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Backup Documents 03/12/2013 Item #16D 216D ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # l through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) (List in routing order) Office Initials Date 1. Elly Soto McKuen, Grant Support Specialist Housing, Human, Veterans Services Department ESM 3/12/13 2. Jennifer B. White, ACA Office located within Housing, Human, Veterans Services Department ESM 3. County Attorney's Office County Attorney's Office Number of Original 4. BCC Office Board of County Commissioners Documents Attached 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION 1 (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item ) Name of Primary Staff Contact Elly Soto McKuen, Grant Support Specialist Phone Number 239 - 252 -26 4 Agenda Date Item was 3/12/13 Agenda Item Number 16 D.2 Approved by the BCC Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the ESM Type of Document ESG Subrecipient Agreements - Catholic Number of Original 2 originals each Attached Charities, The Shelter for Abused Women Documents Attached and Children and St. Matthews House INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 matter number» /«document number» Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the ESM Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or ESM the final ne otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and ESM ✓ initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be ESM ✓ provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on _3 /12 /13_and all changes made during the meeting E have been incorporated in the attached document. The County Attorney's Office has reviewe the changes, if applicable. p1• ✓'V 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 matter number» /«document number» 160 2 MEMORANDUM Date: March 18, 2013 To: Elly Soto McKuen, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: ESG Subrecipient Agreements Catholic Charities The Shelter for Abused Women and Children & St. Matthews House Enclosed, please find one (1) original of each documents as referenced above, (Agenda Item #16D2) which was approved by the Board of County Commissioners on Tuesday, March 12, 2012. A fully executed original has been kept by the Minutes and Records Department, as part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you R��N7141_ Grant # - E- 12- UC- 12 -0024E CFDA/CSFA# - 14.231 Subrecipient — Catholic Charities of Collier County, Diocese of Venice, Inc. DUNS # - 877646501 FETI # - 59- 2473176 AGREEMENT BETWEEN COLLIER COUNTY AND CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC. THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC. ", a private not -for- profit corporation existing under the laws of the State of Florida, having its principal office at 2210 Santa Barbara Boulevard, Naples, FL 34116. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney -Vento Homeless Act (42 U.S.C. 11371 -11 378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance and Homeless Management Information System [HMIS]); and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the ESG Program on July 24, 2012, Agenda Item No, I I .E. and as amended on February 12, 2013, Item No. 16.1).13; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, as amended, the County advertised a 30 -day citizen comment period and received citizen comments from December 21, 2012 through January 21, 2013; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the amended One -Year Action Plan for Federal Funds for FY12 -13 providing ESG funds in the amount of $62,490 to CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC. for the EMERGENCY STABILIZATION PROJECT located at 2210 Santa Barbara Boulevard, Naples, FL 34116; and Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Pagel of 31 160 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran Services (I- IHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved the program to assist 66 low income households with rental assistance to avoid homelessness. Households will receive up to three (3) months of rental assistance All services /activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance about treatment, transportation and services for special populations) • Homelessness Prevention and Rapid Re- Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). II, TIME OF PERFORMANCE Services /Activities of the SUBRECIPIENT shall start on the 12th day of March, 2013 and end on the 11th day of March, 2014. The services /activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. III. AGREEMENT AMOUNT The COUNTY agrees to make available SIXTY -TWO THOUSAND FOUR HUNDRED NINETY DOLLARS ($62,490) 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 Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 2 of 31 16D 21 subsequent amendment(s) to the Agreement, shall be referred to as the "Funds"), The budget identified for the Emergency Stabilization Project shall be as follows: All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule ESG Line Item Description ESG Match Funds Funds 1:1 Direct Household Assistance for Rental Assistance $ 62,490 $ 62,490 TOTAL $ 62,490 $ 62,490 All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule Provide 66 households with short term assistance for rent. Final 10% ($6,249) released upon documentation of 66 clients served IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Armando Galella, District Director Catholic Charities of Collier County, Diocese of Venice Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 3 of 31 160 21 2210 Santa Barbara Boulevard Naples, FL 34116 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor, D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 4 of 31 160 2M, amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. 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 COUNTY and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. COUNTY RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" 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. Catholic Charities of Collicr County Diocese of Venice 2012 ESG (ES 12 -03) h:mergency Stabilization Project Page 5 of 31 16D 2 G. TERMINATION In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following; 1. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 84.86(a)(1), this Agreement may also be terminated for convenience by either the COUNTY 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 termination, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. H. MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar- for - dollar pursuant to 24 CFR 576.51. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as state, local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non -cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. Catholic Charities of Collier County Diocese or Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 6 of 31 16D 21 b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with ESG funds in excess of $25,000 as outlined in 24 CFR 570.503(B)(8) must either: a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -ESG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this Agreement. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 7 of 31 16i1 21 2. 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 ).Wade available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS 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, as required by 24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 576.500(y). 4, The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include, but not be limited to, client name, address, income level or other basis for such determining eligibility of client being homeless or "at risk of homelessness ", all required data to adhere to HMIS standards and description of service provided as required by 24 CFR 576.500. Such information shall be made available to COUNTY monitors or their designees for review upon request. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. The SUBRECIPIENT must keep documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101 through 576.109 and the cost principles in OMB Circulars A -87 (24 CFR Part 225) and A -122 (2 CFR Part 230). 6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21 -28 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. 7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to ensure: a. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and /or receives ESG assistance will be kept secure and confidential; b. The address or location of any domestic violence, dating violence, sexual assault, or stalking Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 8 of 31 160 2 shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and c. The address or location of any housing of a program participant will not be made public, except as provided under a pre- existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality; and d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with 24 CFR 576.500(x). e. Disclosure — The SUBRECIPIENT understand that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State or Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent /guardian. The SUBRECIPIENT's written procedures shall ensure confidentiality of records pertaining to the provision of family violence prevention or treatment services with assistance as required by 24 CFR 576.500(x) as set forth in 42 U.S.C. I I375(c)(5). C. REPORTS AND EVALUATIONS (MONITORING) 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 based on Universal Data Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15th day of April, July, October 2013 and January 2014 respectively for the prior quarter period end. As part of the report submitted in January 2014, 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 in Exhibit "C ". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their 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. The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a victim service provider, it may use a comparable database that collects client -level data over time and generates unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs and other programs. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the Catholic Charities of Collier County Diocese of Venice 2012 ESC, (ES 12 -03) Emergency Stabilization Project Page 9 of 31 16D 21 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 HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below, Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $1 OK 3 Written Quotes Above $ l OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) E. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. F. QUESTIONED COSTS If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and /or continue repayment under an installment plan approved by the COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be taken to recover the disallowed costs. For purposes herein, the term "findings" refers to a deficiency in program performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective actions are authorized. G. PROGRAM - GENERATED INCOME Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty (30) days following the execution of this agreement. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 10 of 31 16D 24 H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: malting 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 Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish - heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 11 of 31 16D 2 C. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in 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. D. CONFLICT OF INTEREST The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of interest requirements in 24 CFR 576.404(a) and 24 CFR 84.42, a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions. E. EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b). F. PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). H. HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). I. CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment systern(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 12 of 31 160 24 XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The SUBRECIPIENT must document their compliance with the faith-based activities requirements under 24 CPR 576;406 and will not utilize ESG funds for inherently religious activities prohibited in the federal statute, such as worship, religious instruction or proselytization. XII. 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 pad thereof. IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder get their hands and seals on this 12th day of March, 2013. ATTEST: A. as tQ 14" 1 Ure 00Y.. Dated: Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12-03) Emergency Stabilization Project BOARD OFCO TYCO ISStONERSOF COLLIER Can FL=' ,A M HILLER, ESQ., CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC a. Z� By: Signature o v-i .Sharon Aragona, Chief Operating Ofuer Approved as to form and legal sufficiency: JenniferY White tv-blbuult 'k'ouluy 'ftuvrnvy Page 13 of 31 160 24 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occur -rence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 14 of 31 160 2,.o 5, Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 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: 8. Workers' Compensation as required by Chapter 440, Florida Statutes. 9. 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. 10. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 11. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 12, 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, Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 15 of 31 160 2 a EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Catholic Charities of Collier County, Diocese of Venice, Inc. Sub recipient Address: 2210 Santa Barbara Boulevard Project Name: Emergency Stabilization Project Project No: ES 12 -03 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $ 62,490 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. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor_ Dept Director Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Signature Date Title Page 16 of 31 (approval authority under $14,999) (approval required $15,000 and above) 160 2A EXHIBIT "C" Emergency Shelter Grants (ESG) Program Client Characteristics Report Report Period: Fiscal Year: Contract Number: Organization /s: Program /s: Contact Name: Contact Number: Elderly: 1. Ethnicity and Race of clients served: Report Selection Criteria White Black /African American Asian American Indian /Alaskan Nativ Native Hawaiian /Other Pacific Islander American Indian /Alaska Native /White Asian and White Black /African American and Whit American Indian /Alaskan Native and Black African America Other /Mufti - Racial TOTA UNKNOWN 0 0 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age Catholic Charities of Collier County Diocese of Venice ')nil) ccr:Icc i) _nl� a V. 2012 Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U oanacns Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile HomefTrailer Hotel /Motel Other Apartment/Complex Other Single Family Duplex Emergency Shelter Grants (E age 1 of 3 3. Number of individuals /families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female _ Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total projects) /service(s) provided to clients in range: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol /drug g, child care 16D 21 In. employment I. transitional j. outreach k. soup kitchen /meal distribution I. health care m, HIV /AIDS services n, other (please list) S. Number of clients served by sub population (duplicated count): a. Chronically Homeless b, Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV /AIDS f. Chronic Substance Abuse (alcohol and/or drug) Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) )' V. 2012 g. Severely Mentally III h. runaway / throwaway youth h. other disability (Physical and /or Developmental) Emergency Shelter Grants ge2of3 160 24 (Chronically Homeless - HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 0 0 0 0 0 uarracks Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile HomefTrailer Hotel /Motel Other Apartment /Complex Catholic Charities of Collier County Diocese of Venice 2012 FSG (ES 12 -03) Emergency Stabilization Project Page 19 of 31 160 pq EXHIBIT "D" ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations: requires the Collier. County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the 'audit requirements, sign and date this form. Subrecipient Name Catholic Charities of Collier County, Fiscal Year Diocese of Venice, Inc. Period Total State Financial Assistance Expended during , most recently completed Fiscal Year Total Federal Financial Assistance Expended during most recently completed Fiscal Year - Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year ❑ indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. (it tlnaings were noted, please enclose a copy or the responses ana corrective action pian.1 Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 20 of 31 16D 2.a EXHIBIT "E" EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (l 1) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing - impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 21 of 31 16D 2 EXHIBIT "F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing- impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 22 of 31 16D 2 EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of'Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG - funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD — Veterans Affairs Supportive Housing (HUD –VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110 -161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII- -B of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa -5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq. } }; (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc -21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11331 etseq.)); Catholic Charities of Collier County Diocese of Venice 2012 F_,SG (ES 12 -03) Emergency Stabilization Project Page 23 of 31 160 2 (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG- funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260 -265); (6) Health Center Program (42 CFR part 51 c); (7) State Children's I-IeaIth Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ). Catholic Charities ofCollicr County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 24 of 31 16D Zq (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG- funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for pro>iding ESG assistance. IThe COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimurn these written standards must include: (i) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (ii) Standards for targeting and providing essential services related to street outreach; (iii) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; (v) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re- housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG - funded activities must be coordinated and integrated to the maximum extent practicable); (vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re- housing assistance; (vii) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance; (viii) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (ix) Standards for determining the type, amount, and duration of housing stabilization and /or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re- housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 25 of 31 16D 2A (f) Participation in I-IMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an I-IMIS. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 26 of 31 16D c EXHIBIT "H" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR Part 576 Emergency Solutions Grants Program 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 50 as amended. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 5. Title VIII of the Civil Rights Act of 1968 as amended 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 7. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 9. 24 CPR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 12. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 15. The SUBRECIPIENT agrees to comply with the non- discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non- discrimination provisions in Section 109 of the HCDA are still applicable. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 27 of 31 16D 2 16. Public Law 100 -430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. 17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for; • Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.25, Revision of Budget and Program Plans; • Section 84.40 -84.48 — Procurement contracts and documentation of compliance • Section 84.42 — Non Profit conflict of interests • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; Section 84.61, Termination - In lieu of the provisions of 84.61 Subpart D — After- the -Award Requirements — except for 84.7 1, Closeout Procedures 18, 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 24 CFR 85.25(g) — Program Income 24 CFR 85.36 — Governments conflict of interests 19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. 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. 21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 22. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 28 of 31 160 2 Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes, The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 2011' Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 U.S.C. 7401, et seq. b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 24. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 25. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead -based paint. Such notifications shall point out the hazards of lead -based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /or abatement may be conducted. 26. 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. 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. 27. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 U.S.C. 701). Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 29 of 31 160 z 28. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). 29. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 30. 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. States Local Governments, and Indian Tribes follow: • A -87 for Cost Principles (2 CFR 225) • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: A -122 for Cost Principles (2 CFR 230) A -110 for Administrative Requirements • 2 CFR 22.5 — Appendix E, Cost Principles for Non - Profit Organizations 31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non- Profit Organizations. 32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24,505(c)(2)(ii)(D). 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. 35. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, Catholic Charities of Collier County Diocese of Venice 2012 ESG (ES 12 -03) Emergency Stabilization Project Page 30 of 31 160 2 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 Form -LLL, "Disclosure Form to Report I.,obbying," in accordance with its instructions and shall comply with 24 CFR part 87. 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; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 119.021 Records Retention 39. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e- 2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(1 5)), Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) 40, Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines Catholic Charities of Collier County Diocese of Venice 2012 1SG (ES 12 -03) Emergency Stabilization Project Page 31 of 31 160 20 MEMORANDUM Date: March 18, 2013 To: Elly Soto McKuen, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: ESG Subrecipient Agreements Catholic Charities The Shelter for Abused Women and Children & St. Matthews House Enclosed, please find one (1) original of each documents as referenced above, (Agenda Item #16D2) which was approved by the Board of County Commissioners on Tuesday, March 12, 2012. A fully executed original has been kept by the Minutes and Records Department, as part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you 16U 24 Grant # - E- 12- UC- 12 -0024E CFDA/CSFA# - 14.231 Subrecipient — The Shelter for Abused Women and Children, Inc. DUNS # - 836680769 FETI # - 59- 2752895 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. ", a private not - for -profit corporation existing under the laws of the State of Florida, having its principal office at P.O. Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney -Vento Homeless Act (42 U.S.C. 11371 - 11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance and Homeless Management Information System [HMIS]); and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the ESG Program on July 24, 2012, Agenda Item No.I I .E. and as amended on February 12, 2013, Item No. 16.D.13; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, as amended, the County advertised a 30 -day citizen comment period and received citizen comments from December 21, 2012 through January 21, 2013; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the amended One -Year Action Plan for Federal Funds for FYI 2-13 providing ESG funds in the amount of $46,800 to THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. for the EMERGENCY SHELTER UTILITIES AND SECURITY FOR HOMELESS FAMILIES located at P.O. Box 10102, Naples, FL 34101; and The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 1 of 32 16D 20 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved the project to utilize funds for homeless shelter operations. The funding will assist with emergency shelter utilities and personnel and partial taxes for a Security Coordinator for thirty (30) hours per week. All services /activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance about treatment, transportation and services for special populations) • Homelessness Prevention and Rapid Re- Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). II. TIME OF PERFORMANCE Services /Activities of the SUBRECIPIENT shall start on the 12th day of March, 2013 and end on the 11th day of March, 2014. The services /activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. III. AGREEMENT AMOUNT The COUNTY agrees to make available FORTY -SIX THOUSAND EIGHT HUNDRED DOLLARS ($46,800) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 2 of 32 160 24 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 "). The budget identified for the Emergency Shelter Utilities and Security for Homeless Families shall be as follows: All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule Reimburse salary and taxes for Security Coordinator Upon monthly invoicing of allowable expenses ESG Line Item Description Documentation of 500 clients served ESG Match Funds Funds 1:1 Personnel: Security Coordinator - $15.50/hour for 30 hours per week $ 24,180 $ 24,180 FICA $ 1,820 $ 1,820 Utilities $ 20,800 $ 20,800 TOTAL $ 46,800 $ 46,800 All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule Reimburse salary and taxes for Security Coordinator Upon monthly invoicing of allowable expenses Reimburse utilities cost Upon monthly invoicing of allowable expenses Documentation of 500 clients served Final 10% ($4,680) released IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 3 of 32 160 24 communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Nicole Muley, Development & Grants Officer The Shelter for Abused Women & Children P.O. BOX 10102 Naples, FL 34101 V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. 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 The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 4 of 32 160 24 1 COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. 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 COUNTY and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. COUNTY RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and /or about the Program shall include the statement: The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 5 of 32 160 24 "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" 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. G. TERMINATION In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 84.86(a)(1), this Agreement may also be terminated for convenience by either the COUNTY 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 termination, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. H. MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar- for - dollar pursuant to 24 CFR 576.51. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as state, local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non -cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 6 of 32 16D t provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with ESG funds in excess of $25,000 as outlined in 24 CFR 570.503(B)(8) must either: a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -ESG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 7 of 32 16D t B. DOCUMENTATION AND RECORDKEEPING The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this Agreement. 2. 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 HHVS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS 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, as required by 24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 576.500(y). 4. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include, but not be limited to, client name, address, income level or other basis for such determining eligibility of client being homeless or "at risk of homelessness ", all required data to adhere to HMIS standards and description of service provided as required by 24 CFR 576.500. Such information shall be made available to COUNTY monitors or their designees for review upon request. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. 5. The SUBRECIPIENT must keep documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible activities under 24 CFR 5 76. 101 through 576.109 and the cost principles in OMB Circulars A -87 (24 CFR Part 225) and A -122 (2 CFR Part 230). 6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21 -28 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. 7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 8 of 32 ensure: 160 2 a. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and /or receives ESG assistance will be kept secure and confidential; b. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and c. The address or location of any housing of a program participant will not be made public, except as provided under a pre- existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality; and d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be maintained in accordance with 24 CFR 576.500(x). e. Disclosure — The SUBRECIPIENT understand that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State or Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent /guardian. The SUBRECIPIENT's written procedures shall ensure confidentiality of records pertaining to the provision of family violence prevention or treatment services with assistance as required by 24 CFR 576.500(x) asset forth in 42 U.S.C. I I375(c)(5). C. REPORTS AND EVALUATIONS (MONITORING) 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 based on Universal Data Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15th day of April, July, October 2013 and January 2014 respectively for the prior quarter period end. As part of the report submitted in January 2014, 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 in Exhibit "C ". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their 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. The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a victim service provider, it may use a comparable database that collects client -level data over time and generates unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs and other programs. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 9 of 32 16D 2*4 During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. D. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $10K 3 Written Quotes Above $1 OK to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) E. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. F. QUESTIONED COSTS If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently questioned and disallowed.. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and /or continue repayment under an installment plan approved by the COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be taken to recover the disallowed costs. For purposes herein, the term "findings" refers to a deficiency in program performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective actions are authorized. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 10 of 32 G. PROGRAM - GENERATED INCOME 160 2 Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty (30) days following the execution of this agreement. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. 1. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 11 of 32 160 2 4 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 (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish- speaking, Spanish surnamed or Spanish- heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in 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. D. CONFLICT OF INTEREST The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of interest requirements in 24 CFR 576.404(a) and 24 CFR 84.42, a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions. E. EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b). F. PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). H. HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 12 of 32 1 ND P O DUR CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS A The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The SUBRECIPIENT must document their compliance with the faith -based activities requirements under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal statute, such as worship, religious instruction or proselytization. (This Space Intentionally Left Blank) The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 13 of 32 160 z XII. 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. IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 12th day of March, 2013. ATTPQT• .. BOARD OF COUNT COMMISSIONERS OF COZGEA TY FLORIDA By: . HIL LER, ESQ., CHAIRWOMAN THE SHELTER FOR ABUSED WOMEN AN CHILDREN, INC. By. Signature Linda Oberhaus, Executive Director Approved as to form and legal sufficiency: Jennifer. White Assistant County Attorney "rhe Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 14 of 32 16D 2 EXHIBIT "A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and /or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 15 of 32 under the National Flood Insurance Program is obtained and mainta .1 me a s a D con on 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: 8. Workers' Compensation as required by Chapter 440, Florida Statutes. 9. 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. 10. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 11. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 12. 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. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 16 of 32 260 2 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: The Shelter for Abused Women and Children, Inc. Sub recipient Address: P.O. Box 10102 Project Name: Emergency Shelter Utilities and Security for Homeless Families Project No: ES12 -01 Payment Request # Dollar Amount Requested: $ SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request $ $ 46,800 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ 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. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Supervi Dept Director The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 17 of 32 (approval authority under $14,999) (approval required $15,000 and above) 16U 2 EXHIBIT "C" Emergency Shelter Grants (ESG) Program Client Characteristics Report Report Period: Fiscal Year: Contract Number: Organization /s: Program /s: Contact Name: Contact Number: Elderly: 1. Ethnicity and Race of clients served: Report Selection Criteria White Black /African American Asian American Indian /Alaskan Nativ Native Hawaiian /Other Pacific Islander American Indian /Alaska Native /White Asian and White Black /African American and Whit American Indian /Alaskan Native and Black African America Other /Multi - Racial TOTA UNKNOWN 0 0 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emereencv Shelter Utilities and Securitv V 2012 Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Barracks Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel /Motel Other Apartment/Complex Other Single Family Duplex Emergency Shelter Grants (ESG) Page 1 of 3 3. Number of individuals /families served, by categories: 160 2 1 Number of individual households (singles) Unaccompanied 18 and over Male Female Unaccompanied 17 and under Male Female Number of Families with children Headed by single 18 and over Male Female _ Headed by single 17 and under Male Female Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL 4. Total project(s) /service(s) provided to clients in range: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol /drug g. child care h. employment I. transitional �. outreach k. soup kitchen /meal distribution I. health care m. HIV /AIDS services n. other (please list) S. Number of clients served by sub population (duplicated count): a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV /AIDS f. Chronic Substance Abuse (alcohol and /or drug) The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergencv Shelter Utilities and Securitv Y 2012 g. Severely Mentally III h. runaway / throwaway youth h. Other disability (Physical and /or Developmental) Emergency Shelter Grants Page 160 2 (Chronically Homeless - HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Barracks Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile HomefTrailer Hotel /Motel Other Apartment/Complex The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 20 of 32 « EXHIBIT D „ 160 Z ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non- Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name The Shelter for Abused Women and Fiscal Year Children, Inc. Period Total State Financial Assistance Expended during $ most recently completed Fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and mana ement letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year ❑ indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. kn nnuinys were noMo, piease encwse a copy or the responses anu corrective action pian.1 Certification Statement hereby certify that the above information is true and accurate. Signature I Date Print Name and Title The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 21 of 32 EXHIBIT "E" 160 2 EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing- impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 22 of 32 EXHIBIT "F" 160 Z PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing- impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 23 of 32 16D 2 EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG - funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD –VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110 -161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII –B of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa -5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq. )); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc -21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11331 etseq.)); The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 24 of 32 160 24 (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031. (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG- funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260 -265); (6) Health Center Program (42 CFR part 51 c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ). The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 25 of 32 160 24 (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG- funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. IThe COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (i) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (ii) Standards for targeting and providing essential services related to street outreach; (iii) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; (v) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re- housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG - funded activities must be coordinated and integrated to the maximum extent practicable); (vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re- housing assistance; (vii) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance; (viii) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (ix) Standards for determining the type, amount, and duration of housing stabilization and /or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re- housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 26 of 32 160 21 (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 27 of 32 16D 20 EXHIBIT "H" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR Part 576 Emergency Solutions Grants Program 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 50 as amended. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 5. Title VIII of the Civil Rights Act of 1968 as amended 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 7. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 12. Title Il of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 15. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 28 of 32 160 2 16. Public Law 100 -430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. 17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: Subpart A — General; Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.25, Revision of Budget and Program Plans; • Section 84.40 -84.48 — Procurement contracts and documentation of compliance • Section 84.42 — Non Profit conflict of interests • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.61, Termination - In lieu of the provisions of 84.61 • Subpart D —After-the-Award Requirements— except for 84.71, Closeout Procedures 18. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 24 CFR 85.25(g) — Program Income 24 CFR 85.36 — Governments conflict of interests 19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. 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. 21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 22. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 29 of 32 160 2. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20`h Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 U.S.C. 7401, et seq. b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 24. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 25. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead -based paint. Such notifications shall point out the hazards of lead -based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /or abatement may be conducted. 26. 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. 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. 27. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 U.S.C. 701). The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 30 of 32 16D 24 28. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). 29. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 30. 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. States, Local Governments, and Indian Tribes follow: • A -87 for Cost Principles (2 CFR 225) • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government ) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non -Profit Organizations follow: A -122 for Cost Principles (2 CFR 230) • A -110 for Administrative Requirements 2 CFR 22.5 — Appendix E, Cost Principles for Non - Profit Organizations 31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. 32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). 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. 35. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 31 of 32 16D 21 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 Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. 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; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 119.021 Records Retention 39. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e- 2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C. I I434a(2)) 40. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines The Shelter for Abused Women and Children 2012 ESG (ES 12 -01) Emergency Shelter Utilities and Security For Homeless Families Page 32 of 32 16D 20 MEMORANDUM Date: March 18, 2013 To: Elly Soto McKuen, Grant Support Specialist Housing, Human & Veterans Services From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: ESG Subrecipient Agreements Catholic Charities The Shelter for Abused Women and Children & St. Matthews House Enclosed, please find one (1) original of each documents as referenced above, (Agenda Item #16D2) which was approved by the Board of County Commissioners on Tuesday, March 12, 2012. A fully executed original has been kept by the Minutes and Records Department, as part of the Board's Official Records. If you should have any questions, please call me at 252 -7240. Thank you 160 Grant # - E- 12- UC- 12 -0024E CFDA/CSFA# - 14.231 Subreci Tent — St. Matthews House DUNS # - 831093653 FETI # - 65- 1110501 AGREEMENT BETWEEN COLLIER COUNTY AND ST. MATTHEWS HOUSE, INC. THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier County, a political subdivision of the State of Florida, ( "COUNTY" or "COUNTY ") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and the "ST. MATTHEWS HOUSE, INC. ", a private not - for - profit corporation existing under the laws of the State of Florida, having its principal office at 2001 Airport Road, South, Naples, FL 34112. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney -Vento Homeless Act (42 U.S.C. 11371 - 11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds; to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance and Homeless Management Information System [HMIS]); and WHEREAS, each year, the COUNTY prepares a One -Year Action Plan detailing how it intends to allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and WHEREAS, the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year FY12 -13 for the ESG Program on July 24, 2012, Agenda Item No.I I .E. and as amended on February 12, 2013, Item No. 16.D.13; and WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of the One -Year Action Plan, as amended, the County advertised a 30 -day citizen comment period and received citizen comments from December 21, 2012 through January 21, 2013; and WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012 -137 approving the amended One -Year Action Plan for Federal Funds for FY12 -13 providing ESG funds in the amount of $46,800 to ST. MATTHEWS HOUSE, INC. for the UTILITIES FOR PROGRAMS located at 2001 Airport Road South, Naples, FL 34112; and St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 1 of 31 160 24 NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: I. SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran Services (HHVS), perform the tasks necessary to conduct the program as follows: The FY2012 -2013 Action Plan identified and approved the project to utilize funds for homeless shelter operations. The funding will assist with emergency shelter utilities. All services /activities funded with ESG funds must meet one of the ESG program components as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance about treatment, transportation and services for special populations) • Homelessness Prevention and Rapid Re- Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities). Housing may also be used for short or medium term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). II. TIME OF PERFORMANCE Services /Activities of the SUBRECIPIENT shall start on the 12th day of March, 2013 and end on the 11th day of March, 2014. The services /activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. III. AGREEMENT AMOUNT The COUNTY agrees to make available FORTY -SIX THOUSAND EIGHT HUNDRED DOLLARS ($46,800) 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 "). St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 2 of 31 The budget identified for the Utilities for Programs shall be as follows: 160 20 All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule ESG Line Item Description ESG Match Funds Funds 1:1 Shelter Utilities $ 46,800 $ 46,800 TOTAL $ 46,800 $ 46,800 All services /activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest, responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by HHVS, which shall have access to all records and documents related to the project. 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 HHVS pursuant to the submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." No payment will be made until approved by HHVS. The following project work plan is in effect for program monitoring requirements only, and as such, not intended to be used as a payment schedule: Deliverable Payment Schedule Utility Invoices Final 10% ($4,680) released upon documentation of 600 clients served IV. NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Geoffrey Magon, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 SUBRECIPIENT ATTENTION: Nanette M. Scoville St. Matthews House 2001 Airport Road South Naples, FL 34112 St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 3 of 31 160 Z V. ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non - production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his -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. VI. GENERAL CONDITIONS A. SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. B. GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. C. INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer /employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and /or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. D. AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to end date of this agreement. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 4 of 31 160 2. 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 COUNTY and SUBRECIPIENT. Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be submitted no later than ninety (90) days prior to end date of the Agreement. E. INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and /or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. F. COUNTY RECOGNITION /SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports and similar public notices prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES DEPARTMENT" 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. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 5 of 31 G. TERMINATION 16 D 2 In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include (but are not limited to), the following: 1. 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; 2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; or 4. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. In accordance with 24 CFR 84.86(a)(1), this Agreement may also be terminated for convenience by either the COUNTY 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 termination, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. H. MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar- for - dollar pursuant to 24 CFR 576.51. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as state, local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions; or 2. Non -cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or of any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 6 of 31 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. VII. REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with ESG funds in excess of $25,000 as outlined in 24 CFR 570.503(B)(8) must either: a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after expiration of the term of this Agreement or for such longer period of time as determined to be appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an amendment to this Agreement or such instrument as the COUNTY at its discretion determines appropriate; or b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the COUNTY an amount equal to the current market value of the property less any portion of the value attributable to expenditures of non -ESG funds for the acquisition of or improvements to, the property. No payment is required after the period of time specified in subsection (a). VIII. INSURANCE SUBRECIPIENT shall not commence any work and /or services pursuant to this Agreement until all insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times during its performance. IX. ADMINISTRATIVE REQUIREMENTS A. EXAMINATION OF RECORDS The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: B. DOCUMENTATION AND RECORDKEEPING 1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR 576.500 that are pertinent to the activities to be funded under this Agreement. 2. 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 HHVS. Materials identified in the previous sentence St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 7 of 31 16-0 2 shall be in accordance with generally accepted accounting principles, procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. 3. Upon completion of all work contemplated under this Agreement copies of all documents and records relating to this Agreement shall be surrendered to HHVS 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, as required by 24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept as outlined in 24 CFR 576.500(y). 4. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include, but not be limited to, client name, address, income level or other basis for such determining eligibility of client being homeless or "at risk of homelessness ", all required data to adhere to HMIS standards and description of service provided as required by 24 CFR 576.500. Such information shall be made available to COUNTY monitors or their designees for review upon request. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the SUBRECIPIENT's compliance. The SUBRECIPIENT must keep documentation showing that ESG grant funds were spent on allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101 through 576.109 and the cost principles in OMB Circulars A -87 (24 CFR Part 225) and A -122 (2 CFR Part 230). 6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21 -28 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. 7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to ensure: a. All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and /or receives ESG assistance will be kept secure and confidential; b. The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter; and c. The address or location of any housing of a program participant will not be made public, except as provided under a pre- existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality; and d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 8 of 31 160 t2 maintained in accordance with 24 CFR 576.500(x). e. Disclosure — The SUBRECIPIENT understand that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement, is prohibited by applicable State or Federal law unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. The SUBRECIPIENT's written procedures shall ensure confidentiality of records pertaining to the provision of family violence prevention or treatment services with assistance as required by 24 CFR 576.500(x) as set forth in 42 U.S.C. 11375(c)(5). C. REPORTS AND EVALUATIONS (MONITORING) 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 based on Universal Data Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15th day of April, July, October 2013 and January 2014 respectively for the prior quarter period end. As part of the report submitted in January 2014, 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 in Exhibit "C ". Exhibit "C" contains an example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or their 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. The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a victim service provider, it may use a comparable database that collects client -level data over time and generates unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit organization whose primary mission is to provide services to victims of domestic violence, dating violence, sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence transitional housing programs and other programs. During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on -site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by HHVS or HUD. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 9 of 31 D. PURCHASING All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in compliance with thresholds of the Collier County Purchasing Policy, as shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail. Dollar Range $ Quotes Under $3K No Quote Required Above $3K to $I OK 3 Written Quotes Above $10K to $50K 3 Written Quotes Above $50K Request for Proposal (RFP) Invitation for Bid (IFB) E. AUDITS AND INSPECTIONS At any time during normal business hours and as often as the COUNTY (and /or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit. Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT. Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. F. QUESTIONED COSTS If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum payment by the date specified or begin and /or continue repayment under an installment plan approved by the COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be taken to recover the disallowed costs. For purposes herein, the term "findings" refers to a deficiency in program performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective actions are authorized. Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty (30) days following the execution of this agreement. H. GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 10 of 31 160 records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.0 Florida Statutes regarding records maintenance, preservation and retention. X. OTHER PROGRAM REQUIREMENTS A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining and operating facilities assisted under ESG, in providing services assisted under ESG, and in providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. B. OPPORTUNITIES FOR SMALL AND MINORITY /WOMEN -OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty -one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish- heritage Americans, Asian - Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. C. AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's specifications an Affirmative Action Program in keeping with the principles as provided in 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. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 11 of 31 D. CONFLICT OF INTEREST " The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of interest requirements in 24 CFR 576.404(a) and 24 CFR 84.42, a copy of the personal conflicts of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR 576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions. E. EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation and privacy standards (Exhibit E) as required by 24 CFR 576.403(b). F. PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing requirements and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). H. HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). I. CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS The SUBRECIPIENT must document their compliance with the faith -based activities requirements under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal statute, such as worship, religious instruction or proselytization. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 12 of 31 i 1 2 XII, 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. IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on this 12th day of March, 2013. ATTEST: DWIGHT EL�-07' K, CLERK Chaff t~ n'� A e$t aTf0 Sigma e.= Dated: I(SE) Y . G � ift BOARD OF COUNTY COM SSIONTIRS OF COLLIER COUNTY, FLO By: GEORGIA A. HILLE , CHAIRWOMAN ST.MATTHEWS HOUSE, INC. By: Signature Vann R. Ellison, President and CEO Approved as to form and legal sufficiency: Jennifer B. 'White Assistant County Attorney 11, St. Matthews house, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 13 of 31 EXHIBIT "A" I 1,61D INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services Department, 3339 E. Tamiami Trail, Bldg H Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence /$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100 %) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 14 of 31 OPERATION /MANAGEMENT PHASE (IF APPLICABLE) 16"D After the Construction Phase is completed and occupancy begins, the following insurance must e kept in force throughout the duration of the loan and/or contract: 8. Workers' Compensation as required by Chapter 440, Florida Statutes. 9. 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. 10. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less that $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 11. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100 %) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 12. 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.LM.A. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 15 of 31 ibD 2 EXHIBIT "B" COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: St. Matthews House, Inc. Sub recipient Address: 2001 Airport Road South Project Name: Utilities for Programs Project No: ES 12-02 Payment Request # Dollar Amount Requested: SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Sum of Past Claims Paid on this Account 3. Total Grant Amount Awarded Less Sum Of Past Claims Paid on this Account 4. Amount of Previous Unpaid Requests 5. Amount of Today's Request 6. Current Grant Balance (Initial Grant Amount Awarded Less Sum of all requests) $ $ 46,800 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. To the best of my knowledge and belief, all grant requirements have been followed. Authorizing Grant Coordinator Supervisor. Dept Director St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Signature Date Title Page 16 of 31 (approval authority under $14,999) (approval required $15,000 and above) « EXHIBIT C „ 160 Emergency Shelter Grants (ESG) Program Client Characteristics Report Report Period: Fiscal Year: Contract Number Organization /s: Program /s: Contact Name: Contact Number: Elderly: 1. Ethnicity and Race of clients served: Report Selection Criteria White Black /African American Asian American Indian /Alaskan Nativ Native Hawaiian /Other Pacific Islander American Indian /Alaska Native /White Asian and White Black /African American and Whit American Indian /Alaskan Native and Black African America Other /Multi - Racial TOTA UNKNOWN 0 0 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non Residential Number of Adults Number of Children Number of Unknown Age St. Matthews House, Inc. 2012 ESG (ES 12 -02) Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p barracKs Group /Large House Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile Home/Trailer Hotel /Motel Other Apartment/Complex Other Single Family Duplex Emergency Shelter Grants (ESG) Page 1 of 3 V. 2012 3. Number of individuals /families served, by categories: Number of individual households (singles) Unaccompanied 18 and over Unaccompanied 17 and under Number of Families with children Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL Male Female Male Female 4. Total projects) /service(s) provided to clients in range: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol /drug g. child care Male Female _ Male Female h. employment I. transitional j. outreach k. soup kitchen /meal distribution I. health care m. HIV /AIDS services n. other (please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless b. Victims of Domestic Violence c. Elderly d. Veterans e. Individuals with HIV /AIDS f. Chronic Substance Abuse (alcohol and /or drug) St. Matthews House, Inc. 2012 ESG ES 12 -02 T;r_1Y 2012 g. Severely Mentally III h. runaway / throwaway youth h. Other disability (Physical and /or Developmental) Emergency Shelter Grants (ESG) Page 2 of 3 'S0 2 (Chronically Homeless - HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Non Hispanic Hispanic 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Barracks Group /Large House - Scattered Site Apartment Single Family Detached House Single Room Occupancy Mobile HomelTrailer Hotel /Motel Other Apartment/Complex St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 19 of 31 EXHIBIT "D" 1160 Z ANNUAL AUDIT MONITORING REPORT OMB Circular A -133 Audits of States, Local Governments, and Non - Profit Organizations requires the Collier County Housing, Human and Veterans Services Department to monitor our subrecipients of federal awards and determine whether they have met the audit requirements of the circular and whether they are in compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the following, provide all appropriate documentation regarding your organization's compliance with the audit requirements, sign and date this form. Subrecipient Name St. Matthews House, Inc. Fiscal Year Period Total State Financial Assistance Expended during $ most recently completed fiscal Year Total Federal Financial Assistance Expended during most $ recently completed Fiscal Year Check Appropriate Boxes We have exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending ❑ as indicated above and have completed our Circular A -133 audit. A copy of the audit report and management letter is attached. We exceeded the $500,000 federal /state expenditure threshold for our fiscal year ending as ❑ indicated above and expect to complete our Circular A -133 audit by . Within 30 days of completion of the A -133 audit, we will provide a copy of the audit report and management letter. We are not subject to the requirements of OMB Circular A -133 because we: ❑ Did not exceed the $500,000 federal /state expenditure threshold for the fiscal year ❑ indicated above ❑ Are a for - profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. IT Tlnaln s were notes, piease enclose a COPY OT the responses ana Corrective action Ian. Certification Statement I hereby certify that the above information is true and accurate. Signature I Date Print Name and Title St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 20 of 31 F�2 EXHIBIT "E" 116 D EMERGENCY SHELTERS The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters, as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovations, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing- impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 21 of 31 EXHIBIT "F" PERMANENT HOUSING 160 2 The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating /cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing- impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 22 of 31 160 z EXHIBIT "G" COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; developing the performance standards for, and evaluating the outcomes of, projects and activities assisted by ESG funds; and developing funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG- funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582); (2) Supportive Housing Program (24 CFR part 583); (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882); (4) HUD—Veterans Affairs Supportive Housing (HUD –VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110 -161 (2007), 73 FR 25026 (May 6, 2008)); (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII –B of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. )); (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa -5); (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq. )); (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc -21 et seq.)); (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act); (11) Emergency Food and Shelter Program (title III of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)); St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 23 of 31 160 x (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031); (17) Homeless Veterans Dental Program (38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program (38 CFR part 62); and (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031). (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG- funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990); (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983); (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891); (4) HOME Investment Partnerships Program (24 CFR part 92); (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260 -265); (6) Health Center Program (42 CFR part 51c); (7) State Children's Health Insurance Program (42 CFR part 457): (8) Head Start (45 CFR chapter XIII, subchapter B); (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96); and (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq. ). (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 24 of 31 HUD, each ESG- funded program or project within the Continuum of Care's area must use that assessment system. The recipient and subrecipient must work with the Continuum of Care to ensure the screening, assessment and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. Me COUNTY must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. The recipient must describe these standards in its consolidated plan. At a minimum these written standards must include: (i) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (ii) Standards for targeting and providing essential services related to street outreach; (iii) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (iv) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter; (v) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re- housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG - funded activities must be coordinated and integrated to the maximum extent practicable); (vi) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re- housing assistance; (vii) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance; (viii) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (ix) Standards for determining the type, amount, and duration of housing stabilization and /or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re- housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance; or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 25 of 31 16D 2 accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the subrecipient is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 26 Of 31 160 2 EXHIBIT "H" LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS 1. 24 CFR Part 576 Emergency Solutions Grants Program 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 50 as amended. 3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 5. Title VIII of the Civil Rights Act of 1968 as amended 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 7. Executive Order 11246 ( "Equal Employment Opportunity "), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. 8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. 11. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. 12. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable 13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. 15. The SUBRECIPIENT agrees to comply with the non - discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the HCDA are still applicable. 16. Public Law 100 -430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24 CFR Part 100. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 27 of 31 ibo 2 17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations and specified by the following subsections: • Subpart A — General; • Subpart B — Pre -Award Requirements, except for 84.12, Forms for Applying for Federal Assistance; • Subpart C — Post -Award Requirements, except for: • Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7) and 85.21 in making payments to SUBRECIPIENTs; • Section 84.25, Revision of Budget and Program Plans; • Section 84.40 -84.48 — Procurement contracts and documentation of compliance • Section 84.42 — Non Profit conflict of interests • Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance; • Section 84.52, Financial Reporting; • Section 84.6 1, Termination - In lieu of the provisions of 84.61 • Subpart D —After-the-Award Requirements —except for 84.71, Closeout Procedures 18. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall be followed for sub recipients that are governmental entities. 24 CFR 85.25(g) — Program Income 24 CFR 85.36 — Governments conflict of interests 19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach of this agreement, and the County shall have the discretion to unilaterally terminate this agreement immediately. 20. 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. 21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 22. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and /or mediation shall be attended by representatives of SUBRECIPIENT with full decision - making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 28 of 31 f mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. 23. The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 U.S.C. 7401, et seq. b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to inspection, monitoring, entry, reports and information as well as other requirements specified in said Section 114 and Section 308 and all regulations and guidelines issued there under. 24. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24 CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified by Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and /or reduce the cost of said flood insurance. 25. All shelters assisted under the ESG program and all housing occupied by program participants must adhere to the requirement of the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821 - 4846), the Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M and R. Such regulations pertain to all HUD - assisted housing and require that all owners, prospective owners and tenants of properties construction prior to 1978 be properly notified that such properties may include lead -based paint. Such notifications shall point out the hazards of lead -based paints and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and /or abatement may be conducted. 26. 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. 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. 27. The SUBRECIPIENT must certify that it will provide drug -free workplaces in accordance with the Drug - Free Workplace Act of 1988 (41 U.S.C. 701). 28. The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 29 of 31 .i 29. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K. 30. 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. States, Local Governments, and Indian Tribes follow: • A -87 for Cost Principles (2 CFR 225) • A -102 for Administrative Requirements Educational Institutions (even if part of a State or local government) follow: • A -21 for Cost Principles • A -110 for Administrative Requirements Non - Profit Organizations follow: A -122 for Cost Principles (2 CFR 230) • A -110 for Administrative Requirements 2 CFR 22.5 — Appendix E, Cost Principles for Non - Profit Organizations 31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A -133, Audits of States, Local Governments, and Non - Profit Organizations. 32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). 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. 35. Lobbying - No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 30 of 31 160 z If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions and shall comply with 24 CFR part 87. 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; This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. 37. Any rule or regulation determined to be applicable by HUD. 38. Florida Statutes 119.021 Records Retention 39. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(l 1) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e- 2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney -Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) 40. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines St. Matthews House, Inc. 2012 ESG (ES 12 -02) Utilities for Programs Page 31 of 31