Agenda 06/08/2021 Item #16D 8 (Subrecipient Agreement between BCC & Collier County Hunger & Homeless Coalition, Inc. )06/08/2021
EXECUTIVE SUMMARY
Recommendation to approve a subrecipient agreement between Collier County Board of County
Commissioners and the Collier County Hunger & Homeless Coalition, Inc. for $275,393 of FY2019
Emergency Solutions Grant Funds-CARES Act Funding Round 2 and authorize the Chairperson to
sign the agreement.
OBJECTIVE: Provide funding to assist with the prevention, preparation, and response to COVID-19
among individuals and families who are homeless or receiving homeless assistance in Collier County.
CONSIDERATIONS: The U.S. Department of Housing and Urban Development (HUD) offers
entitlement funds in different programs to allow local governments to meet program -specific community
needs. As a result of the Coronavirus Pandemic, HUD is making additional funding available to local
communities to address the pressing needs of the community and those who have been impacted by
COVID.
On June 28, 2016, the Board of County Commissioners (Board) approved the County’s Five-Year
Consolidated Plan for use of entitlement funds for the period of FY2016-2021, Agenda Item #16D23. The
Board approved the One Year Action Plan for FY2019-2020 on June 25, 2019, Agenda Item #16D2. On
November 10, 2020, Agenda Item #16D8, the Board approved a substantial amendment to the County’s
FY 19-20 Action Plan to accept additional funding from HUD for the Round 2 of Emergency Solutions
Grant (ESG-CV) funding. On February 5, 2021, the County received its official award notification from
HUD for the ESG-CV Round 2 funding in the amount of $2,476,642.
The Collier County Hunger and Homeless Coalition (CCHHC) participated in the January application
process to administer a homeless prevention program. The review and ranking committee met on March
3, 2021, and the CCHHC project was recommended for funding. The recommended award amount is
$275,393 to provide rental assistance to those impacted by COVID who are facing eviction. On March
15, 2021, CCHHC was notified of its conditional award.
FISCAL IMPACT: This action has no new Fiscal impact. The funds reside in Fund (705) Housing
Grants, Project 33675. The subrecipients do not need to provide any match since it has been waived by
HUD.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires a
majority vote for Board approval. -JAB
GROWTH MANAGEMENT IMPACT: This item has no impact on the Housing Element of the
Growth Management Plan of Collier County.
RECOMMENDATION: To approve a subrecipient agreement between Collier County Board of County
Commissioners and the Collier County Hunger & Homeless Coalition, Inc. for $275,393 of FY2019
Emergency Solutions Grant Funds-CARES Act Funding Round 2 and authorize the Chairperson to sign
the agreement.
Prepared By: Carolyn Noble, Grant Coordinator, Community and Human Services Division
ATTACHMENT(S)
1. [linked] CCHHC ESG CV CAO Stamp COLOR (PDF)
16.D.8
Packet Pg. 1757
06/08/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.8
Doc ID: 15775
Item Summary: Recommendation to approve a subrecipient agreement between Collier County
Board of County Commissioners and the Collier County Hunger & Homeless Coalition, Inc. for $275,393
of FY2019 Emergency Solutions Grant Funds-CARES Act Funding Round 2 and authorize the
Chairperson to sign the agreement.
Meeting Date: 06/08/2021
Prepared by:
Title: – Community & Human Services
Name: Carolyn Noble
05/21/2021 10:07 AM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
05/21/2021 10:07 AM
Approved By:
Review:
Community & Human Services Michael Cox CHS Review Skipped 05/21/2021 10:07 AM
Public Services Department Michael Cox Public Services Department Skipped 05/21/2021 10:07 AM
Operations & Veteran Services Michael Cox Additional Reviewer Skipped 05/21/2021 10:07 AM
Community & Human Services Michael Cox Additional Reviewer Skipped 05/21/2021 10:07 AM
Community & Human Services Michael Cox Additional Reviewer Skipped 05/21/2021 10:07 AM
Community & Human Services Michael Cox Additional Reviewer Skipped 05/21/2021 10:07 AM
Grants Michael Cox Level 2 Grants Review Skipped 05/21/2021 10:07 AM
County Attorney's Office Michael Cox Level 2 Attorney of Record Review Skipped 05/21/2021 10:07 AM
Public Services Department Michael Cox PSD Department Head Skipped 05/21/2021 10:07 AM
Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 05/21/2021 10:07 AM
County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 05/21/2021 10:07 AM
Grants Therese Stanley Additional Reviewer Completed 05/25/2021 2:56 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/31/2021 4:53 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/28/2021 2:39 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/08/2021 9:00 AM
16.D.8
Packet Pg. 1758
FAIN #
E-20-UW42-0016
Federal Award Date
02/05/2021
Federal Award Agency
HUD
CFDA Name
Emergency Solutions
Grant (ESG CV)
CARES Act Funding
CFDA/CSFA#
14.231
Total Amount of Federal
Funds Awarded
$275,393.00
Subrecipient Name
Collier County Hunger
& Homeless Coalition,
Inc.
DUNS#
150713423
FEIN
04-3610154
R&D
No
Indirect Cost Rate
No
Period of Performance
January 1, 2021-
September 21, 2022
Fiscal Year End
12/31
Monitor End:
12/22
AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HUNGER & HOMELESS COALITION, INC.
ESG-CV HOMELESSNESS PREVENTION
THIS AGREEMENT is made and entered into this day of , 2021,
by and between Collier County, a political subdivision of the State of Florida, (COUNTY) having
its principal address at 3339 E. Tamiami Trail, Naples FL 34112, and COLLIER COUNTY
HUNGER & HOMELESS COALITION, INC. (CCHHC) (SUBRECIPIENT) having its principal
office at 1791 Trade Center Way, Suite D, Naples, FL 34109.
WHEREAS, the COUNTY has entered into an Agreement with the United States
Department of Housing and Urban Development (HUD) for a grant to execute and implement an
Emergency Solutions Grant Program (ESG) in certain areas of Collier County, pursuant to the
Emergency Solutions Grant Program — CARES Act Funding, Subtitle B of Title IV of the
McKinney-Vento Homeless Assistance Act, 42 U.S.C. 11371 et seq, and the CARES Act, Public
Law 116436; 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-CV
funds in preparing, preventing, and responding to COVID-19 by providing assistance for any of
the following five (5) program components (street outreach, emergency shelter, homelessness
CCHHC
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prevention, rapid rehousing assistance, and Homeless Management Information System [HMIS]);
and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved the
Collier County Consolidated Plan - One -Year Action Plan for Federal Fiscal Year 2019-2020 for
the ESG Program on June 25, 2019 — Agenda Item 16.D.2 .
WHEREAS, in accordance with HUD regulations and the Collier County Consolidated
Plan concerning the preparation of various Annual Action Plans, the COUNTY advertised the
2019 — 2020 Annual Action Plan, on April 21, 2020, with a 5-day Citizen Comment period fiom
April 21, 2020 to April 26, 2020; and
WHEREAS, the Board of County Commissioners of Collier County (Board) approved
substantial amendments to the Collier County Consolidated Plan for additional funding from the
ESG-CV Program Round 1 on May 12, 2020 — Agenda Item 16.17.1.17, and ESG-CV Program
Round 2 on November 10, 2020 — Agenda Item 16.D.8 ; and
WHEREAS, in accordance with the HUD Community Planning and Development Grant
Program Waiver Letter, issued April 2, 2020, the SUBRECIPIENT has submitted a proposal for
participation in the Collier County ESG Program; and
WHEREAS, the COUNTY and SUBRECIPIENT wish to set forth the responsibilities and
obligations of each in the undertaking the COVID-19 Project (ES20-02 ESG COVID-19 Homeless
Prevention.
NOW, THEREFORE, in consideration of the mutual benefits contained herein, it is
agreed by the Parties as follows:
PARTI
SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner• and consistent with any standards
required as a condition of providing ESG, as determined by Collier County Community and
Human Services Division (CHS), perform the tasks necessary to conduct the program as follows:
Project Name: ESG COVID49 Homeless Prevention
Description of project and outcome: Expand and improve crisis response rental assistance
to mitigate the risk of homelessness or eviction to those affected by COVID-19 for a period
not longer than 12 months.
Project Component One: Homelessness Prevention: Short- to Medium -Term rental
assistance including but not limited to, rental arrears, first month rent, last month rent,
security deposit, and utility deposits or payments.
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Project Component Two: Incidentals including but not limited to, landlord incentives and
rental application fees.
Project Component Three: CCHHC Personnel; which may include the salaries for those
assisting in COVID49 related prevention, preparation, and response, including but not
limited to the HMIS Administrator, Grants Administrator, and HMIS Data Specialist,
1. Project Tasks:
a. To prepare, prevent, and respond to those at risk of homelessness
using Homelessness Prevention
b. Maintain documentation on all households serviced, in compliance
with 24 CFR 576.500
c. Provide Quarterly reports on meeting an ESG-CV eligible activity
2. ESG Documentation Requirements Compliance Criteria:
Activities carried out with ESG-CV 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 for approval a detailed project schedule for
the completion of the project.
B. The following resolutions and policies must be submitted within sixty (60) days of
this Agreement:
/1
/1
/1
/1
►1
/1
CCHHC
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Affirmative Fair Housing Policy
Affirmative Action/Equal Opportunity Policy
Affirmative Action Plan
Conflict of Interest Policy
Procurement Policy
Uniform Relocation Act Policy
Sexual Harassment Policy
Section 3
Section 504/ADA Policy
® Fraud, Waste, and Abuse Policy
® Language Assistance and Planning Policy (LAP)
® Violence Against Women Act (VAWA) Policy
® LGBTQ Policy
C. Environmental Review Requirement (ERR) for theESG program - 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 issuance of the CHS Notice to Proceed
(NTP) letter. Violation of this provision will result in the denial of any
reimbursement of funds under this Agreement.
D. Annual Subrecipient Training
All SUBRECIPIENT staff assigned to the administration and implementation of
the Project, established by this Agreement, shall attend the CHS-sponsored Annual
Fair Housing training, except those who attended the training in the previous year.
In addition, at least one staff member shall attend all other CHS-offered training,
relevant to the Project, as determined by the Grants Coordinator, not to exceed four
(4) sessions. Requests for exemption, under this special condition, must be
submitted to the Grant Coordinator, in writing, at least 14 days, prior to the training.
1.2 PROJECT DETAILS
A. Project Description/Budget
Descri
lion
Federal Amount
Project
Component 1: Homelessness Prevention:
$215,393.00
Short- to Medium -Term rental assistance to include
but not
limited to, rental arrears, first month rent, last
month rent, security deposit, and utility deposits or
payments.
Project
Component 2: Incidentals to include, but not
$10,000.00
limited
landlord incentives and rental application fees.
Project
Component 3: CCHHC Personnel which may
$505000000
include
the salaries for those assisting in COVID-19
related
prevention, preparation, and response, to
include
but not limited to the HMIS Administrator,
Grants
Administrator and HMIS Data Specialist.
Total Federal Funds:
$275,393.00
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The SUBRECIPIENT may, with prior approval by the Grant Coordinator, adjust the budget
between Project Component 1 and Project Component 2, as needed, in order to respond to
the needs of the community. Total expenditures may not exceed the Total Federal Funds.
The SUBRECIPIENT will accomplish the following checked project tasks:
❑ Pay all closing costs related to property conveyance
® Maintain and provide to the COUNTY, as requested, beneficiary income
certification documentation
® Maintain Eligibility Documentation, retained at SUBRECIPIENT location
® Provide Quarterly Reports on project progress
® Ensure attendance by a representative from executive management at quarterly
partnership meetings, as requested by CHS
❑
Ensure attendance by a SUBRECIPIENT and General Contractor at Pre -
Construction meetings, prior to SUBRECIPIENT issuance of Notice to Proceed
(NTP)
❑
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
®
Comply with Section 3 and maintain documentation
❑
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
B. Program Components/Eligible Activities
All services/activities funded must meet the program components, as detailed in
Exhibits E, F. and G.
C. Performance Deliverables
Program Deliverable
Deliverable Suppotting
Submission Schedule
Documentation
Special Grant Condition
Policies as stated in this
Within sixty (60) days of
Policies Section 1.1
Agreement
Agreement execution
Insurance
Insurance Certificate
Within thirty (30) days of
Agreement execution and
annually within thirty (30) days
of renewal
Detailed Project Schedule
NA
N/A
Project Plans and
NA
NA
Specifications
Subcontractor Log
NA
NA
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Submission of Progress
Exhibit C and HMIS/SAGE
Quarterly reports and upload,
Report
CSV Upload
within 10 days after the end of
the quarter. Final report due 60
days after final services provided
or the Agreement ends,
whichever is earlier.
Section 3 Report
Quarterly reports on new
Quarterly; within 10 days after
hire information
the end of the quarter, until
project is complete,
Davis -Bacon Act Certified
NA
NA
Payroll
Annual Audit Monitoring
Exhibit D
Annually, within 60 days of FY
Report
end
Financial and Compliance
Audit, Management Letter,
Annually; nine (9) months after
Audit
and Supporting
FY end for Single Audit OR one
Documentation
hundred eighty (180) days after
FY end
Revenue Plan for
NA
NA
maintenance and Capital
Reserve
Continued Use
NA
NA
Certification
Program Income Reuse
NA
NA
Plan
Income Documentation
NA
N/A
D. Performance Measures
SUBRECIPIENT must expend 20 percent ($55,078.60) of the total award no later
than July 31, 2021. If SUBRECIPIENT does not meet this requirement, HUD
may reduce the award and recapture up to 20 percent of funds.
2. SUBRECIPIENT must expend 80 percent ($220,314.40) of the total award no later
than January 31, 2022. If SUBRECIPIENT does not meet this requirement, HUD
may reduce the award and recapture up to 80 percent of funds.
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E. Payment Deliverables
Payment Deliverables
Payment Deliverable
Payment Supporting Documentation
Submission Schedule
Project Component 1:
Exhibit B along with documentation
Monthly submission
Homelessness Prevention:
of at risk of homelessness, properly
within 30 days of
Short- to Medium -Term rental
completed invoices and proof of tent
prior month
assistance to include but not
payment as evidenced by cancelled
limited to, rental arrears, first
checks, bank statements, utility bills,
month rent, last month rent,
lease agreement, landlord agreement
security deposit, and utility
(initial payment only), and any
deposits or payments
additional documents as requested.
Project Component 2:
Exhibit B along with invoice for
Monthly submission
Incidentals to include, but not
services evidenced by cancelled
within 30 days of
limited to landlord incentives
checks, bank statements, and any
prior month
and rental application fees.
additional documents as requested.
Project Component 3: CCHHC
Exhibit B along with properly
Monthly submission
Personnel which may include
completed timesheets, payroll,
within 30 days of
the salaries for those assisting
banking, canceled checks, and any
prior month
in COVID49 related
additional documents as requested,
prevention, preparation, and
response, to include but not
Resume's will be requited in the first
limited to the HMIS
payroll
Administrator, Grants
Administrator and HMIS Data
Specialist.
1.3 PERIOD OF PERFORMANCE
SUBRECIPIENT services shall begin on January 1, 2021 and end on September 21, 2022.
The SUBRECIPIENT services/activities 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.
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.
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r
1A AGREEMENT AMOUNT
The COUNTY agrees to make available TWO HUNDRED SEVENTY FIVE
THOUSAND THREE HUNDRED NINETY THREE DOLLARS AND ZERO
CENTS ($275,393,00) 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 is allowed with prior written approval,
by the COUNTY.
All services/activities specified in Part 1 Scope of Services shall be performed by
SUBRECIPIENT or its subcontractors that meet Federal requirements. 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 disbursement 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 is 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.
No payment will be made until approved by CHS for grant compliance and adherence to
all applicable Local, State, or Federal requirements, including timely submission of
Performance Deliverables contained in Section 1.2.C. Laste submission of deliverables
may cause payment suspension of any pay requests until the required deliverables are
received by CHS. Except where disputed for noncompliance, payment will be made upon
receipt of a properly completed invoice and in compliance with Section 218.70, Part VII,
Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
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1.5 COST PRINCIPLES
Payments to the SUBRECIPIENT for ESG expenditures 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 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 Scope of Work. The
SUBRECIPIENT may only incur direct costs that may be attributed specifically to the
project(s) 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 200.318-200.327. Allowable costs
incurred by the SUBRECIPIENTS and contractors shall comply 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 n,colliercountyfl.gov
Telephone: (239) 450-5186
SUBRECIPIENT Michael Overway, Executive Director
Collier County Hunger &Homeless Coalition, Inc.
1791 Trade Center Way
Naples, FL 34109
Email: executivedirector@collierhomelesscoalition.org
Telephone:(239)263-9363
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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.
SUBRECIPIENT must fully clear any deficiencies noted in audit reports within 30 days
after receipt. SUBRECIPIENT's failure to comply with the above audit requirements will
constitute a violation of this Agreement and may result in the withholding of future
payments. The SUBRECIPIENT hereby agrees to obtain an annual agency audit conducted
in accordance with current COUNTY policy concerning SUBRECIPIENT audits.
The determination of Federal award amounts 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 ESG program
regulations, as provided in Exhibits E, F, and G, to determine compliance with the
requirements of this Agreement, the requisite Programs, and all other applicable laws and
regulations. This documentation shall include, but is not limited to, the following:
A. All records required by ESG regulations.
B. SUBRECIPIENT
shall keep
and maintain
public
records that
ordinarily and
necessarily would
be required
by COUNTY in order
to perform the
service.
C. SUBRECIPIENT shall make available to the COUNTY, at any time upon request
by CHS, all reports, plans, surveys, information, documents, maps, books, records,
and other data procedures developed, prepared, assembled, or completed by the
SUBRECIPIENT for this Agreement. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles (GAAP),
procedures, and practices, which sufficiently and properly reflect all revenues and
expenditures of funds provided directly or indirectly by this Agreement, including
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.
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D. Upon completion of all work contemplated under this Agreement, copies of all
documents and records relating to this Agreement shall be surrendered to CHS, if
requested. In any event, SUBRECIPIENT shall keep all documents and records in
an orderly fashion and in a readily accessible, permanent, and secured location for
five (5) years after the date of submission of the annual performance and evaluation
report, as described in 24 CFR 92.508(c). However, 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. If the SUBRECIPIENT ceases to exist after the closeout of this
Agreement, it will notify the COUNTY in writing, of the address where the records
are to be kept, as outlined in 2 CFR 200.337. 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 exempt or confidential public records that
are released from public records disclosure requirements. All records stored
electronically must be provided to the COUNTY in a format that is compatible with
the COUNTY's information technology systems.
IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT
239=252=6832, Michael.Cox a,colliercouniyfl.gov, 3299 Tamiami Trail E, Naples
FL 34112.
E. SUBRECIPIENT is responsible for the creation and maintenance of income
eligible files on clients served and documentation that all households are eligible
under HUD Income Guidelines. Income certification documentation will be
validated at interim and closeout monitorings, The SUBRECIPIENT agrees that
CHS shall be the final arbiter on the SUBRECIPIENT's compliance.
F. SUBRECIPIENT shall document how it cornplied with the Program components;
the applicable regulations included in Exhibits E, F, and G; and the eligibility
requirement(s) under which funding was received. This also includes special
requirements such as necessary and appropriate determinations, as defined in the
applicable exhibit, including income certification and written agreements with
beneficiaries, where applicable.
G. SUBRECIPIENT shall provide the public with access to public records on the same
terms and conditions that the COUNTY would provide the records and at a cost
that does not exceed the cost provided in Chapter 119, Florida Statutes or as
otherwise provided by law. SUBRECIPIENT shall ensure that exempt or
confidential public records that are released from public records disclosure
requirements are not disclosed, except as authorized by 2 CFR 200.337 and 2 CFR
200.338.
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2.3 MONITORING
During the term of this Agreement, SUBRECIPIENT shall submit to the COUNTY an
Annual Audit Monitoring report (Exhibit D) no later than 60 days after SUBRECIPIENT's
fiscal year end. In addition, SUBRECIPIENT shall submit to the COUNTY a Single Audit
report, Management Letter, and supporting documentation nine (9) months (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 desktop review of the activities may be conducted in lieu of an on -site visit.
The continuation of this Agreement is dependent on satisfactory evaluations. The
SUBRECIPIENT shall, upon the request of CHS, submit information and status reports
required by CHS or HUD to enable CHS to evaluate said progress and allow for completion
of required reports. 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 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 200.332. 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 time period after being notified
by the COUNTY, Agreement 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, WASTE, AND ABUSE
SUBRECIPIENT shall establish, maintain, and utilize internal systems and procedures
sufficient to prevent, detect, and correct incidents of fiaud, waste, and abuse in the
performance of this Agreement, and to provide proper and effective management of all
Program and Fiscal activities of the Agreement. SUBRECIPIENT's internal control
systems and all transactions and other significant events shall be clearly documented and
be readily available for monitoring by COUNTY.
SUBRECIPIENT shall provide COUNTY with 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 fraud, waste, and abuse.
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SUBRECIPIENT may not discriminate against any employee or other person who reports
to the COUNTY, or any appropriate law enforcement authority, a violation of the terms of
this Agreement or any law or regulation, if the report is made in good faith.
2.5 CORRECTIVi ACTION
Corrective action plans may be required for noncompliance, nonperformance, or
unacceptable performance under this Agreement. Penalties may be imposed for failure to
implement or 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. The escalation policy for noncompliance is as follows:
Initial noncompliance may result in Findings or Concerns being issued to the
SUBRECIPIENT, which requires the SUBRECIPIENT to submit a corrective
action plan to CHS within 15 days following issuance of the report.
• Any pay requests that have been submitted to CHS for payment will be held
until the corrective action plan has been submitted.
CHS will be available to
provide
Technical
Assistance (TA)
to the
SUBRECIPIENT, as needed,
in order
to correct
the noncompliance
issue.
2. If the SUBRECIPIENT fails to submit the corrective action plan in a timely
manner, CHS may require a portion of the awarded grant amount be returned
to the COUNTY.
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The COUNTY may require upwards of 5 percent of the award amount be
returned to the COUNTY, at the discretion of the Board.
The SUBRECIPIENT may be denied future consideration as set forth in
Resolution No. 2013-228
If SUBRECIPIENT remains noncompliant or repeats an issue that was
previously corrected, and has been informed by CHS of their substantial
noncompliance by certified mail; CHS may require a portion of the awarded
grant amount, or the amount of the investment for acquisition of the properties
conveyed, be returned to the COUNTY.
• CHS may require upwards of 10 percent of the award amount be returned
to the COUNTY, at the discretion of the Board.
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• The SUBRECIPIENT will be in violation of Resolution No. 2013-228
4. If after repeated notification the SUBRECIPIENT continues to be substantially
noncompliant, CHS may recommend the Agreement or award be terminated.
• CHS will make a recommendation to the Board to immediately terminate
the Agreement. The SUBRECIPIENT will be required to repay all funds
disbursed by the COUNTY for the 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 the SUBRECIPIENT has multiple agreements with CHS and is found to be
noncompliant, the above sanctions may be imposed across all awards at the Board's
discretion.
2.6 REPORTS
Reimbursement may be contingent upon the timely receipt of complete and accurate
reports required by this Agreement, and on the resolution of monitoring findings identified
pursuant to this Agreement, as deemed necessary by the County Manager or designee.
During the term of this Agreement, SUBRECIPIENT shall submit quarterly progress
reports to the COUNTY on the 1 Oth day of January, April, July, and October, respectively,
for the prior quarter period end. As part of the report submitted in October or when final
services are delivered, whichever is earlier, the SUBRECIPIENT also agrees to include a
comprehensive final report covering the agreed -upon Program objectives, activities, and
expenditures, including but not limited to performance data on client feedback with respect
to the goals and objectives set forth in Exhibit C, which contains a sample reporting form
to be used in fulfilling this requirement. Other reporting requirements may be requested 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.
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PART III
TERMS AND CONDITIONS
3.1 SUBCONTRACTS
This Agreement may be assigned or subcontracted with the written consent of the
COUNTY, which consent, if given, 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 Emergency Solutions Grant (ESG) except that (1) the SUBRECIPIENT does
not assume the COUNTY's environmental responsibilities described in 24 CFR 576.407;
(2) the SUBRECIPIENT does not assume the COUNTY's responsibility for initiating the
review process under the provisions of 24 CFR Part 52; (3) the SUBRECIPIENT is
required to follow federal procurement process; (4) the SUBRECIPIENT agrees to comply
with the requirements of Title 24 of the Code of Federal Regulations, Part 576 of the US
Housing and Urban Development Regulations concerning the HEARTH Act; and (5) for
Developers, revenue generated is not considered program income. 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 ernployerlemployee between the parties. The
SUBRECIPIENT shall always remain an "independent contractor" with respect to the
services to be performed under this Agreement. The COUNTY shall be exempt from
payment of all Unemployment Compensation, FICA, retirement, life and/or medical
insurance, and Workers' Compensation Insurance, as the SUBRECIPIENT is independent
from the COUNTY.
3.4 AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that
such amendments make specific tefetence 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.
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The COUNTY may, at its discretion, amend this Agreement to conform with Federal, State,
or Local guidelines, policies, available funding amounts, or other reasons. If such
amendments result in a change in the funding, scope of services, or schedule of the
activities to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both COUNTY and SUBRECIPIENT.
3.5 AVAILABILITY OF FUNDS
The parties acknowledge that the Funds originate from HUD provided ESG grant funds
and must be implemented in full compliance with all HUD's rules and regulations and any
agreement between COUNTY and HUD governing grant funds pertaining to this
Agreement. In the event of curtailment or non -production of said federal or state funds, the
financial sources necessary to continue to pay the SUBRECIPIENT all or any portion of
the funds will not be available. In that event, the COUNTY may terminate this Agreement,
which shall be effective as of the date it is determined by the County Manager or designee,
in his 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.
3.6 INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify
and hold harmless the COUNTY,'its officers, agents, and employees from any and all
claims, liabilities, damages, losses, costs, and causes of action which may arise out of an
act or omission, including but not limited to, reasonable attorneys' and paralegals' fees, to
the extent caused by the negligence, recklessness, or intentionally wrongful conduct of 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, defend all suits in the name of the COUNTY,
pay all costs (including attorney's fees) and judgments which may issue thereon. This
Indemnification shall survive the termination and/or expiration of this Agreement. This
section does not pertain to any incident arising from the sole negligence of the COUNTY.
The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond
the limits set forth in Section 768.28, Florida Statutes. This section shall survive the
expiration or termination of this Agreement.
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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 SUSPENSION AND DEBARMENT
SUBRECIPIENT certifies that neither it, nor• its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by an Federal Department or agency; and, that the
SUBRECIPIENT shall not knowingly enter into any lower tier contract, or other covered
transaction, as outlined in Executive Orders 12549 (1986) and 12689 (1989), Suspension
and Debarment and 2 CFR 200.214, as further detailed in Section 4.18.
3.9 DEFAULTS, REMEDIES, AND TERMINATION
In accordance with 2 CFR 200.341, 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, in the case of a partial termination, if
the COUNTY determines that the remaining portion of the award will not accomplish the
purpose for which the award was made, the COUNTY may terminate the award in its
entirety. The COUNTY may also terminate this Agreement if the award no longer
effectuates the program goals or COUNTY priorities.
The following actions or inactions by SUBRECIPIENT shall constitute a Default under
this Agreement, in compliance with 2 CFR 200, Appendix II (A):
A. SUBRECIPIENT's 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
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B. SUBRECIPIENT's failure, for any reason, to fulfill its obligations under this
Agreement in a timely and proper manner
C. SUBRECIPIENT's ineffective or improper use of funds provided under this
Agreement
D. SUBRECIPENT's submission of reports to the COUNTY that are incorrect or
incomplete in any material respect.
E. SUBRECIPIENT's submission of any false certification.
F. SUBRECIPIENT's failure to materially comply with any terms of this Agreement
G. SUBRECIPIENT's
failure to materially
comply with the terms
of
any other
agreement between
the COUNTY and the
SUBRECIPIENT relating
to
the Project
Upon any default by SUBRECIPIENT under this Agreement, the COUNTY may seek any
combination of one or more of the following remedies, in compliance with 2 CFR 200,
Appendix II (B):
A. Require specific performance of the Agreement, in whole or in part
B. Require the use of, or change in, professional property management
C. Require SUBRECIPIENT to immediately repay to the COUNTY all ESG funds
that 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 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 benefit for any incomplete project activities undertaken under this
Agreement.
3.10 REVERSION OF ASSETS
Upon termination or expiration of this Agreement, if SUBRECIPIENT has not provided
the required end use beneficiaries, 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.
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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 or property, as the COUNTY may deem necessary. Regulations
regarding teal property and equipment are subject to 2 CFR 200.3110
3.11 INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement
until all required insurance, as outlined in Exhibit A and 2 CFR 200.310, has been obtained.
Said insurance shall be carried continually during SUBRECIPIENT's performance under
the Agreement.
3.12 ADMINISTRATIVE REQUIREMENTS
The SUBRECIPIENT agrees to perfot•m 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), the federal
regulations for the ESG grant funds (24 CFR 576 et seq).
3.13 PURCHASING
SUBRECIPIENT is requited to follow Federal Procurement standards (2 CFR 200.318
through 200.327) and Collier County's Procurement Ordinance #2017-08, as amended. As
a result of the need to expedite services to beneficiaries impacted by COVID49, HUD has
allowed jurisdictions to deviate from 2 CFR 200 procuurement standards, allowing
SUBRECIPIENTS to follow Collier County procurement ordinance. Collier County
Ordiance #2017-08 allows contracting with not -for -profits through the approved
exemption.
Federal Procurement Standatds:
Ran e:
Method/Com etition Re aired
$0 -
$103000
Micro -Purchase
$10,001 -
$2505000
Small Purchase
$2505001+
Sealed Bidding
Collier Count Procurement Standards
Ran e: Com etition Re aired
$0 - $505000 3 Written Quotes
$50,001+ Formal Solicitation ITB, RFP, etc.
During the period of the Declared State of Emergency, emergency and exigent purchases
will be permitted, following Federal Procurement standards, pursuant to 2 CFR 200.320,
provided that SUBRECIPIENT submits sufficient documentation to support cost
reasonableness. Acceptance of said documentation shall be at the COUNTY's sole
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discretion. If the Declared State of Emergency expires before December 30, 2020,
SUBRECIPIENT shall ensure that non -emergency COUNTY procurement standares is
used for purchases under this Agreement. Regardless of the state of emergency, any
purchase in excess of 250,000 will be assessed using a price or cost analysis approved by
MS, prior to purchase.
In accordance with 2 CFR 200.322, SUBRECIPIENT shall to the greatest extent
practicable, provide a preference for the purchase, acquisition, or use of goods, products,
or materials produced in the United States.
In accordance with 2 CFR 200.323, SUBRECIPIENT shall procure items that contain the
highest percentage of recovered materials practicable, consistent with maintaining a
satisfactory level of completion, per 2 CFR 200, Appendix II (J) and 2 CFR 200.3230
All items 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
COUNTY and Federal requirements. The SUBRECIPIENT shall enter into contracts with
the lowest, responsible, and qualified bidder. In accordance with 2 CFR 200.323,
SUBRECIPIENT shall procure items that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of completion, per 2
CFR 200, Appendix II(J) and 2CFR 200.323. Contract administration shall be conducted
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. If Progratn Income is derived from the use of ESG
funds disbursed under this Agreement, such Program Income shall be used by the
SUBRECIPIENT for an eligible project activity approved by COUNTY. Any Program
Income (as such term is defined under applicable Federal regulations) gained fiom any
SUBRECIPIENT activity funded by this project shall be reported to the COUNTY through
an annual Program Income Re -use Plan, utilized by the SUBRECIPIENT accordingly, and
in compliance with 2 CFR 200. 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 for further reallocation.
Equipment no longer needed by the SUBRECIPIENT for ESG-eligible activities under this
Agreement shall be (a) tt•ansferted to the COUNTY for use elsewhere in the ESG program
or (b) retained by the SUBRECIPIENT, after compensating the COUNTY an amount equal
to the current fair market value of the equipment, less the percentage of non-ESG funds
used to acquire the equipment.
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3.15 GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout
requirements are completed. The SUBRECIPIENT may close out the project with the
COUNTY after the closeout period ends. 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 records retention law 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 that 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
complying 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.
3.16 OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded fiom the benefits of, or be
subjected to discrimination under any activity carried out by the performance of this
Agreement based on race, color, disability, national origin, religion, age, familial status, or
sex. Upon receipt of evidence of such discrimination, the COUNTY shall have the right to
terminate this Agreement.
To the greatest extent feasible, homeless individuals have priority over other Section 3
residents, in accordance with 24 CFR 576.405(c). Section 3 of the Housing and Urban
Development Act of 1968, as amended (12 U.S.C. 1701u), and implementing regulations
at 24 CFR Part 135 requires that, to the greatest extent feasible, employment and economic
opportunities be directed to low and very low income residents of the Project area, and that
contracts for training and employment 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; providing services assisted under ESG; and providing services for
occupants of facilities assisted under ESG. This involvement may include employment or
volunteer services. Section 3 is relative 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 shall comply with Section 3 of the
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Housing and Community Development Act of 1968, and certifies and agrees that no
contractual or other disability exists that would prevent compliance with these
requirements.
3.17 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses and minority and
women's business enterprises the maximum practicable opportunity to participate in the
performance of this Agreement. As used in this Agreement, the term "small business"
means a business that meets the criteria set forth in section 3(a) of the Small Business Act,
as amended (15 U.S.C. 632); and "minority and women's business enterprise" means a
business at least 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 women's business enterprises in lieu of
an independent investigation.
3.18 PROGRAM BENEFICIARIES
As defined by 24 CFR 576.2, 100 percent of the beneficiaries receiving ESG funding
through this Agreement must be homeless or at risk of homelessness. Income eligibility of
tenants will be validated with supporting documentation during interim and closeout
monitoring.
3.19 AFFIRMATIVE ACTION PLAN
The SUBRECIPIENT agrees that it is committed to carry out an Affirmative Action
Program, pursuant to the COUNTY's specifications, in keeping with the principles as
provided in President's Executive Order 11246 of September 24, 1966. The
SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior
to the award of funds. If the Affirmative Action Plan is updated during the period of
performance of this Agreement, the updated plan must be submitted to the COUNTY
within 30 days of any update/modification.
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 2 CFR 576.404
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"Conflict of Interest", 2 CFR 200.318, FL Statute 287.057, and any additional 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
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 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.
3.22 COORDINATION WITH CONTINUUM OF CARE AND OTHER PROGRAMS
The SUBRECIPIENT must document its 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).
3.23 HOMELESS PARTICIPATION
The SUBRECIPIENT must document its compliance with the homeless participation
requirements under 24 CFR 576.405(c).
3.24 CENTRALIZED OR COORDINATED ASSESSMENT SYSTEMS AND
PROCEDURES
The SUBRECIPIENT must keep documentation evidencing the use of written intake
procedures for the centralized or coordinated assessment systems) developed by the
Continuum of Care, in accordance with the requirements established by HUD and
identified in 24 CFR 576.500(g),
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3.25 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 forth 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 based
on religion and will not limit or give preference in employment to persons based on
religion.
B. It will not discriminate against any person applying for public services based on
religion and will not limit such services or give preference to persons based on
religion.
C. It will retain its independence from Federal, State, and Local governments and may
continue to carry out its mission, including the definition, practice, and expression
of its religious beliefs, provided 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.
3.26 INCIDENT REPORTING
If services to clients are 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.
3.27 SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such
determination shall not affect the validity or enforceability of any other section or part
thereof.
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PART IV
GENERAL PROVISIONS
4.1 24 CFR Part 576 Emergency Solutions Grants Program, as amended —All regulations
regarding the ESG Program
4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure.
https://www.ecfr.gov/cgi-bin/text-
idx?SID=lacdb92f3b05c3f285dd76c26d14f54e&mc=true&node=pt24.1.58&rgn=div5
4.3 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-communi -development-hcd-act-of-
1974/
4.4 Title VI of the Civil Rights Act of 1964 as amended,
https://www.hud.gov/programdescription/title6
Title VIII of the Civil Rights Act of 1968, as amended
Ids •//xvww.ceoc. eov/laws/statutes/titlev i i.cfm
4.5 24 CFR 576.407 -The regulations issued pursuant to 24 CFR 5.105(a) and Executive Order
11063 which prohibits discrimination and promotes equal opportunity in housing.
https://www.ecfr.izov/cgi-bin/text-
idx?c=ecfr;sid=dc4c2f93cdadfD8974315fa2bfdf4cec;rgn--div5,view=text;node�--24%3A3.
1,1.3.8;idno=24;cc=ecfr
https:l/www.ecfr.�ov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.5#se24.1.5 1105
4.6 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive
Orders 11375 and 12086 - which establishes hiring goals for minorities and women on
projects assisted with federal funds and as supplemented in Department of Labor
regulations.
EO 11246: https://www.dol.gov/agencies/ofccp/executive-order-11246/as-amended
4.7 Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity
Act of 1972, 42 USC § 2000e, et. seq. The SUBRECIPIENT will, in all solicitations or
advertisements for employees placed by or on behalf of the SUBRECIPIENT, state that it
is an Equal Opportunity or Affirmative Action employer.
https://www.ecoc.gov/laws/statutes/tittevii.cfm
4.8 24 CFR 75 —Regulations outlining requirements of Section 3 of the Housing and Urban
Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the
HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR
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75, and all applicable rules and orders issued hereunder prior to the execution of this
Agreement, shall be a condition of the Federal financial assistance provided under this
Agreement and binding upon the COUNTY, the SUBRECIPIENT and any of the
SUBRECIPIENT's Subrecipients and subcontractors. Failure to fulfill these requirements
shall subject the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's
Subrecipients and subcontractors, their successors and assigns, to those sanctions specified
by the Agreement through which Federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists that would prevent
compliance with these requirements.
https://www.httd.gov/sites/dfi les/FHEO/documents/Sectioti3 ru leO92820.pdf
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to
include the following language in all subcontracts executed under this Agreement:
The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the requirements
of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C.
1701). Section 3 requires that, to the greatest extent feasible, opportunities for training and
employment be given to low- and very low-income residents of the project area, and that
contracts for work in connection with the project be awarded to business concerns that
provide economic opportunities for low- and very low-income persons residing in the
metropolitan area in which the project is located."
The SUBRECIPIENT further agrees to ensure that opportunities for training and
employment arising in connection with a housing rehabilitation (including reduction and
abatement of lead -based paint hazards), housing construction, or other public construction
project are given to low- and very low-income persons residing within the metropolitan
area in which the ESG-funded project is located; where feasible, priority should be given
to low- and very low-income persons within the service area of the project or the
neighborhood in which the project is located, and to low- and very low- income participants
in other HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead- based paint hazards),
housing construction, or other public construction project to business concerns that provide
economic opportunities for low- and very low-income persons residing within the
metropolitan area in which the ESG-funded project is located; where feasible, priority
should be given to business concerns that provide economic opportunities to low- and very
low-income residents within the service area or the neighborhood in which the project is
located, and to low- and very low-income participants in other HUD programs.
The SUBRECIPIENT certifies and agrees that no contractual or other legal incapacity
exists that would prevent compliance with these requirements.
https•//www hud aov/sites/dfiles/FHEO/docuineiits/Section3ruleO92820.pdf
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4.9 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as
amended by Executive Orders 11375, 11478, 12107 and 12086.
Age Discrimination Act of 1975
https://www.law.comell.edu/uscode/text/42/chapter-76
11246: https://www.dol.gov/ofccp/regs/statutes/eol1246.htm
11375: Amended by EO 11478
11478: https://www.archives.gov/federal-register/codification/executive-
order/11478.html
12107:https://www.archives. gov/federal-register/codification/executive-order/l2107.html
12086:https://www.archives. gov/federal-register/codification/executive-order/ l2086.html
4.10 Equal access in accordance with the individual's gender identity in community planning
and development programs, per 24 CFR 5.106.
https://www.govregs.com/regulations/expand/title24 part5 subpartA section5.106
4.11 Contract Work Hours and Safety Standards Act, 40 USC 327-332.
https://www.dol.gov/whd/regs/statutes/safeO I .pdf
4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b) (5), and 24 CFR 570.614
Subpart K.
Section 504: https://www.epa.gov/ocr
29 USC 776: https://law.onecle.com/uscode/29/776.htmi
24 CFR 570,614: https://www.law.comell.edu/cfr/text/24/570.614
4.13 The Americans with Disabilities Act of 1990:
https://www.hud. og v/hudprograms/eohudap
4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as
amended.
https://www.ffiwa.dot.gov/real—estate/uniform—act/index.cfm
4.15 29 CFR Parts 3 and 5 - Regulations that prescribe the payment of prevailing wages and the
use of apprentices and trainees on federally assisted projects. HUD Form 4010 must be
included in all construction contracts funded by ESG.
Davis -Bacon Act: 42 USC 276a to 40 USC 276a:
https•//uscode house gov/view.xhtml?req=granuleid•USC-1999-title40-section276a-
7&num=0&edition=1999
29 CFR Part 3 -Contractors and Subcontractors on public building or Public Work
Financed, in whole or in part, by Loans or Grants from the United States
ittps://www.law.cornell.edu/cfr/text/29/Tart-3
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29 CFR Pail 5 - Labor Standards Provisions Applicable to Contracts Covering Federally
Financed and Assisted Construction (Also, Labor Standards Provision Applicable Subject
to the Contract Work Hours and Safety Standards Act)
https://www.law.cornell.edu/cfr/text/29/part-5
Executive Order
11914 -Prohibits
discrimination with respect to the
handicapped, in
federally assisted
projects.
https://www.presidency.ucsb.edu/ws/index.php?pid=23675
4.16 As a supplement to the Davis -Bacon Act requirements, the SUBRECIPIENT agrees to
comply with the "Copeland Anti -Kickback Act," which prohibits the SUBRECIPIENT, its
contractors, or subcontractors from inducing an employee to relinquish any part of his/her
compensation, under the federally -funded contract.
18 U.S.C. 874 https://www. ovg info.gov/content/pkg/USCODEm2010-
title 18/pdf/USCODE-2010-title 18.pdf
40 U.S.C. 276c https://uscode.house.gov/view.xhtml?req=granuteid:USC-1999-title40-
section276c&num=0&edition=1999
4.17 Executive Order 11625 and U.S. Department of Housing and Urban Development Circular
Letter 79-45 - which prescribes goal percentages for participation of minority businesses
in Community Development Block Grant Contracts,
E.O. 11625 Prescribing additional arrangements for developing and coordinating a national
program for minority business enterprise.
https•//www archives gov/federal-register/codification/executive-order/I 1625 html
4.18 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and
contracting opportunities laws, regulations, and executive orders referenced in 24 CFR
576.407, as revised by Executive Order 13279. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
24 CFR 576.407:
httys://www.ecfr.gov/cgi-bin/text-
idx?c=ecfr•sid=dc4c2f93cdad1U8974315fa2bfdf4cec;rgn=div5;view=text;node=24%3A3.
I * I.3.8Jdno=24;cc=ecfr
E.O. 13279: http:1/www.fedgovcontracts.com/pe02-96.htm
4.19 Public Law 100430 -the Fair Housing Amendments Act of 1988.
https://www.ncbi.nlm.nih.gov/pubmed/ 12289709
4.20 The Fair Housing Act (42 U.S.C. 3601-20) Reasonable Accommodations Under the Fair
Housing Act. https://www.hud.gov/sites/documents/DOC 7771.PDF
https://www.iustice.gov/crt/fair-housiniz�act
-1
Executive Order 11063 —Equal Opportunity in Housing
https•//www archives.gov/federal-register/codification/executive-order/I 1063.html
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Executive Order 11259 - Leadership & Coordination of Fair Housing in Federal Programs
https://www.archives. gov/federal-register/codiftcation/executive-ordet•/ l 2259.html
24 CFR Part 107 - Non- Discrimination and Equal Opportunity in Housing under E.O.
https://www.law.cornell.edu/cfr/text/24/part-107
4.21 2 CFR 200 et seq -Uniform Administrative Requirements, Cost Principles, and Audit
requirements for Grants and Agreements.
https://www.eefr.gov/cgimbin/text-idx?tpl=/ecfibrowse/Title02/2cfr200 main 02.tpI
4.22 2 CFR 200.216 —Prohibition of certain telecommunications and video surveillance
services or equipment. Recipients and Subrecipients are prohibited from obligating or
expending loan or grant funds to: 1) procure or obtain; 2) extend or renew a contract to
procure or obtain; 3) enter into a contract (or extend or renew a contract) to procure or
obtain equipment, services, or systems that use(s) covered telecommunications equipment
or services as a substantial or essential component of any system or as a critical technology
as part of any system.
4.23 Immigration Reform and Control Act of 1986
https://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html
4.24 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.
Florida Statutes-
https://www.lawserver.com/law/state/florida/statutes/florida_statutes chapter _112_part_i
ii —
Collier County-
http://www.colliergov.net/home/showdocument?id=35137
4.25 Order of Precedence - In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Agreement shall take precedence over the terms
of all other Contract Documents, except the terms of any Supplemental Conditions shall
take precedence over the Agreement. To the extent any conflict in the terms of the Contract
Documents cannot be resolved by application of the Supplemental Conditions, if any, or
the Agreement, the conflict shall be resolved by imposing the more strict or costly
obligation under the Contract Documents upon the Contractor at Owner's discretion.
4.26 Venue -Any suit of action brought by either party to this Agreement against the other party,
relating to or arising out of this Agteement, must be brought in the appropriate federal or
state courts, in Collier County, FL which courts have sole jurisdiction on all such matters.
(No reference requited for this item).
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4.27 Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the patties 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 adjudicated in Collier County, Florida, if
in state court and the US District Court, Middle District of Florida, if in federal court. BY
ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING
OUT OF, THIS AGREEMENT.
https://www.flsenate.gov/Laws/Statutes/2012/44.102
4.28 The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
his•//www ovg info gov/content/pkg/USCODE-2010-title42/html/USCODE-
2010-title42-chap85.htm https://www.law.cornell.edu/uscode/text/42/chapter-85
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
https://www.govinfo.gov/contelLt/pkg-/`USCODEm2Ol I -tit][63/pdf/USCODE-
2011 -title33 -chap26.pdf
https://www.law.comell.edu/uscode/text/33/chapter-26
4.29 Section 6002 of the Solid Waste Disposal Act as amended by the Resource Conservation
and Recovery Act and regarding those items identified in 40 CM Part 241 of the EPA
guidelines https•//www epa gov/enforcement/resource-conseiwation-and-recovery-act-
rcra-and-federal-facilities https://www.law.cornell.edu/cfr/text/40/247.1
4.30 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC
4002), the SUBRECIPIENT shall assure that for activities located in an area identified by
FEMA as having special flood hazards, flood insurance under the National Flood Insurance
Program is obtained and maintained. If appropriate, a letter of map amendment (LOMA)
may be obtained from FEMA, which would satisfy this requirement and/or reduce the cost
of said flood insurance.
httl2s://www.law.comell.edu/cfi•/text/24/570.605
4.31 The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures
with assistance provided under this Agreement shall be subject to the HUD Lead- Based
Paint Poisoning Prevention Act, found at 24 CFR 570,608, Subpart K.
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https:itwww.gpo. og v/iasys/granule/CFR-2000-title24-vo13/CFR-zvvv-title24-vo13-
sec570-608-idl63
4.32 The SUBRECIPIENT agrees to comply with the Historic Pteservation 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/nhpal966.htm
httys://www.achp.gov/sites/defaulUfiles/regulations/2017-02/r egs-revO4.12df
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.
ittps://www.nps.gov/histoiy/local-law/nhpal966.htin
4.33 The SUBRECIPIENT must certify that it will provide drug -free workplaces, in accordance
with the Drug -Free Workplace Act of 1988 (41 USC 701).
https://www.gpo.gov/fds�s/1?ranule/USCODE-2009-title4l /USCODE-2009-title4l -
chapl0-sects l
4.34 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 Executive oeder 12549.
https://www. archives. gov/federal-register/codification/executive-order/ 12549.html
4.35 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. These requirements are enumerated in 2 CFR 200, et seq.
4.36 Single Audits shall be conducted annually, in accordance with 2 CFR 200.501, and shall
be submitted to the COUNTY nine (9) months after the end of the SUBRECIPIENT's
fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2
CFR 200 Subpart F, Section 500. SUBRECIPIENTS exempt from Single Audit
requirements shall submit financial statements to the COUNTY one hundred eighty (180)
days after the end of the SUBRECIPIENT'S fiscal year. Per 2 CFR 200.345, 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,
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r.
_'l i
https://www.ecfr.gov/cgi-bin/text-
idx?SID=5a78addefff9a535e83 fed3010308aef&mc=true&node=se2.1.200 1344&rgn=di
v8
4.37 Any real property acquired by the SUBRECIPIENT for carrying out the projects stated
herein and approved by the COUNTY, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 and 49 CFR 24, shall be
subject to the provisions of 24 CFR 576.408 including, but not limited to, the provisions
on use and disposition of property, A displaced person must be advised of his or her rights
under the Fair Housing Act (42 U.S.C. 3601 et seq.). This policy does not require providing
a person a larger payment than is necessary to enable a person to relocate to a comparable
replacement dwelling (See 49 CFR 24.505(c)(2)(ii)(D).
https•//www apo gov/fdsys/g anule/CFR-2009-title49-voll/CFR-2009-title49-voll-part24
4.38 As provided in § 287.133, Florida Statutes, by enteting 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 Strin
g=&URL=0200-0299/0287/Sections/0287.133.htm1
4.39 No Federally appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress, in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement. If any funds,
other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress,
in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions. The undersigned shall require that the
language of this certification be included in the award documents for all sub -awards at all
tiers (including subcontracts, sub -grants, contracts under grants, loans, and cooperative
agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly.
4.40 The SUBRECIPIENT agrees that no funds provided, nor personnel employed under the
Agreement shall be in any way or to any extent engaged in the conduct of political activities
in violation of Chapter 15 of Title V of the U.S.C. (Hatch Act).
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https://www,gl)o, og v/fdsys/granule/USCODE-2009-tit1e41NSCODE-2009-title4l-
chap 10-sec701 /content-detail.html
4.41 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. sg a.gov/portal/content/I04877
4.42 Housing Counseling, including homeownership counseling or rental housing counseling,
as defined in §5.100, required under or provided in connection with any program
administered by HUD shall be provided only by organizations and counselors certified by
the Secretary under 24 CFR part 214 to provide housing counseling, consistent with 12
U.S.C. 1701 x, per 24 CFR 5.111.
https://www.law.cornell.edu/cfi•/text/24/5.111
4.43 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
4.44 HUD Final Rule —Implementation of the Violence Against Women Reauthorization Act
of 2013 which applies for all victims of domestic violence, dating violence, sexual assault,
and stalking, regardless of sex, gender identity, or sexual orientation, and which must be
applied consistent with all nondiscrimination and fair housing requirements.
https•//www federalregister gov/documents/2016/11/16/2016-25888/violence-a ag inst-
women-reauthorization-act-of-2013-implementation-in-hud-housing-prograrns
4.45 Any rule or regulation determined to be applicable by HUD.
4.46 Florida Statute 448.095 Employment Eligibility. Per Florida Statute 448.095(3), all Florida
private employers are required to verify employment eligibility for all new hires beginning
January 1, 2021. Eligibility determination is not required for continuing employees hired
prior to January 1, 2021.
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http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0400-
0499/0448/0448.htm1
4.47 Florida Statutes 713.20, Part 1, Construction Liens
https://www.leg.state.fl.US/Statutes/index.cfm?App mode=Display Statute&URL=0700-
0799/0713/0713.htm1
4.48 Florida Statutes 119.021 Records Retention
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.021.html
4.49 Florida Statutes, 119.071, Contracts and Public Records
http://www,leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100-
0199/0119/Sections/0119.071.html
4.50 Limited English Proficiency: The SUBRECIPIENT agrees to take reasonable steps to
provide meaningful access to the program/project and activities funded under this
Agreement for persons with limited English proficiency pursuant to information located at
http://www.lepp¢ov.
4.51 Equal Treatment ofFaith-Based Organizations: By regulation, HUD prohibits all recipient
organizations from using financial assistance from HUD to fund explicitly religious
activities. The SUBRECIPIENT agrees to avoid such prohibited conduct. For more
information, see https://oip.gov/about/ocL/partnerships.htm. Discrimination on the basis of
religion in employment is generally prohibited by federal law, but the Religious Freedom
Restoration Act is interpreted on a case -by -case basis to allow some faith -based
organizations to receive DOJ/BJA funds while taking into account religion when hiring
staff. Questions in this regard should be directed to the Office for Civil Rights,
4.52 Arrest and Conviction Records: Federal and state laws restrict use of arrest and conviction
records in the employment context, except when specifically authorized. The
SUBRECIPIENT agrees to avoid the misuse of arrest or conviction records to screen
applicants for employment or employees for retention or promotion that may have a
disparate impact based on race or national origin, resulting in unlawful employment
discrimination unless use is otherwise specifically authorized by law.
See https://oip.gov/about/ocr/pdfs/UseofConviction Advisory. ddff for more details.
4.53 Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352): The SUBRECIPIENT will not use
and has not used federal appropriated funds to pay at any tier, either directly or indirectly,
any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any federal contract,
grant, or any other award or subaward covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with nonfederal funds that takes place in connection with obtaining
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any federal award or subaward. Such disclosures are forwarded from tier to tier up to the
recipient. The SUBRECIPIENT shall comply with the lobbying restrictions of the Byrd
Anti -Lobbying Amendment (31 U.S.C. § 1352) and (ii) ensure that its officers, employees
and its subcontractors hereunder comply with all applicable local, state, and federal laws
and regulations governing advocacy of and appearances before any legislative body. None
of the funds provided under this Agreement shall be used for publicity or propaganda
purposes designed to support or defeat any legislation pending before local, state, or federal
legislatures.
4.54 False Claim; Criminal, or• Civil Violation: SUBRECIPIENT must promptly refer to
COUNTY any credible evidence that a principal, employee, agent, contractor, subgrantee,
subcontractor, or other person has either (i) submitted a false claim for grant funds under
the False Claims Act or (ii) committed a criminal or civil violation of laws pertaining to
fraud, conflict of interest, bribery, gratuity, or similar misconduct involving subaward
agreement funds
4.55 Political Activities Prohibited: None of the funds provided directly or indirectly under this
Agreement shall be used for any political activities or to further the election or defeat of
any candidates for public office. Neither this Agreement nor any funds provided hereunder
shall be utilized in support of any partisan political activities or activities for or against the
election of a candidate for an elected office.
4.56 Text Messaging: Pursuant to Executive Order 13513, "Federal Leadership on Reducing
Text Messaging While Driving," 74 Federal Register 51225 (October 1, 2009), DOJBJA
encourages recipients and subrecipients to adopt and enforce policies banning employees
from text messaging while driving any vehicle during the course of performing work
funded by DOJBJA and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
4.57 Trafficking in Persons: The SUBRECIPIENT agrees to, at any tier, comply with all
applicable requirements (including requirements to report allegations) pertaining to
prohibited conduct related to the trafficking of persons, whether on the part of the
SUBRECIPIENT and any employees of the SUBRECIPIENT. The details of the
SUBRECIPIENT'S obligations related to prohibited conduct related to the trafficking of
persons are posted at https•//oip pov/funding/Explore/ProhibitedConduct-Traffrcking.htm.
4.58 Association of Community Organizations for Reform Now (ACORN): The
SUBRECIPIENT understands and acknowledges that it cannot use any federal funds,
either directly or indirectly, in support of any contract or subaward to either ACORN or its
subsidiaries, without the express prior written approval of OJP.
4.59 If the SUBRECIPIENT wishes
to enter into a contract with a small
business firm or
nonprofit organization regarding
the substitution of parties,
assignment, or performance of
experimental, developmental, or research work under
this funding
agreement, the
SUBRECIPIENT must comply
with the requirements of
37 CFR Part
401, "Rights of
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Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts, and Cooperative Agreements," and any implementing
regulations issued by HUD.
httus://www.ecfr.gov/cgi=
bin/retrieveECFR?gp=&SID=a004b6bf20934ace7a717de761 dc64c0&mc=true&n=pt37.1
401 &i=PART&tv=HTML
(Signature Page to Follow)
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IN WITNESS WHERE, OF, the SUBRECIPIENT and COUNTY, have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy
(SEAL)
Approved as to form and legality;
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
PENNY TAYLOR, CHAIRPERSON
Date:
COLLIER COUNTY
COALITION, INC.
By;
PRESIDENT
Date: 4
&HOMELESS
M WALLER, BOARD CO-
P IDINREASURER
Date: V/�4� W - I
Q� 2-
Jennifer A. Belpedio Cr" U"
Assistant County Attorney tA>
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EXHIBIT A
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o 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:
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 coveting all owned, non -owned and hired vehicles used in
connection with this Agreement, 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 Insutance 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 Agreement. 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 SUBRECIPIENT 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 buildings) or structute(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
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identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazards, flood insurance under the National Flood Insurance Program is obtained and
maintained as a condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
OPERATION/MANAGEMENT PHASE (IF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be
kept in force throughout the duration of the loan and/or Agreement:
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 coveting all owned, non -owned and hired vehicles used in
connection with this Agreement 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.LM.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.
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EXHIBIT B
COLLIER COUNTY COMMUNITY & HUMAN SERVICES
SECTION I: REQUEST FOR PAYMENT
SUBRECIPIENT Name:
SUBRECIPIENT Address:
Project Name:
Project No: _
Payment Request #
Total Payment Minus Retainage
Period of Availability: _ through
Period for which the Agency has incurred the indebtedness through
SECTION II: STATUS OF FUNDS
Subrecipient
CHS Approved
1. Grant Amount Awarded
$
$
2. Total Amount of Previous Requests
$
$
3. Amount of Today's Request (Net of Retainage, if
applicable)
$
$
4. 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.
Title
Authorizing Grant Coordinator
Dale
Authorizing Grant Accountant
Supervisor (Approval required $I5,000 and above) Division Director (Approval Required $15,000
and above)
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EXHIBIT C
Emergency Solutions Grants (ESG-CV)
Quarterly Performance Report
Report Period:
Fiscal Year:
Contract Number:
Organization/s:
Program/s:
Contact Name:
Contact Number:
Characteristics Report
1. Report Selection Criteria
Characteristics Report
1. Report Selection Criteria
Ethnicit
Race
Non -
Hispanic
Hispanic
White
Black/African American
Asian
American Indian/Alaskan Native
Native Hawaiian/Other Pacific Islander
2. Number of adults and children served:
a. Residential
Number of Adults
Number of Children
Number of Unknown Age
b. Non -Residential
Number of Adults
Number of Children
Number of Unknown Age
3. Number of individuals/families served, by cate>;ories:
a. Number of individual households
Male
Female
sin les
Unaccompanied 18 and over
Unaccompanied 17 and under
b. Number of Families with children
Male
Female
Headed b sin le 18 and over
Headed by single 17 and under
Headed by two parents 18 and over
Headed by two parents 17 and under
Number of Families with no children
TOTAL
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4. Total vroieetts)/service(s) provided to clients in range:
a. emergency shelter facilities shelter
b. vouchers for shelters
c. drop -in center
d. food pantry
e. mental health
f. alcohol/drug
g. childcare
h. employment
i. transitional
outreach
k, soup kitchen/meal distribution
I. health care
m. HIV/AIDS services
n. other lease list
5. Numher of clients served by sub nooulation (duplicated count):
a. Chronicall Homeless
f. Chronic Substance Abuse alcohol and/or dru
b. Victims of Domestic
Violence
g. Severely Mentally Ill
c. Elderly
h. Runaway / throwaway youth
d. Veterans
i. Other disability (Physical and/or
Developmental)
e. Individuals with HIV/AIDS
(Chronically Homeless- HUD definition of a chronically homeless person is an unaccompanied
homeless individual with a disabling condition who has either: 1) been continuously homeless for a
year a more, or 2) has had at least four episodes of homelessness in the past three years.)
6. Clients housed by shelter type:
Barracks
Mobile Home/Trailer
Group/Large House
Hotel/Motel
Scattered Site Apartment
Other A artment/Com lex
Single Family Detached House
Other Single -Family Duplex
Single Room Occupancy
Other
TOTAL
Exnenflat ur•es for Rapid Rehousine
Renta Housing
$
Re ocation an Sta zation
Services - F nancia Assistance
$
Relocation and Stabilization
Services - Services
$
Hazard Pay (unique activity)
Landlord Incentives (unique
activity)
$
Volunteer Incentives unique activity)
$
raining unique activity)
ubtotal Rapid Rehousing
. Expenditures for Homeless Prevention
Renta Housing
Re ocation an Sta 1 ization Services - Financial Assistance
Relocation and Stabilization Services - Services $
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Hazard Pay (unique activity)
Lan or Incentives(unique activity)
Volunteer Incentives unique activity)
Training (unique activity)
$
Subtotal Homeless Prevention
F,xnenditures for Emergency Shelter INormall
Essentla Services
Operations
Renovation
Major Rehab
Conversion
Hazard Pay (unique activity)
Volunteer Incentives (unique activity)
raining (unique activity)
ubtotal Emergency Shelter
10. Ex enditures for Street Outreach
Essentla ervices
Hazard Pay (unique activity)
Han was mg stations/portable bathroorris (unique activity)
Volunteer Incentives unique activity)
Training (unique activity)
Subtotal Street Outreach
Tota! ESG-CV Expenditures
I hereby certify the above information is true and accurate.
Signature:
Printed Name:
Title:
Date:
Your tuned name here represents your electronic sgnature.
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EXHIBIT D
ANNUAL AUDIT MONITORING REPORT
Circular 2 CFR Part 200.332 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients
are compliant with established audit requirements (Subpart F). Accordingly, Collier County requires that all appropriate
documentation is provided regarding 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 2 CFR Part 200, Subpart F — Audit Requirements. This form may be used to
monitor Florida Single Audit Act (Statute 215.97) requirements.
Subrecipient
Collier County Hunger and Homeless Coalition
Name
First Date of Fiscal Year MM/DD
Last Date of Fiscal Year D
01/01/2021
12/31/2021
Total Federal Financial Assistance Expended during
Total State Financial Assistance Expended during most
most recently completed Fiscal Year
recently completed Fiscal Year
Check A. or B. Check C if applicable
A. The federallstate 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
El
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
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EXHIBIT E
HUD EMERGENCY SOLUTIONS GRANT (ESG)
RAPID RE -HOUSING and HOMELESSNESS PREVENTION
ESG funds may be used to provide housing relocation and stabilization services and short- and/or
medium -term rental assistance necessary, under the following ESG components, to:
A. Rapid Re -housing - help a homeless individual or family move as quickly as possible into
permanent housing and achieve stability in that housing, as described in 24 CFR 576.104
subject to exceptions in HUD Notice CPD-20-08: Waivers and Alternative Requirements for
the ESG Program Under the CARES Act, and
B. Homelessness Prevention —prevent an individual or family from moving into an emergency
shelter or other housing that has characteristics associated with instability and/or an increased
risk of homelessness, as described in 24 CFR 576.103 subject to exceptions in HUD Notice
CPD-20-08: Waivers and Alternative Requirements for the ESG Program Under the CARES
Act,
Supportive Services:
The SUBRECIPIENT must assist each program participant, as needed, to obtain:
A. Appropriate supportive services, including assistance in obtaining permanent housing, medical
health treatment, mental health treatment, counseling, supervision, and other services essential
for achieving independent living.
B. Other Federal, State, local, and private assistance available to assist the program participant in
obtaining housing stability, including:
(i.) Medicaid (42 CFR chapter IV, subchapter C)
.) Supplemental Nutrition Assistance Program (7 CFR parts 271-283)
(iii.) Women, Infants, and Children (WIC) (7 CFR part 246)
(iv.) Federal -State Unemployment Insurance Program (20 CFR parts 601-6035 6063
60% 614-6175 6255 6405 650)
(v.) Social Security Disability Insurance (SSDI) (20 CFR part 404)
(vi.) Supplemental Security Income (SSI) (20 CFR part 416)
(vii.) Child and Adult Care Food Program (42 U.S.C. 1766(t) (7 CFR part 226);
(viii.) Other assistance available under the programs listed in 24 CFR 576.400(c)
Participation of Homeless/Formerly Homeless Individuals:
The SUBRECIPIENT should make efforts to provide for participation of homeless individuals or
formerly homeless individuals on its board of directors or equivalent policy -making entity that
considers and makes policies and decisions regarding any facility, services, or other assistance
received through this Agreement. Further, to the maximum extent practicable, the
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C;
r•
SUBRECIPIENT shall involve homeless individuals and families, through employment or as
volunteers, in maintaining and operating facilities, providing activities for, and providing services
to occupants of facilities assisted through this Agreement.
Confidentiality:
A. The SUBRECIPIENT must develop and implement written ptocedutes to ensure:
(i) All records containing personally identifying information (as defined in HUD's
standards for participation, data collection, and reporting in a local HMIS) of any
individual or family who applies for and/or receives ESG assistance will be kept secure
and confidential.
(ii) The address or location of any domestic violence, dating violence, sexual assault, or
stalking shelter project assisted under ESG will not be made public, except with written
authorization of the person responsible for the operation of the shelter.
(iii) The address or location of any housing of a program participant will not be made
public, except as provided under a pre-existing privacy policy of the SUBRECIPIENT
and consistent with state and local laws regarding privacy and obligations of
confidentiality.
B. The SUBRECIPIENT'S confidentiality procedures must be in writing and tnust be maintained
in accordance with this section.
Evaluation of Program Participant's Eligibility and Needs:
Rapid Rehousing Assistance Evaluation
A. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine the
eligibility of each individual or family's eligibility for ESG Rapid Rehousing assistance, and
the amount and types of assistance the individual or family needs to regain stability in
permanent housing. These evaluations must be conducted in accordance with the assessment
requirements set forth under 24 CFR 576.400(d) and the written standards established under
24 CFR 576.400(e).
B. Re-evaluations for rapid re -housing assistance. The SUBRECIPIENT must re-evaluate the
program participant's eligibility and the types and amounts of assistance the program
participant needs not less than once annually for program participants receiving rapid re-
housing assistance. At a minimum, each re-evaluation of eligibility must establish that:
(i) The program participant does not have an annual income that exceeds 50 percent of
median family income for the area, as detetmined by HUD.
(ii) The program participant lacks sufficient resources and support networks necessary to
retain housing without ESG rapid rehousing assistance.
C. The SUBRECIPIENT
must require each
program
participant receiving ESG
rapid rehousing
assistance assistance to
notify it regarding
changes
in the program participant's
income or other
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r'r -�
circumstances (e.g., changes in household composition) that affect the program participant's
need for assistance under ESG. When notified of a relevant change, the SUBRECIPIENT must
re-evaluate the program participant's eligibility and the amount and types of assistance the
program participant needs.
Homelessness Prevention Assistance) valuation
D. Evaluations: The SUBRECIPIENT must conduct an initial evaluation to determine each
individual's or family's eligibility for ESG homelessness prevention assistance and the amount
and type of assistance the individual or family needs to regain stability in permanent housing.
These evaluations must be conducted in accordance with the assessment requirements set forth
under 24 CFR 576.400(d) and the written standards established under 24 CFR 576.400(e).
E. Re-evaluations for homelessness prevention assistance. Under 24 CFR 576.407(b),
SUBRECIPIENTS are required to re-evaluate the program participant's eligibility, not less
than every three (3) months. However, a temporary waiver, to reduce the spread of COVID-
19, was approved by HUD, effective 03/31/2020, that extends the re-evaluation period to six
(6) months, for a period of up to two (2) years. As such, the SUBRECIPIENT must re-evaluate
the program participant's eligibility and the types and amounts of assistance the program
participant needs not less than once every six (6) months for program participants receiving
homelessness prevention assistance. At a minimum, each re-evaluation of eligibility must
establish that:
(i) The program participant does not have an annual income that exceeds 50 percent of
median family income for the area, as determined by HUD.
(ii) The program participant lacks sufficient resources and support networks necessary to
retain housing without ESG homelessness prevention assistance.
F. The SUBRECIPIENT must require each program participant receiving ESG assistance to
notify it regarding changes in the program participant's income or other circumstances (e.g.,
changes in household composition) that affect the program participant's need for assistance
under ESG. When notified of a relevant change, the SUBRECIPIENT must re-evaluate the
program participant's eligibility and the amount and type of assistance the program participant
needs.
Rental Assistance Agreement:
The SUBRECIPIENT may make rental assistance payments only to an owner with whom the
SUBRECIPIENT has entered into a rental assistance agreement. The rental assistance agreement
must set forth the terms under which rental assistance will be provided. The rental assistance
agreement must provide that, during the term of the Agreement, the owner must give the
SUBRECIPIENT a copy of any notice to the program participant to vacate the housing unit, or
any complaint used under state or local law to commence an eviction action against the program
participant.
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The SUBRECIPIENT must make timely payments to each owner in accordance with the rental
assistance agreement. The rental assistance agreement must contain the same payment due date,
grace period, and late payment penalty requirements as the program participant's lease. The
SUBRECIPIENT is solely responsible for paying late payment penalties that it incurs with non-
ESG funds.
Leases:
The SUBRECIPIENT agrees that each program participant receiving rental assistance must have
a legally binding, written lease for the rental unit, unless the assistance is solely for rental arrears.
The lease must be between the owner and the program participant. Where the assistance is solely
for rental arrears, an oral agreement may be accepted in place of a written lease, if the agreement
gives the program participant an enforceable leasehold interest under state law and the agreement
and rent owed are sufficiently documented by the owner's financial records, rent ledgers, or
canceled checks. For program participants living in housing with project -based rental assistance,
the lease must have an initial term of one year.
Under 24 CFR 576.106(d)(1), rental assistance cannot be provided unless the total rent is equal to
or less than the Fair Market Rent (FMR) established by HUD, as provided under 24 CFR Part 888,
and complies with HUD's standard of rent reasonableness, as established under 24 CFR 982.507.
However, during the six months beginning March 31, 2020, the FMR restriction is waived for an
individual or family who execute a lease and are receiving Rapid Re -housing or Homelessness
Prevention assistance, under this Agreement. The SUBRECIPIENT must still ensure the units in
which ESG assistance is provided to these individuals and families meet the reasonable standard.
Case Management:
The SUBRECIPIENT must require each program participant to meet with a case manager not less
than once per month to assist the participant in ensuring long-term housing stability; and to develop
a plan to assist the program participant to retain permanent housing after the ESG assistance ends.
The case manager must take into account all relevant considerations, such as the program
participant's current or expected income and expenses; other public or private assistance for which
the program participant will be eligible and likely to receive; and the relative affordability of
available housing in the area.
The SUBRECIPIENT is exempt from the requirement under paragraph (e)(1)(i) of this section if
the Violence Against Women Act of 1994 (42 U.S.C. 13701 et seq.) or the Family Violence
Prevention and Services Act (42 U.S.C. 10401 et seq.) prohibits that recipient or SUBRECIPIENT
from making its shelter or housing conditional on the participant's acceptance of services
Tenant -Based Rental Assistance:
A. A program participant who receives tenant -based rental assistance may select a housing unit
in which to live and may move to another unit or building and continue to receive rental
assistance, as long as the program participant continues to meet the program requirements.
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B. The SUBRECIPIENT may require that all program participants live within a particular area
for the period in which the rental assistance is provided.
C. The rental assistance agreement with the owner must terminate and no further rental assistance
payments under that agreement may be made if:
(i) The program participant moves out of the housing unit for which the program
participant has a lease;
(ii) The lease terminates and is not renewed; or
(iii)The program participant becomes ineligible to receive ESG rental assistance.
D. When the SUBRECIPIENT enters into a rental assistance agreement (RAP) with a
participant/tenant, it will be obligated to provide rental assistance on behalf of that
participant/tenant throughout the term of the RAP, unless the COUNTY terminates this
Agreement or if any of the conditions occur that warrant termination.
Affirmative Outreach:
The SUBRECIPIENT must make known that use of the facilities, assistance, and services are
available to all on a nondiscriminatory basis. If it is unlikely that the procedures that the COUNTY
or SUBRECIPIENT intends to use to make known the availability of the facilities, assistance, and
services will reach persons of any particular race, color, religion, sex, age, national origin, familial
status, or disability who may qualify for those facilities and services, the SUBRECIPIENT must
establish additional procedures that ensure that those persons are made aware of the facilities,
assistance, and services. The SUBRECIPIENT must take appropriate steps to ensure effective
communication with persons with disabilities including, but not limited to, adopting procedures
that will make available to interested persons information concerning the location of assistance,
services, and facilities that are accessible to persons with disabilities. Consistent with Title VI and
Executive Order 13166, SUBRECIPIENTS are also required to take reasonable steps to ensure
meaningful access to programs and activities for limited English proficiency (LEP) persons.
Meaningful Access to the ESG Program for Limited English Proficient Persons:
Persons who, as a result of national origin, do not speak English as their primary language and
who have limited ability to speak, read, write, or understand English (limited English proficient
persons or LEP) may be entitled to language assistance under Title VI in order to receive a
particular service, benefit, or encounter. In accordance with Title VI of the Civil Rights Act of
1964 (Title VI) and its implementing regulations, the SUBRECIPIENT agrees to take reasonable
steps to ensure meaningful access to activities for LEP persons. Any of the following actions could
constitute "reasonable steps", depending on the circumstances: acquiring translators to translate
vital documents, advertisements, or notices; acquiring interpreters for face-to-face interviews with
LEP persons; placing advertisements and notices in newspapers that serve LEP persons; partnering
with other organizations that serve LEP populations to provide interpretation, translation, or
dissemination of information regarding the project; hiring bilingual employees or volunteers for
outreach and intake activities; contracting with a telephone line interpreter service; etc.
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Terminating Assistance:
If a program participant violates program requirements, the SUBRECIPIENT may terminate the
assistance in accordance with a formal process established by the SUBRECIPIENT. This process
shall recognize the rights of individuals affected. The SUBRECIPIENT must exercise judgment
and examine all extenuating circumstances in determining when violations warrant termination so
that a program participant's assistance is terminated only in the most severe cases. Additionally,
should program participant income exceed the 50 percent AMI, at the time of a re-evaluation, the
SUBRECIPIENT shall terminate the assistance in accordance with the SUBRECIPIENT's formal
process. To terminate rental assistance to a program participant, the required formal process, at a
minimum, must consist of:
A. Written notice to the program participant containing a clear statement of the reasons for
termination;
B. A review of the decision, in which the program participant is given the opportunity to present
written or oral objections before a person other than the person (or a subordinate of that person)
who made or approved the termination decision; and
C. Prompt written notice of the final decision to the program participant.
Termination does not bar the SUBRECIPIENT from providing further assistance at a later date to
the same family or individual
Housing Quality Standards:
The SUBRECIPIENT cannot use ESG funds to help a program participant remain or move into
housing that does not meet the habitability standards set forth in 24 CFR 576.403 (c).
Lead -Based Paint Remediation and Disclosure:
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 apply to all housing occupied by program
participants.
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1
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): Mininnunl 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 str•uctutally sound to protect residents
from the elements and not pose any threat to health and safety of the residents. Any
renovation (including major rehabilitation and conversion) carried out with ESG assistance
must use Energy Star and WaterSense products and appliances.
(2) Access. The shelter must be accessible in accordance with Section 504 of the Rehabilitation
Act (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; the Fair Housing Act
(42 U.S.C. 360, et seq.) and implementing regulations at 24 CFR part 100; and Title II of the
Americans with Disabilities Act (42 U.S.C. 12131, et. Seq.) and 28 CFR part 35; where
applicable.
(3) Space and security. Except where the shelter is intended for day use only, the shelter must
provide each program participant in the shelter with an acceptable place to sleep and adequate
space and security for themselves and their belongings.
(4) Interior air quality. Each room or space within the shelter must have a natural or mechanical
means of ventilation. The interior air must be free of pollutants at a level that might threaten
or harm the health of residents.
(5) Water supply. The shelter's water supply must be free of contamination.
(6) Sanitary facilities. Each program participant in the shelter must have access to sanitary
facilities that are in proper operating condition, are private and are adequate for personal
cleanliness and the disposal of human waste.
(7) Thermal environment The shelter must have any necessary heating/cooling facilities in
proper operating condition,
(8) Illumination and electricity. The shelter must have adequate natural or articial illumination
to permit normal indoor activities and support health and safety. There must be sufficient
electrical sources to permit the safe use of electrical appliances in the shelter.
(9) Food preparation. Food preparation areas, if any, must contain suitable space and equipment
to store, prepare, and serve food in a safe and sanitary manner.
(10) Sanitary conditions. The shelter must be maintained in a sanitary condition.
(11) Fire safety. There must be at least one working smoke detector in each occupied unit of the
shelter. Where possible, smoke detectors must be located near sleeping areas. The fire alarm
system must be designed for hearing -impaired residents. All public areas of the shelter must
have at least one working smoke detector. There must also be a second means of exiting the
building in the event of fire or other emergency.
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EXHIBIT G
ESG - 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 Continutan of Care. The SUBRECIPIENT and COUNTY must consult
with the Continuum of Care to determine how to allocate ESG funds each program year;
develop the performance standards for, and evaluate the outcomes of, projects and activities
assisted by ESG funds; and develop funding, policies, and procedures for the administration
and operation of the HMIS.
(b) Coordination with other targeted homeless services. The SUBRECIPIENT and COUNTY
must coordinate and integrate, to the maximum extent practicable, ESG-funded activities with
other programs targeted to homeless people in the area coveted 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 pat•t 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 Slc);
(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)
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(15) VA Homeless Providers Grant and Per Diem Program (38 CFR part 61)
(16) Health Care for Homeless Veterans Program (38 U.S.C. 2031)
(17) Homeless Veterans Dental Program (38 U.S.C. 2062)
(18) Supportive Services for Veteran Families Program (38 CFR part 62)
(19) Veteran Justice Outreach Initiative (38 U.S.C. 2031)
(c) System and program coordination with mainstream resources. The SUBRECIPIENT and
COUNTY must coordinate and integrate, to the maximum extent practicable, ESG-funded
activities with mainstream housing, health, social services, employment, education, and youth
programs for which families and individuals at risk of homelessness and homeless individuals
and families may be eligible. Examples of these programs include:
(1) Public housing programs assisted under• section 9 of the U.S. Housing Act of 1937
(42 U.S.C. 1437g) (24 CFR parts 905, 968, and 990)
(2) Housing programs receiving tenant -based or project -based assistance under section
8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f) (respectively 24 CFR parts
982 and 983)
(3) Supportive Housing for Persons with Disabilities (Section 811) (24 CFR part 891)
(4) HOME Investment Partnerships Program (24 CFR part 92)
(5) Temporary Assistance for Needy Families (TANF) (45 CFR parts 260-265)
(6) Health Center Program (42 CFR part 51 c)
(7) State Children's Health Insurance Program (42 CFR part 457)
(8) Head Start (45 CFR chapter XIII, subchapter B)
(9) Mental Health and Substance Abuse Block Grants (45 CFR part 96)
(10) Services funded under the Workforce Investment Act (29 U.S.C. 2801 et seq.)
(d) Cenb•alized 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.
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(3)
Policies and procedures for admission, diversion, referral, and discharge by
emergency shelters assisted under ESG, including standards regarding length of
stay, if any, and safeguards to meet the safety and shelter needs of special
populations, e.g., victims of domestic violence, dating violence, sexual assault, and
stalking; and individuals and families who have the highest barriers to housing and
are likely to be homeless the longest.
(4)
Policies and procedures for assessing, prioritizing, and reassessing individuals' and
families' needs for essential services related to emergency shelter.
(5)
Policies and procedures for coordination among emergency shelter providers,
essential services providers, homelessness prevention, and rapid re -housing
assistance providers; other homeless assistance providers; and mainstream service
and housing providers (see §576.400(b) and (c) for a list of programs with which
ESG-funded activities must be coordinated and integrated to the maximum extent
practicable).
(6)
Policies and procedures for determining and prioritizing which eligible families and
individuals will receive homelessness prevention assistance and which eligible
families and individuals will receive rapid re -housing assistance.
(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.
(9)
Standards for determining the type, amount, and duration of housing stabilization
and/or relocation services provided 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 may receive assistance, or the
maximum number of times the program participant may receive assistance.
(f) Participation in HMIS. The SUBRECIPIENT must en During the term of this Agreement,
SUBRECIPIENT shall submit to the COUNTY an Annual Audit Monitoring report (Exhibit
D) no later than 60 days after SUBRECIPIENT's fiscal year end. In addition,
SUBRECIPIENT shall submit to the COUNTY a Single Audit report, Management Letter, and
supporting documentation nine (9) months (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.sure 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 services or legal services
provider, it may use a comparable database that collects client -level data over time (i.e.,
longitudinal data) and generates unduplicated aggregate reports based on the data. Information
entered into a comparable database must not be entered directly into or provided to an HMIS.
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