Backup Documents 11/14/2017 Item #16D15 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4 V4 D 1 5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
r Route to Addressee(s) (List in routing order) Office Initials Date
1. Michelle Rubio Community& Human
Services (CHS) Division
2. County Attorney Office County Attorney Office It 04 J 1^7
3. BCC Office Board of County �4.-i\
Commissioners /7/ kkLk1v•--\
4. Minutes and Records Clerk of Court's Office
AC i ( l-tLt-t tl 3•.asps,,
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Frank Ellis,CHS Phone Number 252-5312
Contact/ Department
/
Agenda Date Item was November 14,2017 Agenda Item
Approved by the BCC Number 1 b/
U (5 V
Type of Document 2017 ESG Subrecipient Agreement for: Number of Original 3
Attached NAMI of Collier County,Inc. Documents
Attached
PO number or account
number if document is Y\ •
to be recorded r&1'Ur a o1A4 Lv1C,,.( s
d1Gt.. wei o g7cJ
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever Yes N/A(Not
appropriate. ) (Initial) Applicable)
1. Does the document require the chairman's original signature? s d K �-- 15
2. Does the document need to be sent to another agency for additiona 'ni atures? If - N/A
provide the Contact Information(Name;Agency;Address;Phone)on an a-. e s sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be FE
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the FE
document or the final negotiated contract date whichever is applicable. —
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's FE
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip FE
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on►iila`Ad all changes made during the N/A is not
meeting have been incorporated in the attached document. The County Attorney's ' ' an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the -" /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for thf, an option for
Chairman's signature. / this line.
i -11 II
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30 Q4--'
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FAIN # E-17-UC-12-0024E
Federal Award Date EST 10/2017
Federal Award Agency HUD
CFDA Name Emergency Solutions
Grant(ESG)
CFDA/CSFA# 14.231
Total Amount of $24,579.15
Federal Funds
Awarded
Subrecipient Name NAMI of Collier County,
Inc.
DUNS# 825230993
FEIN 65-0047747
R&D No
Indirect Cost Rate No
Period of Performance December 1, 2017—June
30, 2019
Fiscal Year End 6/30
Monitor End: 9/30/19
AGREEMENT BETWEEN COLLIER COUNTY
AND
NAMI of Collier County, Inc.
Rapid Re-Housing Assistance Project
THIS AGREEMENT is made and entered into this 1st_ day of December, 2017, by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or"Grantee")having
its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "NAMI of Collier County, Inc.",
a private not-for-profit corporation existing under the laws of the State of Florida, having its principal
office at 6216 Trail Blvd.,Building C,Naples,FL 34108.
WHEREAS,the COUNTY is an entitlement County of the United States Department of Housing
and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant
(ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance
and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento
Homeless Act(42 U.S.C. 11371-11378); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the
quality of life in Collier County by providing assistance for any of the following five (5) program
components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance
and Homeless Management Information System [HMIS]); and
WHEREAS,the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2017-2018 for the ESG Program at
the June 27,2017,Agenda Item 16.D.14 Board of County Commissioners meeting.
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by
the Parties as follows:
PART I
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Community and Human
Services Division(CHS),perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant ESG Program, Rapid Re-Housing Project:
Project Component One: Medium-term rental assistance
1. Project Tasks:
a. Maintain documentation on all households served in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement are to provide
housing stabilization services to include medium-term rental assistance as
necessary to help a homeless individual or family move as quickly as possible
into permanent housing and achieve stability in that housing. This assistance,
referred to as rapid re-housing assistance, may be provided to program
participants who meet the criteria under paragraph (1) of the "homeless"
definition in §576.2 or who meet the criteria under paragraph (4) of the
"homeless"definition and live in an emergency shelter or other place described
in paragraph(1)of the"homeless"definition.
1.1 GRANT AND SPECIAL CONDITIONS
A. The following resolutions and policies must be adopted by the Subrecipient's governing
body prior to the distribution of funds.
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Conflict of Interest Policy
® Procurement Policy
• Violence Against Women Act(VAWA)Policy
• Sexual Harassment Policy
• Fraud Policy
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B. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed, and approved by HUD.
Further,the Subrecipient will not undertake any activity or commit any funds prior to the
HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter.
Violation of this provision will result in the denial of any reimbursement of funds under
this Agreement.
C. Rent Reasonableness completed prior to occupancy and at the time of lease renewal.
D. Homeless Certification prior to occupancy.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the NAMI Rapid Re-Housing Project shall be as follows:
Description Federal Amount ESG Match 1:1
Project Component 1: $24,579.15 $24,579.15
ESG Match Requirement Documentation of $24,579.15
ESG Eligible
Matching Funds
Total Federal Funds: $24,579.15 $24,579.15
The Subrecipient will accomplish the following checked project tasks:
• Maintain and provide to the County,as requested,documented proof of homelessness
• Provide Quarterly Reports and project progress
• Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
B. Program Components/Eligible Activities
All services/activities funded with ESG funds must meet one of the ESG program components, as
defined in 24 CFR 576:
• Rapid Re-Housing Assistance: Fund may be used to provide housing relocation and
stabilization services and short- and/or medium-term rental assistance (including rental
application fees, security deposits, utility deposits or payments, last month's rent and
housing search and placement activities)to help a homeless individual or family move as
quickly as possible into permanent housing.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies NAMI Policies as stated in this Within thirty(60)days of
(Section 1.1) agreement agreement execution or prior to
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the distribution of funds
whichever is sooner
Insurance Insurance Certificate Within 30 days of agreement
execution and Annually within
thirty(30)days of renewal
Submission of Progress Report Exhibit C Quarterly Reports
Financial and Compliance Audit Exhibit D 9 Months after FY end
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Rental Exhibit B, along with proof of rent Monthly
Assistance to include but not payment as evidenced by canceled check/
limited to: Rental payment,Rental banking documents, utility deposit and/or
Arrearage, Utility deposits and/or monthly invoice canceled check/banking
payments, Rental application fees, documents, proof of homelessness (initial
Security deposits. payment only) lease agreement (initial
payment), landlord agreement (initial
payment only) and any other documents
requested
ESG Match Supporting Match documentation Monthly
1.3 PERIOD OF PERFORMANCE
Services of the Subrecipient shall start on the 1st day of December, 2017 of this
agreement and shall end on the 30th day of June, 2019. The services/activities of the
SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any
funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available TWENTY-FOUR THOUSAND FIVE HUNDRED
SEVENTY-NINE DOLLARS AND FIFTEEN CENTS $24,579.15 for use by the
SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the
"Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted
fund shifts between project components shall not be more than 10%and does not signify a change
in scope. Fund shifts that exceed 10% of a project component shall only be made with Board
approval.
All services/activities specified in Section I. Scope of Services and Exhibit "B" shall be
performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a
procedure acceptable to the COUNTY and that meets Federal requirements. The
SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and
qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration
shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project
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The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible
costs, and all disbursements requests must be limited to the amount needed at the time of the
request. Invoices for work performed are required every month. SUBRECIPIENT may expend
funds only for allowable costs resulting from obligations incurred during the term of this
agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not
yet prepared to send the required backup, a $0 invoice will be required. Explanations will be
required if two consecutive months of$0 invoices are submitted. Payments shall be made to the
SUBRECIPIENT when requested as work progresses but, not more frequently than once per
month. Reimbursement will not occur if Subrecipient fails to perform the minimum level of
service required by this agreement.
Final invoices are due no later than 90 days after the end of the agreement. Work performed
during the term of the program but not invoiced within 90 days after the end of the agreement
may not be processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to
180 days after the end of the agreement. Extensions must be authorized, in writing, by formal
letter to the Subrecipient.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known
as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. The Subrecipient may only incur direct costs that may be attributed specifically
to the projects referenced above as defined in 2 CFR 200.413. The Subrecipient must provide
adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and
vendors are conditioned upon compliance with the procurement requirements provided for in 2
CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in
compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart
E, however the County is Subject to 2 CFR Subpart E and may impose requirements upon the
Developer in order for the County to remain compliant with its obligation to follow 2 CFR
Subpart E. The Developer will use adequate internal controls, and maintain necessary source
documentation for all costs incurred and adhere to any other accounting requirements included in
this agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
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notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Frank Ellis,Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: frankellis@colliergov.net
Telephone: (239)252-5312
NAMI of Collier County, Inc.
SUBRECIPIENT ATTENTION: Pamela Baker, Executive Director
6216 Trail Boulevard, Building C
Naples, Florida 34108
Email: pbaker@namicollier.org
Telephone: (239)260-7300
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all records,
documentation and any other data relating to all matters covered by the agreement for review,
inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days
after receipt by the organization. Failure of the organization to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding of
future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in
accordance with current Grantee policy concerning Subrecipient audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this agreement, the ESG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the Subrecipient for the
purpose of this agreement shall be made available to the COUNTY, by the
SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials
identified in the previous sentence shall be in accordance with generally accepted
accounting principles (GAAP), procedures and practices, which sufficiently and properly
reflect all revenues and expenditures of funds provided directly or indirectly by this
agreement, including matching funds and Program Income. These records shall be
maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses
of whatever nature for which reimbursement is claimed under the provisions of this
agreement.
D. Upon completion of all work contemplated under this agreement, copies of all documents
and records relating to this agreement shall be surrendered to CHS, if requested. In any
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event,the SUBRECIPIENT shall keep all documents and records in an orderly fashion in
a readily accessible, permanent and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim or audit is started before
the expiration date of the five (5) year period, the records will be maintained until all
litigation, claim or audit findings involving these records are resolved. The COUNTY
shall be informed, in writing, if an agency ceases to exist after closeout of this agreement
of the address where the records are to be kept, as outlined in 2 CFR 200.336. The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to 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 public agency.
E. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD
Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on
the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR
576.100 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576.100-104, income certification, and written
agreements with beneficiaries,where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the public agency would provide the records and at a cost that
does not exceed the cost provided in this Chapter 119, Florida Statutes or as otherwise
provided by law. SUBRECIPIENT shall ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to
the COUNTY no later than nine (9)months after the Single Audit(or one hundred eighty(180)
days for Subrecipients exempt from Single Audit), after the Subrecipient's fiscal year end. The
COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT
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shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws, regulations, and policies governing the funds provided under this
agreement further defined by 2 CFR 200.331. Substandard performance, as determined by the
COUNTY, will constitute noncompliance with this agreement.If corrective action is not taken by
the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,
contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to
provide HUD, the HUD Office of Inspector General, the General Accounting Office, the
COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of
activities in this agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient
to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent
waste, fraud and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
a violation of the terms of this Agreement or of any law or regulation to COUNTY or to
any appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
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.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an
escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the entity
and will require a corrective action plan be submitted to the Division within 15 days
following issuance of the report.
• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
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• CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to
the Division, the Division may require a portion of the awarded grant amount be
returned to the Division.
• The County may require upwards of five percent (5%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an
issue that was previously corrected, and has been informed by the Division of their
substantial non-compliance by certified mail; the Division may require a portion of
the awarded grant amount or the amount of the CDBG investment for acquisition of
the properties conveyed,be returned to the Division.
• The Division may require upwards of ten percent (10%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant,the Division may recommend the contract or award be terminated.
• The Division will make a recommendation to the Board of County
Commissioners to immediately terminate the agreement or contract. The Entity
will be required to repay all funds disbursed by the County for project that was
terminated. This includes the amount invested by the County for the initial
acquisition of the properties or other activities.
• The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Division and is found to be non-
compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports
required by this agreement, and on the resolution of monitoring findings identified pursuant to
this agreement, as deemed necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January, April, July and October, respectively, for the prior quarter period end. As
part of the report submitted in October, the SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed-upon Program objectives, activities and
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expenditures and including, but not limited to, performance data on client feedback with respect
to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an example reporting
form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or designee, in the event of Program changes; the need for
additional information or documentation arises; and/or legislative amendments are enacted.
Reports and/or requested documentation not received by the due date shall be considered
delinquent and may be cause for default and termination of this agreement.
2.7 ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds,the financial sources necessary to continue to
pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement,which termination shall be effective as of the date that
it is determined by the County Manager or designee, in his or her sole discretion and judgment,
that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT
agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the
County Commissioners and/or County Administration, personally liable for the performance of
this Agreement, and the COUNTY shall be released from any further liability to
SUBRECIPIENT under the terms of this Agreement.
2.8 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT("FFATA")
FFATA reporting requirements will apply to any funding awarded by Collier County under this
Agreement in the amount of $25,000 or greater. The Subrecipient, as a Subrecipient, must
provide any information needed pursuant to these requirements. This includes entity information,
the unique identifier of the Subrecipient, the unique identifier of Subrecipient's parent, and
relevant executive compensation data, if applicable.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning
HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal,
State and Local laws, regulations, and policies governing the funds provided under this contract.
The SUBRECIPIENT further agrees to utilize funds available under this Agreement to
supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from payment of
all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers'
Compensation Insurance,as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, State or
governmental guidelines, policies and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and
must be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing ESG funds pertaining to this agreement. In
the event of curtailment or non-production of said federal funds, the financial sources necessary
to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In
that event,the COUNTY may terminate this agreement, which termination shall be effective as of
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the date that it is determined by the County Manager or designee, in his or her sole discretion and
judgment, that the funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any
individual member of the County Commissioners and /or County Administration, personally
liable for the performance of this agreement,and the COUNTY shall be released from any further
liability to SUBRECIPIENT under the terms of this agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act, omission, including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in
the name of the COUNTY and shall pay all costs(including attorney's fees)and judgments which
may issue thereon. This Indemnification shall survive the termination and/or expiration of this
Agreement. This section does not pertain to any incident arising from the sole negligence of
Collier County. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall
survive the expiration or termination of this Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S.DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD)AND COLLIER COUNTY COMMUNITY AND
HUMAN SERVICES"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity, to the general public. Construction signs shall comply with
applicable COUNTY codes.
3.8 DEFAULTS,REMEDIES AND TERMINATION
In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by
either the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for
such termination, the effective date, and, in the case of partial terminations, the portion to be
terminated. However, if in the case of a partial termination, the Grantee determined that the
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remaining portion of the award will not accomplish the purpose for which the award was made,
the Grantee may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations or provisions referred to herein, or
such statutes, regulations, executive orders, and HUD guidelines, policies or directives as
may become applicable at any time;
B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner
its obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement;
G. Failure to materially comply with the terms of any other agreement between the County
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the County may seek any
combination of one or more of the following remedies:
A. Require specific performance of the agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the County of all ESG funds that
SUBRECIPIENT has received under this agreement;
D. Apply sanctions, if determined by the County to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this agreement by giving written notice to SUBRECIPIENT of such
termination and specifying the effective date of such termination. If the agreement is
terminated by the County, as provided herein, SUBRECIPIENT shall have no claim of
payment or claim of benefit for any incomplete project activities undertaken under this
agreement.
3.9 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201.
Matching funds shall be provided after the date of the grant award. Funds used to match a
previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may
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[3,
comply with its requirement by providing the matching funds from any source, including any
Federal source other than the ESG program, as well as State, Local and private sources. The
SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit
those funds from being used to match ESG funds. In order to meet the matching requirement,the
matching contributions must meet all the requirements that apply to the ESG funds provided by
HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the
following:
1. Cash contributions; or
2. Non-cash contributions, calculated per requirements, in 24 CFR 576.201(e), include the value
of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's
ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds,the
costs would have been allowable.Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or of any lease, using a
method reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates
consistent with those ordinarily paid for similar work in the SUBRECIPIENT's
organization. If the SUBRECIPIENT does not have employees performing similar
work, the rates must be consistent with those ordinarily paid by other employers for
similar work in the same labor market.
3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching
requirements, provided the costs are eligible ESG costs that supplement the ESG program.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in
addition to any and all other remedies available to the COUNTY (whether under this Agreement
or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any
funds on hand at the time of termination (or expiration) and any accounts receivable attributable
to the use of ESG funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this agreement until
all insurance required, as outlined in Exhibit"A"and 2 CFR 200.310 has been obtained, and said
insurance shall be carried, at all times during SUBRECIPIENTS's performance under the
agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Emergency Solution Grant. (24CFR576 et seq.)
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318
through .326)and Collier County's purchasing thresholds.
Range: Competition Required
$0-$3,000 1 Verbal Quote
$3,000- $10,000 3 Verbal Quotes
$10,000-$50,000 3 Written Quotes
$50,000+ Bids,Proposals, Contracts(ITB, RFP, etc)
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.14 PROGRAM-GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
ESG funds disbursed under this agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Emergency Solutions Grant Program.Any "Program Income"(as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. In the
event there is a program income balance at the end of the Program Year, such balance shall revert
to the COUNTY's Community Block Grant Program,for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making
final payments, disposing of program assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY), and
determining the custodianship of records. In addition to the records retention outlined in Part 2.2,
the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation and retention. A conflict between State and Federal law records
retention requirements will result in the more stringent law being applied such that the record
must be held for the longer duration. Any balance of unobligated funds which have been
advanced or paid must be returned to the County. Any funds paid in excess of the amount to
which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that
complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in
accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed.
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3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this Agreement
on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon
receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this
Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3 residents,
in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of
1968, as amended(12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires
that to the greatest extent feasible employment and economic opportunities be directed to low and
very low income residents of the and that contracts for work in connection with the project be
awarded to business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and
families in constructing, renovating, maintaining and operating facilities assisted under ESG, in
providing services assisted under ESG, and in providing services for occupants of facilities
assisted under ESG. This involvement may include employment or volunteer services. Section 3
is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those
sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate
in the performance of this contract. As used in this contract, the terms "small business" means a
business that meets the criteria set forth in section 3(a)of the Small Business Act, as amended(15
U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one
(51)percent owned and controlled by minority group members or women. For the purpose of this
definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed
or Spanish-heritage Americans, Asian-Americans, and American Indians. The SUBRECIPIENT
may rely on written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
One Hundred percent(100%)of the beneficiaries of a project funded through this agreement must
be homelessness individuals or families, as defined by 24 CFR 576.2. Program eligibility will be
determined in compliance with 24 CFR 576.401
3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program, in keeping with the principles as provided in
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President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such
program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this agreement and that no person having any conflict of
interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT
covenants that it will comply with all provisions of 24 CFR 570.611, 2 CFR 200.318, and the
State and County statutes, regulations,ordinance or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an
entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may
review the proposed contract to ensure that the contractor is qualified and that the costs are
reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.
This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects
using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate
income residents of the project target area.
3.21 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum
habitability standards (Exhibit E) provided in 24 CFR 576.403(c) and all applicable State and
Local housing codes, licensing requirements and any other requirements in the jurisdiction in
which the housing is located regarding the condition of the structure and the operation of the
housing.
3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400
for consulting with the Continuum of Care and coordinating and integrating ESG assistance with
programs targeted toward homeless people and mainstream service and assistance programs
(Exhibit F).
3.23 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
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3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES
The SUBRECIPIENT must keep documentation evidencing the use of and written intake
procedures for the centralized or coordinated assessment system(s) developed by the Continuum
of Care in accordance with the requirements established by HUD and identified in 24 CFR
576.500(g).
3.25 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Section 24 CFR 576.406. The
SUBRECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on
the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State and Local governments and may
continue to carry out its mission, including the definition, practice and expression of its
religious beliefs, provided that it does not use direct ESG funds to support any inherently
religious activities, such as worship, religious instruction or proselytizing.
D. The funds shall not be used for the acquisition, construction or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG funds may not
exceed the cost of those portions of the acquisition, construction or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that a ESG
funded religious congregation uses as its principal place of worship, however, are
ineligible for ESG funded improvements.
3.26 INCIDENT REPORTING
If services to clients are to be provided under this agreement, the subrecipient and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation
of a child, aged person, or disabled adult to the County.
3.27 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations
regarding the ESG Program.
2. Environmental Protection Agency(EPA)regulations pursuant to 24 CFR Part 58, as amended.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended.
4. Title VI of the Civil Rights Act of 1964 as amended,along with Executive Order 13166
5. Title VIII of the Civil Rights Act of 1968 as amended
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
7. Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements
for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity
or Affirmative Action employer.
9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
10. The SUBRECIPIENT further agrees to comply with these "Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
A. "The work to be performed under this Agreement is a project assisted under a
program providing direct Federal financial assistance from HUD and is subject to
the requirements of Section 3 of the Housing and Urban Development Act of 1968,
as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the
project be awarded to business concerns that provide economic opportunities for
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low- and very low-income persons residing in the metropolitan area in which the
project is located."
11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the ESG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation (including reduction and abatement of
lead-based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the ESG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located, and
to low-and very low-income participants in other HUD programs.
12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
14. Contract Work Hours and Safety Standards Act,40 USC 327-332.
15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8.
16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as
applicable
17.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects.
19. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Community
Development Block Grant Contracts.
20. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607,
as revised by Executive Order 13279. The applicable non-discrimination provisions in Section
109 of the HCDA are still applicable.
21. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing
regulations at 24 CFR Part 100.
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22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall
constitute a breach of this agreement, and the County shall have the discretion to unilaterally
terminate this agreement immediately.
23. Prohibition Of Gifts To County Employees - No organization or individual shall offer or give,
either directly or indirectly, any favor,gift, loan, fee, service or other item of value to any County
employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics Ordinance
No. 2004-05,as amended,and County Administrative Procedure 5311.
24. Order of Precedence - In the event of any conflict between or among the terms of any of the
Contract Documents,the terms of the Agreement shall take precedence over the terms of all other
Contract Documents, except the terms of any Supplemental Conditions shall take precedence
over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be
resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict
shall be resolved by imposing the more strict or costly obligation under the Contract Documents
upon the Contractor at Owner's discretion.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this Agreement,
the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit
Court Mediator certified by the State of Florida. Should either party fail to submit to mediation
as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County,
Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
26. The SUBRECIPIENT agrees to comply with the following requirements:
Clean Air Act, 41 U.S.C. 7401, et seq.
Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to
inspection, monitoring, entry, reports and information as well as other requirements specified in
said Section 114 and Section 308 and all regulations and guidelines issued there under.
27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001
and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in
an area identified by Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and maintained.
If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would
satisfy this requirement and/or reduce the cost of said flood insurance.
28. All shelters assisted under the ESG program and all housing occupied by program participants
must adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C.
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4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-
4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such
regulations pertain to all HUD-assisted housing and require that all owners, prospective owners
and tenants of properties construction prior to 1978 be properly notified that such properties may
include lead-based paint. Such notifications shall point out the hazards of lead-based paints and
explain the symptoms, treatment and precautions that should be taken when dealing with lead-
based paint poisoning and the advisability and availability of blood lead level screening for
children under seven. The notice should also point out that if lead based paint is found on the
property, abatement measures may be undertaken. The regulations further require that, depending
on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment
and/or abatement may be conducted.
29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this agreement.
30. In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
31. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Free Workplace Act of 1988(41 U.S.C. 701).
32. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the
Agreement shall be in any way or to any extent engaged in the conduct of political activities in
violation of Chapter 15 of Title V of the U.S.C. (Hatch Act).
33. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not
knowingly enter into any lower tier contract, or other covered transaction, with a person who is
similarly debarred or suspended from participating in this covered transaction as outlined in 24
CFR 570.609, Subpart K.
34. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable, and agrees to adhere to the accounting principles and procedures required therein,
utilize adequate internal controls, and maintain necessary source documentation for all costs
incurred.
35. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty
(180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply
with the requirements and standards of OMB Audits of States, Local Governments, and Non-
Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report, the
COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
36. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in
Appendix A to 2 CFR Part 170
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37. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects
stated herein, and approved by the COUNTY in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to
the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and
disposition of property. A displaced person must be advised of his or her rights under the Fair
Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger
payment than is necessary to enable a person to relocate to a comparable replacement dwelling
(See 49 CFR 24.505(c)(2)(ii)(D).
38. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any
work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been placed on the
convicted vendor list maintained by the State of Florida Department of Management Services
within the 36 months immediately preceding the date hereof This notice is required by § 287.133
(3)(a),Florida Statutes.
39. Lobbying -No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
40. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions and shall comply with 24 CFR part 87.
41. The undersigned shall require that the language of this certification be included in the award
documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under
grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and
disclose accordingly;
42. 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.C. 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.
43. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem
rates in effect at the time of travel.
44.Any rule or regulation determined to be applicable by HUD.
45.Florida Statutes 119.021 Records Retention
46.Florida Statutes, 119.071,Contracts and Public Records
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47.Unaccompanied youth under 25 years of age,or families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2,but who are
defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C. 5732a(3)),
Section 637(11)of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)of the Violence
Against Women Act of 1994(42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A)of the Public Health
Service Act(42 U.S.C. 254b(h)(5)(A)), Section 3(m)of the Food and Nutrition Act of 2008 7
U.S.C.2012(m)), Section 17(b)(15)of the Child Nutrition Act of 1966(U.S.C. 1786(b)(15)),
Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2))
48. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and
Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines
(Signature Page to Follow)
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1IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: BOA' 11 . rOUNTY COMMISSIONERS OF
DWIGHT E.BROCK,CLERK COLLI,,' : TY,FLORIDA
IQ @ .L ,,(J r*« B //
By:
, :s'st as to Chai 4 lerk PENNY TI OR,CHA>� AN
signature only,°
Date: 1 ► \t'f=) , 1
• ' �rt of Collier County, Inc.
Dated: (4 -
(S AL) /
By: cQ.I G G ,46
Pamela Baker,E e utive Director
Date: /,e/`� ,/fey/7
Approved as to form and legality:
k..).\(-- c,i. '
Jennifer�B p 0
e
Assistant County Attorney `\4.
\d4
Date: ‘t\14:1—I 1
Item# OD t5
Agenda i1
Date l
OCT 25'17 RCVO
DatekReed
` .,Lk.\-
' 1;
Deputy Clerk I 4
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division,
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two (2) years
after the certificate of Occupancy is issued. Collier County shall be named as an additional
insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior
to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must
be kept in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EXHIBIT"B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name:National Alliance on Mental Illness of Collier County.
Subrecipient Address: XXXXXXXXXXXX
Project Name: Emergency Solutions Grant—Rapid Re-Housing Assistance Project
Project No: ES 17-10# 575 Payment Request#
Total Payment Minus Retainage:
Period of Availability: xx/xx/17 through xx/xx/19
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1.Grant Amount Awarded $
2.Sum of Past Claims Submitted on this Account $
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4.Amount of Today's Request $
5.10%Retainage Amount Withheld NA) $ NA
6.Current Grant Balance (Initial Grant Amount Award
request)(includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required$15,000 and above) (Approval Required $15,000 and
above)
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EXHIBIT"C"
Emergency Shelter Grants(ESG)Program Client
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2.Number of adults and children served:
a.Residential
Number of Adults
Number of Children
Number of Unknown Age
b.Non Residential
Number of Adults
Number of Children
Number of Unknown Age
3.Number of individuals/families served,by categories:
Number of individual households (singles)
Unaccompanied 18 and over Male Female
Unaccompanied 17 and under Male Female
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Number of Families with children
Headed by single 18 and over Male Female
Headed by single 17 and under Male Female
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4.Total project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment
b. vouchers for shelters i. transitional
c. drop-in center j. outreach
d. food pantry k. soup kitchen/meal distribution
e. mental health 1. health care
f. alcohol/drug m. HIV/AIDS services
g. child care n. other(please list)
5.Number of clients served by sub population (duplicated count):
a. Chronically Homeless f. Chronic Substance Abuse(alcohol
and/or drug)
b. Victims of Domestic Violence
g. Severely Mentally Ill
c.Elderly
h. Runaway/throwaway youth
d.Veterans
i. Other disability(Physical and/or
e.Individuals with HIV/AIDS Developmental)
(Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless
individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or
2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks Hotel/Motel
Group/Large House Other Apartment/Complex
Scattered Site Apartment Other Single Family Duplex
Single Family Detached House Other
Single Room Occupancy TOTAL
Mobile Home/Trailer
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)
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EXHIBIT "D"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all
appropriate documentation is provided regarding your organizations compliance.
In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards
based on when the activity related to the federal award occurs, including any Federal award provided by Collier
County. The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by OMB Circular A-133,for fiscal years beginning before December 26,2014,and established by 2 CFR
Part 200, Subpart F—Audit Requirements, for fiscal years beginning on or after December 26,2014. This form may
be used to monitor Florida Single Audit Act(Statute 215.97)requirements.
Subrecipient
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most
during most recently completed Fiscal Year recently completed Fiscal Year
$ $
Check A. or B.Check C if applicable
A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met
Eland a Circular A-133 or 2 CFR Part 200,Subpart F Single Audit has been completed or will be
completed by .Copies of the audit report and management letter are attached or will be
provided within 30 days of completion.
B.We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F
because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ ❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable,the independent auditor's management
letter.
C.Findings were noted,a current Status Update of the responses and corrective action plan is included
separate from the written response provided within the audit reports. While we understand that the
❑ audit report contains a written response to the finding(s),we are requesting an updated status of the
corrective action(s)being taken.Please do not provide just a copy of the written response from your
audit report,unless it includes details of the actions,procedures,policies,etc. implemented and when it
was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
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,. 6L .
EXHIBIT"E"
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Permanent Housing,as applicable:
24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG
funds to help a program participant remain or move into housing that does not meet the minimum
habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed
or add to these minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect
residents from the elements and not pose any threat to health and safety of the residents.
Any renovation (including major rehabilitation and conversion) carried out with ESG
assistance must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the
Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the
Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part
100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and
28 CFR part 35;where applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter
must provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a level that
might threaten or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the
shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the
shelter must have at least one working smoke detector. There must also be a second
means of exiting the building in the event of fire or other emergency.
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EXHIBIT "F"
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and
other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; developing the
performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds;
and developing funding,policies,and procedures for the administration and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs
targeted to homeless people in the area covered by the Continuum of Care or area over which the services
are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that
area. These programs include:
(1) Shelter Plus Care Program(24 CFR part 582);
(2) Supportive Housing Program(24 CFR part 583);
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for
Homeless Individuals(24 CFR part 882);
(4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6,
2008));
(5) Education for Homeless Children and Youth Grants for State and Local Activities (title
VII–B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services
Act(42 U.S.C. 290aa-5);
(7) Healthcare for the Homeless(42 CFR part 51c);
(8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42
U.S.C. 5701 et seq.));
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public
Health Service Act(42 U.S.C.290cc-21 et seq.));
(10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act);
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11331 et seq.));
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic
Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime
Control and Law Enforcement Act(42 U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act(38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program(38 U.S.C. 2043);
(15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61);
(16) Health Care for Homeless Veterans Program(38 U.S.C. 2031);
(17) Homeless Veterans Dental Program(38 U.S.C. 2062);
(18) Supportive Services for Veteran Families Program (38 CFR part 62); and
(19) Veteran Justice Outreach Initiative(38 U.S.C.2031).
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(c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY
must coordinate and integrate,to the maximum extent practicable, ESG-funded activities with mainstream
housing, health, social services, employment, education, and youth programs for which families and
individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of
these programs include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g)(24 CFR parts 905,968,and 990);
(2) Housing programs receiving tenant-based or project-based assistance under section 8 of
the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and
983);
(3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891);
(4) HOME Investment Partnerships Program (24 CFR part 92);
(5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265);
(6) Health Center Program(42 CFR part 51c);
(7) State Children's Health Insurance Program (42 CFR part 457):
(8) Head Start(45 CFR chapter XIII, subchapter B);
(9) Mental Health and Substance Abuse Block Grants(45 CFR part 96); and
(10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq. ).
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be established
by HUD, each ESG-funded program or project within the Continuum of Care's area must use that
assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the
screening, assessment and referral of program participants are consistent with the written standards
required by paragraph(e) of this section. A victim service provider may choose not to use the Continuum
of Care's centralized or coordinated assessment system.
(e) Written standards for providing ESG assistance. The COUNTY must have written standards for
providing ESG assistance and must consistently apply those standards for all program participants. The
recipient must describe these standards in its consolidated plan.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG;
(2) Standards for targeting and providing essential services related to street outreach;
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the
longest;
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families'needs for essential services related to emergency shelter;
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re-housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable);
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(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re-housing assistance;
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-
housing assistance;
(8) Standards for determining how long a particular program participant will be provided
with rental assistance and whether and how the amount of that assistance will be adjusted
over time; and
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide to a program participant, including the limits, if any, on the
homelessness prevention or rapid re-housing assistance that each program participant
may receive, such as the maximum amount of assistance, maximum number of months
the program participant receive assistance; or the maximum number of times the program
participant may receive assistance.
(0 Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable
database, in accordance with HUD's standards on participation, data collection, and reporting under a
local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a
comparable database that collects client-level data over time (i.e., longitudinal data) and generates
unduplicated aggregate reports based on the data. Information entered into a comparable database must
not be entered directly into or provided to an HMIS.
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EXHIBIT "G "
RAPID RE-HOUSING
The Subrecipient must assist each program participant,as needed,to obtain:
Supportive Services
A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health
treatment,mental health treatment,counseling, supervision, and other services essential for achieving
independent living; and
B. Other Federal, State, local, and private assistance available to assist the program participant in
obtaining housing stability, including:
A. Medicaid(42 CFR chapter IV, subchapter C):
B. Supplemental Nutrition Assistance Program(7 CFR parts 271-283);
C. Women, Infants and Children(WIC)(7 CFR part 246);
D. Federal-State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-
617, 625, 640, 650);
E. Social Security Disability Insurance(SSDI)(20 CFR part 404);
F. Supplemental Security Income(SSI)(20 CFR part 416);
G. Child and Adult Care Food Program(42 U.S.C. 1766(t)(7 CFR part 226));
H. Other assistance available under the programs listed in 24 CFR 576.400(c).
Participation of Homeless/Formerly Homeless Individuals:
The Subrecipient should make efforts to provide for participation of homeless individuals or formerly
homeless individuals on its board of directors or equivalent policy-making entity that considers and
makes policies and decisions regarding any facility, services, or other assistance received through this
Agreement. Further, to the maximum extent practicable, the Subrecipient shall involve homeless
individuals and families, through employment or as volunteers, in maintaining and operating facilities,
providing activities for, and providing services to occupants of facilities assisted through this agreement.
Confidentiality:
A. The subrecipient must develop and implement written procedures to ensure:
(i)All records containing personally identifying information(as defined in HUD's standards for
participation, data collection, and reporting in a local HMIS)of any individual or family who
applies for and/or receives ESG-RRHP assistance will be kept secure and confidential;
(ii)The address or location of any domestic violence,dating violence, sexual assault, or stalking
shelter project assisted under the ESG-RRHP will not be made public, except with written
authorization of the person responsible for the operation of the shelter; and
(iii)The address or location of any housing of a program participant will not be made public,
except as provided under a preexisting privacy policy of the subrecipient and consistent with state
and local laws regarding privacy and obligations of confidentiality.
B. The confidentiality procedures of the subrecipient must be in writing and must be maintained
in accordance with this section.
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Evaluation of Program Participant's Eligibility and Needs:
A. Evaluations: The Subrecipient must conduct an initial evaluation to determine the eligibility of each
individual or family's eligibility for ESG-RRHP assistance and the amount and types of assistance the
individual or family needs to regain stability in permanent housing. These evaluations must be
conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d)and the
written standards established under 24 CFR 576.400(e).
B. Re-evaluations for rapid re-housing assistance. (1) The Subrecipient must re-evaluate the program
participant's eligibility and the types and amounts of assistance the program participant needs not less
than once annually for program participants receiving rapid re-housing assistance. At a minimum,
each re-evaluation of eligibility must establish that:
(i) The program participant does not have an annual income that exceeds thirty percent (30)
percent of median family income for the area,as determined by HUD; and
(ii) The program participant lacks sufficient resources and support networks necessary to retain
housing without ESG-RRHP assistance.
C. The Subrecipient must require each program participant receiving ESG-RRHP assistance to notify it
regarding changes in the program participant's income or other circumstances(e.g., changes in household
composition)that affect the program participant's need for assistance under ESG-RRHP. When notified of
a relevant change,the Subrecipient must re-evaluate the program participant's eligibility and the amount
and types of assistance the program participant needs.
Rental Assistance Agreement:
The Subrecipient may make rental assistance payments only to an owner with whom the Subrecipient has
entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under
which rental assistance will be provided. The rental assistance agreement must provide that, during the
term of the agreement, the owner must give the Subrecipient a copy of any notice to the program
participant to vacate the housing unit, or any complaint used under state or local law to commence an
eviction action against the program participant.
The Subrecipient must make timely payments to each owner in accordance with the rental assistance
agreement. The rental assistance agreement must contain the same payment due date, grace period, and
late payment penalty requirements as the program participant's lease. The Subrecipient is solely
responsible for paying late payment penalties that it incurs with non-ESG-RRHP funds.
Leases:
The Subrecipient agrees that each program participant receiving rental assistance must have a legally
binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must
be between the owner and the program participant. Where the assistance is solely for rental arrears, an
oral agreement may be accepted in place of a written lease, if the agreement gives the program participant
an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently
documented by the owner's financial records, rent ledgers, or canceled checks. For program participants
living in housing with project-based rental assistance,the lease must have an initial term of one year.
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Case Management:
The Subrecipient must require each program participant to meet with a case manager not less than once
per month to assist the program participant in ensuring long-term housing stability; and
Develop a plan to assist the program participant to retain permanent housing after the ESG-RRHP
assistance ends, taking into account all relevant considerations, such as the program participant's current
or expected income and expenses; other public or private assistance for which the program participant
will be eligible and likely to receive; and the relative affordability of available housing in the area.
The Subrecipient is exempt from the requirement under paragraph(e)(1)(i) of this section if the Violence
Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services
Act (42 U.S.C. 10401 et seq.) prohibits that recipient or subrecipient from making its shelter or housing
conditional on the participant's acceptance of services
Tenant-Based Rental Assistance:
A. A program participant who receives tenant-based rental assistance may select a housing unit in which
to live and may move to another unit or building and continue to receive rental assistance, as long as
the program participant continues to meet the program requirements
B. The subrecipient may require that all program participants live within a particular area for the period in
which the rental assistance is provided.
C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i)The program participant moves out of the housing unit for which the program participant has a
lease;
(ii)The lease terminates and is not renewed; or
(iii)The program participant becomes ineligible to receive ESG-RRHP rental assistance.
D. When the Subrecipient enters into a rental assistance agreement with a participant/tenant ("RAP"), it
will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term
of the RAP unless Collier County terminates this Agreement or if any of the conditions occur that
warrant termination.
Affirmative Outreach:
The Subrecipient must make known that use of the facilities, assistance, and services are available to all
on a nondiscriminatory basis. If it is unlikely that the procedures that the recipient or Subrecipient intends
to use to make known the availability of the facilities,assistance, and services will to reach persons of any
particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for
those facilities and services, the Subrecipient must establish additional procedures that ensure that those
persons are made aware of the facilities, assistance, and services. The Subrecipients must take appropriate
steps to ensure effective communication with persons with disabilities including, but not limited to,
adopting procedures that will make available to interested persons information concerning the location of
assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI
and Executive Order 13166, Subrecipients are also required to take reasonable steps to ensure meaningful
access to programs and activities for limited English proficiency(LEP)persons.
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Meaningful Access to the ESG-RRHP Program for Limited English Proficient Persons:
Persons who,as a result of national origin, do not speak English as their primary language and who have
limited ability to speak,read,write, or understand English("limited English proficient persons"or
"LEP")may be entitled to language assistance under Title VI in order to receive a particular service,
benefit,or encounter. In accordance with Title VI of the Civil Rights Act of 1964(Title VI)and its
implementing regulations,the Subrecipient agrees to take reasonable steps to ensure meaningful access to
activities for LEP persons.Any of the following actions could constitute"reasonable steps", depending on
the circumstances: acquiring translators to translate vital documents, advertisements, or notices,acquiring
interpreters for face to face interviews with LEP persons,placing advertisements and notices in
newspapers that serve LEP persons,partnering with other organizations that serve LEP populations to
provide interpretation,translation, or dissemination of information regarding the project, hiring bilingual
employees or volunteers for outreach and intake activities,contracting with a telephone line interpreter
service, etc.
Terminating Assistance:
If a program participant violates program requirements, the Subrecipient may terminate the assistance in
accordance with a formal process established by the Subrecipient and this process shall recognize the
rights of individuals affected. The Subrecipient must exercise judgment and examine all extenuating
circumstances in determining when violations warrant termination so that a program participant's
assistance is terminated only in the most severe cases. To terminate rental assistance to a program
participant,the required formal process, at a minimum,must consist of:
A. Written notice to the program participant containing a clear statement of the reasons for termination;
B. A review of the decision, in which the program participant is given the opportunity to present written
or oral objections before a person other than the person(or a subordinate of that person)who made or
approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the Subrecipient from providing further assistance at a later date to the same
family or individual
Housing Quality Standards:
The Subrecipient cannot use ESG-RRHP funds to help a program participant remain or move into
housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c) as detailed in
Exhibit"F".
Lead-Based Paint Remediation and Disclosure:
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR
part 35, subparts A, B, H,J, K,M, and R apply to all housing occupied by program participants.
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