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Agenda 07/12/2022 Item #16D 1 (Implement quarterly cycles for lands proposed for Conservation Collier Active Acquisition List)
07/12/2022 EXECUTIVE SUMMARY Recommendation to implement quarterly cycles for lands proposed for the Conservation Collier Active Acquisition List to accelerate the acquisition of environmentally sensitive land for conservation. OBJECTIVE: To implement quarterly cycles for properties proposed for the Active Acquisition List. CONSIDERATIONS: In the past, it has been the practice of the Conservation Collier Program to bring the Active Acquisition List recommendations of the Conservation Collier Land Acquisition Advisory Committee (CCLAAC) to the Board of County Commissioners (Board) on an annual basis when in an acquisition cycle. On April 26, 2022, during the Conservation Collier Annual Meeting (Agenda Item #1 IB), the Board requested that the CCLAAC look at ways to accelerate the acquisition process. Staff held a meeting with the CCLAAC Ordinance, Policy, & Rules (OPR) subcommittee on June 1, 2022, to discuss ways to accelerate the acquisition process. Subsequently, the full CCLAAC had a "special meeting" on June 13, 2022, to affirm the recommendations of the OPR subcommittee. The overriding concept proposed by the CCLAAC is to move from the practice of ranking lands proposed for the Active Acquisition List (the "Acquisition List") annually to quarterly. This means that cycles will now be three (3) months long, rather than twelve (12) months. Moving to quarterly cycles will expedite the acquisition process as applicants will no longer have to wait until July of a given year to obtain approval for the purchase of the property. The current Conservation Collier Ordinance does not specify how frequently cycles must occur; therefore, the quarterly cycle concept may be implemented without an amendment to the ordinance at this time. With the quarterly cycle process, property applications would be accepted on a continual basis with rolling deadlines to be considered within a specific quarter and processed on a first -come -first -served basis. The current practice is to accept applications for a particular cycle through July of that year. The changes recommended would not affect the current Cycle I I applicants negatively. Moving to quarterly cycles would ensure that all applications submitted prior to the current Cycle 11 deadline of July 3 1, 2022, would be ranked by the Board during either September or December 2022. Whereas the existing Cycle I I timeframe would have all these applications ranked by the Board in January 2023. Staff proposes to change from annual cycles to quarterly cycles. Specific deadlines would be provided at www.conservationcollier.com <hiip://www.conservationcollier.com> indicating when to apply in order to be considered within a specific quarterly cycle. Staff presented the CCLAAC with a Proposed Quarterly Cycle Timeline included with this item. If this Agenda Item is approved, staff would move forward with this timeline. The quarterly cycle rankings would be reviewed by the Board in September, December, March, and June starting in September 2022. During the implementation of the quarterly cycles, if approved, staff will continue to evaluate, with input from the CCLAAC and stakeholders, ways to improve the process to accelerate acquisitions. Moving to quarterly cycles is the first step to making an immediate impact. If approved, staff will report back to the Board in September with any further recommendations concurrent with the Active Acquisition List's first quarterly cycle. FISCAL IMPACT: The recommended FY23 budget includes a Conservation Collier Program tax levy of .25 mil estimated to generate up to $29,594,000. Consistent with Ordinance 2002-63 as amended, twenty-five percent (25%) of annual gross tax receipts will be deposited into the Conservation Collier Management Trust Fund to provide for long-term management of lands acquired through or managed by I Packet Pg. 13734 ] 07/12/2022 the Conservation Collier Program. The balance of tax receipts will be deposited into the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands. GROWTH MANAGEMENT IMPACT: Fee -simple acquisition and management of conservation lands is consistent with and supports Policy 1. 1. 5 in the Conservation and Coastal Management Element. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. -SAA ADVISORY COMMITTEE RJECOMMENDATION: On June 13, 2022, during a "special" Land Acquisition Advisory Committee the committee voted unanimously to recommend the implementation of quarterly cycles as discussed herein. RIECOMMENDATION: To direct staff to implement quarterly cycles for lands proposed for the Conservation Collier Active Acquisition List to accelerate the acquisition of environmentally sensitive land for conservation. Prepared By: Summer Araque, Principal Environmental Specialist, Conservation Collier Program, Parks & Recreation Division ATTACHMENT(S) 1. Ordinance 2019-03 amending 2002-63 (PDF) 2. Proposed Quarterly Cycle Timeline (PDF) I Packet Pg. 1335 1 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.D. I Doe ID: 22478 Item Summary: Recommendation to implement quarterly cycles for lands proposed for the Conservation Collier Active Acquisition List to accelerate the acquisition of environmentally sensitive land for conservation. Meeting Date: 07/12/2022 Prepared by: Title: — Public Services Department Name: Todd Henry 06/07/2022 2:54 PM Submitted by: Title: Department Head — Public Services Department Name: Tanya Williams 06/07/2022 2:54 PM Approved By: Review: Parks & Recreation Public Services Department Parks & Recreation Operations & Veteran Services Public Services Department Public Services Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Summer BrownAraque Additional Reviewer Melissa Hennig Additional Reviewer Olema Edwards Additional Reviewer Kimberley Grant Additional Reviewer Todd Henry PSD Level 1 Reviewer Tanya Williams PSID Department Head Review Sally Ashkar Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Christopher Johnson Additional Reviewer Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 06/07/2022 3:19 PM Completed 06/07/2022 3:30 PM Completed 06/07/2022 3:55 PM Completed 06/13/2022 4:52 PM Completed 06/14/2022 10:10 AM Completed 06/14/2022 10:44 AM Completed 06/14/2022 11:16 AM Completed 06/14/2022 12:56 PM Completed 06/17/2022 10:46 AM Completed 06/17/2022 12:53 PM Completed 07/06/2022 4:17 PM 07/12/2022 9:00 AM I Packet Pg. 1336 1 ORDINANCE NO. 2019 - 0 3 AN ORDINANCE AMENDING ORDINANCE NO. 2002-63, WHICH ESTABLISHED THE CONSERVATION COLLIER PROGRAM, BY AMENDING SECTION FOUR: PURPOSE AND INTENT; SECTION FIVE: DEFINITIONS; SECTION SIX: CREATION OF THE CONSERVATION COLLIER ACQUISITION FUND; SECTION SEVEN: CREATION OF THE CONSERVATION COLLIER MANAGEMENT TRUST FUND; SECTION EIGHT: LAND ACQUISITION ADVISORY COMMITTEE; SECTION NINE: PROPERTY ELEGIBLE FOR ACQUISITION AND MANAGEMENT; SECTION TEN: CRITERIA FOR EVALUATING LANDS FOR ACQUISITION AND MANAGEMENT; SECTION TWELVE: NOMINATION OF ACQUISITION PROPOSALS AND CANDIDATE SITES; SECTION THIRTEEN: PROCEDURE FOR SELECTION OF ACQUISITION PROPOSALS FOR PLACEMENT ON THE ACTIVE ACQUISITION LIST AND SUBSEQUENT PURCHASE PROCEDURES; AND SECTION FOURTEEN: MANAGEMENT PLANS AND USE OF ENVIRONMENTALLY SENSITIVE LANDS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on December 3, 2002, the Board of County Commissioners adopted Ordinance No. 2002-63 establishing the Conservation Collier Program, which ordinance has been amended from time to time; and WHEREAS, the Board of County Commissioners desires to further amend Ordinance No. 2002-63 as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Name: This ordinance shall be known as Conservation Collier Implementation Ordinance. SECTION 2: Objectives: Words Underlined are added; Words StFuek ThFough are deleted. Page I of 19 1 Packet Pg. 1337 Conservation Collier is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland communities located in Collier County, for the benefit of present and future generations. SECTION 3: Findings: I . The foregoing recitals are true and correct and incorporated herein by reference. 2. All ad valorem ftmds generated hereby shall be collected by the Collier County Tax Collector. 3. The County Manager, or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4: Purpose and Intent: 1 . To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest, most unique and endangered habitats; 2. To acquire, protect and manage environmentally sensitive lands that offer the best human social value, including equitable geographic distribution, natural resource -based recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Collier County; 3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plentiful water supplies and provide flood control; 4. To acquire, protect and manage environinentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; 5. To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and buffer the envirom-nental integrity of the resource, and add to resource connectivity; Words Underlined are added, Words Stmek Through are deleted. /�Al Page 2 of 19 1 Packet Pg. 1338 6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7. To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, endangered species habitat, and vulnerable rare habitats; 8. Upon recommendation by staff or the Board, to utilize a qualified third -party entily 4�to identify Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; 9. To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate natural resource -based recreational and educational opportunities, by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved and appreciated by and for present and future generations; 10. To have the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school -age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; 11. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Conservation Collier funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match, or which would result in considerably higher funding rank in another program, however, Collier County shall exclude Municipalities within the County from any requirement to provide matching funds; and, 12. To cooperate actively with other acquisition, conservation, and resource management programs that operate within the Coj�nty's Area, including, but not limited to, such programs as the State of Florida Conservation and Reer-eation hands pr-egr- , the Land Acquisition Trust Fund, Florida Forever, Florida Communities Trust, and Save Our Rivers program, where the purposes of such programs are consistent with the purposes of Conservation Collier as stated hereinabove. Words Underlined are added; Words Swuek TUreugh are deleted. /—A Page 3 of 19 1 Packet Pg. 1339 SECTION 5: Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1. "Acquisition proposal" shall mean (a) parcel(s) of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3. "Authorized Purpose" means expenditures authorized herein. 4. "Non-profit organization" shall mean an organization as defined in section 501 of the United States Internal Revenue Code, operating in Collier County, which includes among its primary goals the conservation of natural resources and the protection of the environment. 5. "Buffer land" shall mean that land which is adjacent to publicly -owned environmental land, or privately held land permanently dedicated to conservation, or that land which is an in - holding within publicly -owned envirom-nental land, and which, if not acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource. 6. "Environmentally sensitive" land shall mean that land which contains natural upland or wetland communities, native plant cornmunities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7. "Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentally sensitive lands which have been acquired or approved for management under Conservation Collier, including provision of appropriate public access. 8. "Target Protection Areas" shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. 9. "Natural resource -based recreation" shall mean all forms of uses which are consistent with the goals of this program, and are compatible with the specific parcel. Such uses shall Words Underlined are added; Words Struck Thfatigh are deleted. (e 7A Page 4 of 19 1 Packet Pg. 1340 include, but not be limited to, hiking, nature photography, bird -watching, kayaking, canoeing, swimming, hunting and fishing. 10. "Urban Area" shall mean those areas designated as Urban on the Collier Cognty Future Land Use Map. SECTION 6: Creation of the Conservation Collier Acquisition Trust Fund. Collier County shall establish the Conservation Collier Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. I . The Conservation Collier Acquisition Trust Fund shalt receive monies from the following MINJONa a. All monies accepted by Collier County in the form of federal, State, or other governmental grants, reimbursements, allocations, or appropriations, foundation or private grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b. Such additional allocations as may be made by the Board of County Commissioners from time to time for the purposes set forth herein. C. All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. d. Supplementation from the Conservation Collier Management Trust Fund, but only with the approval of the Collier County Board of County Commissioners. e. Up to Eig Sevent -five percent 025� (75n/o of all ad valor-e revenues collected for Conservation Collier. This percentage shall be reviewed annually by the Board. f. The proceeds of any property acquired with funds from the Conservation Collier Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determined by the Board of County Commissioners, to be committed either to the Conservation Collier Acquisition Trust Fund or to the Conservation Collier Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. 9- Prior to acquiring land located within a Municipality's boundaries, approval must first be obtained from the governing body of that Municipality. Words Underlined are added; Words Stpack Thfough are deleted. Page 5 of 19 Fpacket Pg. 1341 2. The Conservation Collier Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Conservation Collier Acquisition Trust Fund shall be made only for the following authorized purposes: a. Acquisition of properties which have been approved for purchase by the Board of County Commissioners. b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, environmental reports, title commitments and insurance policies, real property taxes, documentary stamps and surtax fees, and other transaction costs. C. Costs of administering Conservation Collier, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County and Conservation Collier purchasing policies. Administrative costs shall be limited to the greatest extent possible. A 010 e d. Costs To acquire and dispose of real and personal property or any interest therein when necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; and to enter into alternatives to the acquisition of fee interests in land, including, the acquisition of easements, life estates, leases, and leaseback arrangements. f e. Acquisitions consistent with Collier County Land Development Code and the Growth Management Plan. g f To cooperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County h g. All lands acquired and titled solely in the name of Collier County shall be managed by Collier County, wherever located, unless by mutual written agreement management arrangements and responsibilities are undertaken with other local, regional, state, or federal agencies. All lands jointly acquired with other local, regional, state, or federal agencies, Words Underlined are added; Words Stmesk Through are deleted. Page 6 of 19 1 Packet Pg. i��J including Municipalities, shall include, as part of the acquisition process, some mutual written agreement regarding the responsibilities of the joint owners for maintenance. i h. To borrow money through the issuance of bonds for the purposes provided herein, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof. i i. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statutes, Section 215.47 as amended. ki. To insure and procure insurance against any loss in connection with any of the trust's operations, including without limitation: a. The repayment of any loans to mortgage lenders or mortgage loans; b. Any project; c. Any bonds of the County; Insurance may be procured in such amounts and from such insurers, including the Federal Government, as may be deemed necessary or desirable by Collier County. I k. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. m 1. To identify parcels of land that would be appropriate acquisitions. -n m. To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted herein to the full extent of the law. SECTION 7: Creation of the Conservation Collier Management Trust Fund: There is hereby created the Conservation Collier Management Trust Fund (hereinafter referred to as the Conservation Collier Management Trust Fund) for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands that either have been purchased with monies from the Environmentally Sensit Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Conservation Collier Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. 1. The Conservation Collier Management Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. Words Underlined are added; Words Struck Thfough are deleted. Page 7 of 19 1 Packet Pg. 13437 2. The Conservation Collier Management Trust Fund shall receive monies from the following sources: a. Ad valor-em taxes Revenues collected for Conservation Collier in an amount no less than 45-OA 25% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired with the Conservation Collier Acquisition Trust Fund or otherwise approved for management. C. Additional allocations as may be made by the Board of County Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of Conservation Collier. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. e. Supplementation from the Conservation Collier Acquisition Trust Fund, but only with the approval of the Collier County Board of County Commissioners. 3. Disbursements from the Conservation Collier Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein and as qpproved by the Board of County Commissioners. SECTION 8: Land Acquisition Advisory Committee: 1 . Creation and Purpose: The Land Acquisition Advisory Committee is hereby established to assist the Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier. When active acquisition phases are not in place, the Land Acquisition Committee's role shall be to review and make recommendations to the Board on the management and programs of the preserved land. 2. Appointment and Composition: The Land Acquisition Advisory Committee shall be composed of nine (9) members who are appointed by and will serve at the pleasure of the Board of County Commissioners in accordance with Ordinance No. 2001-55, as amended. When aefive aequisifien phases are not in plaee, the hand Aequisition Advisefy Committee shall be eempos . Words Underlined are added; Words Struok Through are deleted. /r7,,*N Page 8 of 19 1 Packet Pg. 1344 of seven (7) members. Membership of the Land Acquisition Advisory Committee shall comprise broad and balanced representation of the interests of Collier County citizens, including: a. Environmental, land management and conservation interests in Collier County; b. Agricultural and business interests in Collier County; C. Educational interests in Collier County; and d. General civic and citizen interests from throughout the county. Individual members of the Land Acquisition Advisory Committee shall have expertise, knowledge or interest in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eco-tourism or environmental education. A nominee shall submit to the Board of County Commissioners written evidence of his or her expertise, knowledge or interest in any of the above. The members of this committee should include representatives from different areas of Collier County. 3. Terms of Office: The initial terms of office of the members shall be staggered between the individual interests, for balance purposes, and be set as follows: a. Three (3) members shall serve three (3) years. b. Three (3) members shall serve two (2) years. C. Three (3) members shall serve one (1) year. Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be governed by Collier County Ordinance No. 2001-55, as amended. 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for a period of one (1) year, with eligibility for reelection. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business, unless active acquisition phases are not in place in which case four (4) or more members shall constitute a quorum. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee Words Underlined are added; Words Svruck T-4eu are deleted. Page 9 of 19 Packet Pg. 1345 minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies: Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 2001-55, as amended. 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to the Board of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of Conservation Collier and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Conservation Collier Trust Funds; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of Conservation Collier. However, the goals and primary criteria of Conservation Collier may not be modified except by countywide referendum vote. C. The Land Acquisition Advisory Committee shall have no power or authority to commit Collier County to any policies, to incur any financial obligations or to create any liability on the part of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insufficient uncommitted funds in the Conservation Collier Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed, the Land Acquisition Advisory Committee shall report to the County Commission that it's b i melude and revert to a land management oversight function. If funds remain in the All remaining Conservation Collier Acquisition Trust Fund monies these funds shall then be 4ansfeffed reviewed for recommendation of transfer to the Conservation Collier Management Trust Fund and transferred Lapon qpproval of the Board of Collpty Commissioners. Thereafter, unless and until additional funds are appropriated by the Board for the purpose of acquiring additional Conservation Collier Program acquisitions, the Land Acquisition Advisory Words Underlined are added, Words Struck Through are deleted. Page 10 of 19 Packet Pg. 1346 Committee shall generally meet on a quarterly basis to review and make recommendations to the Board as warranted regarding the management and programs of the preserved land. SECTION 9: Property Eligible for Acquisition and Management: I . Properties eligible to be considered for acquisition and management under Conservation Collier shall be only environmentally sensitive lands available from willing and voluntary participants, with acquisition priorily given to those properties located within, but not limited to, the Urban Area of Collier Cognty. 2. Acquisition of property shall not be constrained based on the immediate availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by Conservation Collier shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10: Criteria for Evaluating Lands for Acquisition and Management: 1 . The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized by secondary evaluative criteria listed below under Section 2. The initial screening criteria are: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for natural resource -based recreation, and enhancement of the aesthetic setting of Collier County. C. Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. d. Land containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. Words Underlined are added-, Words Stfuek TUrough are deleted. Page I I of 19 Packet Pg. 7 f. Any qualified land which meets at least two of the above criteria and has matching funds available and/or which Conservation Collier ftmds availability would leverage a significantly higher funding rank in another acquisition program. 2. Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer the most manageable parcels). 3. The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of Conservation Collier. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of this Conservation Collier Implementation Ordinance, the following list is the fif-A Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. a. All designated Urban lands an the Futufe hand Use Map of the Collier- GeufA� &wmh Management P! with predominantly native vegetative cover. b. All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. C. All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. d. The Flow -way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. Words Underlined are added, Words Stmok Thfou are deleted. Page 12 of 19 1 Packet Pg. 1348 4. The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners, a Conservation Collier Program Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Conservation Collier Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of County Commissioners, passage of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SECTION 11: Acquisition List: The overall Conservation Collier Acquisition List shall consist of two specific lists: the Target Protection Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below: 1. The Target Protection Areas List shall consist of lands representing the highest natural resource values (such as Natural Resource Protection Areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordance with Conservation Collier goals, procedures and criteria. 2. The Active Acquisition List shall consist of criteria -qualified sites that have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have had applications submitted by property owners. The Active Acquisition List shall separate proposals into three (3) categories, A (pursue acquisition), B (hold for re -ranking in the next cycle), and C (no interest in acquiring). The A -category parcels/projects shall be further categorized as 1 (high priority), 2 (medium priority) and 3 (low priority), in order to give County staff direction as to priority for acquisition tasks. The Active Acquisition List shall be updated periodically according to Conservation Collier procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Conservation Collier criteria and for which acquisition is feasible will be placed Words Underlined are added; Words Stmek Throu are deleted. Page 13 of 19 Packet Pg. 1349 on this list, pending recommendation by the Land Acquisition Advisory Committee and approval by the Board of County Commissioners. 3. Once approved by the Board of County Commissioners, the County shall actively pursue acquisition of A -category projects on the Active Acquisition List. All sites shall be pursued on a voluntary "willing participant" basis only, without the use of the County's eminent domain powers. 4. Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12: Nomination of acquisition proposals and candidate sites: I . Nominations for the Conservation Collier Program may be made by any person or organization, including Collier County, regional, State or Federal agencies, by contacting program staff in writing and providing positive identification of the parcel/project through a map or folio number(s). Staff will send an inquiry to the owner in the form of an interest letter advising of the nomination and asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 2. An owner may nominate his or her own property by submitting an application. 3. County staff will send letters of interest to property owners within Target Protection Areas as directed by the Land Acquisition Advisory Committee asking if the owner wishes to submit an application for consideration to the Conservation Collier Program. 4. An application submitted by the property owner to the County Manager or his designee shall be evidence of a willing seller. 5. While public and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual public solicitation meeting (described below), applications shall be gathered and evaluated within the framework of an acquisition cycle, which time frame shall be publicly announced. 6. There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications if the program is in a Words Underlined are added; Words Struck T-Iffough are deleted. Page 14 of 19 Packet Pg. 1350 buying cycle. The first such meeting will take place at the end of the first year of implementation of Conservation Collier. 7. Owner interest shall be disclosed in applications in the same manner as required of zoning applicants by the Collier County Land Development Code. SECTION 13: Procedure for selection of acquisition proposals for placement on the Active Acquisition List and Subsequent Purchase Procedures: I . Acquisition proposals for which applications have been received shall be prescreened using the initial screening criteria. Those that satisfy two (2) out of six (6) of the Initial Screening Criteria shall be forwarded to the Land Acquisition Advisory Committee for a vote for a complete evaluation. 2. Acquisition proposals which do not satisfy the initial screening criteria or which satisfy initial screening criteria but for other reasons may not fulfill the purposes of Conservation Collier will be reported to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least five [5] members of the Land Acquisition Advisory Committee vote for a complete evaluation. 3. Proposals which satisfy the initial screening will be further evaluated for presentation to the Land Acquisition Advisory Committee for review and ranking by staff or a qualified third- pqAy. Evaluation shall include a site visit, which staff shall coordinate with the property owner, and which may include one advisory committee member, review of information about the parcel(s) available in the county's electronic databases and research into any other records retained by the county about the parcel(s). Using both observed and gathered data staff or a qualified third pggy shall prepare an Initial Criteria Screening Report (ICSR) which will include boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed and estimated value, and any potentially available matching funds. 4. Upon completion of the 1SG ICSR, the Land Acquisition Advisory Committee shall hold a public hearing for- pr-esefAa4 where staff will present information contained in the ICSR regarding each site, the applicants' and/or landowners' comments, and comments from the Words Underlined are added, Words Stmok Thfough are deleted. Page 15 of 19 Packet Pg. 1351 public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shall not invalidate these proceedings. 5. After all properties within the current acquisition cycle have been presented, the Land Acquisition Advisory Committee shall evaluate all qualified proposals using criteria, as documented in the ICSR along with, public comments, and their own experience and judgments, and then rank the parcels according to the A, B and C ranking categories to create a recommended Active Acquisition List at a public -hearing. Additional meetings may be called to complete this task. 6. The recommended Active Acquisition List shall be forwarded to the Board of County Commissioners, who, in a public meeting, shall vote on whether to approve all or part of the proposed Active Acquisition List. Properties may be added but any additional properties must be subjected to the entire evaluation process. 7. County Staff shall notify property owners and the public of the final approved Active Acquisition List. 8. After approval of the Active Acquisition List, Real Estate Services staff will arrange for appraisals for A -category parcels/projects and when appraisals are received make an offer to the owner(s) pursuant to the approved Conservation Collier Land Acquisition Purchase Policy (Resolution No. 2003-195, or as superseded). Parcels located within the Rural Fringe Mixed Use District "Sending" lands are subject to additional requirements regarding Transfer of Development Rights (TDR) credits, as specified in the Conservation Collier Land Acquisition Purchase Policy, Resolution 2003-195, or as superseded. Once an offer is accepted, Real Estate Services staff will prepare a contract and request the owner sign. This signed contract will be presented to the Land Acquisition Advisory Committee at a public meeting to decide, by majority vote, whether to recommend approval of the contract to the Board of County Commissioners. Along with the contract, staff will provide a Project Design Report for each parcel/project, including cost, history, purpose of project, and program qualifications. 9. After obtaining a recommendation from the Land Acquisition Advisory Committee, the contract, Project Design Report and Land Acquisition Advisory Committee recommendation will be presented to the Board of County Commissioners at a public hearing for their review and approval. Words Underlined are added, Words Stme-k Thfough are deleted. Page 16 of 19 Packet Pg. 1352 10. The Board of County Commissioners shall have final approval authority of the contract terms for each proposed project and shall authorize any and all purchases. 11. Once a contract has been approved and executed by the Board of County Commissioners in accordance with County policies, Real Estate Services shall proceed to close on the purchase of property in accordance with County policies. SECTION 14: Management plans and use of environmentally sensitive lands: 1. No later than ninety [90] days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be implemented for more than two (2) years after acquisition of the property, prior to the expiration of two [2] years, either a new management plan shall be implemented, or, by affirmative action of the Board, the interim plan shall continue. 2. A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the Land Acquisition Advisory Committee, for each property acquired by Conservation Collier which shall: (a) Identify such management activities as are necessary to preserve, enhance, restore, conserve, maintain, or monitor the resource, as appropriate; and (b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation, and maintenance of the resource; and (c) Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall be submitted to the Board of County Commissioners for its approval. Each ten-year management plan shall be updated at least every five (5) years from the last date of Board approval, and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. Words Underlined are added; Words Stpack Through are deleted. Page 17 of 19 Packet Pg. 1353 4. All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through Conservation Collier shall be managed in accordance with the approved management plan for that property. 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under Conservation Collier that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6. The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of Conservation Collier. 7. Purchasing land using Conservation Collier program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of Conservation Collier, unless such lands are exchanged for similar lands within and between multi -parcel projects that have been previously recommended by the Conservation Collier Land Acquisition Advisory Committee and approved by the Board of County Commissioners in accordance with the goals and purposes of the Program In case of these land exchanges, development rights are restored to those properties exchanged out of County ownership. 8. Public access is an important element of management and this Program. Examples of permitted uses, subject to compatibility with specific parcels, include: hiking, nature photography, bird watching, kayaking, canoeing, swimming, hunting and fishing. The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school -age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 15: Responsibilities of the County Manager: The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to ftilfill the purposes of this Ordinance. SECTION 16: Sunset of the Conservation Collier Ad Valorem Tax: 1 . The Conservation Collier special tax revenue will sunset after 10 (ten) years, unless reauthorized through similar voter referendum approval. 2. The Management Trust Fund continues in perpetuity, as long as Conservation Collier lands remain in county hands. Words Underlined are added; Words Stmek Thfough are deleted. Page 18 of 19 Packet Pg. 1354 SECTION 17: Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 18: Conflict and Severability: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19: Effective Date: This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this -Z-U-�� day of 2019. Attest: CRY� Clerk By: Deputy Cler as to Chairmws S; JgTj,ature only. Approved as to Form and Legality: %-CUq,R Jennifer X. Belpedio Assistant County Attorney�� BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ,&.L. McDaniel, Jr., Chairman This ordincnce t.-led W'* tyc Secretery of Sic"e": L 41�1 a,, of Qwjwk cnd cicknowledgement filing received this BY By Words Underlined are added; Words Swack 44weti are deleted. Page 19 of 19 1 Packet Pg. 1355 FLORIDA DEPARTME RON DESANTIS Governor February 28, 2018 Ms. Crystal K. Kinzel, Clerk Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara Dear Ms. Kinzel: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 19-03, which was filed in this office on February 27, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 9 500 South Bronough Street 9 Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 Packet Pg. 1356 www. dos. state. fl.us I I CONSERVATION COLLIER PROPOSED QUARTERLY CYCLE TIMELINE 2022-2023 Cycle 11 A - September 2022 BQQ Ranking 1. June 21, 2022 - Application Deadline 2. July 6, 2022 — ISC's and ICSR's to CCLAAC 3. August 3, 2022 — Remaining ICSR's to CCLAAC and CCLAAC Ranking CVcle 11 B - December 2022 BCC Ranking 1. September 20, 2022 - Application Deadline 2. September 7, 2002 and October 5, 2022 — ISC's and ICSR's to CCLAAC 3. November 2,2022 —Remaining ICSR's to CCLAAC and CCLAAC Ranking cle 11 C - March 2023 BCC Ranki 1. December 20, 2022 - Application Deadline 2. December 7, 2002 and January 4, 2023 — ISC's and ICSR's to CCLAAC 3. February 1, 2023 — Remaining ICSR's to CCLAAC and CCLAAC Ranking Cycle 11 D - June 2023 BCC Ranking 1. March 21, 2023 - Application Deadline 2. March 1, 2023 and April 5, 2023 — ISC's and ICSR's to CCLAAC 3. May 3, 2023 — Remaining ICSR's to CCLAAC and CCLAAC Ranking Initially created as result of OPR subcommittee on 6-1-22 Reviewed byfull CCLAAC 6-13-22 to propose to BCC I Packet Pg. 1357 FAIN # E-20-UW-12-0016 Federal Award Date September 22, 2020 Federal Award Agency HUD CFDA Name Emergency Solutions Grant (ESG CV) CARES Act Funding CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $90,000 Subrecipient Name NAMI Collier County, Inc DUNS# 825230993 FEW 65-0047747 R&D No Indirect Cost Rate No Period of Performance September 22, 2020 -- September 21, 2022 Fiscal Year End 6/30 Monitor End: 12/22 AGREEMENT BETWEEN COLLIER COUNTY AND NAMI COLLIER COUNTY, INC. (NAMI) Rapid Rehousing and Outreach - COVID-19 Assistance THIS AGREEMENT is made and entered into this o�3v ay of7F� , 2021, by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and NAMI COLLIER COUNTY, INC. (SUBRECIPIENT) having its principal office at 6216 Trail Blvd., Building C, Naples, FL 34108. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement an Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq, and the CARES Act, Public Law 116-136; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) - program components (street outreach, emergency shelter, homelessness prevention, rapid rehousing assistance, and Homeless Management Information System [HMIS]); and NAM[ COVID-19 E820-05 Rapid Rehousing and Outreach Page 1 WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for the ESG Program on June 25, 2019 -- Agenda Item 16.D.2 . WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26, 2020;.and WHEREAS, the Board of County Commissioners of Collier County (Board) approved substantial amendments to the Collier County Consolidated Plan for additional funding from the ESG-CV Program Round 1 on May 12, 2020 — Agenda Item 16.F.1.F, and ESG-CV Program Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and WHEREAS, in accordance with the HUD Community Planning and Development Grant Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for participation in the Collier County ESG Program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the COVID-19 Project (ES20-05) ESG COVID-19 Rapid Rehousing and Outreach. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: . PART SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: Project Name: ESG COVID-19 Rapid Rehousing and Outreach Description of project and outcome: Expand and improve crisis response to the local community with support/essential needs for clients in supported housing, outreach to the homeless and unsheltered, rental assistance, travel reimbursement, and financial counseling to those affected by COVID-19 for a period no longer than 12 months. Project Component One; Street Outreach to homeless unsheltered persons including but not limited to, essential needs/services, transportation (bus passes, uber, bicycle), emergency medical services, training, and mental health services Project Component Two: ,Short- to Medium -Term Rapid Re -Housing Rental Assistance including but not limited to, rent assistance and arrears, security deposits, application fees, NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 2 utility deposits or payments, last month's rent, housing search and placement activities, financial assistance services, and training. Project Component Three: Rapid Re -housing Case Management/Peer Specialist and Supported Housing Specialist Salaries 1. Project Tasks: a. Provide financial support to those impacted by the pandemic using Rapid Rehousing (rental assistance) or Street Outreach, with priority given to those persons or families with a serious mental illness b. Maintain documentation on all households serviced, in compliance with 24 CFR 576.500 c. Provide Quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria; Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Pant 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Affirmative Action Plan Conflict of Interest Policy Procurement Policy Uniform Relocation Act Policy Sexual Harassment Policy Section 3 Section 504/ADA Policy NAM{ COVID-19 Es20-05 Rapid Rehousing and Outreach Page 3 Q ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) for the ESG program - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training All SUBRECIPIENT staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training and all other CHS-offered income certification training. 1.2 PROJECT DETAILS A. Project Description/Budget Description Federal Amount Project Component 1: Street Outreach — including $10,000.00 but not limited to, essential needs/services, transportation (bus passes, uber, bicycle), emergency medical services, mental health services, and training Project Component 2: Short- to Medium -Term Rapid $40,000.00 Re -Housing Rental Assistance including but not limited to, rent assistance and arrears, security deposits, application fees, utility deposits or payments, last month's rent, housing search and placement activities, financial assistance services, training. Project Component 3: Case Management/Peer $40,000.00 Specialist and Supported Housing Specialist Salaries Total Federal Funds: $90,000.00 The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget between Project Component 1 and Project Component 2, as needed, in order to respond to the needs of the community. Total expenditures may not exceed the Total Federal Funds. NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 4 +� The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ❑ Ensure attendance by a SUBRECIPIENT and General Contractor at Pre - Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed (NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Proj ect Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibits E, F, and G. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement A reement execution Insurance Insurance Certificate Within thirty (30) days of Agreement execution and annually within thirty (30) days of renewal Detailed Project Schedule NA NIA Project Plans and NA NA S ecifications Subcontractor Log NA NA Submission of Progress Exhibit C and HMIS/SAGE Quarterly reports and upload, Report CSV Upload within 10 days after the end of the quarter. Final report due 60 days after final services provided NAM[ COVID-19 ES20.05 Rapid Rehousing and Outreach Page 5 S or the Agreement ends, whichever is earlier, Section 3 Report Quarterly reports on new Quarterly; within 10 days after hire information the end of the quarter, until xo'ect is com fete. Davis -Bacon Act Certified NA NA Payroll Financial and Compliance Audit, Management Letter, Annually; nine (9) months after Audit and Exhibit D FY end for Single Audit OR one hundred eighty (180) days after FY end Revenue Plan for NA NA maintenance and Capital Reserve Continued Use NA NA Certification Program Income Reuse NA NA Plan Income Documentation NA NIA D. Performance Measures 1. SUBRECIPIENT must expend 20 percent of the total award no later than August 31, 2021. If SUBRECIPIENT does not meet this requirement, HUD may reduce the award and recapture up to 20 percent of funds. 2. SUBRECIPIENT must expend 80 percent of the total award no later than February 28, 2022. If SUBRECIPIENT does not meet this requirement, HUD may reduce the award and recapture up to 80 percent of funds. E. Payment Deliverables Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Street Exhibit B along with documentation Monthly, by the 10"' Outreach —including but not of homelessness/unsheltered, invoice of the month limited to, essential for medical/mental health/ following the month needs/services, transportation transportation services evidenced by of service (bus passes, uber, bicycle), cancelled checks, bank statements, mental health services, and any additional documents as emergency medical services, requested. and training Project Component 2. Shoe- to Exhibit B along with invoice and Monthly, by the 1 Ott' Medium -Term Rapid Re- 1 proof of rent payment as evidenced by I of the month NAMI COVID-19 S Rapid Rehousing and Outreach Page 6 Housing Rental Assistance — cancelled checks, properly completed following the month including but not limited to, invoices, bank statements, utility bills, of service rent assistance and arrears, proof of homelessness/at risk of security deposits, application homelessness, lease agreement, fees, utility deposits or landlord agreement (initial payment payments, last month's rent, only), and any additional documents housing search and placement as requested. activities, financial assistance services, and training Project Component 3: Case Exhibit B along with properly Monthly, by the 10' Management/Peer Specialist completed invoices, timesheets, of the month and Supported Housing payroll, banking, canceled checks, following the month Specialist Salaries and any additional documents as of service. requested. SUBRECIPIENT services shall begin on September 22, 2020 and end on September 21, 2022. The SUBRECIPIENT services/activities shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available NINETY THOUSAND DOLLARS AND ZERO CENTS ($90,000.00) for use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the `Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components is allowed with prior written approval, by the COUNTY. All services/activities specified in Pant l Scope of Services shall be performed by SUBRECIPIENT or its subcontractors that meet Federal requirements. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach Page 7 �d amount needed at the time of the request, Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement, Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT for ESG expenditures are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cast Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENTS and contractors shall comply with 2 CFR Subpart E- Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. NAMI COVID-19 1s20-05 Rapid Rehousing and Outreach Page a v 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: carolyn.noble_@coiliercoulgfl.gov Telephone: (239) 450c--5186 SUBRECIPIENT Pam Baker, Chief Executive Officer NAMI Collier County, Inc. 6216 Trail Boulevard, Building C Naples, FL 34108 Email: pbaker@namicollier.org Telephone: (239) 260-7303 Remainder of Page Intentionally Left Blank NAMI COVID-I9 ES20-05 Rapid Rehousing and Outreach Page 9 U PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with ESG program regulations, as provided in Exhibits E, F, and G, to determine compliance with the requirements of this Agreement, the requisite Programs, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY, at any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. NAMT COVID-19 ES20-05 Rapid Rehousing and Outreach Page 10 Q� D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as described in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If the SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement; and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Cox@colliercountyfl.goy, 3299 Tamiami Trail E, Naples FL 341.12. E. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Income certification documentation will be validated at interim and closeout monitorings. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program components; the applicable regulations included in Exhibits E, F, and G; and the eligibility requirement(s) under which funding was received. This also includes special requirements such as necessary and appropriate determinations, as defined in the applicable exhibit, including income certification and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. NAM[ COVID-19 ES20-05 Rapid Rehousing and Outreach Page 11 S 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months (or one hundred eighty (I80) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent on satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or 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 CIaR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented and be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 12 ��% SUBRECIPIENT may not discriminate against any employee or other person who reports to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of this Agreement or any law or regulation, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans. may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution Nov 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which requires the SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. The COUNTY may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount, or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach Page 13 Q� 4. If after repeated notification the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228. If the SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the I Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfilling this requirement. Other reporting requirements may be requested by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentially Left Blank NAM[ COVID-I9 ES20-05 Rapid Rehousing and Outreach Page 14 O,� PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS This Agreement may be assigned or subcontracted with the written consent of the COUNTY, which consent, if given, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407; (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for Developers, revenue generated is not considered program income. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall always remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent of the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY'S governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. NAMI COVID-19 S Rapid Rapid Rehousing and Outreach �J Page 15 The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided ESG grant funds and must be implemented in full compliance with all HUD's rules and regulations and any agreement between COUNTY and HUD governing grant funds pertaining to this Agreement, In the event of curtailment or non -production of said federal or state funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, This section shall survive the expiration or termination of this Agreement. NAMI COVID-19 )5 Rapid 0 apid Rehousing and Outreach Page 16 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may also be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The COUNTY may also terminate this Agreement if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 17 B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the Project Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds that SUBRECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach Page 1€1 The COUNTY's receipt of any. funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement, 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), the federal regulations for the ESG grant funds (24 CFR 576 et seq). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. As a result of the need to expedite services to beneficiaries impacted by COVID-19, HUD has allowed jurisdictions to .deviate from 2 CFR 200 proccurement standards, allowing SUBRECIPIENTS to follow Collier County procurement ordinance. Collier County Ordiance 92017-08 allows contracting with not -for -profits through the approved exemption. Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards Range: Competition Required $0 - $3,000 Sin le cote with Documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc. During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided that SUBRECIPIENT submits sufficient documentation to support cost NAMI COVID49 Es20-05 Rapid Rehousing and Outreach Page 19 add reasonableness. Acceptance of said documentation shall be at the COUNTY's sole discretion. If the Declared State of Emergency expires before December 30, 2020, SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is used for purchases under this Agreement. Regardless of the state of emergency, any purchase in excess of 250,000 will be assessed using a price or cost analysis approved by CHS, prior to purchase. In accordance with 2 CFR 200.322, SUBRECIPIENT shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory Ievel of completion, per 2 CFR 200, Appendix II(J) and 2CFR 200.323. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. If Program Income is derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible project activity approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity.funded by this project shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and in compliance with 2 CFR 200. When Program Income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY for further reallocation. Equipment no longer needed by the SUBRECIPIENT for ESG-eligible activities under this Agreement shall be (a) transferred to the COUNTY for use elsewhere in the ESG program or (b) retained by the SUBRECIPIENT, after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-ESG funds used to acquire the equipment. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout period ends. Activities during this closeout period shall NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach Page 20 include but are not limited to; making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic opportunities be directed to low and very low income residents of the Project area, and that contracts for training and employment in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG; providing services assisted under ESG; and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors, and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. NAME COVID-19 ES20-05 Rapid Rehousing and Outreach Page 21 3.17 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of tenants will be validated with supporting documentation during interim and closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide the SUBRECIPIENT Affirmative Action guidelines to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during the period of performance of this Agreement, the updated plan must be submitted to the COUNTY within 30 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 2 CFR 576.404 "Conflict of Interest", 2 CFR 200.318, FL Statute 287.057, and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach 'd9 Page 22 Q The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located, regarding the condition of the structure and the operation of the housing. 3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care, and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.23 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 23 3.25 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used ' by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.26 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.27 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. NAM[ COVID-19 E320-05 Rapid Rehousing and Outreach Page 24 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.cefr. gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285 dd76c26d 14f54e&mc=true&node=pt24.1.58&ram 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https ://www.hudexchan ge. info/resource/2184/hous ing-and-community-development-hed-act-of 1974/ 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.ggy/prop,ramdescription/title6 •amdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended hqps://www.ecoo,gov/laws/statutes/tittevii.cfm 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.ecfr.p-ov/cgi-bin/text- idx?c=ecfr,sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3. 1.1.3.8 ;idno=24;cc=ecfr htt s://www.cefr. ovlc i-binitext-idx?r n=div5&node=24:1.1.1.1.5#se24.1.5 1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.goy/a/agencies/ofccp/executive-order-11246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. htlps://www.ecoe.gov/laws/statutes/titlevii.cfm 4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968; as amended, Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR NAMI COVID-19 ES20.05 Rapid Rehousing and Outreach Page 25 O 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that. no contractual or other disability exists that would prevent compliance with these requirements. htt s://www.hud, ov/sites/dfites/FHEO/documents/Scction3ruleO92820. df The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. htt ps://www. hud. gov/sites/dfiles/FHEO/documents/Secti on3 ru 1e092 820.pdf NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 26 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.corncll.cdu/uscode/text/42/chqpter-76 11246: https://www.dol.jzov/ofeep/regs/statutes/eo 1 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive- order/11478.htm1 12107:https://www. archives.gov/federal-regi ster/codification/executive-order/12107.html 12086:hgs://www. ar chives. gov/federal-register/codification/executive-order/I2086.html 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.goyregs.com/regulations/expand/title24 part5_subpartA_section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.oneele.com/uscode/29/776.html 24 CFR 570,614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hud. ovg /hudprograms/eohudE 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.goy/real—estate/uniform—act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by ESG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house. gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&cdition=1999. 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfr/text/29/part-3 NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 27 CAS 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/-oart-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any pars of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 https://www. oyg info.gov/content/pk /U�_-2.010- title 18/pdf/USCODE-2010-title 18.pdf 40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40- section276c&num=0&edition=1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. htt s://www.arcbives. ov/federal-re ister/codification/executive-order/11625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfi-.gov/cgi-bin/text- idx?c=ecfr sid=dc4c2f'93cdadf08974315fa2bfdf4cec•r n=div5•view=text•node=24%3A3. 1.1.3.8 Jdno=24;cc=ecfr E.O. 13279: http://www.fedgoveontracts.com/pe02-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. https://www.nebi.nim.nih.gov/pubmed/12289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 777LPDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 — Equal Opportunity in Housing https://www.archives.gov/federal-register/codif cation/executive-order/11063.html NAMI COVID-19 Es20-05 Rapid Rehousing and Ontreach Page 28 L`A� Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www. archives. gov/federal-register/codification/executive-order/12259. html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/ ap rt-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements, htts://www.cefr.v,ov/c,i-bin/text-idx?ipl�/eefrbrowse/Title02/2cfi200�main 02.tpl 4.22 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.ecoc.gov/eeoc/histoiy/3 5th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part II1, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes—chapter-112_part_i ii Collier County- http://www.colliv,rgov.net/home/showdocument?id=35137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.26 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 29 CAS 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY' S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either panty fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. https://www.flsenate.gov/Laws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. govinfo. gov/content/pkg/US CODE-2010-title42/htmllLISCODE- 2010-title42-cha 8p 5.htm https://www.law.cornell.edu/uscode/text/42/chapter-85_ b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www. ovg info.gov/content/pkg/IJSCODE-2011-title33/df/LJSCODE- 2011-title33-chap26.pdf https://www,law,comell.edu/uscode/text/33/ohNter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcement/resource-conservation-and-recovery-act- rcra-and-federal-facilities https://www.law.cornelI.edu/cfi/text/40/247.1 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.cornell.edu/cfr/text/24/570.605 4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. NAMT COVID-19 ES20-05 Rapid Rehousing and Oulreach Page 30 �AO https://www. gpo.goy/fdsys/granule/CFR-2000-title24-vol3/CFR-2000-title24-vol3- sec570-608-id163 4.32 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.nps.gov/histoiy/local-law/nhpal966.htm htt s://www.ach . ov/sites/default/files/re ulations/2017-02/re s-revO4. df In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https://www.nps.gov/histoiy/local-law/nhpal 9661tm 4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 US 701). https://www.gpo.gov/fdss/granule/USCODE-2009-title4l/USCODE-2009-title41- chap10-sec70l 4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive oeder 12549. htt s://www.archives. ov/federal-re ister/codification/executive-order/12549.html 4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach Page 31 �A� https: //www.ecfr.Pov/cgi-bin/text- idx?SID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&rgn di v8 4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576,408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https://www.gpo. og v/fdsys/granule/CFR-2009-title49-voll/CFR-2009-title49-yolI-part24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. htip://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search_Strin g=&URL=0200-0299/02 87/Sections/0287.13 3 .html 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in anyway or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). NAMI COVID-19 Rapid o Rapid Rehousing and Outreach Page 32 https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title4I - chap 10-sec701/content-detail.html 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.jzov/polial/content/I 04877 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr. gov/cgi-bin/text- idx?SID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn—div6 https://www.law.cornell.edu/cfr/text/24/5.1 11 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(l1)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) htt s://www.federalre ister. g ov/documents/2016/12/20/2016-30241/runawa -and- homeiess 4.44 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalrep,ister.gov/documents/2016/11/16/2016-25888/violence-a ag inst- women-reauthorization-act-of-2013 -implementation-in-hud-housin.g-programs 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statutes 713.20, Pain 1, Construction Liens https://www.log.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0713/0713.html NAM[ COVID-[9 ES20-05 Rapid Rehousing and Outreach Page 33 C�� 4.47 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_ Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 4.48 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.US/Statutes/index.ofm?App mode —Display Statute&URL=0100- 0199/0119/Sections/0119.071.htm1 4.49 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lek. 4.50 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/paitnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive DOJ/BJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.51 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory. dffor more details. 4.52 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. NAMI COVID-14 ES20.05 Rapid Rehousing and Outreach O Page 34 ��Q 4.53 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.54 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.55 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.56 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https://ojl2.gov/fundin IExplore/ProhibitedConduct-Traffickin,.htm. 4.57 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.58 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https ://www. ecfr. gov/cgi bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37:1 .401 &r=PART&ty=HTML (Signature Page to Follow) NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 35 G� IN WITNESS WHEREOF, the SIJBRECIPIEN`I' and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the (late first written above. ATTEST:, CRY ` A,L °K. KINZEL, CLERK Attest as to.Chairrr ijity Cleric listed: Al at(v r (SEAL) Approved as to form and legality: ,term A. Belpedio Assistant County Attorney Date: Z, a 3 ` A 1 BOARplTY, UNTY COMMISSIONERS OF COLLIFLOR By. P NY TA )R, CHA[ ERSON Data: _13 L2 i NAM[ COLLIER COUNTY, INC. By: P""� PAMELA BA � , CI-IIEF EXECUTIVE OFFICER Date:y / Z fay I NAM[ C'OVID-19 ES20.05 Ripid Rehousing caul Oulreach Page 36 � G� EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes, 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional. insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services. performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 37 G�► identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. NAMI COVID-19 ES20-05 GAS Rapid Rehousing and outreach Page 38 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: _ Payment Request # Total Payment Minus Retainage Period of Availability: _ through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4, Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed, Signature Title Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000 and above) NAMI COVID-19 E820-05 Rapid Rchousing and Oulreach Page 39 EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Performance Report Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Characteristics Report Report Selection Criteria Characteristics Report Report Selection Criteria Ethnicit Race Non - Hispanic His anic White Black/African American Asian American Indian/Alaskan Native . Native Hawaiian/Other Pacific Islander 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, by categories: a. Number of individual households (singles) Male Female Unaccompanied 18 and over Unaccompanied 17 and under b. Number of Families with children Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL NAMI COVID-19 ES20.05 Rapid Rehousing and Outreach Page 40 4. Total nroiect(s)/service(s) P> ovided to clients in range: a. emergeneX shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol/drug g. childcare h. employment i. transitional J. outreach k, soup kitchen/meal distribution 1. health care m. HIV/AIDS services n, other lease list 5. Number of clients served by sub po ulation (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse (alcohol and/or drug) b. Victims of Domestic Violence g. Severely Mentally III c. Elderly h. Runaway / throwaway youth d. Veterans i. Other disability (Physical and/or Developmental) e. Individuals with HIV/AIDS (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed bv shelter e: Barracks Mobile Home/Trailer Grou /Lai e House Hotel/Motel Scattered Site Apartment Other Apartment/Complex Single Family Detached House Other Sin le-FamilyDuplex Single Room Occupancy Other TOTAL 7. Ex enditures for Rai3id Rehousing Relocation and Stabilization Services - Financial Assistance $ elocation an Sta i ization Services - Services $ Hazard Pay (unique activity) $ Landlord Incentives (unique activity) $ Volunteer Incentives (unique activity) $ raining (unique activity) $ Subtotal Homelessness Prevention NAMI COVI❑-19 F-S20-05 Rapid Rehousing and Outreach Page 41 V Expenditures for Outreach Essential Services Hazard Pay (unique activity) $ andwas ing stations portable bat rooms unique activity) Volunteer Incentives (unique activity) $ Training (unique activity) $ Subtotal Temporary Emergency Shelter Total ESG-CV Expenditures 1 hereby certify the above information is true and accurate. Signature; Printed Name: Title: Date: Your lyped name here represents your electronic signature. NAMI COVID-19 E520-05 Rapid Rehousing and Outreach Page 42 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR fart 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year D Last Date of Fiscal Year D Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by , Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ 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 infonnation is true and accurate. Signature Date Print Name and Title NAM] COVID-19 ES20-05 06/18 Rapid Rehousing and Outreach Page 43 C.� EXHIBIT E HUD EMERGENCY SOLUTIONS GRANT (ESG ) R.A.PID RE -HOUSING and HOMELESSNESS PREVENTION ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance necessary, under the following ESG components, to: A. Rapid Re -housing - help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing, as described in 24 CFR 576.104 subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES Act, and B. Homelessness Prevention — prevent an individual or family from moving into an emergency shelter or other housing that has characteristics associated with instability and/or an increased risk of homelessness, as described in 24 CFR 576.103 subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES Act. Supportive Services: The SUBRECIPIENT must assist each program participant, as needed, to obtain: A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. B. Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including: (i.) Medicaid (42 CFR chapter IV, subchapter C) (ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283) (iii.) Women, Infants, and Children (WIC) (7 CFR part 246) (iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617, 625, 640, 650) (v.) Social Security Disability Insurance (SSDI) (20 CFR part 404) (vi.) Supplemental Security Income (SSI) (20 CFR part 416) (vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c) Participation of Homeless/Formerly Homeless Individuals: The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy -making entity that considers and makes policies and decisions regarding any facility, services, or other assistance received through this Agreement. Further, to the maximum extent practicable, the NAMI COVID-19 ES20.05 Rapid Rehousing and Outreach Page 44 O SUBRECIPIENT shall involve homeless individuals and families, through employment or as volunteers, in maintaining and operating facilities, providing activities for, and providing services to occupants of facilities assisted through this Agreement. Confidentiality: A. The SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential. (ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter. (iii) The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with -state and local laws regarding privacy and obligations of confidentiality. B. The SUBRECIPIENT'S confidentiality procedures rust be in writing and must be maintained in accordance with this section. Evaluation of Program Participant's Eligibility and Needs: Rapid Rehousing Assistance Evaluation A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance, and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). B. Re-evaluations for rapid re -housing assistance. The SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once annually for program participants receiving rapid re- housing assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG rapid rehousing assistance. C. The SUBRECIPIENT must require each program participant receiving ESG rapid rehousing assistance assistance to notify it regarding changes in the program participant's Income or other NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 45 circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Homelessness Prevention Assistance Evaluation D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each individual's or family's eligibility for ESG homelessness prevention assistance and the amount and type of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b), SUBRECIPIENTS are required to re-evaluate the program participant's eligibility, not less than every three (3) months. However, a temporary waiver, to reduce the spread of COVID- 19, was approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six (6) months, for a period of up to two (2) years. As such, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once every six (6) months for program participants receiving homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG homelessness prevention assistance. F. The SUBRECIPIENT must require each program participant receiving ESG assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and type of assistance the program participant needs. Rental Assistance Agreement: The SUBRECIPIENT may make rental assistance payments only to an owner with whom the SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided. The rental assistance agreement must provide that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. NAM1 cov1D-19 ES20-05 Rapid Rehousing and Outreach Page 46 The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease. The SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non- ESG funds. Leases: The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing with project -based rental assistance, the lease must have an initial term of one year. Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888, and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507. However, during the six months beginning March 31, 2020, the FMR restriction is waived for an individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness Prevention assistance, under this. Agreement. The SUBRECIPIENT must still ensure the units in which ESG assistance is provided to these individuals and families meet the reasonable standard. Case Management: The SUBRECIPIENT must require each program participant to meet with a case manager not less than once per month to assist the participant in ensuring long-term housing stability; and to develop a plan to assist the program participant to retain permanent housing after the ESG assistance ends. The case manager must take into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq) prohibits that recipient or SUBRECIPIENT from making its shelter or housing conditional on the participant's acceptance of services Tenant -Based Rental Assistance: A. A program participant who receives tenant -based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements. NAMI COVID-19 E820-05 Rapid Rehousing and Outreach Page 47 v B. The SUBRECIPIENT may require that all program participants live within a particular area for the period in which the rental assistance is provided. C. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if- (i) The program participant moves out of the housing unit for which the program participant has a lease; (ii) The lease terminates and is not renewed; or (iii)The program participant becomes ineligible to receive ESG rental assistance. D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a participant/tenant, it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP, unless the COUNTY terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. Meaningful Access to the ESG Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English (limited English proficient persons or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities for LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. NAM[ COV1D-19 Es20-05 Rapid Rehousing acid Outreach Page 48 V� Terminating Assistance: If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT. This process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. Additionally, should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal process. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of; A. Written notice to the program participant containing a clear statement of the reasons for termination, B. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual Housing Quality Standards: The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c). Lead -Based Paint Remediation and Disclosure: The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, 3, K, M, and R apply to all housing occupied by program participants. NAMI COVID-19 Es20.05 Rapid Rehousing and Outreach Page 49 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c); Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title 11 of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) .Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's-water supply must be flee of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition- (8) Illumination and electricity.The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing -impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire -or other emergency. NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 50 EXHIBIT G ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach Page 51 ("�' (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR pant 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated. assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance, and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. NAMI COVID-19 ES20-05 Rapid Rehousing and Outreach ['age 52 d (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and. safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance. (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services provided to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant may receive assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim services or legal services provider, it may use a comparable database that collects client -level data over time (Le., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. NAMI COVID-19 Es20-05 Rapid Rehousing and Outreach O Page 53 FAIN # E-20-UW-12-0016 Federal Award Date 09/22/20 Federal Award Agency HUD CFDA Name Emergency Solutions Grant (ESG-CV) CARES Act Funding CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $546,415.20 Subrecipient Name The Shelter for Abused Women & Children, Inc. DUNS# 836680769 FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance September 22, 2020 — September 21, 2022 Fiscal Year End 6/30 Monitor End: 9/30 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SAWCC) Shelter Operations, Improvements, and Technology COVID-19 Assistance THIS AGREEMENT is made and entered into this R Yot day of G , 2021, by and between Collier• County, a political subdivision of the State of Florida, (COUNTY) having its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and. THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SUBRECIPIENT) having its principal office at PO Box 10102, Naples, FL 34101. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement an Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the Emergency Solutions Grant Program -- CARES Act Funding, Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq., and the CARES Act, Public Law 116-136); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid rehousing assistance, and Homeless Management Information System [HMIS]); and The Shelter COVID-19 E820-04 Operations, Improvements and Technology Page 1 CA0,, WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for the ESG Program on June 25, 2019 — Agenda Item 16.D.2 . WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26, 2020; and WHEREAS, the Board of County Commissioners of Collier County (Board) approved substantial amendments to the Collier County Consolidated Plan for additional funding from the ESG-CV Program Round 1 on May 12, 2020 — Agenda Item 16.F.1.F ,and ESG-CV Program Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and WHEREAS, in accordance with the HUD Community Planning and Development Grant Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for participation in the Collier County ESG Program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the COVID-19 Project (ES20-04) ESG COVID-19 Shelter Operations, Improvements, and Technology. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: Project Name: ESG COVID-19 Shelter Operations, Improvements, and Technology Description of project and outcome: Shelter operation expenses to expand and improve in the prevention, preparation and response to COVID-19. Project Component One: Shelter Operation Expenses which may include but are not limited to, supplies, repairs/maintenance, technology, utilities, PPE, sanitization Project Component Two: Transportation costs which may include bus passes, taxis, uber Project Component Three: Shelter Personnel which may include the salaries and benefits for those assisting in COVID-19 related prevention, preparation and response The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 2 1. Project Tasks: To prepare, prevent and respond to the changing needs of the staff and clients during the COVID-19 pandemic while providing shelter for abused women & children b. Maintain documentation on all households served in compliance with 24 CFR 576.500 c. Provide quarterly reports on ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with ESG CV funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver a detailed project schedule for the completion of the project to CHS for approval. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Conflict of Interest Policy ® Procurement Policy ® Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 Policy ® Section 504/ADA Policy ® Fraud, Waste, and Abuse Policy ® Limited English Proficiency Policy (LEP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) for the ESG program - No program costs can be incurred until an environmental review of the proposed project is The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 3 completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training All SUBRECIPIENT staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training and all other CHS-offered income certification training. E. Pursuant to HUD CPD NOTICE 20-08, dated September 1, 2020, Section III.E.2. Pre Award Costs: "To account for the urgent activities and costs ESG recipients and subrecipients have undertaken to prevent, prepare for, and respond to coronavirus, the recipient is authorized to use ESG-CV funds to cover or reimburse costs incurred before the period of performance provided that the cost to be covered or reimbursed would be otherwise allowable under the flexibilities and requirements established for ESG-CV funds and was incurred by a recipient or subrecipient on or after January 21, 2020 to prevent, prepare for, and respond to coronavirus. In addition, where this Notice limits activities in comparison with 24 CFR Part 576 (e.g., the maximum rental assistance per program participant in Section III.E.5.b.(i)@ of this Notice), a recipient may cover or reimburse costs incurred before the period of performance, provided that the cost to be covered or reimbursed would be otherwise allowable under 24 CFR Part 576 and: (a) The costs were incurred prior to the publication of this Notice 1.2 PROJECT DETAILS A. Project Description/Budget Description Federal Amount Project Component 1: Shelter Operation Expenses $77,153.00 which may include but are not limited to, supplies, repairs/maintenance, technology, utilities, PPE, sanitizing Project Component 2: Shelter Transportation which $0.00* may include bus passes, taxis, uber The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 4 Project Component 3: Shelter Personnel which may $469,262.20 include the salaries and benefits for those assisting in COVID-19 related prevention, preparation and response Total Federal Funds: $546,415.20 *TBD —Component 2 may receive a future allocation by amendment to this Agreement. The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget between Project Component 1 and Project Component 2, as needed, in order to respond to the needs of the community. Total expenditures may not exceed the Total Federal Funds. The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ❑ Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT Location ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS ❑ Ensure attendance by a SUBRECIPIENT and General Contractor at Pre - Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed (NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (LIRA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibits E, F, and G. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement A reement execution The shelter COVID-19 Es20-04 Operations, Improvements and Technology Page S Gd Insurance Insurance Certificate Within 30 days of Agreement execution and annually within thirty 30 days of renewal Detailed Project Schedule Project Schedule Within sixty (60) days of Agreement execution Project Plans and NA NA Specifications Subcontractor Log NA NA Submission of Progress Exhibit C and HMIS/SAGE Quarterly reports, within 10 days Report CSV Upload after the end of the quarter. Final report due 60 days after final services provided or the Agreement ends, whichever is earlier. Section 3 Report Quarterly reports on new Quarterly; within 10 days after hire information the end of the quarter, until project is complete. Davis -Bacon Act Certified NA NA Payroll Financial and Compliance Audit, Management Letter, Annually; nine (9) months after Audit and Exhibit D FY end for Single Audit OR one hundred eighty (180) days after FY end Revenue Plan for NA NA maintenance and Capital Reserve Continued Use NA NA Certification Program Income Reuse NA NA Plan Income Documentation I ESG applicable form I N/A D. Performance Deliverables 1 SUBRECIPIENT must expend 20 percent of the total award no later than August 31, 2021. If SUBRECIPIENT does not meet this requirement, HUD may reduce the award and recapture up to 20 percent of the funds. 2 SUBRECIPIENT must expend 80 percent of the total award no later than February 28, 2022. If SUBRECIPIEN does not meet this requirement, HUD may reduce the award and recapture up to 80 percent of the funds. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 6 E. Payment Deliverables Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Shelter Exhibit B along with invoice as Monthly, by 10' of Operation Expenses which evidenced by cancelled checks, bank the month following may include but are not statements, and any other documents the month of service limited to, supplies, as requested. repairs/maintenance, technology, utilities, PPE, sanitizing Project Component 2: Shelter Exhibit B along with invoice/receipt Monthly, by 10" of Transportation which may as evidenced by cancelled checks, the month following include bus passes, taxis, uber bank statements and any other the month of service documents as requested Project Component 3: SheIter Exhibit B along with documentation Monthly, by 10th of Personnel (PA) which may including but not limited to the month following include the salaries and timesheets, payroll, banking, canceled the month of service benefits for those assisting in checks and any additional documents COVID-19 related prevention, as requested. preparation and response 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on September 22, 2020 and end on September 21, 2022. SUBRECIPIENT services/activities shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available FIVE HUNDRED FORTY SIX THOUSAND FOUR HUNDRED FIFTEEN DOLLARS AND TWENTY CENTS ($546,415.20) for use by SUBRECIPIENT during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components is allowed with prior written approval, by the COUNTY. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 7 All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT or its subcontractors who meet Federal requirements. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY. shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to SUBRECIPIENT for ESG expenditures are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of the Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93, Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT' S contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and contractors shall comply with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is and The Shelter COVID-f 9 B820-04 Operations, Improvements and Technology Page 8 r {a� 's J may impose requirements upon the Developer, to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: carolyn.nobleacolliercouniyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer The Shelter for Abused Women & Children PO Box 10102 Naples, FL 34101 Email: loborhaus@naplesshelter.org Telephone: (239) 280-1350 Remainder of Page Intentionally Left Blank The Shelter COVID-19 ES20-04 operations, Improvements and Technology Page 9 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning subrecipient audits and 2 CFR 200.501. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with ESG program regulations, as provided in Exhibits E, F, and G, to determine compliance with the requirements of this Agreement, the requisite Programs, and all other applicable Iaws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY, ay any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail to properly reflect all net costs, direct and indirect labor, The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 10 �� materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for three (3) years after the date of submission of the annual performance and evaluation report, as described in 2 CFR 200.334. However, if any litigation, claim, or audit is started before the expiration date of the three (3) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing of the address where the records are to be kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement; and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercounbf.gov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. Income certification documentation will be validated at interim and closeout monitorings. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program components; applicable regulations included in Exhibits E, F, and G; and the eligibility requircment(s) under which funding was received. This also includes special requirements such as necessary and appropriate determinations, as defined in the The Sheller COVID-19 BS20-04 Operations, Improvements and Technology Page 11 applicable exhibit, including income certification and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the COUNTY no later than nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. Upon request by CHS, SUBRECIPIENT shall submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports, SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the SUBRECIPIENT's performance to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the The Shelter COVID-14 ES20-04 Operations, Improvements and Technology Page 12 ,.� a: performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented and readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of this Agreement or any law or regulation, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: I. Initial noncompliance may result in CHS issuing Findings or Concerns to the SUBRECIPIENT. SUBRECIPIENT is required to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. CHS may require upwards of 5 percent of the award amount returned to the COUNTY, at the discretion of the Board. SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 13 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. 0 CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 4. If after repeated notification, the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. 0 CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. a The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards, at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports and the resolution of identified monitoring findings pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfilling this requirement. Other reporting requirements may be required by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports The shelter COVID-l9 ES20-04 Operations, Improvements and Technology Page 14 and/or requested documentation not received by the due date shall be considered_ delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentially Left Blank The Sheller COVID-19 ES20-04 Operations, fmprovements and Technology Page 15 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407; (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for Developers, revenue generated is not considered program income. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent of the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY' S Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The Shelter COVID-19 E520-04 Operations, Improvements and Technology Page 16 4; v The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided ESG grant funds and must be implemented in full compliance with all HUD's rules and regulations and any agreement between COUNTY and HUD governing grant funds pertaining to this Agreement. In the event of curtailment or non -production of said federal or state funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including, but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, and pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the Iimits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. The Shelter COVID-19 E820-04 Operations, Improvements and Tedmology Page 17 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The COUNTY may also terminate this Agreement if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix II (A): A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time The Shelter COVID-19 DS20-04 Operations, Improvements and Technology Page 1E3 r \ B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT relating to the Project Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional properly management C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds that SUBRECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments, until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The Shelter COVID- l 9 020-04 Operations, Improvements and Tectutology Page 19 �+� ' The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), the federal regulations for the ESG grant funds (24 CFR 576 et seq). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317 through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended, Current purchasing thresholds are:. Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards Range: Competition Required $0 - $3,000 Single Quote with Documentation $3,001 - $50,000 3 Written Quotes $50,001+ Formal Solicitation QTB, RFP, etc. During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided that SUBRECIPIENT submits sufficient documentation to support cost reasonableness. Acceptance of said documentation shall be at the COUNTY's sole discretion. If the Declared State of Emergency expires before December 30, 2020, SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is used for purchases under this Agreement. Regardless of the state of emergency, any The Shelter COVIB-19 ES20-04 Operations, Improvements and Technology Page 20 {, purchase in excess of 250,000 will be assessed using a price or cost analysis approved by CHS, prior to purchase. In accordance with 2 CFR 200,322, to the greatest extent practicable, SUBRECIPIENT shall provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2CFR 200.323. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of CDBG-CV funds disbursed under this Agreement, such Program Income shall be utilized by the SUBRECIPIENT for CDBG-CV eligible activities approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by CDBG-CV funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 570.503(c) in the operation of the Program. When Program Income is generated by an activity that is only partially assisted by CDBG-CV funds, the income shall be prorated to reflect the percentage of CDBG-CV funds used. If there is a Program Income balance at the end of the Program Year, such balance shall revert to the COUNTY's CDBG Program, for further reallocation. Note to GC: THIS WHOLE SECTION IS MODIFIABLE FOR TAILORING TO THE SPECIFIC AGREEMENT. PLEASE CHOOSE THE APPLICABLE CATEGORY BELOW, ADD WHATEVER ELSE IS NEEDED, AND REMOVE THIS SENTENCE AND ANY OTHER ITEMS THAT DO NOT APPLY. Purchase of Equipment, Equipment under the SUBRECIPIENT'S control that was acquired or improved, in whole or in part, with CDBG-CV funds shall be used to meet one of the CDBG-CV National Objectives, pursuant to 24 CFR 570,208, during the continued use period, as referenced in section 3.14 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the CDBG-CV-assisted equipment in a manner that meets a CDBG-CV National Objective, the SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG-CV funds used to acquire the equipment. The shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 21 > Equipment no longer needed by the SUBRECIPIENT for CDBG-CV eligible activities under this Agreement shall be: (a) transferred to the COUNTY for use elsewhere in the CDBG-CV program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-CDBG-CV funds used to acquire the equipment. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout period ends. Activities during this closeout period shall include, but are not limited to: malting final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terns and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic opportunities be directed to low and very low income residents of the Project area. In addition, contracts for training and employment in connection with the project shall be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located, to greatest extent £easibble. The Shelter COVID-14 ES20-04 Operations, Improvements and Technology Page 22 ti To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG; providing services assisted under ESG; and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services, Section 3 is relative to any of the SUBRECIPIENT's subcontractors and their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (I5 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding through this Agreement must be homeless or at risk of homelessness. Tenant income eligibility will be validated with supporting documentation during interim and closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The COUNTY shall provide the SUBRECIPIENT with Affirmative Action guidelines to assist in the formulation of such program. The SUBRECIPIENT shall submit its plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during this Agreement's period of performance, the updated plan must be submitted to the COUNTY within 30 days of any update/modification. The shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 23 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial direct or indirect interest in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement. In addition, no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 2 CFR 576.404 "Conflict of Interest", 2 CFR 200.318, FL Statute 287,057 and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a coveted person or an entity owned or controlled, in whole or in pant, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided however that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located, regarding the condition of the structure and the operation of the housing. 3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.23 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). The Shelter COVID-19 ES20.04 Operations, Improvements and Technology Page 24 F 01 �� r 3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.25 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion, B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part, Sanctuaries, chapels, or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.26 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 25 3.27 SEVERABZLITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or part thereof. Remainder of Page Intentionally Left Blank The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 26 PART IV GENERAL PROVISIONS 4.1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. htts://www.ecfr. ov/c i-bin/text- idx?SID=lacdb92f3b05c3f285dd76c26dl4f54e&mc=true&node— t24.1.58&r n=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended https://www.hudexchanize.info/resource/2184/housing-and-community-development-hed-act-of- 1974/ 4.4 Title VI of the Civil Rights Act of 1964 as amended, httl2s://www.hud.goy/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended https://www.eeoc.gov/laws/statutes/titievii.efm 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2f93 cdadfO8974315fa2bfdf4cec;rgn=d_iv5,view--text;node=24%3A3. l .1.3.8;idno=24; cc_=ecfr htts://www.ecfr. ov/c i-bin/text-idx?r =div5&node=24:1.1.1.1.5#se24.1.5 1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-I1246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www.eeoc.gov/laws/statutes/titievii.cfm The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 27 4.8 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.bud, gov/sites/dfiles/FHEO/documents/Section3r-uleG92820.pdf The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns thatprovide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is Iocated; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. httl2s://www.hud.gov/sites/documents/DOC_ 12047.PDF The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 28 �i�f The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that: would prevent compliance with these requirements, htts://www.ccfr. ov/c i-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr135 main 02,tpl 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.jzov/ofccp/rejzs/statutes/eol 1246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive- order/11478.html 12107:https://www.archives. gov/federal-register/codification/executive-order/12107.html 12086:https://www.archives. gov/federal-register/codification/executive-order/l 2086.html 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106, https://www.jzovreizs.com/regulations/expand/title24 12art5 subvartA section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa.gov/ocr 29 USC 776: https://law.onecle.com/uscode/2gn76.html 24 CFR 570,614. https://www.law.comell.edulefr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://vc+ww.hud. og v/hudprojzrams/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, https://www.ihwa.dot.gov/real—estate/uniform—act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects, HUD Form 4010 must be included in all construction contracts funded by CDBG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-section276a- 7&num=0&ed ition=1999 The Shelter COWD-19 1rS20-04 Operations, improvements and Technology Page 29 29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.comell.edu/cfr/text/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally ,Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.comell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 hltps-//www.govinfo.gov/Contgnt/pkg/LJSCODE-2010- title l8lpdf/USCODE-2010-title18.pdf 40 U.S.C. 276c https://uscode.house-gov/view.xhtml?req=granuleid:USC-1999-tit_l_e40- section276c&num=0&edition=1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/ 11625.htm1 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr. gov/cgi-bin/text- idx?c=ecfr;sid=dc4c2t93 cdadfU8974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3. 1.1. 3.8, idno=24;cc=ecfr E.O. 13279: https//www.fedgovcontracts.comipe02-96.htm 4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988. httt)s://www.ncbi.nlm.nih.lzoy/pubmed/12289709 The Shelter COVID-19 Es20-04 Operations, Improvements and Technology Page 30 s. 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act, https://www.hud.gov/sites/documents/DOC_7771.PDF hgps://www.justice.gov/crt/fair-housing-act-I Executive Order 11063 — Equal Opportunity in Housing https://www.archives. gov/federal-register/codification/executive-order/l 1063 .html Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/codification/executive-order/l 2259.htm1 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.edu/cfr/text/24/Tart- 107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. htts://www.ecfr, ov/c i-bin/text-idx?t 1=/eefrbrowse/Title02/2cfr200 main 02.t 1 4.22 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.ceoc.izov/eeoc/histoEL/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part 1II, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311, Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes_ chapter _112�art _i ii Collier County- http://www.colliergov.net/home/showdocument?id=35137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. The Shelter COVID-19 E820-04 operations, Improvements and Technology Page 31 t- �- i Y 4.26 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WANE 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-govALaws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. o�gov/content/pkgIUSCODE-2010-title42/htmUUSCODE- 2010-title42-chap85.htm https://www.law.comell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkp-/USCODE-201 I -title33/ df/USCODE- 2011-title3 3-chap26.pdf https://www.law.comell.edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines. https://www. ei)a. gov/enforcement/resource-conservation-and-recoverv-act-rcra-and- federal-facilities https://www.law.comell.edu/cfr/text/40/247.1 The Shelter COVID-19 M20-04 Operations, Improvements and Technology Page 32 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 US 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National FIood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. hlips://www.law.comell.edu/cfr/text/24/570.605 4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https : //www. gpo. gov/fdsys/granule/CFR-20 0 0 -title24-vol3/CFR-2000-title24-vo 13 - sec570-608-id 163 4.32 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.nps.gov/history/local-law/nhpal966.htm https://www.achl2. gov/s ites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https://www.nps.gov/history/local-law/nhpal 966, htm 4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www. gpo. gov/fdsys/r~ranule[USCODE-2 009-title4l /US CODE-2009-title4 l - chapl0-sec70l 4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive oeder 12549. https://www. archives. gov/federal-register/codification/executive-order/ 12549.html The Shelter COVID-19 FS20-04 Operations, Improvements and Technology Page 33 4.35 - The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. hops://www.eefr. gov/cgi-bin/text- idx?S_ ID=5a78addefff9a535e83fed3010308aef&mc=true&node=se2.1.200_1344&ran=di v8 4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). bMs://www.gpo.gov/fdsys/granuie/CFR-2009-title49-vol 1/CFR-2009-title49-vol 1-part24 4.38 As provided in § 287,133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Sei vices within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display, Statute&Search_Strin g=&URL=0200-029910287/Sections/0287.133.htm1 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated fiends have been paid or will be paid to any person for The Shelter COVID-19 ES20.04 Operations, Improvements and Technology Page 34 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fds; +ems/granule/USCODE-2009-title4l/USCODE-2009-title4 i - chap 10-sec701/content-detail.html 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/I 04877 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https ://www.ecfr. gov/c gi-bin/text- idx?S ID=e339ece9fdfd 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn-ciiv6 https://www.law.comell.edu/cfr/text/24/5.111_ 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vcnto Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalre ister.gov/documents/2016/12/20/2016-30241/runaway homeless -youth The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 35 4.44 HUD Final Rule — Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www. federalregister. gov/documents/2016/ 11 / 16/2016-25 8 8 8/violence-against- women-reauthorization-act-of-2013-implementation-in-hud-housing-pro rg ams 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statutes 713.20, Part 1, Construction Liens hltps://www.leg.state.fl.us/Statutes/index.cfrn?App mode=Displgy Statute&URL=0700- 0799/0713/0713.html 4.47 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App made=Displax Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.48 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statuto&UR_ L=01_00- 0199/0119/Sections/0119.07 Lhtml 4.49 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.50 Equal Treatment of Faith -Based Organizations: By regulation, DOJBJA prohibits all recipient organizations from using financial assistance from DOJBJA to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https://ojp.gov/about/ocr/partnership_s.h_t_m. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive DOJBJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.51 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See htti2s://o-jp.gov/about/ocr/pdfs/UseofConviction Advisory_.pdf for more details. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 36 4.52 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or. attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any Iegislation pending before local, state, or federal legislatures. 4.53 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.54 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.55 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.56 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at hgps://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. The shelter COVID-19 MO-04 Operations, Improvements and Technology Page 37 4.57 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal fiends, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.58 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. https://www.ecfr.gov/cg_i- bin/retrieveECFR?gp-&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n= tp 37.1 .401 &r✓PART&ty=HTML (Signature Page to Follotiv) The Shelter CO'VID-19 ES20-04 Operations, Improvements and Technology Page 3g 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.rKINZEL, CLERIC Af es$ as t4 C#i8i's , rmanDeputy Clerk sf 1] titl`�`bY. ' _ :1 - Dated: 44 a-ka latat (SEAL) Approved as to form and legality: BOARD QFeOYJNTY COMMMIONERS OF COLLIER,'eWINTY, FLORID By: ENNY TAYLOR, CHAIRPERSOTA Date: THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. By: INDA OBERHAUS, CHIEF EXECUTIVE OFFICER Date: Jennifer . Belpedio Assistant County Attorney Date: 2 a Irlrc Shellcr COVID-19 FS20.0d Operations, Improvements and'rechnology Page 39 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: I. 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. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE OF APPLICABLE) In addition to the insurance required in I — 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 I — 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: Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area The shelter CO'VID-19 FS20-04 Operations, Improvements and Technology Page 40 f f identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement: 7. Workers' Compensation as required by Chapter 440, Florida Statutes. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. The Shelter COVID-19 Es20-04 Operations, Improvements and Technology Page 41 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: Payment Request # Total Payment Minus Retainage Period of Availability; through Period for which the Agency has incurred the indebtedness hrough SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of lily knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) The shelter COVID-19 PS20-04 Operations, Improvements and Technology Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 42 EXHIBIT C Emergency Solutions Grants (ESG) Quarterly Report Report Period: Fiscal Year: Contract Number: Organizations: Program/s: Contact Name: Contact Number: Characteristics Report 1. Report Selection Criteria Characteristics Report 1. Report Selection Criteria Ethnicity Race Non - Hispanic His anic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, by categories: a. Number of individual households sin les Male Female Unaccompanied 18 and over Unaccompanied 17 and under b. Number of Families with children Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and under Number of Families with no children TOTAL The Shelter COVID-19 E820-04 Operations, Improvements and Technology Page 43 rep jj� Total proieet(s)/service(s) provided to clients in range: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d.food pantry e. mental health f alcohol/drug g. childcare h. employment i. transitional J. outreach k. soup kiteben/meal distribution 1. health care m. HIV/AIDS services n. other lease list 5. Number of clients served by sub po ulation (duplicated count : a. Chronically Homeless f Chronic Substance Abuse alcohol and/or drug) b. Victims of Domestic Violence g. Severely Mentally Ill c. Elderly h. Runaway / throwaway youth d. Veterans i. Other disability (Physical and/or Developmental e. Individuals with HIV/AIDS (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) 6. Clients housed by shelter type: Barracks Mobile Home/Trailer Group/Large House Hotel/Motel Scattered Site Apartment Other Apartment/Complex Single Family Detached House Other Single -Family Duplex Single Room Occupancy Other TOTAL 7. Expenditures for Rapid RehousiIW Relocation and Stabilization Services - Financial Assistance Relocation and Stabilization Services - Services azard Pay (unique activity) Landlord Incentives (unique activity) $ Volunteer Incentives (unique activity) $ Training (unique activity) $ Subtotal Homelessness Prevention The Shelter COVID-14 ES20.04 Operations, Improvements and Technology Page 44 rs 8. Expenditures for Outreach Essential Services Hazard Pay (unique activity) andwashing stations portable bathrooms unique activity) olunteer Incentives (unique activity Training (unique activity) ubtotal Temporary Emergency Shelter Total ESG-CV Expenditures I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date; Your lyped name here represents your electronic si nature. The Shelter COVID-19 ES20-04 Operations, improvements and Technology Page 45 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215 97) requirements. Subrecipient Name First Date of Fiscal Year MM/DD/Y Last Date of Fiscal Year MM/DD Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recent!completed Fiscal Year recently completed Fiscal Year S � 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 collective 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 The Shelter COVID-19 Es2a-04 Operations, Improvements and Technology Page 46 EXHIBIT E HUD EMERGENCY SOLUTIONS GRANT (ESG) RAPID RE -HOUSING and HOMELESSNESS PREVENTION ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance necessary, under the following ESG components, to: A. Rapid Rehousing - help a homeless individual or famility move as quickly as possible into permanent housing and achieve stability in that housing, as described in 24 CFR576.104, and B. Homelessness Prevention — prevent an individual or family from moving into an emergency shelter or other housing that has characteristics associated with instability and/or an increased risk of homelessness, as described in 24 CFR 576.103. Supportive Services: The SUBRECIPIENT must assist each program participant, as needed, to obtain: A, Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. B. Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including: Medicaid (42 CFR chapter IV, subchapter C) Supplemental Nutrition Assistance Program (7 CFR parts 271-283) Women, Infants, and Children (WIC) (7 CFR part 246) (iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617, 625, 640, 650) (v.) Social Security Disability Insurance (SSDI) (20 CFR part 404) (vi.) Supplemental Security Income (SSI) (20 CFR part 416) (vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c) Participation of Homeless/Formerly Homeless Individuals: The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy -making entity that considers and makes policies and decisions regarding any facility, services, or other assistance received through this Agreement. Further, to the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families, through employment or as volunteers, in maintaining and operating facilities, providing activities for, and providing services to occupants of facilities assisted through this Agreement. The Shelter COVID-19 B820-04 Operations, Improvements and'fechnology Yage47 1�- Confidentiality: A. The SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential. (ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter. (iii) The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. B. The SUBRECIPIENT'S confidentiality procedures must be in writing and must be maintained in accordance with this section. Evaluation of Program Participant's Eligibility and Needs: Rapid Rehousing Assistance Evaluation A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance, and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). B. Re-evaluations for rapid re -housing assistance. The SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not Iess than once annually for program participants receiving rapid re- housing assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG rapid rehousing assistance. C. The SUBRECIPIENT must require each program participant receiving ESG rapid rehousing assistance assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. The Shelter COVID-19 M20-04 Operations, Improvements and Technalogy Page 48 J` Homelessness Prevention Assistance Evaluation D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each individual's or family's eligibility for ESG homelessness prevention assistance and the amount and type of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b), SUBRECIPIENTS are required to re-evaluate the program participant's eligibility, not less than every three (3) months. However, a temporary waiver, to reduce the spread of COVID- 19, was approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six (6) months, for a period of up to two (2) years. As such, the SU13RECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once every six (6) months for program participants receiving homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG homelessness prevention assistance. F. The SUBRECIPIENT must require each program participant receiving ESG assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and type of assistance the program participant needs. Rental Assistance Agreement: The SUBRECIPIENT may make rental assistance payments only to an owner with whom the SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided. The rental assistance agreement must provide that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease. The The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 49 SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non- ESG funds. Leases: The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing with project -based rental assistance, the lease must have an initial term of one year. Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888, and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507. However, during the six months beginning March 31, 2020, the FMR restriction is waived for an individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness Prevention assistance, under this Agreement. The SUBRECIPIENT must still ensure the units in which ESG assistance is provided to these individuals and families meet the reasonable standard. Case Management: The SUBRECIPIENT must require each program participant to meet with a case manager not less than once per month to assist the participant in ensuring long-term housing stability; and to develop a plan to assist the program participant to retain permanent housing after the ESG assistance ends. The case manager must take into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT from making its shelter or housing conditional on the participant's acceptance of services Tenant -Based Rental Assistance: A. A program participant who receives tenant -based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements. B. The SUBRECIPIENT may require that all program participants Iive within a particular area for the period in which the rental assistance is provided. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 50 C. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if: W The program participant moves out of the housing unit for which the program participant has a lease; 00 The lease terminates and is not renewed; or (iii)The program participant becomes ineligible to receive ESG rental assistance. D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a participant/tenant, it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP, unless the COUNTY terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. Meaningful Access to the ESG Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English (limited English proficient persons or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities for LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. The Shelter COVID-19 ES20-04 Operations, Improvements and Technology Page 51 Terminating Assistance: If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT. This process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. Additionally, should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal process. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of: A. Written notice to the program participant containing a clear statement of the reasons for termination; B. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate ofthatperson) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual Housing Quality Standards: The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c). Lead -Based Paint Remediation and Disclosure: The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program participants. The Shelter COVID-19 ES20-04 Operations,lmprovemenis and Technology Page 52 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403 (c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFRpart 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing -impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. 71te shelter COVID-19 Hs20-04 Operations, Improvements and Technology Page 53 EXHIBIT G ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S,C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 ct seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) The shelter COVID-19 M20-04 Operations, Improvements and Technology Page 54 (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) (c) System and program coordination with mainstream resources. The SU13RECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted udder section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 14371) (respectively 24 CFR pants 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) . (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance, and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. The Shelter COVID-19 ES20-04 Operations, Improvements and'reclmology Page 59 p (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance. (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services provided to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant may receive assistance, or the maximum number of times the program participant may receive assistance. (#) Participation in HMIS. The SU13RECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUI3RECIPIENT is a victim services or legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. The Shelter COVID-19 FS20-©4 Operations, Improvements and Technology Page 56 i FAIN # I E-20-UW-12-0016 Federal Award Date 02/05/2021 Federal Award Agency HUD CFDA Name Emergency Solutions Grant (ESG CV) CARES Act Fundin CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $275,393.00 Subrecipient Name Collier County Hunger & Homeless Coalition, Inc. DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance January 1, 2021- September 21, 2022 Fiscal Year End 12/31 Monitor End: 12/22 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER & HOMELESS COALITION, INC. ESG-CV HOMELESSNESS PREVENTION THIS AGREEMENT is made and entered into this — da o _ , 2021, by and between Collier County, a political subdivision of the State of Florida, OUNTY) having its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY HUNGER & HOMELESS COALITION, INC. (CCHHC) (SUBRECIPIENT) having its principal office at 1791 Trade Center Way, Suite D, Naples, FL 34109. WHEREAS, the COUNTY has entered into an Agreement with the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement an Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq, and the CARES Act, Public Law 116-136; and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG-CV funds in preparing, preventing, and responding to COVID-19 by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness CCHHC COVID-19 ES21-02 Homelessness Prevention Page 1 t' prevention, rapid rehousing assistance, and Homeless Management Information System [HMIS]); and WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for the ESG Program on June 25, 2019 — Agenda Item 16.D.2 . WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period from April 21, 2020 to April 26, 2020; and WHEREAS, the Board of County Commissioners of Collier County (Board) approved substantial amendments to the Collier County Consolidated Plan for additional funding from the ESG-CV Program Round 1 on May 12, 2020 — Agenda Item 16.F.1.F, and ESG-CV Program Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and WHEREAS, in accordance with the HUD Community Planning and Development Grant Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for participation in the Collier County ESG Program; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the COVID-19 Project (ES20-02 ESG COVID-19 Homeless Prevention. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART SCOPE OF W K The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: Project Name: ESG COVID-19 Homeless Prevention Description of project and outcome: Expand and improve crisis response rental assistance to mitigate the risk of homelessness or eviction to those affected by COVID-19 for a period not longer than 12 months. Project Component One: Homelessness Prevention: Short- to Medium -Term rental assistance including but not limited to, rental arrears, first month rent, last month rent, security deposit, and utility deposits or payments. M it IC COVID-19 ES21-02 Homelessness Prevention Page 2 N Project Component Two: Incidentals including but not limited to, landlord incentives and rental application fees. Project Component Three: CCHHC Personnel; which may include the salaries for those assisting in COVID-19 related prevention, preparation, and response, including but not limited to the HMIS Administrator, Grants Administrator, and HMIS Data Specialist. 1. Project Tasks: a. To prepare, prevent, and respond to those at risk of homelessness using Homelessness Prevention b. Maintain documentation on all households serviced, in compliance with 24 CFR 576.500 c. Provide Quarterly reports on meeting an ESG-CV eligible activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with ESG-CV funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CI -IS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of this Agreement: ® Affirmative Fair Housing Policy ® Affirmative Action/Equal Opportunity Policy ® Affirmative Action Plan ® Conflict of Interest Policy ® Procurement Policy ❑ Uniform Relocation Act Policy ® Sexual Harassment Policy ® Section 3 ® Section 504/ADA Policy CCHHC COVID-19 ES21-02 Homelessness Prevention Page 3 ® Fraud, Waste, and Abuse Policy ® Language Assistance and Planning Policy (LAP) ® Violence Against Women Act (VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) for the' ESG program - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the issuance of the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training All SUBRECIPIENT staff assigned to the administration and implementation of the Project, established by this Agreement, shall attend the CHS-sponsored Annual Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered training, relevant to the Project, as determined by the Grants Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special condition, must be submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training. 1.2 PROJECT DETAILS A. Project Description/Budget Description Federal Amount Project Component 1: Homelessness Prevention: $215,393.00 Short- to Medium -Term rental assistance to include but not limited to, rental arrears, first month rent, last month rent, security deposit, and utility deposits or payments. Project Component 2: Incidentals to include, but not $10,000.00 limited landlord incentives and rental application fees. Project Component 3: CCHFIC Personnel which may $50,000.00 include the salaries for those assisting in COVID-19 related prevention, preparation, and response, to include but not limited to the HMIS Administrator, Grants Administrator and HMIS Data Specialist. Total Federal Funds: $275,393.00 CCHHC COVID-19 ES21-02 Ilomelessness Prevention Page 4 The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget between Project Component l and Project Component 2, as needed, in order to respond to the needs of the community. Total expenditures may not exceed the Total Federal Funds. The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly Reports on project progress ® Ensure attendance by a representative frorn executive management at quarterly partnership meetings, as requested by CHS ❑ Ensure attendance by a SUBRECIPIENT and General Contractor at Pre - Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed (NTP) ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ® Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis -Bacon Labor Standards ® Comply with Section 3 and maintain documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act (URA), if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible B. Program Components/Eligible Activities All services/activities funded must meet the program components, as detailed in Exhibits E, F, and G. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 Agreement Agree ent execution Insurance Insurance Certificate Within thirty (30) days of Agreement execution and annually within thirty (30) days of renewal Detailed Project Schedule NA NIA Project Plans and NA NA Specifications Subcontractor Log NA NA ccirHc cov[D-19 Es21-02 �..1 Homelessness Prevention,] Page 5 Submission of Progress Exhibit C and HMIS/SAGE Quarterly reports and upload, Report CSV Upload within 10 days after the end of the quarter. Final report due 60 days after final services provided or the Agreement ends, whichever is earlier. Section 3 Report Quarterly reports on new Quarterly; within 10 days after hire information the end of the quarter, until ra'ect is cam lete. Davis -Bacon Act Certified NA NA Payroll Annual Audit Monitoring Exhibit D Annually, within 60 days of FY Report end Financial and Compliance Audit, Management Letter, Annually; nine (9) months after Audit and Supporting FY end for Single Audit OR one Documentation hundred eighty (180) days after FY end Revenue Plan for NA NA maintenance and Capital Reserve Continued Use NA NA Certification Program Income Reuse NA NA Plan Income Documentation I NA I N/A D. Performance Measures 1. SUBRECIPIENT must expend 20 percent ($55,078.60) of the total award no later than July 31, 2021. If SUBRECIPIENT does not meet this requirement, HUD may reduce the award and recapture up to 20 percent of funds. 2. SUBRECIPIENT must expend 80 percent ($220,314.40) of the total award no later than January 31, 2022. If SUBRECIPIENT does not meet this requirement, HUD may reduce the award and recapture up to 80 percent of funds, CCHFIC COVID-19 ES21-02 Homelessness Prevention Page 6 E. Payment Deliverables Payment Deliverables Payment Deliverable Payment Sup op rthi Documentation Submission Schedule Project Component 1: Exhibit B along with documentation Monthly submission Homelessness Prevention: of at risk of homelessness, properly within 30 days of Short- to Medium -Term rental completed invoices and proof of rent prior month assistance to include but not payment as evidenced by cancelled limited to, rental arrears, first checks, bank statements, utility bills, month rent, last month rent, lease agreement, landlord agreement security deposit, and utility (initial payment only), and any deposits or payments additional documents as requested. Project Component 2: Exhibit B along with invoice for Monthly submission Incidentals to include, but not services evidenced by cancelled within 30 days of limited to landlord incentives checks, bank statements, and any prior month and rental application fees. additional documents as requested. Project Component 3: CCHHC Exhibit B along with properly Monthly submission Personnel which may include completed timesheets, payroll, within 30 days of the salaries for those assisting banking, canceled checks, and any prior month in COVID-19 related additional documents as requested. prevention, preparation, and response, to include but not Resume's will be required in the first limited to the HMIS payroll Administrator, Grants Administrator and HMIS Data Specialist. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall begin on January 1, 2021 and end on September 21, 2022. The SUBRECIPIENT services/activities shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of LIP to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 7 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available TWO HUNDRED SEVENTY FIVE THOUSAND THREE HUNDRED NINETY THREE DOLLARS AND ZERO CENTS ($275,393.00) for use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, shall be referred to as the "Funds"). Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund shifts between project components is allowed with prior written approval, by the COUNTY. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT or its subcontractors that meet Federal requirements. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the ininiinum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Laste submission of deliverables may cause payment suspension of any pay requests until the required deliverables are received by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice and in compliance with Section 218.70, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." CCHHC COVID-19 ES21-02 Homelessness Prevention Page 8 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT for ESG expenditures are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1,5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the SUBRECIPIENTS and contractors shall comply with 2 CFR Subpart E- Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples, Florida 34112 Email: carolyn.noble@colliercountyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT Michael Overway, Executive Director Collier County Hunger & Homeless Coalition, Inc. 1791 Trade Center Way Naples, FL 34109 Email: executivedirector@collierhomelesscoalition,org Telephone: (239)263-9363 CCHHC COVID-19 ES21-02 Hoineiessness Prevention i Page 9 .� PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of fixture payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with ESG program regulations, as provided in Exhibits E, F, and G, to determine compliance with the requirements of this Agreement, the requisite Programs, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY, at any time upon request by CHS, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. CCHHC COVI©-19 ES21-02 Homelessness Prevention Page 10 �� D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as described in 24 CFR 92.508(c). However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If the SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY in writing, of the address where the records are to be Dept, as outlined in 2 CFR 200,337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement; and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael. Cox rr,colliereountyfl.gov_, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT is responsible for the creation and maintenance of income eligible files on clients served and documentation that all households are eligible under HUD Income Guidelines. Income certification documentation will be validated at interim and closeout monitorings. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program components; the applicable regulations included in Exhibits E, F, and G; and the eligibility requirement(s) under which funding was received. This also includes special requirements such as necessary and appropriate determinations, as defined in the applicable exhibit, including income certification and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. CCHHC COVID-19 Es21-02 Homelessness Prevention Page 11 r' 2.3 MONITORING During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent on satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement, If corrective action is not taken by the SUBRECIPIENT within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and to provide proper and effective management of all Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events shall be clearly documented and be readily available for monitoring by COUNTY. SUBRECIPIENT shall provide COUNTY with complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. CCHHC COVED-19 Es21-02 Homelessness Prevention Page 12 1 SUBRECIPIENT may not discriminate against any employee or other person who reports to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of this Agreement or any law or regulation, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant fields from CHS. The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in Findings or Concerns being issued to the SUBRECIPIENT, which requires the SUBRECIPIENT to submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, in order to correct the noncompliance issue. 2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • The COUNTY may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of their substantial noncompliance by certified mail; CHS may require a portion of the awarded grant amount, or the amount of the investment for acquisition of the properties conveyed, be returned to the COUNTY. CCHHC COVID-19 ES21-02 Homelessness Prevention • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. Page U • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 4. If after repeated notification the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. s The SUBRECIPIENT will be in violation of Resolution No. 2013-228. If the SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October or when final services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed -upon Program objectives, activities, and expenditures, including but not limited to performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfilling this requirement. Other reporting requirements may be requested by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. CCHHC COVID-l9 Es21-02 Homelessness Prevention Page 14 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS This Agreement may be assigned or subcontracted with the written consent of the COUNTY, which consent, if given, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 (the U.S. Housing and Urban Development regulations concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407; (2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for Developers, revenue generated is not considered program income. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall 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 governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 15 The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD provided ESG grant funds and must be implemented in full compliance with all HUD's rules and regulations and any agreement between COUNTY and HUD governing grant funds pertaining to this Agreement. In the event of curtailment or non -production of said federal or state funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which shall be effective as of the date it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless the COUNTY, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies, which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, defend all suits in the name of the COUNTY, pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This section shall survive the expiration or termination of this Agreement. CCHHC COVID-19 GS21-02 Hometessness Prevention Page 16 3.7 COUNTY RECOGNITION/SPONSORSHIPS The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: `FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity, to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by an Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3,9 DEFAULTS, REMEDIES, AND TERMINATION In accordance with 2 CFR 200.341, this Agreement may also be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. The COUNTY may also terminate this Agreement if the award no longer effectuates the program goals or COUNTY priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement, in compliance with 2 CFR 200, Appendix I1 (A): A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time CCHHC COVID-19 E521-02 Homelessness Prevention Page 17 B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification, F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the Project Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any combination of one or more of the following remedies, in compliance with 2 CFR 200, Appendix II (B): A. Require specific performance of the Agreement, in whole or in part B. Require the use of, or change in, professional property management C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds that SUBRECIPIENT has received under this Agreement D. Apply sanctions, if determined by the COUNTY to be applicable E. Stop all payments until identified deficiencies are corrected F. Terminate this Agreement by giving written notice to SUBRECIPIENT and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.10 REVERSION OF ASSETS Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided the required end use beneficiaries, in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any fiends on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 18 The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds or property, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200, 311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained. Said insurance shall be carried continually during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), the federal regulations for the ESG grant funds (24 CFR 576 et seq). 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.318 through 200.327) and Collier County's Procurement Ordinance 42017-08, as amended. As a result of the need to expedite services to beneficiaries impacted by COVID-19, HUD has allowed jurisdictions to deviate from 2 CFR 200 proccurement standards, allowing SUBRECIPIENTS to follow Collier County procurement ordinance. Collier County Ordiance #2017-08 allows contracting with not -for -profits through the approved exemption. Federal Procurement Standards: Range: Method/Competition Required $0 - $10,000 Micro -Purchase $10,001 - $250,000 Small Purchase $250,001+ Sealed Bidding Collier County Procurement Standards Range: Competition Required $0 - $50,000 3 Written Quotes $50,001+ Formal Solicitation (ITB, RFP, etc. During the period of the Declared State of Emergency, emergency and exigent purchases will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320, provided that SUBRECIPIENT submits sufficient documentation to support cost reasonableness. Acceptance of said documentation shall be at the COUNTY's sole CCHHC COVID-19 Gs21-02 Homelessness Prevention Page 19 discretion. If the Declared State of Emergency expires before December 30, 2020, SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is used for purchases under this Agreement. Regardless of the state of emergency, any purchase in excess of 250,000 will be assessed using a price or cost analysis approved by CHS, prior to purchase. In accordance with 2 CFR 200.322, SUBRECIPIENT shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323. All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II(J) and 2CFR 200.323. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the Project. 3.14 PROGRAM -GENERATED INCOME No Program Income is anticipated. If Program Income is derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible project activity approved by COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by this project shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and in compliance with 2 CFR 200. When Program Income is generated by an activity that is only partially funded with ESG funds, the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY for further reallocation. Equipment no longer needed by the SUBRECIPIENT for ESG-eligible activities under this Agreement shall be (a) transferred to the COUNTY for use elsewhere in the ESG program or (b) retained by the SUBRECIPIENT, after compensating the COUNTY an amount equal to the current fair market value of the equipment, less the percentage of non-ESG funds used to acquire the equipment. CCHHC COVID-19 GS21-02 Homelessness Prevention Page 20 ' -" 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the COUNTY after the closeout period ends. Activities during this closeout period shall include but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied such that the record must be Feld for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any fiends paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic opportunities be directed to low and very low income residents of the Project area, and that contracts for training and employment in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income: persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG; providing services assisted under ESG; and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors, and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the CCHHC COVED-19 Es21-02 Homelessness Prevention Page 21 Housing and Community Development Act of 1968, and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and women's business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of tenants will be validated with supporting documentation during interim and closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during the period of performance of this Agreement, the updated plan must be submitted to the COUNTY within 30 days of any update/modification. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 2 CFR 576.404 CCHHC COVID-19 E521-02 Homelessness Pfevention Page 22,`;* "Conflict of Interest", 2 CFR 200.318, FL Statute 287,057, and any additional State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person, or an entity owned or controlled in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self -manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS, provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.21 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located, regarding the condition of the structure and the operation of the housing. 3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care, and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.23 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must keep documentation evidencing the use of written intake procedures for the centralized or coordinated assessment system(s) developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). CCHHC COVID-19 ES21-02 Homelessness Prevention Page 23 3.25 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set forth in Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment based on religion and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services based on religion and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.26 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.27 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 24 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. https://www.ecfr. gov/cgi-bin/text- idx?SID=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended littps://www.hudexchange.info/resource/2184/housing-and-community-development-lied-act-of- 1974/ 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.gov//pi-ogramdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended littps-Hwww.eeoc.gov/laws/statutes/titievii.cfiii 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.ecfr. gov/cgi-bin/text- idx?c=ecfr:sid=dc4c2f93cdadn8974315fa2bfdf4cec:ran=div5:view=text:node=24%3A3. 1.1.3. 8 Jdno=24:cc—ecfr https:l/www,ecfr.govlcgi-binitext-idx?rgn—div5&node=24:1.1.1.1.5#se24.1.5_1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: htt s://www.dol.gov/agencies/ofcc/execut i ve-order- I 1246/as- amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. https://www,eeoc.gov/laws/statutes/titievii.cfm 4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR CCHHC COVID-19 ES21-02 Homelessness Prevention Page 25 of -� 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. littps://Nvww.htid.yov/sites/df les/FHEO/documents/Section3ruleO92820.pdf The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.htid.gov/sites/dfiles/FHEO/docrunents/Section3rulcO92820.pdf CCHHC COVID-19 ES21-02 Homelessness Prevention Page 26 I' 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.comell.edu/uscode/text/42/chapter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register/codification/executive- order/11478.htm1 12107:https://www.archives.gov/federal-register/codification/executive-order•/12107.htini 12086:https://www.archives.gov/federal-register/codificatiol-i/executive-order/12086.htm1 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www,govre.gs.com/regulations/expand/title24 part5_subpartA_section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safeO I.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570,614 Subpart K. Section 504: htt s://ww,,v.e a. ov/ocr 29 USC 776: https://Iaw.once]c.com/uscode/29/776.html 24 CFR 570.614: https://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: littps://www.hud.gov/hudprogranis/eohudap 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. littps://www,fliwa.dot.gov/real—estate/uniform—act/index.efrn 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by ESG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https://uscode.house.gov/view.xhti-nl?req=granuleid:USC- I 999-title4O-section276a- 7&num=O&cdition-- 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: //w`vw.law.cornel1. edit/cfr/text/29/part-3 CCHHC COVID-19 ES21-02 Homeiessness Prevention Page 27 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid 23675 4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the federally -funded contract. 18 U.S.C. 874 littps://www.govinfo.gov/content/pkg/USCODE-2010- titlel 8/pdf/USCODE-2010-title 18.pdf 40 U.S.C. 276c https://uscode.house.goN,/view.xhtml?req=granuleid:USC-1999-tit1e40- section276c&num=0&edition-1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/ 11625.htinl 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https : //www. cefr. go v/cgi -b in/text- idx?c=ecfr,sid=dc4c2f93edadfl?8974315fa2bfdf4cec•r n=div5•view=text•node=24%3A3. 1.1.3.8,idno=24;cc=ecfr E.O. 13279: http://www.fedpovcontracts.com/peO2-96.htm 4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988. littps://www.ncbi.nlm.nih.goy/pubined/l2289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC_7771.PDF https://www.justice,gov/crt/fair-liousing-act-1 Executive Order 11063 — Equal Opportunity in Housing https://www.archives. gov/federal-register/codification/executive-order/ 11063.html CCHi4C COVID-19 ES21-02 Homelessness Prevention Page 28 Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs https://wvw. archives.gov/federal-register•/codificatioti/executive-order/ 12259,htmi 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.cornell.edu/cfr/text/24/part-I 07 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. htt s:Hwww.ecfr. ov/c i-bin/text-idx?t 1=/ecfrbrowse/Title02/2efi•200 main 02.t 1 4.22 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance services or equipment. Recipients and Subrecipients are prohibited from obligating or expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use(s) covered telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as part of any system. 4.23 Immigration Reform and Control Act of 1986 https://www.eeoc.goN,/eeoc/histoty/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida statutes_chapter_l12_part_i ii Collier County- http://www.colliergov.net/Home/showdocument?id=35137 4.25 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.26 Venue -Any suit of action brought by either party to this Agreement against the other party, relating to or arising out of this Agreement, must be brought in the appropriate federal or state courts, in Collier County, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). CCHHC COVID-19 ES21-02 Homelessness Prevention Page 29 4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT, https://www.flsenate.gov/Laws/Stattites/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. https://www. ovinfo.goy/content/pkg/USCODE-2010-title42/html/USCODE- 2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www. ovg info.gov/content/pkg/USCODE-2011-title33/pdf/USCODE- 2011-title33-chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.goN,/enforcement/resource-conservation-and-recovery-act- rcra-and-federal-facilities https://www.law.cornelI.edu/cfr/text/40/247.1 4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. littps://www.law.cornell.edu/cfr/text/24/570.605 4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead- Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 30 https://www.gpo. og v/fdsys/grantile/CFR-2000-title24-vol3/CFR-2000-title24-vol3- sec570-608-id 163 4.32 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. https://www.nps.gov/history/local-law/nhpal966.iitm https: //www.achp..ov/sites/default/files/regulations/2017-02/regs-revO4.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https://www.nps.gov/histoU/Iocal-la\4r/nhpal966.htm 4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https://www.gpo. o�ys/granule/USCODE-2009-title4l/USCODE-2009-title4l- chapl0-sec701 4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive oeder 12549. htt s://www.archives. ov/federal-re ister/codification/executive-order/I2549.html 4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200,501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. CCHHC COVID-19 GS21-D2 Homelessness Prevention Page 31 https://www..ecfr.p-ov/cgi-bitVtext- idx?SID=5 a78 ad defff9a5 3 5e83fed 3010308aef&mc=true&node=se2.1.200_ 1344&rgn=di v8 4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 ct seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https.-//wyvNv.gpo. og _v__lfdsys/ rg anu.le/CFR-2009-title49-volt/CFR-2009-title49-volI-part24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. littp://www.leg.state,fl.us/Statutes/index.cfm?App mode=Display,—Statute&Search Strin >;=&URL=0200-0299/0287/Sections/0287.13 3.html 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). CCHHC COVID-19 ES21-02 Homelessness Prevention Page 32 a1 https://www.gpo. og v/fdsys/granule/USCODE-2009-title4i/USCODE-2009-title4l- chap 10-sec701 /content-detail.html 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. https://wNvw.gsa.gov/portal/content/104877 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5,100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR pant 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. https://www.ecfr.jzov/cai-bin/text- idx?S ID=e3 3 9ece 9 fdfd 1479cab67e850c7eddd4&node=24:2.1. l .2.10 https://www.law.cornell.edu/cfr/text/24/5.1 I I 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalre ig ster.gov/documents/2016/12/20/2016-30241/runaway homeless- oath 4.44 HUD Final Rule Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation, and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-a ag inst- women-reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. CCHHC COVID-19 PS21-02 Homelessness Prevention Page 33 _ :h Y http/_/_xvw�v.leg.state.fl.us/statutes/index.cfni?App mode=Display_ Statute&URL=0400- 0499/044810448.html 4.47 Florida Statutes 713.20, Part 1, Construction Liens https://www.leg.state.fl.us/Statutes/index,efiii?App mode=Display_ Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App made=Display_ Statute&URL=0100- 0199/0119/Sections/0119.021.html 4.49 Florida Statutes, 119.071, Contracts and Public Records http://www.leg.state.fl.us/Statutes/itidex,cfni?App mode=Display Statute&URL=0100- 0 1 99/0119/Sections/0 119.07 Lhtml 4.50 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www,lep.gov. 4.51 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see bttps://ojp,gov/about/ocr/partnerships.htm. Discrimination on the basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive DOJ/BJA funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory_pdf for more details. 4.53 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining CCHHC COVID-19 ES21-02 Homelessness Prevention Page 34 f any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by DOJ/BJA and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.57 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at littps://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking htm. 4.58 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of OJP. 4.59 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of CCHHC COVID-19 Es21-02 Homelessness Prevention Page 35 Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. littps://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=aOO4b6bf2O934ace7a7l7de761 dc64c0&mc=true&n= t37.1 .401 &i--PART&ty=HTML (Signature Page to Follow) CCHHC COVID-19 1 521-02 Homelessness Prevention Page 36 Ca - IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above, ATTEST: CRYSTAL K. KINZEL, CLERIC tignture only. Dated: (SEAL) BOARD NTY COMMI SIONERS OF COLLIER TY, FLORI A By: PE Y TAY R, CHAIR MRSON Date: LO Is a I COLLIER COUNTY HUNP: COALITION, INC. By: & I-30MELESS ALEXANDER WERTHEIM, BOARD CO- PRESIDENT Date: ' "/Z3" -- Date: Approved as to form and legality: ]enni er A. Belpedio Assistant County Attorney C \ Date; (�p' (Z 1 CCHHC COVID-19 8321.02 Homelessness Prevenlion V4_ WALLER, BOARD CO- 18NT,TREASURER A,—) /'�� / Page 37 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Slalules. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement, in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this Agreement. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPIENT shall provide, or cause its Subcontractors to provide, original certificates indicating the following types of insurance coverage prior to any construction: S. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. b. 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 CCHHC COVID-19 ES21-02 Homelessness Prevention Page 38 identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or Agreement; 7. Workers' Compensation as required by Chapter 440, Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County musk be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this Agreement in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one Hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 39 EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: SUBRECIPIENT Address: Project Name: Project No: _ Payment Request 4 Total Payment Minus Retainage Period of Availability: _ through Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $ $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request (Net of Retainage, if applicable) $ $ 4. Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Title Authorizing Grant Coordinator Supervisor (Approval required $15,000 and above) CCHHC COVID-19 ES2 l -02 Homelessness Prevention Date Authorizing Grant Accountant Division Director (Approval Required $15,000 and above) Page 40 EXHIBIT C Emergency Solutions Grants (ESG-CV) Quarterly Performance Report Report Period: Fiscal Year: Contract Number: Organizations: Program/s: Contact Name: Contact Number: Characteristics Report 1. Report Selection Criteria Characteristics Report 1. Report Selection Criteria Ethnicit , Race Non - Hispanic His anic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander 2. Number of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of individuals/families served, by cate cries: a. Number of individual households (singles) Male Female Unaccompanied 18 and over Unaccompanied 17 and under b. Number of Families with children Male Female Headed by single 18 and over Headed by single 17 and under Headed by two parents 18 and over Headed by two parents 17 and tinder Number of Families with no children TOTAL CCHHC COVID-19 ES21-02 Homelessness Prevention Page 41 l� 4. Total oroieet(s)/service(s) provided to clients in range: a. emer ency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry e. mental health f. alcohol/drug g. childcare h. employment i. transitional '. outreach k. soup kitchen/meal distribution 1. health care m. HIV/AIDS services n. other lease list 5. Number of clients served by sub population (duplicated count): a. Chronically Homeless f. Chronic Substance Abuse alcohol and/or drug) b. Victims of Domestic Violence g. Severely Mentally Ill c. Elderly h. Runaway / throwaway youth d. Veterans i. Other disability (Physical and/or Developmental) e. Individuals with HIV/AIDS (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three )wrs.) 6. Clients housed by shelter type: Barracks Mobile Home/Trailer Group/Large House Hotel/Motel Scattered Site Apartment Other A artment/Com lex Single Family Detached House Other Single -Family Duplex Single Room Occupancy Other TOTAL 7. Exnenditures for Rapid Rehousina Rental Housing $ Relocation and Stabilization Services - Financial Assistance $ Relocation and Stabilization Services - Services $ Hazard Pay (unique activity) $ Landlord Incentives (unique activity) $ Volunteer Incentives unique activity) $ Training (unique activity) Subtotal Rapid Rehousing S. Exnenditures for Homeless Prevention Rental Housing Relocation and Stabilization Services - Financial Assistance $ Relocation and Stabilization Services - Services $ CCHHC COVID-19 ES21-02 Homelessness Prevention Page 42 �b Hazard Pay (unique activit)) $ Landlord Incentives (unique activity) $ Volunteer Incentives (unique activity) $ Training (unique activit)) $ n total Homeless Prevention 9. Expenditures for Emergency Shelter (Normal) Essential Services $ Operations $ Renovation Major Rehab $ Conversion $ Hazard Pay (unique activit)) $ Volunteer Incentives (unique activity) Training (unique activity) Subtotal Emergency Shelter 10. Expenditures for Street Outreach Essential Services $ Hazard Pay (unique activit)) $ Han was mg stations/portable bathroorns (unique activity) $ Volunteer Incentives (unique activity) $ Training (unique activity) $ Subtotal Street Outreach Total ESG-CV Expenditures I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Your typed name here represents your electronic signature. CCHHC COVID-19 ES21-02 Homelessness Prevention f Page 43 �1 EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F -- Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 21597) requirements. Subi-ecipient Collier County Hunger and Homeless Coalition Name First Date of Fiscal Year MM/DD/YY) Last Date of Fiscal Year MM/DDIY 01/01/2021 12/31/2021 Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ 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 CCHHC COVID-19 ES21-02 Homelessness Prevention 06/ l 8 Page 44 EXHIBIT E HUD EMERGENCY SOLUTIONS GRANT (ESG) RAPID RE -HOUSING and HOMELESSNESS PREVENTION ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance necessary, under the following ESG components, to: A, Rapid Re -housing - help a homeless individual or family move as quickly as possible into permanent housing and achieve stability in that housing, as described in 24 CFR 576.104 subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES Act, and B. Homelessness Prevention — prevent an individual or family from moving into an emergency shelter or other housing that has characteristics associated with instability and/or an increased risk of homelessness, as described in 24 CFR 576.103 subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES Act. Supportive Services: The SUBRECIPIENT must assist each program participant, as needed, to obtain: A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. B. Other Federal, State, local, and private assistance available to assist the program participant in obtaining housing stability, including: G.) Medicaid (42 CFR chapter IV, subchapter C) (ii.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283) (iii.) Women, Infants, and Children (WIC) (7 CFR part 246) (iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 609, 614-617, 625, 640, 650) (v.) Social Security Disability Insurance (SSDI) (20 CFR part 404) (vi.) Supplemental Security Income (SSI) (20 CFR part 416) (Vii) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c) Participation of Homeless/Formerly Homeless Individuals: The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy -making entity that considers and makes policies and decisions regarding any facility, services, or other assistance received through this Agreement. Further, to the maximum extent practicable, the CCHHC COVID-19 ES21-02 Homelessness Prevention Page 45 SUBRECIPIENT shall involve homeless individuals and families, through employment or as volunteers, in maintaining and operating facilities, providing activities for, and providing services to occupants of facilities assisted through this Agreement. Confidentiality: A. The SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local HMIS) of any individual or family who applies for and/or receives ESG assistance will be kept secure and confidential. (ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under ESG will not be made public, except with written authorization of the person responsible for the operation of the shelter. (iii) The address or location of any housing of a program participant will not be made public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. B. The SUBRECIPIENT'S confidentiality procedures must be in writing and must be maintained in accordance with this section. Evaluation of Program Participant's Eligibility and Needs: Rapid Rehousing Assistance Evaluation A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance, and the amount and types of assistance the individual or family needs to regain stability in permanent housing, These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(c). B. Re-evaluations for rapid re -housing assistance. The SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once annually for program participants receiving rapid re- housing assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG rapid rehousing assistance. C. The SUBRECIPIENT must require each program participant receiving ESG rapid rehousing assistance assistance to notify it regarding changes in the program participant's income or other CCHIIC COVID-19 ES21-02 Homelessness Prevention Page 46 circumstances (e.g,, changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Homelessness Prevention Assistance Evaluation D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each individual's or family's eligibility for ESG homelessness prevention assistance and the amount and type of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b), SUBRECIPIENTS are required to re-evaluate the program participant's eligibility, not less than every three (3) months. However, a temporary waiver, to reduce the spread of COVID- 19, was approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six (6) months, for a period of up to two (2) years, As such, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs not less than once every six (6) months for program participants receiving homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG homelessness prevention assistance. F. The SUBRECIPIENT must require each program participant receiving ESG assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and type of assistance the program participant needs. Rental Assistance Agreement: The SUBRECIPIENT may make rental assistance payments only to an owner with whom the SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided. The rental assistance agreement must provide that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 47 The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, grace period, and late payment penalty requirements as the program participant's lease. The SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non- ESG funds. Leases: The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leaseliold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing with project -based rental assistance, the lease must have an initial term of one year. Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888, and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507. However, during the six months beginning March 31, 2020, the FMR restriction is waived for an individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness Prevention assistance, under this Agreement. The SUBRECIPIENT must still ensure the units in which ESG assistance is provided to these individuals and families meet the reasonable standard. Case Management: The SUBRECIPIENT must require each program participant to meet with a case manager not less than once per month to assist the participant in ensuring long-term housing stability; and to develop a plan to assist the program participant to retain permanent housing after the ESG assistance ends. The case manager must take into account all relevant considerations, such as the program participant's current or expected income and expenses; other public or private assistance for which the program participant will be eligible and likely to receive; and the relative affordability of available housing in the area. The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT from making its shelter or housing conditional on the participant's acceptance of services Tenant -Based Rental Assistance: A. A program participant who receives tenant -based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements. COW COVID-19 ES21-02 Homelessness Prevention Page 48 B. The SUBRECIPIENT may require that all program participants live within a particular area for the period in which the rental assistance is provided. C. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if: (i) The program participant moves out of the housing unit for which the program participant has a lease; (ii) The lease terminates and is not renewed; or (iii)The program participant becomes ineligible to receive ESG rental assistance. D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a participant/tenant, it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP, unless the COUNTY terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. Meaningful Access to the ESG Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English (limited English proficient persons or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities for LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service; etc. CCHlic COVID-19 Es21-02 Homelessness Prevention Page 49 Terminating Assistance: If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT. This process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination so that a program participant's assistance is terminated only in the most severe cases. Additionally, should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal process. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of: A. Written notice to the program participant containing a clear statement of the reasons for termination; B. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual Housing Quality Standards: The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c). Lead -Based Paint Remediation and Disclosure: The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all housing occupied by program participants. CCHHC COVID-I9 ES2i-02 Homelessness Prevention Page 50 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards.for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation (including major rehabilitation and conversion) carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR pact 35; where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) hiterior air qualio3 Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) 117ater supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal em,ironment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or articial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. (10) Sanitary conditions. The shelter must be maintained in a sanitary condition. (11) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing -impaired residents. All public areas of the shelter must have at least one working smoke detector. There must also be a second means of exiting the building in the event of fire or other emergency. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 51 EXHIBIT G ESG - COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds; and develop funding, policies, and procedures for the administration and operation of the HMIS. (b) Coordlncition with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community -wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals (24 CFR part 882) (4) HUD -Veterans Affairs Supportive Housing (HUD-VASH) (division K, title II, Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq. ) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51 c); (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from. Homelessness (part C of title V of the Public Health Service Act (42 U,S.C. 290ce-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) CCHHC COVID-19 HS21-02 Homelessness Prevenlion Page 52 (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) (c) Sjwem and program coordination ~with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant -based or project -based assistance under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 14370 (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) T,Vritten standards _for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance, and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 53 (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance. (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services provided to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant may receive assistance, or the maximum number of times the program participant may receive assistance. (fl Pcalicipation in HMIS. The SUBRECIPIENT must on During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review.sure that data on all persons served and all activities assisted under ESG are entered into the applicable community -wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim services or legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. CCHHC COVID-19 ES21-02 Homelessness Prevention Page 54 J