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Agenda 2/14/2023 Item #16D 3 (Support housing for low and very-low-income youth in Collier County)16.D.3 02/ 14/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Third Amendment to the U.S. Housing and Urban Development Emergency Solutions Grants Program subrecipient agreement between Youth Haven, Inc., and Collier County Board of County Commissioners. (Housing Grant Fund 705) OBJECTIVE: To support housing for low- and very -low-income youth in Collier County. CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) provides Emergency Solutions Grants (ESG) funds to address housing -specific needs identified in the community. Every five (5) years, Collier County is required to prepare the Consolidated Plan outlining the goals and activities for the next five (5) years of HUD entitlement funds. The Board of County Commissioners (Board) approved the Collier County 2021-2025 Consolidated Plan and the FY 2021-2022 One -Year Action Plan on June 22, 2021, Agenda Item #16D7. On December 14, 2021, Agenda Item #16D8, the Board approved a Substantial Amendment to the plan that allocated $71,000 in funding to Youth Haven, Inc. (Youth Haven) under the Emergency Solutions Grants (ESG) Rapid Rehousing program. On January 11, 2022, Agenda Item #16D6, the Board approved and executed a subrecipient agreement with Youth Haven to implement Rapid Rehousing services for abused, neglected, abandoned, and homeless youth, as well as associated personnel costs and salaries. Youth Haven is required to provide one-to-one matching funds under this agreement, totaling $71,000. On March 22, 2022, Agenda Item #16D5, the Board approved a First Amendment to increase the per -youth maximum assistance from $3,000 to $5,000 and extend the end date of the agreement to March 31, 2023. The Board approved a Second Amendment on September 27, 2022, Agenda Item #16D6, removing any per month maximum rental assistance, reallocating funds from Case Management/Personnel Salaries to Rental Assistance, providing the CPD waiver information (which allows for rent rates over the Fair Market Rate), updating the UEI number, and Collier County's address and `custodian for public records' contact information. This proposed Third Amendment to the agreement will reduce the funding amount from $71,000 to $23,500, at Subrecipient's request, due to low housing inventory and the inability to place youth exiting from a shelter. The returned ESG funds will be administered at a later date by the Community & Human Services (CHS) Division. FISCAL IMPACT: The proposed action has no new Fiscal impact. Funds are budgeted within ESG Program Housing Grant Fund (705), Project 33764. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: To approve and authorize the Chairman to sign the Third Amendment to the U.S. Housing and Urban Development Emergency Solutions Grants Program subrecipient agreement between Youth Haven, Inc. and Collier County Board of County Commissioners. Prepared By: Carolyn Noble, Grants Coordinator, Community & Human Services Division ATTACHMENT(S) 1. [linked] EXECUTED Youth Haven Agreement ES21-04 (PDF) 2. EXECUTED Youth Haven Amendment # 1 (PDF) 3. EXECUTED Amendment #2 (PDF) 4. YH Signed Amendment #3 1.24.23 (PDF) Packet Pg. 1025 16.D.3 02/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.3 Doe ID: 24293 Item Summary: Recommendation to approve and authorize the Chairman to sign the Third Amendment to the U.S. Housing and Urban Development Emergency Solutions Grants Program subrecipient agreement between Youth Haven, Inc., and Collier County Board of County Commissioners. (Housing Grant Fund 705) Meeting Date: 02/14/2023 Prepared by: Title: — Community & Human Services Name: Carolyn Noble 01/09/2023 11:53 AM Submitted by: Title: Manager - Federal/State Grants Operation — Community & Human Services Name: Kristi Sonntag 01/09/2023 11:53 AM Approved By: Review: Community & Human Services Carolyn Noble CHS Review Community & Human Services Jocelyn Pickens Additional Reviewer Community & Human Services Blanca Aquino Luque Additional Reviewer Community & Human Services Donald Luciano Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Operations & Veteran Services Jeff Newman Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Grants Erica Robinson Level 2 Grants Review Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Derek D. Perry Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Grants Therese Stanley Additional Reviewer Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Skipped 01/09/2023 10:49 AM Completed 01/09/2023 1:25 PM Completed 01/10/2023 3:16 PM Completed 01/11/2023 6:24 PM Completed 01/12/2023 4:49 PM Completed 01/17/2023 1:06 PM Completed 01/17/2023 2:03 PM Completed 01/18/2023 9:12 AM Completed 01/26/2023 8:33 AM Completed 01/27/2023 9:50 AM Completed 01/27/2023 10:29 AM Completed 01/27/2023 10:42 AM Completed 01/27/2023 3:09 PM Completed 01/30/2023 10:53 AM Completed 02/03/2023 2:39 PM Completed 02/06/2023 1:58 PM 02/14/2023 9:00 AM Packet Pg. 1026 1ti.D.3.b FAIN # E-21-UC-12-0016 Federal Award Date 10/2021 Federal Award Agency HUD CFDA Name Emergency Solutions Grants CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $71,000.00 Subrecipient Name Youth Haven, Inc. DUNS# 077283349 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 -- Deeem er 31,2022 March 31, 2023 Fiscal Year End 06/30 Monitor End: 444/-22 6/30/23 FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Rapid Re -Housing Assistance and Case Management THIS AMENDMENT is arcade and entered into this - 22'`�- clay of MArch , 2022, by and bet)veeri Collier Comity, a political subdivision of [lie State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiarni Trail, Naples FL 34112, and YOUTH HAVEN, INC (SUBRECIPIENT) a private not -for -profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Roach, Naples, FL 34112. RECITALS WHE111AS, on January 11, 2022, the COUNTY entered into an agreement with the SUMECIPIENT using Emergency Solutions Grants (ESG) fiords, 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, the Parties desire to amend the Agreement to update the maximum payment limit per youth and the period of performance date. NOW, THEREFORE, in consideration of foregoing Recitals, am1 other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Youth Haven, Ina ES21-04 11C) 6. Rapid Rehousing Amendment 111 0 Packet Pg. 1027 Words Stmeh-Utr ough are deleted; Words Underlined are added PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Hunan Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solntions Grants Program will provide: Rapid Re -Housing for abused, neglected, abandoned, and homeless youth, Emergency Shelter Case Management for youth preparing to exit to Rapid Rehousing. Project Component One: Short to medium -term rental assistance for abused, neglected, abandoned, acid homeless youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments with a maximum limit of $3;000 $5,000 per youth. 1.2 PROJECT DRTAIIIS A. Project Description/Budget The budget identified for the Rapid Rehousing Project sliall be as follows: Description federal Amount ESG Match 1:1 Project Component 1: Short- to medium -term rental $45,000.00 assistance for abused, neglected, abandoned, and homeless youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments with a maximum limit of $3,000 15 000 per youth, Project Component 2: Case Management/Personnel Salaries $26,000.00 including but not limited to, counseling, referrals to needed services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Requirement: Match is required for a mininunn Documentation of 71,000.00 of dollar -for -dollar with each submitted pay request. ESG Eligible Matching funds Total Federal Funds: $71,000.00 Youth haven, Inc. ES21-04 Rapid Rehousing Amendment # 1 Packet Pg. 1028 x D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Short- to Exhibit B along with invoice and proof of Monthly, by the 30111 of nlediam-term rental assistance for rent payment as evidenced by cancelled the month following abused, neglected, abandoned and checks, bank statements, utility bills, lease the month of service homeless youth including but not agreement, landlord agreement (initial limited to, rent, security deposits, payment only), and any other documents as application fees, move -in costs, requested, last morith's rent, and utility deposits and/or payments with a nlaxinlum limit of$3,009 5 0,00 per youth. Project Component : Case Exhibit B along with documeItation to MOIlthly, by the 30"` of Management/Personnel Salaries include but not limited to timesllcets, the month following including but not limited to, payrol I detail reports, banking and ally the month of service counseling, referrals to nceded other documents as requested. services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Exhibit B-I with supporting Match Monthly Match: a documentation Ininimum of dollar - for -dollar, with each submitted pay request, until 100% of funded amount reached. 1.3 PERIOD Or PERFORMANCE SUB RECIPIENT services shall start on January 1, 2022 (or after an approved Environmental Review) and end on Deeem-ber 31, 2022 March 31, 2023 (Term of Agreement). The services/activities of the SUBRECIPIENT shall be undertaken allcl completed in light of the purposes of this Agreement. Any fiends not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the torm 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 tile SUBRECIPIENT. 3 Youth Haven, Inc. ES21-04 Rapid Rehousing Amendment ItI Packet Pg. 1029 16.D.3.b ATTEST: CRYSTAL K. K1NZET,, CLERK Affesf as fa CilAL1�rI� (SEAL) BOARD OIL C ISSI OF CO_ LI,11',1 'C Y, hLOR 1 WILI AM L. MCDANIFL, JR., CII RMAN Date: YOUTI-I HAVEN, INC. By; LI FII'sLD,1XECUTI DIRECTOR Appra c -ond legality: �a Je�nsi er A. el edio Assi ant C u Attorney Date: 4 Youth Haven, Inc. Rapid Rehousing ES21-04 Amcndme l S 1 Packet Pg. 1030 16.D.3.c FAIN # E-21-LTC-12-0016 Federal Award Date 10/2021 Federal Award A enc HUD CFDA Name Emergency Solutions Grants CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $71,000.00 Subrecipient Name Youth Haven, Inc. D�� UEI# 0 77 4-9 H53EDBJFE816 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 — March 31, 2023 Fiscal Year End 06/30 Monitor End: 6/30/23 SECOND AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Rapid Re -Housing Assistance and Case Management THIS AMENDMENT is made and entered into this '22 fA day of , 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 East, Naples FL 34112, and YOUTH HAVEN, INC (SUBRECIPIENT) a private not -for -profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112. RECITALS WHEREAS, on January 11, 2022, the COUNTY entered into an agreement with the SUBRECIPIENT using Emergency Solutions Grants (ESG) funds, 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, make it known that pursuant to HUD Notice CPD-22-09, Issued on June 15, 2022, Subject: Expedited Regulatory Waivers for the Emergency Solutions Grants, Continuum of Care, Youth Homelessness Demonstration Program, and Housing Opportunities for Persons with AID Programs, Sections h. ESG-24 Month Limit on Rental Assistance and i. ESG-Restriction of Rental Assistance to Units with Rent at or Below FMR, and HUD Miami Field Office approval, the above waivers apply to this grant though the expiration period of March 23, 2023; and [22-SOC-00943/1738448/11 1 Youth Haven, Inc. ES21-04 Rapid Rehousing Aniendnieut #t2 0 GQ` Packet Pg. 1631 16.D.3.c WHEREAS, the Parties desire to amend the Agreement to revise the project component amounts and remove the maximum payment limit per youth. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Struek Thre are deleted; Words Underlined are added PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grants Program will provide: Rapid Re -Housing for abused, neglected, abandoned, and homeless youth. Emergency Shelter Case Management for youth preparing to exit to Rapid Rehousing. Project Component One: Short- to medium -term rental assistance for abused, neglected, abandoned, and homeless youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments. with a maximum limi* f $c 000 per youth Project Component Two: Case Management/Personnel Salaries including but not limited to, counseling, referrals to needed services, and developing an individualized housing and service plan, including a path to permanent housing stability. x 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Rapid Rehousing Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Short- to medium -term rental $45,000.00 assistance for abused, neglected, abandoned, and homeless $ 66,000.00 youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utilit [22-5 OC-00943/173 8448/ 1 ] 2 Youth Haven,lnc. ES21-04 Rapid Rehousing Amendment ##2 AQ C� Packet Pg. 1632 16.D.3.c deposits and/or payments. with a maximum limit of $55 000 Project Component 2: Case Management/Personnel Salaries $26,000.00 including but not limited to, counseling, referrals to needed $5,000.00 services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Requirement; Match is required for a minimum Documentation of J71,000.00 of dollar -for -dollar with each submitted pay request. ESG Eligible Matching Funds Total Federal Funds: $71,000.00 D. Payment Deliverables Payment Deliverable Pa ment Supporting Documentation Submission Schedule Project Component l : Short- to Exhibit B along with invoiee and proof of Monthly, by the 30"' medium -term rental assistance rent payment as evidenced by cancelled of the month for abused, neglected, abandoned checks, bank statements, utility bills, following the month and homeless youth including but lease agreement, landlord agreement of service not limited to, rent, security (initial payment only), and any other deposits, application fees, move- documents as requested. in costs, last month's rent, and utility deposits and/or payments. with a maximum limit of a 000 Proiect Component 2: Case Exhibit 13 along with documentation to Monthly, by the 30"' Management/Personnel Salaries include but not limited to tiniesheets, of the month including but not limited to, payroll detail reports, banking and any following the month counseling, referrals to needed other documents as requested. of service services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Exhibit R-I with supporting Match Monthly Match: a documentation minimum of dollar - for -dollar, with each submitted pay request, until 100% of funded amount reached. 4e F [22-S OC-00943/ 173 844 8/11 Youth Haven, Inc. Rapid Rehousing ES21-04 Amendment 42 �Q Packet Pg. 1033 16.D.3.c 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic mcans. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 € Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Carolyn.Noble@colliercottntyfl.gov Telephone: (239) 450-5186 SUBRECIPIENT ATTENTION: Linda Goldfield, Executive Director Youth Haven, Inc. 5867 Whitaker Road Naples, Florida 34112 Email: Linda.Goldfield@youtlihavenswfl.org Telephone: (239)687-5155 2.2 RECORDS AND DOCUMENTATION 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, the SUBRECIPIENT shall maintain all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. if SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements, All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239 252 6832 239-252-2679 Michael. Brownlee Rcolliercountyfl.gov, 3299 Tamiami Trail E, Naples FL 34112. [22- SOC-00943/1738448/1 ] Youth Haven, Inc. Rapid Rehousing 4 ES21-04 Amendment #2 AQ C Packet Pg. 1634 16.D.3.c IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST; ,:1 i CRYMAL IK�ICINZEL•,'.CLERK :4,A _ f%Clerk Dated:�- (SEAL) rMEISE'A I � 6dalL Witness #1 Signature Witness #1 Printed Name MIM Witness #2 Printed Name Derek D. Perry Assistant County Attorney Date: O G'-rc 1 Za -.L Z [22-SOC-00943/1738448/1 ] Youth Haven, Inc. Rapid Rehousing AS TO THE COUNTY: BOARD OF CO COLLIER CO FLOI By: SIGNERS OF L. McDaniel, Jr., Chairman Date: S 9rl— Z -1• '- Z-'Z AS TO SUBRECIPIENT: YOUTH HAVEN, INC. By: Linda Goldfield, Executive Direc Date: �� \; _Zlz;) ES21-04 Amendment #2 Cep Packet Pg. TO3571 16.D.3.d FAIN # E-21 -UC- 12-0016 Federal Award Date 10/2021 Federal Award Agency HUD CFDA Name Emergency Solutions Grants CFDA/CSFA# 14.231 Total Amount of Federal Funds Awarded $71,000.00 $23,500.00 Subrecipient Name Youth Haven, Inc. UEI# H53EDBJFE816 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 --- March 31, 2023 Fiscal Year End 06/30 Monitor End: 6/30/23 THIRD AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Rapid Re -Housing Assistance and Case Management THIS AMENDMENT is made and entered into this day of , 2023, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 Tamiami Trail East, Naples FL 34112, and YOUTH HAVEN, INC (SUBRECIPIENT) a private not -for -profit corporation existing under the laws of the State of Florida, having its principal office at 5867 Whitaker Road, Naples, FL 34112. 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 Plan for Federal Fiscal Year 2021-2022 for the ESG Program at the June 22, 2021, Agenda Item #16.D.7 and the Substantial Amendment dated December 14, 2021, Agenda Item # 16.D.8, Board of County Commissioners meetings. WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021-2022 Annual Action Plan, on April 30, 2021, with a 30-day Citizen Comment period from April 30, 2021 to May 31, 2021; and [22-SOC-00979/ 1760362/1 ] Youth Haven, Inc. Rapid Rehousing ES21-04 Amendme �( C Packet Pg. 1036 16.D.3.d RECITALS WHEREAS, on January 11, 2022, Agenda Item #16.D.6, the COUNTY entered into an agreement with the SUBRECIPIENT using Emergency Solutions Grants (ESG) funds, 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, on March 22, 2022, Agenda Item 1116.D.5, the Board of County Commissioners approved the First Amendment to update the maximum payment limit per youth and the period of performance date. WHEREAS, on September 27, 2022, Agenda Item #16.D.6, the Board of County Commissioners approved the Second Amendment to revise the project component amounts and remove the maximum payment limit per youth. WHEREAS, make it known that pursuant to HUD Notice CPD-22-09, issued on June 15, 2022, Subject: Expedited Regulatory Waivers for the Emergency Solutions Grants, Continuum of Care, Youth Homelessness Demonstration Program, and Housing Opportunities for Persons with AID Programs, Sections h. ESG-24 Month Limit on Rental Assistance and i. ESG-Restriction of Rental Assistance to Units with Rent at or Below FMR, and HUD Miami Field Office approval, the above waivers apply to this grant though the expiration period of March 23, 2023; and WHEREAS, the Parties desire to amend the Agreement to reduce the amount of each project component and the total funding amount. NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree to amend the Agreement as follows: Words Stfuek Through are deleted; Words Underlined are added PART I 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Rapid Rehousing Project shall be as follows: Description Federal Amount ESG Match t:l Project Component 1: Short- to medium -term rental $ 6€,000 00 assistance for abused, neglected, abandoned, and homeless $20,600.00 youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments. [22-SOC-00979/ 1760362/ 1 ] Youth Haven, Inc. Rapid Rehousing ES21-04 Amendment #3 0 Packet Pg. 1037 16.D.3.d Proiect Component 2: Case Management/Personnel Salaries 3 989 99 including but not limited to, counseling, referrals to needed $Z900.00 services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Requirement: Match is required for a minimum Documentation of $71,000.00 of dollar -for -dollar with each submitted pay request. ESG Eligible $23,500.00 Matching Funds Total Federal Funds: -$71,000.00 23 U0.00 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY ONE THOUSAND DOLLARS AND ZERO CENTS ($71,0 TWENTY-THREE THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($23,500.0M) for use by the 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 be more than 10 percent and shall not signify a change in scope. Fund shifts that exceed 10 percent of a project shall only be made with Board approval. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT employees or be put out to competitive bidding under a procedure acceptable to the COUNTY and meets Federal requirements. The SUBRECIPIENT shall enter into a contract for improvements with the lowest, responsive, and qualified bidder as further set forth in Section 3.14 of this Agreement. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and a 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 that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work [22-SOC-00979/ 1760362/1 ] 3 Youth Haven, Inc. ES21-04 Rapid Rehousing Amendment #3 �d Packet Pg. 1038 1ti.D.3.d progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to 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 may cause payment suspension of any open pay requests until deliverables are received by CHS. Payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." (SIGNATURE PAGE TO FOLLOIVI M [22-SOC-00979I176036211 ] 4 Youth Haven, hic. ES21-04 Rapid Rehousing Amendmc Packet Pg. 1039 16.D.3.d ATTEST: AS TO THE COUNTY: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: RICK LOCASTRO, CHAIRMAN Dated: (SEAL) Date: WITNESSES: Witness#I Signature es 1-w t �Laf&tf� Witness #1 Printed Name Witness 2 Signature Gfi �l 1,4 d 4't?.i Witness #2 Printed Name Approved as to form and legality: Derek D. Perry Assistant County Attorney r��L Date: AS TO SUBRECIPIENT: YOUTH HAVEN, INC. By: �LINDA GOLDFIELD, EXECUTIVMOR Date: _ _ S'?C�Z�^� m [22-SOC-00979/1760362/t] 5 Youth Haven, Inc. ES21-04 Rapid Rehousing Amendme Packet Pg. !Lo FAIN # E-21-UC42-0016 Federal Award Date 10/2021 Federal Award Agency HUD CFDAName Emergency Solutions Grants CFDA/CSFA# 14,231 Total Amount of Federal Funds Awarded $715000.00 Subrecipient Name Youth Haven, Inc. DUNS# 077283349 FEIN 23-7065187 R&D No Indirect Cost Rate No Period of Performance January 1, 2022 — December 31, 2022 Fiscal Year End 06/30 Monitor End: 12/31/22 AGREEMENT BETWEEN COLLIER COUNTY AND YOUTH HAVEN, INC. Rapid Re -Housing Assistance and Case Management h THIS AGREEMENT is made and entered into this day of Pry , 2022, by and between Collier County, a political subdivision of the State of Fl ida, (CO TY or Grantee) having its principal address as 3339 E. Tamiami Trail, 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 Grants (ESG) program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re- housing assistance, and Homeless Management Information System [HMIS]); and Youth Haven, Inc. FS21-04 Rapid Rehousing Q Page 1 CJP WHEREAS, the Board of County Commissioners of Collier County (Board) approved the Collier County Consolidated Plan - One -Year Action Plans for Federal Fiscal Year 2021-2022 for the ESG Program at the June 22, 2021, Agenda Item 16.D.7. and the Substantial Amendment dated December 14, 2021, Agenda Item Board of County Commissioners meeting. WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the 2021-2022 Annual Action Plan, on April 30, 2021, with a 30-day Citizen Comment period from April 30, 2021 to May 31, 2021; and WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grants Project— (ES21-04) Rapid Rehousing. NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the Parties as follows: PART I SCOPE OF SERVICES The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG funds, as determined by Collier County Community and Human Services Division (CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grants Program will provide: Rapid Re -Housing for abused, neglected, abandoned, and homeless youth. Emergency Shelter Case Management for youth preparing to exit to Rapid Rehousing. Project Component One: Short- to medium -term rental assistance for abused, neglected, abandoned, and homeless youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments with a maximum limit of $3,000 per youth. Project Component Two: Case Management/Personnel Salaries including but not limited to, counseling, referrals to needed services, and developing an individualized housing and service plan, including a path to permanent housing stability. Youth Haven, Inc. C,A� ES21-04 Rapid Rehousing Page 2 1. Project Tasks: a. All households shall be served in compliance with the program regulations, as provided in Exhibits. b. Maintain documentation on all households served, in compliance with ►GL'��L.'�i IIIa c. Provide quarterly reports on meeting an ESG Eligible Activity. 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living, as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21), 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60) calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be submitted within sixty (60) days of the execution of this Agreement: Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Affirmative Action Plan Conflict of Interest Policy Procurement Policy Uniform Relocation Act Policy Sexual Harassment Policy Section 3 Policy Section 5041ADA Policy Fraud, Waste, and Abuse Policy Violence Against Women Act (VAWA) Policy LGBTQ Policy Language Assistance and Planning Policy (LAP) C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. Youth Haven, Inc. ES21-04 Rapid Rehousing Page 3 O CA 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. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Rapid Rehousing Project shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Short- to medium -term rental $45,000.00 assistance for abused, neglected, abandoned, and homeless youth including but not limited to, rent, security deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments with a maximum limit of $3,000 per youth. Project Component 2: Case Management/Personnel $26,000.00 Salaries including but not limited to, counseling, referrals to needed services, and developing an individualized housing and service plan, including a path to permanent housing stability. ESG Match Requirement: Match is required for a Documentation of 71,000.00 minimum of dollar -for -dollar with each submitted pay ESG Eligible request. Matching Funds Total Federal Funds: $715000,00 The SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance ® Maintain and provide to the COUNTY, as requested, beneficiary documentation, which supports the benefit of homelessness ® Maintain Eligibility Documentation, retained at SUBRECIPIENT location ® Provide Quarterly Reports and project progress ® Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS Youth Haven, Inc. ES21-04 Rapid Rehousing CQs� Page 4 ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications - ❑ Comply with Davis -Bacon Labor Standards - - ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ 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 for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: Street Outreach: funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations. Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, child care, education, employment assistance and job training, legal, mental health, substance abuse treatment, transportation, and services for special populations). Homelessness Prevention and Rapid Re-Housin¢: 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 Special Grant Condition Policies as stated in this Within sixty (60) days of Policies Section 1.1 agreement Agreement execution Youth Hnven, Inc. ES21-04 Rapid Rehousing Page 5 CAS Insurance Insurance Certificate Within 30 days of Agreement execution and annually within thirty 30 days of renewal Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A Specifications Subcontractor Log Subcontractor Log NIA Project Performance Report Exhibit C Quarterly; within 10 days after the end of the quarter. Final report due 60 days after agreement ends. Section 3 Report Quarterly reports on new hire N/A information Annual Audit Monitoring Exhibit D Annually, within 60 days after Report FY end Financial and Compliance Single Audit, Audited Nine (9) months for Single Audit Financials, Management Audit OR one hundred and Letter, and Supporting eighty (180) days after FY end Documentation Program Income Reuse Plan Approved by COUNTY N/A Plan Income Documentation ESG Applicable Form Maintained in the SUBRECIPIENT client files and validated during monitorin D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project CoMonent 1: Short- Exhibit B along with invoice and Monthly, by the 30rh to medium -term rental proof of rent payment as evidenced by of the month assistance for abused, cancelled checks, bank statements, following the month neglected, abandoned and utility bills, lease agreement, landlord of service homeless youth including but agreement (initial payment only), and not limited to, rent, security any other documents as requested. deposits, application fees, move -in costs, last month's rent, and utility deposits and/or payments with a maximum limit of $3,000 per youth. Project Component 2: Case Exhibit B along with documentation Monthly, by the 30th Management/Personnel to include but not limited to of the month Salaries including but not timesheets, payroll detail reports, following the month limited to, counseling, of service Youth Haven, Inc. A ES21-04 Rapid Rehousing Page 6 referrals to needed services, banking and any other documents as and developing an requested. individualized housing and service plan, including a path to permanenthousin stability. ESG Match Exhibit 134 with supporting Match Monthly Match: a documentation minimum of dollar - for -dollar, with each submitted pay request, until 100% of funded amount reached. E. Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English ("limited English proficient persons" or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HOME 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. 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on January 1, 2022 (or after an approved Enviromnental Review) and end on December 313 2022 (Term of Agreement). The services/activities of the SUBRECIPIENT shall be undertaken and completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing, by formal letter to the SUBRECIPIENT. Youth Haven, Inc. FS21-04 Rapid Rehousing Page 7 CAO 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SEVENTY-ONE THOUSAND DOLLARS AND ZERO CENTS ($71,000.00) for use by the 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 be more than 10 percent and shall not signify a change in scope. Fund shifts that exceed 10 percent of a project shall only be made with Board approval. All services/activities specified in Part 1 Scope of Services shall be performed by SUBRECIPIENT employees or be put out to competitive bidding under a procedure acceptable to the COUNTY and meets Federal requirements. The SUBRECIPIENT shall enter into a contract for improvements with the lowest, responsive, and qualified bidder as further set forth in Section 3.14 of this Agreement. Contract administration shall be managed by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until needed for eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this Agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations may be required if two consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. No payment will be made until approved by CHS for grant compliance and adherence to 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 may cause payment suspension of any open pay requests until deliverables are received by CHS. Payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." Youth Haven, Inc. ES21-04 Rapid Rehousing Page 8 CAS 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of the Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above is defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.327. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is, and may impose requirements upon the Developer to remain compliant with the COUNTY's obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 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, Florida 34112 Email: Linda.Goldfield@youtbhavenswfl.org Telephone:(239)687-5155 Youth Haven, Inc. FS21-04 Rapid Rehousing Page 9 (''AQ PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any dme dwing normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation, and any other data relating to all matters covered by the Agreement for review, inspection, or audit. Any deficiencies no in an reports must be fully cleared by the SUBRECIPIENT within 30 days after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of Federal award amounts expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements, 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to verify compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include, but is not limited to, the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. SUBRECIPIENT shall make available to the COUNTY at any time upon request, all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures, and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and Youth Haven, Inc. ES21-04 Rapid Rehousing Page 10 CAO 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, the SUBRECIPIENT shall maintain all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333. However, if any litigation, claim, or audit is started before the expiration date of the five (5) year period, the records will be maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement, it will notify the COUNTY, in writing, of the address where the records are to be kept, as outlined in 2 CFR 200.337. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement, and destroy any duplicate exempt or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239.252-6832, Michael Cox@colliercountyfl.eov, 3299 Tamiami Trail E, Naples FL 34112. E. SUBRECIPIENT will be responsible for the creation and maintenance of income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how compliance with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirements) under which funding has been received was achieved. These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100, income certification, and written agreements with beneficiaries, where applicable. Youth Haven, Inc. ES21-04 C� Rapid Rehousing O Page 11 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 this 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 SUBRECIPIENT's fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and supporting documentation nine (9) months (or one hundred eighty (180) days for Subrecipients exempt from Single Audit) after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a desktop review of the activities may be conducted in lieu of an on -site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of required reports. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws, regulations, and policies governing the funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to Ill records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD, WASTE, AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedwes sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide proper and effective management of all Youth Haven, Inc. ES21-04 C Rapid Rehousing Page 12 i0 Program and fiscal activities of the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of this Agreement or of any law or regulation, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY ResolutionNo. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. The escalation policy for noncompliance is as follows: Initial noncompliance may result in CHS issuing Findings or Concerns to the SUBRECIPIENT who must submit a corrective action plan to CHS within 15 days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. CHS will be available to provide Technical Assistance (TA) to the SUBRECIPIENT, as needed, to correct the noncompliance issue. SUBRECIPIENT fails to submit the corrective action plan in a timely manner, CHS may require a portion of the awarded grant amount be returned to the COUNTY. • CHS may require upwards of 5 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT may be denied future consideration as set forth in ResolutionNo. 2013-228. Youth Haven, Inc. ES21-04 CA Rapid Rehousing 0 Page 13 If the SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected, and has been informed by CHS of its substantial noncompliance by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, to be returned to the COUNTY. • CHS may require upwards of 10 percent of the award amount be returned to the COUNTY, at the discretion of the Board. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification, the SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board to immediately terminate the Agreement. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of 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 maybe contingent on the timely receipt of complete and accwate reports, and the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include a comprehensive final report covering the agreed - upon Program objectives, activities, and expenditures, including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form used to fulfill this requirement. Other reporting requirements may be required by the County Manager or designee if there are Program changes, the need for additional information or documentation arises, and/or legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Youth Haven, Joe. ES21-04 Rapid Rehousing Page 14 C9 0 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, will be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. The SUBRECIPIENT also agrees to comply with all other applicable Federal, State, and Local laws, regulations, and policies governing the funds provided under this Agreement. The SUBRECIPIENT further agrees to utilize the funds 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 SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or Local guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT. Youth Haven, Inc. Rapid R C Rapid Rehousing Page 15 40 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 I -IUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non -production of said federal funds, the financial resources necessary to continue to pay the SUBRECIPIENT all or any portion of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his or her sole discretion and judgment, that the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, 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 the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of 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 The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorships of the Program, research reports, and similar public notices, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement: Youlh Haven, Inc. ES21-04 Rapid Rehousing Page 16 00 "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 SUBRECIPIENT0 This design concept is intended to disseminate to the general public key information regarding the development team, as well as Equal Housing Opportunity. Construction signs shall comply with applicable county codes. 3.8 DEFAULTS, REMEDIES AND TERMINATION In accordance with 2 CFR 200.340, this Agreement may be terminated for convenience by either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and in the case of partial terminations, the portion to be terminated. However, in the case of a partial termination, if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety. This Agreement may also be terminated by the COUNTY, if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. SUBRECIPIENT's ineffective or improper use of funds provided under this Agreement D. SUBRECIPIENT's submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. SUBRECIPIENT's submission of any false certification. F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement. G. SUBRECIPIENT's failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project. Youth Haven, Inc. FS21-04 Rapid Rehousing Page 17 10 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 and specifying the effective date of such termination. If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. 3.9 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. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the matching contributions must meet all the requirements that apply to the ESG funds provided by I -IUD, 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), incuding the value of any real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program, provided that, if the SUBRECIPIENT had to pay for them with grant funds, the costs would have been allowable. Non -cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing Youth Haven, Inc. ES21-04 Rapid Rehousing 'YO Page 18 similar work, the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements, provided the costs are eligible ESG costs that supplement the ESG program. 3.10 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, are 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, as outlined in Executive Orders 12549 (1986) and 12689 (1989) Suspension and Debarment and 2 CFR 200.214, as further detailed in Section 4.18. 3.11 REVERSION OF ASSETS In the event of a termination or upon expiration of the Agreement, and in addition to any and all other remedies available to the COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG funds. The 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. 3.12 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried constantly during SUBRECIPIENT's performance under the Agreement. 3.13 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grants. (24 CFR 576 et seq.) Youth Haven, Inc. C ES21-04 Ap Rapid Rehousing Page 19 3.14 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 tbrough 200.326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0 - $50,000 3 Written Quotes $5001+ Formal Solicitation I'IB, RFP, etc. In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT shall procure, acquire, or use goods, products or materials produced in the United States. In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.323, All improvements specified in Part I Scope of Work shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be conducted by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.15 PROGRAM -GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use oI 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 activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and in compliance with 2 CFR 200.307 and 24 CFR 576.201. 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. 3.16 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records Youth Haven, Inc. FS21-04 Rapid Rehousing C Page 20 AO retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention law requirements will result in the more stringent law being applied, such that the record must be held for the longer duration. Any balance of unobligated funds that have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with Section 215.97, Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all federal grant requirements have been completed. 3.17 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic opportunities be directed to low- and very low-income residents of the 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 the SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG; providing services assisted under ESG; and providing services for occupants of facilities assisted under ESG. This involvement may include employment or volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors, and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968, and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.18 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES The SUBRECIPIENT will use its best efforts to afford small businesses and minority and women's business enterprises the maximum practicable opportunity to participate in the Youth Haven, Inc. ES21-04 Rapid Rehousing CAO Page 21 performance of this Agreement. As used in this Agreement, the term "small business" means a business that meets the criteria set forth in section 3 (a) of the Small Business Act, as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a business at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. The SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.19 PROGRAM BENEFICIARIES U 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 interim and/or closeout monitoring. 3.20 AFFIRMATIVE ACTION PLAN The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action Program, pursuant to the COUNTY's specifications, in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. If the Affirmative Action Plan is updated during the period of performance under this Agreement, the updated plan must be submitted to the COUNTY within 60 days of any update/modification. 3.21 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576,404 "Conflict of Interest," 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinance, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that 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. Youth Haven, Inc. ES21-04 CAO Rapid Rehousing page 22 Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed in writing to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.22 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards, as required by 24 CFR 576.403(b). 3.23 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.24 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400 for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.25 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES The SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment systems) 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 forth in Section 24 CFR 576.406. Youth Haven, Inc. ES21-04 Q Rapid Rehousing page 23 The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment and will not limit employment or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that a ESG funded religious congregation uses as its principal place of worship, however, are ineligible for ESG funded improvements. 3.28 INCIDENT REPORTING If services to clients are provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or disabled adult to the COUNTY. 3.29 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such a determination shall not affect the validity or enforceability of any other section or pant thereof. Youth Haven, Inc. ES21-04 O Rapid Rehousing Page 24 CN PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations regarding the ESG Program 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. hLtps•//www.ecfr.goy/cgi-bin/text- idx?SID-1 acdb92f3b05c3f285dd76c26dl4f54e&mc--true&node=pt24 1.58&rgn=div5 4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended hgps•//www hudexchange info/resource/2184/housingmand-community-development-hcd- act-of-1974/ 4.4 Title VI of the Civil Rights Act of 1964 as amended, biLtps://www.hud.goy/i)ropramdes2fiption/title6 Title VIII of the Civil Rights Act of 1968, as amended httys://www.eeoc.izov/laws/statutes/titlevii.cfm 4.5 24 CFR 576.407 - The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. htti)s•//www.eefr.gov/cgi-bin/text- idx?c—ecfr•sid=dc4c2f93cdad1U8974315fa2bfdf4cec•rgn=div5 •view=text:node=24%3A3. 1.1.3.8:idno=24:cc=ecfr .Ss•//www ecfr gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: bgps://www.dol.gov/agencies/ofccp/executive-order-1 1246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. httt)s://www.eeoc.gov/laws/statutes/titlevii.cfm 4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Youth Haven, Tnc, ES21-04 C Rapid Rehousing page 25 i+P Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. ittps://www.cefr.eov/current/title-24/subtitle-Apart-75?toc=1 The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. itti)://radresource.net/doc out.cfrn?id=Sec3Guide The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/current/title-24/subtitle-A/part-75?toc=1 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Youth Haven, Inc. ES21-04 Rapid Rehousing Page 26 Q G�' Age Discrimination Act of 1975 jups://www.law.comell.edu/uscode/text/42/chvter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo 11246.htm 11375: Amended by EO 11478 11478: https•//www archives gov/federal-register/codification/executive- order/11478.html 12107:https•//www archives gov/federal-register/codification/executive-order/12107.htm1 12086:https•//www archives gov/federal-register/codification/executivemorder/12086.htm1 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https•//www govregs com/regulations/exl)and/title24yart5 subpartA section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. hhtt s•//www dol gov/whd/regs/statutes/safe0l.pdf 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614 Subpart K. Section 504: https://www.epa. og v/ocr 29 USC 776: httt)s://Iaw.onecle.com/uscode/29/776.html 24 CFR 570,614: httys://www.law.comell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https•//www.hud.gov/hudprogrwns/eohudu 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. b—qs://www.thwa.dot.gov/real estate/uniform act/index.cfm 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by ESG. Davis -Bacon Act: 42 USC 276a to 40 USC 276a: https•//uscode house gov/view.xhtml?reg=pranuleid:USC- 1 999-title4O-section276a- 7&num7--O&edition--1999 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans ol• Grants from the United States hLqps://www.law.comell.edu/cfr/text/2,9,Poart-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) httys://www.law.comell.edu/cfr/text/29/Tartm5 Youth Haven, Inc. FS21-04 Rapid Rehousing Page 27 O Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.i)residency.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.govinfo.gov/contgnt/pkg/IJSCODEm20lO- title 18/pdf/USCODE-2010-title 18.pdf 40 U.S.C. 276c httns•//uscode house.gov/view.xhtml?reg=aranuleid:USC-1999-tit1e40- section276c&num=0&edition=1999 4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Community Development Block Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. httns•//www archives.gov/federal-register/codification/executive-order/l1625.html 4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: hLtps://www.eefr.gov/cgi-bin/text" idx7c=ecfr• sid=dc4c2f93 cdadf08974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3. . 1.1.3.8;idno=24;cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430 -the Fair Housing Amendments Act of 1988. httns•//www ncbi.nl111.nih.eov/pubmed/12289709 4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. httns //www.hud.gov/sites/documents/DOC 7771.PDF https://www.iustice.goy/crt/fair-housing-actml Executive Order 11063 — Equal Opportunity in Housing httns•//www archives.gov/federal-register/codification/executive-order/I 1063.html Executive Order 11259 "Leadership & Coordination of Fair Housing in Federal Programs httns•//www archivcs.izov/federal-register/codification/executive-order/12259.html 24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O. httys://www.law.comell.edu/cfr/text/24/t)art=107 Youth Haven, Inc. ES21-04 Rapid Rehousing Page 28 GQ0 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgibin/text idx?tpl=/ecfrbrowse/Tit1e02/2cfi200 main 02.tn1 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 h4ps://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.24 Prohibition of Gifts to COUNTY Employees - No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service, or other item of value to any COUNTY employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- https://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_l 12,part_i ii Collier County- https //sp16 bcc colliereov net/sites/flumanResources/Shared%20Documents/Count Practices-and-Procedures- (CMA)/CMA0/o2053ll%20Code%20of%20Ethics%20and%20Anti%20Fraud. df 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 parry 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 Youth Haven, Inc. ES2]-04 Rapid Rehousing page 29 decision -making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed -upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. hjiLtps://www.flsenate.gov/Laws/Statutes/2012/44.102 4.28 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act, 41 USC 7401, et seq. hbm s•//www govinfo aov/content/pkg/USCODE-2010-title42/htmWSCODE- 2010-title42-cha 85.htm https://www.law.comell.edu/uscode/text/42/chal)ter=85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https•//www govinfo Gov/content/pkg/USCODE-2011-title33/pdf/USCODE- 2011-title3 3-chap26xdf https•//www law comell;edu/uscode/text/33/chapter-26 4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https•//www epa gov/enforcement/resource-conservation-and-recovery-act- rcra-and-federal-facilities htti)s://www.law.comell.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 SUBRECIPIEN I 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. htti)s://www.law.comell.edu/cfr/text/24/570.605 4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the HUD Lead -Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. https•//www gpo ¢ov/fdsys/granule/CFR-2000.title24-vol3/CFR-2000-title24-vol3- sec570-608-id163 Yonth Haven, Inc. ES21-04 Rapid Rehousing 0 Page 30 OV 4.32 The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State or Local historic property list. https //www nns ¢ov/history/local-law/nhpa1966 htm 4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance with the Drug -Free Workplace Act of 1988 (41 USC 701). https•//www gpo gov/fdsys/granule/USCODE-2009-title4l/fJSCODE-2009-title4l- chapl0-sec701 4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive oeder 12549. https•//www archives gov/federal-register/codification/executive-order/12549.html 4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq. 4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the SUBRECIPIENT's fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. https://www.ecfr.gov/cgimbin/text- idx?SID=5a78addefff9a535e83fed3OlO3O8aef&mc--true&node=se2.1.200 1344&rgn=di v8 4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Youth Haven, Inc. ES21-04 O Rapid Rehousing r Page 31 G Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D). https•//www gno Qov/fdsys/granule/CFR=2009-title49-voll/CFR-2009-title49-voll-nart24 4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes. http•//www leg state fl us/Statutes/index cf n?Apv mode --Display Statute&Search Strin Q=&URL=0200-0299/0287/Sections/0287.133.htm1 4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for 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 Fomi-LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). bitps•//www epo gov/fdsys/amle[USCODE-2009mtitle4l/USCODE-2009-title4lm chai10-sec701 /content-detail.html 4.41 Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in effect at the time of travel. hhtt s•//www gsa goy/i)ortal/content/l04877 Youth Haven, Inc. FS21-04 Rapid Rehousing page 32 C GQ` 4.42 Housing Counseling, including homeownership counseling or rental housing counseling, as defined in §5.100, required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12 U.S.C. 1701x, per 24 CFR 5.111. bttys://www.ecfr.gov/cgi-bin/text- idx?SID=e339ece9fdfd1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&rgn--div6 htti)s://www.law.comell.edu/cfr/text/24/5.1 11 4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)) Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)) Section 3(m) of the Food and Nutrition Act of 2008 7 U.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)) bgps //www federalregister gov/documents/2016/12/20/2016-30241/runaway and- homeless-vouth 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. htWs //www federalregister gov/documents/2016/11/16/2016.25888/violence-against- women reauthorization act of 2013-implementation-In-hud-housmg-nroprams 4.45 Any rule or regulation determined to be applicable by HUD. 4.46 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1, 2021. Eligibility determination is not required for continuing employees hired prior to January 1, 2021. lift - _//www leg state fl us/statutes/index cfrn?Anp mode=Disnlav Statute&URL=0400- 0499/0448/0448.htm1 4.47 Florida Statutes 713,20, Part 1, Construction Liens hit s //www leg state fl us/Statutes/index cfm?Ann mode=Disnlav Statute&URL=0700- 0799/0713/0713.html 4.48 Florida Statutes 119.021 Records Retention hLtpi//www.leg.state.fl.us/Stattites/index.cftiiApp mode=Disnlav Statute&URL=0100- 0199/0119/Sections/0119.021.htm1 Youth Haven, Inc. ES21-04 Rapid Rehousing 4 Page 33 G 4.49 Florida Statutes, 119.071, Contracts and Public Records hgp //www le¢ state fl us/Statutes/index cfm7Aan mode=DiWlav Statute&URL=0100- 0199/0119/Sections/0119.071.htm1 4.50 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http•//www.lep.gov. 4.51 Equal Treatment of Faith -Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see httys://olp.gov/about/o2 /partnerships.htm. Discrimination onthe basis of religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based organizations to receive HUD funds while taking into account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. 4,52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context, except when specifically authorized. The SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/about/ocr/l)dfsf(JseofConviction Advisorv.ndf for more details. 4.53 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local, state, and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local, state, or federal legislatures. 4.54 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee, agent, contractor, srantee ubg, subcontractor, or other person has either (i) submitted a false claim for grant funds under Youth Haven, Inc. FS21-04 Rapid Rehousing page 34 Q`O G the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds 4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this Agreement shall be used for any political activities or to further the election or defeat of any candidates for public office. Neither this Agreement nor any funds provided hereunder shall be utilized in support of any partisan political activities or activities for or against the election of a candidate for an elected office. 4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 4.57 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any of its employees. The details of the SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at https•//oiu gov/funding/Explore/ProhibitedConduct-Traffickingshtm. 4.58 Association of Community Organizations for Reform Now (ACORN): The SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of Office of Justice Program (OJP). 4.59 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, the SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by HUD. httys://www.ecfr.gov/cp,im bin/retrieveECFR?gt)=&SID=aOO4b6bf2O934ace7a7l7de76I dc64c0&mcrtrue&n=pt37.1 .401&r=PART&ty=HTML Signature Page to Follow Youth Haven, Inc. ES21-04 Rapid Rehousing Page 35 U IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: CRYSTAL K. KItZEL,' CLERIC St Otto Chairrhari,'8 " A signature onl\r. Dated: 00242ow ( h Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney Date: ��! a� BOARD OF William L. McDaniel, Jr., Chairman Date: 1 1 I I � a YOUTH HAVEN, INC. By LINDA GOLDFIELD, EXEC E DIRECTOR c� rb10N �\ OP Youth Hnvcn, hoc. [iS21-04 aQ� Rnpid Rehousing - pagc3G '7 T XHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall famish to Collier County, c/o Community and Human Services Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440, Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with this contract in an amount not less than $1.000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE (IF APPLICABLE) In addition to the insurance required in 1— 3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE (IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area Youth Haven, Inc. PS21-04 Rapid Rehousing Page 37 G identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). OPERATION/MANAGEMENT PHASE (IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or 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 structures) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. Youth Heven, Inc. ES21-04 Rapid Rehousing Page 38 GPO EXHIBIT B COLLIER COUNTY COMMUNITY & HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: YOUTH HAVEN, INC SUBRECIPIENT Address: 5867 Whitaker Road, Naples, F134112 Project Name: Rapid Rehousing/Case Management Project No: ES21-04 _ Payment Request # Total Payment Minus Retainage Period of Availability: _ tlu•ough Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1. Grant Amount Awarded 2. Total Amount of Previous Requests 3. Amount of Today's Request (Net of Retainage, if 4. Culrent Grant Balance (Initial Grant Amount request) (includes Retainage) CHS Approved I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Authorizing Grant Coordinator Date Authorizing Grant Accountant Supervisor (Approval required $ I5,000 and above) Division Director (Approval Required $15,000 and above) Youth Haven, Inc. ES21-04 C Rapid Rehousing Page 39 G� Exhibit B4 Match Form Collier County Request for Match SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Youth Haven, h1c. Sub recipient Address: 5867 Whitaker Road, Naples, FL Pro'ectName: Rapid Rehousin Project No: ES21-04 Match Re uest# Match Amount Reguest Today: $0.00 SECTION I: STATUS OF FUNDS 1. Total Match Amount per Agreement $0.00 Total Amount of previous Match Submitted (Insert $0.00 2. Amount) Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $0,00 3, 4. Amount of Today's Request (Insert Amount) woo Match Balance (Match per Agreement less the Sum of $0.00 5. All Match Submitted) I certify that this requestforpayment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and be ,all ant re uirements have been ollowed. Signature Title Authorizing Grant Coordinator Supervisor I Authorizing Grant Accountant Division Director Youth Haven, Inc. C ES21-04 Rapid Rehousing Page 40 G EXIIIBIT C Emergency Solutions Grants (ESG) Rapid Rehousing Quarterly Report Subreci Tent Name: Report Period: Fiscal Year: Contract Number: Organization/s: Program/s: Contact Name: Contact Number: Youth Haven, Inc. ES21-04 Characteristics Report R ort Selection Criteria .. eP Ethnici Non - Race -Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial v 7V,.mr,wr of adults and children served: a. Residential Number of Adults Number of Children Number of Unknown Age b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of mmvinualsnamu.es so, vou, N �� •�• a. Number of individual households Male Female over 17 b. Number of Families with children b. Non -Residential Number of Adults Number of Children Number of Unknown Age 3. Number of mmvinualsnamu.es so, vou, N �� •�• a. Number of individual households Male Female over 17 b. Number of Families with children 3. Number of mmvinualsnamu.es so, vou, N �� •�• a. Number of individual households Male Female over 17 b. Number of Families with children Male Female Headed b sin le 18 and over Headed by sin le 17 and under Headed by two parents 18 and over Headed by two parents 17 and under. Number of Families with no children TOTAL Youth Haven, Inc. ES21-04 Rapid Rehousing page 41 rntnl nrniecttsltservicetsl provided to clients in ran e: a. emergency shelter facilities shelter b. vouchers for shelters c. drop -in center d. food pantry el mental health f. alcohol/drug g. childcare h. employment i. transitional outreach k. soup kitchen/meal distribution I. health care m. HIV/AIDS services n. other lease list S. 1Vnmbel' OI C1IenlS Sel'vGu u au wwu.... ...- ••_-.-__ _____ _ f. Chronic Substance Abuse alcohol and/or dru a. ChronicallyHomeless b. Victims of Domestic Violence g. Severely Mentally III c. Elderly h. Runaway / throwaway youth d. Veterans i. Other disability (Physical and/or Developmental) e. Individuals with HIV/AIDS (Chronically Homeless -HUD defnition 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.) O. l.11elll� uV uacu u Mobile HomelTrailer Barracks Grou /Lar e House Hotel/Motel Scattered Site Apartment Other A artment/Com lex Single Family Detached House Other Single -Family Duplex Single Room OccupancY Other TOTAL I hereby certify the above information is true and accurate. Signature: Printed Name: Title: Date: Yow• typed name here represents your electronic siP_nahu•e. Youth Haven, Inc. FS21-04 We Rapid Rehousing Page 42 E%IIIBIT D ANNUAL AUDIT MONITORING REPORT mv Circular 2 CFR Part 200.332 requires Collier County to monitor (subrpecipi,nts of federal Collier Countyrequires subrecipients are compliant with established audit requirements (Subpart F), Accordingly, Y that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act Youth Haven, Inc. =first Date of Fiscal rear tiuu�uuu� T 07/01/2021 Total Federal Financial Assistance 0 u C Print Last Date of Fiscal Year tmiruuui 013012022 Total State Financial Assistance Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ Are a for -profit organization ❑ Are exempt for other reasons — explain An audited financial statement is attached and if applicable, the independent auditor's management letter. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the .. _.__ __�..__ �, ,,� Mn imniomanfed and when it was or will be implemented* that the above information is true and accurate. ES21-04 Rapid Rehousing Page 43 Date EXHIBIT E HUD EMERGENCY SOLUTIONS GRANTS (ESG ) RAPID RE -HOUSING and HOMELESSNESS PREVENTION (RRHP) ESG funds may be used to provide housing relocation and stabilization services and short- and/or medium -term rental assistance necessary, under the following ESG components, to: A. Rapid Re -housing — help a homeless individual or famility move as quickly as possible into permanent housing and achieve stability in that housing, as described in 24 CFR576.104; and B. Homelessness Prevention —prevent an individual or family emergency shelter or other housing that has characteristic associated with instability and an increased risk of homelessness, as described in 24 CFR 576.103. The SUBRECIPIENT must assist each program participant, as needed, to obtain: Supportive Services A. Appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. B. Other Federal, State, Local, and private assistance available to assist the program participant in obtaining housing stability, including: (i,) Medicaid (42 CFR chapter IV, subchapter C) Supplemental Nutrition Assistance Program (7 CFR parts 271-283) Women, Infants and Children (WIC) (7 CFR part 246) (iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-603, 606, 60% 614-617, 625, 640, 650) (v•) Social Security Disability Insurance (SS DI) R CFR part 404) (vi.) Supplemental Security Income (SSI) (20 CFR part 416) (vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226); (viii.) Other assistance available under the programs listed in 24 CFR 576.400(c) Participation of Homeless/Formerly Homeless Individuals: The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or formerly homeless individuals on its board of directors or equivalent policy -making entity that considers and makes policies and decisions regarding any facility, services, or other assistance received through this Agreement. Further, to the maximum extent practicable, the SUBRECIPIENT shall involve homeless individuals and families, through employment or as volunteers, in maintaining and operating facilities, providing activities for, and providing services to occupants of facilities assisted through this Agreement. Youth Haven, Inc. ES21-04 Vk Rapid Rehousing Page 44 Confidentiality: A. The SUBRECIPIENT must develop and implement written procedures to ensure: (i) All records containing personally identifying information (as defined in HUD's standards for participation, data collection, and reporting in a local MUS) of any individual or family who applies for and/or receives ESG-RRHP assistance will be kept secure and confidential. (ii) The address or location of any domestic violence, dating violence, sexual assault, or stalking shelter project assisted under the ESG-RRHP will not be made public, except with written authorization of the person responsible for the operation of the shelter. (iii) The address or location of any housing of a program participant will not be made public, except as provided under a preexisting privacy policy of the SUBRECIPIENT and consistent with state and local laws regarding privacy and obligations of confidentiality. B. The SUBRECIPIENT'S confidentiality procedures must be in writing and must be maintained in accordance with this section. Evaluation of Program Participant's Eligibility and Needs: Rapid Rehousing Assistance Evaluation A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). B. Re-evaluations for rapid re -housing assistance. The SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs, not less than once annually for program participants receiving rapid re- housing assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. Pursuant to a temporary waiver, to reduce the spread of COVID49, was approved by HUD, effective 03/31/2020. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG rapid rehousing assistance. C. The SUBRECIPIENT must require each program participant receiving ESG rapid rehousing assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must Youth Haven, Inc. ES21-04 Rapid Rehousing Page 45 UP re-evaluate the program participant's eligibility and the amount and types of assistance Inc program participant needs. Homelessness Prevention Assistance Evaluation D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the individual or family's eligibility for ESG homelessness prevention assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. These evaluations must be conducted in accordance with the assessment requirements set forth under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e). E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b), subrecipients are required to to re-evaluate the program participant's eligibility, not less than every three (3) months. However, a temporary waiver, to reduce the spread of COVID-19, was approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six (6) months, for a period of up to two (2) years. As such, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the types and amounts of assistance the program participant needs, not less than once every six (6) months for program participants receiving homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must establish that: (i) The program participant does not have an annual income that exceeds 50 percent of median family income for the area, as determined by HUD. (ii) The program participant lacks sufficient resources and support networks necessary to retain housing without ESG homelessness prevention assistance. F. The SUBRECIPIENT must require each program participant receiving ESG assistance to notify it regarding changes in the program participant's income or other circumstances (e.g., changes in household composition) that affect the program participant's need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the program participant's eligibility and the amount and types of assistance the program participant needs. Rental Assistance Agreement: The SUBRECIPIENT may make rental assistance payments only to an owner with whom the SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement must set forth the terms under which rental assistance will be provided. The rental assistance agreement must provide that, during the term of the Agreement, the owner must give the SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or any complaint used under state or local law to commence an eviction action against the program participant. The SUBRECIPIENT must make timely payments to each owner in accordance with the rental assistance agreement. The rental assistance agreement must contain the same payment due date, Youth Haven, Inc. Opt ES21-04 Rapid Rehousing Page 46 grace period, and late payment penalty requirements as the program participant's lease. The SUBRECIPIENT is solely responsible for paying, with non-ESG-RRP funds, late payment penalties that it incurs. Leases: The SUBRECIPIENT agrees that each program participant receiving rental assistance must have a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears. The lease must be between the owner and the program participant. Where the assistance is solely for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement gives the program participant an enforceable leasehold interest under state law and the agreement and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or canceled checks. For program participants living in housing with project -based rental assistance, the lease must have an initial term of one year. Case Management: The SUBRECIPIENT must require each program participant to meet with a case manager not less than once per month to assist the program participant in ensuring long-term housing stability. SUBRECIPIENT must develop a plan to assist the program participant to retain permanent housing after the ESG-RR HP assistance ends, taking into account all relevant considerations, such as the program participant's current or expected income and expenses, other public or private assistance for which the program participant will be eligible and likely to receive, and the relative affordability of available housing in the area. The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits the recipient or SUBRECIPIENT from making its shelter or housing conditional on the participant's acceptance of services. Tenant -Based Rental Assistance: A. A program participant who receives tenant -based rental assistance may select a housing unit in which to live and may move to another unit or building and continue to receive rental assistance, as long as the program participant continues to meet the program requirements B. The SUBRECIPIENT may require that all program participants live within a particular area for the period in which the rental assistance is provided. C. The rental assistance agreement with the owner must terminate and no further rental assistance payments under that agreement may be made if: (i) The program participant moves out of the housing unit for which the program participant has a lease; (ii) The lease terminates and is not renewed; or (iii)The program participant becomes ineligible to receive ESG-RRHP rental assistance. Youth Haven, Inc. ES21-04 Rapid Rehousing OP, Page 47 J D. When the SUBRECIPIENT enters into a rental assistance agreement with a participant/tenant (RAP), it will be obligated to provide rental assistance on behalf of that participant/tenant throughout the term of the RAP unless the COUNTY terminates this Agreement or if any of the conditions occur that warrant termination. Affirmative Outreach: The SUBRECIPIENT must make known that use of the facilities, assistance, and services are available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and services will reach persons of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must establish additional procedures that ensure that those persons are made aware of the facilities, assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective communication with persons with disabilities including, but not limited to, adopting procedures that will make available to interested persons information concerning the location of assistance, services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure meaningful access to programs and activities for limited English proficiency (LEP) persons. Meaningful Access to the ESG-RRP Program for Limited English Proficient Persons: Persons who, as a result of national origin, do not speak English as their primary language and who have limited ability to speak, read, write, or understand English (limited English proficient persons or LEP) may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of 1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities for LEP persons. Any of the following actions could constitute "reasonable steps," depending on the circumstances: acquiring translators to translate vital documents, advertisements, or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; and contracting with a telephone line interpreter service, etc. Terminating Assistance: If a program participant violates program requirements, the SUBRECIPIENT may terminate the assistance in accordance with a formal process established by the SUBRECIPIENT and this process shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment and examine all extenuating circumstances in determining when violations warrant termination, so that a program participant's assistance is terminated only in the most severe cases. To terminate rental assistance to a program participant, the required formal process, at a minimum, must consist of: Youth Haven, Inc. FS21-04 Rapid Rehousing Page 48 O� g V A. Written notice to the program participant containing a clear statement of the reasons for termination; B. A review of the decision, in which the program participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and C. Prompt written notice of the final decision to the program participant. Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to the same family or individual Housing Quality Standards: The SUBRECIPIENT cannot use ESG-RRHP funds to help a program participant remain or move into housing that does not meet the habitability standards set forth in 24 CFR 576,403 (c) as detailed in Exhibit F. Lead -Based Paint Remediation and Disclosure: The Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 48514856), and implementing regulations in 24 CFR part 35, subparts A, B, H, J, K, M, and R, apply to all housing occupied by program participants. Youth Haven, Tnc. Ot ES21-04 v Rapid Rehousing Page 49 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials. The 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 residence. 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, stairwell, and other common areas. There must be a second means of exiting the building in the event of fire or other emergency. Youth Haven, Inc. O E521-04 Rapid Rehousing Page 50 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. 110461 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C. 290aa-5) (7) Healthcare for the Homeless (42 CFR part 51 c) (8) Programs for Runaway and Homeless Youth (Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act (42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act) (11) Emergency Food and Shelter Program (title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act (38 U.S.C. 2021) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C. 2043) Youth Haven, Inc. ES21-04 Rapid Rehousing Page 51 [` (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program (38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative (38 U.S.C. 2031) (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990) (2) Housing programs receiving tenant -based or project -based assistance under Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891) (4) HOME Investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program (42 CFR part 457) (8) Head Start (45 CFR chapter XIII, subchapter B) (9) Mental Health and Substance Abuse Block Grants (45 CFR part 96) (10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants are consistent with the written standards required by paragraph (e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (e) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach. Youth Haven, Inc. ES21-04 Rapid Rehousing Page 52 Ok ,3 (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families' needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re -housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re -housing assistance. (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re- housing assistance. (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide to a program participant, including the limits, if any, on the homelessness prevention or rapid re -housing assistance that each program participant may receive, such as the maximum amount of assistance, maximum number of months the program participant receive assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database, in accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client -level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based on the data. Information entered into a comparable database must not be entered directly into or provided to an HMIS. Youth Haven, Inc. ES21-04 Rapid Rehousing OdJ