Agenda 03/12/2013 Item #16D2 3/12/2013 16.D.2.
EXECUTIVE SUMMARY
Recommendation to approve three (3) Subrecipient Agreements with Catholic Charities of Collier
County, Diocese of Venice, The Shelter for Abused Women and Children and St. Matthews House
for the FY2012-2013 U.S. Housing and Urban Development (HUD) Emergency Solutions Grant
(ESG)
OBJECTIVE: To begin expenditure of the FY 12-13 HUD ESG allocations in order to support
various homeless programs, per the Annual Action Plan approved by the Board.
CONSIDERATIONS: On July 26, 2011, the Board of County Commissioners approved the County's
Five-Year Consolidated Plan for fiscal years 2011-2016 (Item No.10H, formerly 16.D.14). The purpose
of the Consolidated Plan is to provide the County with a planning strategy outlining community-based
goals and objectives that will allow for eligible projects utilizing federal funding. In addition to furthering
the County's goals and objectives,the Consolidated Plan also complies with HUD national objectives.
On July 24, 2012, the Board of County Commissioners adopted Resolution No. 2012-137 approving a
One-Year (FY2012-2013) HUD Action Plan (Agenda Item No. 11.E). Because HUD was in the process
of revising the ESG program, the approved Action Plan contained only an amount ($168,745) for ESG
funding, and indicated actual projects would be determined at a later date. On December 14, 2012,
Housing, Human and Veteran Services (HHVS) published a notice of a substantial amendment to the FY
2012-2013 Action Plan in the Naples Daily News to inform the public of the proposed ESG projects. The
public comment for this substantial amendment was 30 days (December 21, 2012-January 21, 2013). No
public comment was received.
The substantial amendment approved at the February 12, 2012 Board meeting, identified the following
projects to be funded with FY2012-2013 ESG funds: Catholic Charities of Collier County, Diocese of
Venice, Inc. - $62,490 for Homelessness Prevention; The Shelter for Abused Women and Children -
$46,800 - Homeless Shelter Operations; St. Matthew's House - $46,800 - Homeless Shelter Operations
and Collier County's Department of Housing, Human and Veteran Services (HHVS) Department will
retain$12,655 to administer the ESG program.
By the substantial amendment,these projects are now incorporated in the FY2012-2013 One Year Action
Plan. Approval of the subrecipient agreements will allow HHVS to administer, implement and monitor
the projects outlined in the Annual Action Plan.
The Action Plan identifies the funding year as October 1, 2012 to September 30, 2013. The following
contracts are effective from March 12, 2013 (Board meeting date) to March 11, 2014. This is an
acceptable grant practice and allowed by the funding source.
The following subrecipient agreements are being presented for the Board's approval: Catholic Charities
•
of Collier County, Diocese of Venice, Inc.; The Shelter for Abused Women and Children and St.
Matthew's House.
Catholic Charities of Collier County. Diocese of Venice, Inc. - $62.490
The project description, as outlined in the FY2012-2013 Annual Action Plan is as follows:
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This program will assist low income households with rapid re-housing/rental assistance to avoid
homelessness.The subrecipient will assist sixty-six(66)households.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant
application and amendments, the FY2012-2013 Annual Action Plan, Priority Needs Category
(Homelessness Prevention) and the Scope of Work. Staff confirms that the project is compliant with the
Consolidated Plan and the FY2012-2013 Action Plan.
The Shelter for Abused Women and Children - $46,800
The project description, as outlined in the FY2012-2013 Annual Action Plan is as follows:
Funds will be used for homeless shelter operations. The funding will assist with emergency
shelter utilities and personnel and partial taxes(30 hours per week- Security Coordinator).
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant
application and amendments, the FY2012-2013 Annual Action Plan, Priority Needs Category (Homeless
Shelter Operations) and the Scope of Work. Staff confirms that the project is compliant with the
Consolidated Plan and the FY2012-2013 Action Plan.
St. Matthew's House-$46,800
The project description, as outlined in the FY2012-2013 Annual Action Plan is as follows:
Funds will be used for homeless shelter operations. The funding will assist with emergency
shelter utilities.
Staff has completed a compatibility analysis between the Consolidated Plan, the Subrecipient's grant
application and amendments, the FY2012-2013 Annual Action Plan, Priority Needs Category (Homeless
Shelter Operations) and the Scope of Work. Staff confirms that the project is compliant with the
Consolidated Plan and the FY2012-2013 Action Plan.
Pursuant to the consistency analysis outlined above, Board approval of the Subrecipient Agreements
confirms basis upon which payment is to be made; only to change thereafter by Board approved
substantial amendment and/or contract amendment, if needed.
FISCAL IMPACT: Funds in the amount of $168,745 are available within the Housing Grants Fund
(705) for the FY2012-2013 ESG Grant Project (33238). The ESG entitlement grant requires a 1:1
match of $168,745. HHVS will provide a 1:1 match for our administrative allowance with in-
kind services in the amount of $12,655. Each Subrecipient will provide a 1:1 match for the
balance of$156,090 in order to receive funding: Catholic Charities of Collier County Diocese of
Venice, The Shelter for Abused Women and Children and St. Matthews House will provide
$62,490, $46,800 and $46,800 respectively.
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this amendment will
further certain Goals, Objectives, and Policies within the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board
action. -JBW
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RECOMMENDATION: To approve and authorize the Chairwoman to execute three (3) subrecipient
agreements for homelessness prevention and homeless shelter operations utilizing ESG funds.
Prepared by: Elly Soto McKuen, Operation Analyst and Kristi Sonntag, Manager Federal/State
Grants; Housing, Human and Veteran Services Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.2.
Item Summary: Recommendation to approve three (3) Subrecipient Agreements with
Catholic Charities of Collier County, Diocese of Venice, The Shelter for Abused Women and
Children and St. Matthews House for the FY2012-2013 U.S. Housing and Urban Development
(HUD) Emergency Solutions Grant (ESG)
Meeting Date: 3/12/2013
Prepared By
Name: McKuenElly
Title: Grant Support Specialist, Housing,Human&Veteran
1/22/2013 3:22:40 PM
Approved By
Name: GrantKimberley
Title:Interim Director,HHVS
Date: 2/25/2013 4:42:23 PM
Name: MesaNancy
Title: Accountant,Housing,Human&Veteran Services
Date: 2/26/2013 8:29:42 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 2/26/2013 11:22:13 AM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 2/27/2013 12:26:59 PM
Name: SonntagKristi
Date: 2/28/2013 4:08:52 PM
Name: Joshua Thomas
Title: Grants Support Specialist,
Date: 2/28/2013 4:14:28 PM
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Name: WhiteJennifer
Title:Assistant County Attorney,County Attorney
Date: 2/28/2013 5:07:31 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 2/28/2013 5:19:47 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Manage
Date: 3/1/2013 2:29:41 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/1/2013 3:28:34 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 3/1/2013 5:32:32 PM
Name: OchsLeo
Title: County Manager
Date: 3/3/2013 11:17:23 AM
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Grant#- E-12-UC-12-0024E
CFDAICSFA#- 14.231
Subrecipient—St. Matthews House
DUNS#- 831093653
FETI# -65-1110501
AGREEMENT BETWEEN COLLIER COUNTY
AND
ST. MATTHEWS HOUSE,INC.
THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "COUNTY") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "ST. MATTHEWS HOUSE, INC.", a private
not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 2001
Airport Road, South, Naples,FL 34112.
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.
1 1371-11378); 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, each year, the COUNTY prepares a One-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One-Year Action Plan for Federal Fiscal Year FY12-13 for the ESG Program on July 24,
2012, Agenda Item No.11.E. and as amended on February 12, 2013, Item No. 16.D.13; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of the One-Year Action Plan, as amended, the County advertised a 30-day citizen comment
period and received citizen comments from December 21, 2012 through January 21, 2013; and
WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012-137 approving the amended
One-Year Action Plan for Federal Funds for FY12-13 providing ESG funds in the amount of$46,800 to ST.
MATTHEWS HOUSE, INC. for the UTILITIES FOR PROGRAMS located at 2001 Airport Road South,
Naples, FL 34112; and
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran
Services (HHVS), perform the tasks necessary to conduct the program as follows:
The FY2012-2013 Action Plan identified and approved the project to utilize
funds for homeless shelter operations. The funding will assist with emergency
shelter utilities.
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. TIME OF PERFORMANCE
Services/Activities of the SUBRECIPIENT shall start on the 12th day of March,2013 and end on the
11th day of March, 2014. 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
The COUNTY agrees to make available FORTY-SIX THOUSAND EIGHT HUNDRED DOLLARS
($46,800) 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").
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The budget identified for the Utilities for Programs shall be as follows:
ESG
Line Item Description ESG Match
Funds Funds
(1:1)
Shelter Utilities $ 46,800 $ 46,800
TOTAL $ 46,800 $ 46,800
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 HHVS, 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 HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following project work plan is in effect for program monitoring requirements only, and as such, not
intended to be used as a payment schedule:
Deliverable Payment Schedule
Final 10% ($4,680) released upon
Utility Invoices documentation of 600 clients served
IV. 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: Geoffrey Magon, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION:Nanette M. Scoville
St. Matthews House
2001 Airport Road South
Naples,FL 34112
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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
SUBREC1PIENT 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. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing the funds provided under this 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.
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The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local
governmental 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 COUNT`
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 the COUNTY, its officers, agents and employees from any and all claims, Iiabilities, 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
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.
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 HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
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G. TERMINATION
In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this
Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include
(but are not limited to), the following:
I. 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 COUNTY reports that are incorrect or incomplete
in any material respect.
In accordance with 24 CFR 84.86(a)(1), this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if
in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety.
H. MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.51. Matching
funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be
used to match a subsequent grant award. 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 Iaws 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.
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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.
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 SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with ESG funds in excess of$25,000 as outlined in 24 CFR 570.503(B)(8) must either:
a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after
expiration of the term of this Agreement or for such longer period of time as determined to be
appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an
amendment to this Agreement or such instrument as the COUNTY at its discretion determines
appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non-ESG funds for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
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" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
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. 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 HHVS. Materials identified in the previous sentence
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shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS 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 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 24 CFR 576.500(y).
4. 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 HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
5. 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 and the cost principles in OMB Circulars A-87 (24 CFR Part 225) and A-122 (2
CFR Part 230).
6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21-28 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.
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 local 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
consistent with state and local Iaws regarding privacy and obligations of confidentiality; and
d. The confidentiality procedures of the SUBRECIPIENT must be in writing and must be
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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 responsibilitie
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 SUBRECIPIENT'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).
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 2013 and January 2014 respectively for the prior quarter period end. As part of the
report submitted in January 2014, 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 taus,
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 1.80 days after the SUBRECIPIENT's fiscal year end.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (1) annual on-site monitoring
visit 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
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HIIVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or IIUD.
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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, as shown
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range ($) Quotes
Under$3K No Quote Required
Above $3K to $10K 3 Written Quotes
Above $10K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
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 SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT.
Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.
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 24 CFR 85.25 and 24 CFR 576.2) gained from any
activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient
or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty
(30) days following the execution of this agreement.
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
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records retention outlined in Section IX.B.3, the SUBREICPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance,preservation and retention.
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
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 for approval prior to the award of funds.
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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) 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.
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
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.
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XIL 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.
IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY, have each,respectively,by an authorized
person or agent, hereunder set their hands and seals on this 12th day of March, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
ST.MATTHEWS HOUSE, INC.
By:
Signature
Vann R. Ellison,President and CEO
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H 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
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
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OPERATION/MANAGEMENT PHASE OF 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:
8. Workers' Compensation as required by Chapter 440,Florida Statutes.
9. 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.
10. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
11. 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.
12. 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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EXHIBIT "B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: St. Matthews House, Inc.
Sub recipient Address: 2001 Airport Road South
Project Name: Utilities for Programs
Project No: ES12-02 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $ 46,800
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
5. Amount of Today's Request
6. 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. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (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
Report Selection Criteria 0 0
0 0
White Black/African American Asian American Indian/Alaskan Native 0 0
Native Hawaiian/Other Pacific Islander American Indian/Alaskan 0 0
0 0
Native/White Asian and White Black/African American and White 0 0
American Indian/Alaskan Native and Black African American 0 0
0 0
Other/Multi-Racial TOTAL 0 0
0 0
0 Barracks
•
UNKNOWN 0 0 Group/Large House •
-Scattered Site Apartment
Single Family Detached House
2. Number of adults and children served:. Single Room Occupancy
Mobile Home/Trailer
a. Residential Hotel/Motel
Other Apartment/Complex
Number of Adults Other Single Family Duplex
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.)
6. Clients housed by shelter type:
Non Hispanic Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 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"D"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans 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 Name St. Matthews House, Inc. Fiscal Year
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 $500,000 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 is attached.
We exceeded the $500,000 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:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
❑ indicated above
D Are a for-profit organization
O Are exempt for other reasons —explain
An audited financial statement 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
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EXHIBIT "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
IIousing, 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 ESG 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);
(4) HUD—Veterans Affairs Supportive Housing(HUD–VASH) (division K, title II, Consolidated
Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008));
(5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII–B of the
McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C.
290aa-5);
(7) Healthcare for the Homeless (42 CFR part 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 et seq.));
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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) Iomeless 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. ).
(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
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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.
(f)Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in
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accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the
subrecipient is a victim service provider or a legal services provider, it may use a comparable database that
collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based
on the data. Information entered into a comparable database must not be entered directly into or provided to an
HMIS.
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EXHIBIT"H"
LOCAL AND 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.
10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
11. Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
12. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.)and 28 CFR Part 35 as applicable
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
15. 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.
16. 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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17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B—Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.40-84.48—Procurement contracts and documentation of compliance
o Section 84.42—Non Profit conflict of interests
o Section 84.51(b), (c), (d), (e), (f)and (h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
• Section 84.61, Termination - In lieu of the provisions of 84.61
• Subpart D—After-the-Award Requirements —except for 84.71, Closeout Procedures
18. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
• 24 CFR 85.25(g)— Program Income
• 24 CFR 85.36 —Governments conflict of interests
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
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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, 20th 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
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 b
taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead lever
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).
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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 SUBREECIPIENT 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.
States, Local Governments, and Indian Tribes follow:
• A-87 for Cost Principles (2 CFR 225)
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles (2 CFR 230)
• A-110 for Administrative Requirements
• 2 CFR 22.5 —Appendix E, Cost Principles for Non-Profit Organizations
31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States,
Local Governments, and Non-Profit Organizations.
32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to
2 CFR Part 170
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 Ioan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
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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 submi
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. 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.20I2(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))
40. 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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Grant#-E-12-UC-12-0024E
CFDA/CSFA#- 14.231
Subrecipient—Catholic Charities of
Collier County, Diocese of Venice,Inc.
DUNS #-877646501
FETI #-59-2473176
AGREEMENT BETWEEN COLLIER COUNTY
AND
CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE,INC.
THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "COUNTY") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "CATHOLIC CHARITIES OF COLLIER
COUNTY, DIOCESE OF VENICE, INC.", a private not-for-profit corporation existing under the laws of the
State of Florida, having its principal office at 2210 Santa Barbara Boulevard,Naples, FL 34116.
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, each year, the COUNTY prepares a One-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One-Year Action Plan for Federal Fiscal Year FY12-13 for the ESG Program on July 24,
2012, Agenda Item No.l 1.E. and as amended on February 12, 2013, Item No. 16.D.13; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of the One-Year Action Plan, as amended, the County advertised a 30-day citizen comment
period and received citizen comments from December 21, 2012 through January 21, 2013; and
WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012-137 approving the amended
One-Year Action Plan for Federal Funds for FY12-13 providing ESG funds in the amount of $62,490 to
CATHOLIC CHARITIES OF COLLIER COUNTY, DIOCESE OF VENICE, INC. for the
EMERGENCY STABILIZATION PROJECT located at 2210 Santa Barbara Boulevard, Naples, FL
34116; and
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran
Services (HHVS), perform the tasks necessary to conduct the program as follows:
The FY2012-2013 Action Plan identified and approved the program to assist 66
low income households with rental assistance to avoid homelessness. Households
will receive up to three (3)months of rental assistance
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. TIME OF PERFORMANCE
Services/Activities of the SUBRECIPIENT shall start on the 12th day of March, 2013 and end on the
11th day of March, 2014. 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
The COUNTY agrees to make available SIXTY-TWO THOUSAND FOUR HUNDRED NINETY
DOLLARS ($62,490) 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
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subsequent amendment(s) to the Agreement, shall be referred to as the"Funds").
The budget identified for the Emergency Stabilization Project shall be as follows:
ESG
Line Item Description ESG Match
Funds Funds
(1:1)
Direct Household Assistance for Rental Assistance $ 62,490 $ 62,490
TOTAL $ 62,490 $ 62,490
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 HHVS, 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 HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following project work plan is in effect for program monitoring requirements only, and as such, not
intended to be used as a payment schedule:
Deliverable Payment Schedule
Provide 66 households with short term Final 10% ($6,249) released upon
assistance for rent. documentation of 66 clients served
IV. 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: Geoffrey Magon, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION: Armando Galella, District Director
Catholic Charities of Collier County, Diocese of Venice
Catholic Charities of Collier County
liocese of Venice
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2210 Santa Barbara Boulevard
Naples, FL 34116
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. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
Ashik
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
SUBRECIPIENT 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
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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
governmental 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 COUNTY
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 the COUNTY, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, 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
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.
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 HOUSING,HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
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G. TERMINATION
In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this
Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include
(but are not limited to), the following:
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 COUNTY reports that are incorrect or incomplete
in any material respect.
In accordance with 24 CFR 84.86(a)(1), this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if
in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made,the COUNTY may terminate the award in its entirety.
H. MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.51. Matching
funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be
used to match a subsequent grant award. 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.
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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.
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 SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with ESG funds in excess of$25,000 as outlined in 24 CFR 570.503(B)(8) must either:
a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after
expiration of the term of this Agreement or for such longer period of time as determined to be
appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an
amendment to this Agreement or such instrument as the COUNTY at its discretion determines
appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non-ESG funds for the acquisition of or improvements to, the
property.No payment is required after the period of time specified in subsection(a).
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" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
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.
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2. 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 a-
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS 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 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 24 CFR 576.500(y).
4. 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 HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
5. 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 and the cost principles in OMB Circulars A-87 (24 CFR Part 225) and A-122 (2
CFR Part 230).
6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21-28 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.
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 local 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
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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
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 SUBRECIPIENT'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).
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 2013 and January 2014 respectively for the prior quarter period end. As part of the
report submitted in January 2014, the SUBRECIPIENT I' 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 HHVS will carry out no less than one (1) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
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activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
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, as shown
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range ($) Quotes
Under$3K No Quote Required
Above $3K to $10K 3 Written Quotes
Above $10K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid (IFB)
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 SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT.
Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violatior
of this Agreement and may result in the withholding of future payments.
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 24 CFR 85.25 and 24 CFR 576.2) gained from any
activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient
or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty
(30) days following the execution of this agreement.
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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.3, the SUBREICPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
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
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
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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'
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 for approval prior to the award of funds.
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) 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.
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
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).
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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. 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.
IN WITNESS WHEREOF, the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this 12th day of March, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
CATHOLIC CHARITIES OF COLLIER COUNTY,
DIOCESE OF VENICE, INC
By:
Signature
Sharon Aragona, Chief Operating Officer
Approved as to fotin and legal sufficiency:
Jennifer B. White
Assistant County Attorney
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EXHIBIT "A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H 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:
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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
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
OPERATION/MANAGEMENT PHASE(IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
8. Workers' Compensation as required by Chapter 440,Florida Statutes.
9. 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.
10. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
11. 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.
12. • 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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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 15 of 31
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EXHIBIT"B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Catholic Charities of Collier County, Diocese of Venice, Inc.
Sub recipient Address: 2210 Santa Barbara Boulevard
Project Name: Emergency Stabilization Project
Project No: ES12-03 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $ 62,490
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
Atook
5. Amount of Today's Request
6. 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. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
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Diocese of Venice
2012 ESG(ES I2-03)
Emergency Stabilization Project Page 16 of 31
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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 0 0
o 0
White Black/African American Asian American Indian/Alaskan Native 0 0
Native Hawaiian/Other Pacific Islander American Indian/Alaskan 0 0
0 0
Native/White Asian and White Black/African American and White 0 0
American Indian/Alaskan Native and Black African American 0 0
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
2. Number of adults and children served: Mobile Home[rrailer
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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Diocese of Venice
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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 III
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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Diocese of Venice
2012 ESG(ES 12-03)
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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.)
6. Clients housed by shelter type:
Non Hispanic Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 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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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 19 of 31
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EXHIBIT"D"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier:
County Housing, Human and Veterans 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 Name Catholic Charities of Collier County, Fiscal Year
Diocese of Venice, Inc. 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 $500,000 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 is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
El
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:
El Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
❑ indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement 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
Catholic Charities of Collier County
Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 20 of 31
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EXHIBIT "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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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 21 of 31
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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.
Atik
(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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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 22 of 31
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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 ESG 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);
(4) HUD—Veterans Affairs Supportive Housing (HUD–VASH) (division K, title II, Consolidated
Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008));
(5)Education for Homeless Children and Youth Grants for State and Local Activities (title VII-B of the
McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act(42 U.S.C.
290aa-5);
(7)Healthcare for the Homeless (42 CFR part 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 et seq.));
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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 23 of 31
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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) I--Iomeless 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. 14371) (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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Diocese of Venice
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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. \The 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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Diocese of Venice
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(f)Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community-wide HMIS or a comparable database,in
accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the
Ask
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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Diocese of Venice
2012 ESG(ES 12-03)
Emergency Stabilization Project Page 26 of 31
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EXHIBIT "H"
LOCAL AND 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.
10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
11. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
12. Title II of the Americans with Disabilities Act(42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
15. 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.
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Diocese of Venice
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16. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24
CFR Part 100.
17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Highe
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B—Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C—Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.40-84.48 —Procurement contracts and documentation of compliance
o Section 84.42 —Non Profit conflict of interests
o Section 84.51(b), (c), (d), (e), (f) and (h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
• Section 84.61, Termination - In lieu of the provisions of 84.61
• Subpart D—After-the-Award Requirements— except for 84.71, Closeout Procedures
18. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
• 24 CFR 85.25(g) —Program Income
• 24 CFR 85.36 —Governments conflict of interests
19, Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq, and regulations relatinpak
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.
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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, 20th 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
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 Iist.
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).
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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.
States, Local Governments, and Indian Tribes follow:
• A-87 for Cost Principles (2 CFR 225)
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government)follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles (2 CFR 230)
• A-110 for Administrative Requirements
• 2 CFR 22.5 —Appendix E, Cost Principles for Non-Profit Organizations
31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States,
Local Governments, and Non-Profit Organizations.
32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to
2 CFR Part 170
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,
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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. 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))
40, 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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Grant#-E-12-UC-12-0024E
CFDA/CSFA# - 14.231
Subrecipient—The Shelter for Abused
Women and Children,Inc.
DUNS #-836680769
FETI#- 59-2752895
AGREEMENT BETWEEN COLLIER COUNTY
AND
THE SHELTER FOR ABUSED WOMEN AND CHILDREN, INC.
THIS AGREEMENT is made and entered into this 12th day of March, 2013, by and between Collier
County, a political subdivision of the State of Florida, ("COUNTY" or "COUNTY") having its principal
address as 3339 E. Tamiami Trail, Naples FL 34112, and the "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 [HMISJ); and
WHEREAS, each year, the COUNTY prepares a One-Year Action Plan detailing how it intends to
allocate funds received from HUD to conduct eligible activities for the benefit of homeless residents; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One-Year Action Plan for Federal Fiscal Year FY12-13 for the ESG Program on July 24,
2012, Agenda Item No.11.E. and as amended on February 12, 2013, Item No. 16.D.13; and
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated Plan concerning
the preparation of the One-Year Action Plan, as amended, the County advertised a 30-day citizen comment
period and received citizen comments from December 2], 2012 through January 21, 2013; and
WHEREAS, on July 24, 2012 the COUNTY approved Resolution #2012-137 approving the amended
One-Year Action Plan for Federal Funds for FY12-13 providing ESG funds in the amount of$46,800 to THE
SHELTER FOR ABUSED WOMEN AND CHILDREN, INC. for the EMERGENCY SHELTER
UTILITIES AND SECURITY FOR HOMELESS FAMILIES located at P.O. Box 10102, Naples, FL
34101; and
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NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is agreed by the
Parties as follows:
I. SCOPE OF SERVICES
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing ESG funds, as determined by Collier County Housing, Human and Veteran
Services (HHVS),perform the tasks necessary to conduct the program as follows:
The FY2012-2013 Action Plan identified and approved the project to utilize funds
for homeless shelter operations. The funding will assist with emergency shelter
utilities and personnel and partial taxes for a Security Coordinator for thirty(30)
hours per week.
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. TIME OF PERFORMANCE
Services/Activities of the SUBRECIPIENT shall start on the 12th day of March,2013 and end on the
11th day of March, 2014. 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
The COUNTY agrees to make available FORTY-SIX THOUSAND EIGHT HUNDRED DOLLARS
($46,800) for the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated
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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 Emergency Shelter Utilities and Security for Homeless Families shat
be as follows:
ESG
Line Item Description ESG Match
Funds Funds
(1:1)
Personnel: Security Coordinator- $15.50/hour for 30
hours per week $ 24,180 $ 24,180
FICA $ 1,820 $ 1,820
Utilities $ 20,800 $ 20,800
TOTAL $ 46,800 $ 46,800
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 HHVS, 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 HHVS pursuant to the
submittal of quarterly progress reports. Payments shall be made to the SUBRECIPIENT when requested as ° .
work progresses but, not more frequently than once per month. Payment will be made upon receipt of a proper
invoice and in compliance with § 218.70, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." No payment will be made until approved by HHVS.
The following project work plan is in effect for program monitoring requirements only, and as such, not
intended to be used as a payment schedule:
Deliverable Payment Schedule
Reimburse salary and taxes for Security Upon monthly invoicing of allowable
Coordinator expenses
Upon monthly invoicing of allowable
Reimburse utilities cost expenses
Documentation of 500 clients served Final 10% ($4,680) released
IV. 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
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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: Geoffrey Magon, Grant Coordinator
3339 E Tamiami Trail, Suite 211
Naples, Florida 34112
SUBRECIPIENT ATTENTION: Nicole Muley, Development& Grants Officer
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. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning HEARTH Act. The
SUBRECIPIENT also agrees to comply with all other applicable Federal, state and local laws, regulations, and
policies governing the funds provided under this 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
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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
governmental 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 COUNTY
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 holi
harmless the COUNTY, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, 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
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.
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:
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"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD)AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. TERMINATION
In accordance with 24 CFR 84.86 and 24 CFR 85.43, the COUNTY may suspend or terminate this
Agreement if the SUBRECIPIENT materially fails to comply with any terms of this Agreement, which include
(but are not limited to), the following:
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 COUNTY reports that are incorrect or incomplete
in any material respect.
In accordance with 24 CFR 84.86(a)(l), this Agreement may also be terminated for convenience by
either the COUNTY or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such
termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if
in the case of a partial termination, the COUNTY determines that the remaining portion of the award will not
accomplish the purpose for which the award was made, the COUNTY may terminate the award in its entirety.
H. MATCH REQUIRED
SUBRECIPIENT must match ESG grant funds dollar-for-dollar pursuant to 24 CFR 576.51. Matching
funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be
used to match a subsequent grant award. 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,
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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 reasonabl3 ..
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.
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 SUBRECEIPIENT's
obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary.
Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in
part with ESG funds in excess of$25,000 as outlined in 24 CFR 570.503(B)(8) must either:
a. Be used to meet one of the ESG program components in 24 CFR 576.500(y) until five (5) years after
Atek
expiration of the term of this Agreement or for such longer period of time as determined to b(
appropriate by the COUNTY and as memorialized by the COUNTY and the SUBRECIPIENT in an
amendment to this Agreement or such instrument as the COUNTY at its discretion determines
appropriate; or
b. If not used in accordance with the above subsection (a) the SUBRECIPIENT shall pay to the
COUNTY an amount equal to the current market value of the property less any portion of the value
attributable to expenditures of non-ESG funds for the acquisition of or improvements to, the
property. No payment is required after the period of time specified in subsection (a).
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" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
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:
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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. 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 HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
3. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS 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 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 24 CFR 576.500(y).
4. 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 HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
5. 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 and the cost principles in OMB Circulars A-87 (24 CFR Part 225) and A-122 (2
CFR Part 230).
6. The SUBRECIPIENT agrees to comply with 24 CFR 84.21-28 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.
7. The SUBRECIPIENT must develop and implement written procedures for confidentiality to
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ensure:
a. All records containing personally identifying information (as defined in HUD's standards for
participation, data collection, and reporting in a local HMIS) of any individual or family wh
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
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 Iaw unless written consent is obtained from such person receiving service and, in the
case of a minor, that of a responsible parent/guardian. The SUBRECIPIENT'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).
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 deeme
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 2013 and January 2014 respectively for the prior quarter period end. As part of the
report submitted in January 2014, the SUBREC1PIENT 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.
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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 HHVS will carry out no less than one (1) annual on-site monitoring
visit 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
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
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, as shown
below. Should there be a conflict; the Purchasing Policy Thresholds will prevail.
Dollar Range($) C Quotes
Under$3K No Quote Required
Above $3K to $10K 3 Written Quotes
Above$10K to $50K 3 Written Quotes
Request for Proposal (RFP)
Above $50K Invitation for Bid(IFB)
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 SUBRECIPIENT within 30 days after receipt by the SUBRECIPIENT.
Failure of the SUBRECIPIENT to comply with the above audit requirements will constitute a violation
of this Agreement and may result in the withholding of future payments.
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.
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G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined in 24 CFR 85.25 and 24 CFR 576.2) gained from any
activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY, utilized by the
SUBRECIPIENT. Program Income includes any amount of a security or utility deposit returned to the recipient"'"
or subrecipient. A Program Income Tracking System must be established by the SUBRECIPIENT within thirty
(30) days following the execution of this agreement.
H. GRANT CLOSEOUT PROCEDURES
SUBREC1PIENT'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.3, the SUBREICPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention.
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 it
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
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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
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 for approval prior to the award of funds.
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) 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.
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
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).
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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.
(This Space Intentionally Left Blank)
•
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XII. 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
IN WITNESS WHEREOF,the SUBRECIPIENT and the COUNTY, have each, respectively, by an authorized
person or agent, hereunder set their hands and seals on this 12th day of March, 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS OF
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Dated:
(SEAL)
THE SHELTER FOR ABUSED WOMEN AN
CHILDREN,INC.
By:
Signature
Linda Oberhaus, Executive Director
Approved as to form and legal sufficiency:
Jennifer B. White
Assistant County Attorney \\\\“
'7
. \
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EXHIBIT "A"
Jaw
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, do Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Bldg H 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 Asw
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).
OPERATION/MANAGEMENT PHASE OF 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:
8. Workers' Compensation as required by Chapter 440, Florida Statutes.
9. 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.
10. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less that $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
11. 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.
12. 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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EXHIBIT `B"
COLLIER COUNTY HOUSING,HUMAN AND VETERAN 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
Project Name: Emergency Shelter Utilities and Security for Homeless Families
Project No: ES 12-01 Payment Request#
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $ 46,800
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
5. Amount of Today's Request
6. 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. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor (approval authority under$14,999)
Dept Director (approval required$15,000 and above)
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EXHIBIT "C"
Emergency Shelter Grants (ESG) Program Client Characteristics Report
Report Period:
f
'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 0 0
0 0
White Black/African American Asian American Indian/Alaskan Native 0 0
Native Hawaiian/Other Pacific Islander American Indian/Alaskan 0 0
0 0
Native/White Asian and White Black/African American and White 0 0
American Indian/Alaskan Native and Black African American 0 0
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
2. Number of adults and children served: Mobile Homeffrailer
HoteUMotel
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)
Ait
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.)
6. Clients housed by shelter type:
Non Hispanic Hispanic
0 0
0 0
0 0
0 0
0 0
0 0
0 0
o 0
o 0
o 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 "D"
ANNUAL AUDIT MONITORING REPORT
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans 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 Name The Shelter for Abused Women and Fiscal Year
Children, Inc. 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 $500,000 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 is attached.
We exceeded the $500,000 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:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
❑ indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons —explain
An audited financial statement 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
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EXHIBIT "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.
(I) 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 ESG 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);
(4) HUD—Veterans Affairs Supportive Housing (HUD–VAST-I) (division K, title II, Consolidated
Appropriations Act, 2008, Pub. L. 110-161 (2007), 73 FR 25026 (May 6, 2008));
(5) Education for Homeless Children and Youth Grants for State and Local Activities (title VII–B of the
McKinney-Vento Homeless Assistance Act(42 U.S.C. 11431 et seq. ));
(6) Grants for the Benefit of Homeless Individuals (section 506 of the Public Health Services Act (42 U.S.C.
290aa-5);
(7) Healthcare for the Homeless (42 CFR part 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 et seq.));
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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 IIomeIess 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) Iomeless 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);
Amok
(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. 14371) (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. \The 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) Participation in HMIS. The SUBRECIPIENT must ensure that data on all persons served and all activities
assisted under ESG are entered into the applicable community-wide HMIS or a comparable database, in
accordance with HUD's standards on participation, data collection, and reporting under a local HMIS. If the
subrecipient is a victim service provider or a legal services provider, it may use a comparable database that
collects client-level data over time (i.e., longitudinal data) and generates unduplicated aggregate reports based
on the data. Information entered into a comparable database must not be entered directly into or provided to an
HMIS,
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EXHIBIT "H"
LOCAL AND 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 IC - 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.
10. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
11. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8.
12. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
15. 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.
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16. Public Law 100-430 - the Fair Housing Act (42 U.S.C. 3601, et seq.) and implementing regulations at 24
CFR Part 100.
17. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B —Pre-Award Requirements, except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C —Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- COUNTYs shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.40-84.48 —Procurement contracts and documentation of compliance
o Section 84.42 —Non Profit conflict of interests
o Section 84.51(b), (c), (d), (e), (f) and(h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
• Section 84.61, Termination - In lieu of the provisions of 84.61
• Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures
18. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
• 24 CFR 85.25(g) —Program Income
• 24 CFR 85.36—Governments conflict of interests
19. Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relatingook
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.
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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, 20th 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
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).
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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.
States, Local Governments, and Indian Tribes follow:
• A-87 for Cost Principles (2 CFR 225)
• A-102 for Administrative Requirements
Educational Institutions (even if part of a State or local government)follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles (2 CFR 230)
• A-110 for Administrative Requirements
• 2 CFR 22.5 —Appendix E, Cost Principles for Non-Profit Organizations
31. The SUBRECIPIENT shall comply with the requirements and standards of OMB A-133, Audits of States,
Local Governments, and Non-Profit Organizations.
32. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to
2 CFR Part 170
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,
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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. 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.
1 1434a(2))
40. 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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