Agenda 04/14/20 Item #13 (Agenda ID 12225) 04/27/2020
EXECUTIVE SUMMARY
Recommendation to approve two (2) agreements totaling$1,437,560 with the United Way of Collier
County and the Keys to implementing an Emergency Solutions Grant-CV COVID-19 and State
Housing Initiative Partnership program to benefit individuals and households impacted by the
Coronavirus pandemic.
OBJECTIVE: To provide COVID-19 financial resources to individuals and households in need of rental
and mortgage/foreclosure assistance throughout Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) has notified
Collier County of its Emergency Solutions Grant (ESG-CV) funding in the amount of $707,128 to
implement a COVID-19 related Homeless Prevention and Homeless Rapid Re-Housing Rental Assistance
Program. In a separate agreement, Community and Human Services Division (CHS) is programming
$801,145 of State Housing Initiatives Partnership (SHIP) previously unencumbered SFY 19-20, to
implement a Mortgage Assistance, Foreclosure Prevention, Financial Counseling, and Short-Term Rental
Assistance Program.
These COVID-19 programs will be undertaken in partnership with the United Way of Collier County and
the Keys and their partner not-for-profit organizations which have an infrastructure in place to provide
post-disaster assistance as demonstrated by Hurricane Irma. The proposed United Way agreement for
ESG-CV funding of$636,415 will become effective immediately upon execution by the County and will
benefit residents in need of short-term rental assistance. The second agreement for $801,145 of SHIP
funding will provide both short-term rental assistance and mortgage assistance, financial counseling, or
foreclosure prevention for households who have lost employment or income during the Coronavirus
pandemic. All beneficiaries must meet the income guidelines as required by the federal or state funding
sources. The recipients of the ESG-CV shall be fifty percent(50%) AMI or below and the majority of the
SHIP applicants will be persons earning less than eighty percent(80%)of area median income as required
by the grantor agencies. In compliance with Collier County Procurement, and during a declared disaster,
contracting with United Way is exempt from the competitive solicitation. There may be non-material
changes in the implementation of these COVID-19 housing assistance programs as the federal and state
guidelines are being adjusted on a weekly basis.
Program United Way Contracts
ESG-CV $636,415
SHIP $801,145
TOTAL $1,437,560
To accommodate social distancing and stay at home orders, HUD waivers and the CARES Act now allow
public hearings to be held virtually and have waived the 30-day public notice to authorize a 5-day
advertisement and public comment period. The SHIP advertising requirements have also been waived
during this declared disaster. A public notice regarding ESG-CV and State SHIP funding was advertised
in the Naples Daily News on April 21, 2020, with public comments being received through Sunday, April
26, 2020. Any comments received during this emergency 5-day period will be provided to the Board and
made part of the public record.
FISCAL IMPACT: The proposed actions described in this executive summary have no new Fiscal
impact. The ESG COVID-19 funding is being recognized in a companion Agenda Item. The ESG
COVID-19 funding is budgeted in the Housing Grant Fund (705), Project 33675. The PY19-20 SHIP
allocation is budgeted in the SHIP Grant Fund(791), Projects 33613.
04/27/2020
LEGAL CONSIDERATIONS: Entities that do business with Collier County must be registered
with the State of Florida. We were informed that"United Way of Collier and the Keys"has
been approved by the United Way to conduct business and that an application has been
submitted to the State of Florida but it has been delayed because the State is short staffed due to
Covid-19. Due to the emergency nature of this item, the agreements were processed. With this
said, The United Way is aware that to receive payments under the agreements the entity name
"United Way of Collier and the Keys"must be registered by the time payments are requested. As
such,this Item is approved for form and legality and requires a majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: Federal HUD funding and State SHIP funds assist the County
in addressing some of the goals and objectives of the Housing Element in the Growth Management Plan.
RECOMMENDATION: To Approve two (2) agreements totaling $1,437,560 with the United Way of
Collier County and the Keys to implementing an Emergency Solutions Grant-CV COVID-19 and State
Housing Initiative Partnership program to benefit individuals and households impacted by the
Coronavirus pandemic.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator; Community and Human Services
Division
ATTACHMENT(S)
1. United Way SHIP Agreement (PDF)
2.Emergency Solutions Grant(ESG) (PDF)
04/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number:
Doc ID: 12225
Item Summary: Recommendation to approve two (2) agreements totaling $1,437,560 with the
United Way of Collier County and the Keys to implement an Emergency Solutions Grant-CV COVID-19
and State Housing Initiative Partnership program to benefit individuals and households impacted by the
Coronavirus pandemic.
Meeting Date: 04/27/2020
Prepared by:
Title:—Community& Human Services
Name: Susan Golden
04/15/2020 3:15 PM
Submitted by:
Title: Manager- Federal/State Grants Operation—Community& Human Services
Name: Kristi Sonntag
04/15/2020 3:15 PM
Approved By:
Review:
Community&Human Services Tami Bailey Additional Reviewer Completed 04/22/2020 8:03 AM
Community&Human Services Maggie Lopez Additional Reviewer Completed 04/22/2020 10:47 AM
Community&Human Services Cynthia Kemner Additional Reviewer Completed 04/22/2020 2:08 PM
Community&Human Services Kristi Sonntag CHS Review Completed 04/22/2020 2:19 PM
Community&Human Services Cormac Giblin Additional Reviewer Completed 04/22/2020 2:29 PM
Operations&Veteran Services Kimberley Grant Level 1 Reviewer Completed 04/22/2020 6:35 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 04/23/2020 8:51 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 04/23/2020 9:08 AM
Grants Erica Robinson Level 2 Grants Review Completed 04/23/2020 10:20 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/23/2020 4:28 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/23/2020 4:39 PM
County Attorneys Office Jeffrey A. Klatzkow Level 3 County Attorneys Office Review Completed 04/24/2020 9:52 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 04/24/2020 2:46 PM
Grants Therese Stanley Additional Reviewer Completed 04/24/2020 3:28 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/24/2020 3:40 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/27/2020 10:00 PM
Grant-SHIP FY 2019-2020
Agreement#: SHIP 19-20DA01
Activity: Disaster Assistance
Subrecipient: The United Way of
Collier and The Keys,Inc.
CSFA#: 52.901
Total Award Amount: $801,145.00
DUNS#: 163305485
FEIN: 59-1026096
Period of Performance:
April 28, 2020—June 30,2021
Fiscal Year End: March 31
Monitoring End: December 2021
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE UNITED WAY OF COLLIER AND THE KEYS,INC.
COVID-19 Rental and Mortgage Foreclosure Assistance
THIS AGREEMENT is made and entered into this Z — day of 4I 1 , 2020, 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, Suite 211,Naples FL 34112,and The United Way
of Collier and The Keys,Inc.,(SUBRECIPIENT), a private not-for-profit corporation existing under the
laws of the State of Florida, having its principal office 9015 Strada Stell Court, Suite 204,Naples, FL
34109.
WHEREAS,the William E. Sadowski Affordable Housing Act adopted by the State of Florida in 1992
provided a dedicated revenue source for affordable housing in Florida and created the State Housing Initiatives
Partnership(SHIP)Program;and
WHEREAS, the State Housing Initiative Program is established in accordance with Section 420.907-
9079,Florida Statutes and Chapter 67-37,Florida Administrative Code;and
WHEREAS,the COUNTY is a participant in the State Housing Initiatives Partnership Program; and
WHEREAS,pursuant to the State Housing Initiatives Partnership Program,the COUNTY is undertaking
certain activities to primarily benefit persons or households earning not greater than 120 percent of median annual
income adjusted for family size; and
WHEREAS,the Fiscal Year 2019-2022 Local Housing Assistance Plan,as amended,was adopted by the
Board of County Commissioners,on June 25,2019,Resolution No.2019-109,and amended by technical revision
submitted April 15,2020.
WHEREAS, the SUBRECIPIENT has submitted a proposal for participation in the Collier
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COVID-19 Rental and Mortgage Foreclosure Assistance Project
WHEREAS,the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of
each, in undertaking the SHIP Disaster Project#SHIP 19-20 DA01 COVID-19 Rental and Mortgage Foreclosure
Assistance Project.
NOW,THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by
the Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing SHIP funds, as determined by Collier County Community and
Human Services (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: COVID-19 Rental and Mortgage/Foreclosure and Counseling Assistance
Program
Description of project and outcome: Provide rental assistance and mortgage and/or foreclosure
prevention assistance, along with financial counseling to those affected by COVID-19.
Financial support to those impacted by the pandemic for a period no longer 12 months.
COVID-19 Housing Support Project:
Project Component One: SHIP Short Term Rental Assistance
Project Component Two: SHIP Mortgage/Foreclosure Assistance
Project Component Three: SHIP Mortgage/Foreclosure Financial Counseling
1. Project Tasks:
a. All households shall be served in compliance with
the program regulations,by funding source, as provided in the Exhibit C
b. Provide quarterly reports on meeting SHIP Eligible Activities -Exhibit D
2. SHIP Documentation Requirements Compliance Criteria:
Activities carried out with funds under this Agreement will be performed in compliance
with State Housing Incentives Partnership (SHIP) Program,Florida Statute 420.9071 and
Chapter 67-37 of the Florida Administrative Code, and any amendments thereto (also
referred as the SHIP Program) and support housing activities for those affected by COVID-
19.
United Way of Collier and the Keys 2 CO')
COVID-I9
SHIP 19-20DA01
COVID-19 Rental and Mortgage Foreclosure Assistance Project
1.1 DEFINITIONS AND PURPOSE •
A. DEFINITIONS
Terms shall be as defined in the State Housing Incentives Partnership (SHIP) Program,
Section 420.9071,Florida Statutes and Chapter 67-37 of the Florida Administrative Code,
and any amendments thereto (also referred to as the SHIP Program).
B. PURPOSE
The purpose of this Agreement is to state the covenants and conditions under which the
SUBRECIPIENT will implement the Scope of Service, summarized in Section 1.2 and
Exhibit C of this Agreement.
1.2 SCOPE OF SERVICE
The SUBRECIPIENT shall,in a satisfactory and proper manner,as determined by the COUNTY,
perform the necessary tasks to administer and implement the described services herein
incorporated by reference,as Exhibit C (Disaster Rental and Mortgage/Foreclosure Assistance),
in accordance with the terms and conditions of State Housing Initiatives Partnership Disaster
Funding.
1.3 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,the SUBRECIPIENT
must deliver to CHS for approval a detailed project schedule for the completion of the
project.
B. The following resolutions and policies must be submitted within sixty (60) days of this
Agreement:
• Affirmative Fair Housing Policy
® Affirmative Action/Equal Opportunity Policy
® Conflict of Interest Policy
/1 Procurement Policy
i4 Uniform Relocation Act Policy
® Sexual Harassment Policy
® Procedure for compliance with requirements set forth in Section 3 of the Housing
and Urban Development Act of 1968, as amended (12 U.S.C. 794 1 u)
Procedures for compliance with requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
•• Limited English Proficiency Policy(LEP)
® Violence Against Women Act(VAWA) Policy
® LGBTQ Policy
United Way of Collier and the Keys .).
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COVID-19 Rental and Mortgage Foreclosure Assistance Project
C. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of the
Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair
Housing training and all other CHS-offered income certification training.
1.4 PROJECT DETAILS
A. Project Description/Budget
Description State Amount
Project Component 1: SHIP Short Term Rental Assistance $382,500.00
for households at risk of eviction
Project Component 2: SHIP Mortgage/Foreclosure $378,000.00
Assistance for households at risk of foreclosure
Project Component 3: SHIP Mortgage/Foreclosure
Financial Counseling and Web Portal Enhancements $40,645.00
Total State Funds: $801,145.00
The SUBRECIPIENT may, with prior COUNTY approval, adjust the budget between Project
Components, as needed, in order to respond to the needs of the community. Total expenditures
may not exceed the Total State Funds.
The SUBRECIPIENT will accomplish the following checked project tasks:
Pay all closing costs related to property conveyance
[l Maintain and provide to the COUNTY, as requested, beneficiary income certification
documentation,retained at SUBRECIPIENT location
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
• Provide Quarterly Reports on project progress
® Attendance by a representative from executive management at quarterly partnership
meetings is required, as requested by CHS
❑ 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
►1Comply with Section 3 and maintain documentation
n Provide certified payroll weekly throughout construction and rehabilitation
Comply with Uniform Relocation Act (URA), if necessary
(1 Ensure applicable numbers of units are Section 504/ADA accessible
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B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in Exhibit C.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within sixty (60) days of
Policies (Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate, per Within 30 days of Agreement
Exhibit A execution and annually within
thirty (30)days of renewal
Detailed Project Schedule Project Schedule Within sixty (60) days of
Agreement execution
Project Plans and NA NA
Specifications
Subcontractor Log NA NA
Submission of Progress Exhibit D Quarterly reports,within 10 days
Report after the end of the quarter. Final
report due 60 days after final
services provided or the
Agreement ends,whichever is
earlier.
Section 3 Report NA NA
Davis-Bacon Act Certified NA NA
Payroll
Financial and Compliance Audit,Management Letter, Annually: nine (9) months after
Audit and Exhibit E FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Revenue Plan for NA NA
maintenance and Capital
Reserve
Continued Use NA NA
Certification
Program Income Reuse NA NA
Plan
Income Documentation SHIP Income Certification Maintained in the Subrecipient
form client files and validated at the
Interim and Closeout monitoring
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D. Payment Deliverables
Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: SHIP Exhibit B along with invoice and proof of Monthly,by 10th of
Rental Assistance, including but rent payment as evidenced by cancelled month following the
not limited to rent checks or bank statements,plus lease month of service
agreement and late notice or eviction with
initial pay request only,and any other
documents,as requested
Project Component 2: SHIP Exhibit B along with invoice and proof of Monthly, by 10th of
Mortgage/Foreclosure mortgage payment or funds paid to month following the
Assistance, including but not mitigate foreclosure as evidenced by month of service
limited to mortgage or payment cancelled checks or bank statements,
or funds necessary to mitigate mortgage,mortgage arrearage statement,
foreclosure (if applicable),and any other documents,
as requested
Project Component 3: a. Exhibit B along with invoice and a. Monthly,by 10th
a. SHIP proof of counseling session, and any of month
Mortgage/Foreclosure other documents,as requested following the
Financial Counseling b. Web Portal documentation showing month of service
and rental and mortgage application b. One time only
b. Web Portal assistance tools within 60 days
Enhancement of agreement
execution
1.5 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on April 27,2020 and end on June 30, 2021,or during the
period of Declared Disaster whichever comes first. 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.
1.6 AGREEMENT AMOUNT
The COUNTY agrees to make available EIGHT HUNDRED ONE THOUSAND, ONE
HUNDRED FORTY-FIVE DOLLARS ($801,145.00)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, by COUNTY, in
advance.
All services/activities specified in Part 1 Scope of .Services shall be performed by
SUBRECIPIENT or its subcontractors that meet State requirements. Contract administration
shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project.
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The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of SHIP funds until funds are needed for eligible
costs, and all disbursement 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 is 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 reimbursement will be made until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and in
compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.7 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or sent by facsimile or other electronic means. Any
• notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All
notices and other written communications under this Agreement shall be addressed to the
individuals in the capacities indicated below, unless otherwise modified by subsequent written
notice.
COLLIER COUNTY ATTENTION: Lisa Carr, Sr. Grant Coordinator
Collier County Government
Community and Human Services
3339 E Tamiami Trial, Suite 211
Naples,Florida 34112
Email to: Lisa.Carr@colliercountyfl.gov
Phone: 239-252-2339
United Way of Collier and the Keys 7
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SHIP 19-20DA0I '�',
COVID-19 Rental and Mortgage Foreclosure Assistance Project "�
SUBRECTPIENT ATTENTION: Steve Sanderson, CFRE,President and CEO
The United Way of Collier and the Keys, Inc.
9015 Strada Stell Court, Suite 204
Naples,FL 34109
Email to: Steve.Sanderson@uwcollier.org
Telephone: 239-261-712, ext. 205
Remainder of this Page Intentionally Left Blank
United Way of Collier and the Keys 8
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COVID-19 Rental and Mortgage Foreclosure Assistance Project CAS)
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 SUBRECIPIENT. Failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future payments.
The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance
with current COUNTY policy concerning SUBRECIPIENT audits.
. The determination of amounts of FL State awards expended shall be in accordance with
guidelines established by FL Statute 215.97 (Florida Single Audit Act).
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with the program
regulations of the funding source, as provided in Exhibit C, to determine compliance with the
requirements of this Agreement, the requisite Programs, and all other applicable laws and
regulations. This documentation shall include, but is not limited to,the following:
A. All records required by SHIP regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily
would be required by COUNTY in order to perform the service.
C. All reports,plans,surveys,information, documents,maps,books,records,and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for
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
matchingfunds 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.
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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, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a
readily accessible, permanent, and secured location for five (5) years after the date of
submission of the annual performance and evaluation report, as prescribed in 2 CFR
200.333, with the following exception: if any litigation, claim, or audit is started before
the expiration date of the five (5) year period, the records will be maintained until all
litigation, claim, or audit findings involving these records are resolved. If the
SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the
COUNTY, in writing, 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 COUNTY's information technology systems.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832,
Michael.Cox@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files
on clients served and documentation that all households are eligible under FHFC Income
Guidelines. Income certification documentation will be validated at interim and closeout
monitoring. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how the Program components, the applicable
regulations included in Exhibit C,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 the applicable exhibit, including
income certification, and written agreements with beneficiaries,where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same terms
and conditions that the COUNTY would provide the records and at a cost that does not
exceed the cost provided in 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.
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2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring
report (Exhibit E) 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 desktop
review of the activities may be conducted in lieu of an on-site visit. The continuation of this
Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the
request of CHS,submit information and status reports required by CHS or FHFC,to enable CHS
to evaluate said progress and to allow for completion of required reports. The SUBRECIPIENT
shall allow CHS or FHFC to monitor the SUBRECIPIENT on site. Such site visits may be
scheduled or unscheduled, as determined by CHS or FHFC.
COUNTY will monitor the performance of the SUBRECIPIENT 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,
Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to
provide FHFC,the Florida Office of Inspector General,the Florida Office of Inspector General,
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 of the Agreement. SUBRECIPIENT's internal control systems and all transactions and
other significant events shall be clearly documented and shall be readily available for monitoring
by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all 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 to the
COUNTY, or any appropriate law enforcement authority, a violation of the terms of this
Agreement or any law or regulation, if the report is made in good faith.
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2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this Agreement.Penalties may be imposed for failure to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an
escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds from CHS. CHS's policy for escalation for noncompliance is as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT,which will require a corrective action plan to be submitted to CHS
within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held until
the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed,in order to correct the noncompliance issue.
2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely manner,
CHS may require a portion of the awarded grant amount be returned to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If SUBRECIPIENT continues to fail to correct the outstanding issue or repeats'an
issue that was previously corrected and has been informed by CHS of their substantial
noncompliance by certified mail; CHS may require a portion of the awarded grant
amount or the amount of the investment for acquisition of the properties conveyed,
be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned to the
COUNTY, at the discretion of the Board.
•
• The SUBRECIPIENT will be in violation of Resolution No.2013-228
4. If after repeated notification the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
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• CHS will make a recommendation to the Board to immediately terminate the
Agreement. The SUBRECIPIENT will be required to repay all funds disbursed
by the COUNTY for the 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 the SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,the
above sanctions may be imposed across all awards at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate reports
required by this Agreement, and on the resolution of monitoring findings identified pursuant to
this Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, 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 August 2021 or when final services
delivered,whichever is earlier,the SUBRECIPIENT also agrees to include a comprehensive final
report covering the agreed-upon Program objectives, activities, and expenditures, including but
not limited to, performance data on client feedback with respect to the goals and objectives set
forth in Exhibit D, which 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.
Remainder of this Page Intentionally Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTORS
This Agreement may be assigned or subcontracted without need for written consent of the
COUNTY. The SUBRECIPIENT shall provide a copy of all agreements with
subcontractors/vendors to the COUNTY within 60 days of execution of each agreement.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements as outlined in Sections 420.907-
420.9079 of the Florida Statutes and Chapter 67-37 of the Florida Administrative Code. The
SUBRECIPIENT also agrees to comply with all other applicable state and local laws,regulations,
and policies governing the funds provided under this Agreement. The SUBRECIPIENT agrees
to utilize funds available under this Agreement to supplement, rather than supplant, funds
otherwise available for Rental and Mortgage Foreclosure Assistance.
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 benefits, life and/or medical insurance
and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
SUBRECIPIENT.
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
Local guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding,the scope of services, or schedule of the activities
to be undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from FHFC provided SHIP grant funds and
must be implemented in full compliance with all of.FHFC's rules and regulations and any
agreement between COUNTY and FHFC governing grant funds pertaining to this Agreement. In
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the event of curtailment or non-production of said state funds,the financial sources necessary to
continue to pay the SUBRECIPIENT all or any portion 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. These disaster funds are
only available during the Governor's declared disaster period.
3.6 DEFAULTS,REMEDIES, AND TERMINATION
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.
3.7 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,or omission,including,
but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the
negligence,recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its
agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or
any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the
performance of this Agreement.This indemnification obligation shall not be construed to negate,
abridge, or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all
claims and losses of any nature whatsoever in connection therewith and shall defend all suits in
the name of the COUNTY and shall pay all costs(including attorney's fees)and judgments which
may issue there-on. This Indemnification shall survive the termination and/or expiration of this
Agreement. This section does not pertain to any incident arising from the sole negligence of
Collier County. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall
survive the expiration or termination of this Agreement.
3.8 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 digital,prepared and released by the SUBRECIPIENT for, on
behalf of, and/or about the Program shall include the statement:
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"FINANCED BY FLORIDA HOUSING FINANCING COPORATION (FHFC) 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.
3.9 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 determines that the
remaining portion of the award will not accomplish the purpose for which the award was made,
the COUNTY may terminate the award in its entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement, in compliance with 2 CFR 200,Appendix II (A):
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations, executive orders, and FHFC guidelines,policies, or directives
as may become applicable at any time
B. Failure,for any reason,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 of reports to the COUNTY that are incorrect or incomplete in any material
respect.
E. Submission of any false certification by the SUBRECIPIENT.
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, in compliance with 2 CFR 200,
Appendix II (B): •
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in,professional property management
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C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all SHIP 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.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until
all required insurance, as outlined in Exhibit A, has been obtained. Said insurance shall be
carried, at all times during SUBRECIPIENT's performance under the Agreement. The
SUBRECIPIENT shall furnish a Certificate of Insurance naming Collier County as an additional
insured with general liability limits of at least $1,000,000 per occurrence in accordance with
Exhibit A.
3.11 PURCHASING
All purchasing for consumables, capital equipment and services shall be made by purchase order
or by a written contract and in conformity and in full compliance with the procedures prescribed
by applicable Florida Statutes(FL 287.017)and the Collier County Purchasing Policy,whichever
is more stringent. Collier County Ordinance#2017-08 allows for contracting with not-for-profits
through the approved exemption.
3.12 DEBARMENT
The SUBRECIPIENT certifies that no officer or agent of the SUBRECIPIENT has been debarred
from bidding, proposing, or contracting for federal, state, or local government programs. The
SUBRECIPIENT assures that all its subcontractors who will participate in activities, which are
subject to this agreement, are eligible and have not been debarred.
3.13 GRANT CLOSEOUT PROCEDURES
The SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements
are completed. Activities during this closeout period shall include,but not be limited to: making
final payments, disposing of program.assets (including the return of all unused materials,
equipment, program income balances, and receivable accounts to the COUNTY), close out
monitoring and determining the custodianship of records. In addition to the records retention
outlined in Section VIII.B, 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
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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. The SUBRECIPIENT shall also produce records
and information that complies with Section 215.97, Florida Single Audit Act.
3.14 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall, on the ground of race, creed, color, religion,
national origin,sex,handicap,familial status,marital status or age be excluded from the benefits
of, or be subjected to discrimination under any activity carried out by the SUBRECIPIENT in
performance of this Agreement. Upon receipt of evidence of such discrimination,the COUNTY
shall have the right to terminate this Agreement. The SUBRECIPIENT will take affirmative
action to ensure that all employment practices are free from such discrimination. Such
employment practices include but are not limited to the following: hiring, upgrading, demotion,
transfer,recruitment or recruitment advertising,layoff,termination,rate of pay or other forms of
compensation,and selection for training,including apprenticeship. The SUBRECIPIENT agrees
to post in conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
To the greatest.extent feasible, lower-income residents of the project areas shall be given
opportunities for training and employment; and to the greatest feasible extent eligible business
concerns located in or owned in substantial part by persons residing in the project areas shall be
awarded contracts in connection with the project. The SUBRECIPIENT is encouraged to comply
with Section 3 of the Housing and Community Development Act of 1968.
3.15 PROGRAM BENEFICIARIES
As defined by Florida Statute Section 420.9071-420.9079 and the Collier County Local Housing
Assistance Plan (LHAP), 100 percent of the beneficiaries receiving SHIP funding through this
Agreement must meet the requirement to be at or below 120 percent of the Area Median Income
(AMI), as established by HUD. Additionally, the SHIP program requires the SUBRECIPIENT
to meet specific income set-asides,which are described in Exhibit C.Income eligibility of tenants
will be validated with supporting documentation during interim monitoring and at close out.
{
3.16 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program,
pursuant to the COUNTY's specifications, in keeping with the principles as provided in
President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide
Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such
program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds. If the Affirmative Action Plan is updated during the period
of performance of this Agreement, the updated plan must be submitted to the COUNTY within
30 days of any update/modification.
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3.17 PROHIBITED ACTIVITY
The SUBRECIPIENT is prohibited from using funds provided herein, or personnel employed in
the administration of the program for: political activities; sectarian or religious activities;
lobbying,political patronage, and nepotism activities.
3.18 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 "Conflict of Interest",per FL Statute 287.057
and any additional 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 the costs are
reasonable.Approval of an identity of interest contract will be at 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 areas.
3.19 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
State funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set in Florida Statue, Chapter 196.011. The
SUB RECIPIENT shall comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment on the basis of
religion and will not limit employment or give preference in employment to persons on
the basis of religion.
B. It will not discriminate against any person applying for public services on the basis of
religion and will not limit such services or give preference to persons on the basis of
religion.
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C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition,practice, and expression of its
religious beliefs, provided it does not use direct State 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, SHIP 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 SHIP funds in this part. Sanctuaries, chapels, or other rooms that a SHIP
funded religious congregation uses as its principal place of worship, however, are
ineligible for SHIP funded improvements.
3.20 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.
3.21 ENFORCEMENT OF AGREEMENT
The benefits of this Agreement shall inure to, and may be enforced by the COUNTY for the
duration of the Agreement, whether or not the COUNTY shall continue to be the holder of the
Mortgage, whether or not the Project loan may be paid in full, and whether or not any bonds
issued for the purpose of providing funds for the project are outstanding. The SUBRECIPIENT
warrants that it has not, and will not, execute any other agreement with provisions contradictory
to, or in opposition to, the provisions hereof, and that, in any event, the requirements of this
Agreement are paramount and controlling as to the rights and obligations herein set forth and
supersede any other requirements in conflict herewith. However, this shall not preclude the
COUNTY from subordinating its loan to construction financing.
3.22 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
3.23 COPYRIGHTS AND PATENTS
If this Agreement results in a book or other copyright materials or patent materials, The
SUBRECIPIENT may copyright or patent such, but Collier COUNTY and the State of Florida
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use such materials and to authorize others to do so.
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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.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL,CLERK COLLI r COUNTY, FLORID
By: -,%‘.
, Deputy Clerk BU' L. SAUNDE S, CF RMA
Date: (-1-11-21)20
-The. UNITED WAY OF COLLIER and THE KEYS,.INC,
Dated:
(SEAL)
By:
STEVEN SANDERSON, PRESIDENT AND CEO
Date: `‘l-� C...6
Approved as to form and legality:
aU
Jennifer A. Belpedio
Assistant County Attorney
tic
Date:
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division, 3339 E.
Tamiami Trail, Suite 211,Naples,Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that
meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability, including products and completed operations insurance, in the amount of
$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional
insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned, and hired vehicles used in connection
with this contract, in an amount not less than $1,000,000 combined single limit for combined Bodily
Injury and Property Damage.
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 SUBRECIPIENT 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.
11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full
replacement values of the structure(s)or the maximum amount of coverage available through the National
Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY& HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name:
SUBRECIPIENT Address:
Project Name:
Project No: Payment Request#
Total Payment Minus Retainage
Period of Availability: through
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 (if applicable) $
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
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EXHIBIT C
STATE HOUSING INITIAVE PARTNERSHIP (SHIP) PROGRAM
RENTAL and MORTGAGE/FORECLOSURE ASSISTANCE
The SHIP Rental and Mortgage/Foreclosure Assistance Program provides assistance to eligible Collier
County residents who have experienced loss of income,reduction in hours, or unemployment,as a result
of COVID-19.. Assistance will only be provided for rents and mortgage/foreclosure payments due
beginning on April 1,2020 and onward. This program is NOT DESIGNED to assist those who were not
financially impacted by COVID-19.
The SUBRECIPIENT must adhere to the rules and regulations associated with Florida Statute Sections
420.9071-420.9079 and Chapter 67-37 F.A.C., as they apply to this agreement. SHIP Assistance may
be provided to households with annual income,up to 120 percent Area Median Income(AMI), as •
established by HUD.
This program is only available during the Governor's Declared Disaster Period. All applications must
be dated during this period.
Availability of Funds to Applicants
Applicants for the Rental and Mortgage/Foreclosure Assistance programs will be served on a first-
come, first-qualified basis. First priority will be given to special need applicants, which include the
disabled community and general/honorably discharged veterans, as evidenced by SSI/Disability
documentation or Form DD-214.
Program Set-Asides
The SUBRECIPIENT must meet the following SHIP mandated,program set-asides:
A. At least 30 percent of the total available funds must be used for households with less
than 50 percent AMI, adjusted for household size, as annual defined by HUD, and
B. At least 30 percent of the total available funds must be used for households with less •
than 80 percent AMI, adjusted for household size, as annual defined by HUD, and
C.. At least 20 percent of households assisted must be special needs, as defined in FL
Statute 420.0004(13).
Evaluation of Program Participant's Eligibility and Needs:
SHIP Rental Assistance
Eligibility Requirements including but not limited to:
A. Individuals or households that are renters in Collier County. The SUBRECIPIENT must
collect documentation that confirms that participant was unable to pay rent, due to
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temporary loss of income, reduction in hours, or unemployment, as a result of the
COVID-19.
B. Applicant must show proof of late notice,three-day notice,or formal eviction notice from
the landlord.
C. Applicant(s) gross annual incomes must not exceed 120 percent of Area Median Income
(AMI) limits based on household size, as established by HUD for the Metropolitan
Statistical Area of Naples, Immokalee and Marco Island. Income eligibility of tenants
will be validated with supporting documentation during interim monitoring and at close
out.
D. Eligible properties must be located within Collier County.
E. The following housing units are deemed ineligible for participation in the SHIP program:
1. Hotels/Motels
2. Rooming/Halfway Houses
3. Units deemed uninhabitable by Collier County Code Enforcement
4. Units not in compliance with State and Local ordinances
5. Properties owned by an immediate family member of the applicant (parents,
stepparents,children, siblings or grandparents)
SHIP Mortgage/Foreclosure Assistance
Eligibility Requirements including but not limited to:
A. Individuals or households that are homeowners in Collier County.The SUBRECIPIENT
must collect documentation that confirms that participant was at risk of mortgage default,
in foreclosure due to temporary loss of income, reduction in hours, or unemployment, as
a result of the COVID-19.
B. Applicant must provide a statement from the mortgage company, showing the mortgage
arrearage or foreclosure notice
C. Applicant(s) gross annual incomes must not exceed 120 percent of Area Median Income
(AMI) limits based on household size, as established by HUD for the Metropolitan
Statistical Area of Naples, Immokalee and Marco Island.
D. Eligible properties must be located within Collier County and is the applicant's owner-
occupied,primary residence.
E. The first mortgage must be held by a federally regulated financial institution. Private
mortgages are not eligible.
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Mortgage Foreclosure Prevention Financial Counseling
Mortgage and/or Foreclosure Prevention Counseling is an allowable activity,using SHIP funds provided
in this agreement. SUBRECIPIENT may request reimbursement for mortgage and/or foreclosure
prevention counseling to eligible program beneficiaries. Mortgage and/or Foreclosure Prevention
Counseling rates applicable under this agreement are;
FORECLOSURE PREVENTION COUNSELING SERVICES UNIT COST
Individual Mortgage and/or Foreclosure Prevention Counseling $50/hour up to a maximum
$400 per household
Foreclosure Prevention Workshops, 2 or more households $500 per workshop
participating in a four (4)hour session
Website or portal modification/enhancement to accommodate SHIP $1,000
program application submission, one-time fee for rental or mortgage
and/or foreclosure assistance
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EXHIBIT D
SHIP DISASTER ASSISTANCE
QUARTERLY REPORT
QUARTER#
1.Agency Name
Address:
2.Reporting Period
From:
To:
Date Submitted:
Total Annual Disaster Assistance Program Budget,All SHIP DISASTER ASSISTANCE STRATEGY
Sources:
Rental Mortgage/ Mortgage/
Payment Foreclosure Foreclosure
Assistance Payment Counseling
Assistance
3.Ethnicity of Households
Hispanic
Not Hispanic
Chose not to respond
Section 3 Total• 0 0 0
4.Race of Households Single Race
American Indian/Alaskan Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Chose not to respond
Section 4 Total 0 0 0
5.Household Income Levels
Extremely Low <30% of Area Median Income(AMI)
Very Low • 50% of AMI
Low 80%of AMI
Moderate >120% AMI •
Section 5 Total 0 0 0
6.Family Size
1
2-4
5+
Section 6 Total 0 0 0
7.Age of Head of Household
0-25
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26-40
41-61
Section 7 Total 0 0 0
8.Special Need
Receiving Social Security Disability Insurance
Receiving Supplemental Security Income
Developmental Disabilities
Person with Disabling Condition(not(DD)
Section 8 Total 0 0 0
9.Any Member of Household Elderly(62 or older)
Household member over the age of 62
Section 9 Total 0 0 0
10.Authorization
Submitted by:
First Name:
Last Name:
Title:
Phone:
Email:
•
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COVID-19 Rental and Mortgage Foreclosure Assistance Project (r),
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine if
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/DDIYyj
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
f ❑ 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
[1 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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COVID-19 Rental and Mortgage Foreclosure Assistance Project
FAIN# TBA
Federal Award Date TBA
Federal Award Agency HUD
CFDA Name Emergency Solutions
Grant(ESG)
CFDAJCSFA# 14.231
Total Amount of Federal $636,415.20
Funds Awarded
Subrecipient Name The United Way of
Collier and The Keys,
Inc.
DUNS# 163305485
FEIN 59-1026096
R&D No
Indirect Cost Rate No
Period of Performance April 28,2020—
June 30,2021
Fiscal Year End March 31
Monitor End: December 2021
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE UNITED WAY OF COLLIER AND THE KEYS,INC.
COVID-19 ASSISTANCE
THIS AGREEMENT is made and entered into this 7* day of April , 2020, by and
between Collier County, a political subdivision of the State of Florida, (COUNTY or Grantee)
having its principal address at 3339 E.Tamiami Trail,Naples FL 34112, and The United Way of
Collier and The Keys, Inc., (SUBRECIPIENT) having its principal office at 9015 Strada Stell
Court, Suite 204,Naples, FL 34109.
WHEREAS, the COUNTY has entered into an Agreement with the United States
Department of Housing and Urban Development (HUD)for a grant to execute and implement an
Emergency Solutions Grant Program (ESG) 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
rehousing assistance, and Homeless Management Information System [HMIS]); and
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WHEREAS,the Board of County Commissioners of Collier County(Board)approved the
Collier County Consolidated Plan - One-Year Action Plan for Federal Fiscal Year 2019-2020 for
the ESG Program on June 25, 2019—Agenda Item 11E
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2019—2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from
April 21, 2020 to April 26, 2020; and
WHEREAS, in accordance with the HUD Community Planning and Development Grant
Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for
participation in the Collier County ESG Program; and
WHEREAS,the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the COVID-19 Project (ES19-04) COVID-19 ESG Rental
and Mortgage Foreclosure Assistance Programt.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG, as determined by Collier County Community and
Human Services Division(CHS),perform the tasks necessary to conduct the program as follows:
Project Name: COVID-19 ESG Rental and Mortgage Foreclosure Assistance Program
Description of project and outcome: Provide rental assistance and foreclosure
prevention/mortgage assistance,along with financial counseling to those affected by
COVID-19. Financial support to those impacted by the pandemic for a period no longer
than 12 months.
COVID-19 Housing Support Project:
Project Component One: ESG Homelessness Prevention
Project Component Two: ESG Rapid Re-housing
1. Project Tasks:
a. All households shall be served in compliance with
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C`
the program regulations, by funding source, as provided in the
Exhibits E, F, and G.
b. Provide quarterly reports on meeting ESG Eligible Activities.
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 for approval a detailed project schedule for
the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of
this Agreement:
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
►� Conflict of Interest Policy
• Procurement Policy
Uniform Relocation Act Policy
• Sexual Harassment Policy
• Procedure for compliance with requirements set forth in Section 3 of the
Housing and Urban Development Act of 1968, as amended (12 U.S.C. 794
1 u)
• Procedures for compliance with requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. 794)
® Fraud Policy
® Limited English Proficiency Policy (LEP)
• Violence Against Women Act(VAWA) Policy
® LGBTQ Policy
C. Environmental Review Requirement (ERR) for the ESG program - 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 issuance of the CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
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D. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project, established by this Agreement, shall attend the CHS-sponsored Annual
Fair Housing training and all other CHS-offered income certification training.
1.2 PROJECT DETAILS
A. Project Description/Budget
Description Federal Amount
Project Component 1: ESG Homeless Prevention $336,415.20
Rental Assistance for households at risk of
homelessness, including but not limited to rent.
Project Component 2: ESG Rapid Re-housing $300,000.00
Assistance for homeless households, including but
not limited to, rent, security deposits, application
fees, utility deposits or payments, last month's rent,
housing search and placement activities.
Total Federal Funds: $636,415.20
The SUBRECIPIENT may,with prior approval by the Grant Coordinator,adjust the budget
between Project Component 1 and Project Component 2, as needed, in order to respond to
the needs of the community. Total expenditures may not exceed the Total Federal Funds,
The SUBRECIPIENT will accomplish the following checked project tasks:
n Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary income
certification documentation
j ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
• Provide Quarterly Reports on project progress
® Attendance by a representative from executive management at quarterly
partnership meetings is required, as requested by CHS
• Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
® Identify Lead Project Manager
n Provide Site Design and Specifications
Li Comply with Davis-Bacon Labor Standards
® Comply with Section 3 and maintain documentation
LI 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
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B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in
Exhibits F, G, and H.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies as stated in this Within sixty (60) days of
Policies (Section 1.1) Agreement Agreement execution
Insurance Insurance Certificate Within 30 days of Agreement
execution and annually within
thirty (30) days of renewal
Detailed Project Schedule Project Schedule Within sixty (60) days of
Agreement execution
Project Plans and Site Plans and NA
Specifications Specifications
Subcontractor Log Subcontractor Log NA
Submission of Progress Exhibit C Quarterly reports, within 10 days
Report after the end of the quarter. Final
report due 60 days after final
services provided or the
Agreement ends,whichever is
earlier.
Section 3 Report Quarterly reports on new Quarterly; within 10 days after
hire information the end of the quarter, until
project is complete.
Davis-Bacon Act Certified Weekly Certified Payroll NA
Payroll reports, forms, and
supporting documentation
Financial and Compliance Audit, Management Letter, Annually; nine (9) months after
Audit and Exhibit D FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Revenue Plan for Plan approved by the NA
maintenance and Capital COUNTY
Reserve
Continued Use Continued Use Affidavit, if NA
Certification applicable
Program Income Reuse Plan Approved by the NA •
Plan COUNTY
Income Documentation ESG applicable form Maintained in the
SUBRECIPIENT client files and
validated at the Interim and
Closeout monitorint
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D. Payment Deliverables
Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component 1: Short to Exhibit B along with invoice and proof of Monthly, by 10'h of
medium term ESG Homelessness rent payment as evidenced by cancelled month following the
Prevention Rental Assistance for checks,bank statements,utility bills, month of service
households at risk of homeless, eviction or 3-day late notice, lease
including but not limited to rent. agreement, landlord agreement(initial
payment only),and any other documents
as requested.
Project Component 2: ESG Rapid Exhibit B along with invoice and proof of Monthly, by 10'h of
Re-housing Assistance for rent payment as evidenced by cancelled month following the
homeless households, including checks,bank statements,utility bills, month of service
but not limited to rent, security proof of homelessness, lease agreement,
deposits,application fees, utility landlord agreement(initial payment
deposits or payments, last only),and any other documents as
month's rent,housing search and requested
placement activities
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on April 27, 2020 and end on June 30, 2021. The
services/activities of the SUBRECIPIENT shall be undertaken and completed in light of
the purposes of this Agreement. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available SIX HUNDRED THIRTY SIX THOUSAND,
FOUR HUNDRED AND FIFTEEN DOLLARS AND TWENTY CENTS
($636,415.20) 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 is allowed with prior written
approval, by the COUNTY.
All services/activities specified in Part 1 Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors that meet Federal requirements. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which
shall have access to all records and documents related to the project.
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The COUNTY shall reimburse the SUBRECIPIENT for the performance of this
Agreement upon completion or partial completion of the work tasks as accepted and
approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until
funds are needed for eligible costs, and all disbursement 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 is 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. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and
in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT for ESG expenditures 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 described in 2 CFR 200.93. Accordingly, payments will be
made on a cost reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under this Scope of Work. The
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the
project(s) 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 comply 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
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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@colliercountvfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Steve Sanderson, CFRE,President and CEO
The United Way of Collier and the Keys,Inc.
9015 Strada Stell Court, Suite 204
Naples,FL 34109
Email: Steve.Sanderson@uwcollier.org
Telephone: (239)261-7112,ext. 205
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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 SUBRECIPIENT. Failure to comply with the above audit
requirements will constitute a violation of this Agreement and may result in the
withholding of future payments. The SUBRECIPIENT hereby agrees to obtain 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 the program
regulations of the funding source, as provided in Exhibits E, F, and G, to determine
compliance with the requirements of this Agreement,the requisite Programs, and all other
applicable laws and regulations. This documentation shall include, but is not limited to,the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. All reports, plans, surveys, information, documents, maps, books, records, and
other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for 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
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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, SUBRECIPIENT shall keep all documents and records in
an orderly fashion in a readily accessible,permanent, and secured location for five
(5) years after the date of submission of the annual performance and evaluation
report, as prescribed in 2 CFR 200.333, with the following exception: if any
litigation, claim, or audit is started before the expiration date of the five (5) year
period, the records will be maintained until all litigation, claim, or audit findings
involving these records are resolved. If the SUBRECIPIENT ceases to exist after
the closeout of this Agreement, it will notify the COUNTY, in writing, 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 COUNTY's information
technology systems.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 239-252-6832, Michael.Cox@co lliercountyfl.gov, 3299
Tamiami Trail E,Naples FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible
under HUD Income Guidelines. Income certification documentation will be
validated at interim and closeout monitorings. The SUBRECIPIENT agrees that
CHS shall be the final arbiter on the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how the Program components, the applicable
regulations included in Exhibits E, F, and G, 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 the
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applicable exhibit, including income certification, and written agreements with
beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide the records and at a cost
that does not exceed the cost provided in 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 of this Agreement, 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 desktop review of the activities may be conducted in lieu of an on-site visit.
The continuation of this Agreement is dependent upon satisfactory evaluations. The
SUBRECIPIENT shall, upon the request of CHS, submit information and status reports
required by CHS or HUD, to enable CHS to evaluate said progress and to allow for
completion of required reports.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 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, Agreement 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.
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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 of the Agreement. SUBRECIPIENT's internal control
systems and all transactions and other significant events shall be clearly documented and
the documentation shall be readily available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with 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
to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of
this Agreement or any law or regulation, 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 failure to
implement or to make acceptable progress on such corrective action plans.
In order to effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an
escalation policy to ensure continued compliance by Subrecipients, Developers, or any
entity receiving grant funds from CHS. CHS's policy for escalation for noncompliance is
as follows:
1. Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which will require a corrective action plan to be submitted
to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, in order to correct the noncompliance issue.
2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely
manner, CHS may require a portion of the awarded grant amount be returned
to the COUNTY.
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• The COUNTY may require upwards of 5 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If SUBRECIPIENT continues to fail to correct the outstanding issue or repeats
an issue that was previously corrected and has been informed by CHS of their
substantial noncompliance by certified mail; CHS may require a portion of the
awarded grant amount or the amount of the investment for acquisition of the
properties conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
4. If after repeated notification the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate
the Agreement. The SUBRECIPIENT will be required to repay all funds
disbursed by the COUNTY for the 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 the SUBRECIPIENT has multiple agreements with CHS and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports required by this Agreement,and on the resolution of monitoring findings identified
pursuant to this Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, 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 August 2021 or when
final services delivered, whichever is earlier, the SUBRECIPIENT also agrees to include
a comprehensive final report covering the agreed-upon Program objectives, activities, and
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expenditures,including but not limited to,performance data on client feedback with respect
to the goals and objectives set forth in Exhibit C, which 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.
The Rest of this Page Intentially Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
This Agreement may be assigned or subcontracted with the written consent of the
COUNTY, which consent, if given, 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 Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does
not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407;
(2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is
required to follow federal procurement process;(4)the SUBRECIPIENT agrees to comply
with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US
Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for
Developers, revenue generated is not considered program income. 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.
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The COUNTY may,at its discretion,amend this Agreement to conform with Federal, State,
or Local guidelines, policies, and available funding amounts, or for other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided ESG grant funds
and must be implemented in full compliance with all of HUD's rules and regulations and
any agreement between COUNTY and HUD governing grant funds pertaining to this
Agreement. In the event of curtailment or non-production of said federal or state funds,the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion 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.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless the COUNTY, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or 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 the 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.
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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 determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the COUNTY may terminate the award in its
entirety.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement, in compliance with 2 CFR 200, Appendix II (A):
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,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 of reports to the COUNTY that are incorrect or incomplete in any
material respect.
E. Submission of any false certification by the SUBRECIPIENT.
F. Failure to materially comply with any terms of this Agreement
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G. Failure to materially comply with the terms of any other agreement between the
COUNTY and the SUBRECIPIENT relating to the Project
In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may
seek any combination of one or more of the following remedies, in compliance with 2 CFR
200,Appendix II (B):
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 REVERSION OF ASSETS
In the event of a termination or upon expiration of this 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 or property, as the COUNTY may deem necessary. Regulations
regarding real property and equipment are subject to 2 CFR 200.311.
3.10 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement
until all required insurance,as outlined in Exhibit A and 2 CFR 200.310,has been obtained.
Said insurance shall be carried, at all times during SUBRECIPIENT's performance under
the Agreement.
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3.11 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), the federal
regulations for the ESG grant funds(24 CFR 576 et seq).
3.12 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318
through .326) and Collier County's Procurement Ordinance #2017-08, as amended. As a
result of the need to expedite services to beneficiaries impacted by COVID-19, HUD has
allowed jurisdictions to deviate from 2 CFR 200 proccurement standards, allowing
SUBRECIPIENTS to follow Collier County procurement ordinance. Collier County
Ordiance #2017-08 allows contracting with not-for-profits through the approved
exemption.
3.13 PROGRAM-GENERATED INCOME
No Program Income is anticipated. In the event Program Income is derived from the use
of ESG funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible project activity approved by COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
activity of the SUBRECIPIENT funded by this project 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. 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 for further reallocation.
Equipment no longer needed by the SUBRECIPIENT for ESG-eligible activities under this
Agreement shall be(a)transferred to the COUNTY for use elsewhere in the ESG programs
or(b)retained by the SUBRECIPIENT,after compensating the COUNTY an amount equal
to the current fair market value of the equipment, less the percentage of non-ESG funds
used to acquire the equipment.
3.14 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the
COUNTY after the closeout period ends. 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
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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 that 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
complying 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.
3.15 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement on the basis of race, color, disability, national origin, religion, age, 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 Project area,and that
contracts for training and employment 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 shall comply with Section 3 of the
Housing and Community Development Act of 1968, and certifies and agrees that no
contractual or other disability exists that would prevent compliance with these
requirements.
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3.16 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 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.
3.17 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding
through this Agreement must be homeless or at risk of homelessness. Income eligibility of
tenants will be validated with supporting documentation during interim and closeout
monitoring.
3.18 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action
Program, pursuant to the COUNTY's specifications, 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 SUB RECIPIENT to assist in the
formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative
Action Program for approval prior to the award of funds. If the Affirmative Action Plan is
updated during the period of performance of this Agreement, the updated plan must be
submitted to the COUNTY within 30 days of any update/modification.
3.19 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 2 CFR 576.404
"Conflict of Interest", 2 CFR 200.318, FL Statute 287.057 and any additional State and
County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
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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
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.
3.20 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.
3.21 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its 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).
3.22 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
3.23 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).
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3.24 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 forth 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 it does not use direct ESG funds to support any
inherently religious activities, such as worship, religious instruction, or
proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, ESG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to ESG funds in this
part. Sanctuaries,chapels,or other rooms that a ESG funded religious congregation
uses as its principal place of worship, however, are ineligible for ESG funded
improvements.
3.25 INCIDENT REPORTING
If services to clients are 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.
3.26 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid,such
a determination shall not affect the validity or enforceability of any other section or part
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations
regarding the ESG Program
4.2 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
hftps://www.hudexchange.infokesource/2 I 84/housing-and-comm unity-development-hcd-act-of-
1974/
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order
11063 which prohibits discrimination and promotes equal opportunity in housing.
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 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
4.8 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
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135, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement 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-135-section-3-regulations/
The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead-based paint hazards), housing construction,or other public construction
project are given to low- and very low-income persons residing within the metropolitan
area in which the CDBG-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 CDBG-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.
https://www.hud.gov/sites/documents/DOC 12047.PDF
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https://www.ecfr.gov/cgi-bin/text-
I idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl
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4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Equal access in accordance with the individual's gender identity in community planning
and development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 parts subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614
Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm
4.15 29 CFR Parts 3 and 5 -Regulations that prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be
included in all construction contracts funded by CDBG.
Davis-Bacon Act: 42 USC 276a to 40 USC 276a:
https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a-
78irnum=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
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29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction(Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
https://www.law.Cornell.edu/cfr/text/29/part-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in
federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to
comply with the"Copeland Anti-Kickback Act,"which prohibits the SUBRECIPIENT,its
contractors, or subcontractors from inducing an employee to relinquish any part of his/her
compensation, under the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-
title 18/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses
in Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
576.407, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 576.407:
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.!.3.8;idno=24;c c=ecfr
E.0. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.j ustice.go v/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing
https://www.archives.gov/federal-register/codification/executive-order/11063.html
Executive Order 11259 -Leadership& Coordination of Fair Housing in Federal Programs
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https://www.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.22 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/3 5 th/thelaw/irca.html
4.23 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.
Florida Statutes-
https://www.lawserver.com/law/state/floridalstatutes/florida statutes_chapter_112_part_i
ii
Collier County-
http://www.co l liergov.net/home/showdocument?id=35137
4.24 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
4.25 Venue-Any suit of action brought by either party to this Agreement against the other party,
relating to or arising out of this Agreement, must be brought in the appropriate federal or
state courts, in Collier County, FL which courts have sole jurisdiction on all such matters.
(No reference required for this item).
4.26 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
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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 adjudicated in Collier County, Florida, if
in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.27 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
https://www.govinfo.gov/content/pkg/USCODE-2010-title42/html/US COD E-
2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-title3 3/pdf/USCODE-
2011-title3 3-chap26.pdf
https://www.law.comell.eduJuscode/text/33/chapter-26
4.28 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/enforcement/resource-conservation-and-recovery-act-
rcra-and-federal-facilities https://www.law.cornell.edu/cfr/text/40/247.1
4.29 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002),the SUBRECIPIENT shall assure that for activities located in an area identified by
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.law.cornell.edu/cfr/text/24/570.605
4.30 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to the HUD Lead- Based
Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K.
https://www.gpo.gov/fdsy s/granule/CFR-2000-ti tl e24-vol3/CFR-2000-title24-vo13-
sec570-608-id163
4.31 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
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https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
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.
https://www.nps.gov/history/local-lawrnhpa1966.htm
4.32 The SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance
with the Drug-Free Workplace Act of 1988 (41 USC 701).
https:I/www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-
chap 10-sec701
4.33 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction,with a person who is similarly debarred or suspended from participating in this
covered transaction as outlined in Executive oeder 12549.
https://www.archives.gov/federal-register/codi fication/executive-order/12549.html
4.34 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
• for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq.
4.35 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall
be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's
fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2
CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit
requirements shall submit financial statements to the COUNTY one hundred eighty (180)
days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.344, 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.
https://www.ecfr•gov/cgi-bin/text-
idx?SID=Sa78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=di
v8
4.36 Any real property acquired by the SUBRECIPIENT for carrying out 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
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replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https://www.goo.gov/fdsys/granule/CFR-2009-title49-vol l/CFR-2009-title49-vol 1-part24
4.37 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 Strin
g=&URL=0200-0299/0287/Sections/0287.133.html
4.38 No Federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress, in connection with the awarding of any Federal
contract,the making of any Federal grant,the making of any Federal loan,the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. If any funds,
other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress,
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the
language of this certification be included in the award documents for all sub-awards at all
tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
4.39 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-2009-title41/US CODE-2009-title41-
chap10-sec701/content-detail.html
4.40 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/portal/content/104877
4.41 Housing Counseling, including homeownership counseling or rental housing counseling,
as defined in §5.100, required under or provided in connection with any program
administered by HUD shall be provided only by organizations and counselors certified by
the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12
U.S.C. 1701x, per 24 CFR 5.111.
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https://www.ecfr.gov/cgi-bin/text-
idx?SID=e339ece9fdfd1 479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.cornell.edu/cfr/text/24/5.111
4.42 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. I1434a(2))
https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-
homeless-youth
4.43 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which
must be applied consistent with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25 8 8 8/violence-against-
women-reauthorization-act-of-2013-implementation-in-hud-housing-programs
4.44 Any rule or regulation determined to be applicable by HUD.
4.45 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.46 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.47 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.48 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to
provide meaningful access to the program/project and activities funded under this
Agreement for persons with limited English proficiency pursuant to information located at
http://www.lep.gov.
4.49 Equal Treatment of Faith-Based Organizations: By regulation, DOJ/BJA prohibits all
recipient organizations from using financial assistance from DOJ/BJA to fund explicitly
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(\' ;iJ
religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For
more information, see https://oip.gov/about/ocr/partnerships.htm. Discrimination on the
basis of religion in employment is generally prohibited by federal law, but the Religious
Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based
organizations to receive DOJ/BJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights.
4.50 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. The
SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen
applicants for employment or employees for retention or promotion that may have a
disparate impact based on race or national origin, resulting in unlawful employment
discrimination unless use is otherwise specifically authorized by law. See
https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.51 Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use
and has not used federal appropriated funds to pay at any tier, either directly or indirectly,
any person or organization 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 obtaining any federal contract,
grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with nonfederal funds that takes place in connection with obtaining
any federal award or subaward. Such disclosures are forwarded from tier to tier up to the
recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd
Anti-Lobbying Amendment(31 U.S.C. § 1352) and(ii)ensure that its officers, employees
and its subcontractors hereunder comply with all applicable local, state, and federal laws
and regulations governing advocacy of and appearances before any legislative body. None
of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local,state,or federal
legislatures.
4.52 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to
COUNTY any credible evidence that a principal, employee, agent,contractor, subgrantee,
subcontractor, or other person has either (i) submitted a false claim for grant funds under
the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward
agreement funds
4.53 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of
any candidates for public office. Neither this Agreement nor any funds provided hereunder
shall be utilized in support of any partisan political activities or activities for or against the
election of a candidate for an elected office.
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4.54 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJBJA
encourages recipients and subrecipients to adopt and enforce policies banning employees
from text messaging while driving any vehicle during the course of performing work
funded by DOJ/BJA and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
4.55 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.56 Association of Community Organizations for Reform Now (ACORN): The
SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,
either directly or indirectly, in support of any contract or subaward to either ACORN or its
subsidiaries, without the express prior written approval of OJP.
4.57 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment,or performance of
experimental, developmental, or research work under this funding agreement, the
SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," and any implementing
regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt3 7.1
.401&r=PART&ty=HTML
•
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL K. KINZEL, CLERK COLLI COUN Y, F ! P A
411
By: a, eit ar
,Deputy Clerk 1.4 RT L. SAUNDEV , CI'rp MAN
Date: Z7—Z7)zo
Vie- UNITED WAY OF COLLIER and THE KEYS, rn4.
Dated:
(SEAL)
By:
STEVEN SANDERSON, PRESIDENT& CEO
Date: '2:l"2 Z.,b
Approved as to form and legality:
Jennifer A. Belpedio !, 30a
Assistant County Attorney 37 \
Date: �\
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1
EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Inju>.y 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 Agreement. 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 SUBRECIPIENT 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
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identified by the Federal Emergency Management Agency(FEMA)as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or Agreement:
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 Agreement 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 & HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name:
SUBRECIPIENT Address:
Project Name:
Project No: Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
I, 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 (if applicable) $
6. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage) $
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
(Approval required $15,000 and above) (Approval Required $15,000 and
above)
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EXHIBIT C
Emergency Solutions Grants (ESG) Quarterly Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
1. Report Selection Criteria
Ethnicity
Non-
Race Hispanic Hispanic
White
Black/African American
Asian •
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential b. Non-Residential
Number of Adults Number of Adults
Number of Children Number of Children
Number of Unknown Age Number of Unknown Age
3. Number of individuals/families served, by categories:
a. Number of individual households Male Female
(singles)
Unaccompanied 18 and over
Unaccompanied 17 and under
b. Number of Families with children Male Female
Headed by single 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
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4. Total project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment
b. vouchers for shelters i. transitional
c. drop-in center j. outreach
d. food pantry k. soup kitchen/meal distribution
e. mental ealth 1. health care
f. alcohol/drug m.HIV/AIDS services
g. childcare n. other(please list)
5. Number of clients served by sub population (duplicated count):
a. Chronically Homeless If. Chronic Substance Abuse (alcohol and/or drug)
b. Victims of Domestic g. Severely Mentally Ill
Violence
c. Elderly h. Runaway/throwaway youth
d. Veterans i. Other disability (Physical and/or
Developmental)
e. Individuals with HIV/AIDS
(Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied
homeless individual with a disabling condition who has either: 1) been continuously homeless for a
year a more, or 2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks Mobile Home/Trailer
Group/Large House Hotel/Motel
Scattered Site Apartment Other Apartment/Complex
Single Family Detached House Other Single-Family Duplex
Single Room Occupancy Other
TOTAL
I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
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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 if 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 during Total State Financial Assistance Expended during most
most recently completed Fiscal Year recently completed Fiscal Year
$ $
Check A. or B. Check C if applicable
A.The federal/state expenditure threshold for our fiscal year ending as indicated above has
n 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
C 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
HUD EMERGENCY SOLUTIONS GRANT (ESG )
RAPID RE-HOUSING and HOMELESSNESS PREVENTION
ESG funds may be used to provide housing relocation and stabilization services and short- and/or
medium-term rental assistance necessary, under the following ESG components, to:
A. Rapid Re-housing -help a homeless individual or famility move as quickly as possible into an
permanent housing and achieve stability in that housing, as described in 24 CFR576.104, and
B. Homelessness Prevention—prevent an individual or family emergency shelter or other housing
that has characteristic associated with instability and an increased risk of homelessness, as
described in 24 CFR 576.103.
Supportive Services:
The SUBRECIPIENT must assist each program participant, as needed, to obtain:
A. Appropriate supportive services, including assistance in obtaining permanent housing,medical
health treatment,mental health treatment,counseling,supervision,and other services essential
for achieving independent living.
B. Other Federal, State, local, and private assistance available to assist the program participant in
obtaining housing stability, including:
(i.) Medicaid (42 CFR chapter IV, subchapter C)
(ii.) Supplemental Nutrition Assistance Program(7 CFR parts 271-283)
(iii.) Women, Infants and Children(WIC) (7 CFR part 246)
(iv.) Federal-State Unemployment Insurance Program (20 CFR parts 601-603, 606,
609, 614-617, 625, 640, 650)
(v.) Social Security Disability Insurance (SSDI) (20 CFR part 404)
(vi.) Supplemental Security Income (SSI) (20 CFR part 416)
(vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226);
(viii.) Other assistance available under the programs listed in 24 CFR 576.400(c)
Participation of Homeless/Formerly Homeless Individuals:
The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or
formerly homeless individuals on its board of directors or equivalent policy-making entity that
considers and makes policies and decisions regarding any facility, services, or other assistance
received through this Agreement. Further, to the maximum extent practicable, the
SUBRECIPIENT shall involve homeless individuals and families, through employment or as
volunteers, in maintaining and operating facilities, providing activities for, and providing services
to occupants of facilities assisted through this Agreement.
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Confidentiality:
A. The SUBRECIPIENT must develop and implement written procedures to ensure:
(i) All records containing personally identifying information (as defined in HUD's
standards for participation, data collection, and reporting in a local HMIS) of any
individual or family who applies for and/or receives ESG assistance will be kept secure
and confidential.
(ii) The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted under ESG will not be made public,except with written
authorization of the person responsible for the operation of the shelter.
(iii) The address or location of any housing of a program participant will not be made
public, except as provided under a preexisting privacy policy of the SUBRECIPIENT
and consistent with state and local laws regarding privacy and obligations of
confidentiality.
B. The SUBRECIPIENT'S confidentiality procedures must be in writing and must be maintained
in accordance with this section.
Evaluation of Program Participant's Eligibility and Needs:
Rapid Rehousing Assistance Evaluation
A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the
eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance and
the amount and types of assistance the individual or family needs to regain stability in
permanent housing. These evaluations must be conducted in accordance with the assessment
requirements set forth under 24 CFR 576.400(d) and the written standards established under
24 CFR 576.400(e).
B. Re-evaluations for rapid re-housing assistance. The SUBRECIPIENT must re-evaluate the
program participant's eligibility and the types and amounts of assistance the program
participant needs not less than once annually for program participants receiving rapid re-
housing assistance. At a minimum, each re-evaluation of eligibility must establish that:
(i) The program participant does not have an annual income that exceeds50 percent of
median family income for the area, as determined by HUD. Pursuant to a temporary
waiver, to reduce the spread of COVID-19, was approved by HUD, effective
03/31/2020.
(ii) The program participant lacks sufficient resources and support networks necessary to
retain housing without ESG rapid rehousing assistance.
C. The SUBRECIPIENT must require each program participant receiving ESG rapid rehousing
assistance assistance to notify it regarding changes in the program participant's income or other
circumstances (e.g., changes in household composition) that affect the program participant's
need for assistance under ESG. When notified of a relevant change,the SUBRECIPIENT must
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re-evaluate the program participant's eligibility and the amount and types of assistance the
program participant needs.
Homelessness Prevention Assistance Evaluation
D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the
eligibility of each individual or family's eligibility for ESG homelessness prevention assistance
and the amount and types of assistance the individual or family needs to regain stability in
permanent housing. These evaluations must be conducted in accordance with the assessment
requirements set forth under 24 CFR 576.400(d) and the written standards established under
24 CFR 576.400(e).
E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b),
subrecipients are required to to re-evaluate the program participant's eligibility, not less than
every three(3)months. However,a temporary waiver, to reduce the spread of COVID-19,was
approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six (6)
months, for a period of up to two (2) years. As such, the SUBRECIPIENT must re-evaluate
the program participant's eligibility and the types and amounts of assistance the program
participant needs not less than once every six (6) months for program participants receiving
homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must
establish that:
(i) The program participant does not have an annual income that exceeds 50 percent of
median family income for the area, as determined by HUD.
(ii) The program participant lacks sufficient resources and support networks necessary to
retain housing without ESG homelessness prevention assistance.
F. The SUBRECIPIENT must require each program participant receiving ESG assistance to
notify it regarding changes in the program participant's income or other circumstances (e.g.,
changes in household composition) that affect the program participant's need for assistance
under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the
program participant's eligibility and the amount and types of assistance the program participant
needs.
Rental Assistance Agreement:
The SUBRECIPIENT may make rental assistance payments only to an owner with whom the
SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement
must set forth the terms under which rental assistance will be provided. The rental assistance
agreement must provide that, during the term of the Agreement, the owner must give the
SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or
any complaint used under state or local law to commence an eviction action against the program
participant.
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The SUBRECIPIENT must make timely payments to each owner in accordance with the rental
assistance agreement. The rental assistance agreement must contain the same payment due date,
grace period, and late payment penalty requirements as the program participant's lease. The
SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non-
ESG funds.
Leases:
The SUBRECIPIENT agrees that each program participant receiving rental assistance must have
a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears.
The lease must be between the owner and the program participant. Where the assistance is solely
for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement
gives the program participant an enforceable leasehold interest under state law and the agreement
and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or
canceled checks. For program participants living in housing with project-based rental assistance,
the lease must have an initial term of one year.
Under 24 CFR 576.1O6(d)(1), rental assistance cannot be provided unless the total rent is equal to
or less than the FMR established by HUD, as provided under 24 CFR Part 888,and complies with
HUD's standard of rent reasonableness, as established under 24 CFR 982.507. However, during
the 6 months beginning March 31,2020,the FMR restriction is waived for an individual or family
who execute a lease and are receiving Rapid Re-housing or Homelessness Prevention assistance,
under this agreement. The SUBRECIPIENT must still ensure the units in which ESG assistance is
provided to these individuals and families meet the reasonable standard.
Case Management:
The SUBRECIPIENT must require each program participant to meet with a case manager not less
than once per month to assist the program participant in ensuring long-term housing stability; and
Develop a plan to assist the program participant to retain permanent housing after the ESG
assistance ends, taking into account all relevant considerations, such as the program participant's
current or expected income and expenses; other public or private assistance for which the program
participant will be eligible and likely to receive; and the relative affordability of available housing
in the area.
The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if
the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence
Prevention and Services Act(42 U.S.C. 10401 et seq.)prohibits that recipient or SUBRECIPIENT
from making its shelter or housing conditional on the participant's acceptance of services
Tenant-Based Rental Assistance:
A. A program participant who receives tenant-based rental assistance may select a housing unit
in which to live and may move to another unit or building and continue to receive rental
assistance, as long as the program participant continues to meet the program requirements
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B. The SUBRECIPIENT may require that all program participants live within a particular area
for the period in which the rental assistance is provided.
C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i) The program participant moves out of the housing unit for which the program
participant has a lease;
(ii) The lease terminates and is not renewed; or
(iii)The program participant becomes ineligible to receive ESG rental assistance.
D. When the SUBRECIPIENT enters into a rental assistance agreement with a participant/tenant
(RAP), it will be obligated to provide rental assistance on behalf of that participant/tenant
throughout the term of the RAP unless the COUNTY terminates this Agreement or if any of
the conditions occur that warrant termination.
Affirmative Outreach:
The SUBRECIPIENT must make known that use of the facilities, assistance, and services are
available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY
or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and
services will reach persons of any particular race,color,religion, sex, age,national origin,familial
status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must
establish additional procedures that ensure that those persons are made aware of the facilities,
assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective
communication with persons with disabilities including, but not limited to, adopting procedures
that will make available to interested persons information concerning the location of assistance,
services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and
Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure
meaningful access to programs and activities for limited English proficiency (LEP)persons.
Meaningful Access to the ESG Program for Limited English Proficient Persons:
Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English (limited English proficient
persons or LEP) may be entitled to language assistance under Title VI in order to receive a
particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of
1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable
steps to ensure meaningful access to activities for LEP persons.Any of the following actions could
constitute "reasonable steps", depending on the circumstances: acquiring translators to translate
vital documents,advertisements, or notices, acquiring interpreters for face to face interviews with
LEP persons,placing advertisements and notices in newspapers that serve LEP persons,partnering
with other organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project, hiring bilingual employees or volunteers for
outreach and intake activities, contracting with a telephone line interpreter service, etc.
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Terminating Assistance:
If a program participant violates program requirements, the SUBRECIPIENT may terminate the
assistance in accordance with a formal process established by the SUBRECIPIENT and this
process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise
judgment and examine all extenuating circumstances in determining when violations warrant
termination so that a program participant's assistance is terminated only in the most severe cases.
Additionally, should program participant income exceed the 50 percent AMI, at the time of a re-
evaluation, the SUBRECIPIENT shall terminate the assistance in accordance with the
SUBRECIPIENT's formal process. To terminate rental assistance to a program participant, the
required formal process, at a minimum, must consist of:
A. Written notice to the program participant containing a clear statement of the reasons for
termination;
B. A review of the decision, in which the program participant is given the opportunity to present
written or oral objections before a person other than the person(or a subordinate of that person)
who made or approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to
the same family or individual
Housing Quality Standards:
Enhelp a program participant remain or move into
hTheousingSUBRthat does
CIPIENT not meetcantheotuse habitabilityESGfunds stantodards set forth in 24 CFR 576.403 (c).
Lead-Based Paint Remediation and Disclosure:
The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of 1992(42 U.S.C. 4851-4856), and implementing regulations
in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program
participants.
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EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards
for Permanent Housing, as applicable:
24 CFR 576.403(c):Minimum standards for permanent housing.The SUBRECIPIENT cannot use
ESG funds to help a program participant remain or move into housing that does not meet the
minimum habitability standards provided in this paragraph. The COUNTY may also establish
standards that exceed or add to these minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and adequate
space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment, The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination
to permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas,if any,must contain suitable space and equipment
to store,prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of the
shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm
system must be designed for hearing-impaired residents. All public areas of the shelter must
have at least one working smoke detector. There must also be a second means of exiting the
building in the event of fire or other emergency.
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EXHIBIT G
ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care
and other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult
with the Continuum of Care to determine how to allocate ESG funds each program year;
developing the performance standards for, and evaluating the outcomes of, projects and
activities assisted by ESG funds; and developing funding, policies, and procedures for the
administration and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
other programs targeted to homeless people in the area covered by the Continuum of Care or
area over which the services are coordinated to provide a strategic,community-wide system to
prevent and end homelessness for that area. These programs include:
(1) Shelter Plus Care Program(24 CFR part 582)
(2) Supportive Housing Program(24 CFR part 583)
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program
for Homeless Individuals (24 CFR part 882)
(4) HUD-Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026
(May 6, 2008))
(5) Education for Homeless Children and Youth Grants for State and Local Activities
(title VII-B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et
seq. )
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health
Services Act(42 U.S.C. 290aa-5)
(7) Healthcare for the Homeless (42 CFR part 51c);
(8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.))
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the
Public Health Service Act(42 U.S.C. 290cc-21 et seq.))
(10) Services in Supportive Housing Grants (section 520A of the Public Health Service
Act)
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11331 et seq.))
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic
Violence, Dating Violence, and Stalking Program (section 40299 of the Violent
Crime Control and Law Enforcement Act(42 U.S.C. 13975))
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless
Veterans Comprehensive Assistance Act(38 U.S.C. 2021)
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043)
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(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)
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031)
(c) System and program coordination with mainstream resources. The SUBRECIPIENT and
COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded
activities with mainstream housing, health, social services, employment, education,and youth
programs for which families and individuals at risk of homelessness and homeless individuals
and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant-based or project-based assistance under section
8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts
982 and 983)
(3) Supportive Housing for Persons with Disabilities(Section 811) (24 CFR part 891)
(4) HOME Investment Partnerships Program(24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 5lc)
(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)
(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.
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(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).
(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.
(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.
(I) 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.
United Way of Collier and the Keys
COVID-19
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