Loading...
Item C08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 12-16-09 Division: Social Services Bulk Item: Yes -L No Department: Social Services Staff Contact PersoolPhone #: Sheryl Graham. 4510 ~ AGENDA ITEM WORDING: Approval of a Contract between the Southernmost Homeless Assistance League (SHAL) and the Monroe County BOCC whereby SHAL will provide labor to assist and comply with all Homeless Management Information System (HMIS) requirements as established by the Homeless Prevention and Rapid Re- Housing Program (HPRP) grant funding. All funds are paid by GRANT dollars. ITEM BACKGROUND: This is an annual contract that is contingent upon the Monroe County BOCC's receipt of HPRP funding. HMIS data entry and reporting are a requirement of HPRP funding. Monroe County BOCC will contract with SHAL so that SHAL can provide the HMIS data entry and reporting in accordance with the HPRP requirements. This cost is funded by a draw-down grant and no County match is required. PREVIOUS RELEVANT BOCC ACTION: On September 16, 2009, the BOCC approved and authorized execution of the Homeless Prevention and Rapid Re-Housing Program (HPRP) Grant Agreement (#KFZ28) between the State of Florida, Department of Children and Families and the Monroe County BOCC(SociaIServices). . CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval TOTAL COST: $17264 (maximum) BUDGETED: Yes ---X- No COST TO COUNTY: -0- SOURCE OF FUNDS: Grant Funds REVENUE PRODUCING: Yes ~ No NIA AMOUNTPER YEAR _$17,264 (maximum) _ APPROVED BY, County Auf OMB!Purchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPosmON: Revised 11/06 AGENDA ITEM # . MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Southernmost Homeless Assistance League (SHAL) Contract Effective Date: 10/01/2009 Expiration Date:9/30/20to Contract Purpose/Description: Contract between the Southernmost Homeless Assistance League (SHAL) and the Monroe County BOCC whereby SHAL will provide labor to assist and comply with all Homeless Management Information System (HMIS) requirements as established by the Homeless Prevention and Rapid Re-Housing Program (HPRP) grant funding. All funds are paid by GRANT dollars. Contract Manager: Sheryl Graham (Name) 4510 (Ext.) Social Services/Stop I (Department/Stop #) For BOCC meeting on 12/16/2009 Agenda Deadline: 12/0 1/2009 CONTRACT COSTS Total Dollar Value of Contract: Budgeted? Yes X No Grant: $17,264.00 County Match: $0 $17,264.00(maximum) Account Codes: Current Year Portion: $ 0 ~-~~- Estimated Ongoing Costs: $ J~yr (Not included in dollar value above) ADDITIONAL COSTS For: (eg. Maintenance, utilities, ianitorial, salaries, etc) CONTRACT REVIEW Date In Division Director 1//:;0/00/ Risk Mana~men~ t l r'?p rOt Yes 0 No g/' .tt, ~ ~ I' , ~S f~ No' O.M.B./Purch~ing Yes 0 County Attorney H \JA\oC\. Yes 0 No~ Comments: 5c~ Date Out OMB Form Revised 2/27/01 MCP #2 CONSULTING CONTRACT BETWEEN SHAL AND MONROE COUNTY THIS AGREEMENT, made and entered into this 1st day of October, 2009, A.D., by and between MONROE COUNTY, (hereinafter "County"), a political subdivision of the State of Florida whose address is 1100 Simonton Street, Key West, Florida, 33040 and the Southernmost Homeless Assistance League, a Florida Not-For-Profit corporation (hereinafter "SHAL" or "Consultant") whose address is 1100 Simonton Street, Suite 1-192, Key West, Florida, 33040. WITNESSETH: WHEREAS, the County received American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re- Housing Program (hereinafter "HPRP") funding as outlined in the Grant Agreement between Monroe County BOCC and the State of Florida, Department of Children and Families (Grant # KFZ28); and WHEREAS, the aforementioned grant has reporting requir~ments related to the Homeless Management Information System (hereinafter "HMIS) which is a locally administered, electronic data collection system that stores person-level information about clients who access the homes service system; and WHEREAS, SHAL as the local Continuum of Care (CoC) has expertise in complying with HMIS implementation,l"equirements, support, data coHection and entry, tracking, reporting, and monitoring; and WHEREAS, the County desires to employ the services of SHAL to ensure the HMIS related requirements are met; and WHEREAS, SHAL is willing to provide the HMIS related services now, therefore, IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, County and Consultant agree as follows: 1.0 SCOPE OF SERVICES The Consultant agrees to provide the County with 20 hours of grant reporting and HMIS implementation, requirements, support, data collection and entry, tracking, reporting, and monitoring services per week. The position shall be staffed at the Gato building located at 1100 Simonton Street, Key West, Florida and shall not require any driving as part of the Consultant's responsibilities {)I"serviees. A. CONSUlANT'S RESPONSffiILITIES Supervision and Personnel The Consultant shall supervise and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with this agreement. B. SERVICES It is expected that the Consultant shall provide the County with 1 (one) person for 20 hours per week for the purposes of grant reporting and HMIS implementation, requirements, support, data collection and entry, tracking, reporting, and monitoring services. The Consultant agrees that no driving shall be required in order to provide the services and all of the services shall be provided and performed at the Gato Building located at 1100 Simonton Street, Key West Florida. C. LAWS AND REGULATIONS The Consultant shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable laws and regulations, the County shall not be responsible for monitoring the Contractor's compliance with any laws or regulations. 2.0 THE CONTRACT SUM The County shall pay the Consultant for the faithful performance of said service on an hourly basis, not to exceed 20 hours per week. Consultant shall invoice the County on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Consultant shall invoice the County monthly for services rendered. The amount shall be as follows: $16.60 per hour. 3.0 TERM OF CONTRACT A. This contract shall be for a period of one (1) year, commencing October 1, 2009, and terminating September 30,2010. B. The County shall have the option to renew. this agreement after the ftrst year, and each succeeding year, for three additional one year periods or as long as the grant is in effect. 4.0 HOLD HARMLESS The Consultant covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Consultant or any of its agent(s) in any tier, occasioned by the negligence, errors, or other wrongful acts or omissions of the Consultant or its agents in any tier, their employees, or agents. The first ten dollars ($10.00) of remuneration paid to the Consultant is for the indemnification provided for above. The extent of liability.is in no way Umited to, reduced,. or lessened by the insurance requirements contained elsewhere within this agreement. 5.0 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Consultant is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find the Consultant or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 2 6.0 ASSURANCE AGAINST DISCRIMINATION County and Consultant agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Consultant agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255),as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or fmancing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 7.0 ASSIGNMENT/SUBCONTRACT The Consultant shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Consultant, which approval shall be subject to such conditions and provisions as the Board maydeem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub-consultant shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed-upon price of the services of the Consultant. 8.0 COMPLIANCE WITH LAW In providing all services pursuant to this agreement, the Consultant shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, includingthq~ no", in effect and h~reinafteru<i<lo-pt~._ AtIy viol<ition Qfsa.ktstatutes, Qrdinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Consultant. The Consultant shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 9.0 INSURANCE Prior to execution of this agreement, the Consultant shall furnish the Owner Certificates of Insurance indicating the following minimum coverage: Worker's Compensation in the amount of statutory limits or Proof of Exemption 3 General Liability - $300,000 combined single limit Employee Dishonesty - $10,000. 10.0 FUNDING AVAILABILITY In the event that funds from the American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re-Housing Program are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the payment of the services specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the Consultant. The Board shall not be obligated to pay for any services provided by the Consultant after the Consultant has received written notice of termination. 11.0 PROFESSIONAL RESPONSIBILITY The Consultant warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The Consultant shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Consultant. 12.0 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Roman Gastesi County Administrator 1100 Simonton Street, Suite 2-257 Key West, FL 33040 And Monroe County Attorneys Office 1111 12th St. Suite 408 Key West, Fl. 33040 FOR CONSULTANT: SHAL Dr. Wendy Coles, Executive Director 1100 Simonton Street, Suite 1-192 Key West, Fl. 33040 13.0 CANCELLATION The County may cancel this contract for cause with seven (7) days notice to the Consultant. Cause shall constitute a breach of the obligations of the Consultant or his agent to perform the services enumerated as the Consultant's obligations under this contract. Either of the parties hereto. may cancel this agre~ment witliout c<lllseby giving th~ other party sixty (60) days written notice of its intention to do so. 14.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Consultant agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This agreement is not subject to arbitration. 4 A. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Consultant agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. B. Attorney's Fees and Costs. The County and Consultant agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. C. Adjudication of Disputes or Disagreements. County and Consultant agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. D. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Consultant agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 15.0 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the American Recovery and Reinvestment Act of 2009, Homeless Prevention and Rapid Re-Housing Program. 16.0 RECORDS Consultant shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Consultant pursuant to this Agreement were spent for purposes not authorized by this Agreement, 5 ;-'.. the Consultant shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Consultant. 17.0 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Consultant and their respective legal representatives, successors, and asSIgnS. 18.0 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 19.0 COVENANT OF NO INTEREST County and Consultant covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 20.0 CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 21.0 NO SOLICIT A TION/P A YMENT The County and Consultant warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Consultant agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 22.0 PUBLIC ACCESS The County and Consultant shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provi~ionsofGhapt~rl19, Floriqa St<ltut~, and m~e or r~c~iv~d bytheuCotlntY<l.mLConsultant in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Consultant. 23.0 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Consultant in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 6 24.0 PRNILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 25.0 LEGAL OBLIGATIONS AND RESPONSffiILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 26.0 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Consultant agree that neither the County nor the Consultant or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 27.0 ATTESTATIONS Consultant agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and Drug-Free Workplace Statement. 28.0 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 29.0 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, ea~bu9f which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 30.0 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 7 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date fIrst written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Date: (SEAL) Attest: CONSULTANT By: 46fMOK) Jdvn~ Witness Signature SU~S Print Name By: fLtVLt(1);ad kv gliAL Consultant SignatJt'e ~ftiE-He ffvo~L Print Name Title: ~ I JII~ IJ /20 10 If I , Date: The remainder of this page has been intentionally left blank.. 8 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 9 DRUG-FREE WORKPLACE FORM ~,~- The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or. contractual services that are under bid a copy of the statement specified in subsection (1). 4. ill the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the. United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF (Signature of Bidder) 10 COUNTY OF Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of ,200_. My commission expires: NOTARY PUBLIC II