The URL can be used to link to this page

Backup Documents 10/14/2025 Item #16D 7 ORIGINAL:, DOCUMENTS CHECKLIST & ROUTING SLIP n TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 10 4.6 t3 C T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attomey Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Adrienne Meijer Community and Human AM 10.01.2025 Services 2. County Attorney Office— County Attorney Office /144/6 3. BCC Office Board of County Commissioners 1354 i Jl 40I/S 4. Minutes and Records Clerk of Court's Office I /01 14)5 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Adrienne Meijer Phone Number 239-252-5229 Contact/ Depat l.rnent Agenda Date Item was 10/14/2025 Agenda Item Number i ( �, Approved by the BCC D / 17 Type of Document AGREEMENT FOR ES25-01 WITH THE Number of Original Attached SHELTER FOR ABUSED WOMEN & Documents Attached CHILDREN PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK AM 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be AM signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's AM signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. COD Some documents are time sensitive and require forwarding to Tallahassee within a certain l• time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date and all changes made during N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the CGD an option for Chairman's signature. this line. 1617 FAIN# E-25-UC-120016 Federal Award Date EST 10/2025 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of Federal $65,000.00 Funds Awarded Subrecipient Name The Shelter for Abused Women & Children, Inc. UEI# FJA I VKEREQFA FEIN 59-2752895 R&D No Indirect Cost Rate No Period of Performance October 1, 2025— September 30,2026 Fiscal Year End June 30 Monitor End: December 2026 AGREEMENT BETWEEN COLLIER COUNTY AND THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. Shelter Operations Program THIS AGREEMENT is made and entered into this Ii f� day of Oct-ober 2025,by and between Collier County,a political subdivision of the State of Florida,(COUNTY)having its principal address as 3339 Tamiami Trail East, Suite 213,Naples, FL 34112,and THE SHELTER FOR ABUSED WOMEN & CHILDREN, INC. , a private not-for-profit corporation existing under the laws of the State of Florida,(SUBRECIPIENT)having its principal office at P.O. Box 10102, Naples, FL 34101. WHEREAS, the COUNTY is an entitlement community of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant(ESG)program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless Act(42 U.S.C. 11371—I 1378); and WHEREAS, pursuant to the aforesaid grant, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components: street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance, and Homeless Management Information System (HMIS); and WHEREAS,the Board of County Commissioners of Collier County(Board)approved the Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2025-2026 for the ESG Program at the July 8,2025, Board of County Commissioners meeting,Agenda Item 16.D.2 . SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-0 I Shelter Operations Page 1 CM 160 WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning the 2025,preparation of various Annual Action Plans,the COUNTY advertised the 2025—2026 Annual Action Plan, on May 22, 2025, with a 30-day Citizen Comment period from June 6, 2025, to July 6,2025; and WHEREAS, the COUNTY and SUBRECiPIENT wish to set forth the responsibilities and obligations of each in the undertaking the Emergency Solutions Grant Project — (ES25-0I) Shelter Operations Program. NOW,THEREFORE, in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART I SCOPE OF SERVICES SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing ESG Funds, as determined by Collier County Community and Human Services Division(CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS • Project Name: Emergency Solutions Grant—Shelter Operations Program Project Description and Outcome: General Shelter Operating Expenses and Personnel Salaries to benefit homeless individuals and families in Collier County. Project Component One: General Shelter Operating Expenses and Personnel Salaries include but are not limited to: Recurring monthly expenses such as equipment rental, security personnel, security system monitoring fees, internet, phone, electricity, water and sewer, trash collection, property insurance and lawn care. Maintenance and management expenses such as pest control, appliance repair,plumbing repair, lighting, landscaping,security and professional services. Supply expenses such as toiletries, linens, cleaning supplies, paper products and food costs for the shelter; staff salaries. 1. Project Tasks: a. Maintain documentation on all households served, in compliance with 24 CFR 576.500 b. Provide quarterly reports on meeting an ESG Eligible Activity c. Attendance by a representative of SUBRECIPIENT Executive Management at each Partnership Meeting 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living,as well as SHELTER FOR ABUSED WOMEND AND CHILDREN,INC, ES25-01 Shelter Operations Page 2 CAO 1607 prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. SUBRECIPIENT must submit the following resolutions or policies within sixty(60)days of the execution of this Agreement. ® Fair Housing Policy ❑ Affirmative Action/Equal Opportunity Policy Conflict of Interest Policy(COI)and related COI Forms Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy • Section 504/ADA Policy Fraud, Waste,and Abuse Policy Violence Against Women Act(VAWA) Policy ❑ LGBTQ Policy • Language Assistance and Planning Policy(LAP) ® Limited English Proficiency Policy(LEP) Never Contract with the Enemy Certification Whistleblower Protections Certification B. Conflict of Interest—SUBRECIPIENT must have written conflict of interest policies. The Continuum of Care(CoC)and ESG Programs distinguish between two types of conflict of interest: one related to organizations that carry out the project(recipients or subrecipients), and another specific to individuals involved in providing services and day-to-day project operations. SUBRECIPIENT shall have written policies related to both types of conflicts of interest. With respect to the use of ESG funds to procure services, equipment, supplies, or other property, the SUBRECIPIENT shall comply with 2 CFR part 200. With respect to all other decisions involving the use of ESG funds, the following restrictions shall apply: No person who is an employee, agency consultant, officer, or elected or appointed official of the Subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities,or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity,or have an interest in any contract, subcontract, or agreement with respect thereto, or the process thereunder, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure for one year thereafter. If a conflict or a potential or perceived conflict of interest is to occur, the SUBRECIPIENT must contact the COUNTY to determine whether an exception will be allowed as prescribed by the applicable federal regulations. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-UI Shelter Operations Page 3 t 160 7 C. Environmental Review Requirement (ERR) - This Agreement does not constitute a commitment of Funds or site approval. The commitment of Funds or site approval may occur only upon satisfactory completion of environmental review executed by the COUNTY, and either (i) the determination that the project is Exempt or (ii) the COUNTY's receipt of an approved request for release of funds and certification from HUD, under 24 CFR Part 58. The provision of any funds to the project is conditioned on the COUNTY's determination to proceed with, modify, or cancel the project based on the results of the environmental review. No program costs can be incurred until an environmental review of the project is completed and approved by the COUNTY. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to CHS issuance of the Notice to Proceed(NTP)letter. Violation of this provision may result in the termination of this subaward and/or the denial of any reimbursement of funds under this Agreement. D. Annual Subrecipient Training - All SUBRECIPIENT staff assigned to the administration and implementation of the Project established by this Agreement, shall attend the CHS- sponsored Annual Subrecipient Fair Housing training, except those who attended the training in the previous year. In addition, at least one staff member shall attend all other CHS-offered Subrecipient training relevant to the Project, as determined by the Grant Coordinator, not to exceed four(4) sessions. Requests for exemption, under this special condition, must be submitted to the Grants Coordinator, in writing, at least 14 days, prior to the training. E. Persons who, as a result of national origin,do not speak English as their primary language and who have limited ability to speak, read,write,or understand English("limited English proficient persons" or"LEP persons") may be entitled to language assistance under Title VI in order to receive a particular service, benefit, or encounter. In accordance with Title Vi of the Civil Rights Act of 1964 (Title Vi) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable steps to ensure meaningful access to activities funded with HUD Funds by LEP persons. Any of the following actions could constitute "reasonable steps", depending on the circumstances: acquiring translators to translate vital documents; advertisements or notices; acquiring interpreters for face to face interviews with LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering with other organizations that serve LEP populations to provide interpretation, translation, or dissemination of information regarding the project; hiring bilingual employees or volunteers for outreach and intake activities; contracting with a telephone line interpreter service;etc. 1.2 PROJECT DETAILS A. Project Description/Budget The budget identified for the Shelter Operations Program shall be as follows: SHELTER FOR ABUSED WOMENI)AND CHILDREN.INC. ES25-0I Shelter Operations Page 4 CAO 16D7 Description Federal Amount ESG Cost Sharing 1:1 Project Component 1: General Shelter Operating Expenses $65,000.00 $65,000.00 and Personnel Salaries include but are not limited to: Recurring monthly expenses such as equipment rental, security personnel, security system monitoring fees, internet, phone,electricity, water and sewer,trash collection, property insurance and lawn care. Maintenance and management expenses such as pest control, appliance repair, plumbing repair, lighting, landscaping, security and professional services. Supply expenses such as toiletries, linens, cleaning supplies, paper products and food costs for the shelter;staff salaries. ESG Cost Sharing Requirement Documentation of $65,000.00 ESG Eligible Cost Sharing Funds Total Federal Funds: $65,000.00 SUBRECIPIENT will accomplish the following checked project tasks: ❑ Pay all closing costs related to property conveyance Maintain and provide to the COUNTY, as requested, beneficiary documentation that supports the benefit of homelessness • Provide Quarterly Reports on project progress • Provide Quarterly Report from HMIS or Compatible Reporting System • Ensure attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS [ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation ❑ Identify Lead Project Manager [ Provide Site Design and Specifications ❑ Submit Change Orders for CHS approval prior to SUBRECIPIENT authorizing work ❑ Comply with Davis-Bacon Labor Standards and maintain supporting documentation ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Section 3 reporting requirements and maintain supporting documentation ❑ Comply with Uniform Relocation Act(URA), if applicable ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period is met for the project B. Program Components/Eligible Activities All services/activities funded with ESG Funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: Funds may cover costs related to essential services for unsheltered persons (including emergency health or mental health care, engagement, case management, and services for special populations). SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-0 I Shelter Operations Page 5 CAO 16D 7 • Emergency Shelter: Funds may be used for renovation of emergency shelter facilities and the operation of those facilities, as well as services for the residents (including case management, childcare, education,employment assistance and job training, legal, mental health, substance abuse treatment,transportation, and services for special populations). • Homelessness Prevention and Rapid Re-Housing: Both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent, and housing search and placement activities).Housing may also be used for short-or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: Funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include computer hardware, software,or equipment,technical support,office space,salaries of operators,staff training costs, and participation fees. C. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Insurance insurance Certificate Within 30 days of Agreement execution and annually within thirty (30)days of renewal Special Grant Condition Policies as stated in this Within sixty (60)days of Policies(Section 1.1) Agreement Agreement execution Project Plans and Site Plans and Specifications N/A Specifications Procurement Documents(Bid independent Cost Estimate N/A Packet)* Method of Procurement Solicitation Packet, including Conflict of Interest,No Enemy Contract. Trafficking,and Whistleblower Forms. Subcontractor.Log Subcontractor Log N/A Quarterly Progress Report Exhibit C 1.Quarterly, within 10 days after the end of the quarter 2.Final report upon submission of final pay request. Quarterly Report from HMIS HMiS or Combatable System Quarterly, within 10 days after the or Compatible Reporting Report end of each quarter. Final report due Stem 60 days after Agreement ends. Annual Audit Monitoring Exhibit D Annually, within 60 days after FY Report end Financial and Compliance Audit, Management Letter and Annually, nine(9)months for Audit Supporting Documentation Single Audit OR one hundred and eighty(180)days after FY end. Program Income Reuse Plan Plan Approved by the N/A COUNTY Collier County Inventory Exhibit I Annually, within 60 days after FY Form end mommosimaimmiimainimmow SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. IS25-0I Shelter Operations Page 6 1 6 n 7 Conflict of Interest Form Subrecipient/Developer/Vendor Upon execution of the Agreement, Conflict of Interest Disclosure all employees who work on Form activities associated with the grant and upon hiring of all new employees Whistleblower Protections Exhibit J Upon execution of the Agreement, Certification all employees who work on activities associated with the grant and upon hiring of all new employees Affidavit Regarding Labor Affidavit Upon execution of the Agreement. and Services(Traffickin. D. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1:General Exhibit B and backup documentation monthly payment Shelter Operating Expenses and including but not limited to properly requests due within 30 Personnel Salaries include but completed invoices, canceled checks, days of month end are not limited to: Recurring utility documents(s), or any additional monthly expenses such as supporting documentation as needed equipment rental, security 1 personnel, security system monitoring fees, Internet,phone, 10% retainage will be deducted from each electricity, water and sewer, invoice trash collection, property insurance and lawn care. Final 10% will be released upon Maintenance and management documentation of beneficiaries served and expenses such as pest control, a successful closeout monitoring. appliance repair, plumbing repair, lighting, landscaping, security and professional services. Supply expenses such as toiletries, linens, cleaning supplies,paper products and food costs for the shelter; staff salaries. ESG Cost Sharing Exhibit B-1, along with supporting Cost Monthly Cost Sharing documentation Sharing: a minimum of dollar-for-dollar, with each submitted •a 'request. Final 10 percent of award amount will be paid upon completion of documentation of all beneficiaries and final monitoring clearance. Retainage will be deducted from each invoice. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. fS25-ol Shelter Operations Page 7 CA O 16Q7 1.3 PERIOD OF PERFORMANCE SUBRECIPIENT services shall start on October 1,2025, and end on September 30,2026(Term of Agreement). SUBRECIPIENT's services/activities shall be undertaken and completed considering the purposes of this Agreement. Any Funds not obligated by the expiration date of this Agreement shall automatically revert to the COUNTY. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement following receipt of SUBRECIPIENT's written request submitted at least 30 days prior to agreement period of performance end date. Extensions must be authorized, in writing, by formal letter to SUBRECIPIENT. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available SIXTY FIVE THOUSAND DOLLARS AND ZERO CENTS($65,000.00) for use by SUBRECIPIENT during the Term of the Agreement (hereinafter referred to as the Funds). Modification to the Budget and Scope may only be made if approved in advance.Cumulative Fund shifts among line items may be approved administratively by CHS Director or designee for a total of up to 10 percent(10%) of the total funding agreement and shall not signify a change in scope. Fund shifts that exceed 10 percent (10%) shall require formal amendment and approval by the Board of County Commissioners(Board). The COUNTY shall reimburse SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG Funds until funds are needed for eligible costs,and all disbursement requests must he limited to the amount needed at the time ofthe request. SUBRECIPIENT may expend Funds only for allowable costs resulting from obligations incurred during the term of this Agreement. invoices for work performed are required every month. If no work has been performed during a month, or if SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice is required. Explanations will be required if two consecutive months of $0 invoices are submitted. Payments shall be made to SUBRECIPIENT when requested as work progresses, but not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. COUNTY will pay SUBRECIPIENT Funds available under this Agreement based on information submitted by SUBRECIPIENT and consistent with any approved budget and COUNTY policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by SUBRECIPIENT,not to exceed actual cash requirements. Payments will be adjusted by CHS in accordance with advance Fund and program income balances available in SUBRECIPIENT accounts. In addition,COUNTY reserves the right to liquidate Funds available under this Agreement for costs incurred by COUNTY on behalf of SUBRECIPIENT. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the Agreement but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC, ES25-01 Shelter Operations Page 8 CAO 1607 CHS may withhold any pay request until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements, including timely submission of Performance Deliverables contained in Section 1.2.C. Late submission of deliverables or evidence of project inactivity may cause payment suspension of any open pay requests until the required deliverables are received or substantial project progress occurs, as determined by CHS. Except where disputed for noncompliance, payment will be made upon receipt of a properly completed invoice, and in compliance with sections 218.70--218.80, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 1.5 COST SHARING REQUIRED SUBRECIPIENT must match ESG grant funds dollar-for-dollar,pursuant to 2 CFR 200.306(b)and 24 CFR 576.201.Cost sharing funds shall be provided after the date of the grant award. Funds used for cost sharing a previous ESG grant may not be used for cost sharing a subsequent grant award. SUBRECIPIENT may comply with its requirement by providing the cost sharing funds from any source, including any Federal source other than the ESG program, as well as State, Local, and private sources. SUBRECIPIENT must ensure the laws governing any Federal funds to be used do not prohibit those funds from being used for cost sharing ESG funds. To meet the required cost sharing, the cost sharing contributions must meet all requirements that apply to the ESG Funds provided by HUD, as required by 2 CFR 200.306(b) and 24 CFR 576.201. Cost sharing contributions may be in the form of the following: 1. Cash contributions 1. Non-cash contributions calculated per requirements in 24 CFR 576.201(e), including the value of any real property, equipment. goods, or services contributed to SUBRECIPIENT's ESG program, provided that, if SUBRECIPIENT had to pay for them with grant Funds, the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building, or any lease, using a method reasonably calculated to establish a fair market value. b. Cost Sharing in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in SUBRECIPIENT's organization. If SUBRECIPIENT does not have employees performing similar work, the rates must he consistent with those ordinarily paid by other employers for similar work in the same labor market, 2. Costs paid by program income shall count toward meeting SUBRECIPIENT's cost sharing requirements, provided the costs are eligible ESG costs that supplement the ESG program. 1.6 COST PRINCIPLES Payments to SUBRECIPIENT are governed by the Federal grant management rules for cost allowability, found at 2 CFR 200 Subpart E-Cost Principles; and Cost Sharing found at 24 CFR 576.201. For the purposes of this section (Section 1.7-Cost Principles) of this Agreement, SUBRECIPIENT is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under the Part I -Scope of Services. SUBRECIPIENT may only incur direct costs that may be attributed specifically to the project referenced the Scope of Services, as defined in 2 CFR 200.413. SUBRECIPIENT must provide adequate documentation for SHELTER FOR ABUSED WOMEND AND CI IILDREN,INC. ES25.01 Shelter Operations Page 9 CAO 16D ? validating costs incurred. Payments to SUBRECIPIENT'S contractors and vendors are conditioned upon compliance with the procurement requirements provided in 2 CFR 200.318-200.327. Allowable costs incurred by Subrecipients and Contractors shall comply with 2 CFR 200 Subpart E-Cost Principles. SUBRECIPIENT may not be subject to 2 CFR Subpart E.; however, the COUNTY is and may impose requirements upon SUBRECIPIENT so that the COUNTY can remain compliant with its obligation to follow 2 CFR 200 Subpart E. SUBRECIPIENT 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. 1.7 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, personal delivery, facsimile, or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. COLLIER COUNTY ATTENTION: Adrienne Meijer, Grants Coordinator I Collier County Government Community and Human Services Division 3339 Tamiami Trail East, Suite 213 Naples, Florida 34112 Email: Adrienne.meijer@colliercountyfl.gov Telephone: (239) 252-5229 SUBRECIPIENT ATTENTION: Linda Oberhaus,Chief Executive Officer The Shelter for Abused Women and Children P.O. Box 10102 Naples, FL 34101 Email: Loberhausln'�naplesshelter.org Telephone: (239)280-1350 Remainder of Page Intentionally Left Blank SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-QI Shelter Operations Paec 10 CAO 1607 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report(Exhibit D)no later than 60 days after SUBRECIPiENT'S fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a financial and compliance Single Audit report, Management Letter, and supporting documentation nine (9) months (or audited financial statements, 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 must fully clear any deficiencies noted in audit reports within 30 days after its receipt of the report. 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. SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted in accordance with current COUNTY policy concerning Subrecipient audits and 2 CFR 200.501 Federal Award amounts expended shall be determined in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 576.500 to determine compliance with the requirements of this Agreement, the ESG Program, and all other applicable laws and regulations. This documentation shall include but is not limited to the following: A. All records required by ESG regulations. B. SUBRECIPIENT shall maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. SUBRECIPIENT shall make available at any time upon request by the COUNTY or CHS all reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed, prepared, assembled, or completed by SUBRECIPIENT for the purpose of this Agreement. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including cost sharing funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page I l CAO . ................. 160 7 D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, SUBRECIPIENT shall keep all documents and records in an orderly fashion and in a readily accessible, permanent, and secured location for five (5) years after the date of COUNTY'S submission of the final performance and evaluation report(CAPER)to HUD, as prescribed in 24 CFR 576.500 (y). However, if any litigation, claim, or audit is started before the expiration date of the five (5)year period, the records will he maintained until all litigation, claim, or audit findings involving these records are resolved. If SUBRECIPIENT ceases to exist after closeout of this Agreement, it must notify the COUNTY in writing, of the address where the records are to be kept,as outlined in 2 CFR 200.337. SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to the COUNTY, all public records in SUBRECIPIENT's possession upon termination of the Agreement and destroy any duplicate,exempt,and/or confidential public records that are released from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the COUNTY's information technology systems. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, IT SHALL CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239- 252-5837, Angel.Bates(&,colliercountvfl.2ov, 3299 Tamiami Trail East, Naples, FL 34112. E. SUBRECIPIENT shall establish and maintain income eligible files on clients served, and documentation that all households are eligible under HUD Income Guidelines, SUBRECIPIENT agrees that CHS shall be the final arbiter on SUBRECIPIENT's compliance. F. SUBRECIPIENT shall document how it complied with the Program Component(s), as defined in 24 CFR 576.100, and the eligibility requirement(s) under which funding has been received. This includes special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100; income certification; and written agreements with beneficiaries, where applicable. G. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the COUNTY would provide the records, and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that exempt or confidential public records that are released from public records disclosure requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR 200.338. S11ELTE_R FOR ABUSED WOMEND AND CHILDREN.INC. ES2 5-01 Shelter Operations Page 12 CAO 1607 II. SUBRECIPIENT shall take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PiI) and other types of information in accordance with 2 CFR 200.303(e). This includes information that 1-IUD or the COUNTY designates as sensitive, or other information the COUNTY considers sensitive and is consistent with applicable Federal,State,and Local laws regarding privacy and responsibility over confidentiality. 2.3 MONITORING SUBRECIPIENT agrees that CHS may carry out no fewer than one annual on-site monitoring visit and evaluation activities,as determined necessary.At the COUNTY's discretion,a desktop review of the activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon satisfactory evaluations. SUBRECIPIENT shall, upon request by CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and allow for completion of its required reports. SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, SUBRECIPIENT shall make available for review, inspection, or audit all records,documentation, and any other data relating to all matters covered by the Agreement. The COUNTY will monitor the performance of SUBRECIPIENT in an attempt to mitigate fraud, waste,abuse,or nonperformance based on goals and performance standards as stated with all other applicable laws, regulations, and policies governing the Funds provided under this Agreement, further defined by 2 CFR 200.332. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this Agreement. If SUBRECIPIENT does not take corrective action within a reasonable time period after being notified by the COUNTY, Agreement suspension or termination procedures will be initiated.SUBRECIPIENT agrees to provide HUD,the 1-11ID Office of Inspector General, the General Accounting Office, COUNTY, or the COUNTY's internal auditors) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD,WASTE,AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal control systems and procedures sufficient to prevent, detect, and correct incidents of fraud, waste, and abuse in the performance of this Agreement, and provide for proper and effective management of all Program and fiscal activities of the Agreement. SUBRECIPIENT's internal control systems,all transactions,and other significant events are to be clearly documented, and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all its records, employees, and agents for the purpose of monitoring or investigating the performance of the Agreement.SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent fraud, waste, and abuse. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC ES25-61 Shelter Operations Page 13 CM) 16D7 SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement, or any law or regulation, to the COUNTY or any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement. Penalties may be imposed for failure to implement or make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No, 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from Cl-IS.The escalation policy for noncompliance is as follows: 1. Initial noncompliance may result in CHS issuing Findings or Concerns to SUBRECIPIENT,which requires SUBRECIPIENT to submit a corrective action plan to CHS within 10 business days following issuance of the report. • Any pay requests that have been submitted to CHS for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance(TA)to SUBRECIPIENT, as needed,to correct the noncompliance issue. 2. If SUBRECIPIENT fails to submit the corrective action plan in a timely manner,CHS may require a portion of the awarded grant amount to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 5 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT may he denied future consideration as set forth in Resolution No. 2013-228. 3. if SUBRECIPIENT remains noncompliant or repeats an issue that was previously corrected and has been informed by CHS of their substantial noncompliance, by certified mail, CHS may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed,to be returned to the COUNTY. • CHS may require SUBRECIPIENT to return upwards of 10 percent of the award amount to the COUNTY, at the discretion of the Board. • SUBRECIPIENT will be in violation of Resolution No. 2013-228. 4. If after repeated notification, SUBRECIPIENT continues to be substantially noncompliant, CHS may recommend the Agreement or award be terminated. • CHS will make a recommendation to the Board for immediate termination of the Agreement. SUBRECIPIENT will be required to repay all Funds disbursed by the COUNTY for the terminated project. This includes the amount invested by the COUNTY for the initial acquisition of properties or other activities. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-01 Shelter Operations Page 14 CM) 1607 • SUBRECIPIENT will be in violation of Resolution No. 2013-228. If SUBRECIPIENT has multiple agreements with CMS and is found to be noncompliant, the above sanctions may be imposed across all awards at the Board's discretion. 2.6 REPORTS Reimbursement may be contingent upon the timely receipt of complete and accurate reports required by this Agreement,and on the resolution of monitoring findings identified pursuant to this Agreement, as deemed necessary by the County Manager or designee. Reports showing lack of project activity may result in withholding of payment or issuance of a Notice of Noncompliance. During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July, and October, respectively, for the prior quarter period end. As part of the report submitted in October, SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities, and expenditures including but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit C, which contains a sample reporting form to be used in fulfillment of this requirement. SUBRECIPIENT shall submit quarterly reports from HMIS or a compatible reporting system, along with the quarterly project progress reports. Additionally, all cost sharing utilized in support of this project will be submitted on Exhibit B-1 as part of the final report. Other reporting requirements may be imposed by the County Manager or designee in the event of Program changes, the need for additional information or documentation arises, and/or if legislative amendments are enacted. Reports and/or requested documentation not received by the due date shall be considered delinquent and may be cause for default and termination of this Agreement. Remainder of Page Intentionally Left Blank SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page 15 I 6 0 7 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. SUBRECIPIENT shall cause all provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. 3.2 GENERAL COMPLIANCE SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the HEARTH Act. SUBRECIPIENT also agrees to comply with all other applicable Federal, State. and Local laws, regulations, and policies governing the Funds provided under this Agreement. SUBRECIPIENT further agrees to utilize Funds available under this Agreement to supplement rather than supplant funds otherwise available. SUBRECIPIENT is prohibited from using Funds provided herein, or personnel employed in the administration of the program, for political activities, inherently religious activities, lobbying, political patronage,and/or nepotism activities. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. SUBRECIPIENT shall always remain an"independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FiCA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as the SUBRECIPIENT is independent from the COUNTY. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization,and approved by the COUNTY's Board. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, available funding amounts, or other reasons. If such amendments result in a change in the finding, 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. SHELTER FOR ABUSED WOME•ND AND CHILDREN.INC. ES25-01 Shelter Operations Page 16 CAO 1. 6 0 7 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HUD ESG grant funds and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing ESG Funds pertaining to this Agreement.In the event of curtailment or non-production of said Federal Funds, or the reduction of HUD Funds to the COUNTY to a level that the County Manager determines to be insufficient to adequately administer the project, the financial resources necessary to continue to pay SUBRECIPIENT all or any portion of the Funds will not be available. In either 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/her sole discretion and judgment, that the Funds are no longer available. In the event of such termination,SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents, and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act or omission, including but not limited to reasonable attorneys' and paralegals' fees,to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of SUBRECIPIENT or any of its agents, officers, servants, employees,contractors, patrons, guests, clients, licensees, invitees,or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge, or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith, shall defend all suits in the name of the COUNTY, and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of the COUNTY. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. 'This Section shall survive the expiration or termination of this Agreement. 3.7 COUNTY RECOGNITION/SPONSORSHIPS SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements, descriptions of the Program sponsorships, research reports, and similar public notices, whether printed or digitally prepared, and released by SUBRECIPIENT for, on behalf of,and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION." SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-41 Shelter Operations Page 17 CAO 1607 The statement 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. If this Agreement results in any copyrightable material or inventions, CHS and/or the COUNTY reserve the right to royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use; and authorize others to use the work or materials for governmental purposes. 3.8 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,in the case of a partial termination,if the COUNTY determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety.This Agreement may also be terminated by the COUNTY if the award no longer effectuates the program goals or grantor agency priorities. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations; or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time. B. Failure, for any reason, to fulfill its obligations under this Agreement in a timely and proper manner. C. Ineffective or improper use of Funds provided under this Agreement. D. Submission of reports to the COUNTY that are incorrect or incomplete in any material respect. E. Submission of any false certification. F. Failure to materially comply with any terms of this Agreement. G. Failure to materially comply with the terms of any other agreement between the COUNTY and SUBRECIPIENT, relating to the Project. In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part. B. Require the use of or change in professional property management. C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG Funds that it received under this Agreement. D. Apply sanctions, if determined by the County to be applicable. E. Stop all payments until identified deficiencies are corrected. F. Terminate this Agreement, by giving written notice to SUBRECIPIENT specifying the effective date of such termination. If the Agreement is terminated by the COUNTY as provided herein, SUBRECIPIENT shall have no claim of payment or benefit for any incomplete project activities undertaken under this Agreement. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC ES25-41 Shelter Operations Page 18 AA CM 1607 3.9 SUSPENSION AND DEBARMENT SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by a Federal Department or agency; and,that the SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered transaction, with a suspended or debarred contractor or vendor, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension and Debarment and 2 CFR 200.214,as further detailed in Section 4.18, 3.10 REVERSION OF ASSETS Upon Agreement termination, in addition to any and all other remedies available to the COUNTY (whether under this Agreement,or at law or in equity), SUBRECIPIENT shall immediately transfer to the COUNTY any Funds on hand at the time of termination (or expiration) and any accounts receivable attributable to the use of ESG Funds. The COUNTY's receipt of any Funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the Funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. All program assets (unexpended program income, property, equipment, etc.) shall revert to CHS upon termination of this Agreement. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement, until all required insurance, as outlined in Exhibit A and 2 CFR 200.310 has been obtained. Said insurance shall be carried continuously during SUBRECIPIENT's performance under the Agreement. 3.12 ADMINISTRATIVE REQUIREMENTS SUBRECIPIENT agrees to perform the Scope of Services in compliance with the Grant Budget and Scope of Services (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the Federal regulations for the Emergency Solutions Grant, (24 CFR 576 et seq.) 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through 200.327)and Collier County's Procurement Ordinance#2017-08,as amended.Current purchasing thresholds are: Range: Competition Required $0-$50,000 3 Written Quotes $50,001+ Formal Solicitation(ITB, RFP,etc.) All improvements specified in Part I Scope of Services shall be performed by SUBRECIPIENT employees, or be put out to competitive bidding, under a procedure acceptable to the COUNTY SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-G l Shelter Operations Page 19 CA') 16D 7 and Federal requirements. SUBRECIPIENT shall enter into contracts with the lowest,responsible, and qualified bidder. Contract administration shall be conducted by SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. In accordance with 24 CFR parts 570.202(b)(3)& 570.202(b)(4),to the greatest extent practicable, SUBRECIPIENT shall procure products, similar to Energy Star and Water Sense products and appliances, that increase the effective use of energy and water in structures. 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 11 (J)and 2 CFR 200.323. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. However, if Program Income is derived from the use of ESG Funds disbursed under this Agreement, such Program Income shall be used by the SUBRECIPIENT for an eligible ESG project activity approved by the COUNTY. Any Program Income (as such term is defined under applicable Federal regulations) gained from any SUBRECIPIENT activity funded by ESG shall be reported to the COUNTY through an annual Program Income Re-use Plan, utilized by SUBRECIPIENT accordingly, and shall be compliant with 2 CFR 200.307 and 24 CFR 576.201(t).When Program Income is generated by an activity that is only partially funded with ESG Funds, the income shall be prorated to reflect the percentage of ESG Funds used. If there is a Program Income balance at the end of the Program Year,such balance shall revert to the COUNTY's ESG Program, for further reallocation. Equipment/Supplies: Per 45 CFR 75.2, Equipment is defined as tangible personal property (including information technology systems) having a useful life of more than one year and a per- unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. The Collier County Inventory form(Exhibit I)must be completed by SUBRECIPIENT and submitted to the COUNTY annually. Supplies are defined as all tangible personal property other than those described as Equipment. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial state purposes or$5,000,regardless of the length of its useful life. During the continued use period,as referenced in Section 3.16(Grant Closeout Procedures)of this Agreement,equipment/supplies under SUBRECIPIENT'S control that were acquired or improved, in whole or in part, with ESG Funds shall be used to meet one of the ESG Program Components, pursuant to 24 CFR 576. If SUBRECIPIENT sells, transfers, disposes of, or otherwise fails to continue to use the ESG-assisted equipment/supplies in a manner that meets an ESG Program Component, SUBRECIPIENT shall pay the COUNTY an amount equal to the current fair market value of the equipment/supplies, less the percentage of non-ESG funds used to acquire the equipment/supplies. At the end of the Grant period,the SUBRECIPIENT must request disposition instructions from the COUNTY for unused equipment acquired under this Agreement. If the COUNTY fails to provide the requested instructions within 120 days, the unused equipment with a value of$5,000 or less, may be retained, sold, or otherwise disposed of with no further responsibility to the COUNTY. However, the COUNTY is entitled to an amount calculated by multiplying the percentage of the SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25.01 Shelter Operations Page 20 Coo 160 7 COUNTY's contribution towards the original purchase by the current market value or proceeds from the sale. If the equipment is sold, the COUNTY may permit the SUBRECIPIENT to retain, from the Federal share, $1,000 of the proceeds to cover the expenses associated with the selling and handling of the equipment. At the end of the Grant period, unused supplies with a value exceeding$5,000 acquired under this Agreement must be sold by the SUBRECIPIENT. The COUNTY is entitled to compensation in an amount calculated by multiplying the percentage of the COUNTY's contribution towards the cost of the original purchase(s) by the current market value or proceeds from the sale. If supplies are sold, the COUNTY may permit the SUBRECIPIENT to retain, from the Federal share, $1,000 of the proceeds to cover expenses associated with the selling and handling of the supplies. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but are not limited to making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in section 2.2 (Records and Documentation) of this Agreement, SUBRECIPIENT shall comply with section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal records retention requirements will result in the more stringent law being applied,such that the record must be held for the longer duration. Any balance of unobligated Funds which have been advanced or paid must be returned to the COUNTY. Any Funds paid exceeding the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that comply with section 215.97, Florida Statutes, the Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.344 and ensure all Federal grant requirements have been completed. 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE SUBRECIPIENT agrees that no person shall be excluded from the benefits of or be subjected to discrimination under any activity carried out by the performance of this Agreement based on race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 75 requires that, to the greatest extent practicable,employment and economic opportunities be directed to low- and vety low-income residents ofthe area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low-and very low-income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable, SUBRECIPIENT shall involve homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under ESG, providing services assisted under ESG, and providing services for occupants of facilities assisted under ESG.This involvement may include employment or volunteer services. Section 3 is relative SHELTER FOR ABUSED WOMMMEND AND Cl IILDREN,INC. ES25-0I Shelter Operations Page 21 A,{{ 1607 to any of the SUBRECIPIENT's subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of 1968 and certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES 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 that is at least 51 percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Black Americans, Hispanic Americans, Asian/Pacific Americans, Native Americans, and Hasidic Jews. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. 3.18 PROGRAM BENEFICIARIES As defined by 24 CFR 576.2, 100 percent (100%) of the beneficiaries receiving ESG Funding through this Agreement must be homeless or at risk of homelessness. Income eligibility of beneficiaries will be validated by reviewing supporting documentation, during any interim and/or closeout monitoring. 3.19 AFFIRMATIVE ACTION PLAN SUBRECIPIENT agrees that it is committed to canying out an Affirmative Action Program, pursuant to the COUNTY's specifications,in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966.Prior to the award of Funds,SUBRECIPIENT shall submit to the COUNTY for approval,its plan for an Affirmative Action Program.If the Affirmative Action Plan is updated during the Performance Period of this Agreement,the updated plan must be submitted to the COUNTY within 60 days of any update/modification. SUBRECIPIENT's contracting officer will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of SUBRECIPIENT's commitments hereunder and shall post copies of the notice in conspicuous places available to all employees and applicants for employment. 3.20 CONFLICT OF INTEREST SUBRECIPIENT covenants that no person under its employ,who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement,and that no person having any conflict of interest shall be employed or subcontracted by SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404 "Conflict of Interest," 2 CFR 200.318, Florida Statute 287.057 and any additional State and County statutes, regulations, ordinances, or SHELTER FOR ABUSED WOMEN!)AND CHILDREN,INC. ES25-01 Shelter Operations Page 22 CAO 1 60 7 resolutions governing conflicts of interest.All SUBRECIPIENT employees who work on activities associated with this Agreement shall complete the Subrecipient/Developer/Vendor Conflict of Interest Disclosure Form prior to execution of this Agreement. Any employees hired later during the period of performance for this Agreement who will work on activities associated with this Agreement shall also complete and submit to the COUNTY the Conflict of Interest Disclosure Form. SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified, and the costs are reasonable.Approval of an identity of interest contract will be in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing to CHS provided however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate-income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation,and privacy standards(Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Housing that program participants who receive ESG assistance to remain or move into must meet the minimum habitability standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS SUBRECIPIENT must document its compliance with the requirements of 24 CFR 576.400(a) for consulting with the Continuum of Care and coordinating and integrating ESG assistance with programs targeted toward homeless people and mainstream service and assistance programs (Exhibit G). 3.24 HOMELESS PARTICIPATION SUBRECIPIENT must document its compliance with homeless participation requirements under 24 CFR 576.405(c). 3.25 BYRD ANTI-LOBBYING AMENDMENT The COUNTY, SUBRECIPIENT, and their contractors certify that they will not, and have not, used Federally appropriated Funds to pay any person or organization for influencing or attempting to influence the award of Federal Funds, as covered by 31 USC 1352, and more fully described in SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-0I Shelter Operations Page 23 CAO 1607 Section 4.53 of this Agreement. Contractors who apply or bid for an award of$100,000 or more shall file the required certification. 3.26 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES SUBRECIPIENT must maintain documentation evidencing the use of and written intake procedures for the centralized or coordinated assessment system(s)developed by the Continuum of Care, in accordance with the requirements established by HUD and identified in 24 CFR 576.500(g). 3.27 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG Funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 576.406. SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. it will not discriminate against any employee or applicant for employment and will not limit or give preference in employment to persons based on religion. B. It will not discriminate against any person applying for public services and will not limit such services or give preference to persons based on religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct ESG Funds to support any inherently religious activities, such as worship, religious instruction, or proselytizing. D. The Funds shall not be used for the acquisition,construction,or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG Funds may not exceed the cost of those portions of the acquisition, construction,or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG Funds in this part. Sanctuaries, chapels, or other rooms that an ESG Funded religious congregation uses as its principal place of worship, however, are ineligible for ESG Funded improvements. 3.28 INCIDENT REPORTING if SUBRECIPIENT provides client services under this Agreement, SUBRECIPIENT and any of its subcontractors shall report to the COUNTY knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child, aged person, or disabled person. During the term of this Agreement, SUBRECIPIENT must report to the COUNTY in writing, within one business day of occurrence, any substantial, controversial, or newsworthy incidents. The Collier County Incident Report Form(Exhibit H)shall be used to report all such incidents. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES2 -Ol Shelter Operations Page 24 1607 3.29 DUPLICATION OF EFFORT SUBRECIPIENT certifies that costs for work to be performed under this Agreement and any subcontract do not duplicate any costs charged against any other contract, subcontract, or other source, in accordance with 48 CFR 1331.205-70. SUBRECIPENT agrees to advise the COUNTY in writing of any other contract or subcontract it has performed or is performing which involves work directly related to the purpose of this Agreement. 3.30 SEVERABILITY Should any provision of the Agreement be determined to be unenforceable or invalid, such determination shall not affect the validity or enforceability of any other section or part thereof. 3.31 MISCELLANEOUS SUBRECIPIENT and COUNTY each binds itself, its partners, successors, legal representatives, and assigns of such other party in respect to all covenants of this Agreement. SUBRECIPIENT represents and warrants that the financial data, reports, and other information it furnished to the COUNTY regarding the Project are accurate and complete, and financial disclosures fairly represent the financial position of SUBRECIPIENT. SUBRECIPIENT understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the COUNTY'S or SUBRECIPIENT's responsibilities with respect to services provided under this Agreement,is prohibited unless written consent is obtained from such person receiving service and, in case of a minor, that of a responsible parent/guardian. SUBRECIPIENT certifies that it has the legal authority to receive the Funds under this Agreement and its governing body has authorized the execution and acceptance of this Agreement. SUBRECIPIENT also certifies that the undersigned person has the authority to legally execute and bind the SUBRECIPIENT to the terms of this Agreement. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. The Grant Documents shall be construed in accordance with and governed by the laws of the State of Florida, without giving effect to its provisions regarding choice of laws. All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the terms and conditions of the Agreement between the COUNTY, the Regulations, all applicable Federal,State,and Municipal laws,ordinances, regulations,orders,and guidelines, including but not limited to any applicable regulations issued by CHS. Electronic Signatures. This Agreement,and related documents entered into in connection with this Agreement, are signed when a party's signature is delivered by facsimile, e-mail, or any other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures. SIIELTEiR FOR ABUSED WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page 25 CAO t_ 1 6 D 3.32 WAIVER The COUNTY'S failure to act with respect to a breach by SUBRECIPIENT does not waive its right to act with respect to subsequent or similar breaches. The COUNTY'S failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Remainder of Page Intentionally Left Blank SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES2j-0I Shelter Operations Page 26 1 60 7 PART IV GENERAL PROVISIONS 4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended—All regulations regarding the ESG Program. eCFR: 24 CFR Part 576-- Emergency Solutions Grants Program 4.2 24 CFR 58-The regulations prescribing the Environmental Review procedure. https://www.ecfr.gov/cgi-bin/text- idx?SlD=1 acdb92f3b05c3f285dd76c26d 14f54e&mc=true&node=pt24.1.58&rgn=div5 4.3 Section 104(d)and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended Section 109 of the HCD Act of 1974(HUD.gov/U.S. Department of Housing and Urban Development(HUD) Section 104(d)of the Housing and Community Development Act of 1974,as amended(see 42 USC 5304(d))- HUD Exchange 4.4 Title VI of the Civil Rights Act of 1964 as amended, https://www.hud.gov/programdescription/title6 Title VIII of the Civil Rights Act of 1968, as amended 4.5 24 CFR 576.407-The regulations issued pursuant to 24 CFR 5.105(a)and Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. eCFR:24 CFR 576.407--Other Federal requirements. eCFR: 24 CFR 5.105 --Other Federal requirements. 4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-I 1246/as-amended 4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972,42 USC §2000e,et.seq.The SUBRECIPIENT will,in all solicitations or advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it is an Equal Opportunity or Affirmative Action employer. Title VII of the Civil Rights Act of 1964 1 U.S. Equal Employment Opportunity Commission (eeoc.gov) 4.8 24 CFR 75 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 75, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25•OI Shelter Operations Page 27 16D7 assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. eCFR:: 24 CFR Part 75 -- Economic Opportunities for Low- and Very Low-Income Persons SUBRECiPiENT further agrees to comply with these "Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that,to the greatest extent feasible, opportunities for training and employment be given to low-and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." Section 3 requires 25 percent of the total labor hours must be worked by Section 3 workers and 5 percent of the total labor hours must be worked by Targeted Section 3 workers. If the SUBRECIPIENT is unable to meet these benchmarks,efforts taken to meet the requirements must be described. Examples include holding job fairs, conducting on-the-lob training, outreach efforts to public housing residents,and connecting residents to supportive services. SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation(including reduction and abatement of lead-based paint hazards),housing construction,or other public construction project are given to low-and very low- income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. https://www.hud.gov/sites/documents/DOC I2O47.PDF SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. https://www.ecfr.gov/current/title-24/subtitle-A/part-75 4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 https://www.law.cornell.edu/uscode/text/42/chaoter-76 11246: https://www.dol.gov/ofccp/regs/statutes/eo11246.htm 11375: Amended by EO 11478 11478: https://www.archives.gov/federal-register,'codification/executive-order/11478.htmI 12107:https://www,archi ves.gov/federal-register/cod ification/executive-order/12107.htm l 12O86:https://www.archives.gov/federal-register/cod ification/executive-order/12086.htm SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-Ol Shelter Operations Page 28 160 7 4.10 Equal access in accordance with the individual's gender identity in community planning and development programs, per 24 CFR 5.106. https://www.govregs.com/regulations/expand/title24 parts subpartA section5.106 4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.doLgov_Rvhd/reps/statutes/safe0 I_pdf 4.12 Section 504 of the Rehabilitation Act of 1973,29 USC 776(b)(5),and 24 CFR 570.614 Subpart K. Section 504: https://www.epa,gov/ocr 29 USC 776: https://law.onecle.com/uscode/29/776.htmI 24 CFR 570.614: https://www.law.cornell.edu/cfr/text/24/570.614 4.13 The Americans with Disabilities Act of 1990: https://www.hug.gov/program offices/fair housing equal opp Americans with Disabilities Act of 1990, As Amended I ADA.gov 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.federalregister.gov/documents/2024/05/03/2024-08736/uniform-relocation- assistance-and-real property-acquisition-for-federal-and-federally-assisted 4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be included in all construction contracts funded by ESG. Davis-Bacon Act: 42 USC 276a to 40 USC 276a: 40 U.S.C. 276a - https://www.govinfo.gov/app/details/USCODE-2001-title40/USCODE- 2001-tit!e40-chap3-sec276a/context 29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work Financed, in whole or in part, by Loans or Grants from the United States https://www.law.cornell.edu/cfritext/29/part-3 29 CFR Part 5 - Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject to the Contract Work Hours and Safety Standards Act) https://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914 - Prohibits discrimination with respect to the handicapped, in federally assisted projects. https://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 As a supplement to the Davis-Bacon Act requirements,the SUBRECIPIENT agrees to comply with the "Copeland Anti-Kickback Act," which prohibits the SUBRECIPIENT, its contractors, or subcontractors from inducing an employee to relinquish any part of his/her compensation, under the Federally Funded contract. 18 U.S.C. 874 https://www.govinfo.gov/content/pkg/USCODE-2010-titleI 8/pdf/USCODE-2010- title18.pdf SHELTER FOR ABUSED WOMEND AND CHILDREN.INC'. ES25.Ol Shelter Operations Page 29 ICAO 16D7 40 U.S.C. 276c https://www.govinfo.gov/app/details/USCODE-2001-tit1e40/USCOD.E- 2001-title40-chap3-sec276a/context 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 ESG Grant Contracts. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise. https://www.archives.gov/federal-register/codification/executive-order/1 1625.htm I 4.18 SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 576.407, as revised by Executive Order 13279.The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. 24 CFR 576.407: https://www.ecfr.gov/cgi-bin/text- idx?c=ecfr;s id=dc4c2 f 93 cdad f089743 15 fa2 bfd f4cec;rgn=d iv5;view=text;node=24%3 A3.I.1.3.8;i dno=24:cc=ecfr E.O. 13279: http://www.fedgovcontracts.com/pe02-96.htm 4.19 Public Law 100-430-the Fair Housing Amendments Act of 1988. STATUTE-102-Pg 1619.pdf(govinfo.gov) 4.20 The Fair Housing Act(42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF https://www.justice.gov/crt/fair-housing-act-1 Executive Order 11063 —Equal Opportunity in Housing https://www.archives.gov/federal- register/codification/executive-order/11063.html Executive Order 11259- Leadership& Coordination of Fair Housing in Federal Programs https://www.archives.gov/federal-register/cod ification/executive-order/12259.htm 1 24 CFR Part 107-Non- Discrimination and Equal Opportunity in Housing under E.O. https://www.law.comell.eduicfr/text/24/part-107 4.21 2 CFR 200 et seq - Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agreements. https://www.ecfr.gov/cgi-hin/text-idx?tpl=/ecfrbrowse/Title02/2cn•200 main_02.tpl 4.22 2 CFR 200.15 Never contract with the enemy. Federal agencies, recipients, and subrecipients are subject to the guidance implementing Never Contract with the Enemy in 2 CFR part 183. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-l1/part-200/subpart-C/section-200.2 15 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-1/part-183 4.23 2 CFR 216 — Prohibition on certain telecommunications and video surveillance services or equipment. COUNTY and SUBRECIPIENT are prohibited from obligating or expending loan or grant funds to: 1)procure or obtain funds; 2)extend or renew a contract to procure or obtain;or 3) enter into an contract(or extend or renew a contract)to procure or obtain equipment, services, or systems that use(s)covered telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part of any system. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25.01 Shelter Operations Page 30 CAP 1607 4.24 Immigration Reform and Control Act of 1986 https://www.eeoc.govieeoc/history/35th/thelaw/irca.html 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401,et seq. https://www.govinfo.gov/content/pkg/USCODE- 2010-title42/htm l/U SCODE-2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85 b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended. https://www.govinfo.gov/content/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33- chap26.pdf https://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforce ment/resource-can nervation-and-recovery-act-rcra-and-federa I- facilities https://ww-w.law.cornell.edu/cfr/text/40/247.1. 4.27 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002), the SUBRECIPIENT shall assure that for activities located in an area identified by FEMA as having special flood hazards,flood insurance under the National Flood Insurance Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA) may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost of said flood insurance. https://www.law.comell.edu/cfritext/24/570.605 4.28 SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to the I-IUD Lead-Based Paint Poisoning Prevention Act, found at 24 CFR 570.608, Subpart K. Lead-Based Paint- HUD Exchange 4.29 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. h tt ps://www.ach p.gov/sites/default/files/regulations/2017-02/regs-rev04.pdf In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal,State or Local historic property list. 4.30 SUBRECIPIENT must certify that it will provide drug-free workplaces, in accordance with the Drug-Free Workplace Act of 1988 (41 USC 701). https://www.gpo.gov/fdsys/granule/USCODE-2009-title41/USCODE-2009-title41-chap 10- sec701 4.31 SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this SHELTER FOR ABUSED WOME.ND AND CHILDREN.INC. E525-01 Shelter Operations Page 31 ,, 1607 transaction by any Federal Department or agency; and, that SUBRECIPIENT shall not knowingly enter into any lower tier contract. or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction as outlined in Executive order 12549. Imps://www.arch ives.gov/federal-register/cod if ication/executive-order/12549.htm 1 4.32 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. 4.33 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall be submitted to the COUNTY nine(9)months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty(180)days after the end of the SUBRECIPIENT's fiscal year. Per 2 CFR 200.344, if this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. eCFR :: 2 CFR Part 200 Subpart F -- Audit Requirements 4.34 Any real property acquired by SUBRECIPIENT for carrying out the projects stated herein and approved by the COUNTY, in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions on use and disposition of property. A displaced person must be advised of his or her rights under the Fair Housing Act(42 U.S.C. 3601 et seq.).This policy does not require providing a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling(See 49 CFR 24.505(c)(2)(ii)(D). https://www.federalregister.gov/documents/2024/05/03/2024-08736/uniform-relocation- assistance-and-real-property-acquisition-for-federal-and-federal ly-assisted https://www.gpo.gov/fdsys/granule/CFR-2009-title49-vol 1/CFR-2009-title49-vol 1-part24 4.35 No Federally appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds, other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-OI Shelter Operations Page 32 CA 16D7 4.36 SUBRECIPIENT agrees that no funds provided, nor personnel employed under the Agreement shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act). https://www.gpo.gov/fdsys/granule/USCODE-2009-title4l/USCODE-2009-title41-chap 10- sec 70 l/content-detail.htm l 4.37 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. https://www.gsa.gov/portal/content/104877 4.38 Housing Counseling,including homeownership counseling or rental housing counseling,as defined in §5.100,required under or provided in connection with any program administered by HUD shall be provided only by organizations and counselors certified by the Secretary under 24 CFR part 214 to provide housing counseling,consistent with 12 U.S.C. 1701 x, per 24 CFR 5.111. eCFR: 24 CFR Part 214 Subpart D-- Program Administration https://www.law.cornell.edu/cfr/text/24/5.111 4.39 Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/20 1 6/1 2/20/20 1 6-3 024 1/runaway-and-homeless- vouth 4.40 HUD Final Rule—Implementation of the Violence Against Women Reauthorization Act of 2013 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex,gender identity,or sexual orientation,and which must be applied consistent with all nondiscrimination and fair housing requirements. https://www.federalregister.gov/documents/2016/1 I/16/2016-25888/violence-against-wom en- reauthorization-act-of-2013-implementation-in-hud-housing-programs 4.41 Any rule or regulation determined to be applicable by HUD. 4.42 Limited English Proficiency: SUBRECIPIENT agrees to take reasonable steps to provide meaningful access to the program/project and activities funded under this Agreement for persons with limited English proficiency pursuant to information located at http://www.lep.gov. 4.43 Equal Treatment of Faith-Based Organizations: By regulation, HUD prohibits all recipient organizations from using financial assistance from HUD to fund explicitly religious activities. SUBRECIPIENT agrees to avoid such prohibited conduct. For more information, see https)/oip.gov/about/ocr/partnerships.htm. Discrimination based on religion in employment is generally prohibited by federal law, but the Religious Freedom Restoration Act is interpreted on a case-by-case basis to allow some faith-based organizations to receive HUD funds while taking into -- -_ --1--- _ _ _ .. - - - SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-0I Shelter Operations Page 33 CAO 16Q7 account religion when hiring staff. Questions in this regard should be directed to the Office for Civil Rights. A. Organizations that are religious or faith-based are eligible, on the same basis as any other organization, to participate in ESG. B. The Subrecipient may not engage in inherently religious activities, such as worship, religious instruction,or proselytization as part of the programs or services funded under ESG. If the Subrecipient conducts such activities, the activities must be offered separately, in time or location, from the programs or services funded under ESG, and participation must be voluntary for the program participants. C. A religious Subrecipient that receives ESG funding will retain its independence from Federal, State, and local governments, and may continue to carry out its mission, including the definition,practice, and expression of its religious beliefs, provided that it does not use direct ESG funds to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith-based Subrecipients may use space in their facilities to provide ESG funded services,without removing religious art, icons, scriptures, or other religious symbols. In addition, a Subrecipient retains its authority over its internal governance, and it may retain religious terms in its name, select its board members on a religious basis, and include religious references in its mission statements and other governing documents. D. The Subrecipient that participates in ESG shall not, in providing program assistance, discriminate against a program participant or prospective program participant on the basis of religion or religious belief. E. If the Subrecipient voluntarily contributes its own funds to supplement federally funded activities,the Subrecipient has the option to segregate the federal funds or commingle them. However, if the funds are commingled,the requirements listed above apply to all of the commingled funds. 4.44 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction records in the employment context,except when specifically authorized. SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion that may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination unless use is otherwise specifically authorized by law. See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory.pdf for more details. 4.45 Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352): SUBRECIPIENT will not use and has not used federal appropriated funds to pay at any tier, either directly or indirectly, any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any federal contract,grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with nonfederal funds that takes place in connection with obtaining any federal award or subaward. Such disclosures are forwarded from tier to tier up to the recipient. SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees and its subcontractors hereunder comply with all applicable local,state,and federal laws and regulations governing advocacy of and appearances before any legislative body. None of the funds provided under this Agreement shall be used for publicity or propaganda purposes designed to support or defeat any legislation pending before local,state,or federal legislatures. SHELTER FOR ABUSED)WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page 34 CAO 1607 31 U.S.C. 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions - Document in Context - USCODE-2010-title3l-subtitlell-chap13- subchaplIi-sec1352(govinfo.gov) 31 U.S. Code § 1352 - Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions 1 U.S. Code J US Law 1 LII / Legal Information Institute (cornell.edu) 4.46 False Claim;Criminal,or Civil Violation: SUBRECIPIENT must promptly refer to COUNTY any credible evidence that a principal, employee,agent,contractor, subgrantee, subcontractor, or other person has either (i) submitted a false claim for grant funds under the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward agreement funds. 18 U.S. Code § 1001 - Statements or entries generally I U.S.Code.]US Law I LII/Legal information Institute(cornell.edu) Beneficiaries are subject to this False Claims Act that include the following:31 U.S.C.3729-False claims - Document in Context - USCODE-2010-title31-subtitlel.11-chap37-subchaplll-sec3729 (govinfo.gov) 31 U.S. Code § 3729 - False claims i U.S. Code I US Law j LII / Legal Information Institute (cornell.edu) 4.47 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. 4.48 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), HUD encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by HUD and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 4.49 Trafficking in Persons: SUBRECIPIENT agrees to, at any tier, comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of the SUBRECIPIENT and any of its employees. The details of SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of persons are posted at: https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm. Pursuant to Florida Statues 787.06, SUBRECIPIENT attests that it does not use coercion for labor or services. SUBRECIPIENT shall provide an affidavit, under penalty of perjury, signed by an officer or representative of the organization attesting that it does not use coercion for labor services. SHELTER FOR ABUSED WOMEN!)AND CHILDREN.INC. ES25-Oi Shelter Operations Pave 35 AO 16D7 http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0700- 0799/0787/Sections/0787.06.html 4.50 Association of Community Organizations for Reform Now (ACORN): SUBRECIPIENT understands and acknowledges that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either ACORN or its subsidiaries, without the express prior written approval of O.IP. 4.51 if SUBRECIPIENT wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment, or performance of experimental, developmental, or research work under this funding agreement, SUBRECIPIENT must comply with the requirements of 37 CFR Part 401,"Rights of inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative Agreements," and any implementing regulations issued by iUD. https://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a7I 7de76I dc64c0&mc=true&n=pt37.1.401&r =PART&tv=HTML 4.52 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 Ill, Florida Statutes, Collier County Ethics Ordinance No.2004-05, as amended,and County Administrative Procedure 5311. Florida Statutes- Imps://www.lawserver.com/law/state/florida/statutes/florida_statutes_chapter_I 12_part_i i i Collier County- http://www.colliergov.net/home/showdocument?id=3 5137 4.53 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 terns of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.54 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). 4.55 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 SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-0 I Shelter Operations Page 36 "ACC 1607 hereunder, the other party may obtain a court order requiring mediation under section 44.102, Florida Statutes.The litigation arising out of this Agreement shall be adjudicated in Collier County, Florida, if in state court and the US District Court, Middle District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CiVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. haps://www.fisenate,gov/Laws/Statutes/2012/4.4.102 4.56 As provided in§287.133, Florida Statutes,by entering into this Agreement or performing any work in furtherance hereof. SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by § 287.133 (3)(a), Florida Statutes. http:/hvww.leg.state.fl.us/Statutes/index.cftn?App mode=Display Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 4.57 Florida Statutes section 448,095 Employment Eligibility. Per Florida Statutes section 448.095(3), all Florida private employers are required to verify employment eligibility for all new hires beginning January 1,2021. Eligibility determination is not required for continuing employees hired prior to January 1,2021. http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display Statute&URL=0400- 0499/0448/0448.html For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the SUBRECIPIENT shall participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify(and follows the proper E-Verify procedures, including in the event of a "Tentative Non- confirmation"or a"Final Non-confirmation")to confirm employment eligibility for each hiring for a position in the United States that is or will be funded(in whole or in part)with award funds. Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https:J/www.e-verifv.gov/) or email E-Verify at E-Verifyc?i dhs.gov. E- Verify employer agents can email E-Verify at E-VerifyEmployerAgent@dhs.gov. 4.58 Florida Statutes section 713.20, Part 1,Construction Liens https://www.leg.state.fl.us/Statutes/index.cfrn?App mode=Display Statute&URL=0700- 0799/0713/0713.html 4.59 Florida Statutes section 119.021 Records Retention http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display 5tatute&URL=0100- 0199/0119/Sections/0119.021.htm 1 4.60 Florida Statutes section 119.071, Contracts and Public Records http://vwvw.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.071.htm l 4.61 OSHA. Where SUBRECIPIENT employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be SHELTER FOR ABUSED WOMEND AND C'HiLDREN,INC ES25-0 I Shelter Operations Page 37 • C',A "' 16D7 trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous,or dangerous to the participant's health or safety. 4.62 Right to Know. Participants employed or trained for inherently dangerous occupations,e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices. The SUBRECIPIENT will comply with all applicable"Right to Know"Acts. 4.63 Whistleblower Protections: a. In accordance with 2 CFR 200.217 and 41 U.S.C. § 4712, the SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate,discover,or address misconduct. The SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 2 CFR 200.217 and 41 U.S.C. 4712, in the predominant native language of the workforce. https://uscode.house.gov/view.xhtml?req=(title:4I%20section:4712%20edition:prelim) All SUBRECIPIENT employees directly involved with activities associated with this Agreement shall complete and submit to the COUNTY the Collier County Whistleblower Protections Certification form (Exhibit J) prior to execution of this Agreement. Any new employees hired during the period of performance of this Agreement shall also complete and submit the form to the COUNTY. REVISIONS TO CERTIFICATIONS AND TERMS AND CONDITIONS. The Federal government has not fully developed the regulations and implementing instructions of the Emergency Solutions Grant Program. The current regulations and guidance for the ESG program is based upon the Interim Rule dated Monday, December 5, 2011 [Docket No. FR-5474-1-01]. The SUBRECIPIENT acknowledges that these certifications and the terms and conditions contained herein may be revised pursuant to ongoing guidance from the relevant Federal agency or the COUNTY regarding requirements for ESG funds. The SUBRECIPIENT agrees to abide by any such revisions upon receipt of written notification from the COUNTY of the revisions,which will automatically become a material part of this Agreement, without the necessity of either party executing any further instrument. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-Ol Shelter Operations Page 38 CAC} 16D7 ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between COUNTY and SUBRECIPIENT for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between COUNTY and SUBRECIPIENT with respect to this Agreement. Signature Page to Follow SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-0 I Shelter Operations Page 39 CAO 16D7 IN WITNESS WHEREOF, the SUBRECIPIENT and COUNTY, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTEST: AS TO COUNTY: CRYSTAL K. KINZEL,CLERK BOARD OF COUNTY COMMISSIONERS r,1 4 C.n COLLIER COUNTY, FLORIDA 6-'0'. '' " • • _.:t. 1:1.k-_kl‘ ° � ., eputy Clerk T' i' '. ' Attest k to Chairman By: L. S S 1-lIRPERSON C 1 i ,_: II 'Ire only I)a 6d. tt),",�," u- .) 2 , A•). r • +,".,- Date: Io/1 yt25 AS TO SUBRECIPIENT: WITNESSES: THE SHELTER FOR ABUSED WOMEN AND Al ... AI CHILDREN, INC. itness#1 Sig . Y1 i r M-GI '-i l By: Wi ness#1 Printed Name LINDA OBERHAUS,CHIEF EXECUTIVE OFFICER a, fitness#2 Signature l Date: /`' /Y/ 2--S A2.1e-- d-a ceu c Witness#2 Printed Name [Please provide evidence of signing authority] Approved as to form and legality: 4., Cei. ---POZ. -r•—____, Courtney L. DaSilva Assistant County Attorney Date: 1!a /iu r1 SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. —^ ES25-01 Shelter Operations Page 40 CAO 1607 EXHIBIT A INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County Board of County Commissioners, c/o Community and Human Services Division, 3339 Tamiami Trail East, Suite 213, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County Board of County Commissioners shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two(2)years after the Certificate of Occupancy is issued. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk"basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s)or structure(s). The policy shall be in the name of Collier County Board of County Commissioners and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973(42 U.S.C.4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency(FEMA)as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-0 I Shelter Operations Page 41 CAO 16D7 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County Board of County Commissioners must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County Board of County Commissioners 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 Board of County Commissioners as a Loss Payee with respect to this coverage A.T.I.M.A. SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-O I Shelter Operations Page 42 CM) 16D ? EXHIBIT B COLLIER COUNTY COMMUNITY& HUMAN SERVICES SECTION I: REQUEST FOR PAYMENT SUBRECIPIENT Name: The Shelter for Abused Women&Children, inc. SUBRECIPIENT Address: P.O. Box 10102,Naples, FL 34101 Project Name: Shelter Operations Project No: ES25-0 1 _ Payment Request# Total Payment Minus Retainage: Period of Availability: October 1,2025,through September 30, 2026 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS Subrecipient CHS Approved 1. Grant Amount Awarded $65,000.00 $ 2. Total Amount of Previous Requests $ $ 3. Amount of Today's Request(Total expenditures $ $ this period minus retainage, if applicable) 4. Current Grant Balance (Grant Amount minus $ $ previous requests minus today's request) By signing this report, I certify to the best of my knowledge and belief that the information contained in this report is true,complete and accurate. I am aware that any false, fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise (U.S. Code Title 18, Sections 2, 1001, 1343 and Title 31, Sections 3729-3730 and 3801-3812). Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor(Approval required $14,999 and Division Director(Approval Required below) $15,000 and above) SHELTER FOR ABUSED WOMEN!)AND CHILDREN,INC. ES25-0I Shelter Operations Page 43 CAO i607 EXHIBIT B-1 Cost Sharing Form Subrecipient Cost Sharing Submittal SECTION I: COST SHARING SUBMISSION Subrecipient Name: The Shelter for Abused Women &Children, Inc. Subrecipient Address: P.O. Box 10102 Naples, FL 34101 Projct Name: Shelter Operations Project No: ES25-01 Cost Sharing Submission#: Cost Sharing Amount Submitted Today: $0.00 SECTION I: STATUS OF FUNDS I. Total Cost Sharing Amount Required per Agreement $65,000.00 2. Total Amount of Previous Cost Sharing Submitted $0.00 (Insert Amount) 3. Total Cost Sharing Amount Awarded Per Agreement $0.00 Less Total Amount of Previous Cost Sharing Submitted 4. Amount of Today's Cost Sharing Submission(Insert $0.00 Amount) 5. Cost Sharing Balance(Cost Sharing per Agreement $0.00 less the Sum of All Cost Sharing Submitted) I cert 'that this Cost Sharing Submittal has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief all grant requirements have been followed Signature Date Title Authorizing Grant Coordinator Signature Authorizing Grant Accountant Signature Supervisor Signature Department Director Signature SHELTER FOR ABUSED WOMEND AND CH!LDREN.INC. ES25-01 Shelter Operations Pane 44 CAO 16Q7 EXHIBIT C Emergency Solutions Grants(ESG) Quarterly Performance Report Subrecipient Name: The Shelter for Abused Women& Children, Inc. Report Period: Fiscal Year: Contract/Project Number: ES25-0I Organization/s: The Shelter for Abused Women&Children, Inc. • Project Name: Shelter U erations Contact Name: Contact Number: Activity Reporting Period Report Due Date October 151—December 3 Is' January 10'I' • January Is'—March 315t April 10'1' April 1"—June 30i1' July 10t1i July 1st—September 30'h October 10t1' Characteristics Report 1. Report Selection Criteria Ethnicity Quarter YTD Non- Non- Race Hispanic Hispanic Hispanic Hispanic White Black/African American Asian American Indian/Alaskan Native Native Hawaiian/Other Pacific Islander Other/Multi-Racial 2. Number of adults and children served: a. Residential Quarter YTD Number of Adults Number of Children Number of Unknown Age b. Non-Residential Number of Adults Number of Children _ Number of Unknown Age SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-01 Shelter Operations Page 45 t'ti:r +tt..i R ._T 160 7 3. _Number of individuals/families served, by categories: �( uarter YTD a. Number of individual households Male Female Male Female sin les) Unaccom anied 18 and over Unaccompanied 17 and under Quarter _ YTD b. Number of Families with children Male Female Male _Female Headed b sin le 18 and over Headed by single 17 and under Headed b two arents 18 and over _ Headed by two parents 17 and under Number of Families with no children TOTAL 4._ Total project(s)/service(s)provided to clients in range: _ Quarter YTD a. emer enc shelter facilities shelter b. vouchers for shelters c.drop-in center d. food pantry e. mental health f. alcohol/dru childcare h. employment _ i.transitional _ j, outreach _ k. soup kitchen/meal distribution I. health care in. HIV/AIDS services n. other(please list) TOTAL S. Number of clients served by sub population (duplicated count): _ Quarter YTD a.Chronically Homeless b. Victims of Domestic Violence c. Elderly —d. Veterans e. Individuals with HIV/AIDS f. Chronic Substance Abuse(alcohol and/or drug) g. Severely Mentally 111 h. Runaway/throwaway youth i. Other disability(Physical and/or Developmental) TOTAL (Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling,condition who has either: 1) been continuously homeless for a year a more, or 2) has had at least four episodes of homelessness in the past three years.) SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. . ES25-n l Shelter Operations Page 46 CAO I _ 16 D 6. Clients housed by shelter type: Quarter i YTD Barracks Group/Large House Scattered Site A.artment Single Famil ' Detached House Sin le Room Occu)anc Mobile Home/Trailer Hotel/Motel Other Apartment/Complex Other Single-Family Duplex Other TOTAL I hereby certify the above information is true and accurate. Signature: Date: Printed Name; Title: Your typed name here represents your electronic signature. SHELTER FOR ABUSED WOMEN!)AND CHILDREN.INC. ES25-0I Shelter Operations NEW 47 ,i: t 16D EXHIBIT D ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding the organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name The Shelter for Abused Women & Children,Inc. First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during most during most recently completed Fiscal Year recently completed Fiscal Year Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and J-- a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by .Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above n ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the inde endent auditor's many ement 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 n report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-01 Shelter Operations Page 4R CAO 160 ? EXHIBIT E EMERGENCY SHELTERS Minimum Standards The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Emergency Shelters,as applicable: 24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions Grant(ESG)funds are used for conversion,major rehabilitation,or other renovations,must meet State or Local government safety and sanitation standards,as applicable,and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety,sanitation,and privacy standards. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials.The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation(including major rehabilitation and conversion)carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access.The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8;the Fair Housing Act (42 U.S.C. 360,et seq.)and implementing regulations at 24 CFR part 100; and Title I1 of the Americans with Disabilities Act(42 U.S.C. 12131,et. Seq.)and 28 CFR part 35;where applicable. (3) Space and security. Except where the shelter is intended for day use only,the shelter must provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private,and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare,and serve food in a safe and sanitary manner. (I 0) Sanitary conditions.The shelter must be maintained in a sanitary condition. (I 1) Fire safety. There must be at least one working smoke detector in each occupied unit of the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm system must be designed for hearing-impaired residents. All public areas of the shelter must have at least one working smoke detector.There must also be a second means of exiting the building in the event of fire or other emergency. SHELTER FOR ABUSED WOMEN!)AND CHILDREN.INC. ES25-01 Shelter Operations Page 49 I6D7 EXHIBIT F PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing,as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials.The structures must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. (2) Space and security. Each resident must be provided adequate space and security for themselves and their belongings. Each resident must be provided an acceptable place to sleep. (3) Interior air quality. Each room or space must have a natural or mechanical means of ventilation.The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (4) Water supply. The water supply must be free of contamination. (5) Sanitary facilities. Residents must have access to sanitary facilities that are in proper operating condition,are private,and are adequate for personal cleanliness and the disposal of human waste. (6) Thermal environment. The housing must have any necessary heating/cooling facilities in proper operating condition. (7) Illumination and electricity. The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure. (8) Food preparation. All food preparation areas must contain suitable space and equipment to store, prepare,and serve food in a safe and sanitary manner. (9) Sanitary conditions.The housing must be maintained in a sanitary condition. (10) Fire Safety. There must be a second means of exiting the building in the event of fire or other emergency. Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located,to the extent practicable,in a hallway adjacent to a bedroom.If the unit is occupied by hearing impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person. The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors. Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways,stairwells, and other common areas. SHELTER FOR ABUSED WOME.ND AND CI IIr.DR1:N.INC. ES25-01 Shelter Operations fags 50 I , EXHIBIT G COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS The SUBRECIPIENT must adhere to 24 CFR 576.400 and coordinate with the Continuum of Care and other programs. (a) Consultation with the Continuum of Care. The SUBRECIPIENT and COUNTY must consult with the Continuum of Care to determine how to allocate ESG funds each program year; develop the performance standards for, and evaluate the outcomes of, projects and activities assisted by ESG funds;and develop funding,policies,and procedures for the administration and operation of the HMIS. (b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness for that area. These programs include: (1) Shelter Plus Care Program (24 CFR part 582) (2) Supportive Housing Program (24 CFR part 583) (3) Section 8 Moderate Rehabilitation Program for Single Room Occupancy Program for Homeless Individuals(24 CFR part 882) (4) HUD-Veterans Affairs Supportive Housing (HUD—VASH) (division K, title II. Consolidated Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008)) (5) Education for Homeless Children and Youth Grants for State and Local Activities(title VII-- B of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq.)) (6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act(42 U.S.C. 290aa-5) (7) Healthcare for the Homeless(42 CFR part 5Ic) (8) Programs for Runaway and I lomeless Youth(Runaway and Homeless Youth Act(42 U.S.C. 5701 et seq.)) (9) Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act(42 U.S.C. 290cc-21 et seq.)) (10) Services in Supportive Housing Grants(section 52OA of the Public Health Service Act) (11) Emergency Food and Shelter Program (title Ill of the McKinney-Vento Homeless Assistance Act(42 U.S.C. 11331 et seq.)) (12) Transitional Housing Assistance Grants for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act (42 U.S.C. 13975)) (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C. 2021)) (14) Domiciliary Care for Homeless Veterans Program (38 U.S.C.2043) (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61) (16) Health Care for Homeless Veterans Program (38 U.S.C. 2031) (17) Homeless Veterans Dental Program(38 U.S.C. 2062) (18) Supportive Services for Veteran Families Program (38 CFR part 62) (19) Veteran Justice Outreach Initiative(38 U.S.C.2031) SHELTER FOR ABUSED WOMEND AND CHILDREN.INC. ES25-OI Shelter Operations Page 51 16Ds (c) System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with mainstream housing, health, social services, employment, education, and youth programs for which families and individuals at risk of homelessness and homeless individuals and families may be eligible. Examples of these programs include: (1) Public housing programs assisted under Section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g)(24 CFR parts 905,968,and 990) (2) Housing programs receiving tenant-based or project-based assistance under Section 8 of the U.S. Housing Act of 1937(42 U.S.C. 1437f)(respectively 24 CFR parts 982 and 983) (3) Supportive Housing for Persons with Disabilities(Section 811)(24 CFR part 891) (4) HOME investment Partnerships Program (24 CFR part 92) (5) Temporary Assistance for Needy Families(TANF)(45 CFR parts 260-265) (6) Health Center Program (42 CFR part 51 c) (7) State Children's Health Insurance Program(42 CFR part 457) (8) Head Start(45 CFR chapter XIIi, subchapter B) (9) Mental Health and Substance Abuse Block Grants(45 CFR part 96) (10) Services funded under the Workforce Investment Act(29 U.S.C. 2801 et seq.) (d) Centralized or coordinated assessment. Once the Continuum of Care has developed a centralized assessment system or a coordinated assessment system in accordance with requirements to be established by HUD,each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment, and referral of program participants is consistent with the written standards required by paragraph(e)of this section.A victim service provider may choose not to use the Continuum of Care's centralized or coordinated assessment system. (c) Written standards for providing ESG assistance. The SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum,these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG. (2) Standards for targeting and providing essential services related to street outreach, (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest. (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families'needs for essential services related to emergency shelter. (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable). (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page 52 CAO 160 7 (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance. (8) Standards for determining how long a program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time. (9) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services to provide a program participant, including the limits, if any, on the homelessness prevention or rapid re-housing assistance that each program participant may receive; such as the maximum amount of assistance, maximum number of months the program participant receives assistance, or the maximum number of times the program participant may receive assistance. (f) Participation in HMIS or Comparable System. The SUBRECIPIENT must ensure that data on all persons served,and all activities assisted under ESG are entered into the applicable community wide HMIS or a comparable database,in accordance with HUD's standards on participation,data collection, and reporting under a local HMIS. If the SUBRECIPIENT is a victim service provider or a legal services provider, it may use a comparable database that collects client-level data over time (i.e., longitudinal data)and generates unduplicated aggregate reports based on the data.Information entered in a comparable database must not be entered directly into or provided to an HMIS. SHELTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-01 Shelter Operations Page 33 Collier County 6 D 7 Community & Human Services Division EXHIBIT H INCIDENT REPORT FORM 1 Organization Name: The Shelter for Abused Women & Children, Inc. Organization Address: P.O. Box 10102 Naples, FL 34101 Project No: ES25-01 Grant Coordinator: Adrienne Meijer Date of Incident Time of Incident: Report Submitted By: (Name& Phone) Description of Incident: Location/Address of Incident: Was Police Report Filed? ❑ Yes ❑ No If Yes, Police Report Jurisdiction: Number: Were there any warning signs that this type of Incident could occur? ❑ Yes ❑ No If Yes, Explain: What actions will be taken to prevent a recurrence of a similar incident? I certify under penalty of perjury under F.S. 837.06 that the contents of this form are true and correct. Signature of Person Making Report Date Printed Name Title Return completed form to: Kristi Sonntag,Director,CHS Collier County Community and Human Services Division 3339 Tamiami Trail East, Bldg. H,Suite 213 CAO Naples, FL 34112 Fax: (239)252-2638 I 6 D _ --T- 0 ..L._ 0 O — •— .0 ,... . cz. 0 0 . :::. .., O ccs, 2 O 0.. :.— ,,:$ CC "0 t) 0 0 , LT.1• g G >, >o C.) ...., g = C.) 0 tl) -,..- s-, , CO g ...... C4 Z 0 ;X•4 CC >" rt O ...c2 z ,...., w o'n '-' t. o o ca;• 4 -cl CC O o 0 c...) g 44 .4 C) 04 6 0 o (...) — d o E = .9. ,... C..) cri c) 023 o ,-; = 0 E C4 Ta = os. ••-• 0 -o 72, S Ts e• 4., V..1 G.) V) I- < c ,.., C'.1 t.j 'i I , 0 V.-0-, 0 C.) Z - Z ..4 T) 8 0 - •0 ce o :4-, ._. : = o e‘t -z ..c tip o-4-. E- c.t.: c., el < CI bi VI '- ..Y. tl../ 0 , °" '0 ... 'ES "0 i.:, 0 0 E 0 'ICJ R '-rj cZ .-' '-.0 `7 < .&— .— .E4 o.Z Z -6 — = ,.., .... (C V) V) a- a. C CD u- =-.2 f•A 7., ..__ . 1 60 7 EXHIBIT J COLLIER COUNTY COMMUNITY & HUMAN SERVICES WHISTLEBLOWER PROTECTIONS CERTIFICATION SUBRECIPIENT Name: The Shelter for the Abused Women& Children, Inc. SUBRECIPIENT Address: P.O. Box 10102 Project Name: Shelter Operations Project No: ES25-01 In accordance with 2 CFR 200.217 and 41 U.S.C. 4712. SUBRECIPIENT may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grants,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal contract (including the competition for or negotiation of a contract)or grant. The list of persons and entities referenced in the paragraph above includes the following: • A member of Congress or a representative of a committee of Congress • An Inspector General • The Government Accountability Office • A Treasury employee responsible for contract or grant oversight or management • An authorized official of the Department of Justice or other law enforcement agency • A court or grand jury • A management official or other employee of SUBRECIPIENT, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct SUBRECIPIENT shall inform its employees in writing of whistleblower rights and remedies provided under section 41 U.S.C. § 4712, in the predominant native language of the workforce. By signing this form. I certify that The Shelter for Abused Women and Children will comply with all Whistleblower rights and protections for its employees. Name: Signature: Title: Your typed name here represents your electronic signature SI IE?LTTER FOR ABUSED WOMEND AND CHILDREN,INC. ES25-0 I Shelter Operations Page 56