Backup Document 01/11/2022 Item #16D 6 (10/2021 - Hunger Homeless Coalition, Inc.) 160 b
MEMORANDUM
Date: January 19, 2022
To: Caroline Noble, Grants Coordinator
Community & Human Services (CHS)
From: Martha Vergara, Sr. Deputy Clerk
Minutes & Records Department
Re: Subrecipient Agreements for HUD Funded Activities — for Homeless
Management Information System Program (HMIS) (October 2021)
Contractor: Collier County Hunger & Homeless Coalition, Inc.
Attached for your records is an original of the referenced document above,
(Item #16D6) adopted by the Board of County Commissioners on Tuesday,
January 11, 2022.
The Board's Minutes & Records Department has kept an original as part of
the Board's Official Records.
If you have any questions, please feel free to contact me at 252-7240.
Thank you.
Attachment
FAIN# E-21-UC-12-0016
Federal Award Date October 2021
Federal Award Agency HUD
CFDA Name Emergency Solutions
Grants
CFDA/CSFA# 14.231
Total Amount of $30,462.00
Federal Funds
Awarded
Subrecipient Name Collier County Hunger&
Homeless Coalition, Inc
DUNS# 150713423
FEIN 04-3610154
R&D No
Indirect Cost Rate No
Period of Performance January 1, 2022—
September 30, 2022
Fiscal Year End 12/31
Monitor End: 12/2022
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER& HOMELESS COALITION, INC.
Homeless Management Information System Program (HMIS)
THIS AGREEMENT is made and entered into this I r day of rams
2022, by and between Collier County, a political subdivision of the State of Florida, UNTY
or Grantee) having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and
COLLIER COUNTY HUNGER& HOMELESS COALITION,INC , a private not-for-profit
corporation existing under the laws of the State of Florida, (SUBRECIPIENT)having its principal
office at 1791 Trade Center Way, Suite D,Naples, FL 34109.
WHEREAS, the COUNTY is an entitlement community of the United States Department
of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency
Solutions Grants (ESG) program in certain areas of Collier County, pursuant to the Homeless
Emergency Assistance and Rapid Transition to Housing (HEARTH)Act(24 CFR 576) amending
the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378); and
WHEREAS,pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve
the quality of life in Collier County by providing assistance for any of the following five (5)
program components: street outreach, emergency shelter, homelessness prevention, rapid re-
housing assistance, and Homeless Management Information System (HMIS); and
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WHEREAS,the Board of County Commissioners of Collier County(Board)approved the
Collier County Consolidated Plan- One-Year Action Plans for Federal Fiscal Year 2021-2022 for
the ESG Program at the June 22, 2021 Board of County Commissioners meeting, Agenda Item
16.D.7. and the Substantial Amendment date December 14, 2021, Agenda Item
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2021-2022 Annual Action Plan, on April 30, 2021, with a 30-day Citizen Comment period from
April 30, 2021 to May 31, 2021; and
WHEREAS,the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the Emergency Solutions Grants Project (ES21-05)
HMIS.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PART I
SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Community and
Human Services Division(CHS),perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grants Program — Homeless Management Information System
Project:
Project Component One: Software costs,technical support,and user licenses for the HMIS
system to maintain maximum utilization of allocated users and user licenses through
contract duration.
1. Project Tasks:
a. Maintain documentation on all households served in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
c. Required attendance by a representative of SUBRECIPIENT
Executive Management at each Partnership Meeting.
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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
the execution of this Agreement.
• Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Affirmative Action Plan
• Conflict of Interest Policy
• Procurement Policy
❑ Uniform Relocation Act Policy
® Sexual Harassment Policy
❑ Section 3 Policy
• Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
• Violence Against Women Act(VAWA) Policy
• LGBTQ Policy
• Language Assistance and Planning Policy (LAP)
C. Environmental Review Requirement (ERR) - No program costs can be incurred
until an environmental review of the proposed project is completed and approved.
Further, the SUBRECIPIENT will not undertake any activity or commit any funds
prior to receiving 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 Subrecipient Fair Housing training, except
those who attended the training in the previous year. In addition, at least one staff
member shall attend all other CHS-offered Subrecipient training, relevant to the
Project, as determined by the Grants Coordinator, not to exceed four (4) sessions.
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Requests for exemption, under this special condition, must be submitted to the
Grant Coordinator, in writing, at least 14 days,prior to the training.
E. Persons who, because 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 by LEP persons to activities funded with HOME
funds. 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.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Homeless Management Information System (HMIS)
Project shall be as follows:
Description Federal Amount ESG Match 1:1
Project Component 1: Software costs, technical support, $30,462.00
and user licenses for the HMIS system to maintain
maximum utilization of allocated users and user licenses
through contract duration.
ESG Match Requirement: Match is required for a minimum Documentation of $30,462.00
of dollar-for-dollar with each submitted pay request ESG Eligible
Matching Funds
Total Federal Funds: $30,462.00 $30,462.00
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
❑ Maintain and provide to the COUNTY, as requested, beneficiary documentation
which supports the benefit of homelessness
• Provide Quarterly Reports and project progress
• Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS.
❑ Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation.
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Identify Lead Project Manager
❑ Provide Site Design and Specifications
I I Comply with Davis-Bacon Labor Standards
Provide certified payroll weekly throughout construction and rehabilitation
Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
Ensure the applicable affordability period for the project is met
B. Program Components/Eligible Activities
All services/activities funded with ESG funds must meet one of the ESG program
components, as defined in 24 CFR 576:
• Street Outreach: Funds may cover costs related to essential services for
unsheltered persons including emergency health or mental health care,
engagement, case management, and services for special populations.
• Emergency Shelter: Funds may be used for renovation of emergency shelter
facilities and the operation of those facilities, as well as services for the residents
(including case management,child care,education,employment assistance and job
training, legal, mental health, substance abuse treatment, transportation, and
services for special populations).
• Homelessness Prevention and Rapid Re-Housing: Both components fund
housing relocation and stabilization services (including rental application fees,
security deposits, utility deposits or payments, last month's rent, and housing
search and placement activities). Housing may also be used for short or medium-
term rental assistance for those who are at-risk of becoming homeless or
transitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS
designated by the Continuum of Care for the area. Eligible activities include
(computer hardware, software or equipment, technical support, office space,
salaries of operators, staff training costs, and participation fees).
C. Project Outcome
SUBRECIPIENT will complete HMIS activities such as, HMIS software and licenses
needed for those agencies in Collier County reporting in the HMIS system. CHS may
provide equipment to be used for the facilitation of the HMIS program.
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D. 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 Project Schedule N/A
Project Plans and Site Plans and Specifications N/A
Specifications
Subcontractor Log Subcontractor Log N/A
Quarterly Progress Exhibit C—Quarterly Report Quarterly, within 10 days after
Report the end of the quarter(even if
zero). Final report due 60 days
after Agreement ends.
Section 3 Report Quarterly reports on new hire N/A
information
Annual Audit Monitoring Exhibit D Annually, within 60 days after
Report FY end
Financial and Audit, Management Letter, and Nine (9) months for Single Audit
Compliance Audit Supporting Documentation OR one hundred and eighty
(180) days after FY end.
Program Income Reuse Plan Approved by the N/A
Plan COUNTY
E. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission
Schedule
Project Component 1: Exhibit B with proof of payment as Monthly by the 30th
Software costs, technical evidenced by vendor invoice, of the month
support, and user licenses for cancelled checks or bank statements, following the month
the HMIS system to maintain and any other documents that may be of service or
maximum utilization of requested. following payment
allocated users and user of software or other
licenses through contract related costs.
duration.
ESG Match Exhibit B-1 along with supporting Monthly match
Match documentation as requested submission dollar-
for-dollar by the 30th
of the month
following the month
of service
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1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall start on January 1, 2022 and end on September 30, 2022
(Term of Agreement). The SUBRECIPIENT services/activities shall be undertaken and
completed considering 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 THIRTY THOUSAND FOUR HUNDRED
SIXTY-TWO DOLLARS AND ZERO CENTS ($30,462.00) for use by
SUBRECIPIENT, during the Term of the Agreement (hereinafter, referred to as the
"Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between project components shall not exceed 10 percent or signify a
change in scope. Fund shifts that exceed 10 percent of a project shall only be made with
Board approval.
All services/activities specified in Part 1 Scope of Services shall be performed by
SUBRECIPIENT employees or put out to competitive bidding under a procedure
acceptable to the COUNTY and meets Federal requirements. The SUBRECIPIENT shall
enter into a contract for improvements with the lowest, responsive, and qualified bidder as
further set forth in Section 3.13 of this Agreement. 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 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 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.
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Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the Agreement 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, including timely submission of
Performance Deliverables contained in Section 1.2.D.Late submission of deliverables may
cause payment suspension of any open pay requests until required deliverables are received
by CHS. Payment will be made upon receipt of a properly completed invoice and in
compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local
Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT are governed by the Federal grant 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 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 SUBRECIPIENT 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 may impose requirements upon the Developer to
remain compliant with the COUNTY's 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, 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
Collier County Government
Community and Human Services Division
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3339 E Tamiami Trail, Suite 213
Naples, Florida 34112
Email: Carolyn.Noble(aiicolliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT ATTENTION: Michael Overway, Executive Director
Collier County Hunger& Homeless Coalition, Inc
PO Box 9202, 1791 Trade Center Way, Suite D
Naples, FL 34109
Email: executivedirector(aiollierhomelesscoalition.org
Telephone: (239) 263-9363
Remainder of Page Intentionally Left Blank
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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 for
review, inspection, or audit all records, documentation, and any other data relating to all
matters covered by the Agreement.
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 have 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
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
verify compliance with the requirements of this Agreement,the ESG Program,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 to perform the service.
C. SUBRECIPIENT shall make available, at any time upon request by the COUNTY
or CHS, all reports, plans, surveys, information, documents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for the purpose of this Agreement. 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
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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 maintain all documents and records
in an orderly fashion in a readily accessible, permanent, and secured location for
five(5)years after the date of submission of the annual performance and evaluation
report, as prescribed in 24 CFR 92.508(c). However, if any litigation, claim, or
audit is started before the expiration date of the five(5)year period,the records will
be maintained until all litigation, claim, or audit findings involving these records
are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement,
it shall notify the COUNTY in writing of the address where the records are to be
kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all
requirements for retaining public records and transfer, at no cost to COUNTY, all
public records in possession of 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 SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS
AT 239-252-6832, Michael.Cox@colliercountyfl.gov, 3299 Tamiami Trail E,
Naples FL 34112.
E. SUBRECIPIENT shall document how it has complied with the Program
Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s)
under which funding has been received. These include special requirements such
as necessary and appropriate determinations,as defined in 24 CFR 576.100;income
certification; and written agreements with beneficiaries, where applicable.
F. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the 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 200.336 and 2 CFR
200.337.
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2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an
Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPIENT's
fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit
report,Management Letter,and supporting documentation 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. 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 in an attempt to mitigate
fraud, waste, abuse, or non-performance based on goals and performance standards as
stated, with all other applicable laws, regulations, and policies governing the funds
provided under this Agreement, further defined by 2 CFR 200.332. 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
necessary to prevent, detect, and correct incidents of fraud, waste, and abuse in the
performance of this Agreement, and 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 are to be clearly documented and
readily available for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and
agents for the purpose of monitoring or investigating the performance of the Agreement.
SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and
prevent 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
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failure to
implement or to make acceptable progress on such corrective action plans.
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:
1. Initial noncompliance may result in the COUNTY issuing Findings or Concerns
to the SUBRECIPIENT, which requires SUBRECIPIENT to submit a
corrective action 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 to be returned
to the COUNTY.
• CHS may require upwards of 5 percent of the award amount be returned to
the COUNTY, at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228.
3. If the SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of its substantial
noncompliance by certified mail, CHS may require a portion of the awarded
grant amount or the amount of the ESG investment for acquisition of the
properties conveyed,to be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount to be returned
to the COUNTY, at the discretion of the Board.
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• 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 for immediate termination
of 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 properties or
other activities.
• The SUBRECIPIENT 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 REPORTS
Reimbursement, as deemed necessary by the County Manager or designee, may be
contingent upon the timely receipt of complete and accurate reports required by this
Agreement, and the resolution of identified monitoring findings.
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, the
SUBRECIPIENT 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 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.
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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
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning
the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, State, and Local laws, regulations, and policies governing the funds provided
under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under
this Agreement to supplement rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall 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
from 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
Board. Such amendments shall not invalidate this Agreement, nor relieve or release the
COUNTY or SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may,at its discretion,amend this Agreement to conform with Federal,State,
or Local guidelines, policies, available funding amounts, or 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.
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3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD ESG grant funds,which must
be implemented in full compliance with all of HUD's rules and regulations and any
agreement between COUNTY and HUD governing ESG funds pertaining to this
Agreement. In the event of curtailment or non-production of said federal funds, the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of
the funds will not be available. In that event,the COUNTY may terminate this Agreement,
which shall be effective as of the date that it is determined by the County Manager or
designee, in his or her sole discretion and judgment,that the funds are no longer available.
In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor
seek to, hold the COUNTY nor any individual member of the County Commissioners
and/or County Administration, personally liable for the performance of this Agreement,
and the COUNTY shall be released from any further liability to SUBRECIPIENT under
the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless Collier County, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including,but not limited to,reasonable attorneys' and paralegals' fees,to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of
SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons,
guests, clients, licensees, invitees, or any persons acting under the direction, control, or
supervision of the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge, or reduce any other
rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any
nature whatsoever in connection therewith and shall defend all suits in the name of the
COUNTY and shall pay all costs (including attorney's fees) and judgments which may
issue thereon. This Indemnification shall survive the termination and/or expiration of this
Agreement. This section does not pertain to any incident arising from the sole negligence
of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28,Florida Statutes. This Section shall
survive the expiration or termination of this Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
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
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COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team,
as well as Equal Housing Opportunity to the general public. Construction signs shall
comply with applicable COUNTY codes.
3.8 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.340,this Agreement may 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. This
Agreement may also be terminated by the COUNTY if the award no longer effectuates the
program goals or grantor agency 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
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. SUBRECIPIENT's submission to the COUNTY of reports 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
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may
seek any combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
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B. Require the use of, or change in,professional property management
C. Require SUBRECIPIENT to immediately repay 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 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.
3.9 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds as referenced in 1.1.1.A (Project
Description/Budget) of this Agreement and pursuant to 24 CFR 576.201. Matching funds
shall be provided after the grant award date. Funds used to match a previous ESG grant
may not be used to match a subsequent grant award. SUBRECIPIENT may comply with
its requirement by providing the matching funds from any source, including any Federal
source other than the ESG program, as well as State, Local, and private sources. The
SUBRECIPIENT must ensure the laws governing any other federal funds used, do not
prohibit those funds from being used to match ESG funds. To meet the matching
requirement, the matching contributions must comply with all requirements that apply to
the ESG funds provided by HUD, as required by 24 CFR 576.201(c). Matching
contributions may be in the form of the following:
1. Cash contributions
2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), to include
the value of any real property, equipment, goods, or services contributed to the
SUBRECIPIENT's ESG program,provided that if the SUBRECIPIENT had to pay for
them with grant funds, the costs would have been allowable. Non-cash contributions
may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or any lease, using a
method reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates
consistent with those ordinarily paid for similar work in the SUBRECIPIENT's
organization. If the SUBRECIPIENT does not have employees performing
similar work, the rates must be consistent with those ordinarily paid by other
employers for similar work in the same labor market.
3. Costs paid by Program Income shall count toward meeting the SUBRECIPIENT's
matching requirements, provided the costs are eligible ESG costs that supplement the
ESG program.
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3.10 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.
3.11 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, and in addition to any and all other
remedies available to the COUNTY(whether under this Agreement,or at law or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at that
time, as well as any accounts receivable attributable to the use of ESG funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any
portion of the funds the COUNTY may deem necessary. Regulations regarding real
property and equipment are subject to 2 CFR 200.311.
3.12 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 constantly during SUBRECIPIENTS's performance under
the Agreement.
3.13 ADMINISTRATIVE REQUIREMENTS
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),and the Federal
regulations for the Emergency Solutions Grant. (24 CFR 576 et seq.)
3.14 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at 2 CFR 200.318
through 200.327 and Collier County's Procurement Ordinance #2017-08, as amended.
Current purchasing thresholds are:
Range: Competition Required
$0 - $50,000 3 Written Quotes
$50,001+ Formal Solicitation (ITB, RFP, etc.)
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In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall procure, acquire, or use goods,products or materials produced in the United States.
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 2 CFR 200.323.
All improvements specified in Part I Scope of Work shall be performed by
SUBRECIPIENT employees, or put out to competitive bidding, under a procedure
acceptable to the COUNTY and Federal requirements. SUBRECIPIENT shall enter into
contracts for improvements with the lowest, responsible, and qualified bidder. 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.
3.15 PROGRAM-GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use
of ESG funds disbursed under this Agreement,it shall be used by the SUBRECIPIENT for
an eligible ESG activity approved by the COUNTY. Any Program Income (as defined
under applicable Federal regulations) gained from any SUBRECIPIENT activity
subsidized by ESG funds shall be reported to the COUNTY through an annual Program
Income Re-use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in
compliance with 2 CFR 200.307 and 24 CFR 576.201. When Program Income is
generated by an activity that is only partially subsidized by ESG funds, the income
shall be prorated to reflect the percentage of ESG funds used. If there is a program
income balance at the end of the Program Year,such balance shall revert to the COUNTY's
ESG Program for further reallocation.
3.16 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. Activities during this closeout period shall include but are not
limited to, making final payments; disposing of program assets (including the return of all
unused materials, equipment, program income balances, and receivable accounts to the
COUNTY); and determining the custodianship of records. In addition to the records
retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021,
Florida Statutes regarding records maintenance, preservation, and retention. A conflict
between State and Federal 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 which have been advanced or paid must be returned to the
COUNTY. Any funds paid exceeding the amount to which the SUBRECIPIENT is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY.
SUBRECIPIENT shall also produce records and information that comply with Section
215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with
2 CFR 200.343, and ensure all federal grant requirements have been completed.
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3.17 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 regulations at 24 CFR Part
135 require that to the greatest extent feasible, employment and economic opportunities
must be directed to low- and very low-income residents of the area; and contracts for work
in connection with the project be awarded to business concerns that provide economic
opportunities for low- and very low-income persons residing in the metropolitan area (as
defined in 42 U.S.C. 5302(a)) in which the project is located.
To the maximum extent practicable, the SUBRECIPIENT shall involve homeless
individuals and families in constructing, renovating, maintaining, and operating facilities
assisted under ESG; providing services assisted under ESG; and 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,and 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.
3.18 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 female business enterprises in lieu of an
independent investigation.
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3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action
Program, pursuant to the COUNTY's specifications, in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The
SUBRECIPIENT shall submit its Affirmative Action Program for CHS approval, prior to
the award of funds. If the Affirmative Action Program is updated during this Agreement's
period of performance,the updated plan must be submitted to the COUNTY within 60 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 direct or indirect
personal financial interest in the Project areas or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement. SUBRECIPIENT also
covenants that it shall not employ or contract any person having any conflict of interest.
The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404
"Conflict of Interest;" 2 CFR 200.318, Florida Statute 287.057; and any additional State
and County statutes,regulations, ordinances, or resolutions governing conflicts of interest.
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 EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet
minimum safety, sanitation, and privacy standards, as required by 24 CFR 576.403(b).
3.22 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the
minimum habitability standards provided in 24 CFR 576.403(c) and all applicable State
and Local housing codes, licensing requirements, and any other requirements in the
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jurisdiction in which the housing is located regarding the condition of the structure and the
operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its compliance with the requirements of 24 CFR
576.400 for consulting with the Continuum of Care. It must also coordinate and integrate
ESG assistance with programs targeted toward homeless people, mainstream services, and
assistance programs (Exhibit F).
3.24 HOMELESS PARTICIPATION
SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
3.25 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
SUBRECIPIENT must retain documentation evidencing the use of written intake
procedures for the centralized or coordinated assessment system(s) developed by the
Continuum of Care, in accordance with the requirements established by HUD and
identified in 24 CFR 576.500(g).
3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Section 24 CFR 576.406.
The SUBRECIPIENT shall comply with First Amendment Church/State principles as
follows:
A. It will not discriminate against any employee or applicant for employment 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 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 that it does not use direct ESG funds to support
any inherently religious activities, such as worship, religious instruction, or
proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of
structures 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
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to eligible activities in accordance with ESG cost accounting requirements.
Sanctuaries, chapels, or other rooms that an ESG funded religious congregation
uses as its principal place of worship, however, are ineligible for ESG funded
improvements.
3.27 INCIDENT REPORTING
If services to clients are provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report to the COUNTY any knowledge or reasonable suspicion of
abuse, neglect, or exploitation of a child, aged person, or disabled person.
3.28 SEVERABILITY
Should any provision of this Agreement be determined unenforceable or invalid, such
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.ecfr.gov/cgi-bin/text-
idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
https://www.hudexchange.info/resource/2184/housing-and-community-development-hcd-
act-of-1974/
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order
11063 which prohibits discrimination and promotes equal opportunity in housing.
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr,sid=dc4c2f 93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
https://www.eeoc.gov/laws/statutes/titlevii.cfm
4.8 24 CFR 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
75, and all applicable rules and orders issued hereunder prior to the execution of this
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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.ecfr.gov/current/title-24/subtitle-A/part-75?toc=1
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 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.
http://radresource.net/doc out.cfm?id=Sec3Guide
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https://www.ecfr.govicurrent/title-24/subtitle-A/part-75?toc=1
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
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https://www.law.cornell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107:https://www.archives.gov/federal-register/codification/executive-order/12107.html
12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Equal access in accordance with the individual's gender identity in community planning
and development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614
Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.html
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://www.thwa.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-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
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Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in
federally assisted projects.
https://www.presidency.ucsb.edu/ws/index.php?pid=23 675
4.16 As a supplement to the Davis-Bacon Act requirements, the SUBRECIPIENT agrees to
comply with the"Copeland Anti-Kickback Act,"which prohibits the SUBRECIPIENT,its
contractors, or subcontractors from inducing an employee to relinquish any part of his/her
compensation, under the federally-funded contract.
18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-
title 18/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section2 76c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses
in Community Development Block Grant Contracts.
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https://www.archives.gov/federal-register/codification/executive-order/11625.html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
576.407, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 576.407:
https://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr,sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
1.1.3.8;idno=24;cc=ecfr
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF
https://www,justice.gov/crt/fair-housing-act-1
Executive Order 11063 —Equal Opportunity in Housing
https://www.archives.gov/federal-register/codification/executive-order/11063.html
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives.gov/federal-register/codification/executive-order/1225 9.html
24 CFR Part 107 -Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
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4.21 2 CFR 200 et seq- Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.22 2 CFR 216—Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending
loan or grant funds to: 1) procure or obtain funds; 2) extend or renew a contract to procure
or obtain; or 3) enter into an 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 critical technology as
part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/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-
https://sp 16.bcc.colliergov.net/sites/HumanResources/Shared%20Documents/County-
Practices-and-Procedures-
(CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud.pdf
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).
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
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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.govinfo.gov/content/pkg/USCODE-2010-title42/html/USCODE-
2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/content/pkg/USCODE-2011-tit1e33/pdf/USCODE-
2011-title33-chap26.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-rcra-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.
https://www.gpo.gov/fdsys/granule/CFR-2000-title24-vo13/CFR-2000-title24-vo13-
sec570-608-id163
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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/local-law/nhpa1966.htm
https://www.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State or Local historic property list.
https://www.nps.gov/history/local-law/nhpa1966.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/USCODE-2009-title41/USCODE-2009-title41-
chap10-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 order 12549.
https://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 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 200.344, if this Agreement is closed
out prior to the receipt of an audit report, the COUNTY reserves the right to recover any
disallowed costs identified in an audit after such closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5 a78addeff19a5 3 5 e83 fed3 0103 08aef&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
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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-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.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&S earch_Strin
g=&URL=0200-0299/0287/Sections/0287.133.html
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).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-
chap 10-sec701/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.gov/portal/content/104877
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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/text-
idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn=div6
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 576.2, but
who are defined under Section 387(3)of the Runaway and Homeless Youth Act(42 U.S.C.
5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section
330(h)(5)(A) of the Public Health Service Act(42 U.S.C. 254b(h)(5)(A)), Section 3(m) of
the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child
Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))
https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-
homeless-youth
4.44 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.federalregi ster.gov/documents/2016/11/16/2016-25 8 8 8/vio lence-against-
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 Statute 448.095 Employment Eligibility.Per Florida Statute 448.095(3),all Florida
private employers are required to verify employment eligibility for all new hires beginning
January 1, 2021. Eligibility determination is not required for continuing employees hired
prior to January 1, 2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.47 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.48 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
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4.49 Florida Statutes, 119.071, Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.50 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.
4.51 Equal Treatment of Faith-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://oip.gov/about/ocr/partnerships.htm. Discrimination based on
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 HUD funds while taking into account religion when hiring staff
Questions in this regard should be directed to the Office for Civil Rights.
4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. The
SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen
applicants for employment or employees for retention or promotion that may have a
disparate impact based on race or national origin, resulting in unlawful employment
discrimination unless use is otherwise specifically authorized by law.
See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details.
4.53 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.
4.54 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
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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
4.55 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.
4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD
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 HUD and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
4.57 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at
https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
4.58 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 Office of Justice Program(OJP).
4.59 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment, or performance of
experimental, developmental, or research work under this funding agreement, the
SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," and any implementing
regulations issued by HUD.
https://www.ecfr.gov/cgi-
bin/retrieveECFR?gp=&S ID=a004b6bf2093 4ace7a717de761 do 64c0&mc=true&n=pt3 7.1
.401&r=PART&ty=HTML
Signature Page to Follow
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IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY,have each,respectively, by
an authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF CO 4► '•MMISSIONERS OF
CRYSTAL:£.-Kit ZE ., CLERK COLLIER , FLORI
LAI . By: am• •
-puty 1 ji
Attest as to Chinn Wi/iam L. McDaniel, Jr., Chairman
Sign tt yll
Date: � a\),
COLLIER COUNTY HUNGER& HOMELESS •
Dated: 2Z_ COALITION, INC.
(SE ) r"
By:
ALEX E fH I , BOARD PRESIDENT
Date:
Approved as to form and legality:
Jennr r A. Belpe io C et:
Assistant County Attorney 50\`
Date: \\ ` ( a
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440, Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit
for combined Bodily Injury and Property Damage. Collier County shall be named as an
additional insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than$1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this contract. This insurance shall be maintained
for a period of two (2)years after the Certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 —4 above, the SUBRECIPEINT shall provide or cause
its Subcontractors to provide original certificates indicating the following types of insurance
coverage prior to any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less
than one hundred (100%) percent of the insurable value of the building(s) or structure(s).
The policy shall be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area
identified by the Federal Emergency Management Agency(FEMA)as having special flood
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hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be
kept in force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440, Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in
the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned,non-owned and hired vehicles used in
connection with this contract in an amount not less than$1,000,000 combined single limit
for combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A(As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: Collier County Hunger&Homeless Coalition,Inc.
SUBRECIPIENT Address: 1791 Trade Center Way, Suite D,Naples,FL 34109
Project Name: HMIS
Project No: ES21-05 Payment Request#
Total Payment Minus Retainage
Period of Availability: through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3. Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $15,000 and Division Director(Approval Required
above) $15,000 and above)
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Exhibit B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: Collier County Hunger&Homeless Coalition, Inc
Subrecipient Address: 1791 Trade Center Way,PO Box 9202,Naples,FL 34101
Project Name: HMIS
Project No: ES21-05 Match Request#
Match Amount Request Today: $0.00
SECTION I: STATUS OF FUNDS
1. Total Match Amount per Agreement $0.00
2. Total Amount of Previous Match Submitted(Insert $0.00
Amount)
3. Total Match Amount Awarded Per Agreement Less $0.00
Total Amount of Previous Match Submitted
4. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance(Match per Agreement less the Sum of $0.00
All Match Submitted)
I certifi,that this request for payment/match has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and
belief all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Division Director
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EXHIBIT C
Emergency Solutions Grants (ESG)HMIS
Quarterly Performance Report
Report Period:
Fiscal Year:
Agreement Number: ES21-05
Subrecipient: Collier County Hunger&Homeless Coalition, Inc
Program/s: ESG HMIS
Contact Name: Michael OverwayBonnie Seargeant
Contact Telephone Number: 239-263-9363
Report Criteria for ALL users: Quarter YTD
1. Number of current licensed users:
2. Number of new users this quarter:
3. Number of Training Sessions Provided:
4. Number of Technical Assistance Calls:
5. Number of current Agencies:
6. Number of Agencies set up this quarter:
7. Number of new projects set up by Administrator by type:
Quarter YTD
Shelter Operations
Rapid Re-housing
Coordinated Assessment
Transitional Housing
Emergency Shelter
Outreach
Homelessness Prevention
Permanent Housing
Other: (describe):
Other: (describe):
I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
Collier County Hunger&Homeless Coalition
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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 the 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 Collier County Hunger and Homeless Coalition, Inc.
Name
First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY)
1/1/2022 12/31/2022
Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most
during 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
n 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:
El Did not exceed the expenditure threshold for the fiscal year indicated above
n ❑ Are a for-profit organization
❑ Are exempt for other reasons — explain
An audited financial statement is attached and if applicable, the independent auditor's management
letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is included
separate from the written response provided within the audit report. While we understand that the audit
❑ report contains a written response to the finding(s), we are requesting an updated status of the corrective
action(s) being taken. Please do not provide just a copy of the written response from your audit report,
unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be
implemented.
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
Collier County Hunger&Homeless Coalition
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EXHIBIT E
HMIS COMPONENT
The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general
restrictions, as applicable:
24 CFR 576.107: HMIS component. The SUBRECIPIENT may use ESG funds as follows:
(a)Eligible costs.
(1)The SUBRECIPIENT may use ESG funds to pay the costs of contributing data to the
HMIS designated by the Continuum of Care for the area, including the costs for:
(i) Purchasing or leasing computer hardware
(ii) Purchasing software or software licenses
(iii) Purchasing or leasing equipment, including telephones, fax machines, and
furniture
(iv) Obtaining technical support
(v) Leasing office space
(vi) Paying charges for electricity, gas, water, phone service, and high-speed data
transmission necessary to operate or contribute data to the HMIS
(vii) Paying salaries for operating HMIS, including:
(A) Completing data entry
(B) Monitoring and reviewing data quality
(C) Completing data analysis
(D) Reporting to the HMIS Lead
(F) Training staff on using the HMIS or comparable database; and
(G) Implementing and complying with HMIS requirements
(viii) Paying staff travel costs to attend HUD-sponsored and HUD-approved
training on HMIS and programs authorized by Title IV of the McKinney-
Vento Homeless Assistance Act
(ix) Paying staff travel costs to conduct intake
(x) Paying participation fees charged by the HMIS Lead, if the SUBRECIPENT is
not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum
of Care to operate the area's HMIS.
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(2) If the SUBRECIPIENT is the HMIS lead agency, as designated by the Continuum of
Care in the most recent fiscal year Continuum of Care Homeless Assistance Grants
Competition, it may also use ESG funds to pay the costs for:
(i) Hosting and maintaining HMIS software or data
(ii) Backing up, recovering, or repairing HMIS software or data
(iii) Upgrading, customizing, and enhancing the HMIS
(iv) Integrating and warehousing data, including development of a data warehouse
for use in aggregating data from subrecipients using multiple software systems
(v)Administering the system
(vi) Reporting to providers,the Continuum of Care, and HUD
(vii) Conducting training on using the system or a comparable database, including
traveling to the training
(3) If the SUBRECIPIENT is a victim services provider or a legal services provider, it
may use ESG funds to establish and operate a comparable database that collects client-
level data over time (i.e., longitudinal data) and generates unduplicated aggregate
reports based on the data. Information entered into a comparable database must not be
entered directly into or provided to an HMIS.
(b) General restrictions. Activities funded under this section must comply with HUD's
standards on participation, data collection, and reporting under a local HMIS.
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EXHIBIT F
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care
and other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult
with the Continuum of Care to determine how to allocate ESG funds each program year;
develop the performance standards for, and evaluate the outcomes of, projects and activities
assisted by ESG funds; and develop funding, policies, and procedures for the administration
and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY
must coordinate and integrate,to the maximum extent practicable,ESG-funded activities with
other programs targeted to homeless people in the area covered by the Continuum of Care or
area over which the services are coordinated to provide a strategic, community-wide system
to prevent and end homelessness for that area. These programs include:
(1) Shelter Plus Care Program(24 CFR part 582)
(2) Supportive Housing Program (24 CFR part 583)
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program
for Homeless Individuals (24 CFR part 882)
(4) HUD-Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II,
Consolidated Appropriations Act,2008,Pub.L. 110-161 (2007), 73 FR 25026(May
6, 2008))
(5) Education for Homeless Children and Youth Grants for State and Local Activities
(title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et
seq.))
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health
Services Act(42 U.S.C. 290aa-5);
(7) Healthcare for the Homeless (42 CFR part 51c);
(8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.))
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the
Public Health Service Act(42 U.S.C. 290cc-21 et seq.))
(10) Services in Supportive Housing Grants (section 520A of the Public Health Service
Act)
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11331 et seq.))
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic
Violence, Dating Violence, and Stalking Program (section 40299 of the Violent
Crime Control and Law Enforcement Act (42 U.S.C. 13975))
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless
Veterans Comprehensive Assistance Act (38 U.S.C. 2021)
(14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043)
(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
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(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 51c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start(45 CFR chapter XIII, subchapter B)
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.)
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a
centralized or coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's
area must use that assessment system. The COUNTY and SUBRECIPIENT must work with
the Continuum of Care to ensure the screening, assessment, and referral of program
participants are consistent with the written standards required by paragraph(e)of this section.
A victim service provider may choose not to use the Continuum of Care's centralized or
coordinated assessment system.
(e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written
standards for providing ESG assistance and must consistently apply those standards for all
program participants.
At a minimum these written standards must include:
(1) Standard policies and procedures for evaluating individuals'and families'eligibility
for assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
(3) Policies and procedures for admission, diversion, referral, and discharge by
emergency shelters assisted under ESG, including standards regarding length of
stay, if any, and safeguards to meet the safety and shelter needs of special
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populations, e.g.,victims of domestic violence, dating violence, sexual assault, and
stalking; and individuals and families who have the highest barriers to housing and
are likely to be homeless the longest.
(4) Policies and procedures for assessing,prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5) Policies and procedures for coordination among emergency shelter providers,
essential services providers, homelessness prevention, and rapid re-housing
assistance providers; other homeless assistance providers; and mainstream service
and housing providers (see §576.400(b) and (c) for a list of programs with which
ESG-funded activities must be coordinated and integrated to the maximum extent
practicable).
(6) Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible
families and individuals will receive rapid re-housing assistance.
(7) Standards for determining what percentage or amount of rent and utilities costs each
program participant must pay while receiving homelessness prevention or rapid re-
housing assistance.
(8) Standards for determining how long a particular program participant will be
provided with rental assistance and whether and how the amount of that assistance
will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization
and/or relocation services to provide to a program participant, including the limits,
if any, on the homelessness prevention or rapid re-housing assistance that each
program participant may receive, such as the maximum amount of assistance,
maximum number of months the program participant received assistance, or the
maximum number of times the program participant may receive assistance.
(f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and
all activities assisted under ESG are entered into the applicable community wide HMIS or a
comparable database, in accordance with HUD's standards on participation, data collection,
and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a
legal services provider it may use a comparable database that collects client-level data over
time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data.
Information entered into a comparable database must not be entered directly into or provided
to an HMIS.
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