Backup Documents 06/25/2019 Item #16D 1 (Hunger & Homeless Coalition, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 Q
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. Susan Golden Community and Human 06/20/19
Services - �
2. Jennifer Belpedio County Attorney Office
3. BCC Office Board of County W\--N'\
Commissioners \( A /
4. Minutes and Records Clerk of Court's Office ```p
tP6 Wsitot
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
- Name of Primary Staff Susan Golden/CHS Phone Number 252-2336
Contact/ Department
Agenda Date Item was 06/25/2019 Agenda Item Number 16.D.1
Approved by the BCC V Type of Document 15 subrecipient agreements for HUD funcj�d' Number of Original 45 (15 agreements x 3
Attached activities in FY 2019-2020 1/ Documents Attached sets each
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) A plicable)
1. Does the document require the chairman's original signature? S6A tMY 0 K
2. Does the document need to be sent to another agency for additional signatures? If yes, A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG
signed by the Chairman, with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SG
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip NA
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to lahassee within a certain
time frame or the BCC's actions are nullified. Be aware o our deadlines!
8. The document was approved by the BCC 06/25/2019 and all changes made during the SG N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. _ this line.
9. Initials of attorney verifying that the attached document is the version approved by the _ N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for e n option for
Chairman's signature. a' 3 is line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 6 D 1
MEMORANDUM
Date: June 27, 2019
To: Susan Golden, Senior Grants & Housing Coordinator
Community & Human Services
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreement between Collier County
and Collier County Hunger & Homeless Coalition, Inc.
Attached, please find two (2) original copies of the document referenced above,
(Item #16D1) approved by the Board of County Commissioners Tuesday, June 25, 2019.
The third original subrecipient agreement will be held in the Minutes and Records
Department for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
1601
FAIN# E-19-UC-12-0016
Federal Award Date EST 10/2019
Federal Award Agency HUD
CFDA Name Emergency Solutions
Grant
CFDA/CSFA# 14.231
Total Amount of $40,000.00
Federal Funds
Awarded
Subrecipient Name COLLIERCOUNTY
HUNGER&
HOMELESS
COALITION, INC.
DUNS# 150713423
FEIN 04-3610154
R&D No
Indirect Cost Rate No
Period of Performance December 1, 2019—
November 30, 2020
Fiscal Year End 12/31
Monitor End: 08/21
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER AND HOMELESS COALITION,INC.
Homeless Management Inform�otg.System Project
THIS AGREEMENT is made and entered into this J day of Q , 2019, by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee")
having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY
HUNGER AND HOMELESS COALITION, INC., a private not-for-profit corporation existing
under the laws of the State of Florida, ("SUBRECIPIENT")having its principal office at 3510 Kraft Rd,
Suite 200,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
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WHEREAS,the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the
June 25, 2019, Agenda Item ►6 -Z Board of County Commissioners meeting.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required
as a condition of providing ESG funds, as determined by Collier County Community and Human Services
Division(CHS), perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant ESG Program,Homeless Management Information System Project:
Project Component One: Software costs, administration, technical assistance and
maintenance of HMIS system to maintain maximum utilization of allocated user licenses
throughout contract duration.
Project Component Two: Equipment
Project Component Three:Additional Licenses
1. Project Tasks:
a. Attend monthly Continuum of Care meeting and provide HMIS updates
b. Provide quarterly reports on meeting an ESG Eligible Activity
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute
to a program designed to be the first step in a continuum of assistance to enable
homeless individuals and families to move toward independent living,as well as
prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible
Activities 576.21).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60)calendar days of the execution of this Agreement, the SUBRECIPIENT
must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1
B.,below.
B. The following resolutions and policies must be submitted within 60 days of this agreement.
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
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• Affirmative Action Plan
▪ Conflict of Interest Policy
▪ Procurement Policy
❑ Uniform Relocation Act Policy
• Sexual Harassment Policy
® Procedure for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968, as amended(12U.S.C. 794 1 u)
❑ Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C. 794)
® Fraud Policy
® Violence Against Women Act(VAWA) Policy
® LGBTQ Policy
C. Environmental Review Requirement (ERR) - No program costs can be incurred until an
environmental review of the proposed project is completed and approved. Further, the
SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS
Notice to Proceed(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
1.1.1 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Homeless Management Information System (HMIS) shall
be as follows:
Description Federal Amount ESG Match 1:1
Project Component 1: Software costs, administration, $35,000.00
technical assistance and maintenance of HMIS system to
maintain maximum utilization of allocated user licenses
throughout contract duration.
Project Component 2: Equipment $1,468.75
Project Component 3: Additional Licenses $ 3,531.25
ESG Match Requirement: Match is required for a minimum of Documentation of $34,900.00
dollar for dollar, to the total amount required, with each ESG Eligible
submitted pay request. Matching Funds
Total Federal Funds: $40,000.00 $34,900.00
The SUBRECIPIENT will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
n Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation,which supports the presumed benefit of homeless participants
▪ Provide Quarterly Reports and project progress
• Required attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
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❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation.
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act(URA),if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period for the project is met
B. Program Components/Eligible Activities
All services/activities funded with ESG funds must meet one of the ESG program components, as
defined in 24 CFR 576:
• 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 abuse 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).
C. Project Outcome
SUBRECIPIENT will complete HMIS activities such as, HMIS software and licenses for a
maximum of 75 users. CHS may provide equipment to be used for the facilitation of the
HMIS program.
D. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within sixty(60)days of agreement
Policies(Section 1.1) agreement execution
Insurance Insurance Certificate Within 30 days of agreement
execution and annually within thirty
(30)days of renewal
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Detailed project Schedule Project Schedule N/A
Project Plans and Site Plans and Specifications N/A
Specifications
Subcontractor Log Subcontractor Log N/A
Submission of Progress Quarterly Report—Exhibit C Quarterly;within 10 days after the
Report end of the quarter. (even if zero)
Final report due 60 days after
agreement ends.
Section 3 Report Quarterly reports on new hire Quarterly;within 10 days after the
information end of the quarter, until project is
complete
Davis-Bacon Act Certified Weekly Certified Payroll N/A
Payroll reports, forms, and supporting
documentation
Financial and Compliance Audit,Management Letter and Nine(9)months for Single Audit
Audit Exhibit D OR one hundred and eighty(180)
days after FY end.
Program Income Reuse Plan Plan Approved by the County N/A
E. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Software Exhibit B along with proof of invoice Monthly by 10`h of the
costs, administration, payment as evidenced by cancelled month following the
technical assistance and check or bank statement, vendor payment of software
maintenance of HMIS system invoice, and any other documents that or other related
to maintain maximum may be requested. invoices.
utilization of allocated user
licenses throughout contract
duration.
Project Component 2: Equipment
Project Component 3: Additional
Licenses
ESG Match Exhibit B1 along with supporting match Monthly by 10t of the
documentation month following the
month of service.
1.3 PERIOD OF PERFORMANCE
Services of the SUBRECIPIENT shall start on December 1, 2019 and shall end on
November 30, 2020. The services/activities of the SUBRECIPIENT shall be undertaken and
completed in light of the purposes of this Agreement. Any funds not obligated by the expiration
date of this Agreement shall automatically revert to the COUNTY.
1.4 AGREEMENT AMOUNT
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The COUNTY agrees to make available FORTY THOUSAND DOLLARS AND ZERO CENTS
($40,000.00)for use by the SUBRECIPIENT,during the Term of the Agreement(hereinafter,shall
be referred to as the "Funds").
Modifications to the`Budget and Scope"may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10 percent and does not signify a change
in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board
approval.
All services/activities specified in Part 1. 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 forth
in Section 13.3. of this Agreement. Contract administration shall be handled by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents
related to the project.
The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible
costs, and all disbursements requests must be limited to the amount needed at the time of the
request. Invoices for work performed are required every month. SUBRECIPIENT may expend
funds only for allowable costs resulting from obligations incurred during the term of this agreement.
If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to
send the required backup, a $0 invoice will be required. Explanations may be required if two
consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT
when requested as work progresses but,not more frequently than once per month. Reimbursement
will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the program but not invoiced within 90 days after the end of the Agreement may not be
processed without written authorization from the Grant Coordinator.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to
the SUBRECIPIENT.
No payment will be made until approved by CHS for grant compliance and adherence to any and
all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a
properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise
known as the"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2
CFR 200.93.Accordingly,payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
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Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed
specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT
must provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement
requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the
Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A
Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart
E and may impose requirements upon the Developer in order for the COUNTY to remain compliant
with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls
and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any
notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
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: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples,Florida 34112
Email: Carolyn.Noble@colliercountyfl.gov
Telephone: (239)252-5393
SUBRECIPIENT COLLIER COUNTY HUNGER AND HOMELESS COALITION,
INC.
ATTENTION: Christine Welton, Executive Director
Physical Address: 3510 Kraft Rd., Suite 200
Naples, FL 34105
Mailing Address: PO Box 9202,Naples,FL 34101
Telephone: (239)263-9363
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and
any other data relating to all matters covered by the agreement for review, inspection, or audit.
Any deficiencies noted in audit reports must be fully cleared by the SUBRECIPIENT within 30
days after receipt by the organization. Failure of the organization to comply with the above audit
requirements will constitute a violation of this contract and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in
accordance with current COUNTY policy concerning SUBRECIPIENT audits.
The determination of amounts of Federal awards expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this agreement, the ESG Program and all other
applicable laws and regulations. This documentation shall include, but not be limited to, the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed,prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY, by the
SUBRECIPIENT,at any time,upon request by the COUNTY or CHS.Materials identified
in the previous sentence shall be in accordance with generally accepted accounting
principles (GAAP), procedures and practices, which sufficiently and properly reflect all
revenues and expenditures of funds provided directly or indirectly by this Agreement,
including matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs,direct and indirect labor,materials,
equipment, supplies and services, and other costs and expenses of whatever nature for
which reimbursement is claimed under the provisions of this Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all documents
and records relating to this Agreement shall be surrendered to CHS, if requested. In any
event,the SUBRECIPIENT shall keep all documents and records in an orderly fashion in
a readily accessible, permanent, and secured location for five (5) years after the date of
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submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333,with the following exception: if any litigation,claim, or audit is started before the
expiration date of the five(5)year period,the records will be maintained until all litigation,
claim or audit findings involving these records are resolved. The COUNTY shall be
informed, in writing, if an agency ceases to exist after closeout of this Agreement of the
address where the records are to be kept, as outlined in 2 CFR 200.336: The
SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at
no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with the
information technology systems of the COUNTY.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT,CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL
34112.
E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR
576.100 and the eligibility requirement(s) under which funding has been received, have
been met. These also include special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576.100, income certification, and written
agreements with beneficiaries,where applicable.
F. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the public agency would provide the records and at a cost that does not
exceed the cost provided in this Chapter 119,Florida Statutes or as otherwise provided by
law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized
by 2 CFR 200.336 and 2 CFR 200.337.
2.3 MONITORING
During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit D) to
the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180)
days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end.
The COUNTY will conduct an annual financial and programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring
visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desk top
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
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request of CHS, submit information and status reports required by CHS or HUD to enable CHS to
evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall
allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or
unscheduled, as determined by CHS or HUD.
COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards, as stated, with all
other applicable laws,regulations,and policies governing the funds provided under this Agreement
further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will
constitute noncompliance with this Agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD,
the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the
COUNTY's internal auditor(s) access to all records related to performance of activities in this
Agreement.
2.4 PREVENTION OF FRAUD AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient
to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this
Agreement and to provide for the proper and effective management of all Program and fiscal
activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events are to be clearly documented and the documentation shall be readily
available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all of its records,employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent
waste,fraud, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
a violation of the terms of this Agreement or of any law or regulation to COUNTY or to
any appropriate law enforcement authority, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy
to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds
from CHS. CHS's policy for escalation for non-compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the
SUBRECIPIENT and will require a corrective action plan be submitted to the Division
within 15 days following issuance of the report.
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• Any pay requests that have been submitted to the Division for payment will be
held until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the entity, as
needed, in order to correct the non-compliance issue.
2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner
to the Division, the Division may require a portion of the awarded grant amount be
returned to the Division.
• The COUNTY may require upwards of five percent(5%)of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue or
repeats an issue that was previously corrected and has been informed by the Division
of their substantial non-compliance by certified mail; the Division may require a
portion of the awarded grant amount or the amount of the ESG investment for
acquisition of the properties conveyed, be returned to the Division.
• The Division may require upwards of ten percent (10%) of the award amount be
returned to the Division, at the discretion of the Board of County Commissioners.
• The entity will be in violation of Resolution No. 2013-228
4. If in the case after repeated notification the SUBRECIPIENT continues to be
substantially non- compliant, the Division may recommend the contract or award be
terminated.
• The Division will make a recommendation to the Board of County Commissioners
to immediately terminate the agreement or contract. The SUBRECIPIENT will be
required to repay all funds disbursed by the COUNTY for project that was
terminated. This includes the amount invested by the COUNTY for the initial
acquisition of the properties or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be
non-compliant,the above sanctions may be imposed across all awards at the BCC's discretion.
2.6 REPORTS
Reimbursement may be contingent on the timely receipt of complete and accurate reports required
by this Agreement, and on the resolution of monitoring findings identified pursuant to this
Agreement, as deemed necessary by the County Manager or designee.
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During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the
10th day of January,April,July and October,respectively,for the prior quarter period end.As part
of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive
final report covering the agreed-upon Program objectives, activities, and expenditures and
including but not limited to, performance data on client feedback with respect to the goals and
objectives set forth in Exhibit "C". Exhibit "C" contains a sample reporting form to be used in
fulfillment of this requirement. Other reporting requirements may be required by the County
Manager or designee, in the event of Program changes; the need for additional information, or
documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for
default and termination of this Agreement.
2.7 ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds,the financial sources necessary to continue to
pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement,which termination shall be effective as of the date that it
is determined by the County Manager or designee, in his or her sole discretion and judgment,that
the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the
HEARTH Act.The SUBRECIPIENT also agrees to comply with all other applicable Federal,State,
and Local laws,regulations, and policies governing the funds provided under this Agreement. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT
shall at all times remain an "independent contractor"with respect to the services to be performed
under this Agreement. The COUNTY shall be exempt from payment of all Unemployment
Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation
Insurance, as the SUBRECIPIENT is an independent contractor.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization, and approved by the COUNTY's governing
body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY
or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
governmental guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding,the scope of services, or schedule of the activities to
be undertaken as part of this Agreement, such modifications will be incorporated only by written
amendment signed by both Grantee and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and
must be implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of
curtailment or non-production of said federal funds,the financial sources necessary to continue to
pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the
COUNTY may terminate this Agreement,which termination shall be effective as of the date that it
is determined by the County Manager or designee, in his or her sole discretion and judgment,that
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the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees
that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities,
damages, losses,costs,and causes of action which may arise out of an act, omission, including,but
not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement. This indemnification obligation shall not be construed to negate,
abridge or reduce any other rights or remedies which otherwise may be available to an indemnified
party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses
of any nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue
thereon. This Indemnification shall survive the termination and/or expiration of this Agreement.
This section does not pertain to any incident arising from the sole negligence of Collier County.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the
limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or
termination of this Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on
behalf of,and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER
COUNTY COMMUNITY AND HUMAN SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design
concept is intended to disseminate key information regarding the development team, as well as
Equal Housing Opportunity,to the general public. Construction signs shall comply with applicable
COUNTY codes.
3.8 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.339, 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 terminations, the portion to be
terminated. However, if in the case of a partial termination, the COUNTY determined 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.
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The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules,regulations or provisions referred to herein,or such
statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may
become applicable at any time;
B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
C. Ineffective or improper use of funds provided under this Agreement;
D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or
incomplete in any material respect.
E. Submission by the SUBRECIPIENT of any false certification;
F. Failure to materially comply with any terms of this Agreement;
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part;
B. Require the use of or change in professional property management;
C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that
SUBRECIPIENT has received under this Agreement;
D. Apply sanctions, if determined by the COUNTY to be applicable;
E. Stop all payments, until identified deficiencies are corrected;
F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination.If the Agreement is terminated by the
COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim
of benefit for any incomplete project activities undertaken under this Agreement.
3.9 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds as referenced in 1.1.1.A. Project
Description/Budget and pursuant to 24 CFR 576.201. Matching funds shall be provided after the
date of the grant award. Funds used to match a previous ESG grant may not be used to match a
subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the
matching funds from any source, including any Federal source other than the ESG program,as well
as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any
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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),to include the value
of any real property,equipment, goods,or services contributed to the SUBRECIPIENT's ESG
program,provided that if the SUBRECIPIENT had to pay for them with grant funds,the costs
would have been allowable.Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building,or of any lease,using a method
reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates consistent
with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If
the SUBRECIPIENT does not have employees performing similar work,the rates must
be consistent with those ordinarily paid by other employers for similar work in the
same labor market.
3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching
requirements,provided the costs are eligible ESG costs that supplement the ESG program.
3.10 REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition
to any and all other remedies available to the COUNTY(whether under this Agreement, or at law
or in equity),the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand
at the time of termination(or expiration)and any accounts receivable attributable to the use of ESG
funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all insurance required, as outlined in Exhibit"A" and 2 CFR 200.310 has been obtained and said
insurance shall be carried at all times during SUBRECIPIENTS's performance under the
agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget
and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the
Emergency Solutions Grant. (24CFR576 et seq.)
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3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing
thresholds are:
Range: Competition Required
$0-$3,000 Single Quote with documentation
$3,000- $50,000 3 Written Quotes
$50,000+ Formal Solicitation (ITB, RFP, etc)
All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding, under a procedure acceptable to the
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for
improvements with the lowest, responsible, and qualified bidder. Contract administration shall be
handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records
and documents related to the project.
3.14 PROGRAM-GENERATED INCOME
No Program Income is anticipated. In the event there is Program Income derived from the use of
ESG funds disbursed under this Agreement, such Program Income shall be retained by the
SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any"Program Income" (as
such term is defined under applicable Federal regulations) gained from any activity of the
SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When
program income is generated by an activity that is only partially funded with ESG funds,the
income shall be prorated to reflect the percentage of ESG funds used. In the event there is a
program income balance at the end of the Program Year, such balance shall revert to the
COUNTY's Emergency Solutions Grant Program,for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include,but are not limited to: making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in Part 2.2, the
SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records
maintenance, preservation, and retention. A conflict between State and Federal law records
retention requirements will result in the more stringent law being applied such that the record must
be held for the longer duration. Any balance of unobligated funds which have been advanced or
paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to
the COUNTY. SUBRECIPIENT shall also produce records and information that complies with
Section 215.97,Florida Single Audit Act. Closeout procedures must take place in accordance with
2 CFR 200.343 and ensure all federal grant requirements have been completed.
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3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected
to,discrimination under any activity carried out by the performance of this Agreement on the basis
of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of
evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3 residents,
in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of
1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires
that to the greatest extent feasible employment and economic opportunities be directed to low and
very low income residents of the area,and that contracts for work in connection with the project be
awarded to business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable,the SUBRECIPIENT shall involve homeless individuals and
families in constructing, renovating, maintaining, and operating facilities assisted under ESG, in
providing services assisted under ESG,and in providing services for occupants of facilities assisted
under ESG. This involvement may include employment or volunteer services. Section 3 is relative
to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions
specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent compliance with
these requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business
enterprises, and women's business enterprises the maximum practicable opportunity to participate
in the performance of this Agreement.As used in this Agreement,the terms"small business"means
a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-
one(51) percent owned and controlled by minority group members or women. For the purpose of
this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish
surnamed, or Spanish-heritage Americans, Asian-Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as
minority and female business enterprises in lieu of an independent investigation.
3.18 PROGRAM BENEFICIARIES
N/A
3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out, pursuant to the COUNTY's
specifications, an Affirmative Action Program, in keeping with the principles as provided in
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.
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The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to
the award of funds.
3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises any
functions or responsibilities in connection with the Project, has any personal financial interest,
direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner
or degree with the performance of this Agreement and that no person having any conflict of interest
shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants
that it will comply with all provisions of 24 CFR 576.404,2 CFR 200.318,and the State and County
statutes, regulations, ordinances, or resolutions governing conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified and that the costs are reasonable.
Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision
is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own
employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be
interpreted in such a manner so as not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low- and moderate-
income residents of the project target area.
3.21 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).
3.22 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.
3.23 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).
3.24 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
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3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES
The SUBRECIPIENT must keep documentation evidencing the use of and written intake
procedures for the centralized or coordinated assessment system(s)developed by the Continuum of
Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g).
3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in'Section 24 CFR 576.406. The SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on the
basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct ESG funds to support any inherently
religious activities, such as worship,religious instruction, or proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures
to the extent that those structures are used for inherently religious activities. Where a
structure is used for both eligible and inherently religious activities, ESG funds may not
exceed the cost of those portions of the acquisition, construction, or rehabilitation that are
attributable to eligible activities in accordance with the cost accounting requirements
applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG
funded religious congregation uses as its principal place of worship,however,are ineligible
for ESG funded improvements.
3.27 INCIDENT REPORTING
If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect,or exploitation of
a child,aged person, or disabled adult to the COUNTY.
3.28 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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PART IV
GENERAL PROVISIONS
1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations
regarding the ESG Program.
2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended.
https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24 cfr5 8_main_02.tpl
3. Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974
as amended. https://www.hudexchange.info/resource/2184/housing-and-community-
development-hcd-act-of-1974/
https://www.gpo.gov/fdsys/pkg/PLAW-104pub1120/html/PLAW-104pub1120.htm
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
https://www.hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights-
requirements/index.html https://www.justice.gov/crt/executive-order-13166
5. Title VIII of the Civil Rights Act of 1968 as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which
prohibits discrimination and promotes equal opportunity in housing.
https://www.law.cornell.edu/cfr/text/24/570.601
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.
https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html
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. https://www.eeoc.gov/laws/statutes/titlevii.cfm
9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all
applicable rules and orders issued hereunder prior to the execution of this contract, shall be a
condition of the Federal financial assistance provided under this contract and binding upon the
COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and
subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the
SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal
assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
https://www.hudexchange.info/resource/2330/24-cfr-part-13 5-section-3-regulations/
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10. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include
the following language in all subcontracts executed under this Agreement:
A. "The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area,and that contracts for work in connection with the project
be awarded to business concerns that provide economic opportunities for low- and
very low-income persons residing in the metropolitan area in which the project is
located."
11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment
arising in connection with a housing rehabilitation (including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project are given to low-
and very low-income persons residing within the metropolitan area in which the ESG-funded
project is located; where feasible, priority should be given to low- and very low-income persons
within the service area of the project or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD programs; and award contracts for work
undertaken in connection with a housing rehabilitation(including reduction and abatement of lead-
based paint hazards), housing construction, or other public construction project to business
concerns that provide economic opportunities for low- and very low-income persons residing
within the metropolitan area in which the ESG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very low-
income residents within the service area or the neighborhood in which the project is located,and to
low-and very low-income participants in other HUD programs.
12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that
would prevent compliance with these requirements.
13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended
by Executive Orders 11375, 11478, 12107 and 12086.
https://www.hud.gov/program_offices/fair housing_equal_opp/fair_housing_and_related_law
14. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR
Part 8. https://www.hud.gov/sites/documents/5784_N 01 NOTICE_5 15_14.PDF
16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as
applicable https://www.law.cornell.edu/uscode/text/42/12131
17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally
assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675
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19. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter
79-45 - which prescribes goal percentages for participation of minority businesses in Emergency
Solutions Grant Contracts.https://ogc.commerce.gov/page/executive-order-11625
20. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws,regulations,and executive orders referenced in 24 CFR 570.607,as
revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of
the HCDA are still applicable. https://www.law.cornell.edulcfr/text/24/570.607
21. Public Law 100-430-the Fair Housing Act(42 U.S.C..3601,et seq.)and implementing regulations
° at 24 CFR Part 100. https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102-
Pg1619.pdf
22. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations
relating thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall
constitute a breach of this Agreement, and the COUNTY shall have the discretion to unilaterally
terminate this Agreement immediately. https://www.uscis.gov/tools/glossary/immigration-reform-
and-control-act-1986-irca
23. Prohibition of Gifts to County Employees-No organization or individual shall offer or give,either
directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any County
employee, as set forth in Chapter 112, Part III,Florida Statutes, Collier County Ethics Ordinance
No. 2004-05, as amended, and County Administrative Procedure 5311.
http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures-
f CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud%2ONEW.pdf
https://www.collierclerk.com/records-search/bmr-records-search
24. Order of Precedence-In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the
Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved
by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be
resolved by imposing the more strict or costly obligation under the Contract Documents upon the
Contractor at SUBRECIPIENT's discretion.
25. Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement
to resolve disputes between the parties, the parties shall make a good faith effort to resolve any
such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall
be attended by representatives of SUBRECIPIENT with full decision-making authority and by
COUNTY'S staff person who would make the presentation of any settlement reached during
negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of
depositions in any litigation between the parties arising out of this Agreement, the parties shall
attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator
certified by the State of Florida. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida
Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state
court and the US District Court, 20th Judicial Court of Florida, if in federal court.BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY
WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF,THIS AGREEMENT.
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26. The SUBRECIPIENT agrees to comply with the following requirements:
Clean Air Act,41 U.S.C. 7401, et seq.
Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to
inspection, monitoring, entry, reports and information as well as other requirements specified in
said Section 114 and Section 308 and all regulations and guidelines issued there under.
https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm
https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf
27. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001
and 24 CFR 570.605 Subpart K),the SUBRECIPIENT shall assure that for activities located in an
area identified by Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and maintained.
If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would
satisfy this requirement and/or reduce the cost of said flood insurance.
https://www.fema.gov/media-library/as sets/documents/7277
https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vo l3/CFR-2012-titl e24-vo l3-secs 70-60 5
28. All shelters assisted under the ESG program and all housing occupied by program participants must
adhere to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 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.
http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter63&edition=prelim
29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set
forth in 36 CFR Part 800,Advisory Council on Historic Preservation Procedures for Protection of
Historic Properties, insofar as they apply to the performance of this agreement.
https://www.nps.gov/history/local-law/nhpa1966.htm
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.
30. 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).https://www.gpo.gov/fdsys/granule/USCODE-
2009-title41/USCODE-2009-title41-chap 10-sec701/content-detai1.html
31. 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). https://www.gpo.gov/fdsys/granule/USCODE-
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2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html
32. 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. https://www.law.cornell.edu/cfr/textl24/part-570/subpart-K
33. 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.
34. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty
(180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply
with the requirements and standards of OMB Audits of States,Local Governments,and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY
reserves the right to recover any disallowed costs identified in an audit after such closeout.
35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in
Appendix A to 2 CFR Part 170 https://www.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW-
109pub1282.pdf
36. 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). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-voll/CFR-
2009-title49-vol 1-part24
37. As provided in§287.133,Florida Statutes by entering into this Agreement or performing any work
in furtherance hereof,the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors
and consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida
Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search_String=&UR
L=0200-0299/0287/Sections/0287.133.html
38. 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.
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39. 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.
https://www.law.comell.edu/cfr/text/24/part-87
40. 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;
41. 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. https://www.gpo.gov/fdsys/granule/USCODE-2010-
title31/USCODE-20 10-title31-subtitleII-chap13-subchapIlI-sec 1352/content-detail.html
42. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem
rates in effect at the time of travel. https://www.gsa.gov/travel/plan-book/per-diem-rates
43. Any rule or regulation determined to be applicable by HUD.
44. Florida Statutes 119.021 Records Retention https://m.flsenate.gov/Statutes/119.021
45. Florida Statutes, 119.071, Contracts and Public Records
https://www.lawserver.com/law/state/florida/statutes/florida statutes_119-07
46. Unaccompanied youth under 25 years of age, or families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are
defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)),
Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health
Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7
U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)),
Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2))
https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless-
youth
47. 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
https://www.epa.gov/enforcementlresource-conservation-and-recovery-act-rcra-and-federal-
facilities https://www.law.cornell.edu/cfr/text/40/247.1
(Signature Page to Follow)
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on the date first written above.
ATTOSK BOARD OF 'I) 11, COMMISSIONERS OF
CRItTkr,I .KINZEI ,CLERK COLLIERr�Y, FLOR
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t 0 pu 31er< WI 'IAM L. —VI-11. :;''AIRMAN
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Date: 1 Zr- 1 1 9
��� 'G COLLIER COUNTY HUNGER AND HOMELESS
Dated: -1 COALI ION, INC.
(SEAL)
By: I .43_ 110 _ 4".111;.
_
CHRISTINE WELTON, EX 'erI E DIRECTOR
Date: i 2- /9
Approved as to form and legality:
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Jennifer elpedioy09) CS\:
Assistant County Attorney 1J \
Date: Co \` 5\\`'‘
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16D1
EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two(2)years after
the Certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred (100%)percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency(FEMA) as having special flood hazards, flood insurance under
the National Flood Insurance Program is obtained and maintained as a condition of financial
assistance for acquisition or construction purposes(including rehabilitation).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept in
force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. . Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee with respect
to this coverage A.T.I.M.A(As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
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EXHIBIT "B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Hunger and Homeless Coalition, Inc.
Subrecipient Address: PO Box 9202,Naples, FL 34101
Project Name: Emergency Solutions Grant— HMIS
Project No: ES 19-03,IDIS # Payment Request#
Total Payment Minus Retainage:
Period of Availability: 12/01/19 through 11/30/20
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
1.Grant Amount Awarded $
2.Sum of Past Claims Submitted on this Account $
3.Total Grant Amount Awarded Less Sum of Past Claims
Submitted on this Account $
4.Amount of Today's Request $
5.10%Retainage Amount Withheld $
6.Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all
grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval Required $15,000 and
above)
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MATCH FORM
COLLIER COUNTY
EXHIBIT B1
REQUEST FOR MATCH
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name:
Sub recipient Address:
Project Name:
Project No: Match Request#:
Match Amount Requested Today:
SECTION II: STATUS OF FUNDS
1. Total Match Amount Per Agreement $
2. Total Amount of Previous Match Submitted $
3. Total Match Amount Awarded Per Agreement Less Total
Amount of Previous Match Submitted $
4. Amount of Today's Request $
5. Match Balance(Match per Agreement Less the Sum of All
Match submitted) $
I cert that this request for payment/match has been made in accordance with the terms and conditions
of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my
knowledge and belief all grant requirements have been followed.
Signature . Date
Title
Authorizing Grant Authorizing Grant Accountant
Supervisor Department Director
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EXHIBIT "C"
HMIS (ESG) Quarterly Report
Report Criteria for ALL users:
1. Number of current licensed users:
2. Number of new users this quarter:
3. Number of Training Sessions Provided:
4. Number of Technical Assistance Calls:
5. Number of current Agencies:
6. Number of Agencies set up this quarter:
7. Number of new projects set up by Administrator by type:
Shelter Operations Emergency Shelter
Rapid Re-housing Outreach
Coordinated Assessment Homelessness Prevention
Transitional Housing Permanent Housing
Other(describe)
Other(describe)
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EXHIBIT "D"
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine i
subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County
requires that all appropriate documentation is provided regarding your organization's compliance. In
determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards
based on when the activity related to the Federal award occurs, including any Federal award provided by
Collier County. The determination of amounts of Federal awards expended shall be in accordance with the
guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be
used to monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during
during most recently completed Fiscal Year most recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has
been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed
or will be completed by . Copies of the audit report and management letter
are attached or will be provided within 30 days of completion.
B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we:
❑ Did not exceed the expenditure threshold for the fiscal year indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is
included separate from the written response provided within the audit report. While we
❑ understand that the audit report contains a written response to the finding(s), we are
requesting an updated status of the corrective action(s) being taken. Please do not provide
just a copy of the written response from your audit report, unless it includes details of the
actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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EXHIBIT "E"
HMIS COMPONENT
The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general
restrictions as applicable:
24 CFR 576.107:HMIS component. The SUBRECIPIENT may use ESG funds as follows:
(a)Eligible costs.
(1)The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the
HMIS designated by the Continuum of Care for the area, including the costs of:
(i)Purchasing or leasing computer hardware;
(ii)Purchasing software or software licenses;
(iii)Purchasing or leasing equipment, including telephones, fax machines, and furniture;
(iv) Obtaining technical support;
(v) Leasing office space;
(vi)Paying charges for electricity, gas, water, phone service, and high-speed data
transmission necessary to operate or contribute data to the HMIS;
(vii)Paying salaries for operating HMIS, including:
(A) Completing data entry;
(B)Monitoring and reviewing data quality;
(C) Completing data analysis;
(D) Reporting to the HMIS Lead;
(F)Training staff on using the HMIS or comparable database; and
(G)Implementing and complying with HMIS requirements;
(viii)Paying costs of staff to travel to and attend HUD-sponsored and HUD-approved
training on HMIS and programs authorized by Title IV of the McKinney-Vento
Homeless Assistance Act;
(ix)Paying staff travel costs to conduct intake; and
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(x)Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is
not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of
Care to operate the area's HMIS.
(2)If the recipient is the HMIS lead agency, as designated by the Continuum of Care in the
most recent fiscal year Continuum of Care Homeless Assistance Grants Competition, it
may also use ESG funds to pay the costs of:
(i)Hosting and maintaining HMIS software or data;
(ii)Backing up,recovering, or repairing HMIS software or data;
(iii)Upgrading,customizing, and enhancing the HMIS;
(iv)Integrating and warehousing data, including development of a data warehouse for use
in aggregating data from subrecipients using multiple software systems;
(v)Administering the system;
(vi)Reporting to providers,the Continuum of Care, and HUD; and
(vii)Conducting training on using the system or a comparable database, including
traveling to the training.
(3)If the subrecipient is a victim services provider or a legal services provider, it may use ESG
funds to establish and operate 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.
(b) General restrictions. Activities funded under this section must comply with HUD's standards on
participation, data collection, and reporting under a local HMIS.
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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 artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store, prepare,and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the
shelter must have at least one working smoke detector.There must also be a second means
of exiting the building in the event of fire or other emergency.
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EXHIBIT "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.));
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault,Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act(42 U.S.C. 13975));
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act(38 U.S.C. 2021);
(14) Domiciliary Care for Homeless Veterans Program(38 U.S.C.2043);
(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61);
(16) Health Care for Homeless Veterans Program(38 U.S.C. 2031);
(17) Homeless Veterans Dental Program(38 U.S.C. 2062);
(18) Supportive Services for Veteran Families Program(38 CFR part 62); and
(19) Veteran Justice Outreach Initiative(38 U.S.C. 2031).
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(c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
mainstream housing, health, social services, employment, education, and youth programs for which
families and individuals at risk of homelessness and homeless individuals and families may be eligible.
Examples of these programs include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g)(24 CFR parts 905, 968,and 990);
(2) Housing programs receiving tenant-based or project-based assistance under section 8 of
the U.S.Housing Act of 1937(42 U.S.C. 14370(respectively 24 CFR parts 982 and 983);
(3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891);
(4) HOME Investment Partnerships Program(24 CFR part 92);
(5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265);
(6) Health Center Program(42 CFR part 51c);
(7) State Children's Health Insurance Program(42 CFR part 457):
(8) Head Start(45 CFR chapter XIII, subchapter B);
(9) Mental Health and Substance Abuse Block Grants(45 CFR part 96);and
(10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.).
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment and referral of program participants are consistent with the
written standards required by paragraph(e)of this section.A victim service provider may choose not
to use the Continuum of Care's centralized or coordinated assessment system.
(e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards
for providing ESG assistance and must consistently apply those standards for all program participants.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG;
(2) Standards for targeting and providing essential services related to street outreach;
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special populations, e.g., victims of
domestic violence, dating violence, sexual assault, and stalking; and individuals and
families who have the highest barriers to housing and are likely to be homeless the longest;
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families'needs for essential services related to emergency shelter;
(5) Policies and procedures for coordination among emergency shelter providers, essential
services providers, homelessness prevention, and rapid re-housing assistance providers;
other homeless assistance providers; and mainstream service and housing providers (see
§576.400(b) and (c) for a list of programs with which ESG-funded activities must be
coordinated and integrated to the maximum extent practicable);
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(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible families
and individuals will receive rapid re-housing assistance;
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-housing
assistance;
(8) Standards for determining how long a particular program participant will be provided with
rental assistance and whether and how the amount of that assistance will be adjusted over
time; and
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide to a program participant, including the limits, if any, on the
homelessness prevention or rapid re-housing assistance that each program participant may
receive, such as the maximum amount of assistance, maximum number of months the
program participant receive assistance; or the maximum number of times the program
participant may receive assistance.
(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.
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