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Backup Documents 05/10/2022 Item #11BORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lie TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excentinn of the r'hairt 'c 6—t..r A ., a 1;. +1,. ..1. .. 1:., - 441 .0 _L — - - - - - - ---- ------ Route to Addressees (List in routing order) .. - ---- -- - •. - ........ ...... — Office — 11— Lv l..l. li V Lly Initials L—L—Y 1 111LiG. Date 1. Jennessee Delgado Community and Human J D 05/05/2022 Services 2. County Attorney Office County Attorney Office D 1 $'zSIL.L 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees ahnve may n—d to —tart ctaff ffr a` Ait;.,.,.,1 — . ;, ; .,C .....+:,... Name of Primary Staff Jennessee Delgado, Grants Coordinator, Phone Number 239-252-1421 Contact / De artment Community and Human Services Agenda Date Item was May 10, 2022 (BCC Meeting date) Agenda Item Number 16.D.1. M6 Approved by the BCC 1 , Type of Document AGREEMENT EN LLIER Number of Original 3 Attached COUNTY AW NAMI COL ER Documents Attached A4lego6ier kqk COUNTY, RW4C. ERA-1 T12I P�.(G4 its' J PO number or account number if document is N/A C p to be recorded L M Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? JD 2. Does the document need to be sent to another agency for additional signatures? If yes, JD provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JD signed by the Chairman, with the exception of most letters, must be reviewed and signed bv the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's JD Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JD document or the final negotiated contract date whichever is applicable 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JD signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JD should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during Q the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. Q'o1 9. Initials of attorney verifying that the attached document is the version approved by the Q BCC, all changes directed by the BCC have been made, and the document is ready for the ` Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Instructions lie 1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to: Jennessee Delgado Grants Coordinator Collier County Government I Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Ila MEMORANDUM Date: May 27, 2021 To: Jennessee Delgado — Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and NAMI Collier County (EAR-1) Attached for your records are two (2) copies of the document as referenced above, (Item #11B/16D1) adopted by the Board of County Commissioners on Tuesday, May 24, 2022. An original is being held by the Minutes & Records Department for the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment Ito FAIN # ERA0334 Federal Award Date January 20, 2021 Federal Award Agency Department of Treasury CFDA Name Emergency Rental Assistance Program CFDA/CSFA# 21.023 Total Amount of Federal Funds Awarded $500,000.00 SUBRECIPIENT Name NAMI Collier County, Inc. UEI# EB 16AJ87TRS5 FEIN 65-0047747 R&D No Indirect Cost Rate No Period of Performance March 1, 2022 — September 30, 2022 Fiscal Year End 6/30 Monitor End: 12/22 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI COLLIER COUNTY, INC. (NAMI) Emergency Rental Assistance-1 Program (CARES) THIS AGREEMENT is made and entered into this 1f� day of M&V 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and NAMI COLLIER COUNTY, INC., (SUBRECIPIENT), having its principal office at 6216 Trail Blvd., Building C, Naples, FL 34108. WHEREAS, Congress passed the Coronavirus Aid Relief, and Economic Security Act (CARES Act) (Pub L. No. 116-136 {March 27, 2020), which was signed into law on March 27, 2020; and WHEREAS, the COUNTY has entered into an Agreement with the Unitied States Department of Treasury (Treasury) for a grant to execute and implement the Emergency Rental Assistance (ERA) program pursuant to Section 501 (d) of the Consolidated Appropriations Act, 2021; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impacts of the COVID-19 outbreak; and WHEREAS, SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the Emergency Rental Assistance (ERA) project. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 1 G &is NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ERA funding, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: Project Name: ERA 1 Housing Assistance and Relocation Description of project and outcome: Subrecipient will provide assistance and funding in obtaining suitable housing for residents that are unable to pay rent and utilities to better assist in the prevention, preparation, and response for those residents that have been temporarily or permanently displaced from their primary residence due to the COVID-19 pandemic. Priority will be given to households that include an individual who has been unemployed for the 90-day period preceding the date of application, and households with income at or below 50 percent of the area median income (AMI). Project Component One: Housing Support and Relocation Assistance including, but not limited to, hotel fees, housing stability fees, court fees, first and last month's rent, monthly ongoing rental payments, security deposits, property damage fees, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or paying the current lease. Project Component Two: Housing Team Leader, Program and Contract Manager, Chief Financial Officer, and/or Supportive Housing Specialist Salaries and Benefits. Project Tasks: a. Provide housing support and relocation services for individuals in Collier County. b. Submit monthly request for payment, as provided in the Exhibit B. c. Submit monthly progress report, as provided in the Exhibit C. d. Housing location and support services (salaries). 2. ERA Documentation Requirements Compliance Criteria: Activities carried out with Funds provided under this Agreement will contribute to a program designed to determine elegibility: a. The household income is at or below 80 percent of area median income (AMI); NAMI COLLIER COUNTY, INC. (NAMI) ERA l 22-0 l ERA Housing Relocation Page 2 CAO lie b. One or more individuals in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the coronavirus outbreak; and c. One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability. 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Reloation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Housing Assistance and Relocation $450,000.00 Services including but not limited to hotel fees, housing stability fees, court fees, first and last month's rent, monthly ongoing rental payments, security deposits, property damage, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or paying the current lease. NAM[ COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERA Housing Relocation Page 3 lie Project Component 2: Housing Team Leader, Program and $50,000.00 Contract Manager, Chief Financial Officer, and/or Supportive Housing Specialist Salaries and Benefits. Total Federal Funds: $500,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location Provide Monthly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement Agreement execution Insurance Insurance Certificate (Exhibit A) Within 30 days of Agreement execution and Annually within thi 30 days of renewal Detailed Project Schedule N/A N/A Monthly Progress Report Exhibit C Monthly, by the 10' of the month following the month of service Annual Audit Monitoring Exhibit D Annually, within 60 days of Report Agreement execution Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Exhibit D FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan N/A N/A C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Housing Exhibit B along with proof of rent Monthly, by the 10th Relocation and Assistance payment and hotel payments, court fees, of the month Services including, but not as evidenced by cancelled checks, following the month limited to, hotel fees, housing properly completed bank statements, and of service stability fees, court fees, first and utility bills. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA 1 Ilousing Relocation Page 4 118 last month's rent, monthly ongoing rental payments, security deposits, property damage, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or paying the current lease. Project Component 2: Housing Exhibit B along with properly completed, Monthly, by the 10'h Team Leader, Program and timesheets, payroll, banking, staffjob of the month Contract Manager, and Chief descriptions ( first pay request only) and following the month Financial Officer, and/or any additional documents as requested. of service Supportive Housing Specialits Salaries and Benefits. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on March 01, 2022, retroactively in accordance with ERA and shall end on September 30, 2022 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(l)(d) Florida Statutes, and Section 5001 of the Coronavirus Aid Relief, and Economic Security Act, SUBRECIPIENT may expend Funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate on September 30, 2022, whereupon all obligations of SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its right to recover any damages arising from or relating the SUBRECIPIENT'S breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS and ZERO CENTS ($500,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible under Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, and further outlined is US Treasury Guidance. The ERA requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to provide financial assistance and housing stability services to: A. Households with income at or below 80 percent of AMI; B. One or more individuals in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or experienced NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 5 lie other financial hardship during or due, directly or indirectly, to the coronavirus outbreak; and C. One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability. Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 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 ERA 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. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from March 01, 2022 through September 30, 2022. Invoices for work performed are required every month. If no work has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than thirty (30) days after the end of the Agreement. Work performed during the term of the program but not invoiced within thirty (30) 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 any and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ERA. However, the COUNTY'S provisional determination that an expenditure is eligible does not relieve SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to 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 this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. 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 in NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA 1 Housing Relocation Page 6 110 2 CFR 200.318-200.327. Allowable costs incurred by SUBRECIPIENT and its Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document 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:Jennessee Delgado, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: jennessee.delgado@colliercountyfl.gov Telephone: (239) 252-1421 SUBRECIPIENT ATTENTION: Pamela Baker, Program and Contract Manager NAMI Collier County, Inc. 6216 Trail Boulevard, Building C Naples, Florida 34108 Email: pbaker@namicollier.org Telephone: (239) 260-7303 Remainder of Page Intentionally Left Blank NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERA I Housing Relocation Page 7 its PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after receipt of the report. SUBRECIPIENT'S Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with Section 501(c), 2 CFR 200.333 and § 119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ERA Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ERA regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT'S Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 EPA Housing Relocation Page 8 aU� Ila submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. 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 the 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. 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, and/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 239-252-68329 Michael.Coxna colliercountyfl.Qov, 3299 Tamiami Trail E, Naples FL 34112. 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 and/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. G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of SUBRECIPIENT'S good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management NAM[ COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERAI Housing Relocation Page 9 118 Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after 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. SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or nonperformance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the SUBRECIPIENT'S and its contractors' actions pertaining to this Agreement. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT'S receipt of Funds from the COUNTY, SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received NAMI COLLIER COUN'rY, INC. (NAMI) ERA 1 22-01 ERA 1 Housing Relocation Page 10 118 from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or other program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Project Description/Project Budget for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 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: Initial noncompliance may result in CHS issuing Findings or Concerns to the SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, to be returned to the COUNTY. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 11 lie CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS 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 considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit monthly expenditure reports and quarterly progress reports to the COUNTY on the 1 Oth day of each month, for the prior month and quarter, respectively. SUBRECIPIENT shall submit quarterly progress reports (Exhibit C) to the COUNTY on the 1 Oth day of January, April, July, and October, for the prior quarter period end. As part of the report submitted at the end of the project, SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example quarterly reporting form to be used in fulfillment of the quarterly reporting requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. SUBRECIPIENT agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this agreement, including but not limited to: (i) reporting of information used by Treasuryy to comply with the public reporting obligations under Section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relied, and Economic Security Act (Pub. L. No. 116-136, as amended by NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERAI Housing Relocation Page 12 118 Section 801 of Division O of the Consolidated Appropriation Act, 2021 (Pub. L. No. 116-260). SUBRECIPIENT acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. SUBRECIPIENT agrees to establish data privacy and security requirements as required by Section 501(g)(4). Remainder of Page Intentionally Left Blank NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA1 Housing Relocation Page 13 118 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. Any assignee shall be bound by all the terms of this Agreement and assigned documents. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of the ERA Section 501 Consolidated Appropriations Act, Pub. L. No. 116-260 (Dec. 27, 2020) and Treasury interpretive guidance regarding such requirements. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, including the requirement to follow the Federal procurement process. 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. 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 COUNTY'S 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, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 14 r^� (...t11 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP lie TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines # 1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routine lines # 1 through #2. complete the checklist_ and forward to the County Attnmpv nffoP Route to Addressees (List in routing order) Office Initials Date 1. Jennessee Delgado Community and Human JD 05/05/2022 Services 2. County Attorney Office County Attorney Office 3. BCC Office Board of County Commissioners 4. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above, may need to contact staff for additional or missing information. Name of Primary Staff Jennessee Delgado, Grants Coordinator, Phone Number 239-252-1421 Contact / De artment Community and Human Services Agenda Date Item was May 10, 2022 (BCC Meeting date) Agenda Item Number 16.13.1. M60ED Approved by the BCC Type of Document AGREEMENT EN LLIER Number of Original 3 Attached COUNTY A NAMI COL ER Documents Attached leff" A COUNTY, WC. ERA-1 1 i2I Pt,l G41�' J PO number or account number if document is N/A 01 U3 �� to be recorded M — INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Does the document require the chairman's original signature? JD 2. Does the document need to be sent to another agency for additional signatures? If yes, JD provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JD signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike -through and revisions have been initialed by the County Attorney's JD Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JD document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JD signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip JD should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during D the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. o�1 9. Initials of attorney verifying that the attached document is the version approved by the ^ D BCC, all changes directed by the BCC have been made, and the document is ready for the `J 1 Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Instructions Ito 1) There are three (3) original Contracts. Please return two (2) Chairman signed Contracts to: Jennessee Delgado Grants Coordinator Collier County Government I Community and Human Services 3339 E. Tamiami Trail, Bldg. H, Suite 211 Naples, FL 34112 I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 11/30/12 Ila MEMORANDUM Date: May 27, 2021 To: Jennessee Delgado — Grants Coordinator Community & Human Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Agreement between Collier County and NAMI Collier County (EAR-1) Attached for your records are two (2) copies of the document as referenced above, (Item #11B/16D1) adopted by the Board of County Commissioners on Tuesday, May 24, 2022. An original is being held by the Minutes & Records Department for the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment Ito FAIN # ERA0334 Federal Award Date Janua 20, 2021 Federal Award Agency Department of Treasury] CFDA Name Emergency Rental Assistance Program CFDA/CSFA# 21.023 Total Amount of Federal Funds Awarded $500,000.00 SUBRECIPIENT Name NAMI Collier County, Inc. UEI# EB 16AJ87TRS5 FEIN 65-0047747 R&D No Indirect Cost Rate No Period of Performance March 1, 2022 — September 30, 2022 j] Fiscal Year End 6/30 Monitor End: 12/22 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI COLLIER COUNTY, INC. (NAMI) Emergency Rental Assistance-1 Program (CARES) THIS AGREEMENT is made and entered into this day of 2022, by and between Collier County, a political subdivision of the State of Florida, (COUNT ) having its principal address at 3339 E Tamiami Trail, Naples FL 34112, and NAMI COLLIER COUNTY, INC., (SUBRECIPIENT), having its principal office at 6216 Trail Blvd., Building C, Naples, FL 34108. WHEREAS, Congress passed the Coronavirus Aid Relief, and Economic Security Act (CARES Act) (Pub L. No. 116-136 {March 27, 2020), which was signed into law on March 27, 2020; and WHEREAS, the COUNTY has entered into an Agreement with the Unitied States Department of Treasury (Treasury) for a grant to execute and implement the Emergency Rental Assistance (ERA) program pursuant to Section 501 (d) of the Consolidated Appropriations Act, 2021; and WHEREAS, pursuant to the aforesaid agreement, the COUNTY is undertaking certain activities to assist the community in navigating the impacts of the COVID-19 outbreak; and WHEREAS, SUBRECIPIENT has applied for and, based on the information provided by the SUBRECIPIENT, is qualified to receive Program funding; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking of the Emergency Rental Assistance (ERA) project. NAMI COLLIER COUNTY, INC. (NAMI) ERA I 22-01 Page 1 ERA Housing Relocation & is NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good and valuable consideration, the Parties hereby agree that the COUNTY will provide a Grant to SUBRECIPIENT upon and subject to all general conditions, terms, covenants, and agreements herein set forth. PART I SCOPE OF WORK SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ERA funding, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: Project Name: ERA Housing Assistance and Relocation Description of project and outcome: Subrecipient will provide assistance and funding in obtaining suitable housing for residents that are unable to pay rent and utilities to better assist in the prevention, preparation, and response for those residents that have been temporarily or permanently displaced from their primary residence due to the COVID-19 pandemic. Priority will be given to households that include an individual who has been unemployed for the 90-day period preceding the date of application, and households with income at or below 50 percent of the area median income (AMI). Project Component One: Housing Support and Relocation Assistance including, but not limited to, hotel fees, housing stability fees, court fees, first and last month's rent, monthly ongoing rental payments, security deposits, property damage fees, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or paying the current lease. Project Component Two: Housing Team Leader, Program and Contract Manager, Chief Financial Officer, and/or Supportive Housing Specialist Salaries and Benefits. 1. Project Tasks: a. Provide housing support and relocation services for individuals in Collier County. b. Submit monthly request for payment, as provided in the Exhibit B. c. Submit monthly progress report, as provided in the Exhibit C. d. Housing location and support services (salaries). 2. ERA Documentation Requirements Compliance Criteria: Activities carried out with Funds provided under this Agreement will contribute to a program designed to determine elegibility: a. The household income is at or below 80 percent of area median income (AMI); NAMI COLLIER COUNTY, INC. (NAMI) ERAI 22-01 Page 2 ERA Housing Relocation its b. One or more individuals in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, to the coronavirus outbreak; and c. One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability. 1.1 GRANT AND SPECIAL CONDITIONS Performance under this Agreement is subject to 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The obligation of the COUNTY to make the Grant is subject to the following conditions precedent. A. Within sixty (60) calendar days of the execution of this Agreement, SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following checked policies must be submitted within sixty (60) days of execution of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/ Equal Opportunity Policy ® Conflict of Interest Policy ❑ Procurement Policy ❑ Uniform Reloation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Annual SUBRECIPIENT Training — All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend all CHS-offered Subrecipient training, relevant to the Project, as determined by the Grant Coordinator, not to exceed three (3) sessions. 1.2 PROJECT DETAILS A. Project Description/Project Budget Description Federal Amount Project Component 1: Housing Assistance and Relocation $450,000.00 Services including but not limited to hotel fees, housing stability fees, court fees, first and last month's rent, monthly ongoing rental payments, security deposits, property damage, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or paying the current lease. NAMI COLLIER COUNTY, INC. (NAMI) ERA I 22-01 Page 3 ERA Housing Relocation i �� 118 Project Component 2: Housing Team Leader, Program and $50,000.00 Contract Manager, Chief Financial Officer, and/or Supportive Housing Specialist Salaries and Benefits. Total Federal Funds: $500,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ® Maintain and provide to the COUNTY, as requested, beneficiary and/or income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Monthly project progress reports ® Ensure attendance by a representative from executive management at scheduled partnership meetings, as requested by CHS ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation B. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policies as stated in this Within sixty (60) days of Section 1.1 Agreement A reement execution Insurance Insurance Certificate (Exhibit A) Within 30 days of Agreement execution and Annually within thirty 30 days of renewal Detailed Project Schedule N/A N/A Monthly Progress Report Exhibit C Monthly, by the 10' of the month following the month of service Annual Audit Monitoring Exhibit D Annually, within 60 days of Report A reement execution Financial and Compliance Audit Audit, Management Letter, and Annually: nine (9) months after Exhibit D FY end for Single Audit OR one hundred eighty (180) days after FY end Program Income Reuse Plan N/A N/A C. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Housing Exhibit B along with proof of rent Monthly, by the 10`h Relocation and Assistance payment and hotel payments, court fees, of the month Services including, but not as evidenced by cancelled checks, following the month limited to, hotel fees, housing properly completed bank statements, and of service stability fees, court fees, first and utility bills. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 EPA I lousing Relocation Page 4 last month's rent, monthly ongoing rental payments, security deposits, property damage, parking fees, application fees, pet fees, utility deposits or payments, or any other fees associated with obtaining a new lease agreement or payin the current lease. Project Component 2: Housing Exhibit B along with properly completed, Monthly, by the I0`h Team Leader, Program and timesheets, payroll, banking, staff job of the month Contract Manager, and Chief descriptions ( first pay request only) and following the month Financial Officer, and/or any additional documents as requested. of service Supportive Housing Specialits Salaries and Benefits. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on March 01, 2022, retroactively in accordance with ERA and shall end on September 30, 2022 unless terminated earlier, in accordance with provisions of Paragraph 3.9, Defaults, Remedies, and Termination. In accordance with 2 CFR 200 Subpart E — Cost Principles and Section 215.97(I)(d) Florida Statutes, and Section 5001 of the Coronavirus Aid Relief, and Economic Security Act, SUBRECIPIENT may expend Funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specific agreement period. If SUBRECIPIENT complies with all requirements set forth herein, this Agreement shall terminate on September 30, 2022, whereupon all obligations of SUBRECIPIENT for repayment of funds shall cease. Notwithstanding the foregoing, the COUNTY expressly reserves and does not waive its right to recover any damages arising from or relating the SUBRECIPIENT'S breach of any of the Grant Documents, including but not limited to this Agreement and/or any attachments hereto which occurred in whole or in part before said termination. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS and ZERO CENTS ($500,000.00) for use by SUBRECIPIENT during the term of the Agreement (hereinafter, shall be referred to as the Funds). SUBRECIPIENT may use Funds only for expenses eligible under Section 5001 of the Coronavirus Aid, Relief, and Economic Security Act, and further outlined is US Treasury Guidance. The ERA requires that Funds from the Coronavirus Local Fiscal Recovery Fund only be used to provide financial assistance and housing stability services to: A. Households with income at or below 80 percent of AMI; B. One or more individuals in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or experienced NAMI COLLIER COUNTY, INC. (NAMI) ERA l 22-01 ERAI Housing Rclocation Page 5 01 J 118 other financial hardship during or due, directly or indirectly, to the coronavirus outbreak; and C. One or more individuals in the household can demonstrate a risk of experiencing homelessness or housing instability. Modification to the Budget and Scope may only be made if approved in advance. Budgeted fund shifts among line items shall not be more than 10 percent of the total funding amount and shall not signify a change in scope. Fund shifts that exceed 10 percent of the Agreement amount shall only be made with Board of County Commissioners (Board) approval. 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 ERA 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. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred from March 01, 2022 through September 30, 2022. Invoices for work performed are required every month. If no work has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT, when requested, as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than thirty (30) days after the end of the Agreement. Work performed during the term of the program but not invoiced within thirty (30) 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 any and all applicable Local, State, or Federal requirements. Reimbursements will only be made for expenditures that the COUNTY provisionally determines are eligible under the ERA. However, the COUNTY'S provisional determination that an expenditure is eligible does not relieve SUBRECIPIENT of its duty to repay the COUNTY for any expenditures that are later determined by the COUNTY or Federal government to be ineligible. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to 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 this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. 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 in NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 6 0 lie 2 CFR 200.318-200.327. Allowable costs incurred by SUBRECIPIENT and its Contractors shall comply with 2 CFR Subpart E-Cost Principles. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, or sent by facsimile or other electronic means. Either party may change the address to which notices are to be sent to it by giving written notice of such change to the other parting in the manner herein provided for giving notice. Any notice, request, instruction, or other document 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:Jennessee Delgado, Grant Coordinator Collier County Community and Human Services Division 3339 E Tamiami Trail, Suite 213 Naples, Florida 34112 Email: jennessee.delgado@colliercountyfl.gov Telephone: (239) 252-1421 SUBRECIPIENT ATTENTION: Pamela Baker, Program and Contract Manager NAMI Collier County, Inc. 6216 Trail Boulevard, Building C Naples, Florida 34108 Email: pbaker@namicollier.org Telephone: (239) 260-7303 Remainder of Page Intentionally Left Blank NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERAI Housing Relocation Page 7 lie PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit, all records, documentation, and any other data relating to all matters covered by the Agreement. SUBRECIPIENT must clear any deficiencies noted in audit reports must within 30 days after receipt of the report. SUBRECIPIENT'S Failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records, in accordance with Section 501(c), 2 CFR 200,333 and §119.021, Florida Statutes, to determine compliance with the requirements of this Agreement, the ERA Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ERA regulations. B. SUBRECIPIENT agrees to execute such further documents as may be required by law or prepared by the COUNTY to confirm SUBRECIPIENT'S Agreement. C. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by the COUNTY in order to perform the service. D. SUBRECIPIENT shall make available to the COUNTY or CHS, at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of Funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. E. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent, and secured location for five (5) years after the date of NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERA Housing Relocation Page 8 lie submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. 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 the 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. 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, and/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 239-252-68329 Michael.Coxna,colliercountyfl.2ov, 3299 Tamiami Trail E, Naples FL 34112. 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 and/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. G. Notwithstanding any provision in the Grant Documents to the contrary, SUBRECIPIENT agrees that the failure or delay by the COUNTY in giving any notice or statement hereunder or under any other Grant Document, or any inaccuracy therein or incompleteness thereof, shall not in any way alter or affect the absolute and unconditional obligation of SUBRECIPIENT to pay and perform, in full, the obligations set forth hereunder, but any action taken or not taken by SUBRECIPIENT as a direct result of such lack or delay of notice, or of SUBRECIPIENT'S good faith reliance upon a material inaccuracy therein or the material incompleteness thereof, as the case may be, shall not in and of itself, and to the extent thereof, constitute an Event of Default hereunder, so long as the SUBRECIPIENT does not otherwise have or receive notice or knowledge of the material contents or substance of such notice, or of the intended substance of any inaccurate or incomplete notice, as the case may be, and SUBRECIPIENT acts, at all times, in good faith. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit E) no later than 60 days after SUBRECIPIENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERA Housing Relocation Page 9 I I B Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after 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. SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or the Treasury to enable CHS to evaluate said progress and allow for completion of required reports. SUBRECIPIENT shall allow CHS or the Treasury to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or the Treasury. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or nonperformance, based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance, as determined by CHS, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable period after being notified by CHS, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide the Treasury Office of Inspector General, the Government Accountability Office, the Florida Auditor General, the COUNTY, or the COUNTY'S internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT'S internal control systems and all transactions and other significant events shall be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY'S efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBREICIPIENT acknowledges that 31 USC Chapter 38, Administrative Remedies for False Claims and Statements, applies to the SUBRECIPIENT'S and its contractors' actions pertaining to this Agreement. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or any law or regulation to COUNTY, or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 DUPLICATION OF BENEFITS In consideration of SUBRECIPIENT'S receipt of Funds from the COUNTY, SUBRECIPIENT hereby assigns to the COUNTY all of its future rights to reimbursement and all payments received NAMI COLLIER COUNTY, INC. (NAMI) ERA1 22-01 Page 10 ERA Housing Relocation 118 from any grant, subsidized loan, or insurance policies of any type or coverage, or any reimbursement or relief program related to or administered by the Federal Emergency Management Agency, the Small Business Administration, or other program to the extent that proceeds paid to SUBRECIPIENT under this Agreement, and determined in the sole discretion of the COUNTY to be a Duplication of Benefits (DOB). This shall be defined as financial assistance available to the SUBRECIPIENT that can be used to pay the costs described under Project Description/Project Budget for the scope of work described in this Agreement that are to be paid for by this grant. SUBRECIPIENT agrees to immediately notify the COUNTY upon receiving any proceeds from other relief or loan programs for this scope of work, which were not already described in the grant application. If some or all the proceeds are determined to be a DOB, the DOB portion shall be paid to the COUNTY forthwith. 2.6 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: Initial noncompliance may result in CHS issuing Findings or Concerns to the SUBRECIPIENT, which will require SUBRECIPIENT to submit a corrective action plan to the COUNTY within 15 days following issuance of the report. • Any pay requests that have been submitted to the COUNTY for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to SUBRECIPIENT, as needed, in order to correct the noncompliance issue. If SUBRECIPIENT fails to submit the corrective action plan to the COUNTY in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228. 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance by certified mail, the COUNTY may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, to be returned to the COUNTY. NAMI COLLIER COUNTY, rNC. (NAMI) ERA 1 22-01 ERA1 Housing Relocation Page 11 CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. + The SUBRECIPIENT will be considered in violation of Resolution No. 2013-228. 4. If after repeated notification SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend termination of the Agreement or award. • CHS will make a recommendation to the Board to immediately terminate the Agreement. SUBRECIPIENT will be required to repay all funds disbursed by CHS 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 considered in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with the COUNTY, and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.7 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit monthly expenditure reports and quarterly progress reports to the COUNTY on the 1 Oth day of each month, for the prior month and quarter, respectively. SUBRECIPIENT shall submit quarterly progress reports (Exhibit C) to the COUNTY on the 1 Oth day of January, April, July, and October, for the prior quarter period end. As part of the report submitted at the end of the project, SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains an example quarterly reporting form to be used in fulfillment of the quarterly reporting requirement. Other reporting requirements may be required by the County Manager or designee if the Program changes, the need for additional information or documentation arises, and/or if 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. SUBRECIPIENT agrees to comply with any reporting obligations established by Treasury, including the Treasury Office of Inspector General, as relates to this agreement, including but not limited to: (i) reporting of information used by Treasuryy to comply with the public reporting obligations under Section 501(g) and (ii) any reporting to Treasury and the Pandemic Response Accountability Committee that may be required pursuant to section 15011(b)(2) of Division B of the Coronavirus Aid, Relied, and Economic Security Act (Pub. L. No. 116-136, as amended by NAMI COLLIER COUNTY, INC. (NAMI) ERAI 22-0I Page 12 ERAI Housing Relocation Ito Section 801 of Division O of the Consolidated Appropriation Act, 2021 (Pub. L. No. 116-260). SUBRECIPIENT acknowledges that any such information required to be reported pursuant to this section may be publicly disclosed. SUBRECIPIENT agrees to establish data privacy and security requirements as required by Section 501(g)(4). Remainder of Page Intentionally Left Blank NAMI COLLIER COUNTY, INC. (NAMI) ERAI 22-01 ERAI Housing Relocation Page 13 Ito 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. Any assignee shall be bound by all the terms of this Agreement and assigned documents. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of the ERA Section 501 Consolidated Appropriations Act, Pub. L. No. 116-260 (Dec. 27, 2020) and Treasury interpretive guidance regarding such requirements. SUBRECIPIENT also agrees to comply with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, including the requirement to follow the Federal procurement process. 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. 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 COUNTY'S 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, in its discretion, amend this Agreement to conform with Federal, State, or Local governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment, signed by both COUNTY and SUBRECIPIENT. No modification or waiver of any provision of the Grant Documents, nor consent to any departure by SUBRECIPIENT therefrom shall in any event be effective unless the same shall be in writing, and such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No failure or delay on the part of the COUNTY in exercising any right, power, or privilege hereunder or under the Grant Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-0I Page 14 ERAI Housing Relocation .o\ lie 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from Department of Treasury ERA 1 grant funds, and must be implemented in full compliance with all of Department of Treasury rules and regulations and any agreement between COUNTY and the Department of Treasury governing ERA funds pertaining to this Agreement. In the event of curtailment or non -production of said Federal Funds, or the reduction of Funds awarded by the Department of Treasury to COUNTY, to a level determined by the County Manager to be insufficient to adequately administer the project, the financial sources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination, 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. SUBRECIPIENT shall use the Grant proceeds solely for necessary expenditures incurred due to the COVID-19 public health emergency, and that the proceeds of the Grant will not be loaned, granted, or assigned to any party and shall in no event be used for any purpose prohibited by the Grant Documents or Regulations. No Grant proceeds may be used for the purchase of property or construction of existing property. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of 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. 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 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 of termination of this Agreement. 3.7 GRANTEE 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 SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: NAMI COLLIER COUNTY, INC. (NAMI) ERA I 22-01 Page 15 ERAI Housing Relocation i I "FINANCED IN PART BY U.S. DEPARTMENT OF TREASURY AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, to the general public. Any publications produced with Funds from this award must display the following language: "This project (is being) (was) supported in whole or in part, by Federal award number ERA0334 awarded to Collier County by the U.S. Department of the Treasury." 3.8 DEBARMENT AND SUSPENSION 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 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 OMB Guidelines to Agencies on governmentwide Debarment and Suspension (nonprocurement), 2 CFR Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 CFR Part 180, subpart B) that the award is subject to 2 CFR Part 180 and Treasury's implementing regulation at 31 CFR Part 19. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, 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 if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill in a timely and proper manner its obligations under this Agreement. C. Ineffective or improper use of funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERAI Housing Relocation Page 16 lie E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other Agreement between the COUNTY and SUBRECIPIENT relating to the project. H. Assignment of this Agreement or any money advanced hereunder or any interest herein. I. Any representation or warranty made herein or in any report, certificate, financial statement, or other instrument furnished in connection with this Agreement or the Grant shall prove to be false in any material respect. J. Failure to cure an adverse material condition, which occurs in the financial condition of SUBRECIPIENT, within thirty (30) days from the date written is sent by the COUNTY. In the event of any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part. B. Require SUBRECIPIENT to immediately repay to the COUNTY all Grant Funds received under this Agreement, as set forth in Section 6.2. C. Apply sanctions, if determined by the COUNTY to be applicable. D. Stop all payments until identified deficiencies are corrected. E. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS In the event of a termination 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 property on hand and any accounts receivable attributable to the use of Treasury funds, per 2 CFR 200.313. The COUNTY'S receipt of any Funds on hand at the time of termination shall not waive the COUNTY'S right (nor excuse SUBRECIPIENT'S obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 17 C-111)) 118 insurance shall be carried continually during SUBRECIPIENT'S performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, and Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq.). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 2 CFR.327) and/or Collier County's Procurement Ordinance #2017-08, as amended, as outlined below. The current purchasing thresholds are: Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier Coun Procurement Standards: Range: Com etition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation ITB, RFP, etc. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. 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. 3.14 PROGRAM GENERATED INCOME No Program Income is anticipated. In the event Program Income is derived from the use of Treasury Funds disbursed under this Agreement, such Program Income shall be utilized by SUBRECIPIENT for ERA -eligible activities, approved by COUNTY. Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ERA Funds shall be reported to the COUNTY through an annual Program Income Reuse Plan, utilized by SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307. When Program Income is generated by an activity that is only partially assisted with ERA Funds, NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 EPA Housing Relocation Page 18 116 the income shall be prorated to reflect the percentage of ERA Funds used. If there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY'S ERA program, for further reallocation. Purchase of Equipment: Equipment under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with ERA Funds shall be used to navigate the impact of the COVID- 19 outbreak, during the term of this Agreement. If the purchase of the asset was consistent with the limitations on the eligible use of Funds provided by section 501(d) of the Coronavirus Aid, Relief, and Economic Security Act (CARES), SUBRECIPIENT may retain the asset. If such assets are disposed of prior to September 30, 2022, the proceeds would be subject to the restrictions on the eligible use of payments from the Funds provided by section 501(d) of the CARES Act. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT'S obligation to the COUNTY shall not end until all closeout requirements are completed. SUBRECIPIENT may close out the project with the COUNTY after the closeout monitoring has been 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 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, SUBRECIPIENT shall comply with Section 119.021, Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated Funds that have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount SUBRECIPIENT is entitled to under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE 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, lower -income residents of the project areas shall be given opportunities for training and employment, and eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN OWNED BUSINESS ENTERPRISES SUBRECIPIENT will use its best efforts to afford small businesses, 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 that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERAI Housing Relocation Page 19 118 group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 AFFIRMATIVE ACTION SUBRECIPIENT agrees that it shall be committed to carrying 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. Prior to the award of Funds, SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval. The Affirmative Action must be updated throughout the continued use period and must be submitted to the COUNTY within 30 days of update/modification. 3.19 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement, and SUBRECIPIENT shall not employ or subcontract any person having any conflict of interest. SUBRECIPIENT covenants that it will comply with all Conflict of Interest provisions of 2 CFR 200.318(c), and the 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 at the COUNTY'S sole discretion. This provision is not intended to limit SUBRECIPIENT'S ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate - income residents of the project target area. 3.20 DEBTS OWED THE FEDERAL GOVERNMENT a. Any Funds paid to SUBRECIPIENT (1) in excess of the amount to which SUBRECIPIENT is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused shall constitute a debt to the Federal government. b. Any debts determined to be owed the Federal government must be paid promptly by SUBRECIPIENT. A debt is delinquent if it has not been paid by the date specified in the Treasury's initial written demand for payment unless other satisfactory arrangements have been made. Interest, penalties, and administrative charges shall be charged on delinquent debts in accordance with 31 U.S.0 3717 and 31 CFR 901.9. Treasury will refer any debt that is NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 20 11® more than 180 days delinquent to Treasury's Bureau of the Fiscal Service for debt collection services. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or such other higher rate as authorized by law. Administrative charges, that is, the costs of processing and handling a delinquent debt, shall be determined by the Treasury. 3.21 DISCLAIMER a. The United States expressly disclaims any and all responsibility or liability to SUBRECIPIENT or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by SUBRECPIENT does not in any way constitute an agency relationship between the United States and Recipient. 3.22 PROTECTIONS FOR WHISTLEBLOWERS In accordance with 41 U.S.0 4712, SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee as a reprisal for disclosing information to any of the list of persons or entities provided below that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal Funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; and/or vii. A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. SUBRECIPIENT shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. d. BY" ANTI -LOBBYING AMENDMEMNT Each tier certifies that the tier above it will not and has not used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of federal funds, as covered by 31 USC 1352, as more fully described in Section 4.47 of this Agreement. Contractors who apply or bid for an award of $100,000 or more shall file the required certification. e. RELIGIOUS ORGANIZATIONS ERA Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Executive Order 13279, dated December 12, NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERAI Housing Relocation Page 21 lib 2002, as amended. 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 it does not use direct ERA Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ERA Funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ERA Funds in this part. Sanctuaries, chapels, or other rooms that an ERA funded religious congregation uses as its principal place of worship, however, are ineligible for ERA funded improvements. f. INCIDENT REPORTING If SUBRECIPIENT provides services to clients under this Agreement, SUBRECIPIENT and any subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled person. g. SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. h. MISCELLANEOUS The SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information on the Project it furnished to the COUNTY are accurate and complete, and financial disclosures fairly represent the SUBRECIPIENT'S financial position. SUBRECIPIENT certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agrement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 22 CAS 118 All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement with the COUNTY, the Regulations, all applicable federal, state, and municipal laws, ordinances, regulations, orders, and guidelines, including but not limited to any applicable regulations issued by the Treasury. Electronic Signatures. This Agreement, ancillary to this Agreement, and related documents entered into in connection with this Agreement are signed when a parry's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. Remainder of Page Intentionally Left Blank NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERA l Housing Relocation Page 23 0(80 I 18 PART IV GENERAL PROVISIONS 4.1 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. littps://www.ecfr.aov/cgi-bin/text-idx?tpl=/ecfrbrowse/TitleO2/2cft-200 main 02tpl 4.2 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Receipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.3 2 CFR 200, Appendix XII - RECIPIENT Integrity and Performance Matters is hereby incorporated by reference. https://www.ecfr.Liov/cLirreiit/title-2/subtitle-A/chapter-I I/part-200/appendix Appendix%20X11%2Oto%20Part%20200 4.4 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act, prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status or disability. https://ww-Nv.liud.gov/sites/docui-nents/DOC-7771.PDF https://www.justice.izov/crt/fair-housing-act-I Executive Order 11063 — Equal Opportunity in Housing littps://www.archives.gov/federal- register/codification/executive-order/I 1063 html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/12259 htmI 4.5 https:Hww-w.dol.ttov/agencies/wlid/laws-and-ref>ulations/laws/dbra Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.ncbi.nlm.nih.gov/pubmed/I2289709 4.6 Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968, as amended and Treasury's implementing regulations at 31 CFR Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance. https://www.hud.gov/programdescription/title6 https://www.ecfr.aov/atrrent/title-3 I /subtitle-A/part-22 4.7 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 NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA 1 Housing Relocation Page 24 Ito with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.aov/agencies/ofccp/executive-order-11246/as-amended EO 11375 and 12086: see item #8 below 4.8 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. Title VII of the Civil Rights Act of 196L U.S. Equal Employment Opportunity Commission (eeoc.jzov 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 and Treasury's implementing regulations at 31 CFR Part 23, which prohibits discrimination on the basis of age. Age Discrimination Act of 1975 https://www, law.comel1.edu/uscode/text/42/chapter-76 11246:littps://www.dol.jzov/ofccp/regs/statLites/eol 1246.hti-n 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive-order/11478 html 12107: https://www.archives.€Jov/federal-register/codification/executive-order/12107 html 12086: https://www.archives.gov/federal-register/codification/executive-order/12086 html 31 CFR Part 23: https://www.ecfr.gov/current/title-31/subtitle-A/part-23 4.10 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), prohibits discrimination on the basis of disability. Section 504: https://www.epa,gov/ocr 29 USC 776: https:Hlaw.onecle.com/uscode/29/776.html 4.11 The Americans with Disabilities Act of 1990: Public Law 101-336, 42 U.S.C. Section 12101 et seq., which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments. http://Iibrary.clerk.liotise.gov/reference-files/PPL 101 336 AmericansWithDisabilities.pdf https://www.law.cornell.edu/uscode/text/42/121 01 4.12 Immigration Reform and Control Act of 1986 https://www.eeoc.,izov/eeocAiistoia/35th/thelaw/irca.htmi 4.13 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 1 l2, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.coin/law/state/floridaJstatutes/Florida statutes chapter 112 part iii Collier County- http://www.colliergov.net/home/showdocument?id=35137 NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 25 Ito 4.14 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. 4.15 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). 4.16 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.17 The SUBRECIPIENT agrees to comply with all applicable standards and agrees to report each violation for the following: a. Clean Air Act, 41 USC 7401, et seq. https://www.u_ovinfo.gov/content/pkt;/USCODE- 2010-title42/html/USCODE-2010-title42-chap85 htm https://www.law.comelI.edu/uscode/text/42/cligpter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www..izoviilfo.gov/content/pkg/USCODE-201 1-title33/pdf/USCODE-20 l 1-title33- chap26.pdf https://www.law,comeII.edu/uscode/text/33/chapter-26 NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 26 Ito 4.18 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.I~ov/fdsys/granule/USCODE-2009 title4l/USCODE 2009 title4l chapl0 sec701 4.19 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. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https:Huscode.house.gov/view.xhtmI?req=vlranuleid:USC- 1999 title40 section276a 7&n um=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:Hwxvw.law.comeIl 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) hqps://www.law.comell.edLi/cfr/text/29/part-5 4.20 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/pk,p/USCODE-2010-titlel8/pdf/USCODE-2010- titlel8.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granLileid•USC-1999-title40- section276c& n um=0&edition=1999 4.21 The SUBRECIPIENT agrees to comply with the Compliance with the Contract Work Hours and Safety Standards Act, as contained in 29 CFR 5.5, including overtime requirements, liability for unpaid wages, withholding of unpaid wages and responsibility for compliance by subcontractors. https:/htiwNv.ecfr.go%/cgi-bin/text-idx?&node=pt24 4 5#se24 15_1500 4.22 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 2 CFR 200.213. These regulations restrict awards, subawards and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible to [participate in Frderal assistance programs and activities. A contract award must not be made to parties listed in the SDAM Exclusions. SAM Exclusions id the list maintained by the General Services Administration that NAM] COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 27 lie contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well asw parties declared ineligible under statutory or regulatory authority other than Executice Order 12549. SAM Exclusions can be accessed at www.sain.gov. 2 CFR 200.213 Suspension and debarment https://www.eefr.gov/cgi- bin/retrieveECFR?gp=&SID=c3a97c97ac42f9c05af52a7ea2f3d005&mc=true&n=pt21 200&r=P ART&ty=HTM L#se2.1.200 1213 https://www.archives.gov/federal-register/codification/executive-order/12549 htmI Reporting Subaward and Executive Compensation Information, 2 CFR Part 170, pursuant to which the award term set forth in 2 CFR Part 170, Appendix A is hereby incorporated by reference. 4.23 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. 4.24 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=5a78addefff'9a535e83fed3010308aef&mc=true&node=se2.1.200_ 1344&rgn=div8 4.25 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.cfin?App mode=Display Statute&Search Stringy—&UR L=0200-0299/0287/Sections/0287.133.htm1 4.26 New Restrictions on Lobbying — 31 CFR Part 21 are applicable. https://www.ecfr.gov/current/title-31 /subtitle-A/part-21 No Federal 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 NAMI COLLIER COUNTY, INC. (NAM[) ERA 1 22-01 ERA1 Housing Relocation Page 28 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. 4.27 Any rule or regulation determined to be applicable by the Treasury. 4.28 Florida Statutes 119.021 Records Retention Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us) 4.29 Florida Statutes 112.061 Travel, using approved state travel voucher Florida Statutes 112.061 — Per diem and travel expenses of public officers employees and authorized persons: statewide travel management system n LawServer 4.30 Florida Statutes, 119.071, Contracts and Public Records http://www.le%state.fl.Lls/Statutes/iildex.cfm?App mode=Display Statute&URL=0100- 0199/01 19/Sections/0119.071. htm 4.31 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. 4.32 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/aboLit/ocr/pdfs/UseofConviction Advisoa.pdf for more details. 4.33 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 NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 29 I I B 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. https://www.law.comell.edii/tiscode/text/31/1352 4.34 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 - Statements or entries generally I U.S. Code J US Law I L11 / Legal Information Institute (cornell.edu) Beneficiaries are subject to this False Claims Act that include the following: 31 U.S.C. 3729 - False claims - Document in Context - USCODE-2010-title3l-stibtitletll-chap37-subchanlIl-sec3729 (govinfo gov) 31 U.S. Code § 3729 - False claims I U.S. Code L US Law 1 LII / Legal Information Institute (cornell.edu) 4.35 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. 4.36 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), the Treasury 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 the Treasury and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.37 Increasing Seat Belt Use in the United States: Pursuant to Executive Order 13043, 62 FR 19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles. 4.38 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 NAMI COLLIER COUNTY, INC. (NAMI) ERA 122-01 ERAI Housing Relocation Page 30 11e SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://oip:;ov/fundin-g/Explore/ProhibitedCoilduct-Traffickina.htm. 4.39 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.40 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 the Treasury. https://www.ecfr. ovg /cgi- bin/retrieveFCFR?gp=&SID=a004b6bf20934ace7a7l 7de761 dc64c0&mc=tnle&n=nt37.1.401 &r =PART&ty=HTML (Signature Page to Follow) NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 31 lie IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. 'KINZEL, CLERK est s0o Chai ' ep C r sltjtt�i1,112 011ty. .. ' . Dated: AL) BOARD OF COLLIER C 0 SIONERS OF C' L. MCDANIEL, JR., Date: 14 / 1%y /aZ— NAMI COLLIER COUNTY, INC. (NAMI) By:47, y, G-1--- ELIZA ETH STIKEMAN, BOARD CHAIR Date: Ap ov d as too and 1 ga D D. Perri O Assistant County Attorney \iLv Date: z $ 1 Z '2_- -r NAMI COLLIER COUNTY, INC. (NAMI) ERA l 22-01 EPA Housing Relocation Page 32 PART V EXHIBITS EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability, including products and completed operations insurance, in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance, in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT, in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis, in an amount not less than 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 NAMI COLLIER COUNTY, INC. (NAMI) ERAI 22-01 ERA1 Housing Relocation Page 33 110 Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis, in an amount not less than 100 percent of the replacement cost of the property. Collier County must be shown as a Loss payee, with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone, for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. NAMI COLLIER COUNTY, INC. (NAMI) ERA] 22-OI ERA Housing Relocation Page 34 lie EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: NAMI Collier County, Inc. SUBRECIPIENT Address: 6216 Trail Blvd, Buildinc C, Naples, FL 34108 Project Name: ERA Housing Assistance and Relocation Project No: ERA1 22-01_ 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) $ $ By signing this report, I certify to the best of my knowledge and belief that this request for payment is true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the term and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812; and/or Title VI, Chapter 68, Sections 68.081-083, and Title XLVI Chapter 837, Section 837-06). Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 35 EXHIBIT C EMERGENCY RENTAL ASSISTANCE (ERA) MONTHLY PROGRESS REPORT Report Period: Fiscal Year: Agreement Number: Subrecipient Name: Program: Contact Name: Contact Telephone Number: March 1, 2022 — September 30, 2022 2022 ERA-1 2022-01 NAMI Collier County, Inc. ERA-1 Housing Assistance and Relocation Pamela Baker 239-260-7303 Characteristics Report 1. Report Selection Criteria Ethnicity Race Non - Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 3. Funds Expended: Category Funds Expended Current Month Funds Expended YTD Rental -Relocation Expenses (Monthly rent payments, hotel fees, housing stability fees, court fees, First month, last month's rent and initial fees Utilities -Relocation Expenses(Utility Deposit) Administration Other: NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA1 Housing Relocation Page 36 118 Total 4. Project Progress: Describe your progress, during the reporting period and any impediments, if applicable. XXXX By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true, complete and accurate. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims or otherwise (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729- 3730 and 3801-3812). Signature: Printed '.Name: Title: Date: NOTE: 'This form subject to modification based on Treasury guidance. Your typed name here represents your electronic signature. NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERA Housing Relocation Page 37 lie EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of Federal award amounts expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements, This form may be used to monitor Florida Single Audit Act Statute 215.97 requirements. Subrecipient Name NAMI Collier County, Inc. First Date of Fiscal Year MM/DD/YY Last Date of Fiscal Year MM/DD/YY Total Federal Financial Assistance Expended during most recently completed Total State Financial Assistance Expended during Fiscal Year most recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has ❑ been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 NAMI COLLIER COUNTY, INC. (NAMI) ERA 1 22-01 ERAI Housing Relocation Page 38 CD 03 CD > -D 2 (C v CD• CD -< cD = --0 O - v C Q D c ? -Ic m => o $ i m 1 D , r� o00m O 0 COMT7:1 = . 2 m � z _, _ O ._ A 0O zcn m v�im c 4 Z - c• cn0 v Oz = � 1 r r7, z O V/) GD) 0 bk. 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