Agenda 06/14/2016 Item #16D16 6/14/2016 16.D.16.
EXECUTIVE SUMMARY
Recommendation to approve First Amendment to the subrecipient agreement with The Shelter for
Abused Women and Children,Inc. and Collier County to commit balance of$36.40 to achieve 60%
mandatory allocation for shelter operations.
OBJECTIVE: To benefit homeless individuals who are victims of domestic violence to improve the
quality of life in Collier County.
CONSIDERATIONS: Collier County is the recipient of Emergency Solutions Grant (ESG) funds from
the United States Department of Housing and Urban Development (HUD) pursuant to the Homeless
Emergency Assistance and Rapid Transition to Housing (HEARTH) Act (24 CFR 576) amending the
McKinney-Vento Homeless Act (42 U.S.C. 11371-11378). ESG funds may be used to provide certain
activities to primarily benefit homeless individuals in Collier County.
On October 27, 2015, the Board approved an agreement with The Shelter for Abused Women and
Children (SAWCC) for personnel costs to support a security officer, utility costs and security systems
monitoring and maintenance activities to primarily benefit homeless individuals who are victims of
domestic violence with the use of ESG funds; to provide assistance to improve the quality of life in
Collier County(Agenda item 16D5).
There is a remaining balance of$36.40 due to a scrivener's error in the award amount in subrecipient
agreement. The proposed first amendment is to commit that remaining balance to achieve the 60%
allocation for shelter operating for the benefit of SAWCC. No more than 60% of the allocation may be
used for shelter operations.
FISCAL IMPACT: The proposed actions described in this executive summary have no new fiscal
impact. The funding source for the grant award is the Emergency Solutions Grant (ESG) Program. Funds
are available within Grant Fund 705,Project 33436.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval.-JAB
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further the Goals,Objectives and Policies within the Housing Element of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the First Amendment to the subrecipient agreement with The Shelter for Abused
Women and Children(SAWCC).
Prepared by: Jody Paley,Grants Coordinator,Community and Human Services
Attachments:
1. SAWCC First Amendment
2. SAWCC Grant Agreement
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.16.
Item Summary: Recommendation to approve First Amendment to the subrecipient
agreement with The Shelter for Abused Women and Children, Inc. and Collier County to commit
balance of$36.40 to achieve 60% mandatory allocation for shelter operations.
Meeting Date: 6/14/2016
Prepared By
Name: PaleyJody
Title: Grants Coordinator,Community&Human Services
5/12/2016 2:13:49 PM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: PaleyJody
5/12/2016 2:13:50 PM
Approved By
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 5/16/2016 4:31:07 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Community&Human Services
Date: 5/17/2016 5:58:20 PM
Name: LopezMaggie
Title: Supervisor-Accounting, Community&Human Services
Date: 5/17/2016 8:26:11 PM
Name:AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 5/18/2016 9:05:04 AM
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Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc,Community&Human Services
Date: 5/18/2016 11:52:10 PM
Name: CarnellSteve
Title:Department Head-Public Services,Public Services Department
Date: 5/20/2016 3:51:43 PM
Name: RobinsonErica
Title:Accountant, Senior,Grants Management Office
Date: 5/23/2016 12:00:15 PM
Name: BelpedioJennifer
Title:Assistant County Attorney, CAO General Services
Date: 5/23/2016 3:35:21 PM
Name:KlatzkowJeff
Title: County Attorney,
Date: 5/25/2016 1:04:10 PM
Name: StanleyTherese
Title:Manager-Grants Compliance, Grants Management Office
Date: 5/26/2016 4:51:20 PM
Name: CasalanguidaNick
Title: Deputy County Manager,County Managers Office
Date: 6/5/2016 9:47:18 AM
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FAIN#-E-15-UC-12-0024E
Federal Award Date : 10/2015
Federal Award Agency: HUD
CFDA Name: Emergency Solutions
Grant
CFDA/CSFA#- 14.231
Total Amount of Federal Funds
Awarded: $108448$108,284.40
Subrecipient—The Shelter for Abused
Women and Children,Inc.
DUNS#-836680769
IDIS#ESG15-01
FEIN#-59-2752895
Indirect Cost Rate: No
R&D:No
Period of Performance: 11/1/2015-
09/30/2016
FY End 06/30
Monitoring Deadline 11/2016
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN AND CHILDREN,INC.
THIS AMENDMENT is made and entered into this day of ,2016, by
and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "THE SHELTER FOR ABUSED
WOMEN AND CHILDREN, INC.", a private not-for-profit corporation existing under the laws of the State
of Florida,having its principal office at P.O.Box 10102,Naples,FL 34101.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant
program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid
Transition to Housing(HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C.
11371-11378); and
WHEREAS, pursuant to the aforesaid agreement, 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 approved the Collier County
Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2015-2016 for the ESG Program at the
August 11, 2013 absentia meeting-Agenda, ratified at the September 8, 2015 Board of County Commissioners
meeting; and
•
WHEREAS, the parties desire to amend the Agreement to increase the funding amount to commit
remaining allocation.
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
* * *
III. AGREEMENT AMOUNT
The COUNTY agrees to make available e • - - -'• ! '-- ! .. - - - e -- • •'! • ' - -'' •
- . - ! e - - • :, ! : - :)ONE HUNDRED EIGHT THOUSAND TWO HUNDRED
EIGHTY FOUR DOLLARS and 40/100 ($108,284.40) for the use by the SUBRECIPIENT during the Term
of the Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts
included thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the
"Funds").
The budget identified for the Shelter Operations Project shall be as follows:
ESG Match Funds
Line Item Description ESG Funds (1:1)
Project Component One: $26,473.20
Personnel: 75% of 1FTE Security
Officer
Project Component Two: Utilities $78,274.80$78,311.20
which includes electric, phone &
interne, trash removal, and water
and sewer costs to operate the
shelter facility.
Project Component Three: Shelter $3,500
Operations: Security system
expenses
ESG Match Requirement Documentation of ESG $1.08,248$108,284.40
Eligible matching funds
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10% and does not signify a change in scope. Fund
shifts that exceed 10% of a project component shall only be made with board approval.
All services/activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or
partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request
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disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be
limited to the amount needed at the time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the
.erm of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when
requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if
Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no
later than 90 days after the end of the agreement. Work performed during the term of the program but not
invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed The
County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be authorized in
writing by formal letter to the Subrecipient.
No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable
local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70,Florida Statutes, otherwise known as the"Local Government Prompt Payment Act."
The following table details the project deliverables and payment schedule:
PAYMENT DELIVERABLES
Deliverable Payment-Supporting Documents Submission Schedule
Project Component One: funding will Upon invoicing using Exhibit B Monthly
assist with emergency shelter personnel will reimburse allowable expenses
support of a Security Coordinator with documentation including but
(including taxes). not limited to properly completed
invoice, timesheets, payroll,
Project Component Two: Utilities which banking, canceled checks, utility
includes electric, phone & internet, trash document(s), and any additional
removal, and water and sewer costs to supporting documentation as
operate the shelter facility. needed.
Project Component Three: Security
system expenses.
Final 10% ($10,821.80)
($10,828.441 released upon
documentation of a minimum of
150 persons served. Retainage will
be deducted from each invoice.
ESG Match Supporting Match documentation Monthly
from Thrift Shoppe Revenue
PROGRAM DELIVERABLES
Deliverable Program—Deliverable Supporting Submission Schedule
Documents
Creation and maintenance of income N/A Ongoing
eligibility files on clients served
Progress Reports Exhibit C Quarterly
Proof of Insurance Insurance Certificate Annually within 30
days of renewal
Affirmative Action Plan Plan Documents Within 60 days of
executed agreement
and updates submitted
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annually
Annual Audit Audit Report with Management 6/30 annually
Letter and Exhibit E
* * *
IN WITNESS WHEREOF,the Subrecipient and the County,have each,respectively,by an authorized person
or agent,hereunder set their hands and seals on the date first written above. •
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By:
,Deputy Clerk Donna Fiala,CHAIRMAN
Dated: '
(SEAL)
THE SHELTER FOR ABUSED WOMEN AND
CHILDREN,INC.
By:
Signature
Linda Oberhaus,Executive Director
Print Name,&Title
Approved as to form and legality:
Jennifer A.Belpedio P
Assistant County Attorney 05:7ry
�\ I
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FAIN# -E-15-UC-12-0024E
Federal Award Date : 10/2015
Federal Award Agency: HUD
CFDA Name: Emergency Solutions
Grant
CFDAICSFA#- 14.231
Total Amount of Federal Funds
Awarded: $108,248
Subrecipient—The Shelter for Abused
Women and Children,Inc.
DUNS#-836680769
IDIS#ESG15-01
FEIN#-59-2752895
Indirect Cost Rate: No
R&D: No
Period of Performance: 11/1/2015-
09/30/2016
FY End 06/30
Monitoring Deadline 11/2016
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN AND CHILDREN,INC.
THIS AGREEMENT is made and entered into this 2i -\- day of O o ew- , 2015, by
and between.Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having
its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "THE SHELTER FOR ABUSED
WOMEN AND CHILDREN, INC.", a private not-for-profit corporation existing under the laws of the State
of Florida,having its principal office at P.O.Box 10102,Naples,FL 34101.
WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant
program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid
Transition to Housing(HEARTH) Act (24 CFR 576) amending the McKinney-Vento Homeless Act (42 U.S.C.
11371-11378); and
WHEREAS, pursuant to the aforesaid agreement, 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 approved the Collier County
Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2015-2016 for the ESG Program at the
August 11, 2013 absentia meeting-Agenda, ratified at the September 8, 2015 Board of County Commissioners
meeting; and
Shelter for Abused Women&Children
..d15-16 ESG(ES 15-01)
Emergency Solutions Grant
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
lI. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Community and Human
Services (CHS),perform the tasks necessary to conduct the program as follows:
A. PROJECT DETAILS
Emergency Solutions Grant ESG Program
Project Component One: Personnel costs to support a Security Officer. The Security Officer
monitors the emergency shelter facility which is vital to daily operations. 75% of their 40 hour
week will be charged to the project.
Project Component Two: Utilities -includes electric,phone &internet,trash removal, insurance
cost necessary for the operation of the emergency shelter, security system expenses and water
and sewer costs to operate the shelter facility.
Project Component Three: Security systems' monthly monitoring and recurring and maintenance
expenses.
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
2. ESG Documentation Requirements Compliance Criteria
Activities carried out with funds provided under this Agreement will contribute to a
program designed to be the first step in a continuum of assistance to enable homeless
individuals and families to move toward independent living as well as prevent
homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21).
B. SPECIAL GRANT CONDITIONS
1. The Subrecipient must have the environmental requirement cleared by the CHS prior to the
incurrence of costs on activities that would limit the choice of reasonable alternatives.
2. The following resolutions and policies must be adopted by the Subrecipient's governing body
prior to the distribution of funds.
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a. Affirmative Fair Housing Policy
b. Affirmative Fair Housing Marketing Plan
c. Procurement Policy including Code of Conduct
d. Affirmative Action Plan
e. Conflict of Interest Policy
f. Fraud Policy
g. Equal Opportunity Policy
h. Residential Anti-displacement and Relocation Policy
i. Sexual Harassment Policy
j. Procedures for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968,as amended(12 U.S.C. 794 1 u)
k. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973, as amended(29 U.S.C. 794)
All services/activities funded with ESG funds must meet one of the ESG program components as
defined in 24 CFR 576:
• Street Outreach: funds may cover costs related to essential services for unsheltered persons
(including emergency health or mental health care, engagement, case management and services
for special populations.
• • Emergency Shelter: funds may be used for renovation of emergency shelter facilities and the
operation of those facilities, as well as services for the residents (including case management,
child care, education, employment assistance and job training, legal, mental health, substance
about 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).
II. PERIOD OF PERFORMANCE
Services/Activities of the SUBRECIPIENT shall start on the 1st day of November,2015 and end on the
30th day of September,2016.The services/activities of the SUBRECIPIENT shall be undertaken and
completed in light of the purposes of this Agreement. Any funds not obligated by the expiration date of this
Agreement shall automatically revert to the COUNTY.
III. AGREEMENT AMOUNT
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Emergency Solutions Grant
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(75\
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The COUNTY agrees to make available ONE HUNDRED EIGHT THOUSAND TWO HUNDRED
FORTY EIGHT DOLLARS ($108,248) for the use by the SUBRECIPIENT during the Term of the
Agreement (hereinafter, the aforestated amount including, without limitation, any additional amounts included
thereto as a result of a subsequent amendment(s) to the Agreement, shall be referred to as the"Funds").
The budget identified for the Shelter Operations Project shall be as follows:
ESG
Line Item Description ESG Funds Match
Funds
(1:1)
Project Component One: Personnel: 75% of $26,473.20
1FTE Security Officer
Project Component Two: Utilities which $78,274.80
includes electric, phone & internet, trash
removal, and water and sewer costs to
operate the shelter facility. -
Project Component Three: Shelter $3,500
Operations: Security system expenses
ESG Match Requirement Documentation of ESG $108,248
•
Eligible matching funds
Modifications to the "Budget and Scope" may only be made if approved in advance. Budgeted fund
shifts between project components shall not be more than 10% and does not signify a change in scope. Fund
shifts that exceed 10%of a project component shall only be made with board approval.
All services/activities specified in Section I. Scope of Services shall be performed by SUBRECIPIENT
employees or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and that
meets Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder as further set for the in Section IX.D. of this Agreement. Contract
administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all
records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or
partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request
disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be
limited to the amount needed at the time of the request. Invoices for work performed are required every month.
SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the
term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet
prepared to send the required backup, a $0 invoice will be required. Explanations will be required if two
consecutive months of $0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when
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Emergency Solutions Grant
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requested as work progresses but, not more frequently than once per month. Reimbursement will not occur if
Subrecipient fails to perform the minimum level of service required by this agreement. Final invoices are due no
iter than 90 days after the end of the agreement. Work performed during the term of the program but not
invoiced within 90 days without written exception from the Grant Coordinator will not be reimbursed The
County Manager or designee may extend the term of this Agreement for a period of up to 180 days. The
extension must be authorized prior to the expiration of the agreement. The extension must be authorized in
writing by formal letter to the Subrecipient.
No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable
local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in
compliance with §218.70, Florida Statutes, otherwise known as the"Local Govermnent Prompt Payment Act."
The following table details the project deliverables and payment schedule:
PAYMENT DELIVERABLES
Deliverable Payment-Supporting Documents Submission Schedule
Project Component One: funding will Upon invoicing using Exhibit B Monthly
assist with emergency shelter personnel will reimburse allowable expenses
support of a Security Coordinator with documentation including but
(including taxes). not limited to properly completed
invoice, timesheets, payroll,
Project Component Two: Utilities which banking, canceled checks, utility
includes electric, phone & interne, trash document(s), and any additional
removal, and water and sewer costs to supporting documentation as
operate the shelter facility. needed.
Project Component Three: Security
system expenses.
Final 10% ($10,824.80) released
upon documentation of a
minimum of 150 persons served.
Retainage will be deducted from
each invoice.
ESG Match Supporting Match documentation Monthly
from Thrift Shoppe Revenue
PROGRAM DELIVERABLES
Deliverable Program—Deliverable Supporting Submission Schedule
Documents
Creation and maintenance of income N/A Ongoing
eligibility files on clients served
Progress Reports Exhibit C Quarterly
Proof of Insurance Insurance Certificate Annually within 30
days of renewal
Affirmative Action Plan Plan Documents Within 60 days of
executed agreement
and updates submitted
annually ••
Annual Audit Audit Report with Management 6/30 annually
•
Letter and Exhibit E
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I� NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, and personal delivery, sent by facsimile or other electronic means. Any notice delivered or
sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in the capacities indicated below,
unless otherwise modified by subsequent written notice.
COLLIER COUNTY ATTENTION: Jody Paley, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
239-252-2903
mai lto:JodyPaley(a�colliergov.net
SUBRECIPIENT ATTENTION:Julie Franklin
The Shelter for Abused Women& Children
P.O. Box 10102
Naples, FL 34101
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from ESG grant funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUD governing ESG funds pertaining to this Agreement. In the event of curtailment or non-production of
said federal funds,the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of
the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the Funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and/or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUB CONTRACTS
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.
B. GENERAL COMPLIANCE
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The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act, The
lUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing the funds provided under this contract. The SUBRECIPIENT further agrees to utilize funds
available under this Agreement to supplement rather than supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the COUNTY's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from
its obligations under this Agreement.No amendments to this agreement will be granted ninety (90) days prior to
end date of this agreement.
The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
;overmnental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period,
the COUNTY Manager or designee may grant a cumulative time extension of no more than 180 days and
modify any subsequent project work plans to reflect the extension. The request must be submitted no later than
ninety(90) days prior to end date of the Agreement.
E. 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, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
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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 Collier 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.
F. COUNTY RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for, on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key infonnation regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS,REMEDIES AND TERMINATION
In accordance with 2 CFR 200.39, this Agreement may also be terminated for convenience by either
the Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial terminations,the portion to be terminated. However, if in the case of a
partial termination, the Grantee determined that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement
1. 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;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
5. Submission by the SUBRECIPIENT of any false certification;
6. Failure to materially comply with any terms of this Agreement; and
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7. Failure to materially comply with the terms of any other agreement between the County and
the 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:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of or change in professional management;
3. Require immediate repayment by SUBRECIPIENT to the County of all ESG funds
SUBRECIPIENT has received under this Agreement;
4. Apply sanctions if determined by the County to be applicable;
5. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
H. MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.201. Matching
funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be
ased to match a subsequent grant award. A SUBRECIPIENT may comply with is requirement by providing the
matching funds from any source, including any Federal source other than the ESG program, as well as state,
local and private sources. The SUBRECIPIENT must ensure the laws governing any federal funds to be used do
not prohibit those funds from being used to match ESG funds. In order to meet the matching requirement, the
matching contributions must meet all the requirements that apply to the ESG funds provided by HUD as
required by 24 CFR 576.201(c). Matching contributions may be in the form of the following:
1. Cash contributions; or
2. Non-cash contributions, calculated per requirements in 24 CFR 576.201(e), include the value of any
real property, equipment, goods, or services contributed to the SUBRECIPIENT's ESG program,
provided that if the SUBRECIPIENT had to pay for them with grant funds, the costs would have
been allowable. Non-cash contributions may include:
a. The purchase value of any donated material or building. SUBRECIPIENT shall determine
the value of any donated material or building, or of any lease, using a method reasonably
calculated to establish a fair market value.
b. Match in the form of services provided by individuals must be valued at rates consistent with
those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the
SUBRECIPIENT does not have employees performing similar work the rates must be
consistent with those ordinarily paid by other employers for similar work in the same labor
market.
3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching
•
requirements,provided the costs are eligible ESG costs that supplement the ESG program.
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VII. REVERSION OF ASSETS
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of ESG funds.
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's
right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY
may deem necessary. Regulations regarding real property are subject to 2 CFR 200.311 and as otherwise
provided at 24 CFR 570.503(b)(7). Regulations regarding equipment are subject to 2 CFR 200.311 and as
otherwise provided at 24 CFR 570.503(b)(7).
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
•
insurance required under this Section and outlined in Exhibit "A" and 2 CFR 200.310 has been obtained, and
carried, at all times during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and
the Scope of Work(Part I),the Uniform Administrative Requirements, Cost Principles and Audit Requirements
for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solution Grant.
•
•
A. EXAMINATION OF RECORDS
•
The 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 not be limited to,the following: •
B. DOCUMENTATION AND RECORDKEEPING
1. The SUBRECIPIENT shall maintain all records by the Federal regulation specified in 24 CFR
576.500 that are pertinent to the activities to be funded under this Agreement.
2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or CHS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
•
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which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
4. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to CHS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for five (5) years, as required by 2 CFR 200.333 and
24 CFR 576.500(y), after expiration of this Agreement with the following exception: if any
litigation, claim or audit is started before the expiration date of the five (5) year period, the
records will be maintained until all litigation, claim or audit findings involving these records are
resolved. The COUNTY shall be informed in writing if an agency ceases to exist after closeout
of this Agreement of the address where the records are to be kept as outlined in 2 CFR 200.336
and 24 CFR 576.500(y). Meet all requirements for retaining public records and transfer, at no
cost, to COUNTY all public records in possession of the SUBRECIPIENT upon termination of
the contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the information technology systems of the
public agency.
5. The SUBRECIPIENT shall maintain client data demonstrating client eligibility for services
• provided following confidentiality as required by 24 CFR 576.500(x). Such data shall include,
but not be limited to, client name, address, income level or other basis for such determining
eligibility of client being homeless or "at risk of homelessness", all required data to adhere to
HMIS standards and description of service provided as required by 24 CFR 576.500. Such
information shall be made available to COUNTY monitors or their designees for review upon
request. The SUBRECIPIENT agrees that CHS shall be the final arbiter on the
SUBRECIPIENT's compliance.
6. The SUBRECIPIENT must keep documentation showing that ESG grant funds were spent on
allowable costs in accordance with the requirements for eligible activities under 24 CFR 576.101
through 576.109.
7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to
ensure:
a. All records containing personally identifying information(as defined in HUD's standards for
participation, data collection,and reporting in a Iocal HMIS) of any individual or family who
applies for and/or receives ESG assistance will be kept secure and confidential;
b. The address or location of any domestic violence, dating violence, sexual assault, or stalking
shelter project assisted under the ESG will not be made public, except with written
authorization of the person responsible for the operation of the shelter; and
c. The address or location of any housing of a program participant will not be made public,
except as provided under a pre-existing privacy policy of the SUBRECIPIENT and
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consistent with state and local laws regarding privacy and obligations of confidentiality; and
d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be
maintained in accordance with 24 CFR 576.500(x).
e. Disclosure — The SUBRECIPIENT understand 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 or SUBRECIPIENT's responsibilities
with respect to services provided under this Agreement, is prohibited by applicable State or
Federal law unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian. The SUBRECIPIFNT's written
procedures shall ensure confidentiality of records pertaining to the provision of family
violence prevention or treatment services with assistance as required by 24 CFR 576.500(x)
as set forth in 42 U.S.C. 11375(c)(5).
f. SUBRECIPIENT shall provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure that public
records that are exempt or confidential and exempt from public records disclosure requirements are
not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337.
C. REPORTS AND EVALUATIONS (MONITORING)
Reimbursement may be contingent on 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.
During the term, SUBRECIPIENT shall submit quarterly progress reports based on Universal Data
Elements collected at the time of assessment. The COUNTY shall receive the reports electronically on the 15th
day of April, July, October and January respectively for the prior quarter period end. As part of the report
submitted in April 2015, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "C". Exhibit "C" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
The SUBRECIPIENT must participate in a HMIS at least on a quarterly basis. If a SUBRECIPIENT is a
victim service provider, it may use a comparable database that collects client-level data over time and generates
unduplicated aggregate reports based on the data. A victim service provider means a private nonprofit
organization whose primary mission is to provide services to victims of domestic violence, dating violence,
sexual assault or stalking. This term includes rape crisis centers, battered women's shelters, domestic violence
transitional housing programs and other programs.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit D) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site monitoring visit
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and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
tisfactory evaluations. The SUBRECIPIENT shall, upon the request of CHS, submit information and status
.ports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports
required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site
visits may be scheduled or unscheduled as determined by CHS or HUD.
The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,
waste, abuse, or non-performance based on goals and performance standards as stated with all other applicable
federal, state and local laws, regulations, and policies governing the funds provided under this agreement further
defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute
noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures
will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General,the General
Accounting Office,the COUNTY, or the COUNTY's internal auditor(s) access to all records related to
performance of activities in this agreement.
D. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in compliance with thresholds of the Collier County Purchasing Policy and the
SUBRECIPIENT is required to follow Federal Procurement standards at (2 CFR 200.318 through .326), as
shown below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range($) Quotes
Under$3K 1 Written Quote
$3K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above$50K Invitation to Bid(ITB)
E. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
Any deficiencies noted in audit reports must be fully cleared by the Grantee,Developer,
or Subrecipient within 30 days after receipt by the organization. Failure of the organization to comply with the
above audit requirements will constitute a violation of this contract and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current
Grantee policy concerning Subrecipient audits.
The determination of amounts of Federal awards expended shall be in accordance with
guidelines established by OMB Circular A-133 for fiscal years beginning before December 26, 2014 and
established by 2 CFR Part 200, Subpart F-Audit Requirements for fiscal years beginning on or after December
26, 2014.
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F. QUESTIONED COSTS
If the SUBRECIPIENT submits charges and receives payment from the grant that are subsequently
questioned and disallowed. If the SUBRECIPIENT does not agree to repay the disallowed costs in a lump sum
payment by the date specified or begin and/or continue repayment under an installment plan approved by the
COUNTY, appropriate action, such as suspension of any current or future contract payments, termination of
Agreement(s), referral to COUNTY legal for further actions or any other appropriate actions necessary will be
taken to recover the disallowed costs. For purposes herein, the term"findings" refers to a deficiency in program
performance based on a statutory, regulatory or Agreement requirement for which sanctions or other corrective
actions are authorized.
G. PROGRAM-GENERATED INCOME
Any"Program Income" (as such term is defined in 2 CFR 200.307 and 24 CFR 576.2) gained from any activity
of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, through an annual program
income re-use plan. The COUNTY shall approve the program income re-use plan utilized by the
SUBRECIPIENT and shall be in compliance with 24 CFR 576 in the operation of the Program
H. 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 not be 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 IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law
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 in excess of the amount to which the SUBRECIPIENT is entitled under
the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also
produce records and information that complies with Section 215.97, Florida Single Audit Act. Closeout
procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have
been completed.
I. CORRECTIVE ACTION
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make acceptable
progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Community and Human Services (CHS)has
adopted an escalation policy to ensure continued compliance by SUBRECIPIENTS, Developers, or any entity
receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows:
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1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require
a corrective action plan be submitted to the Department within 15 days following the monitoring
visit.
o Any pay requests that have been submitted to the Department for payment will be helduntil the
corrective action plan has been submitted.
o CHS will be available to provide Technical Assistance(TA) to the entity as needed in order to
correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the
Department,the Department may require a portion of the awarded grant amount be returned to the
Department.
o The County may require upwards of five percent(5%) of the acquisition amount be returned to
the Department, at the discretion of the Board of County Commissioners.
o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue that was
previously corrected, and has been informed by the Department of their substantial non-compliance
by certified mail;the Department may require a portion of the awarded grant amount or the amount
of the CDBG investment for acquisition of the properties conveyed,be returned to the Department.
o The Department may require upwards of ten percent(10%) of the acquisition amount be returned
to the Department, at the discretion of the Board of County Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-compliant, the
Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County Commissioners to
immediately terminate the agreement or contract. The Entity will be required to repay all funds
disbursed by the County for project that was terminated.This includes the amount invested by
the County for the initial acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-compliant, the
above sanctions may be imposed across all awards at the discretion of the Board of County Commissioners.
J. Cost Principles
Payments to the Subrecipient are governed by the Federal grants management rules for cost
allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section
1.5-Cost Principles) of this agreement, Subrecipient is defined as a described in 2 CFR 200.93.
Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement
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shall identify the associated project and approved project task(s) listed under this Scope of Work. The
Subrecipient may only incur direct costs that can be attributed specifically to the projects referenced
above as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for
validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon
compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs
incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost
Principles. A Developer is not subject to 2 CFR Subpart E, however the County is Subject to 2 CFR
Subpart E and may impose requirements upon the Developer in order for the County to remain
compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal
controls, and maintain necessary source documentation for all costs incurred and adhere to any other
accounting requirements included in this Agreement.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status,or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
1. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents in
accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968 as
amended (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135 requires that to the greatest
extent feasible employment and economic opportunities be directed to low and very low income residents of
the and that contracts for work in connection with the project be awarded to business concerns that provide
economic opportunities for low and very low income persons residing in the metropolitan area(as defined in
42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable the SUBRECIPIENT
shall involve homeless individuals and families in constructing, renovating, maintaining and operating
facilities assisted under ESG, in providing services assisted under ESG, and in providing services for
occupants of facilities assisted under ESG. This involvement may include employment or volunteer
services. Section 3 is relative to any of the SUBRECIPIENT's subcontractors, their successors and assigns,
to those sanctions specified by the Agreement through which Federal assistance is provided. The
SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
B. OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract,the terms"small business"means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise"means a business at least fifty-one(51)percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
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SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY'S
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program within 60 days of award of contract execution.
D. CONFLICT OF INTEREST
The SUBRECIPIENT must keep records to show compliance with the organizational conflicts of
interest requirements in 24 CFR 576.404(a), 2 CFR 200.318 and 24 CFR 84.42, a copy of the personal conflicts
of interest policy or codes of conduct developed and implemented to comply with the requirements in 24 CFR
576.404(b) and records supporting exceptions to the personal conflicts of interest prohibitions.
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT.
The SUBRECIPTFNT 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
•ontractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in
the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-
manage the projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to CHS provided, however, that this paragraph
shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that maximum
opportunity be provided for employment
E. 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).
F. PERMANENT HOUSING
Assistance for program participants to remain or move into housing must meet the minimum habitability
standards (Exhibit F) provided in 24 CFR 576.403(c) and all applicable state and local housing codes, licensing
requirements and any other requirements in the jurisdiction in which the housing is located regarding the
condition of the structure and the operation of the housing.
G. COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document their compliance with the requirements of 24 CFR 576.400 for
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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).
H. HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation requirements
under 24 CFR 576.405(c).
I. CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND PROCEDURES •
The SUBRECIPIENT must keep 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).
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
The SUBRECIPIENT must document their compliance with the faith-based activities requirements
under 24 CFR 576.406 and will not utilize ESG funds for inherently religious activities prohibited in the federal
statute, such as worship, religious instruction or proselytization.
XII. INCIDENT REPORTING
If services to clients are to be provided under this agreement,the subrecipient and any subcontractors
shall report knowledge or reasonable suspicion of abuse, neglect, or exploitation of a child, aged person, or
disabled adult to the County.
XIII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof.
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IN WITNESS WHEREOF,the Subrecipient and the County, have each,respectively, by an authorized person
or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROC , CLERK COLLIER ' 'Y, FLORIDA
4 f. ' l'e,
a B}. �.
Attest as to !t I k _ TIM NANCE, CHAIRMAN
Dated: � `°7
°,. (SEA. Y2:-.*:,,,,
TIDE SHELTER FOR ABUSED WOMEN AND
CHILDREN, INC.
Signature
Linda Oberhaus,Executive Director
Print Name, &Title
I
Approved as to form and legality:
\--„\ck .71), ___% .Ck ''-
...A ' ),is.._......„_.
Jennir A. Belpetlio
Assistant County Attorney ,t,
Acl( .' ,C) �� �
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Community and Human Services Division,
3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance
coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an"All Risk"basis in an amount not less than one
hundred(100%)percent of the insurable value of the building(s)or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
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under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
3PERAT1ON/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
7. Workers' Compensation as required by Chapter 440,Florida Statutes.
8. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
8. 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 as an additional insured.
9. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
10. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s) or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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EX I I:IT "B"
COLLIER COUNTY COMMUNITY AND HUMAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: The Shelter for Abused Women and Children, Inc
Sub recipient Address: P.O. Box 10102,Naples, FL 34101
Project Name: Emergency Solutions Grant Emergency Shelter Operations Project
Project No: CD15-01 Payment Request#
Total Payment minus Retainage:
Period of Availability: 11/01/15 — 10/31/16
The Agency has incurred the indebtedness listed below between and
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded $
2. Sum of Past Claims Paid on this Account $
3. Total Grant Amount Awarded Less Sum Of
Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests(Include Retainage) $
5. Amount of Today's Request $
6. 10% Retainage Amount Withheld $
7. Current Grant Balance (Initial Grant Amount
Awarded Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of
the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge
and belief, all grant requirements have been followed.
Signature Date
Title
Authorizing Grant Coordinator Authorizing Grant Accountant
Supervisor Department Director
(approval required$15,000 and above) (approval required$15,000 and above)
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EXHIBIT"C"
Emergency Shelter Grants (ESG) Program Client Characteristics Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Elderly:
1. Ethnicity and Race of clients served: Non Hispanic Hispanic
0 0
0 0
Report Selection Criteria o 0
0 0
White Black/African American Asian American Indian/Alaskan Native 0 0
0 0
Native Hawaiian/Other Pacific Islander American Indian/Alaskan 0 0
Native/White Asian and White Black/African American and White 0 0
0 0
American Indian/Alaskan Native and Black African American 0 0
Other/Multi-Racial TOTAL 0 0
0 _Barracks
Group/Large House
UNKNOWN 0 0 -Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer
2. Number of adults and children served: Hotel/Motel
a. Residential Other Apartment/Complex
Other Single Family Duplex
Number of Adults
Number of Children
Number of Unknown Age
b. Non Residential
Number of Adults
Number of Children
Number of Unknown Age •
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3. Number of individuals/families served, by categories:
Number of individual households(singles)
Unaccompanied 18 and over Male Female
Unaccompanied 17 and under Male Female
Number of Families with children
Headed by single 18 and over Male Female
Headed by single 17 and under Male Female
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
4. Total project(s)/service(s) provided to clients in range:
a. emergency shelter facilities shelter h. employment I. transitional
b. vouchers for shelters j. outreach
c. drop-in center k. soup kitchen/meal distribution
d. food pantry I. health care
e. mental health m. HIV/AIDS services
f. alcohol/drug n. other(please list)
g. child care
5. Number of clients served by sub population (duplicated count):
a. Chronically Homeless g. Severely Mentally Ill
b. Victims of Domestic Violence h. runaway/throwaway youth
c. Elderly h. Other disability(Physical and/or Developmental)
d. Veterans
e. Individuals with HIV/AIDS
f.Chronic Substance Abuse(alcohol and/or drug)
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(Chronically Homeless-HUD definition of a chronically homeless person is an unaccompanied homeless individual with a disabling condition who has
either: 1)been continuously homeless for a year a more,or 2)has had at least four episodes of homelessness in the past three years.)
. Clients housed by shelter type:
Non Hispanic Hispanic
o 0
0 0
0 0
0 0
0 0
0 0
o 0
0 0
0 0
0 0
0 0
0 Barracks
Group/Large House
-Scattered Site Apartment
Single Family Detached House
Single Room Occupancy
Mobile Home/Trailer •
Hotel/Motel
Other Apartment/Complex
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EXHIBIT "0"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations
requires the Collier County Community & Human Services Department to monitor our
subrecipients of federal awards and determine whether they have met the audit requirements
of the circular and whether they are in compliance with federal laws and regulations. Accordingly,
we are requiring that you check one of the following, provide all appropriate documentation
regarding your organization's compliance with the audit requirements, sign and date this form.
Subrecipient Fiscal Year
Name Period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most $
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the$750,000 federal/state expenditure threshold for our fiscal
year ending as indicated above and have completed our Circular A-133 audit. A copy
of the audit report and management letter are attached.
We exceeded the $750,000 federal/state expenditure threshold for our fiscal year
ending as indicated above and expect to complete our Circular A-133 audit by
. Within 30 days of completion of the A-133 audit,we will provide a
copy of the audit report and management letter.
• We are not subject to the requirements of OMB Circular A-133 because we:
F-1 Did not exceed the$750,000 federal/state expenditure threshold for the
fiscal year indicated above
Are a for-profit organization
Are exempt for other reasons—explain
An audited financial statements is attached and if applicable,the independent auditor's
management letter.
(If findings were noted,please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that.the above information is true and accurate.
Signature Date
--
Print Name and Title -
This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements.
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EXETI IT "E"
EMERGENCY SHELTERS
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for
Emergency Shelters,as applicable:
24 CFR 576.403(b): Minimum standards for emergency shelters. Any building for which Emergency Solutions
Grant(ESG) funds are used for conversion,major rehabilitation, or other renovations, must meet state or local
government safety and sanitation standards, as applicable, and the following minimum safety, sanitation and
privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the
following minimum safety,sanitation and privacy standards. The COUNTY may also establish standards that
exceed or add to these minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation(including major rehabilitation and conversion)carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2)Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8;the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act(42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only,the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity.The shelter must have adequate natural or articial illumination to
permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store,prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible,smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the shelter
must have at least one working smoke detector.There must also be a second means of exiting
the building in the event of fire or other emergency.
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EXHIBIT "F"
PERMANENT HOUSING
The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent
Housing, as applicable:
24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds
to help a program participant remain or move into housing that does not meet the minimum habitability
standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these
minimum standards.
(1) Structure and materials. The shelter building must be structurally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation(including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2)Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act(29 U.S.C. 794)and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.)and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act(42 U.S.C. 12131, et. Seq.) and 28 CFR part 35;where
applicable.
(3) Space and security.Except where the shelter is intended for day use only,the shelter must
provide each program participant in the shelter with an acceptable place to sleep and
adequate space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation.The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment. The shelter must have any necessary heating/cooling facilities in
proper operating condition.
(8) Illumination and electricity.The shelter must have adequate natural or articial illumination to
permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store,prepare and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of
the shelter. Where possible, smoke detectors must be located near sleeping areas. The fire
alarm system must be designed for hearing-impaired residents. All public areas of the shelter
must have at least one working smoke detector.There must also be a second means of exiting
the building in the event of fire or other emergency.
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EXHIBIT "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 ESO funds each program year; developing the performance
standards for, and evaluating the outcomes of,projects and activities assisted by ESG funds; and developing
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);
1 HUD—Veterans Affairs Supportive Housing(HUD–VASH) (division K,title II, Consolidated
_.ppropriations Act,2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008));
(5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII–B of the
McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act(42 U.S.C.
290aa-5);
(7) Healthcare for the Homeless (42 CFR part 51c);
(8) Programs for Runaway and Homeless Youth(Runaway and Homeless Youth Act(42 U.S.C. 5701 et seq.));
(9)Projects for Assistance in Transition from Homelessness (part C of title V of the Public Health Service Act
(42 U.S.C. 290cc-21 et seq.));
(10) Services in Supportive Housing Grants (section 520A of the Public Health Service Act);
(11) Emergency Food and Shelter Program(title III of the McKinney-Vento Homeless Assistance Act(42
U.S.C, 11331 etseq.));
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(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); and
(19)Veteran Justice Outreach Initiative(38 U.S.C. 2031).
(c)System and program coordination with mainstream resources. The SUBRECIPIENT and COUNTY must
coordinate and integrate,to the maximum extent practicable, ESG-funded activities with mainstream housing,
health, social services, employment, education, and youth programs for which families and individuals at risk of
homelessness and homeless individuals and families may be eligible. Examples of these programs include:
(1)Public housing programs assisted under section 9 of the U.S. Housing Act of 1937 (42 U.S.C. 1437g) (24
CFR parts 905, 968,and 990);
(2) Housing programs receiving tenant-based or project-based assistance under section 8 of the U.S. Housing
Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts 982 and 983);
(3) Supportive Housing for Persons with Disabilities(Section 811) (24 CFR part 891);
(4)HOME Investment Partnerships Program(24 CFR part 92);
(5)Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265);
(6) Health Center Program(42 CFR part 51c);
(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); and
(10) Services funded under the Workforce Investment Act(29 U.S.C.2801 et seq. ).
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(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 recipient and subrecipient must work with the Continuum of Care to ensure the screening,
assessment and referral of program participants are consistent with the written standards required by paragraph
(e) of this section. A victim service provider may choose not to use the Continuum of Care's centralized or
coordinated assessment system.
(e) Written standards for providing ESG assistance. 1The COUNTY must have written standards for providing
ESG assistance and must consistently apply those standards for all program participants. The recipient must
describe these standards in its consolidated plan.
At a minimum these written standards must include:
(i) Standard policies and procedures for evaluating individuals'and families' eligibility for assistance under
ESG;
(ii) Standards for targeting and providing essential services related to street outreach;
(iii)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;
(iv) Policies and procedures for assessing,prioritizing, and reassessing individuals'and families'needs for
essential services related to emergency shelter;
(v)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);
(vi) 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;
(vii) 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;
(viii) Standards for determining how long a particular program participant will be provided with rental
assistance and whether and how the amount of that assistance will be adjusted over time; and
(ix) Standards for determining the type, amount, and duration of housing stabilization and/or relocation services
to provide to a program participant, including the limits,if any,on the homelessness prevention or rapid re-
housing assistance that each program participant may receive, such as the maximum amount of assistance,
maximum number of months the program participant receive assistance; or the maximum number of times the
program participant may receive assistance.
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(f) Par•tiicipation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in
accordance with HUD's standards on participation, data collection, and reporting under a Iocal IIMIS. If the
subrecipient is a victim service provider or a legal services provider, it may use a comparable database that
collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based
on the data. Information entered into a comparable database must not be entered directly into or provided to an
HMIS.
•
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EXHIBIT "H"
LOCAL ANI FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR Part 576 Emergency Solutions Grants Program
2. Environmental Protection Agency (EPA)regulations pursuant to 24 CFR Part 50 as amended.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166
5. Title VIII of the Civil Rights Act of 1968 as amended
6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
7. 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.
8. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972, 42
U.S.C. § 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.
9. 24 CFR 135 —Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
"The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the project
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be awarded to business concerns that provide economic opportunities for low- and very
low-income persons residing in the metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in
connection with a housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to low- and very low-
income persons residing within the metropolitan area in which the ESG-funded project is located; where
feasible, priority should be given to low- and very low-income persons within the service area of the
project or the neighborhood in which the project is located, and to low- and very low-income
participants in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing
construction, or other public construction project to business concerns that provide economic
opportunities for low- and very low-income persons residing within the metropolitan area in which the
ESG-funded project is located; where feasible, priority should be given to business concerns that
provide economic opportunities to low- and very low-income residents within the service area or the
neighborhood in which the project is Iocated, and to low- and very low-income participants in other
HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would
prevent compliance with these requirements.
10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
11. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
12. Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
13. Title II of the Americans with Disabilities Act(42 U.S.C. 12131 et seq.)and 28 CFR Part 35 as applicable
14. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws,regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
18. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24
CFR Part 100.
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19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
20. Prohibition Of Gifts To County Employees -No organization or individual shall offer or give, either directly
or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in
Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and
County Administrative Procedure 5311.
21. Order of Precedence - In the event of any conflict between or among the terms of any of the Contract
Documents, the terms of the Agreement shall take precedence over the terms of all other Contract
Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To
the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the
Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more
strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion.
22. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20`x' Judicial Court 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.
23. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 U.S.C. 7401, et seq.
b. Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq., as amended 1318 relating to
inspection, monitoring, entry, reports and information as well as other requirements specified in said
Section 114 and Section 308 and all regulations and guidelines issued there under.
24. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 and 24
CFR 570.605 Subpart K), the SUBRECIPIENT shall assure that for activities located in an area identified
by Federal Emergency Management Agency (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.
25. All shelters assisted under the ESG program and all housing occupied by program participants must adhere
to the requirement of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
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Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856) and implementing
regulations in 24 CFR part 35, subparts A, B, H, J, K_, M and R. Such regulations pertain to all HUD-
assisted housing and require that all owners, prospective owners and tenants of properties construction prior
to 1978 be properly notified that such properties may include lead-based paint. Such notifications shall point
out the hazards of lead-based paints and explain the symptoms, treatment and precautions that should be
taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level
screening for children under seven. The notice should also point out that if lead based paint is found on the
property, abatement measures may be undertaken. The regulations further require that, depending on the
amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement
may be conducted.
26. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
27. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-
Free Workplace Act of 1988 (41 U.S.C. 701).
28. The SUBRECIPIENT agrees that no funds provided,nor personnel employed under the Agreement shall be
in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title
V of the U.S.C. (Hatch Act).
29. The SUBRECIPIENT certifies that neither it, nor its principals, is presently debarred, suspended, proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier •
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
30. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
31. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB Audits of States, Local Govermnents, and Non-Profit Organizations. 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.
32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to
2 CFR Part 170
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33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on 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).
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3) (a), Florida Statutes.
35. Lobbying - No Federal 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 and
shall comply with 24 CFR part 87.
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;
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
36. Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 119.021 Records Retention
39. Florida Statutes, 119.071, Contracts and Public Records
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40. 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))
41. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act
and regarding those items identified in 40 CFR Part 247 of the EPA guidelines
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