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Agenda 08/22/2023 Item #16D 1 (Memorandum of Understanding between Collier County and the Collier County Hunger and Homeless Coalition, Inc.)08/22/2023 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign a Memorandum of Understanding (MOU) between Collier County and the Collier County Hunger and Homeless Coalition, Inc., to allow staff to participate in the Continuum of Care weekly client meeting. (Housing Grant Fund 1835) _____________________________________________________________________________________ OBJECTIVE: To implement the Emergency Solutions Grant (ESG) and Emergency Solutions Rapid Unsheltered Survivor Housing Program (ESG RUSH) to assist families who are homeless or at risk of homelessness in Collier County. CONSIDERATIONS: Collier County is a recipient of U.S. Department of Housing and Urban Development (HUD) Emergency Solutions Grants (ESG) funding to address housing-specific homeless and at-risk of homeless needs identified in the community including rental application fees, security deposits, utility deposits or payments, last month’s rent, as well as short- or medium-term rental assistance. Most recently, a Substantial Amendment to the FY22-23 Annual Action Plan was approved by the Board of County Commissioners (Board) on December 13, 2022, Agenda Item #16D8, accepting the ESG RUSH funds with a period of performance date of February 14, 2023, to February 13, 2025. On February 17, 2023, the final award agreement was received allowing staff to begin program implementation. The ESG and ESG RUSH programs allow for short- and medium-term rental assistance. Based on HUD guidance, staff is clarifying the ESG and ESG RUSH homelessness prevention and rapid rehousing program parameters and will operate short and medium-term rental assistance. HUD allows the County to limit the term but may not exceed twenty-four (24) months of assistance. The County plans to assist persons for twelve (12) months based on funding availability and if funding permits may extend assistance up to twenty-four (24) months. To compliantly administer the ESG and ESG RUSH funds, it is necessary for the County to partner with other organizations that support Continuum of Care (COC) coordinated access and prioritization of clients at the household level. The MOU will allow staff to participate in the COC weekly meeting to coordinate service to those homeless and at risk of homelessness. The MOU can be terminated by either party via written notice. The Partner Organizations to the MOUs will collaborate, bringing resources to quickly end homelessness for clients. FISCAL IMPACT: The proposed actions have no new Fiscal impact. The funding sources for the award are the Emergency Solutions Grants which are budgeted in Housing Grant Fund (1835) as Project 33690, Project 33764, Project 33824 and Project 33840. The required match is available via transfer from General Fund 155930 to Housing Grant Fund (1836) as Project 33690, Project 33764, and Project 33824. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -DDP GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this will further the Goals, Objectives, and Policies within the Housing Element of the Growth Management Plan. RECOMMENDATION: To approve and authorize the Chairman to sign a Memorandum of Understanding between Collier County and the Collier County Hunger and Homeless Coalition, Inc., to allow staff to participate in the Continuum of Care weekly client meeting. Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division ATTACHMENT(S) 1. CE BNL MOU CHS 2023 SR Signed (PDF) 16.D.1 Packet Pg. 696 08/22/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 26225 Item Summary: Recommendation to approve and authorize the Chairman to sign a Memorandum of Understanding (MOU) between Collier County and the Collier County Hunger and Homeless Coalition, Inc., to allow staff to participate in the Continuum of Care weekly client meeting. (Housing Grant Fund 1835) Meeting Date: 08/22/2023 Prepared by: Title: – Community & Human Services Name: Carolyn Noble 07/27/2023 9:09 AM Submitted by: Title: Manager - Federal/State Grants Operation – Community & Human Services Name: Kristi Sonntag 07/27/2023 9:09 AM Approved By: Review: Community & Human Services Kristi Sonntag CHS Review Completed 07/27/2023 12:31 PM Operations & Veteran Services Jeff Weir OVS Director Review Completed 07/27/2023 2:17 PM Community & Human Services Donald Luciano Additional Reviewer Completed 07/28/2023 12:32 PM Public Services Department Todd Henry PSD Level 1 Reviewer Completed 08/01/2023 12:45 PM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 08/02/2023 7:56 AM Public Services Department Tanya Williams PSD Department Head Review Completed 08/11/2023 12:39 PM Grants Erica Robinson Level 2 Grants Review Completed 08/14/2023 3:03 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/14/2023 3:08 PM Office of Management and Budget Blanca Aquino Luque Additional Reviewer Completed 08/15/2023 8:33 AM Grants Therese Stanley Additional Reviewer Completed 08/15/2023 8:50 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/15/2023 9:31 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/15/2023 10:24 AM Board of County Commissioners Geoffrey Willig Meeting Pending 08/22/2023 9:00 AM 16.D.1 Packet Pg. 697 MOU Page 1 of  Memorandum of Understanding between Hunger and Homeless Coalition of Collier County and By Name List Committee Members I. Purpose The purpose of the Memorandum of Understanding (“MOU”) is to document the relationship between the Collier County Hunger and Homeless Coalition, Inc. DBA Hunger and Homeless Coalition of Collier County, a Florida nonprofit corporation (“HHC”) and Collier County Board of County Commissioners, a (“Partner Organization”) (collectively referred to as the “Party” or “Parties”). This MOU provides a broad framework for cooperation between the organizations in preventing hunger and homelessness in Collier County. A By Name List (BNL) is defined as a real-time list of people experiencing homelessness in our community. It includes a robust set of data points that support coordinated access and prioritization at a household level, and an understanding of homeless inflow and outflow at a system level. Without this information, you cannot: 1. Understand the scope of homelessness in your community. 2. Understand how people move in and out of your system on an ongoing basis. 3. Have accurate information to set goals to reduce homelessness. 4. Have accurate information to understand if you are making progress in ending homelessness. II. Independence of Operations Each Party to this MOU will maintain its own identity, establish its own policies, and finance its own activities. III. Organization Descriptions 1. HHC ‘s mission is to support the planning, delivery and coordination of high-quality services to the hungry, homeless, and those at risk of homelessness in Collier County and work with community stakeholders to bring an end to the risks that vulnerable persons face in Collier County. HHC will facilitate the BNL data through HMIS/CRN and provide to the BNL Committee Bi-weekly. 2. The Partner Organization mission is to collaborate, bringing resources to quickly end homelessness for clients. CAO 16.D.1.a Packet Pg. 698 Attachment: CE BNL MOU CHS 2023 SR Signed (26225 : ESG RUSH MOU) IV. Methods of Coordination The Parties have identified the following methods to coordinate and communicate under this MOU: Weekly meetings on Zoom to review BNL list. V. Responsibilities of the Parties The Parties have identified the following responsibilities under this MOU: 1. Generally, responsibility of the Parties: The parties hereto agree that this Agreement is the complete and exclusive statement of the agreement between parties and supersedes all prior proposals and understandings, oral and written, relating to the subject matter of this Agreement. Partner Agencies shall not transfer or assign any rights or obligations under this Agreement without the written consent of the Lead Agency. This Agreement shall remain in-force until revoked in writing by either party with 30 days advance written notice. The exception to this term is if allegations, or actual incidences, arise regarding possible, or actual, breaches of this Agreement or jeopardy to the integrity of the CRN by Partner Agency action or inaction. Should such situation arise, the Lead Agency may immediately suspend access to the CRN until the allegations are resolved to protect the integrity of the system, and if such resolution is not timely achieved, to terminate this Agreement. Termination of this Agreement shall in no manner impact the Partner Agency’s obligations of indemnification, confidentiality and system integrity/security, all of which shall survive termination of the Agreement. When the Lead Agency becomes aware of a possible or actual incident, it shall make a reasonable effort to address its concerns with the County Manager or designee of the Partner Agency prior to acting. If the Lead Agency believes that the breach by a Partner Agency’s such that it may damage the integrity of the central database and the information in the central database for the Partner Agency or any other Agency, it may take immediate steps to suspend the Partner Agency’s access to the CRN prior to addressing the concerns with the executive level of the Partner Agency. The Lead Agency will then address the concern with the executive level of the Partner Agency to resolve the issue. Action with a Partner Agency may include the provision of training and technical assistance, suspension of access to the central database or other appropriate measures to ensure that the data integrity is maintained. This Agreement may be modified or amended by written agreement executed by both parties. All responsibilities and obligations regarding the protection or destruction of confidential client information shall survive the termination of this agreement. Neither party may re-assign this agreement without the prior written consent of the other party. MOU Page 2 of  CAO 16.D.1.a Packet Pg. 699 Attachment: CE BNL MOU CHS 2023 SR Signed (26225 : ESG RUSH MOU) MOU Page 3 of  2. HHC responsibilities: A. Lead Agency agrees to provide the BNL data Bi-weekly. B. Lead Agency agrees to perform its duties in accordance with the CRN Policies & Procedures manual and Statement of Work that does not violate any federal regulations applicable to any government agency. 3. Partner Organization responsibilities: A.The Partner Agency and Lead Agency understand the server, which contains all Client information, including encrypted identifying Client information, will be located at an appropriate location as determined by Wellsky, the provider of the HMIS/CRN data system. B. The Partner Agency and Lead Agency understand that Wellsky, Lead Agency, and the Lead Agency CRN are custodians of data, and not owners of data. C. The Partner Agency will review information for whom they enroll in a program and/or those who are participants in one or more of the agency programs. 1. The Partner Agency understands that a Client Sharing Agreement allows it to share confidential Client information with select agencies so long as the release of information has been signed by the client. V. General 1. Parties agree not to use or display any trademarks of the other without first receiving the express written permission from the other Party to do so. 2. Parties will keep the public informed of their cooperative efforts. 3. Parties will widely distribute this partnership MOU within their respective organizations and require full cooperation from each of its representatives. VII. Periodic Review and Analysis CAO 16.D.1.a Packet Pg. 700 Attachment: CE BNL MOU CHS 2023 SR Signed (26225 : ESG RUSH MOU) MOU Page 4 of  The Parties will jointly evaluate their progress in implementing this MOU at least every year and revise and develop new plans or goals as appropriate. VIII. Term and Termination This MOU is effective as of the date of the last signature below and expires one (1) year from the last signature date. The parties may extend this MOU for additional periods and if so, should confirm this in writing. Either party may terminate this MOU by providing the other party with written notice of its intent to terminate, with at least fifteen (15) days’ notice. IX. Miscellaneous Neither Party to this MOU has the authority to act on behalf of the other Party or bind the other Party to any obligation. This MOU is not intended to be enforceable in any court of law. The sole remedy for non-performance under this MOU shall be termination, with no damages or penalty. X. SignaturesFRQWLQXHGRQQH[WSDJH CAO 16.D.1.a Packet Pg. 701 Attachment: CE BNL MOU CHS 2023 SR Signed (26225 : ESG RUSH MOU) 16.D.1.a Packet Pg. 702 Attachment: CE BNL MOU CHS 2023 SR Signed (26225 : ESG RUSH MOU)