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Backup Documents 04/14/2020 Item #14 (Agenda ID 12225) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Lisa Carr 239-252-2339 Contact/ Department Agenda Date Item was Absentia 4/27/20 Agenda Item Number 12225 Approved by the BCC Type of Document Two(2)agreements totaling$1,437,560 Number of Original 2 Agreements Attached with the United Way of Collier County and Documents Attached 6 of each the Keys to implement an Emergency Solutions Grant-CV COVID-19 and State , C \?? Housing Initiative Partnership program PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) I. Does the document require the chairman's original signature N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, LC provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be LC signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's LC Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the LC document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's LC signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip LC should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 14,.2420andall changes made LC during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05:Revised 11/30/12 MEMORANDUM DATE: April 30, 2020 TO: Martha Vergara, Minutes & Records FROM: Lisa Carr, Community and Human Services RE: (1) Agreement Between Collier County and The United Way of Collier and the Keys, Inc. COVID-19 Assistance (2) Agreement Between Collier County and The United Way of Collier and the Keys, Inc. COVID-19 Rental and Mortgage Foreclosure Assistance Attached please find 6 original copies of the agreement referenced above, approved by the County Manager on April 27, 2020. Please record the agreement, keep one copy of each and return the additional original copies to me. If you have any questions, please call me at 239-252-2339. MEMORANDUM Date: May 4, 2020 To: Lisa Carr, Grants Coordinator Community Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: 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 State Housing Initiative Partnership Program Attached, are two copies of the agreements referenced above, signed by the County Manager April 27, 2020, as approved by the Board of County Commissioners In Absentia, Tuesday, April 14, 2020. An original set of the documents will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (2) 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 2 DA day of t410/2.4t , 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 United Way of Collier and the Keys 1 COVID-19 SHIP RA01 COVID-19D-19 Rental and Mortgage Foreclosure Assistance Project110 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 D.a7 COVID-19 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 FI 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 United Way of Collier and the Keys 3 COVID-19 SHIP 19-20DA01 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 x 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 I Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation Z Identify Lead Project Manager Provide Site Design and Specifications I I Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation I I 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 United Way of Collier and the Keys 4 COVID-19 640 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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 United Way of Collier and the Keys 5 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 6 11) COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of 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 COVID-19 Off✓ SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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 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 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project11) 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 matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. United Way of Collier and the Keys 9 COVI9 19- SHIP 9-20DA01 450 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 10 19 SHIP 19 SHIP -20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 11 COVID-19 SHIPA01 COVID-19-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 12 COVID-19 SHIP 19-20DA01 COVID-l9 Rental and Mortgage Foreclosure Assistance Project • 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 United Way of Collier and the Keys 13 COVID-19 SHIP 19-20DA0I COVID-19 Rental and Mortgage Foreclosure Assistance Project (4) 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 United Way of Collier and the Keys 14 4i) 19 SHIP 19 SHIP -20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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: United Way of Collier and the Keys 15 19 SHIP 19 SHIP -20DA01 145 COVID-19 Rental and Mortgage Foreclosure Assistance Project "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 United Way of Collier and the Keys 16 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project `' 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 United Way of Collier and the Keys 17 COVID-19 SHIP 19-20DA01 C" COVID-19 Rental and Mortgage Foreclosure Assistance Project 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 SUB RECIPIENT 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. United Way of Collier and the Keys 18 COVID-19 ( . SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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 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. United Way of Collier and the Keys 19 COVID-19 SHIP 19-20DA01 G� COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 20 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project ��o 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 COLLIE' .OUNTY, RID By: , Deputy Clerk BU A' L. SAUNDERS,C IRM N' Date: 4-27.249Z° 3/4e- UNITED WAY OF COLLIER and THE KEYS,2 . Dated: (SEAL) By: STEVEN SANDERSON,PRESIDENT AND CEO Date: 2- -2-Z2-b Approved as to form and legality: Jennifer A. Belpedio 3\ Assistant County Attorney 3- I Date: United Way of Collier and the Keys 21 COVID-19 SHIP 19-20DAOI COVID-19 Rental and Mortgage Foreclosure Assistance Project 0 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). United Way of Collier and the Keys 22 COVID-19 SI-HP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 23 COVID-19 SHIPRA01 COVID-19-19 Rental and Mortgage Foreclosure Assistance Project 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) United Way of Collier and the Keys 24 COVID-19 SHIP RA01 COVID-19-19 Rental and Mortgage Foreclosure Assistance Project141 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 United Way of Collier and the Keys 25 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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. United Way of Collier and the Keys 26 COVID-19 SHIP A01 COVID-19 D-19 RRental and Mortgage Foreclosure Assistance Project111 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 United Way of Collier and the Keys 27 COVID-19 SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project �� 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 United Way of Collier and the Keys 28 9 SHIP 19-9-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project 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: United Way of Collier and the Keys 29 COVID-l9 SHIP 19-20DA01 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/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for-profit organization 7 Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 United Way of Collier and the Keys 30 COVID-19 CAO SHIP 19-20DA01 COVID-19 Rental and Mortgage Foreclosure Assistance Project FAIN# TBA Federal Award Date TBA Federal Award Agency HUD CFDA Name Emergency Solutions Grant (ESG) CFDA/CSFA# 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 a1 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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 1 C�O 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 United Way of Collier and the Keys COVID-19 COVID-19 Rental and Mortgage Foreclosure Assistance Page 2 G • 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 IX 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 3 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 Fl Maintain Eligibility Documentation, retained at SUBRECIPIENT location X 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 M Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis-Bacon Labor Standards • Comply with Section 3 and maintain documentation Provide certified payroll weekly throughout construction and rehabilitation I Comply with Uniform Relocation Act (URA), if necessary n Ensure applicable numbers of units are Section 504/ADA accessible United Way of Collier and the Keys COVID-19 rrn ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 4 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 monitorings United Way of Collier and the Keys COVID-19 ES 19-04 COVID-l9 Rental and Mortgage Foreclosure Assistance Page 5 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. United Way of Collier and the Keys COVID-19 4 COVIOVID-19 Rental and Mortgage Foreclosure Assistance Page 6 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 United Way of Collier and the Keys COVID-19 ESI 9-04 0 COVID-19 Rental and Mortgage Foreclosure Assistance Page 7 the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: carolyn.noble@colliercountyfl.gov Telephone: (239) 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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 8 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 United Way of Collier and the Keys CS 19-04 9 41 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 9 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@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 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 United Way of Collier and the Keys COVID-19 V4') ES I9-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 10 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. • United Way of Collier and the Keys COVID-19 ESI9-04 Off) COVID-19 Rental and Mortgage Foreclosure Assistance Page 11 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. United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 12 • 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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 13 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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 14 0‘17 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. United Way of Collier and the Keys COVID-l9 ES 19-04 COVID-l9 Rental and Mortgage Foreclosure Assistance Page 15 ll`4` 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. United Way of Collier and the Keys COVID-19 ES 19-04 r� COVID-19 Rental and Mortgage Foreclosure Assistance Page 16 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 United Way of Collier and the Keys COVID-19 ES 19-04 Os° COVID-19 Rental and Mortgage Foreclosure Assistance Page 17 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. United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 18 C� ) 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 United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 19 0.4'3 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 20 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 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. 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. United Way of Collier and the Keys COVID-19 COVID-19 Rental and Mortgage Foreclosure Assistance Page 21 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). United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 22 �6J 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. United Way of Collier and the Keys COV1D-19 ES1 9-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 23 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. http s://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 https://www.hudexchange.info/resource/2184/housing-and-community-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=dc4c2f93cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3 A3. 1.1.3.8;idno=24;cc=ecfr http s://www.ecfr.gov/cgi-b in/text-idx?rgn=div5&no de=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 United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 24 G=J 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/23 3 0/24-cfr-part-13 5-section-3-regu I ations/ 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/cg i-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tpl United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 25 tjb, 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_part5 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- 7&num=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.comell.edu/cfr/text/29/part-3 United Way of Collier and the Keys COVID-19 COVID-19 Rental and Mortgage Foreclosure Assistance Page 26 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.ec fr.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 E.O. 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.justice.gov/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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 27 https://www.archives.gov/federal-register/codificationlexecutive-order/1225 9.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 02.4)1 4.22 Immigration Reform and Control Act of 1986 https://www.eeoc.gov/eeoc/history/35th/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/florida/statutes/florida statutes_chapter_112_part_i ii Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 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 United Way of Collier and the Keys COVID-19 COVID-19 Rental and Mortgage Foreclosure Assistance Page 28 r�9 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/USCODE- 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-title33/pdf/USCODE- 2011-title33-chap26.pdf https://www.law.cornell.edu/uscode/text/3 3/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/fdsys/granule/CFR-2000-title24-vol3/CFR-2000-title24-vol3- 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/nhpa 1966.htm United Way of Collier and the Keys COVID-l9 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 29 haps://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-law/nhpa1966.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://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41- chapl0-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/codification/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=5a78addefff9a535e83fed3010308aef&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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 30 replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-vol 1/CFR-2009-title49-vol l-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/USCODE-2009-title41- chap 10-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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 31 06 http s://www.ecfr.gov/c gi-b in/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&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. 11434a(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/2016/11/16/2016-25 888/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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 32 religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.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://ojp.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. United Way of Collier and the Keys COVID-19 COID-VID- 19 Rental and Mortgage Foreclosure Assistance Page 33 • 4.54 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA 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://ojp.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=pt37.1 .401&r=PART&ty=HTML (Signature Page to Follow) United Way of Collier and the Keys COVID-19 4 COVIOVID-19 Rental and Mortgage Foreclosure Assistance Page 34 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 COL`S COUNT FLO• By: 4 -� ,Deputy Clerk BURT L. SAUNDE r S, • AI AN q- 2,7 - 2ozo Date: `The UNITED WAY OF COLLIER and THE KEYS,J N Dated: (SEAL) By: STEVE ANDERSON, PRESIDENT& CEO Date: LA- -2_1 ,-2.6,2_11) Approved as to form and legality: o Jennifer A. Belpedio Assistant County Attorney . 7-\ Date: { United Way of Collier and the Keys COV ID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 35 _)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 Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this 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 United Way of Collier and the Keys COVID-I9 COVID-19 Rental and Mortgage Foreclosure Assistance Page 36 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 37 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) United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 38 '011i3 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 United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 39 OV 4. Total project(s)/service(s) provided to clients in range: r a. emergency shelter facilities shelter h. employment b. vouchers for shelters i. transitional c. drop-in center j. outreach d. food pantry k. soup kitchen/meal distribution e. mental health 1. health care f. alcohol/drug m. HIV/AIDS services g. childcare n. other(please list) 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse (alcohol and/or drug) b. Victims of Domestic 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 40 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 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 United Way of Collier and the Keys COVID-19 ES 19-04 OV,-) COVID-19 Rental and Mortgage Foreclosure Assistance Page 41 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 42 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 United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 43 _./ 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. United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 44 .�`� 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 576.106(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 United Way of Collier and the Keys COVID-19 ES19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 45 `t ! 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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 46 e 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: The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c). 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. United Way of Collier and the Keys COVID-19 Es19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 47 ti?, 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. United Way of Collier and the Keys COVID-19 ES 19-04 —� COVID-19 Rental and Mortgage Foreclosure Assistance Page 48 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) United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 49 (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. 14371) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (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. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 50 (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. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. United Way of Collier and the Keys COVID-19 ES 19-04 COVID-19 Rental and Mortgage Foreclosure Assistance Page 51