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Backup Documents 06/23/2020 Item #11J (Hunger & Homeless Coalition, Inc. - Rapid Re-housing)ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO J THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # I through #2_ complete the checklist. and forward to the County Attorney Office Route to Addressees (List in routing order) Office Initials Date 1. Susan Golden Community and Human Services 06/18/20 2. Jennifer Belpedio County Attorney Office A 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office 20 PRIMARY CONTACT INFORMATION Nonnally 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. Natne of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact / Department Agenda Date Item was 06/23/2020 Agenda Item Number 1 7 Approved by the BCC Type of Document 12 subrecipient agreements for HUD ended Number of Original 3 greements x 3 Attached activities in FY 2020-2021 Documents Attached sets each ti—AllIN number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Init Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information Natne; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to 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 06/2 /2019fand all changes made during the SG N/A is not meeting have been incorporated in the attached d ument. The County Attorney's an option for Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the SG N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. fie► -,of I/1��'ltr�a.I CIA LISC VeL J, ('eof 40 C Orel- f3o a. r-r� �� m � �S / s n o f- ►ten a ;fie Yip / C a $-lot '/ `et'e �✓e Forms/ County Forms/ BCC Forms/ Original Documents Routing �'S t_WWSyOririginal 9.03.044,, Revised 1.26.05, Revised 2,24.055; Revised 11/30/12 / �oer t, t� �� c(!/e T!l✓7 nfY /JCC /IG�O+�1. ��B17'iC� I i i MEMORANDUM Date: July 28, 2020 To: Susan Golden, Senior Grants & Housing Coordinator Community & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement between Collier County and Collier County Hunger & Homeless Coalition, Inc. Attached, please find (2) two original copies of the subrecipient Agreement referenced above, approved by the Board of County Commissioners (Item #11J) on Tuesday, June 23, 2020. The third original agreement will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachments (2) FAIN # E-20-UC-12-0016 Federal Award Date EST 10/2020 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $39,687.00 Subrecipient Name Collier County Hunger & Homeless Coalition, Inc. DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance October 1, 2020 — September 30, 2021 Fiscal Year End 12/31 Monitor End: 12/21 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER & HOMELESS COALITION, INC. Rapid Re -Housing Assistance THIS AGREEMENT is made and entered into this _ day of June , 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, Naples FL 34112, and COLLIER COUNTY HUNGER & HOMELESS COALITION, INC, a private not -for -profit corporation existing under the laws of the State of Florida, (SUBRECIPIENT) having its principal office at 1791 Trade Center Way, Suite D, Naples, FL 34109. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance, and Homeless Management Information System [HMIS]); and Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 1 11J WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One -Year Action PI for ederal Fiscal Year 2020-2021 for the ESG Program at the June 23, 2020, Agenda Item oard of County Commissioners meeting. _ �C 3 c o`. WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2020 — 2021 Annual Action Plan, on May 23, 2020, with a 30-day Citizen Comment period from May 23, 2020 to June 23, 2020; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grant Project (ES20-02) Project Name. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program, Rapid Re -Housing Project: Project Component One: ESG Rapid Re -housing: Short- to medium -term Rapid Rehousing Rental Assistance for literally 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. 1. Project Tasks: a. All households shall be served in compliance with the program regulations, as provided in Exhibits. b. Maintain documentation on all households served in compliance with 24 CFR 576.500. c. Provide quarterly reports on meeting an ESG Eligible Activity. 2. ESG Documentation Requirements Compliance Criteria: Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 2 001VD 11J 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 the execution of this Agreement:: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Affirmative Action Plan ® 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 (12U.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 ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy ® Limited English Proficiency (LEP) Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 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 at least one staff member shall attend all other CHS- offered training, relevant to the Project, as determined by the Grant Coordinator, not to exceed four (4) sessions. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 3 2 I i i 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Rapid Rehousing shall be as follows: Description Federal Amount ESG Match 1:1 Project Component: 1 ESG Rapid Re -housing Assistance $39,687.00 for literally 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. ESG Match Requirement: Match is required for a Documentation of minimum of dollar -for -dollar with each submitted pay ESG Eligible request. Matching Funds Total Federal Funds: $39,687.00 39,687.00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary documentation, which supports the benefit of homelessness ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly Reports and project progress ® Attendance by a representative from executive management at quarterly partnership meetings is required, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ® Comply with Section 3 and maintain documentation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 4 11 J • Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations. • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). • Homelessness Prevention and Rapid Re -Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent, and housing search and placement activities). Housing may also be used for short or medium - term rental assistance for those who are at -risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software, or equipment, technical support, office space, salaries of operators, staff training costs and participation fees). C. 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 Activity Schedule Project Schedule Within sixty (60) days of agreement execution Project Plans and Site Plans and Specifications N/A Specifications Subcontractor Log Subcontractor Log N/A Submission of Progress Exhibit C Quarterly; within 10 days after Report the end of the quarter. Final report due 60 days after agreement ends. Section 3 Report Quarterly reports on new hire Quarterly within 10 days after information the end of the quarter, until ro' ect is complete. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 5 t� iIJ Financial and Compliance Audit, Management Letter, Nine (9) months for Single Audit and Exhibit D Audit OR one hundred and eighty 180 days after FY end. Program Income Reuse Plan Approved by County N/A Plan Income Documentation ESG Applicable Form Maintained in the SUBRECIPIENT client files and validated during monitoring D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Exhibit B along with invoice and Monthly, by loth of proof of rent payment as evidenced by month following the cancelled checks, bank statements, month of service utility bills, proof of homelessness, lease agreement, landlord agreement (initial payment only), and any other documents as requested ESG Match Exhibit B-1 with supporting Match Monthly Match: a documentation minimum of dollar - for -dollar, with each submitted pay request until funded amount reached. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on October 1, 2020 and end on September 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 THIRTY NINE THOUSAND SIX HUNDRED EIGHTY SEVEN DOLLARS AND ZERO CENTS ($39.687.00) for use by the SUBRECIPIENT, during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 6 �j� �% 11J percent and shall not signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that meets Federal requirements. The SUBRECIPIENT shall enter into a contract for improvements with the lowest, responsive, and qualified bidder as further set forth in Section 13.3 of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all 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. Payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as 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 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 7 06, J 11J and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER ATTENTION: Carolyn Noble, Grant Coordinator COUNTY 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: Carolyn.noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Michael Overway, Executive Director Collier County Hunger & Homeless Coalition, Inc Address: PO Box 9202, Naples, FL 34101 1791 Trade Center Way, Suite D, Naples, FL 34109 Email: executivedirector@collierhomelesscoaltion.org Telephone: (941) 615-7094 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 8 <V� ram' I i i 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 of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program and all other applicable laws and regulations. This documentation shall include, but not be limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT, at any time, upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, Collier County Hunger & Homeless Coalition 02 Rapi Rapid Rehousing Page 9 V6. J Ili supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 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 a 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 contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the 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. Coxgcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100, income certification, and written agreements with beneficiaries, where applicable. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 10 A1J 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 this Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term 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. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of waste, fraud, and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 11 r�� IIJ SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste, fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of this Agreement or of 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 failures 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; Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan 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 the SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by CHS of its substantial noncompliance, by certified mail; CHS may require a portion Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 12 Ili of the awarded grant amount or the amount of the ESG 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 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 on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed - upon Program objectives, activities, and expenditures, 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 13 �� I I J 2.7 ADDITIONAL CONDITIONS AND COMPENSATION The parties acknowledge that the Funds originate from ESG grant funds provided by HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any 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. Remainder of Page Intentionally Left Blank Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 14 b J 11 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 15 U 11J 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by HUD, and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any 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 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 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. 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 Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 16 GQ 11J 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 COUNTEE may terminate the award in its entirety. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time B. Failure, for any reason, by the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement C. Ineffective or improper use of funds provided under this Agreement D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect E. Submission by the SUBRECIPIENT of any false certification F. Failure to materially comply with any terms of this Agreement G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the project In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part B. Require the use of or change in professional property management Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 17 Gd C:J 11J C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that SUBRECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement, by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds dollar -for -dollar, pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its requirement by providing the matching funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching contributions may be in the form of the following: 1. Cash contributions 2. Non -cash contributions calculated per requirements, in 24 CFR 576.201(e), to include the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that, if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 18 �6� I I J 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement, or upon expiration of the Agreement, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried, at all times, during SUBRECIPIENTS's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.) 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Competition Required -Range: $0 — 3, 000 Single Quote with Documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 19 `�` C F/ A I J 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re -use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201. When program income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's ESG Program, for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the area, and that Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 20 Ue, Ali contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and iproviding 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. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES 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 beneficiaries will be validated, by reviewing supporting documentation, during any interim and/or closeout monitoring. 3.19 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 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 21 f� `> r 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. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 "Conflict of Interest", 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinance, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards, as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 22 r� t' � 13J assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 23 I I J 3.27 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. 3.28 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 24 f J,� 11J PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr. gov/cizi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26dl4f54e&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, htti)s:Hwww.hud.gov/-prolzramdescription/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/cg i-bin/text- idx?c=ecfr;sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5 ;view=text;node=24%3A3. 1.1.3.8;idno=24;cc=ecfr htti)s://www. ecfr. izov/cl?i-bin/text-idx?rl?n=div5&node=24:1.1.1.1.5#se24.1.5 1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.eeoc.gov/laws/statutes/titlevii.cfm 4.8 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 25 1 1,J 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 -regulations/ The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC 12047.PDF The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www. ecfr. gov/cizi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfrl35 main 02.ty1 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Collier County Hunger & Homeless Coalition r, q ES20-02 (t Rapid Rehousing Page 26 �J Ili Age Discrimination Act of 1975 https://www.law.cornel1.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eol 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive- order/11478.htm1 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 sections 106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safeO I.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.comell.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:Huscode.house.gov/view.xhtml?req=granuleid:USC-I 999-title4O-seetion276a- 7&num=O&edition=1999 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 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 Collier County Hunger & Homeless Coalition ••` ES20-02 a Rapid Rehousing Page 27 c.J & 1 J Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.l)hl)?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. ovg_ info.gov/content/pkg/USCODE-2010- title 1 8/pdf/USCODE-201 0-title 18.pddf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives. gov/federal-register/codification/executive-order/ 11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr. ov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93 cdadfO8974315fa2bfdf4cec;rgn=div5;view=text•node=24%3A3. 1.1.3.8;idno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/peO2-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. httys://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 777LPDF https://www.justice.jzov/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 https://www.archives. gov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 28 Ili https://www.ecfr. ov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tp1 4.22 Immigration Reform and Control Act of 1986 htti)s://www.eeoc.gov/eeoc/histoKy/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_I12_part_i ii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.24 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.25 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.26 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY' S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of 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 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 29 f .,� III TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. htti)s://www.flsenate.szov/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. htti)s://www.Lzovinfo.,qov/content/pkp,/USCODE-201 0-title42/html/US CODE- 2010-title42-chaip85.htm https://www.law.comell.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-title3 3-chap26.pdf https://www.law.comell.edu/uscode/text/33/cha tep r-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.$Zov/enforcement/resource-conservation-and-recovery-act- rcra-and-federal-facilities https://www.law.comell.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.comell.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.g-oo. ov�/fds�s/granule/CFR-2000-title24-vol3/CFR-2000-title24-vol3- sec570-608-idl63 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/nhpal 966.htm https://www.achp. gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https://www.nps. gov/history/local-law/nhpa 1966.htm Collier County Hunger & Homeless Coalition 2 Rapid Rapid Rehousing Page 30 U Ili 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. og v/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l- 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. eefr.gov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&r n=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 replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo. og v/fdsys/granule/CFR-2009-title49-volt/CFR-2009-title49-volt-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 Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 31 �GJ.� I I J 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.htm1 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-title4l /USCODE-2009-title4l - chap10-sec701/content-detail.html 4.40 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. htt-os://www.gsa.gov/portal/content/l 04877 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. https://www. eefr. gov/cgi-bin/text- idx?SID=e339ece9fdfdl479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6 https://www.law.comell.edu/cfr/text/24/5.1 11 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 32 �` 11J 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.federalre ister.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.federalre ig ster.gov/documents/2016/11/16/2016-25888/violence-a ag inst- 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.cfin?ApT) 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- 0 1 99/0119/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 religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https:Hojp.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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 33 U IIJ 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.ndf 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. 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 Collier County Hunger & Homeless Coalition 2 Rapid� Rapid Rehousing Page 34 Lzo_� Ali 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:Hoip.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. ov/cgi- bin/retrieveECFR?gp=&SID=a004b6bfZ0934ace7a717de761 dc64c0&mc=true&n=pt3 7 1 .401 &r=PART&tv=HTML Signature Page to Follow Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 35 Ili 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: CRYSTAr, ". 'KiNZEL, CLERK �AMst as Q tt Clerk Dated: � J IVA ;�V. e-46cY) (S AL) Approved as to form and legality: '��-rx� 1� - Jennifer . Belpedio Assistant County Attorney Date: D�3N31oa0 Collier County Hunger K Homeless Coalition ES20.02 Rapid Rehousing Page 36 BOARD OF COUNTY COMMISSIONERS OF COLLIER C NTY, FLOR By: BURT L. SAUNDERS, CHAIRMAN Date: �(' f � ,gj I c COLLIER COUN LJ)VGER HOMELESS COALI1I44N, JKC. /i/ ) By AEL O Y, EXE UTIVE DIRECTOR Date: Item# Agenda Date Date Rec'd a I J 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. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood Collier County Hunger & Homeless Coalition ES20-02 ,s Rapid Rehousing Page 37 P g g e' Ili hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. Collier County Hunger & Homeless Coalition ES20-02 C3.) " Rapid Rehousing Page 38 11J EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES 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 Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. 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 Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 39 4 111 Exhibit B-1 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Subreci Tent Name: Subreci Tent Address: Project Name: Project No: Match Re uest # Match Amount Request Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 2. Total Amount of Previous Match Submitted (Insert Amount) $0.00 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0.00 4. Amount of Today's Request (Insert Amount) $0.00 5. Match Balance (Match per Agreement less the Sum of All Match Submitted) $0.00 I certify that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief, all grant requirements have been followed Signature Title Authorizing Grant Coordinator Supervisor Date Authorizing Grant Accountant Department Director Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 40 �Clk . Ali EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Progress Report Report Period: Fiscal Year: Contract Number: Organizations: Program/s: Contact Name: Contact Number: Characteristics Report 1. Report Selection Criteria Characteristics Report 1. Report Selection Criteria Ethnicity Race Non - Hispanic His anic 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 Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, b cate ories: a. Number of individual households (singles) Male Female 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 Collier County Hunger & Homeless Coalition ES20-02 ! `` Rapid Rehousing Page 41 'i=� Ili 4. Total vroiect(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol/drug g. childcare h. employment i. transitional '. outreach k. soup kitchen/meal distribution 1. health care m. HIV/AIDS services n. other lease 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 Violence g. Severely Mentally Ill 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 e: 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: Printed Name: Title: Date: Your typed name here represents your electronic signature. Collier County Hunger & Homeless Coalition ES20-02 f � Rapid Rehousing Page 42 E4Uj I I J 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 Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/1s Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 43 aIJ 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. The SUBRECIPIENT must assist each program participant, as needed, to obtain: Supportive Services 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 44 (90 Ili 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-RRHP 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 the ESG-RRHP 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 re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 4S fit. ti 4�1' a 1 j 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. 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 Collier County Hunger & Homeless Coalition �� ES20-02 �. Rapid Rehousing Page 46 Ili SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non- ESG-RRHP 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. 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-RRHP 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 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-RRHP rental assistance. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 47 A 1 J 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-RRHP 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. 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. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of: Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 48 �7. I1� 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-RRHP 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) as detailed in Exhibit F. 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 49^•' III 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 structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space 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. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents 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. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (9) Sanitary conditions. The housing must be maintained in a sanitary condition. (10) Fire safety. There must be at least one working smoke detector on each occupied level of the residencer. 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 housing must have at least one working smoke detector. Public areas include, but are not limited to, laundry rooms, community rooms, hallways, stairwell, and other common areas. There must be a second means of exiting the building in the event of fire or other emergency. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 50 �'�+ A1� EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop 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 5 82) (2) Supportive. Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51 c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page S1 G IIJ (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. 14370 (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 52 11J 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. Collier County Hunger & Homeless Coalition ES20-02 Rapid Rehousing Page 53