Loading...
Backup Documents 06/25/2019 Item #16D 1 (Hunger & Homeless Coalition, Inc.) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIT 6 Q TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Susan Golden Community and Human 06/20/19 Services - � 2. Jennifer Belpedio County Attorney Office 3. BCC Office Board of County W\--N'\ Commissioners \( A / 4. Minutes and Records Clerk of Court's Office ```p tP6 Wsitot PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. - Name of Primary Staff Susan Golden/CHS Phone Number 252-2336 Contact/ Department Agenda Date Item was 06/25/2019 Agenda Item Number 16.D.1 Approved by the BCC V Type of Document 15 subrecipient agreements for HUD funcj�d' Number of Original 45 (15 agreements x 3 Attached activities in FY 2019-2020 1/ Documents Attached sets each PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) A plicable) 1. Does the document require the chairman's original signature? S6A tMY 0 K 2. Does the document need to be sent to another agency for additional signatures? If yes, A provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SG signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SG document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SG signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to lahassee within a certain time frame or the BCC's actions are nullified. Be aware o our deadlines! 8. The document was approved by the BCC 06/25/2019 and all changes made during the SG N/A is not meeting have been incorporated in the attached document. The County Attorney's an option for Office has reviewed the changes,if applicable. _ this line. 9. Initials of attorney verifying that the attached document is the version approved by the _ N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for e n option for Chairman's signature. a' 3 is line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6 D 1 MEMORANDUM Date: June 27, 2019 To: Susan Golden, Senior Grants & Housing Coordinator Community & Human Services From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Subrecipient Agreement between Collier County and Collier County Hunger & Homeless Coalition, Inc. Attached, please find two (2) original copies of the document referenced above, (Item #16D1) approved by the Board of County Commissioners Tuesday, June 25, 2019. The third original subrecipient agreement will be held in the Minutes and Records Department for the Board's Official Record. If you have any questions, please contact me at 252-8406. Thank you. Attachment 1601 FAIN# E-19-UC-12-0016 Federal Award Date EST 10/2019 Federal Award Agency HUD CFDA Name Emergency Solutions Grant CFDA/CSFA# 14.231 Total Amount of $40,000.00 Federal Funds Awarded Subrecipient Name COLLIERCOUNTY HUNGER& HOMELESS COALITION, INC. DUNS# 150713423 FEIN 04-3610154 R&D No Indirect Cost Rate No Period of Performance December 1, 2019— November 30, 2020 Fiscal Year End 12/31 Monitor End: 08/21 AGREEMENT BETWEEN COLLIER COUNTY AND COLLIER COUNTY HUNGER AND HOMELESS COALITION,INC. Homeless Management Inform�otg.System Project THIS AGREEMENT is made and entered into this J day of Q , 2019, by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC., a private not-for-profit corporation existing under the laws of the State of Florida, ("SUBRECIPIENT")having its principal office at 3510 Kraft Rd, Suite 200,Naples,FL 34101. WHEREAS, the COUNTY is an entitlement County of the United States Department of Housing and Urban Development (HUD) for a grant to execute and implement the Emergency Solutions Grant (ESG) grant program in certain areas of Collier County, pursuant to the Homeless Emergency Assistance and Rapid Transition to Housing(HEARTH)Act(24 CFR 576)amending the McKinney-Vento Homeless Act(42 U.S.C. 11371-11378); and WHEREAS, pursuant to the aforesaid agreement, COUNTY is undertaking certain activities to primarily benefit homeless individuals in Collier County with the use of ESG funds to improve the quality of life in Collier County by providing assistance for any of the following five (5) program components (street outreach, emergency shelter, homelessness prevention, rapid re-housing assistance and Homeless Management Information System [HMIS]); and Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 1 16D1 WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan-One-Year Action Plans for Federal Fiscal Year 2019-2020 for the ESG Program at the June 25, 2019, Agenda Item ►6 -Z Board of County Commissioners meeting. NOW,THEREFORE,in consideration of the mutual benefits contained herein,it is agreed by the Parties as follows: PART 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 Community and Human Services Division(CHS), perform the tasks necessary to conduct the program as follows: PROJECT DETAILS Emergency Solutions Grant ESG Program,Homeless Management Information System Project: Project Component One: Software costs, administration, technical assistance and maintenance of HMIS system to maintain maximum utilization of allocated user licenses throughout contract duration. Project Component Two: Equipment Project Component Three:Additional Licenses 1. Project Tasks: a. Attend monthly Continuum of Care meeting and provide HMIS updates b. Provide quarterly reports on meeting an ESG Eligible Activity 2. ESG Documentation Requirements Compliance Criteria: Activities carried out with funds provided under this Agreement will contribute to a program designed to be the first step in a continuum of assistance to enable homeless individuals and families to move toward independent living,as well as prevent homelessness, as defined in 24 CFR Part 576 (Subpart B Eligible Activities 576.21). 1.1 GRANT AND SPECIAL CONDITIONS A. Within sixty (60)calendar days of the execution of this Agreement, the SUBRECIPIENT must deliver to CHS all Grant and Special Conditions policies, as outlined in Section 1.1 B.,below. B. The following resolutions and policies must be submitted within 60 days of this agreement. Affirmative Fair Housing Policy Affirmative Action/Equal Opportunity Policy Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 2 1601 • Affirmative Action Plan ▪ Conflict of Interest Policy ▪ Procurement Policy ❑ Uniform Relocation Act Policy • Sexual Harassment Policy ® Procedure for meeting the requirements set forth in Section 3 of the Housing and Urban Development Act of 1968, as amended(12U.S.C. 794 1 u) ❑ Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794) ® Fraud Policy ® Violence Against Women Act(VAWA) Policy ® LGBTQ Policy C. Environmental Review Requirement (ERR) - No program costs can be incurred until an environmental review of the proposed project is completed and approved. Further, the SUBRECIPIENT will not undertake any activity or commit any funds prior to the CHS Notice to Proceed(NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.1.1 PROJECT DETAILS A. Project Description/Budget The budget identified for the Homeless Management Information System (HMIS) shall be as follows: Description Federal Amount ESG Match 1:1 Project Component 1: Software costs, administration, $35,000.00 technical assistance and maintenance of HMIS system to maintain maximum utilization of allocated user licenses throughout contract duration. Project Component 2: Equipment $1,468.75 Project Component 3: Additional Licenses $ 3,531.25 ESG Match Requirement: Match is required for a minimum of Documentation of $34,900.00 dollar for dollar, to the total amount required, with each ESG Eligible submitted pay request. Matching Funds Total Federal Funds: $40,000.00 $34,900.00 The SUBRECIPIENT will accomplish the following checked project tasks: n Pay all closing costs related to property conveyance n Maintain and provide to the COUNTY, as requested, beneficiary income certification documentation,which supports the presumed benefit of homeless participants ▪ Provide Quarterly Reports and project progress • Required attendance by a representative from executive management at quarterly partnership meetings, as requested by CHS. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 3 1 6 D 1 ❑ Provide monthly construction and rehabilitation progress reports until completion of construction or rehabilitation. ❑ Identify Lead Project Manager ❑ Provide Site Design and Specifications ❑ Comply with Davis Bacon Labor Standards ❑ Provide certified payroll weekly throughout construction and rehabilitation ❑ Comply with Uniform Relocation Act(URA),if necessary ❑ Ensure applicable numbers of units are Section 504/ADA accessible ❑ Ensure the applicable affordability period for the project is met B. Program Components/Eligible Activities All services/activities funded with ESG funds must meet one of the ESG program components, as defined in 24 CFR 576: • Street Outreach: funds may cover costs related to essential services for unsheltered persons(including emergency health or mental health care,engagement,case management and services for special populations. • 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 abuse treatment,transportation and services for special populations). • Homelessness Prevention and Rapid Re-Housing: both components fund housing relocation and stabilization services (including rental application fees, security deposits, utility deposits or payments, last month's rent and housing search and placement activities).Housing may also be used for short or medium-term rental assistance for those who are at-risk of becoming homeless or transitioning to stable housing. • HMIS: funds may be used to pay the costs for contributing data to the HMIS designated by the Continuum of Care for the area. Eligible activities include (computer hardware, software,or equipment,technical support,office space,salaries of operators,staff training costs and participation fees). C. Project Outcome SUBRECIPIENT will complete HMIS activities such as, HMIS software and licenses for a maximum of 75 users. CHS may provide equipment to be used for the facilitation of the HMIS program. D. Performance Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies as stated in this Within sixty(60)days of agreement Policies(Section 1.1) agreement execution Insurance Insurance Certificate Within 30 days of agreement execution and annually within thirty (30)days of renewal Collier County Hunger and Homeless Coalition,Inc. ES I9-03 Project Name Page 4 1 6 D 1 Detailed project Schedule Project Schedule N/A Project Plans and Site Plans and Specifications N/A Specifications Subcontractor Log Subcontractor Log N/A Submission of Progress Quarterly Report—Exhibit C Quarterly;within 10 days after the Report end of the quarter. (even if zero) Final report due 60 days after agreement ends. Section 3 Report Quarterly reports on new hire Quarterly;within 10 days after the information end of the quarter, until project is complete Davis-Bacon Act Certified Weekly Certified Payroll N/A Payroll reports, forms, and supporting documentation Financial and Compliance Audit,Management Letter and Nine(9)months for Single Audit Audit Exhibit D OR one hundred and eighty(180) days after FY end. Program Income Reuse Plan Plan Approved by the County N/A E. Payment Deliverables Payment Deliverable Payment Supporting Documentation Submission Schedule Project Component 1: Software Exhibit B along with proof of invoice Monthly by 10`h of the costs, administration, payment as evidenced by cancelled month following the technical assistance and check or bank statement, vendor payment of software maintenance of HMIS system invoice, and any other documents that or other related to maintain maximum may be requested. invoices. utilization of allocated user licenses throughout contract duration. Project Component 2: Equipment Project Component 3: Additional Licenses ESG Match Exhibit B1 along with supporting match Monthly by 10t of the documentation month following the month of service. 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on December 1, 2019 and shall end on November 30, 2020. 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. 1.4 AGREEMENT AMOUNT Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 5 1601 The COUNTY agrees to make available FORTY THOUSAND DOLLARS AND ZERO CENTS ($40,000.00)for use by the SUBRECIPIENT,during the Term of the Agreement(hereinafter,shall be referred to as the "Funds"). Modifications to the`Budget and Scope"may only be made if approved in advance. Budgeted fund shifts between project components shall not be more than 10 percent and does not signify a change in scope. Fund shifts that exceed 10 percent of a project component shall only be made with Board approval. All services/activities specified in Part 1. 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 forth in Section 13.3. of this Agreement. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. The COUNTY shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of ESG funds until funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required backup, a $0 invoice will be required. Explanations may be required if two consecutive months of$0 invoices are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but,not more frequently than once per month. Reimbursement will not occur if SUBRECIPIENT fails to perform the minimum level of service required by this Agreement. Final invoices are due no later than 90 days after the end of the Agreement. Work performed during the term of the program but not invoiced within 90 days after the end of the Agreement may not be processed without written authorization from the Grant Coordinator. The County Manager or designee may extend the term of this Agreement for a period of up to 180 days after the end of the Agreement. Extensions must be authorized, in writing,by formal letter to the SUBRECIPIENT. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable Local, State, or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with Ch. 218, Part VII, Florida Statutes, otherwise known as the"Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the SUBRECIPIENT are governed by the Federal grants management rules for cost allowability found at 2 CFR 200 Subpart E-Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this Agreement, SUBRECIPIENT is defined as a described in 2 CFR 200.93.Accordingly,payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 6 cAJ 16131 Scope of Work. The SUBRECIPIENT may only incur direct costs that may be attributed specifically to the projects referenced above as defined in 2 CFR 200.413. The SUBRECIPIENT must provide adequate documentation for validating costs incurred. Payments to SUBRECIPIENT's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318-200.326. Allowable costs incurred by the Subrecipients and Contractors shall be in compliance with 2 CFR Subpart E-Cost Principles. A Developer is not subject to 2 CFR Subpart E, however the COUNTY is Subject to 2 CFR Subpart E and may impose requirements upon the Developer in order for the COUNTY to remain compliant with its obligation to follow 2 CFR Subpart E. The Developer will use adequate internal controls and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, and personal delivery, sent by facsimile or other electronic 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: Carolyn Noble, Grant Coordinator 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 Email: Carolyn.Noble@colliercountyfl.gov Telephone: (239)252-5393 SUBRECIPIENT COLLIER COUNTY HUNGER AND HOMELESS COALITION, INC. ATTENTION: Christine Welton, Executive Director Physical Address: 3510 Kraft Rd., Suite 200 Naples, FL 34105 Mailing Address: PO Box 9202,Naples,FL 34101 Telephone: (239)263-9363 Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 7 CF 1601 PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY(and/or its representatives) may deem necessary, 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 organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The SUBRECIPIENT hereby agrees to have an annual agency audit conducted in accordance with current COUNTY policy concerning SUBRECIPIENT audits. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 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: A. All records required by ESG regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records, and other data procedures developed,prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY, by the SUBRECIPIENT,at any time,upon request by the COUNTY or CHS.Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail 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. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event,the SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily accessible, permanent, and secured location for five (5) years after the date of Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 8 CNC 1601 submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333,with the following exception: if any litigation,claim, or audit is started before the expiration date of the five(5)year period,the records will be maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement of the address where the records are to be kept, as outlined in 2 CFR 200.336: The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the COUNTY in a format that is compatible with the information technology systems of the COUNTY. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-252-6832, Michael.Cox@colliercountyfl.gov,3299 Tamiami Trail E,Naples FL 34112. E. SUBRECIPIENT shall document how the Program Component(s), as defined in 24 CFR 576.100 and the eligibility requirement(s) under which funding has been received, have been met. These also include special requirements such as necessary and appropriate determinations, as defined in 24 CFR 576.100, income certification, and written agreements with beneficiaries,where applicable. F. SUBRECIPIENT shall provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this Chapter 119,Florida Statutes or as otherwise provided by law. SUBRECIPIENT shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by 2 CFR 200.336 and 2 CFR 200.337. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit monitoring report(Exhibit D) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. SUBRECIPIENT agrees that CHS may carry out no less than one (1) annual on-site monitoring visit and evaluation activities, as determined necessary. At the COUNTY's discretion, a 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 Collier County Hunger and Homeless Coalition,Inc. ES I9-03 Project Name Page 9 1601 request of CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled, as determined by CHS or HUD. COUNTY will monitor the performance of the SUBRECIPIENT in an attempt to mitigate fraud, waste, abuse, or non-performance based on goals and performance standards, as stated, with all other applicable laws,regulations,and policies governing the funds provided under this Agreement further defined by 2 CFR 200.331. Substandard performance,as determined by the COUNTY,will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY,contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s) access to all records related to performance of activities in this Agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all Program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records,employees, and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate, and prevent waste,fraud, and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this Agreement.Penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. To effectively enforce COUNTY Resolution No. 2013-228, CHS has adopted an escalation policy to ensure continued compliance by Subrecipients, Developers, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the SUBRECIPIENT and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 10 1601 • Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. • CHS will be available to provide Technical Assistance (TA) to the entity, as needed, in order to correct the non-compliance issue. 2. If in the case a Subrecipient fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. • The COUNTY may require upwards of five percent(5%)of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The SUBRECIPIENT may be denied future consideration as set forth in Resolution No. 2013-228 3. If in the case the SUBRECIPIENT continues to fail to correct the outstanding issue or repeats an issue that was previously corrected and has been informed by the Division of their substantial non-compliance by certified mail; the Division may require a portion of the awarded grant amount or the amount of the ESG investment for acquisition of the properties conveyed, be returned to the Division. • The Division may require upwards of ten percent (10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. • The entity will be in violation of Resolution No. 2013-228 4. If in the case after repeated notification the SUBRECIPIENT continues to be substantially non- compliant, the Division may recommend the contract or award be terminated. • The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The SUBRECIPIENT will be required to repay all funds disbursed by the COUNTY for project that was terminated. This includes the amount invested by the COUNTY for the initial acquisition of the properties or other activities. • The SUBRECIPIENT will be in violation of Resolution No. 2013-228 If in the case the SUBRECIPIENT has multiple agreements with the Division and is found to be non-compliant,the above sanctions may be imposed across all awards at the BCC's discretion. 2.6 REPORTS 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. Collier County Hunger and Homeless Coalition,Inc. ES19-03 Project Name Page 11 CAD 1601 During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January,April,July and October,respectively,for the prior quarter period end.As part of the report submitted in October, 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 a sample reporting form to be used in fulfillment of this requirement. Other reporting requirements may be required by the County Manager or designee, in the event of Program changes; the need for additional information, or documentation arises; and/or legislative amendments are enacted. Reports 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. 2.7 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 or her sole discretion and judgment,that the Funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 12 1 6 D 1 PART III TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 576, the U.S. Housing and Urban Development regulations concerning the 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 Agreement. The SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to,or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an "independent contractor"with respect to the services to be performed under this Agreement. The COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent contractor. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the COUNTY's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the COUNTY or SUBRECIPIENT from its obligations under this Agreement. The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State, or governmental guidelines, policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from ESG grant funds, provided by 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 or her sole discretion and judgment,that Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 13 CAO 1601 the funds are no longer available. In the event of such termination, the SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of the County Commissioners and/or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,costs,and causes of action which may arise out of an act, omission, including,but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive the expiration or termination of this Agreement. 3.7 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, whether printed or digitally prepared and released by the SUBRECIPIENT for, on behalf of,and/or about the Program shall include the statement: "FINANCED IN PART BY THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT(HUD)AND COLLIER COUNTY COMMUNITY AND HUMAN SERVICES DIVISION" and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team, as well as Equal Housing Opportunity,to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES,AND TERMINATION In accordance with 2 CFR 200.339, 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 terminations, the portion to be terminated. However, if in the case of a partial termination, the COUNTY determined 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. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 14 0 1601 The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes, regulations, executive orders, and HUD guidelines, policies, or directives as may become applicable at any time; B. Failure,for any reason,of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the COUNTY reports that are incorrect or incomplete in any material respect. E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; G. Failure to materially comply with the terms of any other agreement between the COUNTY and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement,the COUNTY may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the COUNTY of all ESG funds that SUBRECIPIENT has received under this Agreement; D. Apply sanctions, if determined by the COUNTY to be applicable; E. Stop all payments, until identified deficiencies are corrected; F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination.If the Agreement is terminated by the COUNTY, as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 MATCH REQUIRED SUBRECIPIENT must match ESG grant funds as referenced in 1.1.1.A. Project Description/Budget and pursuant to 24 CFR 576.201. Matching funds shall be provided after the date of the grant award. Funds used to match a previous ESG grant may not be used to match a subsequent grant award. A SUBRECIPIENT may comply with its 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 Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 15 1 6 D 1 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),to include the value of any real property,equipment, goods,or services contributed to the SUBRECIPIENT's ESG program,provided that if the SUBRECIPIENT had to pay for them with grant funds,the costs would have been allowable.Non-cash contributions may include: a. The purchase value of any donated material or building. SUBRECIPIENT shall determine the value of any donated material or building,or of any lease,using a method reasonably calculated to establish a fair market value. b. Match in the form of services provided by individuals must be valued at rates consistent with those ordinarily paid for similar work in the SUBRECIPIENT's organization. If the SUBRECIPIENT does not have employees performing similar work,the rates must be consistent with those ordinarily paid by other employers for similar work in the same labor market. 3. Costs paid by program income shall count toward meeting the SUBRECIPIENT's matching requirements,provided the costs are eligible ESG costs that supplement the ESG program. 3.10 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY(whether under this Agreement, or at law or in equity),the SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination(or expiration)and any accounts receivable attributable to the use of ESG funds. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right (nor excuse SUBRECIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY may deem necessary. Regulations regarding real property and equipment are subject to 2 CFR 200.311. 3.11 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required, as outlined in Exhibit"A" and 2 CFR 200.310 has been obtained and said insurance shall be carried at all times during SUBRECIPIENTS's performance under the agreement. 3.12 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the Emergency Solutions Grant. (24CFR576 et seq.) Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 16 Cg� 1601 3.13 PURCHASING SUBRECIPIENT is required to follow Federal Procurement standards at(2 CFR 200.318 through .326) and Collier County's Procurement Ordinance #2017-08, as amended. Current purchasing thresholds are: Range: Competition Required $0-$3,000 Single Quote with documentation $3,000- $50,000 3 Written Quotes $50,000+ Formal Solicitation (ITB, RFP, etc) All improvements specified in Part I. Scope of Work shall be performed by SUBRECIPIENT employees, or shall be put out to competitive bidding, under a procedure acceptable to the COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts for improvements with the lowest, responsible, and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.14 PROGRAM-GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of ESG funds disbursed under this Agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the Emergency Solutions Grant Program. Any"Program Income" (as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by ESG funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 576.201 in the operation of the Program. When program income is generated by an activity that is only partially funded with ESG funds,the income shall be prorated to reflect the percentage of ESG funds used. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's Emergency Solutions Grant Program,for further reallocation. 3.15 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, program income balances, and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the records retention outlined in Part 2.2, the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation, and retention. A conflict between State and Federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97,Florida Single Audit Act. Closeout procedures must take place in accordance with 2 CFR 200.343 and ensure all federal grant requirements have been completed. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 17 16 ® 1 3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,discrimination under any activity carried out by the performance of this Agreement on the basis of race, color, disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,the COUNTY shall have the right to terminate this Agreement. To the greatest extent feasible, homeless individuals have priority over other Section 3 residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations at 24 CFR Part 135 requires that to the greatest extent feasible employment and economic opportunities be directed to low and very low income residents of the area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area(as defined in 42 U.S.C. 5302(a)) in which the project is located. To the maximum extent practicable,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. 3.17 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 Agreement.As used in this Agreement,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. 3.18 PROGRAM BENEFICIARIES N/A 3.19 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. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 18 CA 16D � The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 3.20 CONFLICT OF INTEREST The SUBRECIPIENT covenants that no person under its employ, who presently exercises any functions or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 576.404,2 CFR 200.318,and the State and County statutes, regulations, ordinances, or resolutions governing conflicts of interest. The SUBRECIPIENT will notify the COUNTY, in writing, and seek COUNTY approval prior to entering into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled, in whole or in part, by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be in the COUNTY's sole discretion.This provision is not intended to limit SUBRECIPIENT's ability to self-manage the projects using its own employees. Any possible conflict of interest on the part of the SUBRECIPIENT, its employees, or its contractors shall be disclosed, in writing, to CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low- and moderate- income residents of the project target area. 3.21 EMERGENCY SHELTERS Any emergency shelter that receives assistance for shelter operations must also meet minimum safety, sanitation, and privacy standards(Exhibit E), as required by 24 CFR 576.403(b). 3.22 PERMANENT HOUSING Assistance for program participants to remain or move into housing must meet the minimum habitability standards(Exhibit F)provided in 24 CFR 576.403(c)and all applicable State and Local housing codes, licensing requirements, and any other requirements in the jurisdiction in which the housing is located regarding the condition of the structure and the operation of the housing. 3.23 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). 3.24 HOMELESS PARTICIPATION The SUBRECIPIENT must document its compliance with the homeless participation requirements under 24 CFR 576.405(c). Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 19 1601 3.25 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). 3.26 CONDITIONS FOR RELIGIOUS ORGANIZATIONS ESG funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in'Section 24 CFR 576.406. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: A. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. B. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. C. It will retain its independence from Federal, State, and Local governments and may continue to carry out its mission, including the definition, practice, and expression of its religious beliefs, provided that it does not use direct ESG funds to support any inherently religious activities, such as worship,religious instruction, or proselytizing. D. The funds shall not be used for the acquisition, construction, or rehabilitation of structures to the extent that those structures are used for inherently religious activities. Where a structure is used for both eligible and inherently religious activities, ESG funds may not exceed the cost of those portions of the acquisition, construction, or rehabilitation that are attributable to eligible activities in accordance with the cost accounting requirements applicable to ESG funds in this part. Sanctuaries, chapels, or other rooms that an ESG funded religious congregation uses as its principal place of worship,however,are ineligible for ESG funded improvements. 3.27 INCIDENT REPORTING If services to clients are to be provided under this Agreement, the SUBRECIPIENT and any subcontractors shall report knowledge or reasonable suspicion of abuse, neglect,or exploitation of a child,aged person, or disabled adult to the COUNTY. 3.28 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. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 20 n ,�y,; 160 PART IV GENERAL PROVISIONS 1. 24 CFR Part 576 Emergency Solutions Grants Program, as amended. — All the regulations regarding the ESG Program. 2. Environmental Protection Agency (EPA) regulations pursuant to 24 CFR Part 58, as amended. https://www.ecfr.gov/cgi-bin/text-idx?tp1=/ecfrbrowse/Title24/24 cfr5 8_main_02.tpl 3. Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended. https://www.hudexchange.info/resource/2184/housing-and-community- development-hcd-act-of-1974/ https://www.gpo.gov/fdsys/pkg/PLAW-104pub1120/html/PLAW-104pub1120.htm 4. Title VI of the Civil Rights Act of 1964 as amended, along with Executive Order 13166 https://www.hhs.gov/civil-rights/for-individuals/special-topics/needy-families/civil-rights- requirements/index.html https://www.justice.gov/crt/executive-order-13166 5. Title VIII of the Civil Rights Act of 1968 as amended https://www.eeoc.gov/laws/statutes/titlevii.cfm 6. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. https://www.law.cornell.edu/cfr/text/24/570.601 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. https://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 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. https://www.eeoc.gov/laws/statutes/titlevii.cfm 9. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements shall subject the COUNTY, the SUBRECIPIENT, and any of the SUBRECIPIENT's Subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. https://www.hudexchange.info/resource/2330/24-cfr-part-13 5-section-3-regulations/ Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 21 1601 10. The SUBRECIPIENT further agrees to comply with these"Section 3"requirements and to include the following language in all subcontracts executed under this Agreement: A. "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area,and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located." 11. The SUBRECIPIENT further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation(including reduction and abatement of lead- based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the ESG-funded project is located; where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low- income residents within the service area or the neighborhood in which the project is located,and to low-and very low-income participants in other HUD programs. 12. The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 13. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. https://www.hud.gov/program_offices/fair housing_equal_opp/fair_housing_and_related_law 14. Contract Work Hours and Safety Standards Act, 40 USC 327-332. https://www.dol.gov/whd/regs/statutes/safe01.pdf 15. Section 504 of the Rehabilitation Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8. https://www.hud.gov/sites/documents/5784_N 01 NOTICE_5 15_14.PDF 16. Title II of the Americans with Disabilities Act (42 U.S.C. 12131 et seq.) and 28 CFR Part 35 as applicable https://www.law.cornell.edu/uscode/text/42/12131 17. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. https://www.fhwa.dot.gov/real_estate/uniform_act/index.cfm 18. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 22 1601 19. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 - which prescribes goal percentages for participation of minority businesses in Emergency Solutions Grant Contracts.https://ogc.commerce.gov/page/executive-order-11625 20. 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. https://www.law.cornell.edulcfr/text/24/570.607 21. Public Law 100-430-the Fair Housing Act(42 U.S.C..3601,et seq.)and implementing regulations ° at 24 CFR Part 100. https://www.gpo.gov/fdsys/pkg/STATUTE-102/pdf/STATUTE-102- Pg1619.pdf 22. 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. https://www.uscis.gov/tools/glossary/immigration-reform- and-control-act-1986-irca 23. 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. http://sp 16/sites/HumanResources/Shared%20Documents/County-Practices-and-Procedures- f CMA)/CMA%205311%20Code%20of%20Ethics%20and%20Anti%20Fraud%2ONEW.pdf https://www.collierclerk.com/records-search/bmr-records-search 24. 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 SUBRECIPIENT's discretion. 25. Dispute Resolution-Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. Any situations when negotiations, litigation, and/or mediation shall be attended by representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person who would make the presentation of any settlement reached during negotiations to COUNTY for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in state court and the US District Court, 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. Collier County Hunger and Homeless Coalition,Inc. ES I9-03 Project Name Page 23 1601 • 26. The SUBRECIPIENT agrees to comply with the following requirements: Clean Air Act,41 U.S.C. 7401, et seq. 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. https://www.gpo.gov/fdsys/pkg/USCODE-2010-title42/html/USCODE-2010-title42-chap85.htm https://www.gpo.gov/fdsys/pkg/USCODE-2011-title33/pdf/USCODE-2011-title33-chap26.pdf 27. 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. https://www.fema.gov/media-library/as sets/documents/7277 https://www.gpo.gov/fdsys/granule/CFR-2012-title24-vo l3/CFR-2012-titl e24-vo l3-secs 70-60 5 28. 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. http://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter63&edition=prelim 29. 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. https://www.nps.gov/history/local-law/nhpa1966.htm 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. 30. 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).https://www.gpo.gov/fdsys/granule/USCODE- 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detai1.html 31. 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). https://www.gpo.gov/fdsys/granule/USCODE- Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 24 (� 1601 2009-title41/USCODE-2009-title41-chap 10-sec701/content-detail.html 32. 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. https://www.law.cornell.edu/cfr/textl24/part-570/subpart-K 33. 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. 34. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180)days after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of OMB Audits of States,Local Governments,and Non-Profit Organizations. If this Agreement is closed out prior to the receipt of an audit report,the COUNTY reserves the right to recover any disallowed costs identified in an audit after such closeout. 35. Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101), set forth in Appendix A to 2 CFR Part 170 https://www.gpo.gov/fdsys/pkg/PLAW-109pub1282/pdf/PLAW- 109pub1282.pdf 36. 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). https://www.gpo.gov/fdsys/granule/CFR-2009-title49-voll/CFR- 2009-title49-vol 1-part24 37. 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. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&Search_String=&UR L=0200-0299/0287/Sections/0287.133.html 38. Lobbying -No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,continuation,renewal, amendment,or modification of any Federal contract, grant, loan, or cooperative agreement. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 25 ?a� 1601 39. 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. https://www.law.comell.edu/cfr/text/24/part-87 40. 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; 41. 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. https://www.gpo.gov/fdsys/granule/USCODE-2010- title31/USCODE-20 10-title31-subtitleII-chap13-subchapIlI-sec 1352/content-detail.html 42. Travel reimbursement will be based on the U.S. General Services Administration (GSA)per diem rates in effect at the time of travel. https://www.gsa.gov/travel/plan-book/per-diem-rates 43. Any rule or regulation determined to be applicable by HUD. 44. Florida Statutes 119.021 Records Retention https://m.flsenate.gov/Statutes/119.021 45. Florida Statutes, 119.071, Contracts and Public Records https://www.lawserver.com/law/state/florida/statutes/florida statutes_119-07 46. Unaccompanied youth under 25 years of age, or families with children and youth who do not otherwise qualify as homeless under the definition of homeless in 24 CFR 576.2, but who are defined under Section 387(3) of the Runaway and Homeless Youth Act (42 U.S.C. 5732a(3)), Section 637(11) of the Head Start Act 42 U.S,C. 9832(11)), Section 41403(6) of the Violence Against Women Act of 1994 (42 U.S.C. 14043e-2(6)), Section 330(h)(5)(A) of the Public Health Service Act (42 U.S.C. 254b(h)(5)(A)), Section 3(m) of the Food and Nutrition Act of 2008 7 U.S.C.2012(m)), Section 17(b)(15) of the Child Nutrition Act of 1966 (U.S.C. 1786 (b)(15)), Section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a(2)) https://www.federalregister.gov/documents/2016/12/20/2016-30241/runaway-and-homeless- youth 47. Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act and regarding those items identified in 40 CFR Part 247 of the EPA guidelines https://www.epa.gov/enforcementlresource-conservation-and-recovery-act-rcra-and-federal- facilities https://www.law.cornell.edu/cfr/text/40/247.1 (Signature Page to Follow) Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 26 �� 1601 IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date first written above. ATTOSK BOARD OF 'I) 11, COMMISSIONERS OF CRItTkr,I .KINZEI ,CLERK COLLIERr�Y, FLOR `..//��" t 0 pu 31er< WI 'IAM L. —VI-11. :;''AIRMAN Wg-ast-asto-C To sigma I1 Date: 1 Zr- 1 1 9 ��� 'G COLLIER COUNTY HUNGER AND HOMELESS Dated: -1 COALI ION, INC. (SEAL) By: I .43_ 110 _ 4".111;. _ CHRISTINE WELTON, EX 'erI E DIRECTOR Date: i 2- /9 Approved as to form and legality: z)\. Jennifer elpedioy09) CS\: Assistant County Attorney 1J \ Date: Co \` 5\\`'‘ Item#1 —, Ageh� -- :35 19 Date R 1i1t i / ! . r t Deputy G, Collier County Hunger and Homeless Coalition,Inc. ES19-03 Project Name Page 27 16D1 EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County,do Community and Human Services Division,3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above,a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two(2)years after the Certificate of Occupancy is issued. 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). Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 28 16D1 OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract. 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. . Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. 10. Property Insurance coverage on an"All Risk"basis in an amount not less than one hundred(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A(As Their Interest May Appear). 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program(NFIP). The policy must show Collier County as a Loss Payee with respect to this coverage A.T.I.M.A. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 29 C:?, O 1601 EXHIBIT "B" COLLIER COUNTY COMMUNITY AND HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Subrecipient Name: Collier County Hunger and Homeless Coalition, Inc. Subrecipient Address: PO Box 9202,Naples, FL 34101 Project Name: Emergency Solutions Grant— HMIS Project No: ES 19-03,IDIS # Payment Request# Total Payment Minus Retainage: Period of Availability: 12/01/19 through 11/30/20 Period for which the Agency has incurred the indebtedness through SECTION II: STATUS OF FUNDS 1.Grant Amount Awarded $ 2.Sum of Past Claims Submitted on this Account $ 3.Total Grant Amount Awarded Less Sum of Past Claims Submitted on this Account $ 4.Amount of Today's Request $ 5.10%Retainage Amount Withheld $ 6.Current Grant Balance (Initial Grant Amount Award request) (includes Retainage) $ I certify that this request for payment has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT. To the best of my knowledge and belief, all grant requirements have been followed. Signature Date Title Authorizing Grant Coordinator Authorizing Grant Accountant Supervisor Division Director (Approval Required $15,000 and above) Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 30 1601 MATCH FORM COLLIER COUNTY EXHIBIT B1 REQUEST FOR MATCH SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Sub recipient Address: Project Name: Project No: Match Request#: Match Amount Requested Today: SECTION II: STATUS OF FUNDS 1. Total Match Amount Per Agreement $ 2. Total Amount of Previous Match Submitted $ 3. Total Match Amount Awarded Per Agreement Less Total Amount of Previous Match Submitted $ 4. Amount of Today's Request $ 5. Match Balance(Match per Agreement Less the Sum of All Match submitted) $ I cert that this request for payment/match has been made in accordance with the terms and conditions of the Agreement between the COUNTY and us as the SUBRECIPIENT/DEVELOPER. To the best of my knowledge and belief all grant requirements have been followed. Signature . Date Title Authorizing Grant Authorizing Grant Accountant Supervisor Department Director Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 31p �� 1611 EXHIBIT "C" HMIS (ESG) Quarterly Report Report Criteria for ALL users: 1. Number of current licensed users: 2. Number of new users this quarter: 3. Number of Training Sessions Provided: 4. Number of Technical Assistance Calls: 5. Number of current Agencies: 6. Number of Agencies set up this quarter: 7. Number of new projects set up by Administrator by type: Shelter Operations Emergency Shelter Rapid Re-housing Outreach Coordinated Assessment Homelessness Prevention Transitional Housing Permanent Housing Other(describe) Other(describe) Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 32 , 16 i EXHIBIT "D" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR Part 200.331 requires Collier County to monitor subrecipients of federal awards to determine i subrecipients are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate documentation is provided regarding your organization's compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with the guidelines established by established by 2 CFR Part 200, Subpart F —Audit Requirements. This form may be used to monitor Florida Single Audit Act (Statute 215.97) requirements. Subrecipient Name First Date of Fiscal Year (MM/DD/YY) Last Date of Fiscal Year (MM/DD/YY) Total Federal Financial Assistance Expended Total State Financial Assistance Expended during during most recently completed Fiscal Year most recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The federal/state expenditure threshold for our fiscal year ending as indicated above has been met and a Single Audit as required by 2 CFR Part 200, Subpart F has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ 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. C. Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit report. While we ❑ understand that the audit report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s) being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions, procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/18 Collier County Hunger and Homeless Coalition,Inc. ES19-03 Project Name Page 33 1 6 D 1 EXHIBIT "E" HMIS COMPONENT The SUBRECIPIENT must adhere to 24 CFR 576.107 for the following eligible costs and general restrictions as applicable: 24 CFR 576.107:HMIS component. The SUBRECIPIENT may use ESG funds as follows: (a)Eligible costs. (1)The recipient or subrecipient may use ESG funds to pay the costs of contributing data to the HMIS designated by the Continuum of Care for the area, including the costs of: (i)Purchasing or leasing computer hardware; (ii)Purchasing software or software licenses; (iii)Purchasing or leasing equipment, including telephones, fax machines, and furniture; (iv) Obtaining technical support; (v) Leasing office space; (vi)Paying charges for electricity, gas, water, phone service, and high-speed data transmission necessary to operate or contribute data to the HMIS; (vii)Paying salaries for operating HMIS, including: (A) Completing data entry; (B)Monitoring and reviewing data quality; (C) Completing data analysis; (D) Reporting to the HMIS Lead; (F)Training staff on using the HMIS or comparable database; and (G)Implementing and complying with HMIS requirements; (viii)Paying costs of staff to travel to and attend HUD-sponsored and HUD-approved training on HMIS and programs authorized by Title IV of the McKinney-Vento Homeless Assistance Act; (ix)Paying staff travel costs to conduct intake; and Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 34 (2c— . 1 6 D 1 (x)Paying participation fees charged by the HMIS Lead, if the recipient or subrecipient is not the HMIS Lead. The HMIS Lead is the entity designated by the Continuum of Care to operate the area's HMIS. (2)If the recipient is the HMIS lead agency, as designated by the Continuum of Care in the most recent fiscal year Continuum of Care Homeless Assistance Grants Competition, it may also use ESG funds to pay the costs of: (i)Hosting and maintaining HMIS software or data; (ii)Backing up,recovering, or repairing HMIS software or data; (iii)Upgrading,customizing, and enhancing the HMIS; (iv)Integrating and warehousing data, including development of a data warehouse for use in aggregating data from subrecipients using multiple software systems; (v)Administering the system; (vi)Reporting to providers,the Continuum of Care, and HUD; and (vii)Conducting training on using the system or a comparable database, including traveling to the training. (3)If the subrecipient is a victim services provider or a legal services provider, it may use ESG funds to establish and operate 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. (b) General restrictions. Activities funded under this section must comply with HUD's standards on participation, data collection, and reporting under a local HMIS. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 35 0 1601 EXHIBIT"F" PERMANENT HOUSING The SUBRECIPIENT must adhere to 24 CFR 576.403(b) for the following minimum standards for Permanent Housing, as applicable: 24 CFR 576.403(c): Minimum standards for permanent housing. The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into housing that does not meet the minimum habitability standards provided in this paragraph. The COUNTY may also establish standards that exceed or add to these minimum standards. (1) Structure and materials.The shelter building must be structurally sound to protect residents from the elements and not pose any threat to health and safety of the residents. Any renovation(including major rehabilitation and conversion)carried out with ESG assistance must use Energy Star and WaterSense products and appliances. (2) Access.The shelter must be accessible in accordance with Section 504 of the Rehabilitation Act(29 U.S.C. 794) and implementing regulations at 24 CFR Part 8;the Fair Housing Act (42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the Americans with Disabilities Act(42 U.S.C. 12131,et. Seq.)and 28 CFR part 35;where applicable. (3) Space and security. Except where the shelter is intended for day use only, the shelter must 'provide each program participant in the shelter with an acceptable place to sleep and adequate space and security for themselves and their belongings. (4) Interior air quality. Each room or space within the shelter must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents. (5) Water supply. The shelter's water supply must be free of contamination. (6) Sanitary facilities. Each program participant in the shelter must have access to sanitary facilities that are in proper operating condition, are private and are adequate for personal cleanliness and the disposal of human waste. (7) Thermal environment. The shelter must have any necessary heating/cooling facilities in proper operating condition. (8) Illumination and electricity. The shelter must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the shelter. (9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment to store, prepare,and serve food in a safe and sanitary manner. (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. Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 36 161) 1 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 51 c); (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.)); (12) Transitional Housing Assistance Grants for Victims of Sexual Assault,Domestic Violence, Dating Violence, and Stalking Program (section 40299 of the Violent Crime Control and Law Enforcement Act(42 U.S.C. 13975)); (13) Homeless Veterans Reintegration Program (section 5(a)(1)) of the Homeless Veterans Comprehensive Assistance Act(38 U.S.C. 2021); (14) Domiciliary Care for Homeless Veterans Program(38 U.S.C.2043); (15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61); (16) Health Care for Homeless Veterans Program(38 U.S.C. 2031); (17) Homeless Veterans Dental Program(38 U.S.C. 2062); (18) Supportive Services for Veteran Families Program(38 CFR part 62); and (19) Veteran Justice Outreach Initiative(38 U.S.C. 2031). Collier County Hunger and Homeless Coalition,Inc. ES 19-03 Project Name Page 37 16p1 (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. 14370(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 HUD, each ESG-funded program or project within the Continuum of Care's area must use that assessment system. The COUNTY and SUBRECIPIENT must work with the Continuum of Care to ensure the screening, assessment and referral of program participants 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 SUBRECIPIENT must have written standards for providing ESG assistance and must consistently apply those standards for all program participants. At a minimum these written standards must include: (1) Standard policies and procedures for evaluating individuals' and families' eligibility for assistance under ESG; (2) Standards for targeting and providing essential services related to street outreach; (3) Policies and procedures for admission, diversion, referral, and discharge by emergency shelters assisted under ESG, including standards regarding length of stay, if any, and safeguards to meet the safety and shelter needs of special populations, e.g., victims of domestic violence, dating violence, sexual assault, and stalking; and individuals and families who have the highest barriers to housing and are likely to be homeless the longest; (4) Policies and procedures for assessing, prioritizing, and reassessing individuals' and families'needs for essential services related to emergency shelter; (5) Policies and procedures for coordination among emergency shelter providers, essential services providers, homelessness prevention, and rapid re-housing assistance providers; other homeless assistance providers; and mainstream service and housing providers (see §576.400(b) and (c) for a list of programs with which ESG-funded activities must be coordinated and integrated to the maximum extent practicable); _ A_ ..._.e---- — Collier County Hunger and Homeless Coalition,Inc. ESi9.03 Project Name Page 38 1601 #. (6) Policies and procedures for determining and prioritizing which eligible families and individuals will receive homelessness prevention assistance and which eligible families and individuals will receive rapid re-housing assistance; (7) Standards for determining what percentage or amount of rent and utilities costs each program participant must pay while receiving homelessness prevention or rapid re-housing assistance; (8) Standards for determining how long a particular program participant will be provided with rental assistance and whether and how the amount of that assistance will be adjusted over time; and (9) 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 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. • Collier County Hunger and Homeless Coalition,Inc. ESI 9-03 Project Name Page 39 OdO