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FAIN# E-22-UC-120016
Federal Award Date EST 10/2022
Federal Award Agency HUD
CFDA Name Emergency Solutions Grant
CFDA/CSFA# 14.231
Total Amount of Federal $30,677.60
Funds Awarded
Subrecipient Name Youth Haven, Inc.
UEI# H53EDBJFE816
FE.IN 23-7065187
R&D No
Indirect Cost Rate No
Period of Performance October 1,2022—
September 30,2023
Fiscal Year End 6/30
Monitor End: 12/2023
AGREEMENT BETWEEN COLLIER COUNTY
AND
YOUTH HAVEN,INC.
Shelter Operations Program
THIS AGREEMENT is made and entered into this 28th day of June
2022, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or
"Grantee") having its principal address as 3339 Tamiami Trail Fast, Naples FL 34112, and YOUTH
HAVEN, INC., a private not-for-profit corporation existing under the laws of the State of Florida,
("SUBRECIPIENT")having its principal office at 5867 Whitaker Road,Naples, FL 34112.
WHEREAS, the COUNTY is an entitlement community of the United States Department of
Housing and Urban Development(HUD) for a grant to execute and implement the Emergency Solutions
Grant(ESG)program in certain areas of Collier County,pursuant to the Homeless Emergency Assistance
and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless
Act(42 U.S.C. 11371-11378);and
WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to
primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality
of life in Collier County by providing assistance for any of the following five (5) program components:
street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and Homeless
Management Information System(HMIS);and
WHEREAS, the Board of County Commissioners of Collier County ("Board") approved the
Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2022-2023 for the ESG
Program at the June 28,2022 Board of County Commissioners meeting,Agenda Item It .(,LA
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WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan
concerning the preparation of various Annual Action Plans,the COUNTY advertised the 2022-2023 Annual
Action Plan, on May 25, 2022 , with a 30-day Citizen Comment period from May 25, 2022 to June 25,
2022 ;and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the Emergency Solutions Grant Project — (ES22-02) Shelter
Personnel.
NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the
Parties as follows:
PART I
SCOPE OF SERVICES
SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as
a condition of providing ESG Funds, as determined by Collier County Community and Human Services
Division(CHS),perform the tasks necessary to conduct the program as follows:
PROJECT DETAILS
Emergency Solutions Grant—Shelter Personnel: Personnel salary for a Youth Advocate to benefit
homeless youth in Collier County.
Project Component One: Personnel Salary for a Youth Advocate
I. Project Tasks:
a. Maintain documentation on all households served, in compliance with
24 CFR 576.500
b. Provide quarterly reports on meeting an ESG Eligible Activity
c. Attendance by a representative of SUBRECIPIENT Executive Management
at each Partnership Meeting
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with funds provided under this Agreement will contribute
to a program designed to be the first step in a continuum of assistance to enable
homeless individuals and families to move toward independent living,as well as
prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible
Activities 576.21).
1.1 GRANT AND SPECIAL CONDITIONS
A. Within sixty(60)calendar days of the execution of this Agreement,SUBRECIPIENT must
deliver to CHS for approval a detailed project schedule for completion of the project.
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B. SUBRECIPIENT must submit the following resolutions and policies within sixty(60)days
of the execution of this Agreement.
Affirmative Fair Housing Policy
• Affirmative Action/Equal Opportunity Policy
• Affirmative Action Plan
• Conflict of Interest Policy(COI)and related COI Forms
n Procurement Policy
n Uniform Relocation Act Policy
• Sexual Harassment Policy
Section 3 Policy
• Section 504/ADA Policy
• Fraud,Waste,and Abuse Policy
• Violence Against Women Act(VAWA)Policy
• LGBTQ Policy
• Language Assistance and Planning Policy(LAP)
• Limited English Proficiency Policy(LEP)
C. Environmental Review Requirement (ERR) - This Agreement does not constitute a
commitment of Funds or site approval. The commitment of Funds or site approval may
occur only upon satisfactory completion of environmental review and either (i) the
determination that the project is Exempt or (ii) the COUNTY's receipt of an approved
request for release of funds and certification from HUD, under 24 CFR Part 58. The
provision of any funds to the project is conditioned on the COUNTY's determination to
proceed with, modify, or cancel the project based on the results of the environmental
review.No program costs can be incurred until an environmental review of the project is
completed and approved by the COUNTY. Further, the SUBRECIPIENT will not
undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed
(NTP) letter. Violation of this provision may result in the termination of this subaward
and/or the denial of any reimbursement of funds under this Agreement.
D. Annual Subrecipient Training- All SUBRECIPIENT staff assigned to the administration
and implementation of the Project established by this Agreement, shall attend the CHS-
sponsored Annual Subrecipient Fair Housing training, except those who attended the
training in the previous year. In addition, at least one staff member shall attend all other
CHS-offered Subrecipient training relevant to the Project, as determined by the Grants
Coordinator, not to exceed four (4) sessions. Requests for exemption, under this special
condition,must be submitted to the Grant Coordinator, in writing,at least 14 days,prior to
the training.
E. Limited English Proficiency — 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 persons") 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
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to ensure meaningful access to activities funded with HUD Funds by 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.
1.2 PROJECT DETAILS
A. Project Description/Budget
The budget identified for the Shelter Personnel shall be as follows:
Description Federal Amount ESG Match 1:1
Project Component I: Personnel Salary for a Youth Advocate $30,677.60
ESG Match Requirement Documentation of $30,677.60
ESG Eligible
Matching Funds
Total Federal Funds: $30,677.60
SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
• Maintain and provide to the COUNTY, as requested, beneficiary documentation that
supports the benefit of homelessness
• Provide Quarterly Reports on project progress
• Provide Leverage Funds Report
❑ Ensure attendance by a representative from executive management at quarterly partnership
meetings,as requested by CHS
❑ Provide monthly construction and rehabilitation progress reports until completion of
construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work
❑ Comply with Davis-Bacon Labor Standards
❑ Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Section 3 and maintain documentation
❑ Comply with Uniform Relocation Act(URA), if necessary
❑ Ensure applicable numbers of units are Section 504/ADA accessible
❑ Ensure the applicable affordability period is met for the project
B. Program Components/Eligible Activities
All services/activities funded with ESG Funds must meet one of the ESG program components,as
defined in 24 CFR 576:
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• Street Outreach: Funds may cover costs related to essential services for unsheltered
persons (including emergency health or mental health care, engagement, case
management,and services for special populations).
• Emergency Shelter:Funds may be used for renovation of emergency shelter facilities and
the operation of those facilities, as well as services for the residents (including case
management,childcare,education, employment assistance and job training, legal, mental
health, substance abuse treatment,transportation,and services for special populations).
• Homelessness Prevention and Rapid Re-Housing: Both components fund housing
relocation and stabilization services (including rental application fees, security deposits,
utility deposits or payments, last month's rent, and housing search and placement
activities).Housing may also be used for short-or medium-term rental assistance for those
who are at-risk of becoming homeless or transitioning to stable housing.
• HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated
by the Continuum of Care for the area. Eligible activities include computer hardware,
software,or equipment,technical support,office space,salaries of operators,staff training
costs,and participation fees.
C. Performance Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Insurance Insurance Certificate Upon executed Agreement and
annually within thirty(30)days of
renewal
Special Grant Condition Policies as stated in this Within sixty(60)days of executed
Policies(Section 1.1) Agreement Agreement
Detailed project Schedule Project Schedule N/A
Project Plans and Site Plans and Specifications N/A
Specifications
Procurement Documents(Bid Independent Cost Estimate N/A
Packet)* (ICE)
Method of Procurement
(MOP)
Solicitation Packet
Subcontractor Log Subcontractor Log N/A
Quarterly Progress Report Exhibit C 1. Quarterly,within 10 days
following the quarter end(even if
zero)
2.Final report upon submission of
the final payment request in
Neighborly
Leverage Funds Report Exhibit C-1 1.Quarterly,within 10 days
following the quarter end(even if
zero)
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2. Final report upon submission of
the final payment request in
Neighborly
Annual Audit Monitoring Exhibit D Annually,within 60 days after FY
Report end
Financial and Compliance Audit,Management Letter and Annually,nine(9)months for Single
Audit Supporting Documentation Audit OR one hundred and eighty
(180)days after FY end.
Program Income Reuse Plan Plan Approved by the N/A
COUNTY
* SUBRECIPIENT's Notice to Proceed may be withheld if procurement deliverables are not
submitted in a timely manner, as stated in Section 1.2.C, Performance Deliverables.
SUBRECIPIENT must submit to the COUNTY, for approval, all Change Orders required during
the project. Failure to submit Change Orders in a timely manner,may result in delay or withholding
of payment,as well as,a cease work order until all change orders have been reviewed and approved,
at which time a new Notice to Proceed will be issued.
D. Payment Deliverables
Payment Deliverable Payment Supporting Documentation Submission Schedule
Project Component I: Personnel Upon invoicing using Exhibit B, will Submission of
Salary for a Youth Advocate. reimburse allowable expenses as monthly payment
evidenced by properly completed request within 30 days
timesheets,payroll registers/summary, of prior month
payroll cash requirement, banking
documents,canceled checks,and any
additional supporting documentation as
requested.
10%retainage will be withheld on each
payment request. Final 10%($)released
upon documentation of all beneficiaries
served and a successful closeout
monitoring.
ESG Match Exhibit B-1,along with supporting Match Monthly Match:a
documentation minimum of dollar-
for-dollar,with each
submitted pay request
Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and
final monitoring clearance. Retainage will be deducted from each invoice.
L3 PERIOD OF PERFORMANCE
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SUBRECIPIENT services shall start on October 1,2022,and end on September 30,2023 (Term of
Agreement). SUBRECIPIENT's services/activities shall be undertaken and completed considering
the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement
shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of up to 180
days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to
SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available THIRTY THOUSAND SIX HUNDRED SEVENTY-
SEVEN DOLLARS AND SIXTY CENTS($30,677.60) for use by SUBRECIPIENT during the
Term of the Agreement(hereinafter referred to as the Funds).
Modifications to the Budget and Scope may only be made if approved in advance. Budgeted Fund
shifts between project components shall not exceed 10 percent or signify a change in scope. Fund
shifts that exceed 10 percent of a project component shall only be made with Board approval.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG Funds until 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 a month,or if SUBRECIPIENT is not yet prepared to send the required
backup, a$0 invoice is required. Explanations will be required if two consecutive months of$0
invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work
progresses, but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this Agreement.
COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on
information submitted by SUBRECIPIENT and consistent with any approved budget and
COUNTY policy concerning payments. With the exception of certain advances, payments
will be made for eligible expenses actually incurred by SUBRECIPIENT, not to exceed
actual cash requirements. Payments will be adjusted by CHS in accordance with advance
Fund and program income balances available in SUBRECIPIENT accounts. In addition,
COUNTY reserves the right to liquidate Funds available under this Agreement for costs
incurred by COUNTY on behalf of SUBRECIPIENT.
Final invoices are due no later than 90 days after the end of the Agreement. Work performed during
the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not
be processed without written authorization from the Grant Coordinator.
CHS may withhold any pay request until approved by CHS for grant compliance and adherence to
any and all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or
evidence of project inactivity may cause payment suspension of any open pay requests until
the required deliverables are received or substantial project progress occurs, as determined
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by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a
properly completed invoice, and in compliance with sections 218.70-218.80, Florida Statutes,
otherwise known as the"Local Government Prompt Payment Act."
1.5 MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar, pursuant to 24 CFR 576.201.
Matching funds shall be provided after the date of the grant award. Funds used to match a previous
ESG grant may not be used to match a subsequent grant award.SUBRECIPIENT may comply with
its requirement by providing the matching funds from any source, including any Federal source
other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must
ensure the laws governing any Federal funds to be used do not prohibit those funds from being used
to match ESG funds. To meet the required match, the matching contributions must meet all
requirements that apply to the ESG Funds provided by HUD, as required by 24 CFR 576.201(c).
Matching contributions may be in the form of the following:
1. Cash contributions
2. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including the value
of any real property, equipment, goods, or services contributed to SUBRECIPIENT's ESG
program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs
would have been allowable.Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall
determine the value of any donated material or building, or any lease, using a method
reasonably calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates consistent
with those ordinarily paid for similar work in SUBRECIPIENT's organization. If
SUBRECIPIENT does not have employees performing similar work,the rates must be
consistent with those ordinarily paid by other employers for similar work in the same
labor market.
3. Costs paid by program income shall count toward meeting SUBRECIPIENT's match
requirements,provided the costs are eligible ESG costs that supplement the ESG program.
1.6 LEVERAGE FUNDS
In some instances, the award provided by COUNTY is not enough to cover the entire cost of the
project. Other funds are included and considered to be leveraged funds. Leveraged funds must
adhere to all Federal,State and COUNTY rules as it pertains to the project. Leveraged funds must
be identified,tracked,and verifiable in the SUBRECIPIENT's records at monitoring closeout.
Leveraged resources must also meet the following criteria to be allowable as leverage:
a. Expenditures of leveraged funds or resources are permitted only for eligible activities
and allowable costs under the cost principles specified by the OMB Circulars
referenced in this Agreement. Expenditures must be necessary and reasonable for
proper and efficient accomplishments of project or program objectives.
b. Leveraged resources committed on one project may not be used as leverage or match
for any other project or program.
c. Leveraged resources must represent newly created resources covering expenditures
that would not be incurred if the award were not made.
amommem
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d. Leveraged resources may not be Federal funds under a different award, except where
Federal statute allows their use for cost sharing(such as the Community Development
Block Grant program).
e. Third-party cash or in-kind contributions offered as leverage require a commitment
letter on company letterhead signed by the individual who is in a position to commit
the in-kind contribution. The contribution is only allowable if not utilized towards
matching dollars.
1.7 COST PRINCIPLES
Payments to SUBRECIPIENT are governed by Federal grant management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section
(Section 1.7-Cost Principles)of this Agreement,SUBRECIPIENT is defined as described in 2 CFR
200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for
reimbursement shall identify the associated project and approved project task(s) listed under this
Scope of Work. SUBRECIPIENT may only incur direct costs that may be attributed specifically to
the project(s) referenced above, as defined in 2 CFR 200.413. SUBRECIPIENT must provide
adequate documentation for validating costs incurred.Payments to SUBRECIPIENT's contractors
and vendors are conditioned upon compliance with the procurement requirements provided in 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 may impose requirements upon the Developer to remain compliant with the
COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
1.8 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered
or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other
written communications under this Agreement shall be addressed to the individuals in the capacities
indicated below, unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Carolyn Noble,Grant Coordinator
Collier County Government
Community and Human Services Division
3339 Tamiami Trail East,Suite 213
Naples,Florida 34112
Email:Carolyn.Noble@colliercountyfl.gov
Telephone: (239)450-5186
SUBRECIPIENT ATTENTION: Linda Goldfield,Executive Director
Youth Haven, Inc.
5867 Whitaker Road
Naples, FL 34112
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Email: Linda.Goldfield@youthavenswfl.org
Telephone: (239)687-5155
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY(and/or its representatives)
may deem necessary, SUBRECIPIENT shall make available all records, documentation, and any
other data relating to all matters covered by the Agreement for review, inspection, or audit.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days after
receipt. Failure to comply with the above audit requirements will constitute a violation of this
Agreement and may result in withholding of future payments. SUBRECIPIENT hereby agrees to
have an annual agency audit conducted in accordance with current COUNTY policy concerning
SUBRECIPIENT audits.
The determination of Federal award amounts expended shall be in accordance with guidelines
established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to
determine compliance with the requirements of this Agreement, the ESG Program, and all other
applicable laws and regulations. This documentation shall include but is not limited to the
following:
A. All records required by ESG regulations.
B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be
required by COUNTY to perform the service.
C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS
all reports, plans, surveys, information, documents, maps, books, records, and other data
procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the
purpose of this Agreement. Materials identified in the previous sentence shall be in
accordance with generally accepted accounting principles (GAAP), procedures, and
practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided directly or indirectly by this Agreement, including matching funds and Program
Income. These records shall be maintained to the extent of such detail as will properly
reflect all net costs,direct and indirect labor, materials,equipment,supplies,and services,
and other costs and 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 and in
a readily accessible, permanent, and secured location for five (5) years after the date of
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submission of the annual performance and evaluation report, as prescribed in 24 CFR
576.500(y). However, if any litigation,claim,or audit is started before the expiration date
of the five(5)year period,the records will be maintained until all litigation,claim,or audit
findings involving these records are resolved. If SUBRECIPIENT ceases to exist after
closeout of this Agreement, it must 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 the COUNTY, all
public records in SUBRECIPIENT's possession upon termination of the Agreement and
destroy any duplicate, exempt, and/or confidential public records that are released from
public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY's information
technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-2679,
Michael.Brownlee@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL 34112.
E. SUBRECIPIENT shall establish and maintain income eligible files on clients served,and
documentation that all households are eligible under HUD Income Guidelines.
SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's
compliance.
F. SUBRECIPIENT shall document how it complied with the Program Component(s), as
defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has
been received. This includes special requirements such as necessary and appropriate
determinations, as defined in 24 CFR 576.100; 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 to the COUNTY an Annual
Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIP1ENT'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.
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SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on-site monitoring visit
and evaluation activities,as determined necessary.At the COUNTY's discretion,a desktop review
of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is
dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit
information and status reports required by CHS or HUD to enable CHS to evaluate said progress
and allow for completion of its 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.
The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud,
waste,abuse,or nonperformance based on goals and performance standards as stated with all other
applicable laws, regulations, and policies governing the Funds provided under this Agreement,
further defined by 2 CFR 200.332.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, COUNTY, or the COUNTY's internal
auditor(s)access to all records related to performance of activities in this Agreement.
2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures
sufficient to prevent,detect,and correct incidents of fraud,waste,and abuse in the performance of
this Agreement, and provide for proper and effective management of all Program and fiscal
activities of the Agreement.SUBRECIPIENT's internal control systems,all transactions,and other
significant events are to be clearly documented, and the documentation shall be readily available
for monitoring by COUNTY.
SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents
for the purpose of monitoring or investigating the performance of the Agreement.SUBRECIPIENT
shall fully cooperate with COUNTY's efforts to detect, investigate,and prevent fraud,waste, and
abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports a
violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any
appropriate law enforcement authority, 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:
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1. Initial noncompliance may result in CHS issuing Findings or Concerns the
SUBRECIPIENT,which requires SUBRECIPIENT to submit a corrective action plan
to CHS within 10 business 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 SUBRECIPIENT,
as needed,to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner,CHS
may require a portion of the awarded grant amount to be returned to the COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 5 percent of the award
amount to the COUNTY,at the discretion of the Board.
• SUBRECIPIENT may be denied future consideration as set forth in Resolution
No. 2013-228.
3. If 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 ESG investment for acquisition of the properties conveyed,to be returned to the
COUNTY.
• CHS may require SUBRECIPIENT to return upwards of 10 percent of the award
amount to the COUNTY,at the discretion of the Board.
• SUBRECIPIENT will be in violation of Resolution No. 2013-228.
4. If after repeated notification, SUBRECIPIENT continues to be substantially
noncompliant,CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board for immediate termination of the
Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the
COUNTY for the terminated project. This includes the amount invested by the
COUNTY for the initial acquisition of properties or other activities.
• 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
required by this Agreement,and on the resolution of monitoring findings identified pursuant to this
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Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of
project activity may result in withholding of payment or issuance of a Notice of
Noncompliance.
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, SUBRECIPIENT also agrees to include, a
comprehensive final report covering the agreed-upon Program objectives, activities, and
expenditures including but not limited to, performance data on client feedback with respect to the
goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in
fulfillment of this requirement. Additionally, all leveraged funds utilized in support of this project
will be submitted on Exhibit C-1 as part of the final report. Other reporting requirements may be
imposed by the County Manager or designee in the event of Program changes, the need for
additional information or documentation arises, and/or if legislative amendments are enacted.
Reports and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
Remainder of Page Intentionally Left Blank
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY,which consent, if given at all,shall be at the COUNTY's sole discretion and judgment.
3.2 GENERAL COMPLIANCE
SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the
HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State,
and Local laws, regulations, and policies governing the Funds provided under this Agreement.
SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement
rather than supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating
or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall
always remain an"independent contractor"with respect to the services to be performed under this
Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation,
FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the
SUBRECIPIENT is independent from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a
duly authorized representative of each organization,and approved by the COUNTY's Board.Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or
SUBRECIPIENT from its obligations under this Agreement.
The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or
governmental 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 ESG grant funds and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement
between COUNTY and HUD governing ESG Funds pertaining to this Agreement. In the event of
curtailment or non-production of said Federal Funds,the financial sources necessary to continue to
pay SUBRECIPIENT all or any portion of the Funds will not be available. In that event, the
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COUNTY may terminate this Agreement, which shall be effective as of the date that it is
determined by the County Manager or designee,in his or her sole discretion and judgment,that the
Funds are no longer available. In the event of such termination,SUBRECIPIENT agrees that it will
not look to, nor seek to hold the COUNTY, nor any individual member of the County
Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT
under the terms of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents, and employees from any and all claims, liabilities,
damages, losses, costs, and causes of action which may arise out of an act or omission, including
but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers,
servants,employees,contractors,patrons,guests,clients, licensees, invitees,or any persons acting
under the direction, control, or supervision of the SUBRECIPIENT in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce
any other rights or remedies which otherwise may be available to an indemnified party or person
described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature
whatsoever in connection therewith, shall defend all suits in the name of the COUNTY,and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This section
does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing
indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in
section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this
Agreement.
3.7 COUNTY RECOGNITION/SPONSORSHIPS
SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the Program sponsorships, research reports, and similar public notices, whether
printed or digitally prepared,and released by SUBRECIPIENT for, on behalf of,and/or about the
Program shall include the statement:
"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 DEFAULTS,REMEDIES,AND TERMINATION
In accordance with 2 CFR 200.340, 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.
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However,in the case of a partial termination,if the COUNTY determines that the remaining portion
of the award will not accomplish the purpose for which the award was made, the COUNTY may
terminate the award in its entirety. This Agreement may also be terminated by the COUNTY if the
award no longer effectuates the program goals or grantor agency priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement:
A. Failure to comply with any of the rules, regulations, or provisions referred to herein, or
such statutes, regulations,executive orders, and HUD guidelines, policies,or directives as
may become applicable at any time
B. Failure,for any reason,to fulfill its obligations under this Agreement in a timely and proper
manner
C. Ineffective or improper use of Funds provided under this Agreement
D. Submission of reports to the COUNTY that are incorrect or incomplete in any material
respect
E. Submission of any false certification
F. Failure to materially comply with any terms of this Agreement
G. Failure to materially comply with the terms of any other agreement between the COUNTY
and SUBRECIPIENT, relating to the Project
In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any
combination of one or more of the following remedies:
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of or change in professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it
received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments until identified deficiencies are corrected
F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the
effective date of such termination. If the Agreement is terminated by the COUNTY as
provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any
incomplete project activities undertaken under this Agreement.
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3.9 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 a 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.
3.10 REVERSION OF ASSETS
In the event of a termination or upon expiration of the Agreement, in addition to any and all other
remedies available to the COUNTY (whether under this Agreement, or at law or in equity),
SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of
termination(or expiration)and any accounts receivable attributable to the use of ESG Funds.
The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the
COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the
Funds,as the COUNTY may deem necessary. Regulations regarding real property and equipment
are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until
all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said
insurance shall be carried continuously during SUBRECIPIENT's performance under the
Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the
Emergency Solutions Grant. (24 CFR 576 et seq.)
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through
200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing
thresholds are:
Range: Competition Required
$0-$50,000 3 Written Quotes
$50,001+ Formal Solicitation(ITB, RFP, etc.)
All improvements specified in Part 1 Scope of Work shall be performed by SUBRECIPIENT
employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY
and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible,
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and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and
monitored by CHS, which shall have access to all records and documents related to the project.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall
procure,acquire,or use goods, products or materials produced in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
completion, per 2 CFR 200,Appendix II(J)and 2 CFR 200.323.
3.14 PROGRAM-GENERATED INCOME
No Program Income is anticipated. However, 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 ESG project activity approved by the COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained from any
SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual
Program Income Re-use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant
with 2 CFR 200.307 and 24 CFR 576.201(f).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. If there is a Program Income balance at the end of the Program
Year,such balance shall revert to the COUNTY's ESG Program, for further reallocation.
3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but are not limited to making final
payments, disposing of program assets (including the return of all unused materials, equipment,
program income balances, and receivable accounts to the COUNTY), and determining the
custodianship of records. In addition to the records retention outlined in section 2.2 (Records and
Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida
Statutes regarding records maintenance, preservation, and retention. A conflict between State and
Federal records retention requirements will result in the more stringent law being applied,such that
the record must be held for the longer duration.Any balance of unobligated Funds which have been
advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to
which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that
comply with section 215.97, Florida Statutes, the 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
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.
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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 75 requires
that,to the greatest extent practicable,employment and economic opportunities be directed to low-
and very low-income residents of the 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(as defined in 42 U.S.C. 5302(a)) in which the project is
located.
To the maximum extent practicable, 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. 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
SUBR.ECIPIENT 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 that is at least 51 percent owned and
controlled by minority group members or women. For the purpose of this definition, "minority
group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans,
Native Americans, and Hasidic Jews. . SUBRECIPIENT may rely on written representations
by businesses regarding their status as minority and female business enterprises in lieu of an
independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG Funding through this
Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be
validated by reviewing supporting documentation,during any interim and/or closeout monitoring.
3.19 AFFIRMATIVE ACTION PLAN
SUBRECIPIENT agrees that it is committed to carrying out an Affirmative Action Program,
pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall
submit to the COUNTY for approval,a plan for an Affirmative Action Program.If the Affirmative
Action Plan is updated during the Performance Period of this Agreement,the updated plan must be
submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's
contracting officer will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice advising the labor
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union or worker's representative of SUBRECIPIENT's commitments hereunder and shall post
copies of the notice in conspicuous places available to all employees and applicants for
employment.
3.20 CONFLICT OF INTEREST
SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or
indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree
with the performance of this Agreement,and that no person having any conflict of interest shall be
employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will
comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida
Statute 287.057 and any additional State and County statutes, regulations, ordinances, or
resolutions governing conflicts of interest.
SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to
entering into any contract with an entity owned in whole or in part by a covered person or an entity
owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the
proposed contract to ensure that the contractor is qualified, and the costs are reasonable. Approval
of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not
intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees.
Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors
shall be disclosed, in writing to CHS provided however,that this paragraph shall be interpreted in
such a manner so as not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment of and participation of low- and moderate-income
residents of the project target area.
3.21 EMERGENCY SHELTERS
Any emergency shelter that receives assistance for shelter operations must also meet minimum
safety,sanitation,and privacy standards(Exhibit E),as required by 24 CFR 576.403(b).
3.22 PERMANENT HOUSING
Housing that program participants who receive ESG assistance to remain or move into must meet
the minimum habitability standards(Exhibit F)provided in 24 CFR 576.403(c)and all applicable
State and Local housing codes, licensing requirements, and any other requirements in the
jurisdiction in which the housing is located regarding the condition of the structure and the
operation of the housing.
3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) 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).
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3.24 HOMELESS PARTICIPATION
SUBRECIPIENT must document its compliance with homeless participation requirements under
24 CFR 576.405(c).
3.25 BYRD ANTI-LOBBYING AMENDMENT
Each tier certifies that the tier above it will not, and has not, used Federally appropriated Funds to
pay any person or organization for influencing or attempting to influence the award of Federal
Funds, as covered by 31 USC 1352, and more fully described in Section 4.53 of this Agreement.
Contractors who apply or bid for an award of$100,000 or more shall file the required certification.
3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
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).
3.27 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 in Section 24 CFR 576.406. SUBRECIPIENT shall
comply with First Amendment Church/State principles as follows:
A. It will not discriminate against any employee or applicant for employment and will not
limit or give preference in employment to persons based on religion.
B. It will not discriminate against any person applying for public services and will not limit
such services or give preference to persons based on religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression of its
religious beliefs, provided that it does not use direct ESG Funds to support any inherently
religious activities,such as worship, religious instruction,or proselytizing.
D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures
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.
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3.28 INCIDENT REPORTING
If SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of
its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse,
neglect,or exploitation of a child,aged person,or disabled person.
3.29 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.
3.30 MISCELLANEOUS
SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives,
and assigns of such other party in respect to all covenants of this Agreement.
SUBRECIPIENT represents and warrants that the financial data, reports, and other information it
furnished to the COUNTY regarding the Project are accurate and complete, and financial
disclosures fairly represent the financial position of SUBRECIPIENT.
SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement
and its governing body has authorized the execution and acceptance of this Agreement.
SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and
bind the SUBRECIPIENT to the terms of this Agreement.
The Grant Documents shall be construed in accordance with and governed by the laws of the State
of Florida,without giving effect to its provisions regarding choice of laws.
All activities authorized by this Agreement shall be subject to and performed in accordance with
the provisions of the terms and conditions of the Agreement between the COUNTY, the
Regulations,all applicable Federal,State,and Municipal laws,ordinances,regulations,orders,and
guidelines, including but not limited to any applicable regulations issued by CHS.
Electronic Signatures. This Agreement,and related documents entered into in connection with this
Agreement, are signed when a parry's signature is delivered by facsimile, e-mail, or any other
electronic medium. These signatures must be treated in all respects as having the same force and
effect as original signatures.
3.31 WAIVER
The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its
right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or
enforce any right or provision shall not constitute a waiver of such right or provision.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended—All regulations regarding
the ESG Program.
eCFR: 24 CFR Part 576-- Emergency Solutions Grants 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.I.58&rgn=div5
4.3 Section 104(d)and Section 109 of Title I of the Housing and Community Development Act of
1974 as amended Section 109 of the HCD Act of 1974 I HUD.gov/U.S. Department of Housing
and Urban Development(HUD)
Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC
5304(d))-HUD Exchange
4.4 Title VI of the Civil Rights Act of 1964 as amended,
littps://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968,as amended
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.
eCFR: 24 CFR 576.407--Other Federal requirements.
eCFR: 24 CFR 5.105--Other Federal requirements.
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders
11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted
with federal funds and as supplemented in Department of Labor regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of
1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for
employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or
Affirmative Action employer.
Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission
(eeoc.gov)
4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD
Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all
applicable rules and orders issued hereunder prior to the execution of this 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
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assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other
disability exists that would prevent compliance with these requirements.
eCFR :: 24 CFR Part 75--Economic Opportunities for Low-and Very Low-Income Persons
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."
Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers
and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the
SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements
must be described. Examples include iob fairs held,on the job training conducted,outreach
efforts to public housing residents,and connecting residents to supportive services.
SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising
in connection with a housing rehabilitation(including reduction and abatement of lead-based paint
hazards),housing construction,or other public construction project are given to low-and very low-
income persons residing within the metropolitan area in which the CDBG-funded project is located;
where feasible, priority should be given to low- and very low-income persons within the service
area of the project or the neighborhood in which the project is located,and to low-and very low-
income participants in other HUD programs; and award contracts for work undertaken in
connection with a housing rehabilitation (including reduction and abatement of lead- based paint
hazards), housing construction, or other public construction project to business concerns that
provide economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible,priority should be
given to business concerns that provide economic opportunities to low- and very low-income
residents within the service area or the neighborhood in which the project is located, and to low-
and very low-income participants in other HUD programs.
https://www.hud.t.lov/sites/documents/DOC 12047.PDF
SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
https://www.ecfr.gov/current/title-24/subtitle-A/part-75
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.lmy.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/executiye-order/12107.html
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12086:https://www.archives.gov/federal-register/codification/executive-order/12086.html
4.10 Equal access in accordance with the individual's gender identity in community planning and
development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safe01.pdf
4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),and 24 CFR 570.614 Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.htmI
24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990: https://www.hud.gov/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended.
https://www.fliwa.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&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in
whole or in part, by Loans or Grants from the United States
https://www.law.cornell.edu/cfr/text/29/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed
and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract
Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
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 https://www.2ovinfo.wov/content/pka/USCODE-2010-title 18/pdf/USCODE-2010-
title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuleid:USC-1999-title40-
section276c&num=0&edition=1999
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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/1 1625.html
4.18 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://‘‘ww.ecfr.gov/cgi-bin/text-
id\'?c=ecfr;sid=dc4c2f93cdadM89743 15fa2bfdf4cec;rgn=div5;viewrtext;node=24%3A3.I.1.3.8:i
dno=24;cc=ecfr
E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988.
littps://www.ncbi.nlm.nih.gov/pubmed/12289709
4.20 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing
Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.justice.gov/crt/fair-housing-act-1
Executive Order 11063—Equal Opportunity in Housing https://www.archives.gov/federal-
register/codification/executive-order/1 1063.html
Executive Order 11259- Leadership&Coordination of Fair Housing in Federal Programs
https://ww ww.archives.gov/federal-register/codification/executive-order/12259.html
24 CFR Part 107-Non- Discrimination and Equal Opportunity in Housing under E.O.
https:/Avww.law.comell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq-Uniform Administrative Requirements,Cost Principles,and Audit
requirements for Grants and Agreements.
https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl
4.22 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or
equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or
grant funds to: 1)procure or obtain funds; 2)extend or renew a contract to procure or obtain;or 3)
enter into an contract(or extend or renew a contract)to procure or obtain equipment, services, or
systems that use(s)covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.govieeoc/history/35th/thelaw/irca.html
4.24 Prohibition of Gifts to COUNTY Employees -No organization or individual shall offer or give,
either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any
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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/Forida/statutes/florida_statutes_chapter I12_part_iii
Collier County-
http://www.colIiergov.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).
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 section 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.uov/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/pkt/USCODE-
2010-title42/html/USCODE-2010-tit1e42-chap85.htm
https://w v w.la‘v.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.aovinfo.gov/content/pka/USCODE-2011-title33/pdf/USCODE-20 I I-title33-
chap26.pdf
https://www.Iaw.cornel l.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
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https://www.epa.gov/enforce m ent/resource-conservation-and-recovery-act-rcra-and-federal-
facilities
Ilttps://www.law.cornell.edu/cfr/text/40/247.1
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002),
the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having
special flood hazards,flood insurance under the National Flood Insurance Program is obtained and
maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA,
which would satisfy this requirement and/or reduce the cost of said flood insurance.
https://www.law.cornell.edu/cfr/text/24/570.605
4.31 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.
Lead-Based Paint- HUD Exchange
4.32 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.achp.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a Federal, State or Local historic property list.
4.33 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the
Drug-Free Workplace Act of 1988(41 USC 701).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title4 I-chap 10-
sec701
4.34 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal Department or agency;and, that SUBRECIPIENT shall not knowingly
enter into any lower tier contract, or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction as outlined in Executive order
12549.
https://www.archives.gov/federal-register/cod ification/executive-order/12549.html
4.35 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.
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Section 500. Subrecipients exempt from Single Audit requirements shall submit financial
statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT's
fiscal year.Per 2 CFR 200.344,if this Agreement is closed out prior to the receipt of an audit report,
the COUNTY reserves the right to recover any disallowed costs identified in an audit after such
closeout.
https://www.ecfr.gov/cgi-bin/text-
idx?S I D=5a78addefff9a535e83 fed30 10308aef&mc=true&node=se2.1.200 1344&rgn=div8
4.37 Any real property acquired by 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).
hups://www.gpo.gov/fdsys/granule/CFR-2009-title49-voll/CF R-2009-title49-voll-part24
4.38 As provided in§287.133,Florida Statutes,by entering into this Agreement or performing any work
in furtherance hereof, SUBRECIPIENT certifies that it, its affiliates, suppliers,subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the 36 months
immediately preceding the date hereof.
This notice is required by § 287.133 (3)(a),Florida Statutes.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Displav Statute&Search Stri ng=&UR
L=0200-0299/0287/Sections/028 7.13 3.htm I
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 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement
shall be in any way or to any extent engaged in the conduct of political activities in violation of
Chapter 15 of Title V of the U.S.C.(Hatch Act).
https://www.gpo.gov/fdsys/granule/USCODE-2009-title4 l/USCODE-2009-title4l-chap 10-
sec 701/content-detail I.htm l
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4.41 Travel reimbursement will be based on the U.S.General Services Administration(GSA)per diem
rates in effect at the time of travel.
https://www.gsa.gov/portal/content/104877
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. 1701 x,per 24 CFR 5.111.
eCFR: 24 CFR Part 214 Subpart D-- Program Administration
https://wvvw.law.cornell.edu/cfr/text/24/5.111
4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not
otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are
defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)),
Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence
Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health
Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7
U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)),
Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2))
https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless-
youth
4.44 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013
which applies for all victims of domestic violence,dating violence,sexual assault,and stalking,
regardless of sex,gender identity,or sexual orientation,and which must be applied consistent
with all nondiscrimination and fair housing requirements.
https://www.federalregister.gov/documents/2016/11/16/2016-25888/violence-against-women-
reauthorization-act-of-20 13-implem enunion-i n-hud-housing-programs
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statutes section 448.095 Employment Eligibility. Per Florida Statutes section 448.095(3),
all Florida private employers are required to verify employment eligibility for all new hires
beginning January 1,2021.Eligibility determination is not required for continuing employees hired
prior to January 1,2021.
http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400-
0499/0448/0448.html
4.47 Florida Statutes section 713.20, Part 1,Construction Liens
Inttps://www.lea.state.tl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.html
4.48 Florida Statutes section 119.021 Records Retention
http://www.leg.state.tl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/O 119/Sections/01 19.021.html
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4.49 Florida Statutes section 119.071,Contracts and Public Records
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0I00-
0199/0119/Sections/0119.071.htm I
4.50 Limited English Proficiency: 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
I�ttp://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.
SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see
https://oip.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is
generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a
case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into
account religion when hiring staff. Questions in this regard should be directed to the Office for
Civil Rights.
4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records
in the employment context,except when specifically authorized. 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): 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. 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. 18 U.S. Code § 1001 -
Statements or entries generally I U.S.Codej US Law I LII/Legal Information Institute(cornell.edu)
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Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False
claims - Document in Context - USCODE-2010-title3l-subtitleIll-chap37-subchaplIl-sec3729
(govinfo.gov)
31 U.S. Code ,$ 3729 - False claims I U.S. Code I US Law I LII / Legal Information Institute
(cornell.edu)
4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of any
candidates for public office. Neither this Agreement nor any funds provided hereunder shall be
utilized in support of any partisan political activities or activities for or against the election of a
candidate for an elected office.
4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages
recipients and subrecipients to adopt and enforce policies banning employees from text messaging
while driving any vehicle during the course of performing work funded by HUD and to establish
workplace safety policies and conduct education,awareness,and other outreach to decrease crashes
caused by distracted drivers.
4.57 Trafficking in Persons: 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 SUBRECIPIENT and any employees of
SUBRECIPIENT. The details of the SUBRECIPIENT's obligations related to prohibited conduct
related to the trafficking of persons are posted at
https://ojp.gov/fund i ng/Exp lore/Proh i bitedConduct-Traffick ing.htm.
4.58 Association of Community Organizations for Reform Now (ACORN): 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 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, 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=a004b6bf20934ace7a7I7de76I dc64c0&mc=true&n=pt37.1.401&r
=PART&ty=HTML
Signature Page to Follow
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an
authorized person or agent,hereunder set their hands and seals on the date first written above.
ATTEST: AS TO THE COUNTY:
CRYSTAL K. KINZEL,CLERK BOARD OF CO Y COMMISSIONERS OF
a� COLLIER CO i • -. • •
illitLimmi 6, ).. , .w_ 0#
`, I' l e i lerk
By: �...%'=--�11.
]__ Wild:m L. McDaniel,Jr., Chairman
Dated: / 4/ Ai/v
/ SEA' Date: 3"/C Z$ ) 't-a z.L
Attest a to airmail
signature only.
WITNESSES: AS TO SUBRECIPIENT:
azitoreit juit;(....j
YOUTH HAVEN, INC.
Witness#1 Signature
Mcchde j i ► � B
•Witness#1 Print d Name LIN FIELD,EXECUTI CTOIZ
Date: `o\N--. \- :)-1a—
Witness #2 Signature [Please provide evidence of signing authority]
A,lin LtA,---a.4s
Witness #2 Printed Name
App . -d as to form and egality:
0, Am iiiI ...ip
•
Derek D. Perry ' 2
Assistant County Attorney 5.--.5
Date: J V Lel ( i 1-4 2?—
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County,c/o Community and Human Services Division,3339
E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate.Collier County must be shown as
an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of the
services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in
connection with this contract. This insurance shall be maintained for a period of two(2)years after
the Certificate of Occupancy is issued.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to
any construction:
5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one
hundred(100%) percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001),
the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA)as having special flood 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).
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OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins,the following insurance must be kept in
force throughout the duration of the loan and/or contract.
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as
an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%)
of the replacement cost of the property. Collier County must be shown as a Loss payee with respect
to this coverage A.T.I.M.A(As Their Interest May Appear).
11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee
with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY&HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: YOUTH HAVEN, INC.
SUBRECIPIENT Address: 5867 Whitaker Road,Naples, FL 34112
Project Name: Shelter Personnel
Project No: ES22-02_ Payment Request#
Total Payment Minus Retainage
Period of Availability: _through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient CHS Approved
1. Grant Amount Awarded $ $
2. Total Amount of Previous Requests $ $
3.Amount of Today's Request(Net of Retainage, if $ $
applicable)
4. Current Grant Balance (Initial Grant Amount Award $ $
request)(includes Retainage)
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT.To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor(Approval required $14,999 and below) Division Director(Approval Required
$15,000 and above)
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EXHIBIT B-1
Match Form
Collier County Request for Match
SECTION I: REQUEST FOR PAYMENT
Subrecipient Name: YOUTH HAVEN, INC.
Subrecipient Address: 5867 Whitaker Road,Naples, FL
Project Name: Shelter Personnel
Project No: ES22-02 Match Request#
Match Amount Request Today: $0.00
SECTION I: STATUS OF FUNDS
1. Total Match Amount per Agreement $0.00
2. Total Amount of Previous Match Submitted(Insert $0.00
Amount)
3. Total Match Amount Awarded Per Agreement Less $0.00
Total Amount of Previous Match Submitted
4. Amount of Today's Request(Insert Amount) $0.00
5. Match Balance(Match per Agreement less the Sum of $0.00
All Match Submitted)
I certii'that this request for paynrenimatch has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowlere and
belief all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
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EXHIBIT C
Emergency Solutions Grants(ESG)
Quarterly Performance Report
Subrecipient Name: YOUTH HAVEN, INC.
Report Period:
Fiscal Year:
Contract Number: ES22-02
Organization/s:
Program/s: Shelter Personnel
Contact Name:
Contact Number:
Activity Reporting Period Report Due Date
October 1"—December 31' January 10`h
January 1"—March 31" April 10'1'
April 1"—June 306' July 10th
1''—September 30`h October 10th July
Characteristics Report
1. Report Selection Criteria
Ethnicity
Quarter YTD
Non- Non-
Race Hispanic Hispanic Hispanic Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific [slander
Other/Multi-Racial
2. Number of adults and children served:
a. Residential Quarter YTD
Number of Adults
Number of Children
Number of Unknown Age
b. Non-Residential
Number of Adults
Number of Children
Number of Unknown Age
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3. Number of individuals/families served, by categories:
Quarter YTD
a. Number of individual households Male Female Male Female
(singles)
Unaccompanied 18 and over
Unaccompanied 17 and under
Quarter YTD
b. Number of Families with children Male Female 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
4. Total project(s)/service(s)provided to clients in range:
Quarter YTD
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 kitchen/meal distribution
I. health care
m. HIV/AIDS services
n.other(please list)
TOTAL
5. Number of clients served by sub population (duplicated count):
Quarter YTD
a. Chronically Homeless
b. Victims of Domestic Violence
c. Elderly
d. Veterans
e. Individuals with HI V/AIDS
f. Chronic Substance Abuse(alcohol and/or drug)
g. Severely Mentally Ill
h. Runaway /throwaway youth
i. Other disability (Physical and/or Developmental)
TOTAL
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(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:
Quarter YTD
Barracks
Group/Large House
Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
Hotel/Motel
Other Apartment/Complex
Other Single-Family Duplex
Other
TOTAL
I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT C-1
Emergency Solutions Grants(ESG)Leveraged Funds Report
Leveraged Funds must be identified, tracked, and verifiable. Resources must be fully identified and
described as submitted with SUBRECIPIENT's application.
Subrecipient Name: YOUTH HAVEN, INC
Report Period:
Fiscal Year:
Contract Number: ES22-02
Program: Shelter Personnel
Contact Name:
Contact Number:
Leveraged Funds
See EXAMPLE below for how to complete this form.
Source Amount Type Use
Total Project Cost Ratio:
EXAMPLE
Source Amount Type Use
CDBG $1,000,000 Other Federal Land Acquisition
Funds
HOME $870,000 Federal Funds Infrastructure
Private Donation $1,200,000 Cash& In-Kind Infrastructure
Philanthropic $3,500,000 Cash—local funds 52 units Affordable Housing
Total Project Cost $6,570,000 Ratio: $1 Federal Dollar $2.51 Local
Funds
Signature Page to Follow
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I hereby certify the above information is true and accurate.
Signature: Date:
Printed Name:
Title:
Your typed name here represents your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if
subrecipients are compliant with established audit requirements(Subpart F). Accordingly,Collier County requires
that all appropriate documentation is provided regarding the organization's compliance. In determining Federal
awards expended in a fiscal year,the entity must consider all sources of Federal awards based on when the activity
related to the Federal award occurs, including any Federal award provided by Collier County. The determination
of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200,
Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97)
requirements.
Subrecipient YOUTH HAVEN, INC.
Name
First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY)
Total Federal Financial Assistance Expended during most Total State Financial Assistance Expended
recently completed Fiscal Year during most recently completed Fiscal Year
$ $
Check A.or B. Check C if applicable
A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been
u 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
T hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
06/18
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EXHIBIT E
EMERGENCY SHELTERS
Minimum Standards
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Emergency Shelters,as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency
Solutions Grant(ESG)funds are used for conversion,major rehabilitation,or other renovations,must meet
State or Local government safety and sanitation standards,as applicable,and the following minimum safety,
sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations
must also meet the following minimum safety, sanitation, and privacy standards. The COUNTY may also
establish standards that exceed or add to these minimum standards.
(1) Structure and materials.The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation(including major rehabilitation and conversion)carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access.The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act
(42 U.S.C. 360, et seq.)and implementing regulations at 24 CFR part 100; and Title II of
the Americans with Disabilities Act(42 U.S.C. 12131,et. Seq.)and 28 CFR part 35;where
applicable.
(3) Space and security. Except where the shelter is intended for day use only,the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or
mechanical means of ventilation. The interior air must be free of pollutants at a level that
might threaten or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private, and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity. The shelter must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and
equipment to store,prepare,and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the
shelter must have at least one working smoke detector.There must also be a second means
of exiting the building in the event of fire or other emergency.
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EXHIBIT 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.
(]) Structure and materials.The structures must be structurally sound to protect residents from
the elements and not pose any threat to health and safety of the residents.
(2) Space and security. Each resident must be provided adequate space and security for
themselves and their belongings. Each resident must be provided an acceptable place to
sleep.
(3) Interior air quality. Each room or space must have a natural or mechanical means of
ventilation.The interior air must be free of pollutants at a level that might threaten or harm
the health of residents.
(4) Water supply. The water supply must be free of contamination.
(5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper
operating condition,are private,and are adequate for personal cleanliness and the disposal
of human waste.
(6) Thermal environment. The housing must have any necessary heating/cooling facilities in
proper operating condition.
(7) Illumination and electricity. The structure must have adequate natural or artificial
illumination to permit normal indoor activities and support health and safety. There must
be sufficient electrical sources to permit the safe use of electrical appliances in the
structure.
(8) Food preparation. All food preparation areas must contain suitable space and equipment
to store,prepare,and serve food in a safe and sanitary manner.
(9) Sanitary conditions. The housing must be maintained in a sanitary condition.
(10) Fire safety. There must be at least one working smoke detector on each occupied level of
the residences. Where possible, smoke detectors must be located near sleeping areas. The
fire alarm system must be designed for hearing-impaired residents. All public areas of the
housing must have at least one working smoke detector. Public areas include, but are not
limited to, laundry rooms, community rooms, hallways, stairwells, and other common
areas. There must be a second means of exiting the building in the event of fire or other
emergency.
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EXHIBIT G
COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and
other programs.
(a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the
Continuum of Care to determine how to allocate ESG funds each program year; develop the
performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG
funds;and develop funding,policies,and procedures for the administration and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must
coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other
programs targeted to homeless people in the area covered by the Continuum of Care or area over which
the services are coordinated to provide a strategic, community-wide system to prevent and end
homelessness for that area. These programs include:
(1) Shelter Plus Care Program(24 CFR part 582)
(2) Supportive Housing Program(24 CFR part 583)
(3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for
Homeless Individuals(24 CFR part 882)
(4) HUD-Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II,
Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6,
2008))
(5) Education for Homeless Children and Youth Grants for State and Local Activities(title VII—
B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ))
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services
Act(42 U.S.C. 290aa-5)
(7) Healthcare for the Homeless(42 CFR part 51c)
(8) Programs for Runaway and Homeless Youth(Runaway and Homeless Youth Act(42 U.S.C.
5701 et seq.))
(9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public
Health Service Act(42 U.S.C. 290cc-21 et seq.))
(10) Services in Supportive Housing Grants(section 520A of the Public Health Service Act)
(11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless
Assistance Act(42 U.S.C. 11331 et seq.))
(12) Transitional Housing Assistance Grants for Victims of Sexual Assault,Domestic Violence,
Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and
Law Enforcement Act(42 U.S.C. 13975))
(13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans
Comprehensive Assistance Act(38 U.S.C. 2021))
(14) Domiciliary Care for Homeless Veterans Program(38 U.S.C. 2043)
(15) VA Homeless Providers Grant and Per Diem Program(38 CFR part 61)
(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)
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(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:
(I) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42
U.S.C. 1437g)(24 CFR parts 905,968, and 990)
(2) Housing programs receiving tenant-based or project-based assistance under Section 8 of
the U.S. Housing Act of 1937(42 U.S.C. 1437f)(respectively 24 CFR parts 982 and 983)
(3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891)
(4) HOME Investment Partnerships Program(24 CFR part 92)
(5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51 c)
(7) State Children's Health Insurance Program(42 CFR part 457)
(8) Head Start(45 CFR chapter XIII,subchapter B)
(9) Mental Health and Substance Abuse Block Grants(45 CFR part 96)
(10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.)
(d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized
assessment system or a coordinated assessment system in accordance with requirements to be
established by HUD, each ESG-funded program or project within the Continuum of Care's area must
use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of
Care to ensure the screening, assessment, and referral of program participants is 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:
(I) Standard policies and procedures for evaluating individuals' and families' eligibility for
assistance under ESG.
(2) Standards for targeting and providing essential services related to street outreach.
(3) Policies and procedures for admission, diversion, referral, and discharge by emergency
shelters assisted under ESG, including standards regarding length of stay, if any, and
safeguards to meet the safety and shelter needs of special 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).
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(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 program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time.
(9) Standards for determining the type, amount, and duration of housing stabilization and/or
relocation services to provide 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 receives assistance, or the maximum number of times the program
participant may receive assistance.
(f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all
activities assisted under ESG are entered into the applicable community wide HMIS or a comparable
database, in accordance with HUD's standards on participation,data collection,and reporting under a
local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may
use a comparable database that collects client-level data over time (i.e., longitudinal data) and
generates unduplicated aggregate reports based on the data. Information entered in a comparable
database must not be entered directly into or provided to an HMIS.
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