Agenda 06/13/2023 Item #16D8 (Agreement between Collier County and The Shelter for Abused Women & Children Inc - $15,000.00)16.D.8
06/13/2023
EXECUTIVE SUMMARY
Recommendation to approve an extension to the Emergency Solutions Grant -CV expenditure deadline and
authorize the Chairman to sign the Agreement between Collier County and The Shelter for Abused Women
& Children, Inc., to support shelter operations in the amount of $15,000.
OBJECTIVE: To allocate Emergency Solution Grant (ESG-CV) funds to support Emergency Shelter Operations
to benefit victims of domestic violence who are homeless or at risk of homelessness in Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) Emergency Solutions
Grant Program - CV provides funding for any of the five (5) program components (street outreach, emergency
shelter, homelessness prevention, rapid rehousing assistance, and Homeless Management Information Systems
(HMIS).
On June 28, 2016, the Board of County Commissioners (Board) approved the County's Five -Year Consolidated
Plan for the use of entitlement funds for the period of FY 2016-2021, Agenda Item #16.D.23. The Board approved
the One Year Action Plan for FY 2019-2020 on June 25, 2019, Agenda Item #I6.D.2.
During the declared state of emergency in 2020, the County Manager pursuant to Resolution 2020-50 approved and
the Board subsequently ratified on May 12, 2020, Agenda Item #16.F.La.6, the County Manager's action to amend
the 2019-2020 One Year Action Plan to recognize the first round of Emergency Solutions Grants (ESG COVID)
funding for $707,128. On November 10, 2020, Agenda Item #16D8, the Board approved a second amendment to
the FY2019-2020 Action Plan to recognize additional funding in the amount of $2,476,642. This second round of
ESG-CV brought the County's ESG allocation to $3,183,770. On April 18, 2022, HUD published CPD Notice 22-
06 allowing grantees additional time to expend ESG CV funds, and as such removed the expenditure deadline
targets and permitted participating jurisdictions until September 30, 2023, to expend 100% of all funds.
With the expenditure deadline extension, the County had unexpended administrative dollars and better serve the
community and meet the expenditure deadline, the proposed agreement with the Shelter for Abused Women &
Children, Inc. (SAWCC) will assist the County with expending ESG-CV funding. The proposed scope of work
includes activities for shelter operations to continue to prevent, prepare for, and respond to the pandemic. The total
award is $15,000 and the period of performance is January 1, 2023 to July 31, 2023; there is no match obligation
associated with this award.
FISCAL IMPACT: This action has no new Fiscal impact. The funding source for this grant is the United States
Department of Housing and Urban Development ESG-CV grant. Funds are budgeted in the HUD Grant Fund
(1835), Project 33675.
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 an extension to the Emergency Solutions Grant -CV expenditure deadline
and authorize the Chairman to sign the Agreement between Collier County and The Shelter for Abused Women &
Children, Inc., to support shelter operations in the amount of $15,000.
Prepared By: Carrie Kurutz, Grant Coordinator 1, Community & Human Services Division
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16.D.8
06/13/2023
ATTACHMENT(S)
1. CPD NOTICE 2022-06 - Ref p.3 (PDF)
2. AGRMT SAWCC ES22-01 (FINAL)_DDP SAWCC (PDF)
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16.D.8
06/13/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.8
Doe ID: 25458
Item Summary: Recommendation to approve an extension to the Emergency Solutions Grant -CV expenditure
deadline and authorize the Chairman to sign the Agreement between Collier County and The Shelter for Abused
Women & Children, Inc., to support shelter operations in the amount of $15,000.
Meeting Date: 06/13/2023
Prepared by:
Title: — Grants
Name: Carrie Kurutz
05/05/2023 5:07 PM
Submitted by:
Title: Manager - Federal/State Grants Operation — Community & Human Services
Name: Kristi Sonntag
05/05/2023 5:07 PM
Approved By:
Review:
Community & Human Services
Kristi Sonntag
Additional Reviewer
Community & Human Services
Kristi Sonntag
CHS Review
Operations & Veteran Services
Jeff Weir
OVS Director Review
Community & Human Services
Donald Luciano
Additional Reviewer
Community & Human Services
Kim Frazier
Additional Reviewer
Public Services Department
Todd Henry
PSD Level 1 Reviewer
Grants
Erica Robinson
Level 2 Grants Review
County Attorney's Office
Derek D. Perry
Level 2 Attorney Review
Public Services Department
Tanya Williams
PSD Department Head 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
Office of Management and Budget
Blanca Aquino Luque Additional Reviewer
Grants
Therese Stanley
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
05/11/2023 5:54 PM
Completed
05/11/2023 5:54 PM
Completed
05/12/2023 9:20 AM
Completed
05/12/2023 10:31 AM
Completed
05/16/2023 12:25 PM
Completed
05/18/2023 7:30 AM
Completed
05/23/2023 1:56 PM
Completed
05/24/2023 9:39 AM
Completed
06/05/2023 8:51 AM
Completed
06/05/2023 9:35 AM
Completed
06/05/2023 10:44 AM
Completed
06/06/2023 12:22 PM
Completed
06/06/2023 2:51 PM
Completed
06/06/2023 4:18 PM
Completed
06/06/2023 4:52 PM
06/13/2023 9:00 AM
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16.D.8.a
U.S. DEPARTNff-NT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-7000
r
OFFICE OF 00,M% U:+M PL.AMWG
AND DELMA)EN01T
Special Attention of:
All CPD Directors
HUD Field Offices
HUD Regional Offices
All ESG Program Recipients and Subrecipients
All Continuums of Care
Notice: CPD-22-06
Issued: April 18, 2022
Expires: This notice is effective until amended,
superseded, or rescinded.
Cross References: Notice CPD-21-08, Notice
CPD-21-05
SUBJECT: Waivers and Alternative Requirements for the Emergency Solutions Grants
Program Under the CARES Act (ESG-CV); Amendments and Clarifications
TABLE OF CONTENTS:
I. Background
II. Purpose
III. Waiver and Alternative Requirement Authority
IV. Waiver of Limits on Housing Stability Case Management
V. Changes to Applicable Deadlines and Recapture Process
VI. Recapture and Reallocation of Funds
VII. Requirements for Reallocated Funds
VIII. Prior ESG Appropriations
IX. Finding of No Significant Impact
Appendix 1
I.BACKGROUND
On March 27, 2020, the President signed the Coronavirus Aid, Relief, and Economic
Security (CARES) Act (P.L. 116-136) into law. The CARES Act provided $4 billion for the
Emergency Solutions Grants (ESG) Program to prevent, prepare for, and respond to coronavirus
among individuals and families who are homeless or receiving homeless assistance and to
support additional homeless assistance and homelessness prevention activities to mitigate the
impacts created by coronavirus. HUD allocated the first $1 billion of this ESG-CV funding on
April 2, 2020, and the remaining $2.96 billion on June 9, 2020. HUD also used 1 percent of the
CARES Act's appropriation for the ESG program to increase capacity building and technical
assistance for ESG recipients.
HUD issued a comprehensive ESG-CV notice (Notice CPD-20-08) to establish the waivers and
alternative requirements for the ESG program under the CARES Act on September 1, 2020.
Other ESG-CV flexibilities were made available as announced on May 22, 2020, September 30,
2020, and April 14, 2021. On July 19, 2021, HUD issued a new comprehensive ESG-CV
Program Notice (Notice CPD-21-08), which superseded Notice CPD-20-08 and both iterated and
M
e.
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16.D.8.a
expanded the flexibilities made available for ESG-CV grants. Both the 2020 ESG-CV Notice and
2021 ESG-CV Notice contained interim expenditure deadlines of September 30, 2021 (for 20
percent of grant funds) and March 31, 2022 (for 80 percent of grant funds) and a final
expenditure deadline of September 30, 2022 (for 100 percent of grant funds). However, in both
of these comprehensive ESG-CV Notices, HUD expressly reserved discretion to issue a separate
notice providing waivers and alternative requirements to replace the process for reallocating
recaptured ESG-CV funds under section 24 CFR 576.300(2). This Notice reflects HUD's further
consideration of the deadlines contained in the 2020 ESG-CV Notice and 2021 ESG-CV Notice,
as well as HUD's determinations as to how recaptured funding is to be reallocated and used to
correspond to the ongoing and changing needs of preventing, preparing for, and responding to
coronavirus among individuals and families who are homeless or receiving homeless assistance
and supporting additional homeless assistance and homelessness prevention activities to mitigate
the impacts created by coronavirus.
II. PURPOSE
This Notice makes changes to the waivers and alternative requirements that set March 31, 2022
a
as the deadline for expending 80 percent of each ESG-CV grant and September 30, 2022 as the
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deadline for expending 100 percent of each ESG-CV grant. This Notice also includes a new
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waiver of housing stability case management limits as well as new waivers and alternative
requirements specifying how recaptured ESG-CV funds will be reallocated and made available
00
I*
for immediate use in preventing, preparing for, and responding to individuals and families who
are homeless or receiving homeless assistance and supporting additional homeless assistance and a
homelessness prevention activities to mitigate the impacts created by coronavirus.
Unless expressly stated below, this Notice does not change any other currently applicable ESG-
CV requirements or waivers. However, HUD reserves the right to reassess and make further
changes to any waivers or alternative requirements established under this Notice, Notice CPD-
21-08, or other HUD issuances, if HUD finds there has been a relevant change in the facts or
legal authority supporting those waivers or alternative requirements.
III. WAIVER AND ALTERNATIVE REQUIREMENT AUTHORITY
As provided by the CARES Act, HUD may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of ESG-CV funds, except for requirements
related to fair housing, nondiscrimination, labor standards, and the environment. For the reasons
stated with each waiver or alternative requirement established in this Notice (including each
change to a waiver or alternative requirement under Notice CPD-21-08), HUD has determined
that good cause exists for each waiver or alternative requirement and that the waiver or
alternative requirement is necessary to prevent, prepare for, and respond to coronavirus.
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16.D.8.a
IV. WAIVER OF LIMITS ON HOUSING STABILITY CASE MANAGEMENT
In Section III.E.4.g(i) of Notice CPD-21-08, HUD waived the requirement at 24 CFR 576.105(c)
limiting the total period of time for which any program participant may receive the services
under 24 CFR 576.105(b) to 24 months during any 3-year period. HUD also waived the 30-day
limit established in 24 CFR 576.105(b)(2) to the extent necessary to allow recipients or
subrecipients to provide up to 60 days of housing stability case management while the program
participant is seeking housing. However, HUD did not waive the requirement at 24 CFR
576.105(b)(2) limiting the total period of time for which any program participant may receive the
services under paragraph (b)(2) to 24 months during the period the program participant is living
in permanent housing.
In order to ensure current program participants receiving homelessness prevention and rapid
rehousing assistance do not lose their housing during the coronavirus public health crisis and
subsequent economic impacts caused by the crisis, HUD is also waiving the 24-month limit on
housing stability case management established in 24 CFR 576.105(b)(2) for ESG-CV funds and
FY2020 and earlier fiscal year ESG grant funds that are used to prevent, prepare for, and respond
to coronavirus. This waiver is necessary because those residing in congregate settings, where
many people reside after losing their housing, are at increased risk of COVID-19 infection, and
helping program participants maintain housing will continue to decrease the risk of people
experiencing and at risk of homelessness from contracting COVID-19. The Appendix details the
increased risk of hospitalization and more severe COVID-19 outcomes faced by people
experiencing homelessness when compared to the general population. This disproportionate a
impact speaks to the ongoing, critical need to provide continued rapid rehousing assistance (see
the Prioritized Need for Rapid Rehousing section in the Appendix).
V. CHANGES TO APPLICABLE DEADLINES AND RECAPTURE PROCESS
As stated in President Biden's February 18, 2022 Continuation of the National Emergene
Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic, the COVID-19 pandemic
continues to cause significant risk to the public health and safety of the Nation. Accordingly, the
waiver and alternative requirements provided in Sections III.B.2.b, III.B.2.c(ii), and III.B.2.c(iii)
of Notice CPD-21-08 are amended to extend the overall expenditure deadline for ESG-CV funds
and replace the March 31, 2022 expenditure deadline as further explained below.
A. Overall Deadline for Expending ESG-CV Funds
1. First and Second Allocations. Recipients must expend all amounts awarded through the first
and second allocations of ESG-CV funds by September 30, 2023, except for administration and
HMIS funds necessary for ESG-CV closeout, which must be expended by December 31, 2023.
The new expenditure deadline of September 30, 2023 is necessary because the pandemic has
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16.D.8.a
lasted much longer than initially anticipated and "continues to cause significant risk to the public
health and safety of the Nation." HUD has determined ESG-CV activities will still be needed to
prevent, prepare for, and respond to coronavirus (as defined in Notice CPD-21-08) after the
original grant end date of September 30, 2022. Many communities will need to make long term
changes to their shelter programs to enable them to provide quarantine and isolation spaces when
future coronavirus variants arise. Recent dramatic increases in rental housing costs will require
additional rapid rehousing, and although rapid rehousing assistance is designed to be flexible and
provided only as long as needed, HUD recognizes the difficulties in finding landlords willing to
accept families whose assistance is set to expire before the end of the initial lease term. The
additional three months for expending administration and HMIS funding (i.e., from September
30, 2023 to December 31, 2023) is necessary to give recipients sufficient time to accurately draw
down and report on expenditures completed by September 30, 2023 after fully completing ESG-
CV funded activities to prevent, prepare for, and respond to coronavirus.
2. Reallocated Funds. Recipients must expend the funds reallocated via the reallocation process
outlined under this Notice by June 30, 2024. HUD is providing additional time to expend
reallocated funds to ensure that recipients have sufficient time to re-evaluate the needs within the
community to identify the most effective uses of ESG-CV reallocated funds to prevent, prepare
for, and respond to coronavirus. One factor of the reallocation formula described in Appendix 1
is intended to keep ESG-CV funds available within the same geographic area as those recipients
00
from which funds were recaptured. Recipients receiving reallocated funds will need additional
I*
time to determine the strategic use of funding that will have the most impact on COVID-19
v
response for its geographic area. Rather than incentivizing recipients to simply increase funding
�.
for existing activities and subrecipients, or prioritizing activities for which funds can be quickly
spent, HUD expects recipients to take the time necessary to ensure funds are used for activities
that will be most effective in preventing, preparing for, and responding to coronavirus as well as
to
N
mitigating the economic impacts of COVID-19 for people experiencing homelessness and at risk
N
of homelessness.
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B. Progressive Spending Deadline and Recapture Provisions. HUD may recapture up to the
difference between 50 percent of the total amount the recipient received in HUD's first and
second allocations of ESG-CV funds, adjusted by any recaptured amounts, if applicable, and the
amount of ESG-CV funds a recipient has drawn from IDIS by June 16, 2022 if HUD determines
that by June 16, 2022 the recipient has not drawn down from IDIS at least 50 percent of the total
amount the recipient received in HUD's first and second allocations of ESG-CV funds, adjusted
by any recaptured amounts, if applicable.
HUD will determine compliance with this requirement based on IDIS draw data as of June 16,
2022. All draws must comply with the applicable federal payment requirements under 2 CFR
200.305. By replacing the March 31, 2022 deadline for expending 80 percent of ESG-CV grant
E
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16.D.8.a
funds with this new June 16, 2022 deadline for drawing down 50 percent of the total amount
provided in the first and second allocations of ESG-CV funds, HUD is attempting to balance the
need to quickly apply the available ESG-CV funding to meet the urgent needs for ESG-CV
activities that prevent, prepare for, and respond to coronavirus in the near term with the need to
stretch the funds to account for the persistence of the pandemic and its long-term effects on
individuals and families who are homeless, receiving homeless assistance, or at risk of
homelessness. HUD also determined that June 16, 2022 is the latest date for which it is feasible
for HUD to provide recipients with due process before recapturing funds, while still meeting the
CARES Act's deadline for HUD to obligate ESG-CV funds as needed to respond to recipients'
demonstration of their relative need and use of ESG-CV funding to prevent, prepare for, and
respond to coronavirus.
VI. RECAPTURE AND REALLOCATION OF FUNDS
A. Recapture
1. HUD will recapture funds from some recipients that did not meet the September 30, 2021
expenditure deadline established in Section III.B.2.c(i) of Notice CPD-21-08 and may recapture
funds consistent with the June 16, 2022 drawdown deadline established in this Notice.
Recaptured amounts will be reallocated directly to States and units of general local government
according to the formula described in Appendix I of this Notice.
2. Recipients from which HUD has recaptured funds must account for the decrease in their total M
grant amount by amending the same plan that was used for their initial ESG-CV allocation, as
required under 24 CFR 91.505 and 576.200(b), (and any IDIS information that must be updated
to account for the grant decrease) to describe how the recipient plans to use the balance of their
o
funds. The recipient is not required to comply with any consultation or citizen participation
N
requirements (as provided by the CARES Act and Notice CPD-21-08), provided that the
recipient publishes how it has used and will use its ESG-CV funds, at a minimum, on the Internet
at the appropriate government website or through other electronic media.
B. Reallocation
1. Timing and Formula. ESG requirements at 24 CFR 576.300(2) specify that recaptured funds
will be awarded by formula. In October and April each year, HUD will determine if the amount
of recaptured funds is at least 30 percent of the most recent fiscal year appropriation. If so, HUD
will amend all existing grants and reallocate the funds. If the amount is less than 30 percent of
the most recent fiscal year appropriation, the funds will be reallocated in conjunction with the
next fiscal year's allocation of funding.
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16.D.8.a
HUD is waiving 24 CFR 576.300(2) to the extent necessary for HUD to establish the alternative
requirements that recaptured funds will be reallocated by the formula described in Appendix 1
within a timeframe that is as soon as administratively feasible, irrespective of whether the
amount of recaptured funds is at least 30 percent of the most recent fiscal year appropriation.
This alternative requirement is needed to ensure that recaptured funds are made available as
quickly as possible to prevent, prepare for, and respond to coronavirus. The alternative formula,
described in Appendix 1, is necessary to ensure funds are reallocated for the benefit of
unsheltered homeless, sheltered homeless and those at risk of homelessness, to geographical
areas with the greatest need based on factors including the extent to which recipients have
already expended first and second allocations and the need for funding to rehouse people
experiencing literal homelessness to reduce the risk of negative health outcomes from
coronavirus.
2. Reallocation Process. HUD will use the following process for reallocating funds recaptured as
a result of recipients' failure to meet the September 2021 deadline and, if applicable, the new
June 2022 deadline: After determining the total amount available for reallocation HUD will
apply the formula described in Appendix I and notify all eligible recipients of their reallocation
amounts. This notification will be made by email to the authorized official of each eligible
recipient as well as by posting the preliminary reallocation amounts on HUD's website at
HUD.gov. Within seven days of the date HUD posts the reallocation amounts on HUD's
00
website, the recipient's authorized official must confirm in writing to their CARES Act Desk I*
Officer, local HUD field office, and ESG-CV(d),hud.gov whether they are willing or unwilling to
receive and use the additional funding. HUD will then apply the formula again to determine the �.
final amounts to be reallocated to the eligible recipients that have confirmed they are willing to a
receive and use the reallocated amounts. Finally, HUD will obligate the reallocated funds by
amending those recipients' ESG-CV grant agreements as explained in section VII.A of this
Notice. Prior to drawing down reallocated funds, recipients must amend their Consolidated Plans
and update the ESG-CV activity and budget information in IDIS as described in Section VII of
this Notice.
VII. REQUIREMENTS FOR REALLOCATED FUNDS
A. Grant Agreement Amendment. The ESG-CV grant agreement provides that without the
recipient's execution of an amendment or other consent, HUD may amend the agreement to
provide additional funds to the recipient under the CARES Act in accordance with applicable
law. To assure reallocated funds are made available quickly to meet the urgent need to prevent,
prepare for, and respond to coronavirus, HUD plans to use this discretion under the ESG-CV
grant agreement and HUD's alternative requirement authority under the CARES Act.
Accordingly, after providing time for recipients to decline reallocated funds as described in
Section VI.13.2 of this Notice, and applying the reallocation formula described in Appendix 1,
HUD will unilaterally amend each ESG-CV grant agreement to which HUD is adding
6
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16.D.8.a
reallocated amounts, subject to the condition that, before drawing down any reallocated amounts,
the recipient must amend its Consolidated Plan/Annual Action Plan and update its ESG-CV
activity and budget information in IDIS to account for the additional ESG-CV funding as
described in Sections VII.B and C below.
B. Consolidated Plan. Before drawing down reallocated ESG-CV funds, each eligible recipient
must amend its Consolidated Plan (i.e., the same plan that was used for its initial ESG-CV
allocation) as provided by 24 CFR 91.505 and 576.200(b) to include additional reallocated ESG-
CV amounts, except that the recipient is not required to comply with any consultation or citizen
participation requirements (as provided by the CARES Act and Notice CPD-21-08), provided
that the recipient publish how it has used and will use its ESG-CV funds (including the funds
added through reallocation), at a minimum, on the Internet at the appropriate government
website or through other electronic media.
The amendment and public notice must describe the activities the recipient will fund with its
additional ESG-CV funds and indicate whether, as of the date the notice is published, the activity
has already occurred and the recipient is reimbursing itself, or the activity has yet to occur. In its
notification and communication methods, recipients and subrecipients must also ensure effective
communication with individuals with disabilities and take reasonable steps to ensure meaningful
access to persons with limited English proficiency (LEP). See also 24 CFR 576.407(a) and (b).
The amendment to include reallocated amounts will be subject to the submission requirements in00
24 CFR 91.505(c) and will also be subject to monitoring and audits to assure compliance with N
applicable requirements. However, recipients will not need to submit new ESG-CV M
certifications, and the review and approval requirements under 24 CFR 91.500 will not apply to
recipients' amendments that are made to account for reallocation amounts added under the terms
of the recipients' existing ESG-CV grant agreements. o
C. Integrated Disbursement and Information System (IDIS) Updates. Before drawing down
reallocated amounts, recipients must also update applicable IDIS activity descriptions as
necessary, and amounts budgeted to ESG-CV activities in IDIS to reflect the planned and actual
use of reallocated funds.
D. Eligible Uses of Reallocated Amounts. Except as expressly stated in this Notice or Notice
CPD-21-08, reallocated amounts that are added to a recipient's ESG-CV grant agreement are
subject to the same requirements and waivers that apply to other funds under the recipient's
ESG-CV grant agreement, including the conditions for using ESG-CV funds for pre -award costs
as provided in section III.E.2 of Notice CPD-21-08.
E. Obligation Deadlines for Reallocated ESG-CV Funds
Section III.B.1 of Notice CPD-21-08 established the obligation deadlines for each recipient's
first and second allocation of ESG-CV funds. Those obligation deadlines have already passed
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16.D.8.a
and are not changed by this Notice. Further, HUD is not waiving the applicable periods for
obligating funds under 24 CFR 576.203(a)(2) that are reallocated to metropolitan cities, urban
counties, or territories. However, with respect to reallocated ESG-CV funds that States receive
as described in this Notice, HUD is waiving the applicable periods for obligating funds under 24
CFR 576.203(a)(1) that are reallocated to States and establishing the following alternative
requirements.
Recipients that are States have:
1. 180 days from the date HUD signs the grant agreement amendment for reallocated funds to
obligate those reallocated funds for activities it will carry out directly, as permitted in Section
III.A.1.a of Notice CPD-21-08. This obligation may be evidenced by a written designation of a
department within the government to carry out an eligible activity directly; and
2. 180 days from the date HUD signs the grant agreement amendment for reallocated funds to
obligate those reallocated ESG-CV funds to subrecipients.
Except as expressly provided in E.1 and E.2 above, the requirements for meeting these obligation
deadlines are as provided in 24 CFR 576.203(a)(1).
HUD has determined that extending the periods for obligating reallocated ESG-CV funds as
provided above is necessary because the requirement to obligate the entire grant, except for
administrative costs, within 60 days does not provide States with sufficient time to re-evaluate
statewide needs and to identify the most effective uses of reallocated ESG-CV funds to prevent, N
prepare for, and respond to coronavirus. Because the reallocation formula described in Appendix M
1 is intended to keep ESG-CV funds available within the same geographic area as those 0'
recipients from which funds were recaptured, States need additional time to plan for the strategic
use of funding that will have the most impact on COVID-19 response for its geographic area,
including jurisdictions from which funding has been recaptured. Rather than incentivizing
recipients to simply increase funding for existing activities and subrecipients, or prioritizing
activities for which funds can be quickly spent, HUD expects recipients to take the time
necessary to ensure funds are used for activities that will be most effective in preventing,
preparing for, and responding to coronavirus as well as mitigating the economic impacts of
coronavirus for people experiencing homelessness and at risk of homelessness.
VIII. PRIOR ESG APPROPRIATIONS
As authorized by the CARES Act, HUD is extending the waiver of limits to housing stability
case management provided under Section IV of this Notice to apply to FY2020 and earlier fiscal
year ESG grant funds a recipient uses to prevent, prepare for, and respond to coronavirus until
September 30, 2022, provided that: (1) the recipient has already met the conditions in Section IV
of Notice CPD-21-08 as of the date of this Notice for using those funds in accordance with ESG-
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16.D.8.a
CV flexibilities; or (2) the recipient meets the conditions in Section IV of Notice CPD-21-08
after the date of this Notice for using those funds in accordance with ESG-CV flexibilities.
In all other respects, the waivers and alternative requirements described in this Notice do not
apply to annual ESG grants, and this Notice does not alter the applicability of ESG-CV waivers
and alternative requirements for prior ESG appropriations as stated in Section IV of CPD Notice
21-08.
Importantly, no ESG-CV flexibilities, whether provided by Section IV of this Notice or by
Notice CPD-21-08, will apply beyond September 30, 2022 for purposes of any annual ESG grant
funds. This Notice does not extend the expenditure period for any annual ESG grants, and HUD
expects annual ESG grants for FY2020 and earlier fiscal years to be expended within the periods
of performance provided by their respective grant agreements.
IX. FINDING OF NO SIGNIFICANT IMPACT
A Finding of No Significant Impact (FONSI) with respect to the environment has been made in
accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is available for
inspection at HUD's Funding Opportunities web page at:
https://www.hud.gov/coronavirus/grantees.
DAMES Digitally signed by DAMES
JEMISON
022.04.18 10:05:50
J E M I S O N 04'00'
James A. Jemison II
Principal Deputy Assistant Secretary
for Community Planning and Development
M
CL
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16.D.8.a
APPENDIX 1
Formula for Reallocating Recaptured ESG-CV Funds
This Appendix provides an explanation for the formula HUD will use for the reallocation of
ESG-CV funds, including HUD's reallocation of ESG-CV funding recaptured from recipients
that did not meet the requirement to expend 20 percent of their total ESG-CV grant amount by
September 30, 2021, as well as any further ESG-CV funds that are recaptured from recipients
that do not meet the June 16, 2022 deadline for drawing down 50 percent of the total amount
HUD provided to those recipients in the first and second allocations of ESG-CV funding,
adjusted by any recaptured amounts, if applicable.
ESG-CV funds are provided to prevent, prepare for, and respond to coronavirus among
individuals and families who are homeless or receiving homeless assistance and to support
additional homeless assistance and homelessness prevention activities to mitigate the impacts
created by coronavirus. It is important that resources be targeted to communities that need and
can fully expend additional funding to support these efforts within the grant period.
This formula is necessary to ensure funds are reallocated for the benefit of people experiencing v
unsheltered homelessness, sheltered homelessness and those at risk of homelessness, to
a
geographical areas with the greatest need based on factors including the extent to which
"!
recipients have already expended first and second allocations and the need for funding to rehouse
Ln
people experiencing literal homelessness to reduce the risk of negative health outcomes from
v
coronavirus. Therefore, HUD is reallocating recaptured funds using a formula that is targeted toCL
M
the geographies of those recipients from which funds have been recaptured as well as to
recipients based on overall draws and the amount of rapid rehousing funds drawn.
as
Recipients Eligible to Receive Reallocated Funds; Minimum and Maximum Reallocation
Amounts
To be eligible to receive reallocated funds from the September 30, 2021 or June 16, 2022
recapture processes, recipients must have met both progressive deadline requirements. These
eligibility criteria ensure that the recipients of reallocated funds have demonstrated continued
and consistent spending and capacity for coronavirus response efforts. The recipient's final
projected reallocation amount must meet the minimum reallocation amount described below.
HUD is establishing the following minimum reallocation threshold and maximum reallocation
amount for each reallocation of ESG-CV funds to ensure they are large enough to justify the
administrative cost to administer these funds, while minimizing the risk of recipients not being
able to expend all available funds by the expenditure deadline:
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16.D.8.a
Minimum reallocation amount: The minimum HUD will make available to a recipient through
reallocation is $100,000. HUD will not issue any reallocated amounts to recipients that would
have received less than $100,000 as calculated by the reallocation formula.
Maximum reallocation amount: The total HUD will make available to a recipient through
reallocation will not exceed 50 percent of the total ESG-CV funds that HUD provided that
recipient through the first and second allocations of ESG-CV funds.
In cases where a recipient notifies HUD, consistent with Section VI.B.2 of this Notice, that it is
unwilling to accept and use reallocated funds, HUD will re -execute the formula from Step 1 after
removing that recipient from the base of recipients eligible for reallocation.
Reallocation Calculation
The Department has developed a reallocation formula that follows a two-step process. The initial
step in the formula calculation prioritizes the reallocation of funding within the same State, or
within the same county, if possible, to counterbalance the decrease in available ESG-CV
assistance within a State due to the recapture of ESG-CV funds from another recipient within
that State. A national formula will be applied to all remaining funds as part of the second step of
the reallocation process, which applies weight based on overall draw amounts as well as funds
drawn for rapid rehousing activities.
Step I - The reallocation of recaptured funds will proceed as follows during this Step 1, subject
to eligibility of the identified recipient(s) for reallocation and the maximum reallocation amount: e.
• Funds recaptured from a metropolitan city will be allocated to an urban county within the
same county in which the city is located, or else to the State in which the city is located.
• Funds recaptured from a State will be allocated to urban counties and metropolitan cities
within that State.
• Funds recaptured from an urban county will be allocated to metropolitan cities within the
same county in which the urban county is located, or else to the State in which the urban
county is located.
• If multiple entities within the same county or the same State, as applicable, are eligible to
receive reallocated funds, the amount will be allocated in direct proportion to their
relative share of the amounts allocated in the first and second formula allocation of ESG-
CV funds.
• If none of the entities within the same county or the same State, as applicable, are eligible
to receive reallocated funds, the amount will be allocated as provided in Step 2.
Packet Pg. 1145
16.D.8.a
The minimum reallocation amount is not applied during this Step 1, but any amount determined
to exceed a recipient's maximum reallocation amount during this Step 1 would be reallocated as
provided by Step 2.
Step 2 - The second step in the formula calculation reallocates remaining recaptured funding that
could not be rolled up or down to eligible in -State recipients in Step 1 in accordance with the
maximum reallocation amount described above. Half of this remaining funding will be allocated
in direct proportion to each eligible recipient's share of aggregate ESG-CV funds drawn for rapid
rehousing among all eligible recipients as of June 16, 2022. The other half of the remaining
funding will be allocated in direct proportion to each eligible recipient's share of aggregate ESG-
CV funds drawn (whether or not for rapid rehousing) among all eligible recipients as of June 16,
2022.
If the amount determined for a recipient under this Step 2, plus any amount determined for that
recipient in Step 1, exceeds the maximum reallocation amount for that recipient, the excess
amount will be redistributed by repeating the process described above for this Step 2 for eligible
recipients that have not yet reached their respective maximum reallocation amounts.
Total reallocation amounts for recipients (Step 1 + Step 2) will be subject to a pro rata reduction
so that the aggregate reallocation equals the total amounts recaptured from the September 2021
and June 2022 recapture processes. The minimum reallocation amount for a recipient is
$100,000. The estimated funding to recipients that do not meet the minimum thresholds will be
distributed to all remaining eligible recipients (excluding those already receiving their maximum
reallocation amounts) by re -executing the formula in this Step 2. a
Prioritized Need for Rapid Rehousing
HUD's reasoning for channeling more funding to recipients with higher rapid rehousing
expenditures is as follows: Despite the availability of COVID-19 vaccinations and the reopening
of schools and local businesses, many ESG recipients are continuing to face challenges in
ensuring appropriate shelter and housing options are available for program participants
experiencing and at risk of homelessness. COVID-19 has been shown to rapidly spread in shelter
settings'. Recent studies also show that people experiencing homelessness with confirmed
COVID-19 were more likely to be hospitalized and have more severe COVID-19 outcomes than
those with COVID-19 in the general population. At the same time, a Centers for Disease
Control and Prevention (CDC) study3 released in December 2021 found that people experiencing
homelessness had significantly lower vaccination coverage compared to residents living in the
same geographic areas.
1 (Bagget et al., 2020; Imbert et al., 2020)
2 (Cha et al., 2021; Han et al., 2021; Hsu et al., 2020; Leifheit et al., 2021)
3 Montgomery MP, Meehan AA, Cooper A, et al. Notes from the Field: COVID-19 Vaccination Coverage Among
Persons Experiencing Homelessness — Six U.S. Jurisdictions, December 2020—August 2021. MMWR Morb Mortal
Wkly Rep 2021;70:1676-1678. DOI: http://dx.doi.org/l0.15585/mmwr.mm7048a4
12
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16.D.8.a
Low vaccination rates and poorer health outcomes, compounded by the increased risk for
COVID-19 infection in congregate settings4, such as emergency shelters, speak to the ongoing,
critical need to provide recipients with ESG-CV rapid rehousing funding to expedite program
participants' transition from homelessness to housing and to ensure adequate assistance is
available to prevent a return to homelessness. HUD is strongly encouraging recipients to
prioritize ESG-CV funding for rapid rehousing as part of an effective community -wide strategy
for preventing, preparing for, and responding to coronavirus among people experiencing
homelessness. Accordingly, HUD is assigning added weight based on funds drawn for rapid
rehousing to target funding to recipients that have a demonstrated need for rapid rehousing as
shown by the amount of funds drawn for this important activity.
a Self JL, Montgomery MP, Toews KA, et al.; COVID-19 Homelessness Response Team. Shelter characteristics,
infection prevention practices, and universal testing for SARS-CoV-2 at homeless shelters in 7 US urban areas. Am
J Public Health 2021;111:854-9. https://doi.org/10.2105/AJPH.2021.306198extemal icon PMID:33734836external
icon
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FAIN #
-20-UW-12-0016
Federal Award Date
09/22/20
Federal Award Agency
UD
CFDA Name
mergency Solutions
Grant (ESG-CV)
CARES Act Funding
CFDA/CSFA#
14.231
Total Amount of Federal
Funds Awarded
$15,000.00
Subrecipient Name
he Shelter for Abused
Women & Children,
Inc.
UEI#
PKAIVKEREQF4
FEIN
59-2752895
R&D
No
Indirect Cost Rate
No
Period of Performance
January 1, 2023 —
I July 31, 2023
Fiscal Year End
1 6/30
Monitor End:
/30
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. (SAWCC)
�, SG -CV Emergency Shelter Operations
THIS AGREEMENT is made and entered into this day of I A41q _ � 2023,�, by and
between Collier County, a political subdivision of the State of Florida, (COUNTY) having its
principal address at 3339 E. Tarniami Trail, Naples FL 34112, and THE SHELTER FOR
ABUSED WOMEN & CHILDREN, INC.! (SUBRECIPIENT) having its principal office at ,PO
Box 10102, Naples, FL 34101
WHEREAS, on September 22, 2020, the COUNTY has entered into an Agreement with
the United States Department of Housing and Urban Development (HUD) for a grant to execute
and implement an Emergency Solutions Grant Program (ESG) in certain areas of Collier County,
pursuant to the Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title
IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq., and the CARES
Act, Public Law 116-136); and
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WHEREAS, on February 5, 2021 the aforesaid agreement with the United States
Department of Housing and Urban Development (HUD) was amended to provide Supplemental
CARES Act funding; and
WHEREAS, pursuant to the aforesaid agreement as amended, COUNTY has undertaken
certain activities to primarily benefit homeless individuals in Collier County with the use of ESG-
CV 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]);
as well as eligible administrative activities; 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 �019-2020 jfor
the ESG Program on Tune 25, 2019 H Agenda Item 16.D.2; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
R019 — 2020 Annual Action Plan, on April 21, 2026, with a 5-day Citizen Comment period from
April 21, 2020 ito April 26, 2026,; and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved
substantial amendments to the Collier County Consolidated Plan for additional funding from the
ESG-CV Program Round 1 on May 12, 2020, Agenda Item 16.F.1.a.6 (pursuant to Resolution
2020-50), and ESG-CV Program Round 2 on November 10, 2020 H Agenda Item 16.D.81; and
WHEREAS, in accordance with the HUD Community Planning and Development Grant
Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT submitted a proposal for
participation in the Collier County ESG Program; and
WHEREAS, HUD provided changes to applicable deadlines as set forth on April 18, 2022
in Notice CPD-22-06 (ESG-CV Notice); and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the COVID-19 Project ;(ES22-01), �SG-CV Emergency
Shelter Operations".
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
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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-CV, as determined by Collier County Community and
Human Services Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: IESG-CV Emergency Shelter Operations I
Description of project and outcome: ,Shelter operations expenses necessary to expand
and improve in the prevention, preparation and response to the pandemic. I
Project Component One: Emergency Shelter Operations Expenses which may include but
are not limited to, salaries, supplies, repairs/maintenance, technology, utilities, personal
protective equipment, sanitization services and supplies.
I�
1. Project Tasks:
a. Prevent, prepare for, and respond to the pandemic and the changing
needs of the staff and clients by maintaining Shelter Operations while
providing shelter for abused women and children
b. Maintain documentation on all households sewed in compliance with
24 CFR 576.500
c. Provide Quarterly Reports on ESG-CV Eligible Activity I
2. ESG-CV Documentation Requirements Compliance Criteria:
activities carried out with ESG-CV funds provided under this Agreement
will contribute to a program designed to be the first step in a continuum
of assistance to enable homeless individuals and families to move toward
independent living, as well as prevent homelessness, as defined in 24 CFR
Part 576 (Subpart B Eligible Activities). I
1.1 GRANT AND SPECIAL CONDITIONS
A. Within thirty (30) calendar days of the execution of this Agreement, the
SUBRECIPIENT must deliver a detailed project schedule for the completion of the
project to CHS for approval.
B. The following resolutions and policies must be submitted within sixty (60) days of
this Agreement:
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Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy,
Sexual Harassment Policy
Section 3 Policy
Section 504/ADA Policy
Fraud, Waste, and Abuse Policy
Limited English Proficiency Policy (LEP)
Violence Against Women Act (VAWA) Policy
LGBTQ Policy
C. Environmental Review Requirement (ERR) for the ESG program - No program
costs can be incurred until an environmental review of the proposed project is
completed and approved. Further, the SUBRECIPIENT will not undertake any
activity or commit any funds prior to the issuance of the CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
D. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project, established by this Agreement, shall attend the CHS-sponsored Annual
Fair Housing training and all other CHS-offered income certification training.
E. JPursuant to HUD CPD NOTICE 20-08 and 22-06, dated September 1, 2020 and
April 18, 2022, Section III.E.2, Pre Award Costs:
"To account for the urgent activities and costs ESG recipients and subrecipients
have undertaken to prevent, prepare for, and respond to coronavirus, the recipient
is authorized to use ESG-CV funds to cover or reimburse costs incurred before the
period of performance provided that the cost to be covered or reimbursed would be
otherwise allowable under the flexibilities and requirements established for ESG-
CV funds and was incurred by a recipient or subrecipient on or after January 21,
2020 to prevent, prepare for, and respond to coronavirus. In addition, where this
Notice limits activities in comparison with 24 CFR Part 576 (e.g., the maximum
rental assistance per program participant in Section III.E.5.b.(i)@ of this Notice), a
recipient may cover or reimburse costs incurred before the period of performance,
provided that the cost to be covered or reimbursed would be otherwise allowable
under 24 CFR Part 576 and: (a) The costs were incurred prior to the publication of
this Notice." I
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1.2 PROJECT DETAILS
A. Project Description/Budget
Description
ederal Amount
Project Component 1; mergency Shelter Operations
$"15,000.00,
Expenses which may include but are not limited to,
salaries, supplies, repairs/maintenance, technology,
utilities, Personal Protective Equipment, sanitization
services and supplies.i
Total Federal Funds;
$,,15,000.00
*Total expenditures may not exceed the Total Federal Funds.
The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the
budget, as needed, in order to respond to the needs of the community, Total expenditures
may not exceed the Total Federal Funds,
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
Maintain and provide to the COUNTY, as requested, beneficiary income
certification documentation
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly Reports on project progress
® Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
[j Ensure attendance by a SUBRECIPIENT and General Contractor at Pre -
Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed
(NTP)
Provide monthly construction and rehabilitation progress reports until completion
of construction or rehabilitation
❑ Identify Lead Project Manager
❑ Provide Site Design and Specifications
❑ Comply with Davis -Bacon Labor Standards
❑ Comply with Section 3 and maintain documentation
Provide certified payroll weekly throughout construction and rehabilitation
❑ Comply with Uniform Relocation Act (URA), if necessary
Ensure applicable numbers of units are Section 504/ADA accessible
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in
Exhibits E, F, and G.
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C. Performance Deliverables
Program Deliverable
Deliverable Supporting
Submission Schedule
Documentation
Special Grant Condition
olicies as stated in this
�Nithin sixty (60) days of
Policies Section 1.1
Agreement
Agreement execution
Insurance
nsurance Certificate
Upon executed Agreement and
annually within thirty (30) days
of renewal
Detailed Project Schedule
Project Schedule,
;Within sixty (60) days of
executed Agreement
Project Plans and
IA
NIA
Specifications
Subcontractor Log
/
NIA
Submission of Progress
xhibit C and HMIS/SAGE
Quarterly, within 10 days after
Report
CSV Upload
the end of the quarter.
Final Quarterly Report* due 60
days after final services provided
or the Agreement ends,
whichever is earlier.
*Exhibit C
Section 3 Report
/A/A
Davis -Bacon Act Certified
/A
NIA
Payroll
Financial and Compliance
I edit, Management Letter,
Annually: nine (9) months after
Audit
and Exhibit D;
FY end for Single Audit; or,
one hundred eighty (180) days
after FY end when Single Audit
is not required.
Exhibit D; Annually, within 60
days after FY end
Revenue Plan for
I /A
NIA
maintenance and Capital
Reserve
Continued Use
/A
N/A
Certification
Program Income Reuse
JNI
, /A
Plan
Income Documentation
NIA
N/
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D, Payment Deliverables
Payment Deliverables
Payment Deliverable
Pa went SupportingSupp;rting Documentation
Submission Schedule
Project Cam anent 1: Shelter
xhibit B along with invoice as
Monthly, by 1 Otl, of
Operations Expenses which
evidenced by cancelled checks, bank
the month following
may include but are not
statements, and any other documents
the month of service
limited to, salaries, supplies,
as requested.
repairshnaintenance,
technology, utilities, PPE,
sanitizing
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on �anualy 1, 2023 1 and end on �my 31, 20231.
SUBRECIPIENT serviceslactivities shall be undertaken and completed in light of the
purposes of this Agreement. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
The County Manager or designee may extend the term of this Agreement for a period of
up to 180 days after the end of the Agreement, Extensions must be authorized, in writing,
by formal letter to the SUBRECIPIENT.
1.4 AGREEMENT AMOUNT
The COUNTY agrees to make available FIFTEEN THOUSAND DOLLARS AND
ZERO CENTS ($15,000.00) for use by SUBRECIPIENT during the Term of the
Agreement (hereinafter, shall be referred to as the "Funds").
Modifications to the "Budget and Scope" may only be made if approved in advance.
Budgeted fund shifts between project components is allowed with prior written approval,
by the COUNTY.
All services/activities specified in Part I Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors who meet Federal requirements. Contract
administration shall be managed by the SUBRECIPIENT and monitored by CHS, which
shall have access to all records and documents related to the project.
The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement E
upon completion or partial completion of the work tasks as accepted and approved by CHS.
SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for a
eligible costs, and all disbursement requests must be limited to the amount needed at the Q
time of the request. Invoices for work performed are required every month.
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SUBRECIPIENT may expend funds only for allowable costs resulting from obligations
incurred during the term of this Agreement. If no work has been performed during that
month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice
is required. Explanations may be required if two consecutive months of $0 invoices are
submitted. Payments shall be made to SUBRECIPIENT when requested as work
progresses but not more frequently than once per month. Reimbursement will not occur if
SUBRECIPIENT fails to perform the minimum level of service required by this
Agreement.
Final invoices are due no later than 90 days after the end of the Agreement. Work
performed during the term of the program but not invoiced within 90 days after the end of
the Agreement may not be processed without written authorization from the Grant
Coordinator.
No payment will be made until approved by CHS for grant compliance and adherence to
all applicable Local, State, or Federal requirements. Except where disputed for
noncompliance, payment will be made upon receipt of a properly completed invoice and
in compliance with Section 218,70, Part VII, Florida Statutes, otherwise known as the
"Local Government Prompt Payment Act."
1.5 COST PRINCIPLES
Payments to SUBRECIPIENT for ESG expenditures are governed by the Federal grants
management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For
the purposes of this section (Section 1.5-Cost Principles) of the Agreement,
SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be
made on a cost reimbursement basis. Each request for reimbursement shall identify the
associated project and approved project task(s) listed under this Scope of Work, The
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the
project(s) referenced above, as defined in 2 CFR 200.413. The SUBRECIPIENT must
provide adequate documentation for validating costs incurred. Payments to
SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the
procurement requirements provided for in 2 CFR 200,318-200.327. Allowable costs
incurred by Subrecipients and contractors shall comply with 2 CFR Subpart E-Cost
Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is and
may impose requirements upon the Developer, to remain compliant with its obligation to
follow 2 CFR Subpart E. The Developer will use adequate internal controls, and maintain
necessary source documentation for all costs incurred and adhere to any other accounting
requirements included in this Agreement.
1.6 NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage
prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic
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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: Carrie Kurutz, Grant Coordinator
13339 E Tamiami Trail, Suite 211
Maples, Florida 34112
Email: "c1arrie.kul-utz I1 C011iCi•COt111t fi. JOv
Telephone: (239) 252-2644
SUBRECIPIENT ATTENTION: Linda Oberhaus, Chief Executive Officer
The Shelter for Abused Women & Children
O Box 10102
aples, FL 341011
Email: �oberhaus@naplesslielter.org
Telephone: 039) 280-13501
Remainder of Page Intentionally Left Blank
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PART II
GRANT CONTROL
REQUIREMENTS
2.1 AUDITS
At any time during normal business hours and as often as the COUNTY (and/or its
representatives) may deem necessary, SUBRECIPIENT shall make available all records,
documentation, and any other data relating to all matters covered by the Agreement for
review, inspection, or audit,
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days
after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current COUNTY policy concerning subrecipient audits and 2 CFR
200,501.
The determination of Federal award amounts expended shall be in accordance with
guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements.
2.2 RECORDS AND DOCUMENTATION
The SUBRECIPIENT shall maintain sufficient records in accordance with ESG program
regulations, as provided in Exhibits E, F, and G, to determine compliance with the
requirements of this Agreement, the requisite Programs, and all other applicable 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, ay any time upon request
by CHS, all reports, plans, surveys, information, docurnents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by
SUBRECIPIENT for this Agreement. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles (GAAP),
procedures, and practices, which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including
matching funds and Program Income. These records shall be maintained to the
extent of such detail to properly reflect all net costs, direct and indirect labor,
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materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this
Agreement.
D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event, SUBRECIPIENT shall keep all documents and records in
an orderly fashion in a readily accessible, permanent, and secured location for five
(5) years after the date of submission of the annual performance and evaluation
report, as described in 24 CFR 92.508(c). However, if any litigation, claim, or audit
is started before the expiration date of the five (5) year period, the records will be
maintained until all litigation, claim, or audit findings involving these records are
resolved. If SUBRECIPIENT ceases to exist after the closeout of this Agreement,
it will notify the COUNTY in writing of the address where the records are to be
kept, as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements
for retaining public records and transfer, at no cost to COUNTY, all public records
in SUBRECIPIENT's possession upon termination of the Agreement; and destroy
any duplicate exempt or confidential public records that are released from public
records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the COUNTY's information
technology systems.
IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT 239-252-2679, Mlchaei,Browliiee a,eolliercountyfl.ov, 3299
Tamiami Trail E, Naples FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income
eligible files on clients served, and documentation that all households are eligible
under HUD Income Guidelines. Income certification documentation will be
validated at interim and closeout monitorings. The SUBRECIPIENT agrees that
CHS shall be the final arbiter on the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how it complied with the Program components;
applicable regulations included in Exhibits E, F, and G; and the eligibility
requirement(s) under which funding was received. This also includes special
requirements such as necessary and appropriate determinations, as defined in the
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applicable exhibit, including income certification and written agreements with
beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide the records and at a cost
that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law. SUBRECIPIENT shall ensure that exempt or
confidential public records that are released from public records disclosure
requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR
200.338.
2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit an annual audit
monitoring report (Exhibit D) to the COUNTY no later than nine (9) months (or one
hundred eighty (180) days for Subrecipients exempt from Single Audit), after the
SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and
programmatic review.
SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on -site
monitoring visit and evaluation activities, as determined necessary. At the COUNTY's
discretion, a desktop review of the activities may be conducted in lieu of an on -site visit.
The continuation of this Agreement is dependent upon satisfactory evaluations. Upon
request by CHS, SUBRECIPIENT shall submit information and status reports required by
CHS or HUD to enable CHS to evaluate said progress and allow for completion of required
reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on
site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD.
COUNTY will monitor the SUBRECIPIENT's performance to mitigate fraud, waste,
abuse, or non-performance based on goals and performance standards, as stated with all
other applicable laws, regulations, and policies governing the funds provided under this
Agreement, further defined by 2 CFR 200.332. Substandard performance, as determined
by the COUNTY, will constitute noncompliance with this Agreement. If SUBRECIPIENT
does not take corrective action within a reasonable time period after being notified by the
COUNTY, Agreement suspension or termination procedures will be initiated.
SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the
General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to
all records related to performance of activities in this Agreement.
2.4 PRE VENTION Or FRAUD, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures
sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the
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performance of this Agreement, and to provide proper and effective management of all
Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control
systems and all transactions and other significant events shall be clearly documented and
readily available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with complete access to all of its records,
employees, and agents for the purpose of monitoring or investigating the performance of
the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect,
investigate, and prevent fraud, waste, and abuse.
SUBRECIPIENT may not discriminate against any employee or other person who reports
to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of
this Agreement or any law or regulation, if the report is made in good faith.
2.5 CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failure to
implement or make acceptable progress on such corrective action plans.
To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation
policy to ensure continued compliance by Subrecipients, Developers, or any entity
receiving grant funds from CHS. The escalation policy for noncompliance is as follows:
1. Initial noncompliance may result in CHS issuing Findings or Concerns to the
SUBRECIPIENT. SUBRECIPIENT is required to submit a corrective action
plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
• CHS will be available to provide Technical Assistance (TA) to the
SUBRECIPIENT, as needed, to correct the noncompliance issue.
2. If SUBRECIPIENT fails to submit the corrective action plan in a timely
manner, CHS may require a portion of the awarded grant amount be returned
to the COUNTY.
• CHS may require upwards of 5 percent of the award amount returned to the
COUNTY, at the discretion of the Board.
SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
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3. If SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
noncompliance by certified mail; CHS may require a portion of the awarded
grant amount or the amount of the investment for acquisition of the properties
conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
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 the properties
or other activities.
• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
If SUBRECIPIENT has multiple agreements with CHS and is found to be noncompliant,
the above sanctions may be imposed across all awards, at the Board's discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports and the resolution of identified monitoring findings pursuant to this Agreement, as
deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress
reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively,
for the prior quarter period end. As part of the report submitted in October or when final
services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures, including but not limited to, performance data on client feedback with respect
to the goals and objectives set forth in Exhibit C, which contains a sample reporting form
to be used in fulfilling this requirement. Other reporting requirements may be required by
the County Manager or designee in the event of Program changes, the need for additional
information or documentation arises, and/or legislative amendments are enacted. Reports
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16.D.8.b
and/or requested documentation not received by the due date shall be considered delinquent
and may be cause for default and termination of this Agreement.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent
of the COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion
and judgment.
3.2 GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of
Federal Regulations, Part 576 (the U,S. Housing and Urban Development regulations
concerning Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does
not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407;
(2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is
required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply
with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US
Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for
Developers, revenue generated is not considered program income. The SUBRECIPIENT
also agrees to comply with all other applicable Federal, State, and Local laws, regulations,
and policies governing the funds provided under this Agreement. The SUBRECIPIENT
further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
3.3 INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner,
as creating or establishing the relationship of employer/employee between the parties. The
SUBRECIPIENT shall at all times remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent
of the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each organization, and approved by the
COUNTY'S Board. Such amendments shall not invalidate this Agreement, nor relieve or
release the COUNTY or SUBRECIPIENT from its obligations under this Agreement.
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The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State,
or Local guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, the scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided ESG grant funds
and must be implemented in full compliance with all HUD's rules and regulations and any
agreement between COUNTY and HUD governing grant funds pertaining to this
Agreement. In the event of curtailment or non -production of said federal or state funds, the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of
the funds will not be available. In that event, the COUNTY may terminate this Agreement,
which shall be effective as of the date it is determined by the County Manager or designee,
in his or her sole discretion and judgment, that the funds are no longer available. In the
event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to
hold the COUNTY, nor any individual member of the County Commissioners and/or
County Administration, personally liable for the performance of this Agreement, and the
COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless the COUNTY, its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including, but not limited to, reasonable attorneys' and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons,
guests, clients, licensees, invitees, or any persons acting under the direction, control, or
supervision of the SUBRECIPIENT in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge, or reduce any other
rights or remedies, which otherwise may be available to an indemnified party or person
described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any
nature whatsoever in connection therewith, defend all suits in the name of the COUNTY,
and pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of the COUNTY.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Section 768.28, Florida Statutes. This section shall survive the
expiration or termination of this Agreement.
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3.7 COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases,
advertisements, descriptions of the Program sponsorships, research reports, and similar
public notices, whether printed or digitally prepared and released by the SUBRECIPIENT
for, on behalf of, and/or about the Program shall include the statement:
"FINANCED IN PART BY THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD) AND
COLLIER COUNTY COMMUNITY AND HUMAN
SERVICES DIVISION"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This
design concept is intended to disseminate key information regarding the development team,
as well as Equal Housing Opportunity, to the general public. Construction signs shall
comply with applicable COUNTY codes.
3.8 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by an Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension
and Debarment and 2 CFR 200.214, as further detailed in Section 4.18.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, this Agreement may be terminated for convenience by
either the COUNTY or SUBRECIPIENT, in whole or in part, by setting forth the reasons
for such termination, the effective date, and in the case of partial terminations, the portion
to be terminated. However, if in the case of a partial termination, the COUNTY determines
that the remaining portion of the award will not accomplish the purpose for which the
award was made, the COUNTY may terminate the award in its entirety. The COUNTY
may also terminate this Agreement if the award no longer effectuates the program goals or
COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement, in compliance with 2 CFR 200, Appendix I1(A):
A. SUBRECIPIENT's failure to comply with any of the rules, regulations, or
provisions referred to herein, or such statutes, regulations, executive orders, and
HUD guidelines, policies, or directives as may become applicable at any time
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B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this
Agreement in a timely and proper manner
C. SUBRECIPIENT's ineffective or improper use of funds provided under this
Agreement
D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or
incomplete in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement
G. SUBRECIPIENT's failure to materially comply with the terms of any other
agreement between the COUNTY and SUBRECIPIENT relating to the Project
Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,
Appendix 11 (B):
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds
that SUBRECIPIENT has received under this Agreement
D. Apply sanctions, if determined by the COUNTY to be applicable
E. Stop all payments, until identified deficiencies are corrected
F. Terminate this Agreement by giving written notice to SUBRECIPIENT and
specifying the effective date of such termination. If the Agreement is terminated by
the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of
payment or claim of benefit for any incomplete project activities undertaken under
this Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided
the required end use beneficiaries, in addition to any and all other remedies available to the
COUNTY (whether under this Agreement, or at law or in equity), the SUBRECIPIENT
shall immediately transfer to the COUNTY any funds on hand at the time of termination
(or expiration) and any accounts receivable attributable to the use of ESG funds.
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The COUNTY's receipt of any funds on hand at the time of termination shall not waive
the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any
portion of the funds or property as the COUNTY may deem necessary. Regulations
regarding real property and equipment are subject to 2 CFR 200.311.
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement
until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained,
Said insurance shall be carried continually during SUBRECIPIENT's performance under
the Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant
Budget and Scope of Work (Part I), the Uniform Administrative Requirements, Cost
Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), the federal
regulations for the ESG grant funds (24 CFR 576 et seq).
3.13 PURCHASING
SUBRECIPIENT is required to follow Federal Procurement standards (2 CFR 200.317
through 200.327) and Collier County's Procurement Ordinance 42017-08, as amended.
Current purchasing thresholds are:
Federal Procurement Standards:
Range:
Method/Competition Required
$0 - $10,000
Micro -Purchase
$10,001 - $250000
Small Purchase
$250,001+
Seated Bidding
Collier County Procurement Standards
Range:
Competition Requited
$0 - $3,000
Single Quote with Documentation
$3,001 - $50,000
3 Written Quotes
$50,001+
Formal Solicitation QTB, RFP, etc.
During the period of the Declared State of Emergency, emergency and exigent purchases
will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320,
provided that SUBRECIPIENT submits sufficient documentation to support cost
reasonableness. Acceptance of said documentation shall be at the COUNTY's sole
discretion. If the Declared State of Emergency expires before December 30, 2020,
SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standards is
used for purchases under this Agreement. Regardless of the state of emergency, any
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purchase in excess of 250,000 will be assessed using a price or cost analysis approved by
CHS, prior to purchase.
In accordance with 2 CFR 200.322, to the greatest extent practicable, SUBRECIPIENT
shall provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States.
All items specified in Part I Scope of Work shall be performed by SUBRECIPIENT
employees, or put out to competitive bidding, under a procedure acceptable to COUNTY
and Federal requirements. The SUBRECIPIENT shall enter into contracts with the lowest,
responsible, and qualified bidder. In accordance with 2 CFR 200.323, SUBRECIPIENT
shall procure items that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of completion, per 2 CFR 200, Appendix
II(J) and 2CFR 200.323. Contract administration shall be conducted by the
SUBRECIPIENT and monitored by CHS, which shall have access to all records and
documents related to the Project.
3.14 PROGRAM -GENERATED INCOME
No Program Income is anticipated. However, if Program Income is derived from the use
of ESG-CV funds disbursed under this Agreement, such Program Income shall be utilized
by the SUBRECIPIENT for ESG-CV eligible activities approved by COUNTY. Any
Program Income (as such term is defined under applicable Federal regulations) gained from
any activity of the SUBRECIPIENT funded by ESG-CV funds shall be reported to the
COUNTY through an annual Program Income Re -use Plan, utilized by the
SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR
570.503(c) in the operation of the Program. When Program Income is generated by ail
activity that is only partially assisted by ESG-CV funds, the income shall be prorated
to reflect the percentage of ESG-CV funds used. If there is a Program Income balance
at the end of the Program Year, such balance shall revert to the COUNTY's ESG Program,
for further reallocation.
kurchase of Equipment; Equipment under the SUBRECIPIENT'S control that was w
acquired or improved, in whole or in part, with ESG-CV funds shall be used to provide v
U
eligible activities under this agreement, during the continued use period, as referenced in Q
section 3.15 (Grant Closeout Procedures) of this Agreement. If the SUBRECIPIENT sells, U)
transfers, disposes of, or otherwise fails to continue to use the ESG-CV-assisted equipment
in a manner that meets an eligible activity as defined under Agreement, the
SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value Q
of the equipment, less the percentage of non-ESG-CV funds used to acquire the equipment.
Equipment no longer needed by the SUBRECIPIENT for ESG-CV eligible activities under
this Agreement shall be; (a) transferred to the COUNTY for use elsewhere in the ESG-CV
program, or (b) retained by the SUBRECIPIENT after compensating the COUNTY an r
amount equal to the current fair market value of the equipment, less the percentage of non- Q
ESG-CV funds used to acquire the equipment.
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3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the
COUNTY after the closeout period ends. Activities during this closeout period shall
include, but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, program income balances, and
receivable accounts to the COUNTY), and determining the custodianship of records. In
addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply
with Section 119.021 Florida Statutes regarding records maintenance, preservation, and
retention. A conflict between State and Federal records retention law requirements will
result in the more stringent law being applied, such that the record must be held for the
longer duration. Any balance of unobligated funds that have been advanced or paid must
be returned to the COUNTY. Any funds paid in excess of the amount to which the
SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be
refunded to the COUNTY. SUBRECIPIENT shall also produce records and information
complying with Section 215.97, Florida Single Audit Act. Closeout procedures must take
place in accordance with 2 CFR 200.344 and ensure all federal grant requirements have
been completed.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be
subjected to, discrimination under any activity carried out by the performance of this
Agreement on the basis of race, color, disability, national origin, religion, age, familial
status, or sex. Upon receipt of evidence of such discrimination, the COUNTY shall have
the right to terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3
residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations
at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic
opportunities be directed to low and very low income residents of the Project area. In
addition, contracts for training and employment in connection with the project shall be
awarded to business concerns that provide economic opportunities for low and very low
income persons residing in the metropolitan area (as defined in 42 U.S.C. 5302(a)) in which
the project is located,.to greatest extent feasibble.
To the maximum extent practicable, the SUBRECIPIENT shall involve homeless
individuals and families in constructing, renovating, maintaining, and operating facilities
assisted under ESG; providing services assisted under ESG; and providing services for
occupants of facilities assisted under ESG. This involvement may include employment or
volunteer services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors
and their successors and assigns, to those sanctions specified by the Agreement through
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which Federal assistance is provided. The SUBRECIPIENT shall comply with Section 3
of the Housing and Community Development Act of 1968, and certifies and agrees that no
contractual or other disability exists that would prevent compliance with these
requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and minority and
women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "small business"
means a business that meets the criteria set forth in section 3(a) of the Small Business Act,
as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a
business at least 51 percent owned and controlled by minority group members or women.
For the purpose of this definition, "minority group members" are Afro-Americans,
Spanish-speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans,
and American Indians. The SUBRECIPIENT may rely on written representations by
businesses regarding their status as minority and women's business enterprises in lieu of
an independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding
through this Agreement must be homeless or at risk of homelessness. Tenant income
eligibility will be validated with supporting documentation during interim and closeout
monitoring.
3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to tarty out an Affirmative Action
Program, pursuant to the COUNTY's specifications, in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The COUNTY
shall provide the SUBRECIPIENT with Affirmative Action guidelines to assist in the
formulation of such program. The SUBRECIPIENT shall submit its plan for an Affirmative
Action Program for approval prior to the award of funds. If the Affirmative Action Plan is
updated during this Agreement's period of performance, the updated plan must be
submitted to the COUNTY within 30 days of any update/modification.
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3.20 CONFLICT OF INTEREST
Tile SUBRECIPIENT covenants that no person under its employ, who presently exercises
any functions or responsibilities in connection with the Project, has any personal financial
direct or indirect interest in the Project areas or any parcels therein, which would conflict
in any manner or degree with the performance of this Agreement. In addition, no person
having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions
of 2 CFR 576.404 "Conflict of Interest", 2 CFR 200.318, FL Statute 287,057 and any
additional State and County statutes, regulations, ordinances, or resolutions governing
conflicts of interest.
The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval
prior to entering into any contract with an entity owned in whole or in part by a covered
person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The
COUNTY may review the proposed contract to ensure that the contractor is qualified and
the costs are reasonable. Approval of an identity of interest contract will be in the
COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's
ability to self -manage the projects using its own employees.
Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its
contractors shall be disclosed, in writing, to CHS provided however that this paragraph
shall be interpreted in such a manner so as not to unreasonably impede the statutory
requirement that maximum opportunity be provided for employment of and participation
of low and moderate income residents of the project target area.
3.21 PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the
minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all
applicable State and Local housing codes, licensing requirements, and any other
requirements in the jurisdiction in which the housing is located, regarding the condition of
the structure and the operation of the housing.
3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its compliance with the requirements of 24 CFR
576.400 for consulting with the Continuum of Care and coordinating and integrating ESG
assistance with programs targeted toward homeless people and mainstream service and
assistance programs (Exhibit G).
3.23 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
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3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
The SUBRECIPIENT must maintain documentation evidencing the use of and written
intake procedures for the centralized or coordinated assessment system(s) developed by the
Continuum of Care in accordance with the requirements established by HUD and identified
in 24 CFR 576.500(g).
3.25 CONDITIONS FOR RELIGIOUS ORGANIZATIONS
ESG funds may be used by religious organizations or on property owned by religious
organizations only in accordance with requirements set forth in Section 24 CFR 576,406.
The SUBRECIPIENT shall comply with First Amendment Church/State principles as
follows:
A. It will not discriminate against any employee or applicant for employment based
on religion and will not limit or give preference in employment to persons based on
religion.
B. It will not discriminate against any person applying for public services based on
religion and will not limit such services or give preference to persons based on
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression
of its religious beliefs, provided it does not use direct ESG funds to support any
inherently religious activities, such as worship, religious instruction, or
proselytizing.
D. The funds shall not be used for the acquisition, construction, or rehabilitation of
structures to the extent that those structures are used for inherently religious
activities. Where a structure is used for both eligible and inherently religious
activities, ESG funds may not exceed the cost of those portions of the acquisition,
construction, or rehabilitation that are attributable to eligible activities in
accordance with the cost accounting requirements applicable to ESG funds in this
part. Sanctuaries, chapels, or other rooms that a ESG funded religious congregation
uses as its principal place of worship, however, are ineligible for ESG funded
improvements.
3.26 INCIDENT REPORTING
If services to clients are provided under this Agreement, the SUBRECIPIENT and any
subcontractors shall report knowledge or reasonable suspicion of abuse, neglect, or
exploitation of a child, aged person, or disabled adult to the COUNTY.
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3,27 SEVLRABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
a determination shall not affect the validity or enforceability of any other section or part
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended — All regulations
regarding the ESG Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
htips://www.ecft. rc� �v/cgi-biti/text-
idx?SID=1 acdb921'3b05c31285dd76c26d 14f54e&Inc—tt'Lle&node= 3t24.1.58&r -)11—div5
4.3 Section 104(b) and Section 109 of Title I of the Housing and Community Development
Act of 1974 as amended
]�tt 3s:l/w��w,Ittadexcllala ge;.i�tfolt'esoucce/21 �4/hotlsi�� r-atui-corn€tato�lit r-clevelo meat-hed-act-ot=
19741
4.4 Title VI of the Civil Rights Act of 1964 as amended,
littl)s://www.held.gov/progl'aiiicieseriptioii/tit.le6
Title VI11 of the Civil Rights Act of 1968, as amended
littl)s://www.ecoo.gov/l,iws/stattites/titlevii,eFiii
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.
I)ttM//www.eef'i-.gov/c =r-bll)/text-
idx?c—ecfl';sid—cic4c21/33cdad1b8974315fa2b(-df4cec r )ii=div5'view=text node--241Xo3A3.
tdno=24-cc--ecfr
I)ttL)s://www.ecfr. oov/c ,-i-bill/text-idx?r rti--div5&Bode=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: litti),,;://www.dol,Lov/aaeiicies/ofeek)/exectitive-ot-ciei,-] 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.
litti)s://www.ecoc.,ov/iaws/statutes/titievii.ef►n
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4.8 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
75, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's
Subrecipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
littps://www,liud.gov/sites/dliles/ tiEO/docuiiieiits/Sectioii3ruleO92820,Vll'
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701), Section 3 requires that, to the greatest extent feasible, opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan
area in which the CDBG-funded project is located; where feasible, priority should be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low- income participants
in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead- based paint hazards),
housing construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the CDBG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
lrtt)S://WWW.11tld,,ov/sites/doetiiiient,,/DOC 12047TI:)Ia
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16.D.8.b
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https://www.ecf ,.f-yov/cgi-bin/text-
idx?c=ecfi•&ti)1=/ecf,browse/Title24/24efrl 35�main�021p]
4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086,
Age Discrimination Act of 1975
littps://www.law.coriiell.edti/LISCode/text/42/cliaptei,-76
11246: https://www.dol,gov/ofecn/i,egs/statutes/eo11246.htnI
11375: Amended by EO 11478
11478: littps://www.areiiives.gov/f'edei'al-t�egistei,/codification/executive-
orden 11478.htlnl
12107:https://www. archives.gov/federal-register/codification/executive-order/12107.litnil
12086:littL)s-//www.ai-chives.L,,ov/fedei-al-i-e-,istel•/codificatioli/executive-order!12086.htinl
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.t ovre s.colt�fl�gulationslex al ndititle24�part5®subpartA secdon5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.do1.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: litti?s://www.cL)a.gov/oci�
29 USC 776: https://I iw.onecIe.cola/Liscode/29/776.litin]
24 CFR 570.614: httLis://www.law.coi,iiell.e(ILi/Cfi�/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
llttps://Www.hlld. rove -/IlLjd i,ogt'anis/eohud<ip
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
Iittl)s:l/www.fltwa.dot.gov/i-cal estate/ultif'0l-lt1 act/index,cCm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be
included in all construction contracts funded by CDBG.
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
htt)s://uscode.liouse.rov/vievvAll (III I?IV=grt111uleid:USC-1999-title40-section276a-
7&nuns-0&edition-1999
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29 CFR Part 3 - Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
littps://www.law.cornelf.edLi/efr/text/29/part-3
29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
littt)s://ww",.Iaw.cortael f.edti/efr/text/29/Dart.-5
Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in
federally assisted projects, littps://www,gresiCICIICV.Liesb,edu/ws/iiidex.L)Iip?l)id=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 littL)s://www.goviiifo,gov/coiitetit/pkg/tJSCODE-20 10-
title 18/pdf1USCODF-2010-title; l S.pdf
40U.S.C.276c btt.s:lluscode. ltotiSC. 10V/View.xhtIII l?ee _ �ranuleid:lJSC-1999-title40-
sectiot1276c&Duna-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.
littps:l/www.at-ciiives.tov/federal-red.sister/codifscatiozi/execttive-order/[ 1625.1itnil
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:
litips://www.ecfi-.,ov/c ,i-biii/text-
idx?c-ccti•;sid—dc4e2f)3edadf'08974315fa2bfd14cec;rgti—d'ty5;yiew=text;node=24`%o3A3.
1.1.3.8•idno=24 cc=eefi
E.O. 13279: litt )://www,f'ed .,oveotitracts.com/ e02-96.httla
4.19 Public Law 100-430 - the Fair Housing Amendments Act of 1988.
htt s://www.ncbi.iilni.iiih. -ovl tibnaed/12289709
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4.20 The Fair Housing Act (42 U.S.C, 3601-20) Reasonable Accommodations Under the Fair
Housing Act, littps://www.]iLj(].&Yov/siteq/docLiiiietits/[)OC 7771.PDF
httpS://www,iustiCe.BOV/crtl1'<lil'-IIousi]IQ-aCt-1
Executive Order 11063 — Equal Opportunity in Housing
https://www.archives.gov/fedei'al-i,egistee/cod ificati0l)/executi ve-order/ l 1063.htinl
Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.arcllives t~ov/federal-i-egistee/codifie,itioti/executive-order/12259.iitln]
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.0,
https:// ,ww.law.cornell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
liiii3s://www.ccfr.gov/cgi-bit/tcxt-idx?t �l—/ecfrbrowse/'I"itletl2/2cfi200 main U2.t l
4.22 2 CFR 200.216 — Prohibition of certain telecommunications and video surveillance
services or equipment. Recipients and Subrecipients are prohibited from obligating or
expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to
procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that use(s) covered telecommunications equipment
or services as a substantial or essential component of any system or as a critical technology
as part of any system,
4.23 Immigration Reform and Control Act of 1986
htt )s://www.ecoe. gov/ceoc/histoi /35th/tlielaw/ii-ea.litn i
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-
littps:/Hwww,lawsei'ver.coln/]aw/state/flot'ida/statutes/floi,ida__stattites_cliapter__I. 12__part_i
Collier County-
htt p://www.coIIier gov.net/home/showdoculncnt?id=35137
4.25 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion,
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4.26 Venue -Any suit of action brought by either party to this Agreement against the other party,
relating to or arising out of this Agreement, must be brought in the appropriate federal or
state courts, in Collier County, FL which courts have sole jurisdiction on all such matters,
(No reference required for this item).
4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort
to resolve any such disputes by negotiation. Any situations when negotiations, litigation
and/or mediation shall be attended by representatives of SUBRECIPIENT with full
decision -making authority and by COUNTY'S staff person who would make the
presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between
the parties arising out of this Agreement, the parties shall attempt to resolve the dispute
through Mediation before an agreed -upon Circuit Court Mediator certified by the State of
Florida. Should either party fail to submit to mediation as required hereunder, the other
party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The
litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if
in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
littps://wvvw, flsetiate,�-,ov/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.
litti)s://www.govitifo.gov/coiitetit/r)kg/tJS('ODE-201 0-tifle42/hon1/USC0QE-
2010-fitle42-chap85.1ifin littos://www.law,coriiell.edti/Llscode/text/42/cha.[)tC[•-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
Iatt�s:Ilwww. rcwinfo. �<wlc�lltetlti 1< 7/LJSCOI13-201 1-title33l d11USC0DE-
201 1-tit1e33-cha )26. pdf
hops:/fwww.law.ec�rhell.eclu/uscocle/textf3.31c11a�ter-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.
hti)s://www.e a.7ov/enfc)rcetneiit/t•CSOurce,-eoliservatioii-atid-i,ecovel,;-act-rcra-atld-
federal-facilities
littt)s://www.law.cortielI.edLi/cfi,/text/40/247. 1
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4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost
of said flood insurance.
fit(ps://www.Iaw.cc)i,t)elI.edLI/Cfi'/text/24/570,605
4.31 Tile 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.�&yoylllcisys/BI'aniiie/C`,FIZ-2000-title24-yo13/Cf, R-2000-title24-yol3-
sec570-608-id 163
4.32 Tile 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.
littps://wavw.nps.gov/History/local-law/nhpa 1966,1itni
Litt s://www.{icl). -,ov/sites/default/files/re tilat.ioiis/2017-02/re 7s-i,evO4. df
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that
are included on a Federal, State or Local historic property list,
htt s llwww.n �s. ii3vlhistor /local-kawlnh a1966.htITI
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).
littps.,//www.�-),t)o.-,ov/fds s/ gratittle/USCODE-2009-title4 l /LJSC0QE-2009-tit1e4I -
ch IQ-sec701
4.34 The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, with a person who is similarly debarred or suspended from participating in this
covered transaction as outlined in Executive oeder 12549.
htt s://ww,arcl)ives. gov/federal-rc)ister/codificatioii/executive-orderl12549.httnl
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4.35 The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is
applicable and agrees to adhere to the accounting principles and procedures required
therein, utilize adequate internal controls, and maintain necessary source documentation
for all costs incurred. These requirements are enumerated in 2 CFR 200, et seq,
4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall
be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's
fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2
CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit
requirements shall submit financial statements to the COUNTY one hundred eighty (180)
days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, if this
Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the
right to recover any disallowed costs identified in an audit after such closeout.
https://www,ecfi,. ,oy/e�,i-biiiltext-
idx'?SID=5a78addeffi9tt535e83fed3010308aef&mc=true&bocie se2.1.200 1344&r rn—cli
v8
4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated
herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be
subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions
on use and disposition of property. A displaced person must be advised of his or her rights
under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing
a person a larger payment than is necessary to enable a person to relocate to a comparable
replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
littps://www.7 o, rov/fcls S/4rantile/Cl{R-2009-title49-volI/CFR-2009-titic49-voll- art24
4.38 As provided in § 287.133, Florida Statutes, by entering into this Agreement or performing
any work in furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates,
suppliers, subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida Department of
Management Services within the 36 months immediately preceding the date hereof,
This notice is required by § 287.133 (3) (a), Florida Statutes.
littp://www.leL.state.fl.tis/Statutes/index.cl'nl?�l�p�inc�de—Display Statute&Seal•ch Strin
Ly—&UR11-0200-0299/0287/Sectiolis/0287.133.litml
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 all 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
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influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress,
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the
language of this certification be included in the award documents for all sub -awards at all
tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the
Agreement shall be in any way or to any extent engaged in the conduct of political
activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act).
hte41/i1SCGDE-2009-title4l-
chap 1.0-sec701/content-detail.htnil
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.
littl)s://www,gsa.—o/l)ortal/cotitent/ 104877
4.42 Housing Counseling, including homeownership counseling or rental housing counseling,
as defined in §5.100, required under or provided in connection with any program
administered by HUD shall be provided only by organizations and counselors certified by
the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12
U.S.C. 1701 x, per 24 CFR 5.111.
I)ttL)s://www.ecl'r,gov/cgi-biii/text-
idx?SID—e339ece9I'dN ov/cgi-bin/text-
idx?SID—e339ece9fdN 1479eab67e850c7cddd4&node=24:2.1.1.2.10.4&r• ll=div6
htt )s://Nvww.law.cortiell.edLI/cfi'/text/24/5,1 I I
4.43 Unaccompanied youth under 25 years of age, or families with children and youth who do
not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but
who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C.
5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6)
of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section
330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of
the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child
Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11434a(2))
litf)S://www. fed era Ire7iSter.Tov/documents/2016/12/20/2016-30241J,unawa (L-
homeless-vouth
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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.
littt)s://www.federali�e�,-istei-.,ov/dOCLliiients/2016/1 1/16/2016-25888/violence-a rainst-
wolnert-reauthorizatiot7-act-of-2013-i1n lementation-in-bud-l�octsitg �- 7ri) r<tn�s
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statutes 713.20, Part 1, Construction Liens
htt1)s://www. le,state.f.us/Statutes/index.cfltn?A p p mode=Display Statutec4z UIZL-0700-
0799/0713/0713.1itm I
4.47 Florida Statutes 119,021 Records Retention
littj)://www.leg.state.fl.tis/StatLtiCS/iticlex.cf'iii'?Ai)t) mode =Dis pla , Statute;&UR1. 0100-
0199/01 19/Sections/01 19.02 l .html
4.48 Florida Statutes, 119.071, Contracts and Public Records
lltt-i://www,le ,state,fl.tis/Statutes/index.cfin?A ) mode=Dis la . Statute&URL=0100-
0199/0119/Sections/01 19.071.1itnl l
4.49 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to
provide meaningful access to the program/project and activities funded under this
Agreement for persons with limited English proficiency pursuant to information located at
bttp://www.let).�oy.
4.50 Equal Treatment of Faith -Based Organizations: By regulation, DOJ/BJA prohibits all
recipient organizations from using financial assistance from DOJ/BJA to fund explicitly
religious activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For
more information, see litt s://o' ). -,c)v/about/ocr/rlrtilet-shi )s.litni, Discrimination on the
basis of religion in employment is generally prohibited by federal law, but the Religious
Freedom Restoration Act is interpreted on a case -by -case basis to allow some faith -based
organizations to receive DOJ/BJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights,
4.51 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. Tile
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;/lojp.ovitihoutlocrlpdfs/UseoCCotivictioii�Advisor.pcifformore details.
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4,52 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use
and has not used federal appropriated funds to pay at any tier, either directly or indirectly,
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any federal contract,
grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with nonfederal funds that takes place in connection with obtaining
any federal award or subaward. Such disclosures are forwarded from tier to tier up to the
recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd
Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees
and its subcontractors hereunder comply with all applicable local, state, and federal laws
and regulations governing advocacy of and appearances before any legislative body. None
of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
4.53 False Claim; Criminal, or Civil Violation: SUBRECIPIENT must promptly refer to
COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor, or other person has either (i) submitted a false claim for grant funds under
the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward
agreement funds
4.54 Political Activities Prohibited; None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of
any candidates for public office. Neither this Agreement nor any funds provided hereunder
shall be utilized in support of any partisan political activities or activities for or against the
election of a candidate for an elected office.
4.55 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJ/BJA
encourages recipients and subrecipients to adopt and enforce policies banning employees
from text messaging while driving any vehicle during the course of performing work
funded by DOJ/BJA and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers,
4.56 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT, The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at htt �salo° �. =ovffur din /I:x lorefl'rohibitecCCondtict-'I'1 ad'Iickin �,htrn.
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4.57 Association of Community Organizations for Reform Now (ACORN): The
SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,
either directly or indirectly, in support of any contract or subaward to either ACORN or its
subsidiaries, without the express prior written approval of OTP.
4.58 If the SUBRECIPIENT wishes to enter into a contract with a small business firm or
nonprofit organization regarding the substitution of parties, assignment, or performance of
experimental, developmental, or research work under this funding agreement, the
SUBRECIPIENT must comply with the requirements of 37 CFR Part 401, "Rights of
Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," and any implementing
regulations issued by HUD.
lrtipsJ/v;Fwrv.eci-1•. Yc�vlc�i�
bi11lretrleveE(' R? _—&SID=a004b6bf20934ace7a7l7de761 de64c0&n)c=true&1t37.1
.401 &r=PART&tv=1-1TML
(Signature Page to Follow)
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IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
;CRYSTAL K. KINZEL, CLERK
Dated:
, Clem
(SEAT,)
Approved as to form and legality:
Derek D. Perry
Assistant County Attorney 41
Date:
1[23-SOC-01019/1786769/1] The Shelter For Abused Women & Children, Inc.
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BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
ack L ckro, Chairman,
Date:
THE SHELTER FOR ABUSED WOMEN &
CHILDREN, INC. I
By:
INDA OBERHAUS, CHIEF EXECUTIVE
OFFICER
Date: 5- ,i
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Community and Human Services
Division, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance
evidencing insurance coverage that meets the requirements as outlined below;
l . 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 ill
connection with this Agreement, in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage. Collier County shall be named as
an additional insured.
DESIGN STAGE (IF APPLICABLE)
In addition to the insurance required in I — 3 above, a Certificate of Insurance must be provided as
follows;
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in all amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT
and/or the design professional shall become legally obligated to pay as damages for claims
arising out of the services performed by the SUBRECIPIENT or any person employed by
the SUBRECIPIENT in connection with this Agreement. This insurance shall be
maintained for a period of two (2) years after the Certificate of Occupancy is issued.
CONSTRUCTION PHASE (IF APPLICABLE)
In addition to the insurance required in I — 4 above, the SUBRECIPIENT shall provide, or cause
its Subcontractors to provide, original certificates indicating the following types of insurance
coverage prior to any construction;
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
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identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Agreement-.
7. Workers' Compensation as required by Chapter 440, Florida Stalutes.
Commercial General Liability including products and completed operations insurance in
the amount of $1,000,000 per occurrence and $2,000,000 aggregate. Collier County must
be shown as an additional insured with respect to this coverage.
9. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in
connection with this Agreement in an amount not less than $1,000,000 combined single
limit for combined Bodily Injury and Property Damage.
10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss
payee with respect to this coverage A.T.I.M.A (As Their Interest May Appear).
11, Flood Insurance coverage for those properties found to be within a flood hazard zone for
the full replacement values of the structure(s) or the maximum amount of coverage
available through the National Flood Insurance Program (NFIP). The policy must show
Collier County as a Loss Payee with respect to this coverage A.T.I.M.A.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name: The Shelter for Abused Women & Children, Inc.
SUBRECIPIENT Address: I PO Box 10102, Naples, FL 34 1011
Project Name: I ESG-CV Emergency Shelter Operations I
Project No. I ES22-0I] Payment Request #
Total Payment Minus Retainage
Period of Availability: 101 A 1.2023 j through 107.31,2023 1
Period for which the Agency has incurred the indebtedness, 01rough
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$15,000.00
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. Current Grant Balance (Initial Grant Amount Award
request) (includes Retainage)
$
$
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us as the SUBRECIPIENT, To the best of my knowledge and belief,
all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor (Approval required $15,000 and above) Division Director (Approval Required $15,000
and above)
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EXHIBIT C
Emergency Solutions Grants (ESG-CV)
Quarterly Performance Report
Report Period:
Fiscal Year;
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
I FY23
I FS22-01
Alle Smelter for Abused Women & Children, Inc. SAWCC
h.SG-CV
Julie Franklin Roxene Mendoza
239-775-3862 x239
Characteristics Report
1. Report Selection Criteria
Q `Totals
# Persons
Served
Race
White
Black/Affican American
Asian
American Indian/Alaskan Native
Multi Racial
Unknown / Data not collected
Native Hawaiian/Other Pacific Islander
Total
Non -Hispanic
Hispanic
Data not collected
Total
Z. Number of adults and children served:
a. Residential
Number of Adults
Number of Children
Number of Unknown Age
b. Non -Residential
Number of Adults
Number of Children
Number of Unknown Age
3. Number of individuals/families served, by cate ories:
a. Number of individual households
(Singles)
Male
Female
Unaccom anied 18 and over
Unaccompanied 17 and under
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b. Number of families with children
Male
female
Headed by single 18 and over
Headed by single 17 and under
j
Headed by two parents 18 and over
Headed by two parents 17 and under
f
Number of Families with no children
Total
j
4. Total nroiect(s)/service(s) provided to clients in raaiffe:
a. ernergency shelter facilities shelter
b, vouchers for shelters
c. drop -in center
d. food pantry
e, mental health
f. alcohoVdru
g. childcare
h. employment
i. transitional
J. outreach
k, soup kitchen/meal distribution
I. health care
in. HN/AIDS services
n. Ra id Re -housing
n. other lease list
Total
5. Number of clients served by sub ro ulation (duplicated count):
a. Chronicall Homeless
f. Chronic Substance Abuse alcohol and/or drug)
b. Victims of Domestic Violence
. Severely Mentally III
c. Elderly
h. Runaway / throwaway youth
d. Veterans
i. Other disability (Physical and/or
Developmental)
e. Individuals with HIV/AIDS
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied
homeless indil,idual with a disabling condition who has either: 1) been continuously howeless for a
year a more, or 2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks
Mobile Home/Trailer
Group/Large House
Hotel/Motel
Scattered Site Apartment
Other A artinent/Coni lex
Single Family Detached House
Other Single -Family Duplex
Sin le Roo1n Occupancy
Other
Total
Expenditures for Emergency Shelter Normal
Operations Is
Subtotal Emergency Shelter
Total ESG-CVExpelyditures
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I hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Date;
Your #yped name here represents Your electronic signature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Checic 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 Pail 200, Subpart F because we:
Q Did not exceed the expenditure threshold for the fiscal year indicated above
Q 0, Are a for -profit organization
0 Are exempt for other reasons — explai
An audited financial statement is attached and if applicable, the independent auditor's management letter.
C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate
from the written response provided within the audit report. While we understand that the audit report contains
a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken.
Please do not provide just a copy of the written response from your audit report, unless it includes details of
the actions, procedures, policies, etc, implemented and when it was or will be implemented.
Certification Statement
thereby certify..that the above information is true and accurate.`
Signature I Date I I j
Print Name and Title
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