergency Solutions Grants (ESG) Program Interim Rule establishes different habitability standards for emergency shelters and for permanent housing (the Rapid Re -housing and Homelessness Prevention components). Emergency Shelter Standards. Emergency shelters that receive ESG funds for renovation or shelter operations must meet the minimum standards for safety, sanitation, and privacy provided in §576.403(b). In addition, emergency shelters that receive ESG funds for renovation (conversion, major rehabilitation, or other renovation) also must meet state or local government safety and sanitation standards, as applicable. • Permanent Housing Standards. The recipient or subrecipient cannot use ESG funds to help a program participant remain in or move into housing that does not meet the minimum habitability standards under §576.403(c). This restriction applies to all activities under the Homelessness Prevention and Rapid Re -housing components. Recipients and subrecipients must document compliance with the applicable standards. Note that these checklists do not cover the requirements to comply with the Lead -Based Paint requirements at §576.403(a). For more discussion about how and when the standards apply, see ESG Minimum Standards for Emergency Shelters and Permanent Housing, located at http://OneCPD.info/es. The checklists below offer an optional format for documenting compliance with the appropriate standards. These are intended to: 1. Provide a clear summary of the requirements and an adaptable tool so recipients and subrecipients can formally assess their compliance with HUD requirements, identify and carry out corrective actions, and better prepare for monitoring visits by HUD staff. 2. Provide a tool for a recipient to monitor that its subrecipient is in compliance with HUD requirements. Where non-compliance is identified, the ESG recipient can use this information to require or assist the subrecipient to make necessary changes. Prior to beginning the review, the subrecipient should organize relevant files and documents to help facilitate their review. For instance, this may include local or state inspection reports (fire -safety, food preparation, building/occupancy, etc.), or policy and procedure documents related to emergency shelter facility maintenance or renovations. Carefully read each statement and indicate the shelter's or unit's status for each requirement (Approved or Deficient). Add any comments and corrective actions needed in the appropriate box. The reviewer should complete the information about the project, and sign and date the form. This template includes space for an "approving official," if the recipient or subrecipient has designated another authority to approve the review. When the assessment is complete, review it with program staff and develop an action plan for addressing any areas requiring corrective action. 36 Exhibit[ instructions: Place a check mark in the co/re(tco|umn to indicate whether the property is approved or deficient with respect toeach standard. The property must meet all standards inorder tobeapproved. A copy of this checklist should be placed in the client file. Standard Approved Deficient 1. Structure and materials: The structure is structurally sound to protect the residents from the elements and not pose any threat to the health and safety of the residents. 2. Space and security: Each resident is provided adequate space and security I for themselves and their belongings. Each resident is provided an acceptable place to sleep. 3. Interior air quality: Each room or space has a natural or mechanical means of ventilation. The interior air is free of pollutants at a level that might threaten or harm the health of residents. 4. Water Supply: The water supply is free from contamination. 5. Sanitary Facilities: Residents have access to sufficient sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste. 6. Thermal environment: The housing has any necessary heating/cooling facilities in proper operating condition. 7. Illumination and electricity: The structure has adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There are sufficient electrical sources to permit the safe use of electrical appliances in the structure. 8. Food preparation: All food preparation areas contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary 9. Sanitary condition: The housing is maintained in sanitary condition. 10. Fire safety: a. There is a second means of exiting the building in the event of fire or other emergency. b. The unit includes at least one batte ry-o pe rated or hard -wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors are located, to the extent practicable, in a hallway adjacent to a bedroom. c. If the unit is occupied by hearing -impaired persons, smoke detectors i have an alarm system designed for hearing-im paired persons in each I bedroom occupied by a hearing -impaired person. h a sufficient number, but not less d. The public areas are equipped wit than one for each area, of batte ry-o pe rated or hard -wired smoke detectors. Public areas include, but are not limited to, laundry rooms, day care centers, hallways, stairwells, and other common areas. 11. Meets additional recipient/subrecipient standards (if any). sr KPZl4 I certify that I have evaluated the property located at the address below to the best of my ability and find the following: Property meets all ofthe above standards, Property does not meet all ofthe above standards. ESG Recipient Name: Program Participant Name: Street Address: Apartment: city: State: Zip: Evaluator Signature: Evaluator Name: Approving Official Signature (if applicable): Approving Official Name (if applicable): 38 Date ofreview: Date: MONTHLY REQUEST FOR REIMBURSEMENT Provider: Monroe County Emergency Solutions Grant Contract # KPZ14 Address: 500 Whitehead Street Key West, FL 33040 F E I D: 59-6000749 Reporting Period: Line hems Approved Budget Amount this Invoice ' Total ( Expenditures to Date Budget Remaining Rapid Re -Housing � Rental Assistance $28,000.00 Financial Assistance Costs $15,000.00 Services Costs $ 980.00 Homeless Prevention Rental Assistance $22,500.00 Financial Assistance Costs $ 3,000.00 Services Costs $ 620.00 HMIS $ 3,200.00 Administrative Costs $ 3,298.00 TOTAL $76,598.00 ( I I hereby certify that the above report is a true, accurate and correct reflection of the activities of this period; and that these expenditures reported are made only for items that are allowable and directly relate to the purposes of this referenced contract. Signature of Provider Agency Official Title of Provider Agency Official 39 KPZ14 ATTACHMENT 11 The administration of resources awarded by the Department of Children & Families to the provider may be subject to audits as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised, the department may monitor or conduct oversight reviews to evaluate compliance with contract, management and programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on -site visits by department staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed appropriate by the department. In the event the department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the department regarding such audit. The recipient further a-rees to comply and cooperate iv ith anv inspections. reviews, investigations, or audits deemed necessary by the department's inspector general. the state's Chief Financial Officer or the Auditor General. AUDITS PART I: FEDERAL REQUIREMENTS This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event the recipient expends W0,000 or more in Federal awards during its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager. In the event the recipient expends less than S500,000 in federal awards during its fiscal year, the recipient agrees to provide certification to the Department's Single Audit Unit and its contract manager that a single audit was not required. In determining the Federal awards expended during its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Children & Families, Federal government (direct), other state agencies, and other non -state entities. The deternmination of amounts of Federal awards expended should be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 1 33. as revised. The schedule of expenditures should disclose the expenditures by contract number for each contract Gvith the department in effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due the department shall be fully disclosed in the audit report package with reference to the specific contract number. Single Audit Information tor- Recipients of Recovery Act Funds: (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. I I 1-5) (Recovery Act) as required by Com-n-ess and in accordance �tiith 40 KP11-4 2 CFR 2i5.21 "Uniform Administrative Requirements for Grants and Agreements" and ONIB Circular A- 102 Common Rules pro GisIoils. recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A-102 is available at littp: wlNlv.lshitehouse.�aov omb circulars'a102 aIO2.html. (b) For recipients covered by the Sin<Je Audit Act Amendments of 1996 and OMB Circular A-13 "Audits of States, Local Governmcnts, and Non -Profit Organizations." recipients agree to separately identify the expenditures for Federal awards under the Recover,, Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF SAC) required by OMB Circular A-133. OMB Circular A-133 is available at http: lvww.tvhitehouse.goy/omb circularsal33a]33.html. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under item 9 of Part III on the SF` SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part ill on the SF -SAC. (c) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number. and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program. the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. (d) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. PART II: STATE REQUIREMENTS This part is applicable if the recipient is anon state entity as defined by Section 215.97(2), Florida Statutes. In the event the recipient expends S500,000 or more in state financial assistance during its fiscal year, the recipient must have a State single or project -specific audit conducted in accordance with Section 215.97, Florida Statutes: applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. The recipient agrees to provide a copy of the single audit to the Department's Single Audit Unit and its contract manager, in the event the recipient expends less than S500,000 in State financial assistance during its fiscal year, the recipient agrees to provide certification to the Departments Single Audit Unit and its contract manager that a single audit was not required. In determining the state financial assistance expended during its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Children & Families, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. in connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8). Florida Statutes. This includes Submission of a financial reporting package as defined by Section 215.97(2). Florida Statutes, and Chapters 10.550 or 10.650, Rules of the Auditor General. 1-he schedule of expenditures should disclose the expenditures by contract number for each contract with the department in effect during the audit period. The financial statements should disclose whether or not the matchin<, requirement vkas met for each applicable contract. All questioned costs and liabilities due the department shall be full, disclosed in the audit report package vk ith reference to the specific contract number.1'ARFi11:REPORi St:BMISSION' 41 RP714 Am reports, management letters. or other information required to be submitted to the department pursuant to this a,reement shall be submitted vti it hill 180 days after the end of the provider's fiscal year or within 30 days of the recipient's receipt of the audit report. whichever occurs first. directly to each of the followine unless otherwise required b\ t=lorida Statutes: A. Contract manager for this contract ( I copy) B. Department of Children & Families ( I electronic copy and management letter, if issued Office of the Inspector General Single Audit Gnit Building 5. Room 237 131 7 Winewood Boulevard Tallahassee. FL 32399-0700 Email address: s m_,k� m_,d t a deist ite tl.w, C. Reporting packages for audits conducted in accordance with OMB Circular A-133, as revised. and required by Part I of this agreement shall be submitted, when required by Section .320(d). OMB Circular A-133. as revised, by or on behalf of the recipient directly to the Federal Audit Clearinghouse using the Federal Audit Clearinghouses Internet Data Entry System at: http:_hartettct censu.5 (_'o� Gc collect ddendey.htill l and other Federal agencies and pass -through entities in accordance with Sections .320(e) and (f), OMB Circular A-133. as revised. D. Copies of reporting packages required by Part 11 of this agreement shall be submitted by or on behalf of the recipient directly to the following address: Auditor General Local Government Auditsl342 Claude Pepper Building. Room 401 1 1 1 West Madison Street Tallahassee, Florida 32399-1450 Email address: flaudgen local govt(cUaud.state.fl.us Providers, when submitting audit report packages to the department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for -profit organizations). Rules of the Auditor General, should include. when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report package was delivered by the auditor to the provider must be indicated in correspondence submitted to the department in accordance with Chapter 10.558(3) or Chapter 10.657(2), Rules of the Auditor General. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance v4ith the terms of this agreement for a period of sip: years from the date the audit report is issued and shall allow the department or its desi<unee. Chief Financial Officer or Auditor General access to such records upon request. file recipient shall ensure that audit \�orkinL, papers are made available to the department or its designee. Chief Financial Officer or Auditor General upon request for a period of three v ears from the date the audit report is issued, unless eytended in \rating h\ the department. 42 KP714 Attachment 11 1 11530111114��� 'CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS 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 an 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-LILL, "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, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Roman Gastesi. County Administrator Name of Authorized Individual Monroe County Name of Organization 1100 Simonton Street, Suite 190, Key West, FL 33040 Acoress of Organization Da ke KPZ1 Lt Application or Contract Number I-F 1 123 PDF 03 96 Page 4 3 ATTACHMENT IV This Attachment contains the terms and conditions governing the Provider's access to and use of Protected Health Information and provides the permissible uses and disclosures of protected health information by the Provider, also called `Business Associate." Section 1. Definitions 1.1 Catch-all definitions: The following terms used in this Attachment shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required by Law, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use. 1.2 Specific definitions: 1.2.1 "Business Associate" shall generally have the same meaning as the term "business associate" at 45 CFR 160.103, and for purposes of this Attachment shall specifically refer to the Provider. 1.2.2 "Covered Entity" shall generally have the same meaning as the term "covered entity" at 45 CFR 160.103, and for purposes of this Attachment shall refer to the Department. 1.2.3. "HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. 1.2.4. "Subcontractor" shall generally have the same meaning as the term "subcontractor" at 45 CFR § 160.103 and is defined as an individual to whom a business associate delegates a function , activity, service , other than in the capacity of a member of the workforce of such business associate. Section 2. Obligations and Activities of Business Associate 2.1 Business Associate agrees to: 2.1.1 Not use or disclose protected health information other than as permitted or required by this Attachment or as required by law; 2.1.2 Use appropriate administrative safeguards as set forth at 45 CFR § 164.308, physical safeguards as set forth at 45 CFR § 164.310, and technical safeguards as set forth at 45 CFR § 164.312; including, policies and procedures regarding the protection of PHI and/or ePHI set forth at 45 CFR § 164.316 and the provisions of training on such policies and procedures to applicable employees. independent contractors, and volunteers, that reasonably and appropriately protect the confidentiality, integrity, and availability of the PHI and/or ePHI that the Provider creates, receives, maintains or transmits on behalf of the Department: 2.1.3 Acknowledge that (a) the foregoing safeguards, policies and procedures requirements shall apply to the Business Associate in the same manner that such requirements apply to the Department. and (b) the Business Associate's and their Subcontractors are directly liable under the civil and criminal 44 KPZ14 enforcement provisions set forth atSection l34O4ofthe H|TECHAct and section 45CFR § 1645008nd 164.502(E) 8fthe Privacy Rule (42 U.S.C. 1320d-5 and 1320d-6). as amendeU, for failure to comply with the safeguards, policies and procedures requirements and any guidance issued bythe Secretary of Health and Human Services with respect to such requirements-, 21�4 Report tOcovered entity any use O[disclosure of protected health information not provided for by this Attachment of which it becomes aware, including breaches ofunsecured protected health information 8Grequired 8t45CFR 1S4.41O.and any security incident Ofwhich itbecomes aware: 2 1 5 Notifythe Department's Security Officer, Privacy Officer and the CODt[8[t K8@ng8raSsoon 8Spossible, but nolater than five /5\business days following the determination Ofany breach Orpotential breach Ofpersonal and confidential departmental data-, 2 1�0 Notify the Privacy Officer and Contract Manager within (24) hours of notification by the UGDepartment OfHealth and Human Services Ofany investigations, compliance reviews or inquiries by the US Department of Health and Human Services concerning violations ofH|PAA (Privacy, Security Breach). 2.1,7 Provide any additional information requested by the Department for purposes ofinvestigating and responding tO8breach; 2.1.8 Provide at Business Associate's own cost notice tOaffected parties no later than 45 days following the determination of any potential breach of personal or confidential departmental data Gsprovided in section 817.5681. F.8.; 2.1.9 Implement at Business Associate's own cost measures deemed appropriate by the Department toavoid Ormitigate potential injury t0anyperaODduetO8 breach or potential breach of personal and confidential departmental data; 2.1.10 Take immediate steps tOlimit oravoid the recurrence Cfany security breach and take any other action pertaining to such unauthorized access or disclosure required by applicable federal and state laws and regulations regardless of any actions taken bythe Department ; 2.1.11 In accordance with 45CFR 104.502/e\(1)(ii)aDd 164.308(b)(2). if applicable, ensure that any aubCoDt[a{tO[S that C[e@t8, rRcBive, rO@int8iD, or transmit protected health information 0nbehalf Ofthe business associate agree to the same restrictions, conditions, and requirements that apply to the business associate with respect tOsuch information. Business Associate's must attain satisfactory 8SgV[8nce in the form Of 3 written contract Or other written agreement with their business associate's or subcontractor's that meets the applicable requirements of1O45O4/e\(2) that the Business Associate O[ Subcontractor will appropriately safeguard the information. For prior contracts or other arrangements, the provider shall provide written certification that its implementation complies with the terms 0f45CFR 1O4532(d); 2 1.12 Make available protected health information in 8 designated [8COrd Set to covered entity as necessary to satisfy covered entity's obligations under 45 CFR 104524; 2.1.13 Make any amendment(s) to protected health information in a designated record set as directed Oragreed to by the covered entity pursuant tV45 CFR 164�520. or take other measures as necessary to satisfy covered entity's obligations under 45CFR 16452O: 2 1 14 Maintain and make available the information required to provide an accounting of disclosures to the covered entity as necessary to satisfy covered entity's obligations under45 CFR 184 520� 45 KPZ14 2.1 15 TOthe extent the business associate iStocarry out one Ormore Ofcovered entity's Ob|igEdiOO(G) under Subpart E Of 45 CFR Part 164. CODlp|y with the requirements OfSubpart Ethat apply tOthe covered entity iOthe performance of such Ob|igatiOn/S>: and 2.1�16 Make its internal practices,bDokS.ondrSCondS8vai|8b|Hto the Secretary Ofthe U.G. Department Of Health and Human Services for purposes of determining compliance with the H|PA\Rules. Seotimn3. Permitted Uses and Disclosures bwBusiness Associate 31 The Business associate may only use or disclose protected health information covered under this Attachment as listed below: 5.1.1 The Business Associate may use and disclose the Department's PHI and/or 8PH| received or created by Business Associate (or its agents and subcontractors) in performing its obligations pursuant to this Attachment. 3.1 2 The Business Associate may use the Department's PHI and/or ePHI received or created by Business Associate (or its agents and subcontractors) for archival purposes. 3.1.3 The Business Associate may use PHI and/or ePH|created O[received iOits capacity aomBusiness Associate ofthe Department for the proper management and administration of the Business Associate, if such use is necessary (a) for the proper management and administration of Business Associate 0[/b\tOcarry out the legal responsibilities OfBusiness Associate. 3.1.4 The Business Associate may disclose PHI and/or ePHI created or received in its capacity oeaBusiness Associate ofthe Department for the proper management and administration of the Business Associate if (a) the disclosure iorequired bylaw or(b)the Business Associate /1\obtains reasonable assurances from the person to whom the PHI @nd/Or8PH| is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person and (2) the person agrees tOnotify the Business Associate Ofany instances Ofwhich itbecomes aware in which the confidentiality and security of the PHI 8nd/OrePH| has been breached, 3.1.5 The Business Associate may aggregate the PHI and/or ePH|created or received pursuant this Attachment with the PHI and/or ePHI of other covered entities that Business Associate has inits possession through its capacity as a Business Associate of such covered entities for the purpose of providing the Department OfChildren and Families with data analyses relating to the health care operations Ofthe Department (as defined in45C.F�R 8184.501). 11.6 The Business Associate may de -identify any and all PHI aOd/OrBPH| received or created pursuant to this Attachment, provided that the d8-identification process conforms to the requirements Of45 CFR § 164 514(b) 3 1.7 Follow guidance in the H|PAA Rule regarding marketing, fundraising and research |OC8t8d atSections 45 CFR G 164501. 45CFFl § 164.508 and 45 CFR& 164514� 46 KPZ14 Section 4. Provisions for Covered Entity to Inform Business Associate of Privacy Practices and Restrictions 4.1 Covered entity shall notify business associate of any limitation(s) in the notice of privacy practices of covered entity under 45 CFR 164.520, to the extent that such limitation may affect business associate's use or disclosure of protected health information. 4.2 Covered entity shall notify business associate of any changes in, or revocation of, the permission by an individual to use or disclose his or her protected health information, to the extent that such changes may affect business associate's use or disclosure of protected health information. 4.3 Covered entity shall notify business associate of any restriction on the use or disclosure of protected health information that covered entity has agreed to or is required to abide by under 45 CFR 164.522, to the extent that such restriction may affect business associate's use or disclosure of protected health information. Section 5. Termination 5.1 Termination for Cause 5.1.1 Upon the Department's knowledge of a material breach by the Business Associate, the Department shall either: 5.1.1.1 Provide an opportunity for the Business Associate to cure the breach or end the violation and terminate the Agreement or discontinue access to PHI if the Business Associate does not cure the breach or end the violation within the time specified by the Department of Children and Families; 5.1.1.2 Immediately terminate this Agreement or discontinue access to PHI if the Business Associate has breached a material term of this Attachment and does not end the violation; or 5.1.1.3 If neither termination nor cure is feasible, the Department shall report the violation to the Secretary of the Department of Health and Human Services. 5.2 Obligations of Business Associate Upon Termination 5.2.1 Upon termination of this Attachment for any reason, business associate, with respect to protected health information received from covered entity, or created, maintained, or received by business associate on behalf of covered entity, shall: 5.2.1.1 Retain only that protected health information which is necessary for Business Associate to continue its proper management and administration or to carry out its legal responsibilities; 5.2.1.2 Return to covered entity, or other entity as specified by the Department or, if permission is granted by the Department, destroy the remaining protected health information that the Business Associate still maintains in any form: 5.2.1.3 Continue to use appropriate safeguards and comply with Subpart C of 45 CFR Part 164 with respect to electronic protected health 47 KPZ14 information to prevent Use Or disC|08UPe of the protected health information, other than aSprovided for iOthis Section, for aSlong as Business Associate retains the protected health iDfOrOadOD� 5 2 1 4 Not use or disclose the protected health information retained by Business Associate other than for the purposes for which such protected health information was retained and subject tothe same conditions set out atparagraphs 3.1 3 and 3.1.4above under "Permitted Uses and Disclosures ByBusiness Associate" which applied prior tOterrnin8UDn�and 5.2.1.5 Return tDcovered entity, Drother entity as specified by the Department or, if permission is granted by the Uep8rtrneDt, destroy the protected health information retained bybusiness associate when itiSnolonger needed bybusiness associate for its proper management and administration OrtOcarry out its legal responsibilities. 5.2.1.8 The obligations Cfbusiness associate under this Section shall survive the termination of this Attachment. Section 6. Miscellaneous 6.1 A regulatory reference in this Attachment to a section in the HIPAA Rules means the section aaineffect oraaamended. 8.2 The Parties agree to take such action as is necessary to amend this Attachment from time to time as is necessary for compliance with the requirements of the HIPAA Rules and any other applicable law. 6.3 Any ambiguity in this Attachment shall be interpreted to permit compliance with the H|PA\Ru|e8. 48 KPZ14