Agenda 12/08/2015 Item #16D 112/8/2015 16.D.1.
/1"1 EXECUTIVE SUMMARY
Recommendation to approve the First Amendment to the agreement with Community Assisted and
Supported Living, Inc. for the implementation of the Shelter Plus Supportive Services Care
Program in Collier County to maintain compliance with updated U.S Department of Housing and
Urban Development (HUD) grant standards (no fiscal impact).
OBJECTIVE: To maintain compliance with the U.S Department of Housing and Urban Development
(HUD) grant standards and provide rental assistance to person with disabilities.
CONSIDERATIONS: The Shelter Plus Care (S+C) program links rental assistance to supportive
services for hard to serve homeless persons with disabilities (primarily those who are seriously mentally
ill; have chronic problems with alcohol, drugs, or both; or have acquired immunodeficiency syndrome
(AIDS) and related diseases). Supportive services include health care, mental health treatment, alcohol
and other substance abuse services, child care services, case management services, counseling,
supervision, education, job training, and other services essential for achieving and maintaining
independent living.
On October 11, 2011, (Agenda No. 16D1) the Chairman signed the grant agreement accepting the 2010
Continuum of Care (CoC) Shelter Plus Care (S+C) grant award from HUD in the amount of $81,840.
The agreement was terminated by the BCC June 25, 2013 (Agenda No. 16D11) under the HUD endorsed
plan to transfer sponsorship from Collier County to the Collier County Housing Authority to carry out the
program. However, it was discovered in mid 2014 that it was not fully executed by HUD. HUD
determined that the grant remained the responsibility of Collier County and on July 7, 2015, (Agenda No.
16D7) the Chairman reinstated and signed the grant agreement accepting the 2010 Continuum of Care
(CoC) Shelter Plus Care (S+C) grant award from HUD in the amount of $81,840.
On July 7, 2015, (Item 16D7) the BCC approved the subrecipient agreement between Collier County and
Community Assisted and Supported Living, Inc. (CASL) to provide the S+C program. Recently, the
audit circulars have changed, and the approved agreement cited the new 2 CFR Part 200 regulations.
Upon receiving guidance from HUD, it was determined that it is appropriate to amend the agreement
(tracked changes are shown in the attached amendment document) to incorporate the previous circular
requirements for all applicable grant agreement sections and Exhibit C (Annual Audit Monitoring
Report). The amendment also addresses some administrative changes, and adds two Exhibits. Exhibit G,
Rental Assistance Log, and Exhibit H, Shelter + Care Supportive Services Tracking Form, are added to
the agreement to provide guidance to the subrecipient on information required to be obtained and tracked
for the program.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding source for the grant award is the Continuum of Care (CoC) Shelter Plus Care (S+C)
Program. The grant award for this project is $80,180. It is budgeted in the Housing Grants Fund (705)
for Project No. 33173.
GROWTH MANAGEMENT IMPACT: Implementation of homelessness assistance grants will help
facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the
County's Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - ERP
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RECOMMENDATION: That the Board of County Con
agreement with Community Assisted and Supported Li it
Plus Care Program in Collier County and authorizes the Ch
I
Prepared by: Rachel Brandhorst, Grants Coordinator
Community and Human Services
Attachments: 1) S+C First Amendment with Exhibits
2) S+C Agreement
12/8/2015 16.D.1.
ssioners approves First Amendment to the
Inc. for the implementation of the Shelter
am to sign the attached Amendment.
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1 ��
12/8/2015 16.D.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve the First Amendment to the agreement
with Community Assisted and Supported Living, Inc. for the implementation of the Shelter Plus
Care Program in Collier County to maintain compliance with updated U.S Department of
Housing and Urban Development (HUD) grant standards (no fiscal impact).
Meeting Date: 12/8/2015
Prepared By
Name: BrandhorstRachel
Title: Grants Coordinator, Community & Human Services
10/21/2015 8:37:14 AM
Submitted by
Title: Grants Coordinator, Community & Human Services
Name: BrandhorstRachel
10/21/2015 8:37:15 AM
Approved By
Name: AquinoLuqueBlanca
Title: Accountant, Community & Human Services
Date: 10/22/2015 4:25:38 PM
Name: Bendisa Marku
Title: Supervisor - Accounting, Community & Human Services
Date: 10/26/2015 10:26:49 AM
Name: SonntagKristi
Title: Manager - Federal /State Grants Operation, Community & Human Services
Date: 11/3/2015 5:26:10 PM
Name: TownsendAmanda
Title: Division Director - Operations Support, Public Services Department
Date: 11/9/2015 2:45:13 PM
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12/8/2015 16.D.1.
,I-N
Name: GrantKimberley
Title: Division Director - Cmnty & Human Svc, Community & Human Services
Date: 11/9/2015 7:25:07 PM
Name: CarnellSteve
Title: Department Head - Public Services, Public Services Department
Date: 11/13/2015 1:41:52 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/16/2015 10:14:29 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/18/2015 1:55:17 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/18/2015 3:17:19 PM
Name: StanleyTherese
Title: Manager - Grants Compliance, Grants Management Office
Date: 11/25/2015 12:59:10 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/25/2015 3:02:28 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 11/29/2015 8:27:40 AM
w
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12/8/2015 16.D.1.
^' FIRST AMENDMENT TO AGREEMENT BETWEEN
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AND
COMMUNITY ASSISTED & SUPPORTED LIVING, INC.
This Amendment, is entered into this day of , 2015,
by and between Community Assisted & Supported Living, Inc., herein after referred to as
Subrecipient and Collier County Board of County Commissioners, Florida, herein after to be
referred to as "COUNTY," collectively stated as the "Parties."
WHEREAS, on July 7, 2015, the County and Subrecipient entered into an agreement for
Subrecipient to provide rental assistance and supportive services for hard to serve homeless
persons with disabilities living in Collier County (hereinafter referred to as the "Agreement "); and
WHEREAS, the Parties desire to modify the Agreement to correct a scrivener's error in
the Subrecipient's name, revise project tasks, amend performance deliverable dates, amend
payment deliverable table, correct the written agreement dollar amount, properly cite OMB
Circulars for Uniform Administrative Requirements, Cost Principles, and Audit requirements for
Grants and Agreements ,replace Exhibit C with a revised Annual Audit Monitoring Report, and
add a Rental Assistance Log as Exhibit G and Match Commitment Form as Exhibit H.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree to modify the Agreement as.follows:
Words Underlined are added
1. Part 1, Section 1.2 PROJECT DETAILS is hereby amended to read:
a. Project Description /Project Budget
Description
Federal
Amount
Project Component 1: Tenant - Based Rental Assistance ($73,766) +
$80,180
Administrative $6,414)
Total Federal Funds:
$80,180
The Subrecipient will accomplish the following checked project tasks:
• Consultation and participation by at least one homeless or formerly homeless
individual on the Board of Directors unless waiver is obtained.
• Calculate supportive service match in compliance with 24 CFR 582.115.
• Comply with limitations of assistance as found in 24 CFR 582.115.
• Perform ongoing assessments of housing and supportive services as defined by
24 CFR 582.300(b).
® Ensure adequate supportive services are available to program participants as
defined by 24 CFR 582.300(c)
® Maintain race, ethnicity, gender, and disability status data as required by 24 CFR
582.300(d).
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12/8/2015 16. D.1.
® Comply with recordkeeping requirements as defined by 24 CFR 582.301.
• Comply with Housing Quality Standards (HQS) as defined in 24 CFR 582.305(a).
• Comply with rent reasonableness as defined in 24 CFR 582.305(b) and 582.310.
• Comply with occupancy agreement term requirements as defined in 24 CFR
582.315.
Q� Perform outreach activites as defined by 234 CFR 582.325.
® Provide Quarterly Progress reports
® Identify Project Lead Manager
® Comply with Uniform Relocation Act (URA), if necessary.
® Ensure contribution to the 2-5-°k 100% match requirements as defined in 24 -CFR
682.4 19. OMB Circular A-1 22
® Submit Annual APR reports to the County and HUD reporting system no later
than 9= 10/15 on an annual basis.
2. Part 1, Section 1.2 D Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Invoice for Rental
Documentation
Every thirty (30)
Special Grant Condition
Policies as stated in this
Within thirty (30) days of
Policies Section 1.1
agreement
agreement execution
Insurance
Insurance Certificate
Annually within thirty (30)
da s of renewal
Detailed project Schedule
Project Schedule
Within thirty (30) days of
a reement execution
Submission of Progress
HMIS Report
Report
10 da s after the quarter
Financial and Compliance
Exhibit.0
Annually one hundred
Audit
eighty (180) days after FY
end until 2021
APR
APR Report
fifteen days
Annually (15)
after FY
ef9
January 1, 2016
January 1 . 2017
November 10 2017
3. Part 1, Section 1.2.E, The Payment Deliverable Table, is hereby amended to read:
E. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission
Schedule
Invoice for Rental
COPY AheGk oF b
Every thirty (30)
Of
Reimbursement
^ +^ +gin lease agreement for the first
days
month only,
payment, income certification for I't
month only (Exhibit B), invoice (Exhibit
F), and any other additional
documentation as requested to support
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4. Part 1, Section 1.4 AGREEMENT AMOUNT is hereby amended to read:
The COUNTY agrees to make available Eighty One Thousand Eight -H n„dred FgFt+ .
dellars Eighty Thousand One - Hundred Eighty dollars ($80,180) for the use by the
SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s) to the agreement, shall be referred to as the "Funds ").
Modification to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts among line items shall not be more than 10% of the total funding
amount and does not signify a change in scope. Fund shifts that exceed 10% of the
agreement amount shall only be made with Board approval.
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 S +C 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
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payment
Invoice for Administrative
Invoice (Exhibit F) signed and dated
timesheets (if applicable), job
Every thirty (30)
days
Costs
description (if applicable /first invoice
only), payroll summary sheet, bank
statement and any other additional
documentation as requested to support
payment
Supportive Services Match
Match invoice (Exhibit F -1), signed and
Every thirty (30)
Documentation
dated timesheets (if applicable), job
days and to
description (if applicable /first invoice
accompany Invoice
only), payroll summary sheet, bank
statement and any other additional:
documentation as requested to match
4. Part 1, Section 1.4 AGREEMENT AMOUNT is hereby amended to read:
The COUNTY agrees to make available Eighty One Thousand Eight -H n„dred FgFt+ .
dellars Eighty Thousand One - Hundred Eighty dollars ($80,180) for the use by the
SUBRECIPIENT during the term of the agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a
subsequent amendment(s) to the agreement, shall be referred to as the "Funds ").
Modification to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts among line items shall not be more than 10% of the total funding
amount and does not signify a change in scope. Fund shifts that exceed 10% of the
agreement amount shall only be made with Board approval.
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 S +C 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
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12/8/2015 16.D.1.
up to 180 days after the end of the agreement. Extensions must be authorized in writing
by formal letter to the Subrecipient and reported to the Board on a quarterly basis.
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.
5. Part 1, Section 1.5 COST PRINCIPLES is hereby amended to read:
200.93. AGGGFd'R9lY, payments will be made 91; a G96t FeksbuFsement basis. EaGh Fequest fe
FeirnbWserneAt shall identify the as-seGiated PF49jeGt and appFGV9d pFejeGt task(6) listed unde
n
Payments to the SUBRECIPIENT are governed by the Federal chants management rule
for cost allowability found at 24 CFR 85.22 (24 CFR 84.27 for nonprofit recipients). Accordingly,
Payments will be made on a cost reimbursement basis. Each request for reimbursement shall
identify the associated project and approved proiect task(s) listed under this Scope of Work.
The SUBRECIPIENT can only incur direct costs that may be attributed specifically to the
projects referenced above. The SUBRECIPIENT must provide adequate documentation for
validating costs incurred. Payments to SUBRECIPIENT contractors and vendors are
conditioned upon compliance with the procurement requirements provided for in 24 CFR 84.40-
48. Allowable costs incurred by nonprofit recipients shall be in compliance with OMB Circular
A -122 Cost Principles for Non - Profit Organizations. Allowable costs incurred by procured
private contractors shall be in compliance with 48 CFR Part 31 Contract Cost Principles
and Procedures. A SUBRECIPIENT is not subject to 24 CFR Part 85, however the County is
Subiect to 24 CFR Part 85 and may impose requirements upon the SUBRECIPIENT in order for
the _County to remain compliant with its obligation to follow 24 CFR Part 85. The
SUBRECIPIENT 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 or the Admin Plan.
6. Part 2, Section 2.1 AUDITS is hereby amended to read:
Mr? MaTIMIM
■-
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OMB A -133:
1. States, Local Governments and Non - profit organizations that expend $500,000
or more annually in federal awards shall have a single or program - specific audit
conducted for that year in accordance with OMB A -133, States, Local
Governments and Non - profit organizations expending_ federal awards of
$500,000 or more under only one federal program may elect to have a program -
specific audit performed in accordance with OMB A -133.
2. States, Local Governments and Non - profit organizations that expend less than
$500,000 annually in federal awards shall be exempt from an audit conducted in
accordance with OMB A -133, although their records must be available for review
(e.g., inspections, evaluations). These agencies are required by CHS to submit
"Reduced Scope" audits (e.g., financial audit, performance audits). They may
choose, instead of a Reduced Scope Audit, to have a program audit conducted
for each federal award in accordance with federal laws and regulations governing
the program am in which they participate.
3. When the requirements of OMB A -133 apply, or when the SUBRECIPIENT
elects to comply with OMB A -133, an audit shall be conducted for each fiscal
year for which federal awards attributable to this contract have been received by
the SUBRECIPIENT. A copy of the audit report must be received by CHS no
later than six months following the end of the SUBRECIPIENT'S fiscal year.
4. If an audit is required by Section G of this contract. but the requirements of OMB
A -133 do not apply or are not elected, the SUBRECIPIENT may choose to have
an audit performed either on the basis of the SUBRECIPIENT'S fiscal year or on
the basis of the period during which CHS - federal assistance has been received.
In either case, each audit shall cover a time period of not more than twelve
months and an audit shall be submitted covering each assisted period until all the
assistance received from this contract has been .reported.. Each audit shall
cover only those services undertaken pursuant to the terms of this contract. A
copy of the audit report must be received by CHS no later than six months
following each audit period.
5. The SUBRECIPIENT shall maintain all contract records, in accordance with
generally accepted accounting principles, procedures, and practices which shall
sufficiently and properly reflect all revenues and expenditures of funds provided
directly or indirectly by the County pursuant to the terms of this Agreement.
6. The SUBRECIPIENT shall include in all CHS approved subcontracts each of the
recordkeeping and audit requirements detailed in this contract.
OR, 2 CFR 200 Subpart F, Audit Requirements.
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7, Part 3, Section 3.11 ADMINISTRATIVE REQUIREMENTS is hereby amended to ^
read:
ShelteF Plus GaFe grants (24 GFR 582 et . The SUBRECIPIENT agrees to comply with 24
CFR Part 84 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. The financial management systems used by recipients under this program must
provide for audits in accordance with the provisions of OMB Circular A -133 or 2 CFR 200
Subpart F. HUD may perform or require additional audits as it finds necessary or appropriate.
8. Part 3, Section 3.12 PURCHASING is hereby amended to read:
' pumhasing threshelds. All purchasing for services and
goods, including capital equipment, shall be made by purchase order or by a written contract in
conformity with the procedures prescribed by the Federal Management Circulars CFR Part 84
and A -122.
Range:
Competition Required
$0 -3,000
1 Quote
$3,000 - $10,000
3 Written Quotes
$10,000 - $50,000
3 Written Quotes
$50,000+
Bids, Proposals, Contracts (ITB, RFP, etc)
9. Part 3, Section 3.14 GRANT CLOSEOUT PROCEDURES is hereby amended to
read:
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The Subrecipient may close out the project with the County
after the year affordability period has been met, if applicable. 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 Sestien OMB A -133, or
2 CFR 200 Subpart F.
10. Part 4, Section 4.19 GENERAL PROVISIONS is hereby amended to read:
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12/8/2015 16.D.1.
2 GFR 200 OMB Circulars A -110 A -122 A -133 or 2 CFR 200 Subpart F. Uniform
Administrative Requirements, Cost Principles, and Audit requirements for Grants and
Agreements.
11. Exhibit C, Annual Audit Monitoring Report, is hereby deleted and replaced with the
attached.
12. Exhibit G, Rental Assistance Log, is hereby added.
13. Exhibit H, Match Commitment Form, is hereby added.
,c
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IN WITNESS WHEREOF, the Parties have executed this Amendment, on the date and'year first
above written.
ATTEST:
DWIGHT E. BROCK, CLERK
, DEPUTY CLERK
Community Assisted & Supported Living, Inc.
By:
J. Scott Eller, Executive .Director
Title:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
LIM
Tim Nance, CHAIRMAN
Approval for form and legality:
Jennifer A. Belpedio
Assistant County Attorney,ix
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Grant#
FL0394C4DO61000
CFDA /CSFA#
14.235
Subrecipient
Community Assisted & Supportive
Living, Inc..
FAIN
No
R &D
No
DUNS#
940621519
FEIN#
65- 0869993
Fiscal Year End
12/31
Monitor End:
9/30/2017
AGREEMENT BETWEEN COLLIER COUNTY
AND
COMMUNITY ASSISTED &SUPPORTIVE LIVING, INC.
THIS AGREEMENT is made and entered Into this -1 -h day of 2015, by and
between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "Grantee") having
its principal address as 3339 E Tamiaml Trail, Naples FL 34112, and Community Assisted & Supportive
Living, Inc. ( "Subrecipient "), having its principal office at 140116" 5t, Sarasota, FL 34236.
WHEREAS, the County has entered into an agreement with the United States Department of
Housing and Urban Development (HUD) for a grant for the execution and Implementation of a Shelter+
Care Program in certain areas of Collier County, pursuant to Subtitle F of Title IV of the Stewart B,
McKinney Homeless Assistance Act 42 U.S.C. et Seq.); and
WHEREAS, the Shelter Plus Care Grant Program is governed by the HUD Shelter Plus Care
Program Regulation 24 CFR 582; and
WHEREAS; the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan — One Year Action Plan for Federal Fiscal Year 2014 — 2015 for the Shelter + Care
Program on October 11, 2011 Agenda item 16D1; and
WHEREAS, the Subrecipient has submitted a proposal for participation in the Collier County
Shelter +Care Program; and
WHEREAS, the County and Subrecipient wish to set forth the responsibilities and obligations of
each in undertaking the Shelter +Care Program; and
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
CASL
shatter +Care'
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12/8/2015 16.D.1.
PART i
SCOPE OF WORK
The Subrecipient shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing Shelter + Care (S+C) assistance, as determined by Collier County Community
and Human Services (CHS) Division, perform the tasks necessary to conduct the program as follows:
The S +C program is designed to link rental assistance to supportive services for hard to serve homeless
persons with disabilities (primarily those who are seriously mentally ill: have chronic problems with
alcohol, drugs, or both; or have acquired immunodeficiency syndrome (AIDS) and related diseases and
their families. The program provides grant funds to be used for rental assistance for permanent housing
for homeless persons with disabilities, Supportive Services are services that address the special needs of
eligible person(s) and provide appropriate services or assists such persons in obtaining appropriate
services. Such services include health care, mental health treatment, alcohol and other substance abuse
services, child care services, case management services, counseling, supervision, education, job training,
and other services essential or achieving and maintaining independent living.
The Community and Human Services (CHS) division is providing CoC S +C funding to the Community
Assisted and Supported Living (CASL) to provide permanent supportive housing through tenant based
housing choice vouchers for chronically homeless individual adults and families over a period of two
years.
Funding will be used for the following activities:
1. Administrative Costs: Up to eight percent (8 %) of the grant amount or six - thousand four -
hundred fourteen ($6,414) can be used to pay the cost of administering the housing assistance.
Eligible administrative activities Include: Processing rental payments to landlords, examining
participant income and family composition, providing housing information and assistance,
inspecting units for compliance with housing quality standards, and receiving into the program
new participants. This administrative allowance does NOT include the cost of administering the
supportive services of the grant (e.g. cost of preparing the application, reports or audits
required by HUD.)
2. Tenant Based Rental Assistance fTRA): Rental assistance which permits participants to choose
housing of an appropriate size in which to reside within Collier County. Rental subsidies are
provided for a period up to 2 years or the term of this agreement dependent upon funding
availability. Up to 100% of the rental assistance awarded may be spent in any one of the 2 years.
S+C funding In the amount of $73,766 will be utilized via housing vouchers to assist a minimum
of two (2) housing Single Room Occupancy (SRO) /units — a minimum of two (2) eligible low
income chronically homeless persons with disabilities, with rent, security and /or utility deposits.
n
CAS
shelter +care
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The maximum amount of funds for the security deposit may not exceed two months` rent for
the unit. A written agreement regarding the terms and conditions of the security deposit must
be maintained by the SUBRECiPIENT for review by CHS staff. The utility deposit assistance may
be provided in conjunction with a security deposit and /or monthly rental assistance, The utility
deposit assistance may be used only for utilities permitted under the Section 8 utility allowance,
3. Supportive Services: Supportive Services shall be provided as match in compliance with 24 CFR
582.110. Supportive Services addresses the special needs of eligible persons and provides
appropriate services or assists such persons in obtaining services Including health care, mental
health treatment, alcohol and other substance abuse services, child care services, case
management services, counseling, supervision, education, job training, and other essential
services for achieving and maintaining independent living.
1.1 SPECiAL GRANT CONDITIONS
A. Within thirty (30) calendar days of the execution of this agreement, the Subrecipient
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be adopted by the Subreclpient's governing
body within thirty (30) days of award of this agreement:
QC Affirmative Fair Housing Policy
® Affirmative Action/ Equal opportunity Policy
Conflict of Interest Policy
® Procurement Policy
Q Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for meeting the requirements set forth In Section 3 of the Housing
and Urban Development Act of 1968, as amended (12U,S.C. 794 1 u)
® Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Procedures to comply with the homeless definition as found in 24 CFR
582.301(b) and 582.5
Procedure to ensure that assistance benefits persons with disabilities as defined
in 24 CFR 582.301(c) and 5815,
® Fraud Policy
1.2 PROJECT DETAILS
A. Project Description /Project Budget
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Description
Federal Amount
protect Component 1: Tenant -Bused Rental Assistance f$73,7661 t Administrative
$80,180
($6,414)
Total Federal Funds:
$80,180
The Subreciplent will accomplish the following checked project tasks:
® Consultation and participation by at least one homeless or formerly homeless Individual
on the Board of Directors unless waiver Is obtained.
® Calculate supportive service match In compliance with 24 CFR 582.115.
® Comply with limitations of assistance as found in 24 CFR 582.115.
® Perform ongoing assessments of housing and supportive services as defined by 24 CFR
582.300(b).
® Ensure adequate supportive services are available to program participants as defined by
24 CFR 582.300(c)
Maintain race, ethnicity, gender, and disability status data as required by 24 CFR
582.300(d).
® Comply with recordkeeping requirements as defined by 24 CFR 582.301.
Comply with Housing Quality Standards (HQS) as defined in 24 CFR 582.305(a), 111—N
Cam ply with rent reasonableness as defined in 24 CFR 582.305(b) and 582.310.
® Comply with occupancy agreement term requirements as defined in 24 CFR 582.315.
® Perform outreach activites as defined by 234 CFR 582.325.
® Provide Quarterly Progress reports
® Identify Project Lead Manager
® Comply with Uniform Relocation Act (URA), if necessary.
® Ensure contribution to the 25% match requirements as defined in 24 CFR 582.110.
® Submit Annual APR reports to the County no later than 9/30 on an annual basis.
B. Income Limit Eligiblity
Persons eligible for assistance means a homeless person with disabilities (primarily persons
who are seriously mentally Ill; have chronic problems with alcohol, drugs, or both; or have
AIDS and related diseases) and, If also homeless, the family of such a person. To be eligible
for assistance, persons must be very low income, except that low- income individuals may be
assisted under the SRO component in accordance with 24 CFR 813.105(b).
C. Project Outcome
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The Shelter + Care Program alms to promote communitywide commitment to the goal of ending
homelessness by quickly rehousing homeless Individuals and families while Minimizing the
trauma and dislocation caused to homeless individuals, families, and communities by
homelessness.
The project outcomes are:
• increased residential stability
• Increased skill level and /or Income; and
► Greater self - sufficiency
This program will also promote access to and effect utilization of mainstream programs by
homeless individuals and families while optimizing self-sufficiency among Individuals and
families experiencing homelessness.
D. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Invoice
Documentation
Every thirty (30) days
Special Grant Condition Policies
Policies as stated In this
Within thirty (30) days of
(Section 1.1)
agreement
agreement execution
Insurance
Insurance Certificate
Annually within thirty (30) days
(Exhibit B), invoice (Exhibit F), signed and
of renewal
Detailed project Schedule
Project Schedule
Within thirty (30) days of
description (if applicable /first invoice
agreement execution
Submission of Progress Report
HMIS Report
Quarterly reports. Annually after
closeout.
Financial and Compliance Audit
Exhibit C
Annually one hundred eighty
(180) days after FY end until
2021
APR
APR Report
Annually fifteen (15) days after
FY end
E. Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Invoice
Copy of canceled check or bank
Every thirty (30) days
statement, lease agreement for the first
month only, proof of lease /rent payment,
income certification for 1St month only
(Exhibit B), invoice (Exhibit F), signed and
dated timesheets (if applicable), job
description (if applicable /first invoice
only), payroll summary sheet, bank
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Final 5% not including administration allocation ($3,688.00) of retainage held, not including the
aforementioned retainage above, will be released upon documentation that at least 51% of persons
served are low to moderate income households, In order to meet a S +C National Objective. Failure on
behalf of the subreciplent In achieving the National Objective under this agreement will require
repayment of the S +C Investment under this agreement and aforementioned acquisition agreement.
1.3 TIME OF PERFORMANCE
Services of the Subreciplent shall start effective the date of the County's execution of this
agreement and shall end on September 1, 2017.
1.4 AGREEMENT AMOUNT .
The COUNTY agrees to make available Eighty -One Thousand Eight - Hundred Forty dollars
($80,180) for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the agreement, shall be referred to as the "Funds "),
Modification to the "Budget and Scope" may only be made If approved in advance, Budgeted
fund shifts among line Items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval,
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 S +C 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
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statement and any other additional
documentation as requested to support
payment
Supportive Services Match
Match Invoice (Exhibit F -1), signed and
Every thirty (30) days
Documentation
dated timesheets (if applicable), job
and to accompany
description (If applicable /first Invoice
Invoice
only), payroll summary sheet, bank
statement and any other additional
documentation as requested to match
Final 5% not including administration allocation ($3,688.00) of retainage held, not including the
aforementioned retainage above, will be released upon documentation that at least 51% of persons
served are low to moderate income households, In order to meet a S +C National Objective. Failure on
behalf of the subreciplent In achieving the National Objective under this agreement will require
repayment of the S +C Investment under this agreement and aforementioned acquisition agreement.
1.3 TIME OF PERFORMANCE
Services of the Subreciplent shall start effective the date of the County's execution of this
agreement and shall end on September 1, 2017.
1.4 AGREEMENT AMOUNT .
The COUNTY agrees to make available Eighty -One Thousand Eight - Hundred Forty dollars
($80,180) for the use by the SUBRECIPIENT during the term of the agreement (hereinafter, the
aforestated amount including, without limitation, any additional amounts included thereto as a
result of a subsequent amendment(s) to the agreement, shall be referred to as the "Funds "),
Modification to the "Budget and Scope" may only be made If approved in advance, Budgeted
fund shifts among line Items shall not be more than 10% of the total funding amount and does
not signify a change in scope. Fund shifts that exceed 10% of the agreement amount shall only
be made with Board approval,
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 S +C 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
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frequently than once per month. Reimbursement will not occur If Subreciplent falls 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 Subreciplent and reportedto the Board on a quarterly basis.
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, Subreciplent 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 Subreciplent 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. 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, personal deNery, or 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 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.
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COLLIER COUNTY ATTENTION: Rachel Brandhorst, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: rachelbrandhorst @colltergov.net
Telephone: (239) 252 -4230
SU6RECIPIENT ATTENTION: J. Scott Eller, Executive Director
140116"' Street
Sarasota, FL 34236
Email: scott.eller@renissancemanor.ortt
Telephone: 941 -225 -2373
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PART It
GRANT CONTROL
REQUIREMENTS
2,1 AUDITS
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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 Grantee, Developer,
or 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.
2.2 RECORDS AND DOCUMENTATION
The Subrecipient shall maintain sufficient records in accordance with 24 CFR 582.901 to
determine compliance with the requirements of this agreement, the S4C Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by S+C 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,
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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 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 24 CFR 91.520 with the following exception: if any litigation, clalm 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 24 CFR 200.336. 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. The SUBRECIPIENT shall maintain records showing compliance with the Davis- Bacon
Law, including files containing contractor payrolls, employee interviews, Davis -Baton
wage rates, and administrative cross - referencing. SUBRECIPIENT shall maintain records
showing contractor compliance with the Contract Work Hours and Work Safety Law.
Similarly, the SUBRECIPIENT shall maintain records showing compliance with federal
purchasing requirements and with other federal requirements for grant
implementation,
F. The 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.
G. Reserved,
H. 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 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.
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23 MONITORING
During the term, SUBRECIPiENT shall submit an annual audit monitoring report (Exhibit C) to the
COUNTY no later than one hundred eighty (180) days after the SUBRECIPIENT's fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
The SUBRECIPIENT agrees that CHS may carry out 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 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.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,
waste, abuse, or non - performance based on goats and performance standards as stated with all
other applicable federal, state and local 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 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 Resolution No. 2013 -228, Community and Human Services (CHS)
has adopted an escalation policy to ensure continued compliance by Subreciplents, Developers,
or any entity receiving grant funds from CHS. CHS's policy for escalation for non - compliance is as
follows:
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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.
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• Any pay requests that have been submitted to the Division for payment will
be held until the corrective action plan has been submitted.
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.
e 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 maybe considered in violation of Resolution No. 2013 -228
3. If In the case an Entity continues to fall 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 S +C
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.
a The entity will be considered In violation of Resolution No. 2013 -228
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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 BCCs discretion.
2.5 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 expenditures and
Including, but not limited to, performance data on client feedback with respect to the goals and
objectives set forth by HMIS. 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
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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 582 (the U.S. Housing and Urban Development regulations concerning Shelter
Plus Care Grants (StC)), except that (1) the SUBRECIPIENT does not assume the
recipient's environmental
responsibilities described In 24 CFR 582.230 and (2) the SUBRECIPIENT does not assume the
recipient's responsibility for Initlating the review process under the provisions of 24 CFR Part 52
and (3) SUBRECIPIENT Is required to follow federal procurement and (4) for DEVELOPERS
revenue generated is not considered program Income. The S+C program was funded through
the 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 Grantee 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 Grantee's governing
body. Such amendments shall not invalidate this agreement, nor relieve or release the Grantee
or SUBRECIPIENT from Its obligations under this agreement.
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The COUNTY may, in Its discretion, amend this agreement to conform with Federal, state or
local 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 partles acknowledge that the Funds originate from 5 +C 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 S +C 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 -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 there -on. 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 of termination of this agreement,
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3.7 GRANTEE 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 prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the
Program shall include the statement:
"FINANCED IN PART BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
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 200.39, 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 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; or
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, and
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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 S +C funds
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 REVERSION OF ASSETS
Reserved
3.10 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
carried, at all times during its performance.
3.11 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in campliance with the Grant Budget
and the Scope of Work (Part 1), the Uniform Administrative Requirements, Cost Principles and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Shelter Plus Care Grants (24 CFR 582 et seq.).
3.12 PURCHASING
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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 Quote
$3,000 - $10,000
3 Written Quotes
$10,000 - $50,000
3 Written Quotes
$50,000+
Bids, Proposals, Contracts (ITB, RFP, etc)
3.13 PROGRAM GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by S +C 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 in the operation of the Program.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT`s obligation to the COUNTY shall not end until all closeout requirements are
completed. The Subrecipient may close out the project with the County after the year !�
affordability period has been met, if applicable. 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.
3.15 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, famillal status, or sex. Upon receipt
of evidence of such discrimination, the COUNTY shall have the right to terminate this
agreement.
�....�.� �..... ®.v.,
CP.SL
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To the greatest extent feasible, lower - income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project.
3.16 OPPORTUNITITES FOR SMAL AND MINORITY /WOMEN OWNED BUSINESS ENTERPRISES
The 5UBRECIPIENT 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 (Si) 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 - herltage 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.
3.17 PROGRAM BENEFICIARIES
At least fifty -one percent (51 %) of the beneficiaries of a project funded through this agreement
must be low- and moderate- income persons or presumed to be low to moderate income
persons based on applicable regulation, if the agreement is meeting a national objective
through a LMI strategy. if the project Is located In an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30 %) of the beneficiaries directly
assisted under this agreement must reside in unincorporated Collier County or in
municipalities participating In the County's Urban County Qualification Program.
3.18 AFFIRMATIVE ACTION
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
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. The Affirmative Action will need to be updated throughout the five year
period and must be submitted to County within 30 days of update /mods €ication.
3.19 CONFLICT OF INTEREST
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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 582.340 "Conflict of Interest", and 2
CFR 200.318, and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or Its
employees 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.
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 or its
employees shall be disclosed in writing to CHS provided, however, that this paragraph shall be
interpreted in such a manner so an 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,
3.20 RELIGIOUS ORGANI7-4TION5
S +C funds may be used by religious organizations or on property owned by religious
organizations only In accordance with requirements set In Section 24 CFR 582.115. 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,
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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 S +C 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, S +C 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 S +C funds in this part. Sanctuaries, chapels, or
other rooms that a S +C funded religious congregation uses as its principal place of
worship, however, are Ineligible for S +C funded improvements.
3.21 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.
3.22 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
4.1 24 CFR 582 as amended- All the regulations regarding the S+C program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link:
http: / /www,ecfr.gov /cgi -bin/ text - idx? c= ecfr& tpl=/ ecfrbrowse /Titie24 /24cfr58_main_02.tp)
4.3 Hearth Act
4.4 The Fair Housing Act (42 U.S.C. 3601 -20) Reasonable Accommodations Under the Fair Housing
Act. http:l/www.hud.gov/ offices /fheoLibraryfhuddoistatement Pdf
E.O. 11063 — Equal Opportunity In Housing
http•/ /Portal hud Roy / hudportal /HUD ?src - /program offices /fair housing equal opt)/FH
taws /EX011063
E,O. 11259 - Leadership & Coordination of Fair Housing in Federal Programs
http: / /www.archives.gov /fe dera I- register /cod ifica tion /executive - order /12259.htmi
24 CFR Part 107 - Non Discrimination and Equal Opportunity in Housing under E.O.
http,//www.low.cornell,edu/cfr/text/24/part-107
4.5 Title VI of the Civil Rights Act of 1964 as amended, Title Vill of the Civil Rights Act of 1968 as
amended
http: / /portal. hud.gov /hudportal /HUD ?src =/ program _offices /fair_housing_equa I— opp /prog
desc /title8
4.6 24 CFR 582,340 Other Federal Requirements
4.7 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. EO 11246:
http: / /www.eeoc.gov /eeoc/ history/3$th /thelaw /eo- 11246,html
EO 11375 and 12086: see Item #8 below
4.8 Title VII of the 1968 Civil Rights Art as amended by the Equal Employment Opportunity Act of
1972, 42 USC § 20ODe, 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, http: / /www.ecoc.gov /laws /statutes /titievii.cfm
4.9 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
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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.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include
the following language in all subcontracts executed under this agreement:
"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 low- and very low- income persons residing In the
�-, metropolitan area in which the project is located,"
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 S +C-
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 S+C- 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.
The SUBRECIPIENT certifies and agrees that no contractual or other legal Incapacity exists that
would prevent compliance with these requirements, http: / /www.ecfr.gov /cgi- bin /text-
idx ?c= ecfr &tpi = /ecfrb rows e/TIt le24 /24cfr 135_mai n_02.tpI
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4.10 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375,11478,12107 and 12086.
Age Discrimination Act of 1975 - http: / /Www.dol.gov /oasam /regs /statutes /age_act.htm
11063 -.http: // portal. hud. gov /hudporta l /HU D ?src =/ program _offices /falr_housing_equal_o
pp /FHLaws /EX011063
11246: http : / /www,eeoc.gov /eeoc/ history/35th /thelaw /eo- 11246.htmi
11375: Amended by EO 11478
11478: http: / /www.archives,gov /federal- register /codification /executive - order /11478.htm1
12107: http : / /www. archives. gov /federal- register /codification /executive- order /12107.html
12086: http: / /www.archIves. gov /federal- register /codification / executive- order /12086.htmI
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327 -332.
http: / /usaceengineeringpa mplets2.tpu b. com /E P- 1180- 1 -1 /EP- 1180 -1- 10012, htm
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), 24 CFR 570.614 Subpart K.
Section 504; http:// www .epa.gov /civilrights /secSD4.htm
29 USC 776: http:/ Aaw .onecle.com /uscode /29/776.htmi
24 CFR 570.614: http: / /www.law.corneli.edu /cfr /text /24/570.614
4.13 The Americans with Disabilities Act of 1990 http : / /www,fhwa,dot .gov /realestate /ua /index.htm
4.14 Uniform Relocation Assistance and Real Property Acquisftion Policies Act of 1970, as amended
http: // www. fhwa. dot.gov /realestate /ua /index.htm
4.15 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use
of apprentices and trainees on federally assisted projects as mandated by the Davis -Bacon Act.
HUD Form 4010 must be included In a)) construction contracts funded by S +C. (See 42 USC 276a
and 24 CFR 135.11(c),
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work financed in
whole or In part byLoans or Grants from the United States-
bttP://Www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also Labor Standards Provision Applicable Subject to the
Contract Work Hours and Safety Standards Act) http: / /www. law.cornelf.edu /cfr /text /29 /part -5
Executive Order 11914 Prohibits discrimination with respect to the handicapped in federally
assisted projects, http;Hwww. presidency. ucsb.edu /cos /index.php ?pfd =23675
4.16 E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise http : / /www.mbda.gov /node /333
HUD Circular Letter 79 -45
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4.17 The SUSRECIPIENT agrees to comply with the non - discrimination in employment and
contracting opportunities laws, regulations, as revised by Executive Order 13279. The
applicable non - discrimination..
E,01. 13279: http: // fedgovcontracts ,com /peO2- 192.htm
4.18 Public Law 100 -430 - the Fair Housing Amendments Act of 1988.
http: // www. ncbi ,nlm,nih.gov /pubmed/12289709
4.19 2 CPR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
4.20 Immigration Reform and Control Act of 1986
http.,//www.eeoc-gov/eeoc/history/35th/thelaw/irca.htmi
4.21 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. Florida Statutes -
�\ http: / /www.lawserver. com / law / state /florida/ statutes/ florida _statutes_chapter_112_part_lii
Collier County -
http: / /bccs pO l /Sit a Di re cto ry/AS D/H R /labor /CM As /Sh a red %2ODocu m e nts /CMA %205311.1%
20Stand a rds %20of%20Conduct.pdf
4.22 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 confiict 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.
4.23 Venue -Arty suit of action brought by either party to this agreement against the other party
relating to or arising out of this agreement must be brought in the appropriate federal or state
courts In Collier County, FL which courts have sole Jurisdiction on all such matters, (No
reference required for this item).
4.24 Dispute Resolution - Prior to the Initiation of any action or proceeding permitted by this
agreement to resolve disputes between the parties, the parties shall matte a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or
�\ r®aa�1��r4 � ■sroro.. '�+nrrrt�n i�.or
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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 Fall to
submit to mediation as required hereunder, the other party may obtain a court order requiring
mediation under 4 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, Middle District 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.
http,//www.fisenate.gov/Laws/Statutes/2010/44.3.02
4.7-5 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq. http : / /www.law.cornell.edu /uscode /text /42/7401
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended,
http://www.law.cornell.edu/uscode/text/33/chapter-26
4.26 Reserved,
4,27 Reserved.
4.28 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.
htto://www.nps.goy/htstory/loc http://www.ecfr.gov/cgl- bin /text-
idx? c= ecfr& tpl=/ ecfrbrowse /Title36 /36cfr800_main_02.tp1
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. http:/Iwww.nr)s.govlhistory/local-
law /nhpa 1966.htm
4.29 The. SUBRECIPIENT must certify that It will provide drug -free workplaces in accordance with the
Drug -Free Workplace Act of 1988 (41 USC 701 ).
http : / /us- code.vlex.com /vid /drug - free - workplace - requirements- contra ctors- 19242870
4.30 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 SUB RECIPIENT shall not
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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.
4.31 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.
These requirements are enumerated In 2 CPR et seq.
4.32 Audits shall be conducted in accordance with 2 CFR 200.501 annually and shall be submitted to
the County eighty (180) days after the end of the SUBRECIPIENT's fiscal year. The
SUBRECIPIENT shall comply with the requirements and standards of OMB A- 133,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.
http; / /www.whitehouse.gov /omb /circulars /al33 compliance_ suppiement_2011
Clarification of Eligible Audit Costs
The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit Include the cost
certification of costs performed by a certified public accountant. This has always been an
eligible cost; the amendment clarifies and codifies this.
http://www,law.cornell.edu/cfr/text/24/92.206
4.33 Any real property acquired by the SUBRECIPIENT forth e 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 24.101, shall be subject
to the provisions of S +C including, but not limited to, the provisions on use and disposition of
property. Any real property within the SUBRECIPIENT control, which is acquired or improved
in whole or part with S+C funds in excess of $25,000, must adhere to the S +C Regulations at 24
CFR 570.505. http: / /www.fhwa.dot.gov /realestate /ua /Indev.htm
http: / /www.law.cornell.edu /cfr /text /49/24.101
http: / /cfr.vlex, com /vid/ 570 -505- use - real -prope rty- 19928754
4.34 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.
http: / /www.lawserver. com / law / state /florlda /statutes /florlda_ statutes 287 -133
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4.35 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. 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 Fornt -LLL,
"Disclosure Form to Report Lobbying," in accordance with Its instructions.
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.
4.36 4.36 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
4.37 Any rule or regulation determined to be applicable by HUD.
438 Florida Statutes 713.20, Part 1, Construction Liens
htt p: / /www.leg.state.f l.us /Statutes /index, c(m? App _mode =Dls play_Statute& U RL =0700-
0799/0713/0713.htmi
4.39 Florida Statutes 119.021 Records Retention
http: / /www.lawse rver. com /Jaw /sta to /flarida/ statutes /florida_statutes_119 -021
4.40 Florida Statutes, 119.071, Contracts and Public Records
http; /(www.leg, state .fl.us /Statutesrndex.cfm?App _mode= Display_Statute &URL =0100-
0199 /0119 /Sections /0119.07.html
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IN WITNESS WHEREOF, the Subreciplent andtheCovnty have each respectively, byanauthorized
p'�'rson or agent, hereunder set their hands and seals on the date first written above.
^
~^ ATTEST BOARD OF COUNTY COMMISSIONERS OFCOLLIER
COUNTY, , ^ �.' _~~
Atur on
Witne'es" Commu,91ty Assisted and Supportive Living
Name and Tit By, ///&� - — -
11W qlIer, Executive Director
Approved as to form and
Assistant county Att—or—ney
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PART V
EXHIBITS
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E.
Tamiaml Trail, Suite 211, Naples, Florida 34112, Certificates) 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:
i
i
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 SUBRECIPIENT shall provide or cause its
Subcontractors to provide original certificates Indicating the following types of insurance coverage prior
to any construction:
cast.
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S. Completed Value Builder's Risk Insurance on an "Ail Risk" basis in an amount not less than one
hundred (100%) percent of the Insurable value of the buildings) 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 f=lood Insurance Program Is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes (including
rehabilitation).
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 Genera( 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
n 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 Tess 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.1. 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.
�� IIIIeo1r1Y11A11rMifYWWYriMIY ®1�IC�KYYOIINY�IY�19ifMY�i,
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EXHIBIT 8
INCOME CERTIFICATION
INSTRUCTIONS
12/8/2015 16.D.1.
Complete form, and retain appropriate supporting documentation, to document providing S +C assistance
to an eligible beneficiary. Please file in your organization's records and have on hand for future
monitoring visits,
Effective Date:
A. Household Information
Member
Names — All Household Members
Relationship
Age
1
2
3
4
5
6
7
8
0.00
B. Assets: All Household Members, Including Minors
Member
Asset Description
Cash Value
Income
from Assets
1
2
3
4
5
6
7
8
0.00
Total Cash Value of Assets B(a)
0.00
Total Income from Assets B(b)
0,00
If line B(a) Is greater than $5,000, multiply that amount by the rate
specified by HUD (applicable rate 2.0°x) and enter results in B(c), otherwise
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C. Anticipated Annual Income. Includes unearned income and Support Paid on Behalf
of Minors
Member
Wages J
Benefits
Public
Other
Salaries
/
Assistance
Income
(include tips,
Pensions
Asset
commissions,
Income
bonuses, and
overtime)
(Enter the
1
greater of
2
box B(b) or
3
box B(c),
above, in
box C(e)
4
S
below)
6
7
8
Totals
(a)
(b)
(c)
(d)
(e)
0.00
0100
0.00
0.00
Enter total of items C(a) through C(e).
0.00
'Chi amount Is the Annual Anticipated Household Income.
D. Recipient Statement. The information on this form Is to be used to determine maximum
income for eligibility. I /we have provided, for each person set forth In Item A, acceptable
verification of current and anticipated annual Income. [/we certify that the statements are
true and complete to the best of my /our knowledge and belief and are given under penalty
of perjury.
WARNING, Florida Statutes 817 provides that willful false statements or misrepresentations
concerning income and assets or liabilities relating to financial condition Is a misdemeanor of the
first degree and is punishable by fines and imprisonment provided under 5.775.082 and 775.083.
Signature of Head of Household
Date
Signature of Spouse or Co -Head of Household Date
Adult Household Member (if applicable) Date
Adult Household Member (if applicable) Date
cast. -- • - - - -- — -
She4teriCare
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E. S +C Grantee Statement; Based on the representations herein, the family or
Individual(s) named in Item A of this Income Certification is /are eligible under the
provisions of the S +C Program. The family or Individual(s) constitute(s) a,
❑ Very -Low Income (VLI) Household means and Individual or family whose annual income
does not exceed 30 percent of the area median income as. determined by the U.S.
Department of Housing and Urban Development with adjustments for household size,
(Maximum Income Limit $ ),
❑ Low Income (LI) Household means and individual or family whose annual income does
not exceed 50 percent of the area median income as determined by the U.S.
Department of Housing and Urban Development with adjustments for household size.
(Maximum Income Limit $ ).
❑ Moderate Income (MOD) Household means and individual or family whose annual
income does not exceed 30 percent of the area median income as determined by the
U.S. Department of Housing and Urban Development with adjustments for household
size.
(Maximum Income Limit $ ).
Based upon the (year) income limits for the Naples -Marco Island Metropolitan
Statistical Area (MSA) of Collier County, Florida.
Signature of the S+C Administrator or His /Her Designated Representative;
Signature Date
Printed Name Title
F. Household Data
Number of Persons
Bv Race Ethnics Bv q e
N ative
American Asian Black Hawaiian or 0th 0— 26— 41—
Indian Other Pac. White er 25 40 51 62+
Islander
Hispanic
NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No
beneficiary is required to give such information he or she desires to do so, and refusal to give such information will not
affect any right he or she has to the s+C program.
�1W IOW- - liter I��F
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EXHIBIT C
ANNUAL AUDIT MONtTORfNG REPORT
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0heck Appropriate Boxe's
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`��'�y, .�"'!i'. •�1•S w["'C- f. FSS>.f :,r W4,af.�i.,i.1"'•,
3,'Y �''t�S::
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tehave'exceed :tfie'. $i'5a,DOQ.EederaVsiate..... d tJ a tilt shot tip ourfiscaf • :
signature
...
yearending ris:mdfcaie 'at de:and ttav� colt leied d a :CV- 01ar- A= iS3•atid1f: A.00Pq::
`:::......of
the atidif iii M and: mana : � i rnt le W;ace aifached • .
:! {�,,: +?- f[l:'
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'
endrng :as Indicaltid.a o ie.aixf eitpect Eo complete 644. ti ar;A- k33 dud' >f y
Print Marne and Title
, Witt�irt 30 d; ys of orriplet n tif:tki�:A 333 audit. Wd"Wll:p pvide. a:. -
• .. '.
bOV of- the at>dt}:re . .
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:�Yearj�rrntseet'.tbfiie:r' cifreiriritsOltBCiccutaiti :#3becat�sewQ:, `
•J .�
l ..Did note'xceed the $750;00,•federaLfsta .te. expeiiditdi e; ritesixoid tfie.
fiseai yet Indicated:ebav
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:other. aeons e T p f,
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: martl�agecpen :aetler.:� �:.. .. • . ... ........ -
,ti tuiutt.ltjs WL-fU ItVit-J, pmaw en-utuw a copy of ute respoRS$s ano cwTecuYe:aimon pion.j
Gertittaation Statement,
: ,ii v..:.t._ +.
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signature
Date
' - ,:K:r • 5:» :t:t !'Lr�^�4:'i'k:. :rsr;iM•%isisi�Ili2CF`�4f
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Print Marne and Title
:' 3. ¢:Irli'.• +' ^tF�y7i fi.{ _ r- :l L, # 1' ri [" 3 �Y4 =jY: r.`- S•�v`.:..♦
�. --17r .,�•.. : y .,r.. ,t "iii:::!, -- �::fi%, - ,:1,:�1 "'r "';7i :,I tialf:.,.:�'+`;;!lfi' t.;i1�! =' z.:i..ri. A'..�: }.:i
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( :ti;. !. ii' {i>vi:`.r; %i �: 1',k.IL�1;:'.!ltiiS:.•±, ;Flt :k t;l -. :..K-
?•• • %, :•t'It. S �v ycFi}i. - 1,11.;:7_: I, i.L:r_� 4•it..
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)171r, tL,n t!t. may Ou ustru Lo MoriiIor Yi1 noa -n imgje HUa l Act tz- mmie.e i 7:y)) !:Bgwremenis.
CASL
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12/8/2015 16.D.1.
EXHIBIT "D"
REPORTING SCHEDULE
The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule, Reports
shall be submitted according to this schedule as long as this Agreement is in force:
Activity Reporting Period
Report Due Date
October 1 "— December 31St
January 10'h
January 31't — March 31"
April 10th
April 1" —June 30th
July 10th
July 1 " —September 30t,
October 101h
Date Submitted;
Activity Reporting Period:
Contact Person:
Telephone;
caSL
shelter «care
SUBRECIPIENT AGREEMENT
SHELTER PLUS CARE
Email;
Packet Page -789- ``, rrV
12/8/2015 16.D.1.
GENERAL
1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved
during this reporting period.
2. Future Actions — what significant actions or outcomes are expected during the next reporting
period?
3. Obstacles — describe any potential obstacles, challenges, or issues that may cause delay.
CAR
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12/8/2015 16.D.1.
ACTIVITY STATUS
Complete the following Information by entering the appropriate numbers for this reporting period in the
tables below. Do not duplicate Information from previous reporting periods.
W,
4iWMM9W
No. Active Projects
White
No. Projects Complete
No. Properties Demolished
No. Properties Sold
Asian
TOTAL
HOUSEHOLD INFORMATION
Complete these tables for those properties sold during this reporting period.
RACE AND ETHNICITY BENEFICIARIES
.hill HIMP
4iWMM9W
No. Extremely-Low Income Households (0-30% AM])
White
No, Very-Low Income Households (31-50% AMI)
No. Low-income Households (51-80% AMI)
No. Moderate-Income Households (91-120% AMI)
Asian
No. Female Head of Households
TOTAL
RACE AND ETHNICITY BENEFICIARIES
.hill HIMP
4iWMM9W
Offill
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
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12/8/2015 16. D.1.
American Indian /Alaska Native and White
Asian and White
Black /African American and White
American Indian /Alaskan Native and Black /African American
Other Multi- Racial
TOTAL
--
CAR
Shelter+Care
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EXHIBIT "E"
QUARTERLY PERFORMANCE REPORT DATA
GENERAL
12/812015 16. D.1.
Grantee is required to submit to HUD, through the Integrated Disbursement and Information System
( "IDIS ") Performance Reports. The County reports Information on a quarterly basis. To facilitate In the
preparation of such reports, Subrecipient shall submit the information contained herein within ten (14)
days of the end of each calendar quarter.
1. OVERALL PROGRESS NARRATIVE
Describe overall progress made In operating the Shelter Plus Care Program.
2. FINANCIAL DATA
Provide (a) number of properties acquired, (b) program funds expended, and (c) program funds
obligated.
3. ACTIVITY PROGRESS NARRATIVE
Described progress made.
4. PROPERTY DATA
Provide the address of each property where funds were expended or obligated this reporting
period.
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5. DEMOGRAPHIC DATA
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Provide the following data for each household assisted this reporting period; (a) race, (b)
Hispanic /Latino (yes /no), (c) female head of household (yes /no), and (d) income level.
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EXHIBIT F
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
REQUEST FOR PAYMENT
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No:
Total Payment Minus Retainage
Pay Period: -
SECTION I: REQUEST FOR PAYMENT
Payment Request #
SECTION II: STATUS OF FUNDS
Grant Amount Awarded
Sum of Past Claims Paid on this Account
Total Grant Amount Awarded Less Sum of Past
Claims paid on this Account
Amount of Previous Unpaid Requests (Insert any
unpaid request)
Amount of Today's Request
10% Retainage Amount Withheld
Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests)
$
12/8/2015 16.D.1.
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
Supervisor
(Approval required $15,000 and above)
Authorizing Grant Accountant
Division Director
(Approval Required $15,000 and above)
Packet Page -795- 7. j
,o'N
EXHIBIT "F -1"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
STATUS OF MATCH
Recipient Name:
Recipient Address:
Project Name:
Project No:
Total Match:
Match Period: -
Match Request #.
SECTION 1: STATUS OF FUNDS
Grant Match Amount
Sum of Past Claims Paid on this Account
Total Match Amount Awarded Less Sum of Past
Claims paid on this Account
Amount of Previous Unpaid Requests (insert any
unpaid request)
Amount of Today's Request
Current Grant Balance (initial Grant Amount
Awarded Less Sum of all requests)
12/8/2015 16.D.1.
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
Title
Authorizing Grant Coordinator
Packet Page -796-
Date
Authorizing Grant Accountant