HomeMy WebLinkAbout2018-139JEFFREY R. SMITH, CPA, CGFO, CGMA
Clerk of Circuit Court & Comptroller
Finance Department
1801 271h Street
Vero Beach, FL 32960
TO: Board of County Commissioners
FROM: Elissa Nagy, Finance Director
THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller
DATE:, August 1, 2018
SUBJECT: Indian River County Grant Contract Subrecipient Awards
.As part of the federal government requirement under 2 CFR 200, Uniform Administrative Requirements,
Cost Principles, and Audit, Requirements for Federal Award, (commonly known as the Uniform Grant
Guidance), subrecipient agreements must be entered into and approved by the. Board of
County Commissioners for any new grants or updates to current grants. Based on the classification
of grant recipients, the Treasure Coast Homeless Services Council (TCHSC) is classified as a_ grant
subrecipient.
On September 19, 2017, the Board approved Housing and Urban Development (HUD) grants in the
.amount of $1,688,549. In reviewing those subrecipient grants,, the two grants listed below .were
not included. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must
be approved with TCHSC that encompasses the additional grants.
Continuum of Care - HMIS Grant #FL0116L4H091609 $35,400
Continuum of Care - HMIS Grant #FL0418L4H091604 $27,840
$63,240
Recommendation:
Approve the Indian. River County Grant Contract Subrecipient Award agreement with the TCHSC and
execute any related documents.
Attachments -
Indian River County Grant Contract Subrecipient Award with TCHSC with exhibits A -D
Indian River County Grant Contract
Subrecipient Award
This Grant Contract ("Contract") entered into
effective this
14th day of August,
2018 by and between Indian River County, a
political subdivision
of the State of
Florida, 1800 27th Street, Vero Beach
FL, 32960
("County")
and
Treasure Coast Homeless Services Council, Inc. ("Subrecipient"), 2525
St. Lucie Avenue,
Vero
Beach, FL 32960 (Address), 064340768 (Unique
Entity Identifier)
for Continuum of
Care
rg ants (Name of Subrecipient's Program).
Background Recitals
A. The County received see attached list - Exhibit A (Federal and/or State Award
Identification) ("Award") from the Department of Housing and Urban Development (HUD)
(Federal agency) on see attached list (date), the Award Date.
B. The Awards are for homeless rental assistance and homeless management information
system (i.e., administration of the programs).
C. The Federal Award Identification Numbers ("FAIN") for the Awards, if applicable, is see
attached list (FAIN).
D. The Catalog of Federal Domestic Assistance ("CFDA") Number for the Awards, if applicable, is
see attached list (CFDA). The total dollar amount made available under the Awards are $
see attached list.
E. The indirect cost rate for the Award, including if the de minimis rate is charge, per federal
regulations is up to 10 percent on rental assistance grants; however 7% has been agreed
upon between the County and TCHSC.
F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money
("Grant") for the Grant Period (as such term is hereinafter defined) on the terms and conditions
set forth herein.
G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period
(as such term is hereinafter defined) on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and
other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the parties agree as follows:
1. Background Recitals The background recitals are true and correct and form a material
part of this Contract.
2. Purpose of Grant The Grant shall be used only for the purposes set forth in the
complete proposal submitted by the Subrecipient attached hereto as Exhibit "B" and
incorporated herein by this reference (such purposes hereinafter referenced as "Grant
Purposes").
3. Research and Development The award under this Contract is not for research
activities, both basic and applied, and all development activities that are performed by
non -Federal entities. The term research also includes activities involving the training of
individuals in research techniques where such activities utilize the same facilities as
other research and development activities and where such activities are not included
in the instruction function.
4. Term The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal
year(s) see attached list ("Grant Period% Exhibit A). The Grant Period and
performance start date commences on see attached list.
Grant Funds and Payment. The approved Grants for the Grant Period is see attached
list ($63,240). The amount of federal funds obligated under this Contract by the
County to the Subrecipient is see attached list ($63,240). The total amount of the
Awards committed to the Subrecipient by the County is see attached list ($63,240).
The total amount of federal funds obligated to the Subrecipient by the County,
including the current obligation is see attached list ($63,240). The County agrees to
reimburse the Subrecipient from such Grant funds for actual documented costs
incurred for Grant Purposes provided in accordance with this Contract.
Reimbursement requests may be made no more frequently than monthly. Each
reimbursement request shall contain the information, at a minimum, that is set forth in
Exhibit "C" attached hereto and incorporated herein by this reference. All
reimbursement requests are subject to audit by the County. In addition, the County
may require additional documentation of expenditures, as it deems appropriate.
6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the
federal award. (The rate shall be based on either the County's federally negotiated
indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified
total direct costs)
7. Additional Obligations of Subrecipient.
7.1 Records. The Subrecipient shall maintain adequate internal controls in order to
safeguard the Grant. In addition, the Subrecipient shall maintain adequate records
fully to document the use of the Grant funds for at least three (3) years after the
expiration of the Grant Period. The County and its auditors shall have access to all
books, records, documents and financial Pages statements as required by the County
to meet federal requirements or by this Section for the purpose of inspection or audit
during normal business hours at the County's expense, upon five (5) days prior written
notice.
7.2 Compliance with Laws. The Subrecipient shall comply at all times with all
applicable federal, state, and local laws, rules, and regulations, including Title 2 US
Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida
Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions
of the Award.
7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance
Reports to the Finance Department of the County within 90 days following the
completion of the grant. These reports should include but not limited to grant
expenses and other statistics as required by the grants during the quarter, and the
progress the agency has made toward meeting their goals and objectives as they
stated in their RFP response.
7.4 Audit Requirements. If Subrecipient receives $100,000 or more in the aggregate
from all Indian River County government funding sources, the Subrecipient is required
to have an audit completed by an independent certified public accountant at the end of
the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal
year, the Subrecipient shall submit the audit to the Indian River County Office of
Management and Budget. The fiscal year will be as reported on the application for
funding, and the Subrecipient agrees to notify the County prior to any change in the
fiscal period of Subrecipient. The Subrecipient acknowledges that the County may
deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal
year is past due and has not been submitted within the 180 day period.
7.4.1 The Subrecipient further acknowledges that, promptly upon receipt of a
qualified opinion from their independent auditor, such qualified opinion shall
immediately be provided to the Indian River County Office of Management and
Budget. The qualified opinion shall thereupon be reported to the Board of County
Commissioners and funding under this Contract will cease immediately. The
foregoing termination right is in addition to any other right of the County to terminate
this Contract.
7.4.2 The Indian River County Office of Management and Budget reserves the right
at any time to send a letter to the Subrecipient requesting clarification if there are any
questions regarding a part of the financial statements, audit comments, or notes.
7.5 Insurance Requirements. Subrecipient shall, no later than February
5, 2019, provide to the Indian River County Risk Management Division
a certificate or certificates issued by an insurer or insurers authorized to
conduct business in Florida that is rated not less than category A-: VII by A.M. Best,
subject to approval by Indian River. County's risk manager, of the following
types and amounts of insurance:
(i) Commercial General Liability Insurance in an amount not less than
$1,000,000 combined single limit for bodily injury and property damage,
including coverage for premises/operations, products/completed operations,
contractual liability, and independent contractors;
(ii) Business Auto Liability Insurance in an amount not less than $1,000,000
per occurrence combined single limit for bodily injury and property damage,
including coverage for owned autos and other vehicles, hired autos and other
vehicles, non -owned autos and other vehicles; and
(iii) Workers' Compensation and Employer's Liability (current Florida statutory
limit)
(iv) In the event that children are supervised, Sexual Molestation Liability
Insurance in an amount not less than $1,000,000 each occurrence/claim.
7.6 Insurance Administration. The insurance certificates, evidencing all required
insurance coverages shall be fully acceptable to County in both form and content,
and shall provide and specify that the related insurance coverage shall not be
cancelled without at least thirty (30) calendar days prior written notice having been
given to the County. In addition, the County may request such other proofs and
assurances as it may reasonably require that the insurance is and at all times
remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole
responsibility to coordinate activities among itself, the County, and the Subrecipient's
insurer(s) so that the insurance certificates are acceptable to and accepted by
County within the time limits set forth in this Contract. The County shall be listed as
an additional insured on all insurance coverage required by this Contract, except
Workers' Compensation insurance. The Subrecipient shall, upon ten (10) days' prior
written request from the County, deliver copies to the County, or make copies
available for the County's inspection at Subrecipient's place of business, of any and
all insurance policies that are required in this Contract. If the Subrecipient fails to
deliver or make copies of the policies available to the County; fails to obtain
replacement insurance or have previous insurance policies reinstated or renewed
upon termination or cancellation of existing required coverages; or fails in any other
regard to obtain coverages sufficient to meet the terms and conditions of this
Contract, then the County may, at its sole option, terminate this Contract.
7.7 Indemnification. The Subrecipient shall indemnify and save harmless the County,
its agents, officials, and employees from and against any and all claims, liabilities,
losses, damage, or causes of action which may arise from any misconduct, negligent
act, or omissions of the Subrecipient, its agents, officers, or employees in connection
with the performance of this Contract.
7.8 Public Records. The Subrecipient agrees to comply with the provisions of
Chapter 119, Florida Statutes (Public Records Law). Specifically, the Subrecipient
shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the County in order to perform the service.
(2) Provide the public with access to public records on the same terms and conditions
that the County would provide the records and at a cost that does not exceed the
cost provided in chapter 119 or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, .at no cost, to the
County all public records in possession of the Subrecipient upon termination of the
Contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to the County in a format that is compatible with the information
technology systems of the County.
Failure of the Subrecipient to comply with these requirements shall be a material
breach of this Agreement.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772)226-1424
PUBLICRECORDSCa-IRCGOV.COM
Indian River County of the County Attorney
180127 th Street
Vero Beach, FL 32960
8. Termination. This Contract may be terminated by either party, without cause, upon
thirty (30) days prior written notice to the other party. In addition, the County may
terminate this Contract for convenience upon ten (10) days prior written notice to the
Subrecipient if the County determines that such termination is in the public interest.
9. Notice and Contact Information - Exceptas otherwise provided in this Contract, any
notice required pursuant to this Contract from either party to the other party must be
in writing and sent by certified mail, return receipt requested, or by personal delivery
with receipt. For purposes of all notices, 'the representatives of the County and
Subrecipient are:
County: Mike Smykowski, Budget Director
Indian River County
1801 27th Street
Building A
Vero Beach, FL 32960
Subrecipient: Louise Hubbard, Executive Vice President
Treasure Coast Homeless Services Council, Inc.
2525 St. Lucie Avenue
Vero Beach, FL 32960
10. Availability of Funds. The obligations of the County under this Contract are subject
to the availability of funds lawfully appropriated for its purpose by the Board of
County Commissioners of Indian River County.
11. Standard Terms. This Contract is subject to the standard terms attached hereto as
Exhibit D and incorporated herein in its entirety by this reference.
12. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's
sovereign immunity.
IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the
date first above written.
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
By: �
Commissioner Peter D. O'Bryan, C irman
BCC Approved: August 14, 2018
Attest: Jeffrey S ith, Clerk of ptroller
By:
eputy Cle
Approved: k, I I L --
Jason Brown, Cou ty A lministrator
a
Approve416gal suff y:
Dylan Reingold, County Attorney
SUBRECI ENT:—
By
NT:—By: Agency Name: Treasure Coast Homeless
Lou Hubbard, Executive Vice President Services Council, Inc.
Exhibit A
Indian River County BOCC
Continuum of Care Grants
Description/Grant Name Federal Award ID # CFDA# Amount Award Date Grant Period
CONTINUUM OF CARE - HMIS FI -04181-41-1091604 14.267 $ 27,840 02/15/17 01/01/18-12/31/18
CONTINUUM OF CARE - HMIS FI -01161-41-1091609 14.267 $ 35,400 02/15/17 09/01/17-08/31/18
SUBTOTAL OF AWARDS $ 63,240
Exhibit A
EXHIBIT B
CONSENT AGENDA
09/19/17
INDIAN RIVER COUNTY, FLORIDA
AGENDA ITEM
Assistant County Administrator/
Department of General Services
Date: May 2, 2017
To: The Honorable Board of County Commissioners
Thru: Jason E. Brown, County Administrator
Thru: Michael Zito, Assistant County Administrator
From: _ Brad Bernauer, Director County Human Services
Subject: HUD Grant Renewals for Homeless Management Information System
(HMIS) and Continuum of Care (CoQ Program
DESCRIPTION AND CONDITIONS:
The Federal Department of Housing and Urban Development (HUD) will continue offering-
permanent
fferingpermanent supportive housing to persons experiencing homelessness as well as services
including health care, and mental health counseling. Applications were submitted for Fiscal
Year (FY). 2016 Continuum of Care (CoC) Program and were officially awarded. The grants are
divided .into two categories: Supportive Housing Program Grants (HAMS) and Continuum of
Care (formerly Shelter Plus Care) Program. 'The grants are administered by the 'treasure Coast
Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division
of the State Health Department and Indian River County.
In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter
from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements.
Last year, the Board of County Commission approved the reimbursement of funds advanced by
the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements.
This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals
are received from the Jacksonville Office.
\110 1762 25".Eramcus_nas\msne\files-dRCG%AttnchmentsL597ce01-538c-dJ60-8fc•4-25] 3c%7ROc3 dnc
Page 15
Exhibit A
Page Two
HUD Grant Renewals for Homeless Management Information System (HM1S) and Continuum
of Care (CoC) Program
FY 2016 Grant Rene%val Projects
FL0338L4HO91603
2016 CocTRA 2
$ 69,816
FL036OL4HO91607
2016 Indian River CHRONICS
$ 91,344
FLO11914H091609
2016 New Chronics Renewal
$265,728
FL0113L41i091604
2016 COCwide TRA
$ 94,272
FL038OL4HO91602
2016 Family Rental Assistance
$ 88,116
FL0114L4H09.1609
2016 Alcobope Renewal
$ 69,816
FL04401,4H091605
2016 NEW HORIZONS TWO RENEWAL
$107,232
1 4i 1
201 1 I 1 xpanslon cnewa
35.4
i 4t 1 i
2016 ata wall Renewa
27,840
TOTAL:.
$ 849,564
TCHSC J7isec�"'
rcNsc Ditto
FUNDING:
These grants require NO MATCHING FUNDS from the county and there are no changes from
previous years in the way the funds are disbursed.
RECOMMENDATION: Staff recommends the Board: 1) Acknowledge the renewal of awards
by HUD in the aggregate amount of $849.564. 2) .Authorize the Budget Office to process
reimbursement requests from the TCIISC pursuant to the terms of the original grants. 3)
Approve the budget resolution amending the fiscal year 2016/2017 budget.
ATTACH111.ENTS:
U.S. Department of Housing and Urban Development letter of February 15, 2017 and
list of conditionally obligated funds awarded.
Exhibit A -Budget Resolution
2
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Page 16
i Iii( °: li:�.llEP:1kT:\tE\TUFIIOI;'Sl�'G.A1Ul�(t�.1NUE\'FLOP\IE;\T
c,l111111 WASHINGTON. DC :(4:'_7ik10
CWHC-_ nF X$SICt`.A-qT'ECRET.ARY
FOR C0.WML;%'M' PLANNING AND DE'. EL nPMENT
February 15. 20 17
Mr. Bradley Bernauer
Director, County Human Services
Indian River County Board of County Commissioners
ISO1.2 71h Streat
Vero Beach, FL 32960
Dear Mr. Bernauer:
Congratulations! I am delighted to inform you that the Fiscal Year (FY) 2016 Continuum
of Care (CoC) Program project application(s) )our organir;uion submitted was selected for
funding in the total amount of 5849.564.
The CoC Program is an important part of HUD's mission. 'Ws all over the country
continue to improve the lives of men, women, and childrea experiencing homelessness through
their local planning efforts and through the direct housing and service programs funded under the
FY -1016 CoC Program Competition. The programs and CoCs funded through the CoC Program
continue, to demonstrate their value by improving accowltability and performance every year.
I IUD commends your organization for its work and encourages it to continue to stria for
excellence in the fight against homelessness.
The conditionally obligated funds for your award(s) are detailed in the enclosure, which
lists:.the name(s) of the individual project(sl: the project number(s). and ilia specific amokint(s) of
ilia obligation(s) for each conditionally selected application. Your local field office mvill be sending
a letter to provide your organization with more information about finalizing your award(s),
including execution ofyour grant ngreement(s). Your organization will he able to access these
Rinds nrce all conditions are satisfied and the grant a;_rcement is fully executed.
Enclosure
Sincerely.
Clifford Tat at
General Deputy assistant Secretary
for Community• Planning and Development
�.r...hud.go. opa'nol.hud.gov
Page 17
Exhibit A
FL0338L41-1091603
2016 CoC TRA 3
569.816
FL036OL4HO91607
2016 Indian River CHRONICS
591,343
FLO1191.411091609
3016 New Chroncics Renewal
S265.728
!: L01131.4 HO91604
2016 COCwide TRA
S94.273
F1.038OL4HO91602
2016 FAMILY RENTAL ASSISTANCE
588,116
FLO 1141-4H091609
3016 Alcohope Renewal
569,816
FLO44OL4HO91605
2016 NEW' HORIZON'S TWO RENEWAL
5107'33
FLOIi6L4HO91609
3016 HMIS Expansion Renewal
535,400
F1.04181-41-1091604
2016 Data Quality Renewal
S_7.840
Total Awarded: S849,564
Page 18
EXHIBIT C
[From policy adopted by Indian River County Board Of County Commissioners on February 19, 2002]
"D. Nonprofit Agency Responsibilities After Award of Funding
Indian River County provides funding to all nonprofit agencies on a reimbursement basis
only.
All reimbursable expenses must be documented by an invoice and/or a copy of the canceled
check or credit card payment. Any expensenot documented properly to the satisfaction of the
Office of Management & Budget and/or the County Administrator may not be reimbursed.
If an agency repeatedly fails to provide adequate documentation, this may be reported to the
Board of Commissioners. In the event an agency provides inadequate documentationon a
consistent basis, funding may be discontinued immediately. Additionally, this may adversely
affect future funding requests.
Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For
example, no expenditures prior to October 1St may be.reimbursed with funds from the following
year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not
carried over to the next year unless expressly authorized by the Board of Commissioners.
All requests for reimbursement at fiscal year end (September 300) must be submitted on a timely
basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies
advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early
to mid October, since the Finance Department does not process checks for the prior fiscal year
beyond that point.
Each. reimbursement request must include a summary of expenses by type. These summaries
should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River
County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then
the _ method for this portion should be disclosed on the summary. The Office of Management &
Budget has summary forms available.
Indian River County will not reimburse certain types of expenditures. These expenditure types are
listed below.
P. Travel expenses for travel outside the County including but not limited to; mileage reimbursement,
hotel rooms, meals, meal allowances, per Diem, and tolls. Mileage reimbursement for local travel
(within Indian River County) is allowable.
b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation
pay policies, these must be provided from other sources.
c. Any expenses not associated with the provision of the program for which the County has awarded
funding.
d. Any expense not outlined in the agency's funding application.
The County reserves the right to decline reimbursement for any expense as deemed necessary."
Ky
EXHIBIT D
STANDARD TERMS FOR GRANT CONTRACT
1. Venue: Choice of Law: The validity, interpretation, construction, and effect of this Contract shall
be in accordance with and governed by the laws of the State of Florida, only. The location for
settlement of any and all claims, controversies„ or disputes, arising out of or relating to any part of
this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian
River County, Florida for claims brought in state court, and the Southern District of Florida for
those claims justifiable in federal court.
2. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous
negotiations, correspondence, conversations, agreements, and understandings applicable to the
matters contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Contract that are not contained herein.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements, whether oral or written. It is further agreed that no modification,
amendment or alteration in the terms and conditions contained herein shall be effective unless
contained in a written document signed by both parties.
3. Severability: In the event any provision of this Contract is determined to be unenforceable or
invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract,
and.every other term and provision of this Contract shall be deemed valid and enforceable to the
extent permitted by law.. To that extent, this Contract is deemed severable.
4. Captions and Interpretations: Captions in this Contract are included for convenience only and are
not to be considered in any construction or interpretation of this Contract or any of its provisions.
Unless the context indicates otherwise, words importing the singular number include the plural
number, and vice versa. Words of any gender include the correlative words of the other genders,
unless the sense indicates otherwise.
5. Independent Contractor. The Subrecipient is and shall be an independent contractor for all
purposes under this Contract. The Subrecipient is not an agent or employee of the County, and
any and all persons engaged in any of the services or activities funded in whole or in part
performed pursuant to this Contract shall at all times and in all places be subject to the
Subrecipient's sole direction, supervision, and control.
6. Assignment. .This Contract may not be assigned by the Subrecipient without the prior written
consent of the County.
35