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HomeMy WebLinkAbout2024-200MEMORANDUM OF AGREEMENT BETWEEN Community Services of Indian River County, a political subdivision of the State of Florida AND State of Florida, Department of Health, Indian River County Health Department I. THIS AGREEMENT is entered into between State of Florida, Department of Health, Indian River County Health Department hereinafter referred to as the "Department', and Indian River County, a political subdivision of the State of Florida hereinafter referred to as "County", for the purpose of providing food pantry. II. THE PARTIES AGREE that the persons requesting these services are residents of Indian River County. III. The Department Agrees: A. To provide facility access to the site location. B. Provide a secure, clean location site at the proper temperature. C. Shelving to store goods six (6) inches from floor, ten (10) inches from ceiling, two (2) inches from the wall and shelving with sealed finish. D. Provide status reports on a regular basis to the County IV. The County Agrees: A. Ensure the program activities of the partnership are in compliance with Treasure Coast Food Bank regulations. B. Actively market the Food Pantry C. Remit payment for invoices for pantry inventory purchases V. The Parties Mutually Agree: A. This agreement shall begin on the date of the second signature below and continue through June 30, 2027 B. This Memorandum of Agreement may be terminated without cause by either party upon thirty (30) days written notice sent either by certified mail with proof of delivery or by hand delivering with proof of delivery. C. Contact for the Department shall be Miranda Swanson, Administrator mailing address: 1900 27th Street, Vero Beach, FL 32960 D. Contact for the County shall be Cindy Emerson, Community Services Department Director, mailing address: 1801 27th Street, Vero Beach, FL 32960 1 E. Insurance — the County shall maintain adequate liability insurance coverage to cover the performance of its responsibilities under this agreement. The County shall hold such liability insurance at all times during the existence of this agreement. The County accepts full responsibility for identifying and determining the type and extent of liability insurance coverage. The department, a state agency or subdivision, is self-insured through the State of Florida Risk Management Trust Fund established pursuant to section 284.30, Florida a Statutes, and administered by the State of Florida Department of Financial Services. The department certifies that it maintains and agrees to continue to maintain during the term of this agreement, general and professional liability protection coverage through the Risk Management Trust Fund, and that this protection extends to the Department of Health, its officers, employees and agents, and covers statutory liability exposure to the limitations described in section 768.28, Florida Statutes. The department will convey a copy of its current Certificate of Coverage upon request. Nothing herein shall be construed as consent by a state agency or subdivision to be sued by third parties or as waiver of sovereign immunity. F. Indemnification —Department and the County agree that each party shall be responsible for the liabilities of their respective agents, servants and employees, to the extent legally permissible to either party. As Department is an instrumentality of the State, Department has the statutory protection of sovereign immunity as described in Section 768.28, F.S. County is also subject to sovereign immunity as described in Section 768.28, F.S..Nothing herein is intended to serve as a waiver of sovereign immunity by any party to whom sovereign immunity may be applicable. The exclusive remedy for injury or damage resulting from such acts or omissions of County's or Department's agents, servants and employees is an action against the State of Florida. Nothing herein shall be construed to be consent to be sued by any third party. . G. Confidentiality — The parties shall maintain confidentiality of all protected health information, including client records related to the services provided pursuant to this agreement, in compliance with all applicable state and federal laws, rules and regulations. The parties agree to comply with the Health Insurance Portability and Accountability Act (HIPAA) and any current and future regulations promulgated thereunder, including 45 C.F.R. Parts 160, 162 and 164. The parties agree that policies related to the use and disclosure of protected health information shall be consistent with all controlling state and federal laws, rules and regulations, and be made available to the U.S. Department of Health and Human Services as required to discern compliance with federal privacy regulations. H. Independent Contractor — The parties are independent of each other. No relationship of employer/employee, principal/agent, or other association shall be created by this agreement between the parties or their directors, officers, agents or employees. The parties agree that they will never act or represent that they are acting as an agent of the other or incur any obligations on the part of the other party. I. It is understood by the parties the Florida Department of Health in Indian River County is a state agency subject to all provisions within Chapter 119, Florida Statues. Article I, Section 24, Florida Constitution, guarantees every person access to all public records, and Chapter 119, Florida Statutes, provides a broad definition of public record. As such, all contracts entered into by the Florida Department of Health in Indian River County and related materials are public records unless the information mentioned therein is protected under Section 381.83, F.S. or under any other provision of Florida law. This agreement shall always be construed in a way that complies with Chapter 119, Florida Statutes and all other Florida laws. 2 J. Complete Agreement - The terms and conditions set forth in this agreement constitutes all of the terms and conditions to which the parties have agreed, and no other terms or conditions shall be valid or binding on either party, unless reduced to writing, executed by both parties, and attached to this data use agreement as an amendment. K. Choice of Law and Venue - This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. With respect to any action arising out of this Agreement, the parties accept the exclusive jurisdiction of the state courts in Florida and agree that venue shall lie exclusively in Indian River County, Florida." L. Amendments - No modifications or amendment to the conditions contained herein shall be effective unless contained in a written document and executed by each party hereto. M. Waiver of Breach - The failure on the part of either party to enforce any material provision of this Agreement on any single occasion shall not constitute a waiver of the right to enforce any and all material provisions of this Agreement. N. Cooperation with the Inspector General - The parties acknowledge and understand that they have a duty to and will cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, pursuant to Section 20.055 (5), Florida Statutes. VI. IN WITNESS THEREOF, the parties hereto have caused this 4 -page agreement to be executed by their undersigned official as duly authorized. INDIAN RIVER COUNTY, FLORIDA Florida Department of Health in Indian River County . ^�"�OA1M/ss�• BOARD OF COUNTY COMMISSIONEF�'?F�;;• s i • ed by:hie By: c,�'n oseph E. Flescher, Chairman -> K- .Qfant Name: Miranda Swanson, MPH " fR COU�I�•"'Title: Administrator Date: -/ 7-//2==2 Attest: an L. Butler, C erk of Court and Comptroller By: Dep* Clerk Approve hn A. Tit anich, Jr. LZ County Administrator Approved as to form and legal sufficiency: zu "W'f . s nnifer . Shuler (,County Attorney 4 EXHIBIT "( U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 u� ��MOfiMd4� OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT February 26, 2024 Ms. Leigh Uribe Human Services Programs Coordinator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Ms. Uribe: Congratulations! I am delighted to inform you of the funding for your project(s) under HUD's Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2023 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants for a total of $1,181,964. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2023 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each project. HUD field office staff will notify you when they are available to process grant agreements; once all conditions are satisfied and the grant agreement is executed, your organization can expend funds. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Sincerely, Marion McFadden Principal Deputy Assistant Secretary Office of Community Planning and Development www.bud.gov espanol.hud.gov U.S. Department of Housing and Urban Development Office of Community Planning and Development *, 400 West Bay Street Suite 1015 Jacksonville, FL 32202 Grant Number: FL0114L411092316 Recipient's Name: Indian River County Board of Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: FB3SLJJZ38K9 Federal Award Date: 7/16/2024 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("this Agreement") is made by and between the United States Department of Housing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or "Grant Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2023 (Pub. L. 117-328, approved December 29, 2022) 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 et seq. (the "Act"); 3. the Continuum of Care Program rule at 24 CFR part 578 (the "Rule"), as amended from time to time; 4. and the Notice of Funding Opportunity for the fiscal year in which the funds were awarded; and 5. the Recipient's application submissions on the basis of which these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any information or documentation required to meet any grant award condition (collectively, the "Application"). The Application is incorporated herein as part of this Agreement, except that only the project (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement shall have the meanings given in the Rule. HUD's total funding obligation authorized by this grant agreement is $1,181,964, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the final HUD -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page 1 Grant No. Grant Term Performance Period Total Amount FL0114L4H092316 17 months 04-01-2024 - 08-31-2025 $1,181,964 a. Continuum of Care planning activities $0 b. Acquisition $0 c. Rehabilitation $0 d. New construction $0 e. Leasing $0 f. Rental assistance $1,181,964 g. Supportive services $0 h. Operating costs $0 i. Homeless Management Information System $0 j. VAWA $0 k. Rural $0 1. Admin Costs $0 m. Relocation Costs $0 n. HPC homelessness prevention activities: Housing relocation and stabilization services $0 Short-term and medium-term rental assistance $0 www.hud.gov espanol.hud.gov Page 2 Pre -award Costs for Continuum of Care Planning The Recipient may, at its own risk, incur pre -award costs for continuum of care planning awards, after the date of the HUD selection notice and prior to the effective date of this Agreement, if such costs: a) are consistent with 2 CFR 200.458; and b) would be allowable as a post -award cost; and c) do not exceed 10 percent of the total funds obligated to this award. The incurrence of pre- award costs in anticipation of an award imposes no obligation on HUD either to make the award, or to increase the amount of the approved budget, if the award is made for less than the amount anticipated and is inadequate to cover the pre -award costs incurred. These provisions apply to all Recipients: If any new projects funded under this Agreement are for project -based rental assistance for a term of fifteen (15) years, the funding provided under this Agreement is for the performance period stated herein only. Additional funding is subject to the availability of annual appropriations. The budget period and performance period of renewal projects funded by this Agreement will begin immediately at the end of the budget period and performance period of the grant being renewed. Eligible costs incurred between the end of Recipient's budget period and performance period under the grant being renewed and the date this Agreement is executed by both parties may be reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects may be drawn down by Recipient before the end date of the project's budget period and performance period under the grant that has been renewed. For any transition project funded under this Agreement the budget period and performance period of the transition project(s) will begin immediately at the end of the Recipient's final operating year under the grant being transitioned. Eligible costs, as defined by the Act and the Rule incurred between the end of Recipient's final operating year under the grant being transitioned and the execution of this Agreement may be paid with funds from the first operating year of this Agreement. HUD designations of Continuums of Care as High -performing Communities (HPCS) are published on HUD.gov in the appropriate Fiscal Years' CoC Program Competition Funding Availability page. Notwithstanding anything to the contrary in the Application or this Agreement, Recipient may only use grant funds for HPC Homelessness Prevention Activities if the Continuum that designated the Recipient to apply for the grant was designated an HPC for the applicable fiscal year. The Recipient must complete the attached "Indirect Cost Rate Schedule" and return it to HUD with this Agreement. The Recipient must provide HUD with a revised schedule when any change is made to the rate(s) included in the schedule. The schedule and any revisions HUD receives from the Recipient will be incorporated into and made part of this Agreement, provided that each rate included satisfies the applicable requirements under 2 CFR part 200 (including appendices). This Agreement shall remain in effect until the earlier of 1) written agreement by the parties; 2) by HUD alone, acting under the authority of 24 CFR 578.107; 3) upon expiration of the budget period and performance period for all projects funded under this Agreement; or 4) upon the expiration of the period of availability of Grant Funds for all projects funded under this Agreement. www.hud.gov espanol.hud.gov Page 3 HUD notifications to the Recipient shall be to the address of the Recipient as stated in the Recipient's applicant profile in e -snaps. Recipient notifications to HUD shall be to the HUD Field Office executing the Agreement. No right, benefit, or advantage of the Recipient hereunder may be assigned without prior written approval of HUD. Build America, Buy America Act. The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. The Agreement constitutes the entire agreement between the parties and may be amended only in writing executed by HUD and the Recipient. By signing below, Recipients that are states and units of local government certify that they are following a current HUD approved CHAS (Consolidated Plan). www.hud.gov espanol.hud.gov Page 4 S aftd wa •Pn�TS-J- noa Pny'MMAk lolzusrrnrup� X03 `�. E��L.' f :gig. -TaAWWV f y.a a . a ae a m.- -•tv aa• vfT - rnr -55a A4-..VaAOJOUV (moi t7zo.z, Z ATnf •:o.� s_-�.e ;a,e��a _ a s tac:, •mss (uoqE-Z!UVUt}3o`IU =Uorssr u }o pawg luno)_ss rZf LmPul is,m aH i1Z `9 T 41nr (Qp!l prm O=tq P��-L) ;uamdofaeaQ u q i�, ,I pup 2utsnon jo1{as4a3aa ,Vxl�mw, Aa s'Aid.Ls aXI.n. aseia idl.zql jojlrqz)quop*=xa,Cqmoqsiivaw:Dw2LsitLL Agency/Dept./Major Function Indirect Cost Schedule Indirect Cost Rate Direct Cost Base This schedule must include each indirect cost rate that will be used to calculate the Recipient's indirect costs under the grant. The schedule must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR §200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Base Allocation Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. To learn more about the indirect cost requirements, see 24 CFR 578.63; 2 CFR part 200, subpart E; Appendix IV to Part 200 (for nonprofit organizations); and Appendix VII to Part 200 (for state and local governments). www.hud.gov espanol.hud.gov Page 6 Enclosure FLO l 14L4HO92316 2023 Alcohope Renewal $1,181,964 Total Amount: $1,181,964 EXHIBIT B [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. Any expense not 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 documentation on 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 301h) 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 Comptroller Division 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. a. 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." EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 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.