Agenda 02/23/2021 Item #16D 9 (Shelter for Abused Women & Children Subrecipient Agreement)02/23/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a subrecipient agreement between
Collier County and the Shelter for Abused Women & Children, Inc. ($546,415.20) and Collier
County and NAMI Collier County, Inc. ($90,000) providing for $636,415.20 of FY2020 Emergency
Solutions Grant Funds-CARES Act Funding Round 1.
OBJECTIVE: Provide funding to assist with the prevention, preparation, and response to COVID-19
among individuals and families who are homeless or receiving homeless assistance in Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers
entitlement funds in different programs to allow local governments to meet program -specific community
needs. As a result of the Coronavirus Pandemic, HUD is making additional funding available to local
communities to address the pressing needs of the community and those who have been impacted by
COVID-19.
On June 28, 2016, the Board of County Commissioners (Board) approved the County’s Five-Year
Consolidated Plan for use of entitlement funds for the period of FY 2016-2021, Agenda Item #16D23.
The Board approved the One Year Action Plan for FY 2019-2020 on June 25, 2019, Agenda Item #16D2.
On May 12, 2020, Agenda Item #16F1F. the Board approved a substantial amendment to the County’s
Action Plan for additional funding from the HUD Emergency Solutions Grant (ESG-CV) Program Round
1.
On September 22, 2020, the County received its official award notification from HUD for the ESG CV
Round 1 funding in the amount of $707,128. As approved in the amended action plan, the proposed
projects will expand the ESG program to allow new activities related to the COVID-19 pandemic.
NAMI Collier County, Inc. (NAMI)- $90,000
Provide those who are literally homeless and suffer from mental illness, with short-term rental
assistance, rapid re-housing, street outreach, case management, and transportation services.
Shelter for Abused Women & Children, Inc. (SAWCC)- $546,415.20
Provide reimbursement for shelter operations, salary, and travel/transportation expenses to expand
and improve the Shelter's activities to prevent, prepare, and respond to COVID-19.
FISCAL IMPACT: This action has no new Fiscal impact. The funds reside in Fund (705) Housing
Grants, project 33675. The subrecipients do not need to provide any match since it has been waived by
HUD.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. - JAB
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the
Growth Management Plan of Collier County.
RECOMMENDATION: To approve and authorize the Chairman to sign a subrecipient agreement
between Collier County and the Shelter for Abused Women & Children, Inc. ($546,415.20) and Collier
County and NAMI Collier County, Inc. ($90,000) providing for $636,415.20 of FY2020 Emergency
Solutions Grant Funds-CARES Act Funding Round 1.
16.D.9
Packet Pg. 1017
02/23/2021
Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. [linked] NAMI ESG CV1 Signed by Sub (PDF)
2. [linked] Signed Shelter ESG CV1 (PDF)
16.D.9
Packet Pg. 1018
02/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.9
Doc ID: 14774
Item Summary: Recommendation to approve and authorize the Chairman to sign a subrecipient
agreement between Collier County and the Shelter for Abused Women & Children, Inc. ($546,415.20)
and Collier County and NAMI Collier County, Inc. ($90,000) providing for $636,415.20 of FY2019
Emergency Solutions Grant Funds-CARES Act Funding Round 1.
Meeting Date: 02/23/2021
Prepared by:
Title: – Community & Human Services
Name: Carolyn Noble
01/18/2021 9:52 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
01/18/2021 9:52 AM
Approved By:
Review:
Communication and Customer Relations Lisa Weinmann Additional Reviewer Completed 01/18/2021 6:33 PM
Community & Human Services Kristi Sonntag CHS Review Completed 01/19/2021 10:48 AM
Community & Human Services Tami Bailey Additional Reviewer Completed 01/19/2021 10:50 AM
Community & Human Services Todd Henry Additional Reviewer Skipped 01/19/2021 11:04 AM
Community & Human Services Jocelyn Pickens Additional Reviewer Completed 01/19/2021 1:06 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 01/20/2021 4:51 PM
Public Services Department Todd Henry Public Services Deapartment Completed 01/21/2021 12:15 PM
Public Services Department James C French PSD Dept Head Review Completed 01/21/2021 4:33 PM
Grants Erica Robinson Level 2 Grants Review Completed 01/22/2021 10:47 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/25/2021 3:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/25/2021 4:42 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/27/2021 8:53 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/01/2021 4:12 PM
Grants Therese Stanley Additional Reviewer Completed 02/03/2021 12:42 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 02/11/2021 10:07 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/23/2021 9:00 AM
16.D.9
Packet Pg. 1019
FAIN #
E-20-UW42-0016
Federal Award Date
September 22, 2020
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant (ESG CV)
CARES Act Funding
CFDA/CSFA#
14.231
Total Amount of Federal
Funds Awarded
$90,000
Subrecipient Name
NAMI Collier County,
Inc
DUNS#
825230993
FEIN
65-0047747
R&D
No
Indirect Cost Rate
No
Period of Performance
September 22, 2020 —
September 21, 2022
Fiscal Year End
6/30
Monitor End:
12/22
AGREEMENT BETWEEN COLLIER COUNTY
AND
NAMI COLLIER COUNTY, INC. (NAMI)
Rapid Rehousing and Outreach - COVID49 Assistance
THIS AGREEMENT is made and entered into this day of , 2021,
by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having
its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and NAMI COLLIER
COUNTY, INC. (SUBRECIPIENT) having its principal office at 6216 Trail Blvd., Building C,
Naples, FL 34108.
WHEREAS, the COUNTY has entered into an Agreement with the United States
Department of Housing and Urban Development (HUD) for a grant to execute and implement an
Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the
Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title IV of the
McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq, and the CARES Act, Public
Law 116-136; and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to
improve the quality of life in Collier County by providing assistance for any of the following five
(5) program components (street outreach, emergency shelter, homelessness prevention, rapid
rehousing assistance, and Homeless Management Information System [HMIS]); and
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WHEREAS, the Board of County Commissioners of Collier County (Board) approved the
Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for
the ESG Program on June 25, 2019 — Agenda Item 16.D.2 .
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from
April 21, 2020 to April 26, 2020; and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved
substantial amendments to the Collier County Consolidated Plan for additional funding from the
ESG-CV Program Round 1 on May 12, 2020 — Agenda Item 16.17.1.17, and ESG-CV Program
Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and
WHEREAS, in accordance with the HUD Community Planning and Development Grant
Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for
participation in the Collier County ESG Program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the COVID-19 Project (ES20-05) ESG COVID-19 Rapid
Rehousing and Outreach.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PART I
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with avy standards
required as a condition of providing ESG, as determined by Collier County Community and
Human Services Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: ESG COVID49 Rapid Rehousing and Outreach
Description of project and outcome: Expand and improve crisis response to the local
community with support/essential needs for clients in supported housing, outreach to the
homeless and unsheltered, rental assistance, travel reimbursement, and financial
counseling to those affected by COVID-19 for a period no longer than 12 months.
Project Component One: Street Outreach to homeless unsheltered persons including but
not limited to, essential needs/services, transportation (bus passes, uber, bicycle),
emergency medical services, training, and mental health services
Project Component Two: Short- to Medium -Term Rapid Re -Housing Rental Assistance
including but not limited to, rent assistance and arrears, security deposits, application fees,
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utility deposits or payments, last monim s rent, housing search and placement activities,
financial assistance services, and training.
Project Component Three: Rapid Re -housing Case Management/Peer Specialist and
Supported Housing Specialist Salaries
1. Project Tasks:
a. Provide financial support to those impacted by the pandemic using
Rapid Rehousing (rental assistance) or Street Outreach, with priority
given to those persons or families with a serious mental illness
b. Maintain documentation on all households serviced, in compliance
with 24 CFR 576.500
c. Provide Quarterly reports on meeting an ESG Eligible Activity
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will
contribute to a program designed to be the first step in a continuum of
assistance to enable homeless individuals and families to move toward
independent living, as well as prevent homelessness, as defined in 24 CFR
Part 576 (Subpart B Eligible Activities 576.21).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty (60) calendar days of the execution of this Agreement, the
SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for
the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of
this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Affirmative Action Plan
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3
Section 504/ADA Policy
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® Fraud, Waste, and Abuse Policy
® Limited English Proficiency Policy (LEP)
® Violence Against Women Act (VAWA) Policy
® LGBTQ Policy
C. Environmental Review Requirement (ERR) for the ESG program - No program
costs can be incurred until an environmental review of the proposed project is
completed and approved. Further, the SUBRECIPIENT will not undertake any
activity or commit any funds prior to the issuance of the CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement,
D, Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project, established by this Agreement, shall attend the CHS-sponsored Annual
Fair Housing training and all other CHS-offered income certification training.
1.2 PROJECT DETAILS
A. Project Description/Budget
Descri tion
Federal Amount
Project Component 1: Street Outreach — including
$10,000.00
but not limited to, essential needs/services,
transportation (bus passes, uber, bicycle), emergency
medical services, mental health services, and training
Project Component 2: Short- to Medium -Term Rapid
$405000400
Re -Housing Rental Assistance including but not
limited to, rent assistance and arrears, security
deposits, application fees, utility deposits or
payments, last month's rent, housing search and
placement activities, financial assistance services,
training.
Project Component 3: Case Management/Peer
$40,000.00
Specialist and Supported Housing Specialist Salaries
Total Federal Funds:
$90,000.00
The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget
between Project Component 1 and Project Component 2, as needed, in order to respond to
the needs of the community. Total expenditures may not exceed the Total Federal Funds.
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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 income
certification documentation
®
Maintain Eligibility Documentation, retained at SUBRECIPIENT location
®
Provide Quarterly Reports on project progress
®
Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑
Ensure attendance by a SUBRECIPIENT and General Contractor at Pre -
Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed
(NTP)
❑
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
®
Comply with Section 3 and maintain documentation
❑
Provide certified payroll weekly throughout construction and rehabilitation
❑
Comply with Uniform Relocation Act (URA), if necessary
❑
Ensure applicable numbers of units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in
Exhibits E, F, and G.
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 thirty (30) days of
Agreement execution and
annually within thirty (30) days
of renewal
Detailed Project Schedule
NA
N/A
Project Plans and
NA
NA
Specifications
Subcontractor Log -
NA
NA
Submission of Progress
Exhibit C and HMIS/SAGE
Quarterly reports and upload,
Report
CSV Upload
within 10 days after the end of
the quarter. Final report due 60
days after final services provided
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or the Agreement ends,
whichever is earlier.
Section 3 Report
Quarterly reports on new
Quarterly; within 10 days after
hire information
the end of the quarter, until
project is complete.
Davis -Bacon Act Certified
NA
NA
Payroll
Financial and Compliance
Audit, Management Letter,
Annually; nine (9) months after
Audit
and Exhibit D
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Revenue Plan for
NA
NA
maintenance and Capital
Reserve
Continued Use
NA
NA
Certification
Program Income Reuse
NA
NA
Plan
Income Documentation
NA
N/A
D. Performance Measures
1. SUBRECIPIENT must expend 20 percent of the total award no later than August
31, 2021. If SUBRECIPIENT does not meet this requirement, HUD may reduce
the award and recapture up to 20 percent of funds.
SUBRECIPIENT must expend 80 percent of the total award no later than February
28, 2022. If SUBRECIPIENT does not meet this requirement, HUD may reduce
the award and recapture up to 80 percent of funds.
E. Payment Deliverables
Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Street
Exhibit B along with documentation
Monthly, by the 1 Oth
Outreach —including but not
of homelessness/unsheltered, invoice
of the month
limited to, essential
for medical/mental health/
following the month
needs/services, transportation
transportation services evidenced by
of service
(bus passes, uber, bicycle),
cancelled checks, bank statements,
mental health services,
and any additional documents as
emergency medical services,
requested.
and training
Project Component 2: Short- to
Exhibit B along with invoice and
Monthly, by the 1 Oth
Medium -Term Ra id Re-
1 proof of rent payment as evidenced by
I of the month
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Housing Rental Assistance —
cancelled checks, properly completed
following the month
including but not limited to,
invoices, bank statements, utility bills,
of service
rent assistance and arrears,
proof of homelessness/at risk of
security deposits, application
homelessness, lease agreement,
fees, utility deposits or
landlord agreement (initial payment
payments, last month's rent,
only), and any additional documents
housing search and placement
as requested.
activities, financial assistance
services, and training
Project Component 3: Case
Exhibit B along with properly
Monthly, by the 10"'
Management/Peer Specialist
completed invoices, timesheets,
of the month
and Supported Housing
payroll, banking, canceled checks,
following the month
Specialist Salaries
and any additional documents as
of service.
requested,
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on September 22, 2020 and end on September 21,
2022. The SUBRECIPIENT services/activities 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.
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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available NINETY THOUSAND DOLLARS AND
ZERO CENTS ($90,000.00) for use by the SUBRECIPIENT during the Term of the
Agreement (hereinafter, shall be referred to as the "Funds"),
Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between project components is allowed with prior written approval,
by the COUNTY.
All services/activities specified in Part 1 Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors that meet Federal requirements. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which
shall have access to all records and documents related to the project.
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
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SQ
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.
No payment will be made until approved by CHS for grant compliance and adherence to
all applicable Local, State, or Federal requirements. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and
in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT for ESG expenditures are governed by the Federal grants
management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For
the purposes of this section (Section 1.5-Cost Principles) of this Agreement,
SUBRECIPIENT is defined as described in 2 CPR 200.93. Accordingly, payments will be
made on a cost reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under this Scope of Work. The
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the
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 200.318-200.327. Allowable costs
incurred by the SUBRECIPIENTS and contractors shall comply with 2 CFR Subpart E-
Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is
subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for
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.
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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.
.i�13K�1�J�(fr'1
ATTENTION: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: carolyn.noblegcolliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT Pam Baker, Chief Executive Officer
NAMI Collier County, Inc.
6216 Trail Boulevard, Building C
Naples, FL 34108
Email: pbaker@namicollier.org
Telephone: (239) 260-7303
Remainder of Page Intentionally Left Blanlc
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, the SUBRECIPIENT shall make available all
records, documentation, and any other data relating to all matters covered by the
Agreement for review, inspection, or audit.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days
after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current COUNTY policy concerning SUBRECIPIENT audits.
The determination of Federal award amounts 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 ESG program
regulations, as provided in Exhibits E, F, and G, to determine compliance with the
requirements of this Agreement, the requisite Programs, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ESG regulations.
B. SUBRECIPIENT
shall keep
and maintain
public
records that
ordinarily and
necessarily would
be required
by COUNTY inor er
to perform the
service.
C. SUBRECIPIENT shall make available to the COUNTY, at any time upon request
by CHS, all reports, plans, surveys, information, documents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for this Agreement. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles (GAAP),
procedures, and practices, which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including
matching funds and Program Income. These records shall be maintained to the
extent of such detail as will properly reflect all net costs, direct and indirect labor,
materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
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D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event, SUBRECIPIENT shall keep all documents and records in
an orderly fashion and in a readily accessible, permanent, and secured location for
three (3) years after the date of submission of the annual performance and
evaluation report, as described in 2 CFR 200.334. However, if any litigation, claim,
or audit is started before the expiration date of the three (3) year period, the records
will be maintained until all litigation, claim, or audit findings involving these
records are resolved. If the SUBRECIPIENT ceases to exist after the closeout of
this Agreement, it will notify the COUNTY in writing, of the address where the
records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall
meet all requirements for retaining public records and transfer, at no cost to
COUNTY, all public records in possession of the SUBRECIPIENT upon
termination of the Agreement; and destroy any duplicate exempt or confidential
public records that are released from public records disclosure requirements. All
records stored electronically must be provided to the COUNTY in a format that is
compatible with the COUNTY's information technology systems.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 239-252-6832, Michael.Cox cr,coiliercountyflgov, 3299
Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible
under HUD Income Guidelines. Income certification documentation will be
validated at interim and closeout monitorings. The SUBRECIPIENT agrees that
CHS shall be the final arbiter on the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how it complied with the Program components;
the applicable regulations included in Exhibits E, F, and G; and the eligibility
requirement(s) under which funding was received. This also includes special
requirements such as necessary and appropriate determinations, as defined in the
applicable exhibit, including income certification and written agreements with
beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide the records and at a cost
that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law. SUBRECIPIENT shall ensure that exempt or
confidential public records that are released from public records disclosure
requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR
200.338.
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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 (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 on 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 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 200.332. 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 time period 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, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the
performance of this Agreement, and to provide proper and effective management of all
Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control
systems and all transactions and other significant events shall be clearly documented and
be readily available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the performance of
the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,
investigate, and prevent fraud, waste, and abuse.
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SUBRECIPIENT may not discriminate against any employee or other person who reports
to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of
this Agreement or any law or regulation, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failure to
implement or to make acceptable progress on such corrective action plans.
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. The escalation policy for noncompliance is as follows:
Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which requires the SUBRECIPIENT to submit a corrective
action plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to
provide
Technical
Assistance (TA)
to the
SUBRECIPIENT, as needed,
in order
to correct
the noncompliance
issue.
2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely
manner, CHS may require a portion of the awarded grant amount be returned
to the COUNTY.
• The COUNTY may require upwards of 5 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
3. If SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
noncompliance by certified mail; CHS may require a portion of the awarded
grant amount, or the amount of the investment for acquisition of the properties
conveyed, be returned to the COUNTY.
CHS may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
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4. If after repeated notification the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate
the Agreement. The SUBRECIPIENT will be required to repay all funds
disbursed by the COUNTY for the project that was terminated. This
includes the amount invested by the COUNTY for the initial acquisition of
the properties or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228.
If the SUBRECIPIENT has multiple agreements with CHS and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.G RI✓PORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports required by this Agreement, and on the resolution of monitoring findings identified
pursuant to this Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress
reports to the COUNTY on the 10th day of January, April, July, and October, respectively,
for the prior quarter period end. As part of the report submitted in October or when final
services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures, including but not limited to performance data on client feedback with respect
to the goals and objectives set forth in Exhibit C, which contains a sample reporting form
to be used in fulfilling this requirement. Other reporting requirements may be requested by
the County Manager or designee in the event of Program changes, the need for additional
information or documentation arises, and/or legislative amendments are enacted. Reports
and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
Remainder of Page Intentially Left Blanlc
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PART III
TERMS AND CONDITIONS
fcli�.Yi]�Kij► ICY 7:C�11 K�
This Agreement may be assigned or subcontracted with the written consent of the
COUNTY, which consent, if given, shall be at the COUNTY's sole discretion and
judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations
concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does
not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407;
(2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is
required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply
with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US
Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for
Developers, revenue generated is not considered program income. The SUBRECIPIENT
also agrees to comply with all other applicable Federal, State, and Local laws, regulations,
and policies governing the funds provided under this Agreement. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall always 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 independent
of the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
COUNTY'S governing body. Such amendments shall not invalidate this Agreement, nor
relieve or release the COUNTY or SUBRECIPIENT from its obligations under this
Agreement.
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The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State,
or Local guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided ESG grant funds
and must be implemented in full compliance with all HUD's rules and regulations and any
agreement between COUNTY and HUD governing grant funds pertaining to this
Agreement. In the event of curtailment or non -production of said federal or state funds, the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of
the funds will not be available. In that event, the COUNTY may terminate this Agreement,
which shall be effective as of the date it is determined by the County Manager or designee,
in his or her sole discretion and judgment, that the funds are no longer available. In the
event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this Agreement, and the
COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless the COUNTY, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including but not limited to, reasonable attorneys' 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, defend all suits in the name of the COUNTY,
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of the COUNTY.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Section 768.28, Florida Statutes. This section shall survive the
expiration or termination of this Agreement.
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3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the sponsorships of the Program, research reports, and
similar• public notices, whether printed or digitally prepared and released by the
SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team,
as well as Equal Housing Opportunity, to the general public. Construction signs shall
comply with applicable COUNTY codes.
3.8 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension
and Debarment and 2 CFR 200.214, as further detailed in Section 4.18.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, 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, in the case of a partial termination, if
the COUNTY determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the COUNTY may terminate the award in its
entirety. The COUNTY may also terminate this Agreement if the award no longer
effectuates the program goals or COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. SUBRECIPIENT's 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
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B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this
Agreement in a timely and proper manner
C. SUBRECIPIENT's ineffective or improper use of funds provided under this
Agreement
D. SUBRECIPENT'0 submission of reports to the COUNTY that are incorrect or
incomplete in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement
G. SUBRECIPIENT's failure to materially comply with the terms of any other
agreement between the COUNTY and the SUBRECIPIENT relating to the Project
Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,
Appendix II (B):
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY 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 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 benefit for any incomplete project activities undertaken under this
Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided
the required end use beneficiaries, 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.
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any
portion of the funds or property, as the COUNTY may deem necessary. Regulations
regarding real property and equipment are subject to 2 CFR 200.3111
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 continually during SUBRECIPIENT'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), the federal
regulations for the ESG grant funds (24 CFR 576 et seq).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318
through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. As
a result of the need to expedite services to beneficiaries impacted by COVID49, HUD has
allowed jurisdictions to deviate from 2 CPR 200 proccurement standards, allowing
SUBRECIPIENTS to follow Collier County procurement ordinance. Collier County
Ordiance #2017-08 allows contracting with not -for -profits through the approved
exemption.
FPdPral R•nnnrement Standards'
Range:
Method/Com etition Re uired
$0 - $10,000
Micro -Purchase
$10,001 - $250,000
Small Purchase
$250,001+
Sealed Bidding
Cn11iPr ('nunty R•nrnrement Standards
Ran e:
Com etition Re uired
$0 - $35000
Sin le Quote with Documentation
$35001 - $50,000
3 Written Quotes
$505001+
Formal Solicitation ITB, RFP, etc.
During the period of the Declared State of Emergency, emergency and exigent purchases
will be permitted, following Fedel•al Pl•ocurelnent standards, pursuant to 2 CFR 200.320,
provided that SUBRECIPIENT submits sufficient documentation to support cost
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reasonableness. Acceptance of said documentation shall be at the COUNTY sole
discretion. If the Declared State of Emergency expires before December 30, 2020,
SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is
used for purchases under this Agreement. Regardless of the state of emergency, any
purchase in excess of 250,000 will be assessed using a price or cost analysis approved by
CHS, prior to purchase.
In accordance with 2 CFR 200.322, SUBRECIPIENT shall to the greatest extent
practicable, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States.
All items 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
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with
the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323,
SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion, per 2
CFR 200, Appendix II(J) and 2CFR 200.323. Contract administration shall be conducted
by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and
documents related to the Project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. If Program Income is derived from the use of ESG
funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible project activity approved by COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by this project shall be reported to the COUNTY through
an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and
in compliance with 2 CFR 200. When Program Income is generated by an activity that
is only partially funded with ESG funds, the income shall be prorated to reflect the
percentage of ESG funds used. In the event there is a program income balance at the end
of the Program Year, such balance shall revert to the COUNTY for further reallocation.
Equipment no longer needed by the SUBRECIPIENT for ESG-eligible activities under this
Agreement shall be (a) transferred to the COUNTY for use elsewhere in the ESG program
or (b) retained by the SUBRECIPIENT, after compensating the COUNTY an amount equal
to the current fair market value of the equipment, less the percentage of non-ESG funds
used to acquire the equipment.
3.15 ;RANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the
COUNTY after the closeout period ends. Activities during this closeout period shall
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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 records retention law requirements will
result in the more stringent law being applied such that the record must be held for the
longer duration, Any balance of unobligated funds that have been advanced or paid must
be returned to the COUNTY. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information
complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take
place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have
been completed.
3.16 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 based on race, color, disability, national origin, religion, age, familial status, or
sex, Upon receipt of evidence of such discrimination, the COUNTY shall have the right to
terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3
residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations
at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic
opportunities be directed to low and very low income residents of the Project area, and that
contracts for training and employment in connection with the project be awarded to
business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the
project is located.
To the maximum extent practicable, the SUBRECIPIENT shall involve homeless
individuals and families in constructing, renovating, maintaining, and operating facilities
assisted under ESG; providing services assisted under ESG; and providing services for
occupants of facilities assisted under ESG. This involvement may include employment or
volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors,
their successors, and assigns, to those sanctions specified by the Agreement through which
Federal assistance is provided, The SUBRECIPIENT shall comply with Section 3 of the
Housing and Community Development Act of 1968, and certifies and agrees that no
contractual or other disability exists that would prevent compliance with these
requirements.
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�d�
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and minority and
women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "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 women's 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
tenants will be validated with supporting documentation during interim and 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 specifications, in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY
shall provide the SUBRECIPIENT Affirmative Action guidelines to assist in the
formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative
Action Program for approval prior to the award of funds. If the Affirmative Action Plan is
updated during the period of performance of this Agreement, the updated plan must be
submitted to the COUNTY within 30 days of any update/modification.
3.20 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 2 CFR 576.404
"Conflict of Interest", 2 CFR 200,318, FL Statute 287.057, and any additional State and
County statutes, regulations, ordinances, or resolutions governing conflicts of interest.
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The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered
person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and
the costs are reasonable. Approval of an identity of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS, provided however, that this paragraph
shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation
of low and moderate income residents of the project target area.
3.21 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.
3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its compliance with the requirements of 24 CFR
576,400 for consulting with the Continuum of Care, and coordinating and integrating ESG
assistance with programs targeted toward homeless people and mainstream service and
assistance programs (Exhibit G).
3.23 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
The SUBRECIPIENT must keep documentation evidencing the use of written intake
procedures for the centralized or coordinated assessment systems) developed by the
Continuum of Care, in accordance with the requirements established by HUD and
identified in 24 CFR 576.500(g).
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3.25 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 based
on religion and will not limit or give preference in employment to persons based on
religion.
B. It will not discriminate against any person applying for public services based on
religion and will not limit such services or give preference to persons based on
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, conshuction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, ESG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to ESG funds in this
part. Sanctuaries, chapels, or other rooms that an ESG funded religious
congregation uses as its principal place of worship, however, are ineligible for ESG
funded improvements.
3.26 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.
3.27 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations
regarding the ESG Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www. ecfr. gov/cgimbin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
https://www hudexchange info/resource/2184/housing-and-community-development-hcd-act-of-
1974/
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.goy/programdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
https://www.ceoc.gov/laws/statutes/titievii,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. goy/cgi-bin/text-
idx?c=ecfr:sid=dc4c2f93 cdadfb8974315fa2bfdf4cec;ran=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
https://www.ecfr. goy/cgi-bin/text-idx?rgn=div5 &node=24:1.1.1.1.5#se24.1.5 1105
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 -which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246: https://www.dol.gov/agencies/ofcgp/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.
htips://www.eeoc.gov/laws/statutes/titlevii.cfm
4.8 24 CFR 75 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
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75, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's
Subrecipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
https://www liud.gov/sites/dfiles/FHEO/documents/Section3ruleO92820.pdf
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 IHUD 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 ESG-funded project is located; where feasible, priority should be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low- income participants
in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead- based paint hazards),
housing construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the ESG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https•//www hud gov/sites/dfiles/FHEO/documents/Section3ruleO92820 pdf
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4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofeep/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107:https://www.archives. gov/federal-register/codification/executive-order/ 12107.html
12086:https://www. archives. gov/federal-register/codification/executive-order/ 12086.html
4.10 Equal access in accordance with the individual's gender identity in community planning
and development programs, per 24 CFR 5.106.
https://www.govrogs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe0l.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CPR 570.614
Subpart K.
Section 504: htti)s://www.epa. og v/ocr
29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.nud, ovg /nuaprograms/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 ESG.
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
https•//uscode house.gov/view.xhtml?req=granuleid:USC-1999-tit1e40-section276a-
7 &num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
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29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
Lttps://www.law.comell,edu/cfr/text/29/part-5
Executive Order
11914 -Prohibits
discrimination with respect to the
handicapped, in
federally assisted
projects.
https://www.presidency.ucsb.edu/ws/index.phhp?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/t)kg/USCODE-2010-
titlel8/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml7req=granuleid:USC-1999-tit1e40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 7945 - 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/ l 1625.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.eefr.izov/cgi
-bin/text-
13 0 8;idno=24;cc=ecfr
E.O. 13279: https//www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 The Fair• Housing Act (Al U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.iustice.gov/crt/fair-housing-act-I
Executive Order 11063 — Equal Opportunity in Housing
https•//www archives.gov/federal-register/codifrcation/executivemorder/I1063.html
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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.
https://www.ccfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.1pl
4.22 2 CFR 200.216 —Prohibition of certain telecommunications and video surveillance
services or equipment. Recipients and Subrecipients are prohibited from obligating or
expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to
procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that use(s) covered telecommunications equipment
or services as a substantial or essential component of any system or as a critical technology
as part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value
to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311,
Florida Statutes-
https://www, lawserver. com/law/state/florida/statutes/florida_statutes_Chapter_112_part_i
ii
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.25 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.
4.26 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).
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4.27 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
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT,
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
https://www. ovg info.gov/content/pkg[USCODE-2010-title42/html/USCODE-
2010-title42-chap85.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. ovg info.gov/content kg/USCODE-2011-title33/pdf/USCODE-
2011-title3 3-chapM. pdf
https://www.law.cornell.edu/uscode/text/33/chapter-26
4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation
and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA
guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act-
rera-and-federal-facilities https://www.law.cornell.edu/cfr/text/40/247.1
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost
of said flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.31 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.
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httns://www.goo. og v/iasys/granule/CFR.2000-title24-voi3/CFR-2000-title24-vo13-
sec570-6084d163
4.32 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.govihistory/local-law/nhpal966.htm
httns://www.achp. gov/sites/default/files/regulations/2017-02/regs-revO4.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.
ittl)s://www.Lips.gov/history/local-lqnL/nhpal966,htm
4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance
with the Drug -Free Workplace Act of 1988 (41 USC 701).
https • //www. gpo. gov/fdsys/granule/US C ODE-2009-title4l /US CODE-2009-title4l -
chapl0-sec701
4.34 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,
httns://www.archives. gov/federal-register/codification/executive-order/12549.html
4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable and agrees to adhere to the accounting principles and procedures requited
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq.
4.36 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 200.345, 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.
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https://www.ecfr.gov/cizi-i)ln/text-
dx?SID=5a7gaddefff9a535e83fed3OlO308aef&mc=true&node=se2.1.200 1344&rgn=di
v8
4.37 Any real property acquired by the SUBRECIPIENI 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.gov/fds}_s/granule/CFR-2009-title49-vol l /CFR-2009-title49-vol l -part24
4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
htip://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Strin
g=&URL=0200-0299/0287/S ections/0287.13 3.htm1
4.39 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.
4.40 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).
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https://www.gpo. og v/iasys/granule/USCODE-2009-title4l/USCODE-2009-title4l-
chap 10-secM 1 /content-detail.html
4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
httl2s://www.gsa.goy/portal/content/l 04877
4.42 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.ecfr.gov/cgi-bin/textm
idx?SID=e339ece9fdfd1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
https://www.law.comell.edu/cfr/text/24/5.1 11
4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do
not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but
who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C.
5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section
330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of
the Food and Nutrition Act of 2008 7 U.&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 ig ster.gov/documents/2016/12/20/2016-30241/runaway-and-
homeless-,} outh
4.44 HUD Final Rule —Implementation of the Violence Against Women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual assault,
and stalking, regardless of sex, gender identity, or sexual orientation, and which must be
applied consistent with all nondiscrimination and fair housing requirements.
https'//www.federalregister.gov/documents/2016/11/16/2016-25888/violence-a ag inst-
women-reauthorization-act-of-2013-implementation-in-hud-housing_programs
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statutes 713.20, Part 1, Construction Liens
https'//www.leg.state.fl.us/Statutes/index.cfm7Ap�mode=Display Statute&URL=0700-
0799/0713/0713.html
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4.47 Florida Statutes 119.021 Records Retention
littp://www.lefz.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.htm1
4.40 Florida Statutes, 117.0, ,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
4.49 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
httl://www.lep.gov.
4.50 Equal Treatment ofFaith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious
activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more
information, see https:Hoip.gov/about/ocr/partnerships.htm. Discrimination on the basis of
religion in employment is generally prohibited by federal law, but the Religious Freedom
Restoration Act is interpreted on a case -by -case basis to allow some faith -based
organizations to receive DOJ/BJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights,
4.51 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:Hoip.gov/about/ocr/pdfs[UseofConviction Advisory.pdf for more details.
4.52 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.
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4.53 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
4.54 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.
4.55 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.
4.56 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at https:Hoip.pov/funding/Explore/ProhibitedConduct-Trafficking htm.
4.57 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.
4.58 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. ovg /cgi_
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=1rue&n=pt37.1
.401 &r=PART&ty=HTML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
CRYSTAL. K. KINLEL, CLERIC COLLIER COUNTY, FLORIDA
Dated:
, Deputy Clerk
{SEAL}
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Date:
By:
I F""Y TAYLOR, CHAIRPERSON
Date:
NAMI COLLIER COUNTY, INC.
By: C
PAMELA BAK & C' HIEF EXECUTIVE
OFFICER
Date: _ 0 / / 1 7/
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
Workers' Compensation as required by Chapter 4405 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.
Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named as
an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this Agreement. This insurance shall be
maintained for a period of two (2) years after the Certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause
its Subcontractors to provide, original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the buildings) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance
with
the requirements
of the Flood Disaster Protection Act of 1973
(42
U.S.C. 4001),
the
SUBRECIPIENT
shall assure that for activities located in an
area
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identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9, Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage,
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
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,
aIt grant requirements have been followed.
Signature
Title
Authorizing Grant Coordinate•
Authorizing Grant Accountant
Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000
and above)
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■
EXHIBIT C
Emergency Solutions Grants (ESG)
Quarterly Performance Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
i. Report Selection Criteria
Characteristics Report
i. Report Selection Criteria
Ethnicit
Race
Non -
Hispanic
Hispanic
White
BlacldAfrican American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
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
Male
Female
sin les)
Unaccompanied 18 and over
Unaccompanied 17 and under
b. Number of
Families with
children
Male
Female
Headed b sin
le 18 and over
Headed by single
17 and under
Headed by two
parents 18 and
over
Headed by two
parents 17 and
under
Number of Families with no children
TOTAL
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G
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
(<. soup kitchen/meal distribution
1, health care
m. HIV/AIDS services
n. other lease list
5. Number of clients served b sub o ulation du licated count
a. Chronicall Homeless
f. Chronic Substance Abuse alcohol and/or rug)
b. Victims of Domestic
Violence
g. Severely Mentally III
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 amaccompanied
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 tune:
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
Expenditures for :A" hing
Re ocatron an Sta r rzatron Services - Finaperal Assistance
$
Re ocatron and Stabilization Services - Services
$
Hazard Pay (unique activity)
$
Landlord Incentives (unique activity)
$
Volunteer Incentives (unique activity)
$
Training (unique activity)
$
Subtotal Homelessness Prevention
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8. Expenditures for Outreach
Essential
Services
$
Hazard Pay (unique activity)
$
Han was
mg stations/portable bathrooms (unique activity)
$
Volunteer
Incentives (unique activity)
$
"raining
unique activity)
$
Subtotal
Temporary Emergency Shelter
Totat La U-CV Expendttures
I hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Date:
Your typed name here represents your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitorlsubrecipients 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 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 M/DD/Y
Last Date of Fiscal Year MM/DD
Total Federal Financial Assistance Expended during
Total State Financial Assistance Expended during most
most recently completed Fiscal Year
recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a
Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by
i 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 frnding(s), we are requesting an updated status of the corrective action(s) being taken.
Please do not provide just a copy of the written response from your audit report, unless it includes details of
the actions, procedures, policies, etc. implemented and when it was or will be implemented.
Certification Statement
I hereby certify that the above information is true and accurate,
Signature
Date
Print Name and Title
06/ 18
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EXHIBIT E
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 family move as quickly as possible into
permanent housing and achieve stability in that housing, as described in 24 CFR 576.104
subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for
the ESG Program Under the CARES Act, and
B. Homelessness Prevention —prevent an individual or family from moving into an emergency
shelter or other housing that has characteristics associated with instability and/or an increased
risk of homelessness, as described in 24 CFR 576.103 subject to exceptions in HUD Notice
CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES
Act.
Supportive Services:
The SUBRECIPIENT must assist each program participant, as needed, to obtain:
A. Appropriate supportive services, including assistance in obtaining permanent housing, medical
health treatment, mental health treatment, counseling, supervision, and other services essential
for achieving independent living.
B. Other Federal, State, local, and private assistance available to assist the program participant in
obtaining housing stability, including:
(i.) Medicaid (42 CFR chapter IV, subchapter C)
(iL) 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,
60% 614-617, 6255 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
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t.5
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.
Confidentiality:
A. The SUBRECIPIENT must develop and implement written procedures to ensure:
(i) All records containing personally identifying information (as defined in HUD's
standards for participation, data collection, and reporting in a local HMIS) of any
individual or family who applies for and/or receives ESG assistance will be kept secure
and confidential.
(ii) The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted under ESG will not be made public, except with written
authorization of the person responsible for the operation of the shelter.
(iii) The address or location of any housing of a program participant will not be made
public, except as provided under a pre-existing 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 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 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
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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.
Homelessness Prevention Assistance Evaluation
D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each
individual's or family's eligibility for ESG homelessness prevention assistance and the amount
and type 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 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 type of assistance the program participant
needs.
Rental Assistance Agreement:
The SUBRECIPIENT may make rental assistance payments only to an owner with whom the
SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement
must set forth the terms under which rental assistance will be provided. The rental assistance
agreement must provide that, during the term of the Agreement, the owner must give the
SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or
any complaint used under state or local law to commence an eviction action against the program
participant.
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The SUBRECIPIENT must make timely payments to each owner in accordance with the rental
assistance agreement. The rental assistance agreement must contain the same payment due date,
grace period, and late payment penalty requirements as the program participant's lease. The
SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non-
ESG funds.
Leases:
The SUBRECIPIENT agrees that each program participant receiving rental assistance must have
a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears.
The lease must be between the owner and the program participant. Where the assistance is solely
for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement
gives the program participant an enforceable leasehold interest under state law and the agreement
and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or
canceled checks. For program participants living in housing with project -based rental assistance,
the lease must have an initial term of one year.
Under 24 CPR 576.106(d)(I), rental assistance cannot be provided unless the total rent is equal to
or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888,
and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507.
However, during the six months beginning March 31, 2020, the FMR restriction is waived for an
individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness
Prevention assistance, under this Agreement. The SUBRECIPIENT must still ensure the units in
which ESG assistance is provided to these individuals and families meet the reasonable standard.
Case Management:
The SUBRECIPIENT must require each program participant to meet with a case manager not less
than once per month to assist the participant in ensuring long-term housing stability; and to develop
a plan to assist the program participant to retain permanent housing after the ESG assistance ends.
The case manager must take into account all relevant considerations, such as the program
participant's current or expected income and expenses; other public or private assistance for which
the program participant will be eligible and likely to receive; and the relative affordability of
available housing in the area.
The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if
the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence
Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT
from making its shelter or housing conditional on the participant's acceptance of services
Tenant -Based Rental Assistance:
A. A program participant who receives tenant -based rental assistance may select a housing unit
in which to live and may move to another unit or building and continue to receive rental
assistance, as long as the program participant continues to meet the program requirements.
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B. The SUBRECIPIENT
may require that all
program participants
live within a particular area
for the period in which
the rental assistance
is provided.
C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i) The program participant moves out of the housing unit for which the program
participant has a lease;
(ii) The lease terminates and is not renewed; or
(iii)The program participant becomes ineligible to receive ESG rental assistance.
D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a
participant/tenant, it will be obligated to provide rental assistance on behalf of that
participant/tenant throughout the term of the RAP, unless the COUNTY terminates this
Agreement or if any of the conditions occur that warrant termination.
Affirmative Outreach:
The SUBRECIPIENT must make known that use of the facilities, assistance, and services are
available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY
or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and
services will reach persons of any particular race, color, religion, sex, age, national origin, familial
status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must
establish additional procedures that ensure that those persons are made aware of the facilities,
assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective
communication with persons with disabilities including, but not limited to, adopting procedures
that will make available to interested persons information concerning the location of assistance,
services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and
Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure
meaningful access to programs and activities for limited English proficiency (LEP) persons.
Meaningful Access to the ESG Program for Limited English Proficient Persons:
Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English (limited English proficient
persons or LEP) may be entitled to language assistance under Title VI in order to receive a
particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of
1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable
steps to ensure meaningful access to activities for LEP persons. Any of the following actions could
constitute "reasonable steps", depending on the circumstances: acquiring translators to translate
vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with
LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering
with other organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project; hiring bilingual employees or volunteers for
outreach and intake activities; contracting with a telephone line interpreter service; etc.
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(J
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. This process
shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment
and examine all extenuating circumstances in determining when violations warrant termination so
that a program participant's assistance is terminated only in the most severe cases. Additionally,
should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the
SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal
process, To terminate rental assistance to a program participant, the required formal process, at a
minimum, must consist of:
A. Written notice to the program participant containing a clear statement of the reasons for
termination;
B. A review of the decision, in which the program participant is given the opportunity to present
written or oral objections before a person other than the person (or a subordinate of that person)
who made or approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to
the same family or individual
Housing Quality Standards:
The SUBRECIPIENT cannot
use ESG funds to help a
program
participant remain or move into
housing that does not meet the
habitability standards set
forth in
24 CPR 576,403 (c).
Lead -Based Paint Remediation and Disclosure:
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations
in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program
participants.
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V
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 stmzdar°dsfor permanent housing. The SUBRECIPIENT cannot use
ESG funds to help a program participant remain or move into housing that does not meet the
minimum habitability standards provided in this paragraph. The COUNTY may also establish
standards that exceed or add to these minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and adequate
space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination
to permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store, prepare, and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of the
shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm
system must be designed for hearing -impaired residents. All public areas of the shelter must
have at least one working smoke detector. There must also be a second means of exiting the
building in the event of fire or other emergency.
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EXHIBIT G
ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The 0UB17ECI1-IENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of are
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 582)
(2)
Supportive Housing Program (24 CFR part 583)
(3)
Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program
for Homeless Individuals (24 CFR part 882)
(4)
HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110461 (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)
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(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
(16) Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17) Homeless Veterans Dental Program (38 U.S.C. 2062)
(18) Supportive Services for Veteran Families Program (38 CFR part 62)
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031)
(c) System and program coordination with mainstream resources. The SUBRECIPIENT and
COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded
activities with mainstream housing, health, social services, employment, education, and youth
programs for which families and individuals at risk of homelessness and homeless individuals
and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant -based or project -based assistance under section
8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts
982 and 983)
(3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891)
(4) HOME Investment Partnerships Program (24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 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.
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(3)
Policies and procedures for admission, diversion, referral, and discharge by
emergency shelters assisted under ESG, including standards regarding length of
stay, if any, and. safeguards to meet the safety and shelter needs of special
populations, e.g., victims of domestic violence, dating violence, sexual assault, and
stalking; and individuals and families who have the highest barriers to housing and
are likely to be homeless the longest.
(4)
Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5)
Policies and procedures for coordination among emergency shelter providers,
essential services providers, homelessness prevention, and rapid re -housing
assistance providers; other homeless assistance providers; and mainstream service
and housing providers (see §576.400(b) and (c) for a list of programs with which
ESG-funded activities must be coordinated and integrated to the maximum extent
practicable).
(6)
Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible
families and individuals will receive rapid re -housing assistance.
(7)
Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-
housing assistance.
(8)
Standards for determining how long a particular program participant will be
provided with rental assistance and whether and how the amount of that assistance
will be adjusted over time.
(9)
Standards for determining the type, amount, and duration of housing stabilization
and/or relocation services provided 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 may 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 services or legal services
provider, it may use a comparable database that collects client -level data over time (i.e.,
longitudinal data) and generates unduplicated aggregate reports based on the data. Information
entered into a comparable database must not be entered directly into or provided to an HMIS.
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FAIN #
E-20-UW-12-0016
Federal Award Date
09/22/20
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant (ESG-CV)
CARES Act Funding
CFDA/CSFA#
14.231
Total Amount of Federal
Funds Awarded
$546,415.20
Subrecipient Name
The Shelter for Abused
Women & Children,
Inc.
DUNS#
836680769
FFIN
59-2752895
R&D
No
Indirect Cost Rate
No
Period of Performance
September 22, 2020 —
September 21, 2022
Fiscal Year End
6/30
Monitor End:
9/30
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SAWCC)
Shelter Operations, Improvements, and Technology COVID49 Assistance
THIS AGREEMENT is made and entered into this day of , 2021,
by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having
its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and THE SHELTER FOR
ABUSED WOMEN & CHILDREN, INC. (SUBRECIPIENT) having its principal office at PO
Box 10102, Naples, FL 34101.
WHEREAS, the COUNTY has entered into an Agreement with the United States
Department of Housing and Urban Development (HUD) for a grant to execute and implement an
Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the
Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq., and the CARES Act, Public
Law 116-136); and
WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain
activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to
improve the quality of life in Collier County by providing assistance for any of the following five
(5) program components (street outreach, emergency shelter, homelessness prevention, rapid
rehousing assistance, and Homeless Management Information System [HMIS]); and
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WHEREAS, the Board of County Commissioners of Collier County (Board) approved the
Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for
the ESG Program on June 25, 2019 — Agenda Item 16.D.2 .
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from
April 21, 2020 to April 26, 2020; and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved
substantial amendments to the Collier County Consolidated Plan for additional funding from the
ESG-CV Program Round I on May 12, 2020 — Agenda Item 16.F.I.F ,and ESG-CV Program
Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and
WHEREAS, in accordance with the HUD Community Planning and Development Grant
Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for
participation in the Collier County ESG Program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the COVID-19 Project (ES20-04) ESG COVID-19 Shelter
Operations, Improvements, and Technology.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG, as determined by Collier County Community and
Human Services Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: ESG COVID-19 Shelter Operations, Improvements, and Technology
Description of project and outcome: Shelter operation expenses to expand and improve in
the prevention, preparation and response to COVID-19.
Project Component One: Shelter Operation Expenses which may include but are not
limited to, supplies, repairs/maintenance, technology, utilities, PPE, sanitization
Project Component Two: Transportation costs which may include bus passes, taxis, uber
Project Component Three: Shelter Personnel which may include the salaries and benefits
for those assisting in COVID49 related prevention, preparation and response
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1. Project Tasks:
a. To prepare, prevent and respond to the changing needs of the staff and
clients during the COVID-19 pandemic while providing shelter for
abused women & children
b. Maintain documentation on all households selved in compliance with
24 CFR 576,500
c. Provide quarterly reports on ESG Eligible Activity
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with ESG CV 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 a detailed project schedule for the completion of the
project to CHS for approval.
B. The following resolutions and policies must be submitted within sixty (60) days of
this Agreement:
Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) for the ESG ptogratn - No program
costs can be incurred until an environmental review of the proposed project is
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completed and approved. Further, the SUBRECIPIENT will not undertake any
activity or commit any funds prior to the issuance of the CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
D. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project, established by this Agreement, shall attend the CHS-sponsored Annual
Fair Housing training and all other CHS-offered income certification training.
E. Pursuant to HUD CPD NOTICE 20-08, dated September 1, 2020, Section IILE.2.
Pre Award Costs:
"To account for the urgent activities and costs ESG recipients and subrecipients
have undertaken to prevent, prepare for, and respond to coronavirus, the recipient
is authorized to use ESG-CV funds to cover or reimburse costs incurred before
the period of performance provided that the cost to be covered or reimbursed
would be otherwise allowable under the flexibilities and requirements established
for ESG-CV funds and was incurred by a recipient or subrecipient on or after
January 21, 2020 to prevent, prepare for, and respond to coronavirus. In addition,
where this Notice limits activities in comparison with 24 CFR Part 576 (e.g., the
maximum rental assistance per program participant in Section III.E.5.b.(i)@ of
this Notice), a recipient may cover or reimburse costs incurred before the period
of performance, provided that the cost to be covered or reimbursed would be
otherwise allowable under 24 CFR Part 576 and:
(a) The costs were incurred prior to the publication of this Notice
1.2 PROJECT DETAILS
A. Project DescriptionBudget
Descri tion
Federal Amount
Project Component 1: Shelter Operation Expenses
$77,153.00
which may include but are not limited to, supplies,
repairs/maintenance, technology, utilities, PPE,
sanitizing
Project Component 2: Shelter Transportation which
$0.00*
may include bus passes, taxis, uber•
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Project Component 3: Shelter Personnel which may
$46%262.20
include the salaries and benefits for those assisting in
COVID-19 related prevention, preparation and
response
Total Federal Funds:
$546,415.20
*TBD —Component 2 may receive a future allocation by amendment to this Agreement.
The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget
between Project Component I and Project Component 2, as needed, in order to respond to
the needs of the community. Total expenditures may not exceed the Total Federal Funds,
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the COUNTY, as requested, beneficiary income
certification documentation
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly Reports on project progress
® Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑ Ensure attendance by a SUBRECIPIENT and General Contractor at Pre -
Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed
(NTP)
❑ 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
® Comply with Section 3 and maintain documentation
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in
Exhibits E, F, and G.
C. Performance Deliverables
Program Deliverable
The
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition
Policies as stated in this
Within sixty (60) days of
Policies Section 1.1
A reement
Agreement execution
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Insurance
Insurance Certificate
Within 30 days of Agreement
execution and annually within
thirty 30 days of renewal
Detailed Project Schedule
Project Schedule
Within sixty (60) days of
Agreement execution
Project Plans and
NA
NA
Specifications
Subcontractor Log
NA
NA
Submission of Progress
Exhibit C and HMIS/SAGE
Quarterly reports, within 10 days
Report
CSV Upload
after the end of the quarter. Final
report due 60 days after final
services provided or the
Agreement ends, whichever is
earlier.
Section 3 Report
Quarterly reports on new
Quarterly; within 10 days after
hire information
the end of the quarter, until
project is complete.
Davis -Bacon Act Certified
NA
NA
Payroll
Financial and Compliance
Audit, Management Letter,
Annually; nine (9) months after
Audit
and Exhibit D
FY end for Single Audit OR one
hundred eighty (180) days after
FY end
Revenue Plan for
NA
NA
maintenance and Capital
Reserve
Continued Use
NA
NA
Certification
Program Income Reuse
NA
NA
Plan
Income Documentation
ESG applicable form
N/A
D. Performance Deliverables
SUBRECIPIENT must expend 20 percent of the total award no later than August
31, 2021. If SUBRECIPIENT does not meet this requirement, HUD may reduce
the award and recapture up to 20 percent of the funds.
2 SUBRECIPIENT must expend 80 percent of the total award no later than February
28, 2022. If SUBRECIPIEN does not meet this requirement, HUD may reduce the
award and recapture up to 80 percent of the funds.
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E. Payment Deliverables
Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1: Shelter
Exhibit B along with invoice as
Monthly, by 10" of
Operation Expenses which
evidenced by cancelled checks, bank
the month following
may include but are not
statements, and any other documents
the month of service
limited to, supplies,
as requested.
repairs/maintenance,
technology, utilities, PPE,
sanitizing
Project Component 2: Shelter
Exhibit B along with invoice/receipt
Monthly, by 10d' of
Transportation which may
as evidenced by cancelled checks,
the month following
include bus passes, taxis, uber
bank statements and any other
the month of service
documents as requested
Project Component 3: Shelter
Exhibit B along with documentation
Monthly, by l Oth of
Personnel (PA) which may
including but not limited to
the month following
include the salaries and
timesheets, payroll, banking, canceled
the month of service
benefits for those assisting in
checks and any additional documents
COVID-19 related prevention,
as requested.
preparation and response
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on September 22, 2020 and end on September 21,
2022. SUBRECIPIENT services/activities 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.
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.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED FORTY SIX THOUSAND
FOUR HUNDRED FIFTEEN DOLLARS AND TWENTY CENTS ($546,415.20) for
use by SUBRECIPIENT during the Term of the Agreement (hereinafter, shall be referred
to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between project components is allowed with prior written approval,
by the COUNTY.
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A11 services/activities specified in Part I Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors who meet Federal requirements. Contract
administration shall be managed by the SUBRECIPIENT and monitored by CHS, which
shall have access to all records and documents related to the project.
The COUNTY shall reimburse 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 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 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.
No payment will be made until approved by CHS for grant compliance and adherence to
aII applicable Local, State, or Federal requirements. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and
in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
1.5 CO5T PRINCIPLES
Payments to SUBRECIPIENT far ESG expenditures are governed by the Federal grants
management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For
the purposes of this section (Section 1.5-Cost Principles) of the Agreement,
SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be
made on a cost reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under this Scope of Work. The
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the
project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must
provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs
incurred by Subrecipients and contractors shall comply with 2 CFR Subpart E-Cost
Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is and
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tz) k
may impose requirements upon the Developer, to remain compliant with its obligation to
follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain
necessary source documentation for all costs incurred and adhere to any other accounting
requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery
or sending. All notices and other written communications under this Agreement shall be
addressed to the individuals in the capacities indicated below, unless otherwise modified
by subsequent written notice.
COLLIER COUNTY
ATTENTION: Carolyn Noble, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
Email: carolyn.noble@colliercountvfl.eov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
The Shelter for Abused Women & Children
PO Box 10102
Naples, FL 34101
Email: loberhaus@naplesshelter.org
Telephone: (239) 280-1350
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, SUBRECIPIENT shall make available all records,
documentation, and any other data relating to all matters covered by the Agreement for
review, inspection, or audit.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days
after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current COUNTY policy concerning subrecipient audits and 2 CFR
200.501.
The determination of Federal award amounts 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 ESG program
regulations, as provided in Exhibits E, F, and G, to determine compliance with the
requirements of this Agreement, the requisite Programs, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall keep and maintain public records that ordinarily and
necessarily would be required by COUNTY in order to perform the service.
C. SUBRECIPIENT shall make available to the COUNTY, ay any time upon request
by CHS, all reports, plans, surveys, information, documents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by
SUBRECIPIENT for this Agreement. 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 to properly reflect all net costs, direct and indirect labor,
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materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event, SUBRECIPIENT shall keep all documents and records in
an orderly fashion in a readily accessible, permanent, and secured location for three
(3) years after the date of submission of the annual performance and evaluation
report, as described in 2 CFR 200.334. However, if any litigation, claim, or audit is
started before the expiration date of the three (3) year period, the records will be
maintained until all litigation, claim, or audit findings involving these records are
resolved. If 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 200.337. SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to COUNTY, all public records
in SUBRECIPIENT's possession upon termination of the Agreement; and destroy
any duplicate exempt or confidential public records that are released 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 SUBRECH'IENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 239-252-6832, Michael.Cox@colliercouno.gov, 3299
Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income
eligible files on clients served, and documentation that all households are eligible
under HUD Income Guidelines. Income certification documentation will be
validated at interim and closeout monitorings. The SUBRECIPIENT agrees that
CHS shall be the final arbiter on the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how it complied with the Program components;
applicable regulations included in Exhibits E, F, and G; and the eligibility
requirement(s) under which funding was received. This also includes special
requirements such as necessary and appropriate determinations, as defined in the
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applicable exhibit, including income certification and written agreements with
beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide the records and at a cost
that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law. SUBRECIPIENT shall ensure that exempt or
confidential public records that are released from public records disclosure
requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR
2009338,
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 (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. Upon
request by CHS, SUBRECIPIENT shall submit information and status reports required by
CHS or HUD to enable CHS to evaluate said progress and allow for completion of requited
reports. 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 SUBRECIPIENT's performance 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 200.332. Substandard performance, as determined
by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT
does not take corrective action within a reasonable time period 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
aIt records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the
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performance of this Agreement, and to provide proper and effective management of all
Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control
systems and all transactions and other significant events shall be clearly documented and
readily available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the performance of
the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,
investigate, and prevent fraud, waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of
this Agreement or any law or regulation, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failure to
implement or make acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds from CHS. The escalation policy for noncompliance is as follows:
Initial noncompliance may result in CHS issuing Findings or Concerns to the
SUBRECIPIENT. SUBRECIPIENT is required to submit a corrective action
plan 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, to correct the noncompliance issue.
2. If 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.
• CHS may require upwards of 5 percent of the award amount returned to the
COUNTY, at the discretion of the Board.
SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
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3. If SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
noncompliance by certified mail; CHS may requite a portion of the awarded
grant amount or the amount of the investment for acquisition of the properties
conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
4. If after repeated notification, the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate
the Agreement. The SUBRECIPIENT will be required to repay all funds
disbursed by the COUNTY for the terminated project. This includes the
amount invested by the COUNTY for the initial acquisition of the properties
or other activities.
• The SUBRECIIIENT will be in violation of Resolution No. 2013-228
If 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 RPPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports and the resolution of identified monitoring findings 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 or when final
services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures, including but not limited to, performance data on client feedback with respect
to the goals and objectives set forth in Exhibit C, which contains a sample reporting form
to be used in fulfilling 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
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and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
Remainder of Page Intentially Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations
concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does
not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407;
(2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is
required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply
with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US
Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for
Developers, revenue generated is not considered program income. The SUBRECIPIENT
also agrees to comply with all other applicable Federal, State, and Local laws, regulations,
and policies governing the funds provided under this Agreement. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent
of the COUNTY.
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 Board. Such amendments shall not invalidate this Agreement, nor relieve or
release the COUNTY or SUBRECIPIENT from its obligations under this Agreement.
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The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State,
or• Local guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided ESG grant funds
and must be implemented in full compliance with all HUD's rules and regulations and any
agreement between COUNTY and HUD governing grant funds pertaining to this
Agreement. In the event of curtailment or non -production of said federal or state funds, the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of
the funds will not be available. In that event, the COUNTY may terminate this Agreement,
which shall be effective as of the date 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 SUBRECBPIENT under the terms
of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless the COUNTY, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including, but not limited to, reasonable attorneys' 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, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of the COUNTY.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Section 768.28, Florida Statutes. This section shall survive the
expiration or termination of this Agreement.
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3,7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the Program sponsorships, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT
for, on behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team,
as well as Equal Housing Opportunity, to the general public. Construction signs shall
comply with applicable COUNTY codes.
3.8 SUSPENSION AND DEBARMENT
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 an Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension
and Debarment and 2 CFR 200.214, as further detailed in Section 4,18,
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by
either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons
for such termination, the effective date, and in the case of partial terminations, the portion
to be terminated. However, if in the case of a partial termination, the COUNTY determines
that the remaining portion of the award will not accomplish the purpose for which the
award was made, the COUNTY may terminate the award in its entirety. The COUNTY
may also terminate this Agreement if the award no longer effectuates the program goals or
COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. SUBRECIPIENT's 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
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B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this
Agreement in a timely and proper manner
C. SUBRECIPIENT's ineffective or improper use of funds provided under this
Agreement
D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or
incomplete in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement
G. SUBRECIPIENT's failure to materially comply with the terms of any other
agreement between the COUNTY and SUBRECIPIENT relating to the Project
Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,
Appendix II (B):
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY 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 and
specifying the effective date of such termination. If the Agreement is terminated by
the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of
payment or claim of benefit for any incomplete project activities undertaken under
this Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided
the required end use beneficiaries, 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.
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any
portion of the funds or property as the COUNTY may deem necessary. Regulations
regarding real property and equipment are subject to 2 CFR 200.3111
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 continually during SUBRECIPIENT'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 Scope of Work (Part I), the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), the federal
regulations for the ESG grant funds (24 CFR 576 et seq).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317
through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended.
Current purchasing thresholds are:
Federal Procurement Standards:
Range:
Method/Com etition Re aired
$0 -
$10,000
Micro -Purchase
$10,001 -
$250,000
Small Purchase
$2505001+
Sealed Bidding
Collier• Countv Procurement Standards
Ran e:
Com etition Re aired
$0 - $3,000
Sin le uote with Documentation
$3,001 -
$503000
3 Written Quotes
$50,001+
Formal Solicitation ITB, RFP, etc.
During the period of the Declared State of Emergency, emergency and exigent purchases
will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320,
provided that SUBRECIPIENT submits sufficient documentation to support cost
reasonableness. Acceptance of said documentation shall be at the COUNTY's sole
discretion. If the Declared State of Emergency expires before December 30, 2020,
SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is
used for purchases under this Agreement. Regardless of the state of emergency, any
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purchase in excess of 250,000 will be assessed using a price or cost analysis approved by
CHS, prior to purchase.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States.
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY
and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest,
responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT
shall procure items that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix
II(.1) and 2CFR 200.323. Contract administration shall be conducted by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and
documents related to the Project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use
of CDBG-CV funds disbursed under this Agreement, such Program Income shall be
utilized by the SUBRECIPIENT for CDBG-CV eligible activities approved by COUNTY.
Any Program Income (as such term is defined under applicable Federal regulations) gained
from any activity of the SUBRECIPIENT funded by CDBG-CV 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
570.503(c) in the operation of the Program. When Program Income is generated by an
activity that is only partially assisted by CDBG-CV funds, the income shall be
prorated to reflect the percentage of CDBG-CV funds used. If there is a Program
Income balance at the end of the Program Year, such balance shall revert to the COUNTY's
CDBG Program, for further reallocation.
Note to GC: THIS WHOLE SECTION IS MODIFIABLE FOR TAILORING TO
THE SPECIFIC AGREEMENT. PLEASE CHOOSE THE APPLICABLE
CATEGORY BELOW, ADD WHATEVER ELSE IS NEEDED, AND REMOVE
THIS SENTENCE AND ANY OTHER ITEMS THAT DO NOT APPLY.
Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was
acquired or improved, in whole or in part, with CDBG-CV funds shall be used to meet one
of the CDBG-CV National Objectives, pursuant to 24 CFR 570.208, during the continued
use period, as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement.
If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use
the CDBG-CV-assisted equipment in a manner that meets a CDBG-CV National
Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to the current
fair market value of the equipment, less the percentage of non-CDBG-CV funds used to
acquire the equipment.
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Equipment no longer needed by the SUBRECIPIENT for CDBG-CV eligible activities
under• this Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the
CDBG-CV program, or (b) retained by the SUBRECIPIENT after compensating the
COUNTY an amount equal to the current fair market value of the equipment, less the
percentage of non-CDBG-CV funds used to acquire the equipment.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the
COUNTY after the closeout period ends. Activities during this closeout period shall
include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. In
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 records retention law requirements will
result in the more stringent law being applied, such that the record must be held for the
longer duration. Any balance of unobligated funds that have been advanced or paid must
be returned to the COUNTY. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information
complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take
place in accordance with 2 CFR 200.344 and ensure all federal grant requirements have
been completed.
3.16 OPPORTUNITIES FOR RESH)ENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or• be
subjected to, discrimination under any activity carried out by the performance of this
Agreement on the basis of race, color, disability, national origin, religion, age, familial
status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have
the right to terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3
residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations
at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic
opportunities be directed to low and very low income residents of the Project area. hi
addition, contracts for training and employment in connection with the project shall 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 greatest extent feasibble.
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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 providing services for
occupants of facilities assisted under ESG. This involvement may include employment or
volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors
and 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 and minority and
women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "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 women's 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. Tenant income
eligibility will be validated with supporting documentation during interim and closeout
monitoring.
3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agtees 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 the SUBRECIPIENT with Affirmative Action guidelines to assist in the
formulation of such program. The SUBRECIPIENT shall submit its plan for an Affirmative
Action Program for approval prior to the award of funds. If the Affirmative Action Plan is
updated during this Agreement's period of performance, the updated plan must be
submitted to the COUNTY within 30 days of any update/modification.
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3.20 CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ, who presently exercises
aPly functions or responsibilities in connection with the Project, has any personal financial
direct or indirect interest in the Project areas or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement. In addition, no person
having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions
of 2 CFR 576.404 "Conflict of Interest", 2 CFR 200,318, FL Statute 287.057 and any
additional State and County statutes, regulations, ordinances, or resolutions governing
conflicts of interest.
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 pail, by the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and
the costs are reasonable. Approval of an identity of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self -manage the projects using its own employees.
Any possible conflict of interest on the pail 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 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.
3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its compliance with the requirements of 24 CFR
576.400 for consulting with the Continuum of Care and coordinating and integrating ESG
assistance with programs targeted toward homeless people and mainstream service and
assistance programs (Exhibit G).
3.23 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under• 24 CFR 576.405(c).
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3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
The SUBRECIPIENT must maintain 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),
3.25 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 based
on religion and will not limit or give preference in employment to persons based on
religion.
B. It will not discriminate against any person applying for public services based on
religion and will not limit such services or give preference to persons based on
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression
of its religious beliefs, provided it does not use direct ESG funds to support any
inherently religious activities, such as worship, religious instruction, or
proselytizing.
D. The funds shall not be used for• the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, ESG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to ESG funds in this
part. Sanctuaries, chapels, or other rooms that a ESG funded religious congregation
uses as its principal place of worship, however, are ineligible for ESG funded
improvements.
3.26 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.
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3.27 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
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended —All regulations
regarding the ESG Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.eefr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mcrtrue&nodeftt24.1.58&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/housin a-and-community-development-hcd-act-of-
1974/
4A Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.izoy./projaramdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
https://www.eeoc.jzov/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.eefr.gov/cgi-bin/text-
idx?c=ecfrsid=dc4c2f93cdadf08974315fa2bfdf4cec;ren=div5:view=text:node=24%3A3.
1.1.3.8.idno=24:cc=ecfr
https://www.ecfr.goy/cgi-bin/text-idx?r¢tt=div5&node=24:1.1.1.1.5#se24.1.5 1 I OS
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/ofccn/executive-order-I1246/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
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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
75, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's
Subrecipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
https://www.hud.gov/sites/dfiles/FHEO/documents/Section3ruleO92820 pf
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
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The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https•//www.ecfr.jzov/cgi-bin/text-
idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02.tp1
4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
htti)s://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo I 1246.htm
11375: Amended by EO 11478
11478: https•//www archives gov/federal-register/codification/executive-
order/11478.html
12107:https•//www archives gov/federal-register/codifiication/executivemorder/l2107.htmi
12086:https•//www archives gov/federal-register/codification/executive-order/l2086,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 l2art5 subpartA section5.106
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,el2a.gov/ocr
29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html
24 CFR 570.614: htti2s://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https•//www.hud.gov/hudprograms/eohuda9
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://www.lhwa.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 eov/view xhtml?req=granuleid•USC-1999-title40-section276a-
7&num=0&edition=1999
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29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
https://www.law.comell.edu/cfr/text/29/part-3
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.comell.edu/cfr/text/29/part-5
Executive Order
11914 -Prohibits
discrimination with respect to the
handicapped, in
federally assisted
projects.
https://www.12residency.ucsb.edu/ws/index.12hp?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/pke/USCODE-2010=
title 18/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.pov/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/i 1625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
576.407, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 576.407:
https://www.ecfr.gov/cgimbin/text-
idx?c=ecfr:sid=dc4c2f93cdadf08974315fa2bfdf4ceccrgn=div5:view=text.node=24%3A3.
1.1.3.8: idno=24:cc=ecfr
E.O. 13279: https//www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100430 -the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.eov/pubmed/12289709
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4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
httys://www.iustice.gov/crt/fair-housinp,mact-I
Executive Order 11063 — Equal Opportunity in Housing
httns•//www archives eov/federal-register/codification/executiveworder/I 1063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
httns•//www archives Qov/federal-register/codification/executive-order/12259.htmi
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
httns://www.law.comell.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.
httns•//www ecfr gov/cgi-bin/text-idx?tpl=/eefrbrowse/Titic02/2efr200 main 02.tpl
4.22 2 CFR 200.216 —Prohibition of certain telecommunications and video surveillance
services or equipment. Recipients and Subrecipients are prohibited from obligating or
expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to
procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that use(s) covered telecommunications equipment
or services as a substantial or essential component of any system or as a critical technology
as part of any system.
4.23 Immigration Reform and Control Act of 1986
httns://www.eeoc.gov/eeoc/history/35th/thelaw/irca.htmi
4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value
to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier
County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure
5311,
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_112�art_i
ii
Collier County-
http://www.colliergov.netthome/showdocument?id=35137
4.25 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.
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4.26 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).
4.27 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
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
https://www.flsenate.2ov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
https://www.eovinfo.gov/content/pke/IJSCODE-2010-title42/html/USCODE-
2010-title42-chap85.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.izovinfo.gov/content/pkg/USCODE-201 I Aitle33/pdf/USCODE-
2011-title33-chap26.pdf
https://www.law.comell.edu/uscode/text/33/chapter-26
4.29 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.izov/enforcement/resource-conservation-and-recovery-act-rcra-and-
federal-facilities
https://www.law.comell.edu/cfr/text/40/247.1
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AJ
4.30 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
4.31 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.epo.2ov/fdsys/granule/CFR-2000=title24-vol3/CFR-2000-title24-vo13-
sec570-608-id163
4.32 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/localmlaw/nhpal966.htm
https•//www achn gov/sites/default/files/regulations/2017-02/regs-rev04.2df
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.
ittps://www.nos.gov/history/local-law/nhpal 966.htm
4.33 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 aov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4l-
chapl0-secWl
4.34 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 ceder 12549.
https•//www archives,gov/federal-register/codification/executive-order/12549.htmi
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4.35 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.
4.36 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 200.345, 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.
hgps://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200 1344&rgn=di
v8
4.37 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 gov/fdsys/granule/CFR-2009-title49-voll/CFR-2009-title49-volI-part24
4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof.
This notice is required by § 287.133 (3) (a), Florida Statutes.
httD://www.lea.state.fl.us/Statutes/index.cfm?App mode=Disolav Statute&Search Strin
g=&URL=0200-0299/0287/Sections/0287.133.htm1
4.39 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
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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,
iIII 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.
4.40 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.gi2o. o�ys/granule/USCODE-2009-title4l/IJSCODE-2009-title4l-
chap 10-sec70l/content-detail.html
4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA)
per diem rates in effect at the time of travel.
https://www.gsa.gp3 /portal/content/I04877
4.42 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.
ttps://www.ecfr.jzov/cgi-bin/text-
iv6
https://www.law.comell.edu/cfr/text/24/5.111
4.43 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 576.23 but
who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C.
5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section
330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of
the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child
Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))
https://www.federaire isg ter.gov/documents/2016/12/20/2016-30241/runaway-and-
homeless-youth
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4.44 HUD Final Rule — Implementation of the Violence Against women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual
assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which
must be applied consistent with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-
women-reauthorization-act-of-2013-implementation-in-hud-housing=pro rg ams
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leiz.state.fl.us/Statutes/index.cfin?Apr) mode=Display Statute&URL=0700-
0799/0713/0713.html
4.47 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.02 Lhtml
4.48 Florida Statutes, 119.071, Contracts and Public Records
http://www.le2,state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.49 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.
4.50 Equal Treatment of Faith -Based Organizations: By regulation, DOJ/BJA prohibits all
recipient organizations from using financial assistance fiom DOJBJA to fund explicitly
religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For
more information, see httr)s://oit).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 DOJBJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights.
4.51 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://o*p.gov/aboutlocr/pdfs/UseofConviction Advisory.pdf for more details.
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4.52 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.
4.53 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
4.54 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.
4.55 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.
4.56 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at httus://o*p.mov/funding/Explore/ProhibitedConduct-Trafficking htm,
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4.57 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.
4.58 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.
bgps://www.ecfr.2ov/c2i-
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt371
,401 &r—PART&tv=HTML
(Signature Page to Follow)
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;1
IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
!CRYSTAL K. KINZEL, CLERIC
Dated:
Deputy Clerk
(SEAL)
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
Date:
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
PENNY TAYLOR, CHAIRPERSON
Date:
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC. 1
By:
INDA OBERHAUS, CHIEF EXECUTIVE
OFFICER
Date:
Page 39
EXHIBIT A
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 requited 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 coveting all owned, non -owned and hired vehicles used in
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named as
an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insutance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this Agreement. This insurance shall be
maintained for a period of two (2) years after the Certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause
its Subcontractors to provide, original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the buildings) or sttucture(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area
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tn:' '
identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Agreement:
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage,
10. Property Insurance coverage on an "Al] 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.LM.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 structures) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
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 hrough
SECTION H: 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
Authorizing Grant Coordinator
Date
Authorizing Grant Accountant
Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000
and above)
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EXHIBIT C
Emergency Solutions Grants (ESG) Quarterly Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
1. Report Selection Criteria
Characteristics Report
1. Report Selection Criteria
Ethnici
Race
Non -
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
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
Male
Female
sin les
Unaccompanied 18 and over
Unaccompanied 17 and under
b. Number of Families with children
Male
Female
Headed b sin le 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
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4. Total projeet(s)isetsvicejsj provide d 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
childcare
h, employment
i. transitional
outreach
k. soup kitchen/meat distribution
I. health care
m. HIV/AIDS services
n. other lease list
c iv.....r..,,...t..no..ta �oN.,nd ho c..h nnnnlntinn ldnnlicaterl cmmtl:
Ja. Chronically Homeless
is Chronic Substance use alcohol and/or dru
b. Victims of Domestic
Violence
g. Severely Mentally Ill
c. Elderly
h. Runaway / throwaw youth
d. Veterans
i. Other disability (Physical and/or
Developmental)
e. Individuals with HIV/AIDS
(Chronically Homeless- HUD defrnition of a chronically homeless person is an zmaccompanied
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 !'l:nnta hnnced by shelter tune:
Barracks
Mobile Hmne/Trailer
Grou /Lar a House
Hotel/Motel
Scattered Site Apartment
Other Apartment/Complex
Single Family Detached House
Other Single -Family Duplex
Single Room Occupancy
Other
TOTAL
Fvonnd;t.n•ns fm•Ranid Rehousing
e ocatmn
and Stabilization Services - Financia Assistance
Relocation and Sta ilizahon Servrces -Services
Hazard Pay (unique activity)
andlorI I Incentrves (unique activity)
olunteer Incentives (unique activity)
raining unique activity)
ubtotal Homelessness Prevention
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8. Expenditures for Outreach
Essential Services
Hazard Pay (unique activity)
Han was mg stations/portable bathrooms (unique activity)
Volunteer Incentives (unique activity)
Training (unique activity)
Subtotal Temporary Emergency Shelter
Total ESG-CV Expenditures
I hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Date:
Your typed name here represents vom• electronic sienature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to
monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Name
First Date of Fiscal Year (MM/DD/YY)
Last Date of Fiscal Year (MM/DD/YY
Total Federal Financial Assistance Expended during
Total State Financial Assistance Expended during most
most recently completed Fiscal Year
recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has 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
El
❑ 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
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[T�fE
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
permanent housing and achieve stability in that housing, as described in 24 CFR576.104, and
B. Homelessness Prevention —prevent an individual or family from moving into an emergency
shelter or other housing that has characteristics associated with instability and/or an increased
risk of homelessness, as described in 24 CFR 576.103,
Supportive Services:
The SUBRECIPIENT must assist each program participant, as needed, to obtain:
A. Appropriate supportive services, including assistance in obtaining permanent housing, medical
health treatment, mental health treatment, counseling, supervision, and other services essential
for achieving independent living.
B. Other Federal, State, local, and private assistance available to assist the program participant in
obtaining housing stability, including:
(i.) Medicaid (42 CFR chapter IV, subchapter C)
(ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283)
(iii.) Women, Infants, and Children (WIC) (7 CFR part 246)
(iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606,
609, 614-6175 6259 640, 650)
(v.) Social Security Disability Insurance (SSDI) (20 CFR part 404)
(vi.) Supplemental Security Income (SSI) (20 CFR part 416)
(vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226);
(viii.) Other assistance available under the programs listed in 24 CFR 576.400(c)
Participation of Homeless/Formerly Homeless Individuals:
The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or
formerly homeless individuals on its board of directors or equivalent policy -making entity that
considers and makes policies and decisions regarding any facility, services, or other assistance
received through this Agreement. Further, to the maximum extent practicable, the
SUBRECIPIENT shall involve homeless individuals and families, through employment or as
volunteers, in maintaining and operating facilities, providing activities for, and providing services
to occupants of facilities assisted through this Agreement.
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Confidentiality:
A. The SUBRECIPIENT must develop and implement written procedures to ensure:
(i) All records containing personally identifying information (as defined in HUD's
standards for participation, data collection, and reporting in a local HMIS) of any
individual or family who applies for and/or receives ESG assistance will be kept secure
and confidential.
(ii) The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted under ESG will not be made public, except with written
authorization of the person responsible for the operation of the shelter.
(iii) The address or location of any housing of a program participant will not be made
public, except as provided under a pre-existing 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 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 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.
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Homelessness Prevention Assistance Evaluation
D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each
individual's or family's eligibility for ESG homelessness prevention assistance and the amount
and type 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 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 type 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
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SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non-
ESGfunds.
Leases:
The SUBRECIPIENT agrees that each program participant receiving rental assistance must have
a legally binding, written lease For the rental unit, unless the assistance is solely for rental arrears.
The lease must be between the owner and the program participant. Where the assistance is solely
for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement
gives the program participant an enforceable leasehold interest under state law and the agreement
and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or
canceled checks. For program participants living in housing with project -based rental assistance,
the lease must have an initial term of one year.
Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to
or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888,
and complies with HUD's standard of tent reasonableness, as established under 24 CFR 982.507.
However•, during the six months beginning Match 31, 2020, the FMR restriction is waived for an
individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness
Prevention assistance, under this Agreement. The SUBRECIPIENT must still ensure the units in
which ESG assistance is provided to these individuals and families meet the reasonable standard.
Case Management:
The SUBRECIPIENT must require each program participant to meet with a case manager not less
than once per month to assist the participant in ensuringlong-term housing stability; and to develop
a plan to assist the program participant to retain permanent housing after the ESG assistance ends.
The case manager must take 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.
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C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i) The program participant moves out of the housing unit for which the program
participant has a lease;
(ii) The lease terminates and is not renewed; or
(iii)The program participant becomes ineligible to receive ESG rental assistance.
D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a
participant/tenant, it will be obligated to provide rental assistance on behalf of that
participant/tenant throughout the term of the RAP, unless the COUNTY terminates this
Agreement or if any of the conditions occur that warrant termination.
Affirmative Outreach:
The SUBRECIPIENT must make known that use of the facilities, assistance, and services are
available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY
or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and
services will reach persons of any particular race, color, religion, sex, age, national origin, familial
status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must
establish additional procedures that ensure that those persons are made aware of the facilities,
assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective
communication with persons with disabilities including, but not limited to, adopting procedures
that will make available to interested persons information concerning the location of assistance,
services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and
Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure
meaningful access to programs and activities for limited English proficiency (LEP) persons.
Meaningful Access to the ESG Program far Limited English Proficient Persons:
Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English (limited English proficient
persons or LEP) may be entitled to language assistance under Title VI in order to receive a
particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of
1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable
steps to ensure meaningful access to activities for LEP persons. Any of the following actions could
constitute "reasonable steps", depending on the circumstances: acquiring translators to translate
vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with
LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering
with other organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project; hiring bilingual employees or volunteers for
outreach and intake activities; contracting with a telephone line interpreter service; etc.
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Terminating Assistance:
If a program participant violates program requirements, the SUBRECIPIENT may terminate the
assistance in accordance with a formal process established by the SUBRECIPIENT. This process
shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment
and examine all extenuating circumstances in determining when violations warrant termination so
that a program participant's assistance is terminated only in the most severe cases. Additionally,
should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the
SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal
process. To terminate rental assistance to a program participant, the required formal process, at a
minimum, must consist of:
A. Written notice to the program participant containing a clear statement of the reasons for
termination;
B. A review of the decision, in which the program participant is given the opportunity to present
written or oral objections before a person other than the person (or a subordinate of that person)
who made or approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to
the same family or individual
Housing Quality Standards:
The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into
housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c).
Lead -Based Paint Remediation and Disclosure:
The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead -
Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations
in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program
participants.
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EXHIBIT F
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards
for• Permanent Housing, as applicable:
24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use
ESG funds to help a program participant remain or move into housing that does not meet the
minimum habitability standards provided in this paragraph. The COUNTY may also establish
standards that exceed or add to these minimum standards.
(1) Sh•trcture and materials. The shelter• building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter• must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter• must
provide each program participant in the shelter with an acceptable place to sleep and adequate
space and security for themselves and their• belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior• air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination
to permit normal indoor• activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store, prepare, and serve Food in a safe and sanitary manner•.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of the
shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm
system must be designed for hearing -impaired residents. All public areas of the shelter must
have at least one working smoke detector•. There must also be a second means of exiting the
building in the event of fire or other emergency.
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i`;
EXHIBIT G
ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care
and other programs.
(a) Consadtation 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 582)
(2)
Supportive Housing Program (24 CFR part 583)
(3)
Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program
for Homeless Individuals (24 CFR part 882)
(4)
HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026
(May 6, 2008))
(5)
Education for Homeless Children and Youth Grants for State and Local Activities
(title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.)
(6)
Grants for the Benefit of Homeless Individuals (section 506 of the Public Health
Services Act (42 U.S.C. 290aa-5)
(7)
Healthcare for the Homeless (42 CFR part 51 c);
(8)
Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.))
(9)
Projects for Assistance in Transition from Homelessness (part C of title V of the
Public Health Service Act (42 U.S.C. 290cc-21 et seq.))
(10)
Services in Supportive Housing Grants (section 520A of the Public Health Service
Act)
(11)
Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331 et seq.))
(12)
Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic
Violence, Dating Violence, and Stalking Program (section 40299 of the Violent
Crime Control and Law Enforcement Act (42 U.S.C. 13975))
(13)
Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless
Veterans Comprehensive Assistance Act (38 U.S.C. 2021)
(14)
Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043)
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(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
(16) Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17) Homeless Veterans Dental Program (38 U.S.C. 2062)
(18) Supportive Services for Veteran Families Program (38 CFR part 62)
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031)
(c) System and program coordination u ith mainstream resources, The SUBRECIPIENT and
COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded
activities with mainstream housing, health, social services, employment, education, and youth
programs for which families and individuals at risk of homelessness and homeless individuals
and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under• section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant -based or project -based assistance under section
8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts
982 and 983)
(3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891)
(4) HOME Investment Partnerships Program (24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51 c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start (45 CFR chapter XIII, subchapter B)
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.)
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a
centralized assessment system or a coordinated assessment system in accordance with
requirements to be established by HUD, each ESG-funded program or project within the
Continuum of Care's area must use that assessment system. The COUNTY and
SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment,
and referral of program participants are consistent with the written standards required by
paragraph (e) of this section. A victim service provider may choose not to use the Continuum
of Care's centralized or coordinated assessment system.
(e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written
standards for providing ESG assistance, and must consistently apply those standards for all
program participants.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals' and families' eligibility
for assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
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(3) Policies and procedures for admission, diversion, referral, and discharge by
emergency shelters assisted under ESG, including standards regarding length of
stay, if any, and safeguards to meet the safety and shelter needs of special
populations, e.g., victims of domestic violence, dating violence, sexual assault, and
stalking; and individuals and families who have the highest barriers to housing and
are likely to be homeless the longest.
(4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers,
essential services providers, homelessness prevention, and rapid re -housing
assistance providers; other homeless assistance providers; and mainstream service
and housing providers (see §576.400(b) and (c) for a list of programs with which
ESG-funded activities must be coordinated and integrated to the maximum extent
practicable).
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible
families and individuals will receive rapid re -housing assistance.
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-
housing assistance.
(8) Standards for determining how long a particular program participant will be
provided with rental assistance and whether and how the amount of that assistance
will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization
and/or relocation services provided 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 may 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 services or legal services
provider, it may use a comparable database that collects client -level data over time (i.e.,
longitudinal data) and generates unduplicated aggregate reports based on the data. Information
entered into a comparable database must not be entered directly into or provided to an HMIS.
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