Backup Documents 01/28/2014 Item #16D12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO hp 12
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATZ
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 Jennifer A. Belpedio, ACA County Attorney Office VA bk\Fx-Q,\vek"
4. BCC Office Board of County
Commissioners /W 4\zc\vcl�
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Gino Santabarbara,Grant Coordinator Phone Number 252-2399
Contact/ Department
Agenda Date Item ' as 01/28/14 Agenda Item Number 16-D-12
Approved by the B
Type of Document Subrecipient Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAB
2. Does the document need to be sent to another agency for additional signatures? If yes, n/a ✓
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip n/a
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 01/28/14 and all changes made during JAB _�-
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by th- JAB
BCC,all changes directed by the BCC have been made,and the document is ready ft r the 9/�.,�
Chairman's signature. �"' ��
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revises . .i ;Revised 11/30/12
16012
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Wednesday, April 30, 2014 10:33 AM
To: 'GinoSantabarbara @colliergov.net'
Subject: January 28 &April 22, 2014 Board Approved Items
Attachments: January 28, 2014 Item #16D12 Subrecipient Agreement.pdf; April 22, 2014 Item #16D1
Agreement Amend #1_City of Naples.pdf
Hi Gino,
Thanks for your patience!
Attached is a copy of the January 28th Habitat Subrecipient Agreement (Item #16012)and
also an item from April 22nd, Amendment #1 to the Agreement with the City of Naples (Item #1601)
Re: the second original copy of #1601; do you want me to send that to the Naples City Clerk, or would
you rather I return it to you? Please just let me know what you'd prefer.
Again, I'm really sorry it took me so long to get these to you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
16012
Grant# - B-13-UC-12-0016
CFDA/CSFA#- 14.218
Subrecipient – Habitat for Humanih of
Collier County, Inc.
DUNS #-080676690
FETI #-59-1834379
Fiscal Year End: 6/30
IDIS Project# —
Monitor End: 12/31/2019
AGREEMENT BETWEEN COLLIER COUNTY
AND
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
Faith Landing Infrastructure Improvements
THIS AGREEMENT is made and entered into this 2S\-\,,da■ of ,2014,by and
between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "O antee") having its
principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Habitat for Humanity of Collier County,
Inc."("1-Iabitat for Humanity" or "Subrecipient") a private not-for-profit corporation existing under the laws of
the State of Florida, having its principal office at 11145 Tamiami Trail E,Naples, FL 34113.
WHEREAS. the COUNTY is an entitlement County of the United States Department of Housing and
Urban Development (HUD) grant program Community Development Block Grant Program funds and the
COUNTY expects to continue to receive entitlement funds from these grant programs to operate the
COUNTY's housing and community development activities; and
WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan - One-Year Action Plans for Federal Fiscal Year 2013-2014 for the CDBG Program at the
August 13, 2013 absentia meeting-Agenda Item 11A, ratified at the September 10, 2013 Board of County
Commissioners meeting; and
WHEREAS,HUD has approved the County's Consolidated Plan,and the County prepared the FY2013-
2014 One-Year Action detailing how it intends to allocate funds received from HUD to conduct eligible
activities for the benefit of low and moderate-income residents;and
WHEREAS, on August 13. 2013, the COUNTY approved the One-Year Annual Action Plan providing
CDBG funds in the amount of$500,000 to Habitat for Humanity of Collier County, Inc. for the CDBG Faith
Landing Infrastructure located in Immokalee, FL; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein, the Parties
agree as follows:
L SCOPE OF WORK
The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards
required as a condition of providing CDBG funds, as determined by Collier County Housing, Human and
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Veteran Services (HHVS), and the FV2013-2014 Action Plan identified and appro.ed the Project to
perform the tasks necessary to conduct the program as follows:
HHVS, as an administrator of the CDBG program, will make available CDBG funds up to the gross
amount of$500,000 to Habitat for Humanity to fund construction of infrastructure and environmental review
for phase 2C of the Faith Landing Development in Immokalee in order to construct affordable single family
homes.
A. SPECIAL GRANT CONDITIONS
1. Within 60 days of the execution of this agreement, the Subrecipient must deliver to HHVS
for approval a detailed project schedule for the completion of the environmental review and
infrastructure construction.
2. The Subrecipient must have the environmental requirement cleared by the HHVS prior to the
incurrence of costs on activities that would limit the choice of reasonable alternatives.
3. The following resolutions and policies must be adopted by the Subrecipient's governing body
prior to the distribution of funds.
a. Affirmative Fair Housing Policy
b. Affirmative Fair Housing Marketing Plan
c. Procurement Policy including Code of Conduct
d. Affirmative Action Plan
e. Conflict of Interest Policy
II Equal Opportunity Policy
g. Residential Anti-displacement and Relocation Policy
h. Sexual Harassment Policy
i. Procedures for meeting the requirements set forth in Section 3 of the Housing and
Urban Development Act of 1968,as amended(12 U.S.C. 794 1 u)
j. Procedures for meeting the requirements set forth in Section 504 of the
Rehabilitation Act of 1973,as amended (29 U.S.C. 794)
B. PROJECT DETAILS
Project Component 1: Environmental Review and Infrastructure Construction.
The engage Subrecipient will a in performing the environmental review and construction of
P g
infrastructure for phase 2C of the Faith Landing Development in Immokalee in order to construct
affordable single family homes. Habitat for Humanity will receive an amount up to$500,000 through an
allocation of funds to perform the following CDBG activities:
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Improvements Federal Funds
Project Component I: Fund Environmental Review and $500,000
Construction of the infrastructure for phase 2C of the Faith
Landing Development in Immokalee in order to construe:
affordable single family homes.
(:rand Total 550U i a 000
1. Project Tasks
a. Maintain documentation on all households served in compliance with
24CFR 85.42
tin CDBG National Objective
b. Provide quarterly reports on meeting a )
c. Provide Environmental Review Assessment
d. Provide Site Design and Specifications
e. Prepare Bid Specifications and Engineer's Cost Estimate
f. Obtain Sealed Bids and provide procurement documentation
g. Provide Certified Payroll as requested
h. Submit invoices to HHVS for environmental and construction of the infrastructure
costs
i. Provide for a lien for each parcel located in phase 2C, in the amount of CDBG
assistance until the project has completed construction
2. National Objective
The grant funds awarded to Habitat for Humanity will benefit at least 51% Low to Moderate
Income Households. As such the Subrecipient shall be responsible for ensuring that at least
51% percent of the beneficiaries meet the definition of Housing Activities at 24 CFR
570.208(a)(3).
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 14th day of January, 2014 and end on the 31st day
of December, 2014. The term of this Agreement and the provisions herein may be extended by amendment to
cover any additional time period during which the SUBRECIPIENT remains in control of CDBG funds or other
CDBG assets, including program income.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available FIVE HUNDRED THOUSAND DOLLARS ($500,000) for
the use by the SUBRECIPIENT during the Term of the Agreement (hereinafter, the aforestated amount
including, without limitation, any additional amounts included thereto as a result of a subsequent amendment(s)
to the Agreement, shall be referred to as the"Funds").
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Modifications to the "Budget and Scope" may only be made if approved in advance. Modifications to
the budget and scope will be performed in concordance with CMA 5530. Budgeted fund shifts between line
items and project components shall not be more than 10% and does not signify a change in scope. Fund shifts
that exceed 10%of a line item and a project component shall only be made with board approval.
All improvements specified in Section I. Scope of Work shall be performed by SUBRECIPIENT
employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and
Federal requirements. The SUBRECIPIENT shall enter into contract for improvements with the lowest,
responsive and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and
monitored by HHVS, which shall have access to all records and documents related to the project.
The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon
completion or partial completion of the work tasks as accepted and approved by HHVS pursuant to the
submittal of quarterly progress reports. SUBRECIPIENT may not request disbursement of CDBG funds until
funds are needed for eligible costs, and all disbursements requests must be limited to the amount needed at the
time of the request. Invoices for work performed are required every month. SUBRECIPIENT may expend
funds only for allowable costs resulting from obligations incurred during the term of this agreement. If no work
has been performed during that month, or if the SUBRECIPIENT is not yet prepared to send the required
backup, a $0 invoice will be required. Explanations will be required if two consecutive months of$0 invoices
are submitted. Payments shall be made to the SUBRECIPIENT when requested as work progresses but, not
more frequently than once per month. Reimbursement will not occur if Subrecipient fails to perform the
minimum level of service required by this agreement. Final invoices are due no later than 90 days after the end
of the agreement. Work performed during the term of the program but not invoiced within 90 days without
written exception from the Grant Coordinator will not be reimbursed. No payment will be made until approved
by HHVS for grant compliance and adherence to any and all applicable local, state or Federal requirements.
Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida
Statutes,otherwise known as the"Local Government Prompt Payment Act."
The Following Table Details the Payment Schedule
Payment Deliverable Payment Schedule Submission Schedule
Environmental Review/ • Submission of monthly • Monthly
Infrastructure invoices on AIA G702-1992
Construction form (attached as Exhibit
"G") or equivalent document
per contractor's Schedule of
Values, check stubs, bank
statements and any other
additional documentation as
requested.
• Final 10%($50,000) released • Final Delivery
upon delivered completed
Environmental Review, and
final beneficiary information
for all households served.
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The Following Table Details the Project Deliverables
Program Deliverable Deliverable Supporting Submission Schedule
Documentation
Special Grant Condition Policies Policies as stated in this agreement Prior to the disbursement of funds
(Section 1.A.3)
Insurance Exhibit A Prior to the disbursement of funds and
annually thereafter until 2019 for all
unsold parcels in phase 2C
Detailed Project Schedule Project Schedule Within 60 days of Agreement
Execution
Project Plans And Specifications Engineer Site Plans Prior to Invitation to Bid
Invitation to Bid Sealed Bid Documents Prior to Imitation to Bid
Submission of Exhibit D Exhibit D Quarterly and Annually thereafter until
11/2018
f=inancial and Compliance Audit Exhibit E Annually 180 days after FY end
Continued Use Certification Continued Use Affidavit Annually until 2018
Program Income Reuse Plan Plan approved by the County Annually until 2018
iV. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid),
commercial courier, or personal delivery or 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: Gino Santabarbara, Grant Coordinator
3339 E Tamiami Trail,Suite 211
Naples, Florida 34112
239-252-2399
GinoSantabarbara@colliergov.net
SUBRECIPIENT ATTENTION: Nick Kouloheras
Executive V.P. of land Development
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail E.
Naples, FL 34113
239-775-0036
nkouloheras@hfhcollier.com
V. ADDITIONAL CONDITIONS AND COMPENSATION
The parties acknowledge that the Funds originate from CDBG grunt funds from HUD and must be
implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY
and HUI) governing CDBG funds pertaining to this Agreement. In the event of curtailment or non-production
of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions
of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination
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shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole
discretion and judgment, that the funds are no longer available. In the event of such termination, the
SUBRECIPIENT agrees that it will not look to, nor seek to hold the COUNTY, nor any individual member of
the County Commissioners and /or County Administration, personally liable for the performance of this
Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms
of this Agreement.
VI. GENERAL CONDITIONS
A. SUBCONTRACTS
No part of this Agreement may be assigned or subcontracted without the written consent of the
COUNTY, which consent, if given at all, shall be at the COUNTY's sole discretion and judgment.
B. GENERAL COMPLIANCE
The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal
Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community
Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the
SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 570.604
and (2) the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process
under the provisions of 24 CFR Part 52. The SUBRECIPIENT also agrees to comply with all other applicable
Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The
SUBRECIPIENT further agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available.
C. INDEPENDENT CONTRACTOR
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or
establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times
remain an "independent contractor" with respect to the services to be performed under this Agreement. The
Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or
medical insurance and Workers' Compensation Insurance, as the SUBRECIPIENT is an independent
contractor.
D. AMENDMENTS
The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such
amendments make specific reference to this Agreement, and are executed in writing, signed by a duly
authorized representative of each organization, and approved by the Grantee's governing body. Such
amendments shall not invalidate this Agreement, nor relieve or release the Grantee or SUBRECIPIENT from its
obligations under this Agreement. No amendments to this agreement will be granted ninety (90) days prior to
the end date of this agreement.
Federal,The COUNTY may, in its discretion, amend this Agreement to conform with , state or local
go ernmental guidelines, policies and available funding amounts, or for other reasons. If such amendments
result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of
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this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee
and SUBRECIPIENT.
Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period,
the COUNTY Manager or designee may subject to CDBG regulations, grant a cumulative time extension of no
more than 180 days and modify any subsequent project work plans to reflect the extension. The request must be
submitted no later than ninety(90)days prior to end date of this Agreement.
E. INDEMNIFICATION
To the maximum extent permitted by Florida law, the SUBRECIPIENT shall indemnify and hold
harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses,
costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors,
patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of
the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of
any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall
pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall
survive the termination and/or expiration of this Agreement. This section does not pertain to any incident
arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver
of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. This Section shall survive
the expiration of termination of this agreement.
F. GRANTEE RECOGNITION/SPONSORSHIPS
The SUBRECIPIENT agrees that all notices, informational pamphlets, press releases, advertisements,
descriptions of the sponsorships of the Program, research reports and similar public notices prepared and
released by the SUBRECIPIENT for,on behalf of, and/or about the Program shall include the statement:
"FINANCED BY U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
(HUD) AND COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
DEPARTMENT"
and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is
intended to disseminate key information regarding the development team as well as Equal Housing Opportunity
to the general public. Construction signs shall comply with applicable COUNTY codes.
G. DEFAULTS, REMEDIES AND TERMINATION
In accordance with 24 CFR 85.43, this Agreement may also be terminated for convenience by either the
Grantee or the SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the
effective date, and, in the case of partial terminations, the portion to be terminated. However, if in the case of a
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partial termination, the Grantee determined that the remaining portion of the award will not accomplish the
purpose for which the award was made, the Grantee may terminate the award in its entirety.
(A) The following actions or inactions by SUBRECIPIENT shall constitute a Default under this
Agreement
1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such
statutes, regulations, executive orders, and HUD guidelines, policies or directives as may
become applicable at any time;
2. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its
obligations under this Agreement;
3. Ineffective or improper use of funds provided under this Agreement; or
4. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in
any material respect.
5. Submission by the SUBRECIPIENT of any false certification;
6. Failure to materially comply with any terms of this Agreement; and
7. Failure to materially comply with the terms of any other agreement between the County and
the SUBRECIPIENT relating to the project.
In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any
combination of one or more of the following remedies:
1. Require specific performance of the Agreement, in whole or in part;
2. Require the use of or change in professional property management;
3. Require immediate repayment by SUBRECIPIENT to the County of all CDBG funds
SUBRECIPIENT has received under this Agreement;
4. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable;
5. Stop all payments until identified deficiencies are corrected;
6. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination
and specifying the effective date of such termination. If the Agreement is terminated by the
County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of
benefit for any incomplete project activities undertaken under this Agreement.
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VII. REVERSION OF ASSETS 16012
In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to
any and all other remedies available to the COUNTY (whether under this Agreement or at law or in equity) the
SUBRECIPIENT shall immediately transfer to the COUNTY any funds on hand at the time of termination (or
expiration) and any accounts receivable attributable to the use of CDBG funds per 24 CFR 570.503(0(7).
The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's
right (nor excuse SUBRECEIPIENT's obligation) to recoup all or any portion of the funds, as the COUNTY
may deem necessary.
Title to equipment acquired by SUBRECIPIENT shall vest with the SUBRECIPIENT, subject to the
conditions outlined in 24 CFR 84.34.
Title to supplies and other expendable property shall vest with the SUBRECIPIENT upon acquisition
subject to the conditions outlined in 24 CFR 84.35.
VIII. INSURANCE
SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all
insurance required under this Section and outlined in Exhibit "A" has been obtained, and carried, at all times
during its performance.
IX. ADMINISTRATIVE REQUIREMENTS
A. EXAMINATION OF RECORDS
The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506
to determine compliance with the requirements of this Agreement, the CDBG Program and all other applicable
laws and regulations. This documentation shall include, but not be limited to,the following:
B. DOCUMENTATION AND RECORDKEEPING
1. All records required by CDBG.
2. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the service.
3. All reports, plans, surveys, information, documents, maps, books, records and other data
procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the
purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at
any time upon request by the COUNTY or HHVS. Materials identified in the previous sentence
shall be in accordance with generally accepted accounting principles, procedures and practices,
which sufficiently and properly reflect all revenues and expenditures of funds provided directly
or indirectly by this Agreement, including matching funds and Program Income. These records
shall be maintained to the extent of such detail as will properly reflect all net costs, direct and
indirect labor, materials, equipment, supplies and services, and other costs and expenses of
whatever nature for which reimbursement is claimed under the provisions of this Agreement.
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4. Upon completion of all work contemplated under this Agreement copies of all documents and
records relating to this Agreement shall be surrendered to HHVS if requested. In any event the
SUBRECIPIENT shall keep all documents and records in an orderly fashion in a readily
accessible, permanent and secured location for four (4) years after the date of submission of the
annual performance and evaluation report. as prescribed in 24 CFR 91.520 with the following
exception: if any litigation, claim or audit is started before the expiration date of the four(4) year
period, the records will be maintained until all litigation, claim or audit findings involving these
records are resolved. The COUNTY shall be informed in writing if an agency ceases to exist
after closeout of this Agreement of the address where the records are to be kept as outlined in 24
CFR 85.42. Meet all requirements for retaining public records and transfer, at no cost, to
COUNTY all public records in possession of the SUBRECIPIENT upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to the COUNTY in a format that is compatible with the information technology systems of the
public agency.
5. The SUBRECIPIENT shall maintain records showing compliance with the Davis-Bacon Law,
including files containing contractor payrolls,employee interviews, Davis-Bacon wage rates, and
administrative cross-referencing. SUBRECIPIENT shall maintain records showing contractor
compliance with the Contract Work Hours and Work Safety Law. Similarly, the
SUBRECIPIENT shall maintain records showing compliance with federal purchasing
requirements and with other federal requirements for grant implementation.
6. The SUBRECIPIENT will be responsible for the creation and maintenance of income eligible
files on clients served and documentation that all households are eligible under HUD Income
Guidelines. The SUBRECIPIENT agrees that HHVS shall be the final arbiter on the
SUBRECIPIENT's compliance.
7. The SUBRECIPIENT shall document how the National Objective(s) as defined in 24 CFR
570.208 and the eligibility requirement(s) under which funding has been received, have been
met. These also include special requirements such as necessary and appropriate determinations
as defined in 24 CFR 570.209, income certification, and written Agreements with beneficiaries,
where applicable.
8. SUBRECIPIENT shall provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as otherwise provided by law. SUBRECIPIENT shall ensure
that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law.
C. REPORTS AND EVALUATIONS(MONITORING)
Reimbursement may be contingent on the timely receipt of complete and accurate reports required by
this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed
necessary by the County Manager or designee.
During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 15th
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day of January, Jul and October respectively for the prior quarter period endi\saU i 2-eport
y April, July
submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the
agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data
on client feedback with respect to the goals and objectives set forth in Exhibit "D". Exhibit "D" contains an
example reporting form to be used in fulfillment of this requirement. Other reporting requirements may be
required by the County Manager or their designee in the event of Program changes; the need for additional
information or documentation arises; and/or legislative amendments are enacted. Reports and/or requested
documentation not received by the due date shall be considered delinquent and may be cause for default and
termination of this Agreement.
During the term, SUBRECIPIENT shall submit an annual audit monitoring report (Exhibit E) to the
COUNTY no later than 180 days after the SUBRECIPIENT's fiscal year end. The COUNTY will conduct an
annual financial and programmatic review.
The SUBRECIPIENT agrees that HHVS will carry out no less than one (I) annual on-site monitoring
visit and evaluation activities as determined necessary. At the COUNTY's discretion, a desk top review of the
activities may be conducted in lieu of an on-site visit. The continuation of this Agreement is dependent upon
satisfactory evaluations. The SUBRECIPIENT shall, upon the request of HHVS, submit information and status
reports required by HHVS or HUD to enable HHVS to evaluate said progress and to allow for completion of
reports required. The SUBRECIPIENT shall allow HHVS or HUD to monitor the SUBRECIPIENT on site.
Such site visits may be scheduled or unscheduled as determined by HHVS or HUD.
D. ADDITIONAL HOUSING, HUMAN AND VETERAN SERVICES, COUNTY, AND HUD
REQUIREMENTS
The SUBRECIPIENT agrees to utilize funds available under this Agreement to supplement rather than
supplant funds otherwise available for specified activities.
E. PURCHASING
All purchasing for services and goods, including capital equipment, shall be made by purchase order or
by a written contract and in conformity with the thresholds of the Collier County Purchasing Policy
Purchasing Threshold Policy
Dollar Range(S) Quotes
Under$3K 1 Written Quote
Above$3K to $50K 3 Written Quotes
Above$50K Request for Proposal (RFP)
Invitation for Bid(IFB)
F. AUDITS AND INSPECTIONS
At any time during normal business hours and as often as the COUNTY (and/or its representatives) may
deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data
relating to all matters covered by the Agreement for review, inspection or audit.
G. PROGRAM-GENERATED INCOME
Any "Program Income" (as such term is defined under applicable Federal regulations) gained from any
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activity of the SUBRECIPIENT funded by CDBG funds shall be reported to the COUNTY through an annual
program income re-use plan, utilized by the SUBRECIPIENT and shall be in compliance with 24 CFR
570.503(c) in the operation of the Program.
H. GRANT CLOSEOUT PROCEDURES
SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are
completed. Activities during this closeout period shall include, but not be limited to: making final payments,
disposing of program assets (including the return of all unused materials, equipment, program income balances,
and receivable accounts to the COUNTY), and determining the custodianship of records. In addition to the
records retention outlined in Section IX.B.4, the SUBRECIPIENT shall comply with Section 119.021 Florida
Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law
records retention requirements will result in the more stringent law being applied such that the record must be
held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be
returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled
under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall
also produce records and information that complies with Section 215.97, Florida Single Audit Act.
X. OTHER PROGRAM REQUIREMENTS
A. OPPORTUNITIES FOR RESIDENTS AND CIVIL RIGHTS COMPLIANCE
The SUBRECIPIENT agrees that no person shall be excluded from the benefits of, or be subjected to,
discrimination under any activity carried out by the performance of this Agreement on the basis of race, color,
disability, national origin, religion, age, familial status, or sex. Upon receipt of evidence of such discrimination,
the COUNTY shall have the right to terminate this Agreement.
To the greatest extent feasible, lower-income residents of the project areas shall be given opportunities
for training and employment; and to the greatest feasible extent eligible business concerns located in or owned
in substantial part by persons residing in the project areas shall be awarded contracts in connection with the
project. The SUBRECIPIENT shall comply with Section 3 of the Housing and Community Development Act of
1968.
B. OPPORTUNITIES FOR SMALL AND MINORITYIWOMEN-OWNED BUSINESS
ENTERPRISES
The SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises,
and women's business enterprises the maximum practicable opportunity to participate in the performance of this
contract. As used in this contract, the terms"small business" means a business that meets the criteria set forth in
section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business
enterprise"means a business at least fifty-one(51)percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking,
Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The
SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
C. PROGRAM BENEFICIARIES
Habitat for Humanity of Collier County.Inc,
2013-2014 CMG(CDBGI3-03)
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r 1 rill At least fifty-one rcent (51%)of the beneficiaries of a project funded through tfth : rttrfietit Est be
e 8
percent P J
low- and moderate- income persons. If the project is located in an entitlement city, as defined by HUD, or
serves beneficiaries countywide, more than thirty percent (30%) of the beneficiaries directly assisted under this
Agreement must reside in unincorporated Collier County or in municipalities participating in the County's
Urban County Qualification Program. The project shall assist beneficiaries as defined above for the time period
designated in Exhibit "D"of this Agreement.
D. AFFIRMATIVE ACTION
The SUBRECIPIENT agrees that it shall be committed to carry out pursuant to the COUNTY's
specifications an Affirmative Action Program in keeping with the principles as provided in President's
Executive Order 1 1246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to
the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for
an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be
updated throughout the five year period and submitted to County within 30 days of update/modification.
E. CONFLICT OF INTEREST
The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions
or responsibilities in connection with the Project, has any personal financial interest, direct or indirect, in the
Project areas or any parcels therein, which would conflict in any manner or degree with the performance of this
Agreement and that no person having any conflict of interest shall be employed by or subcontracted by the
SUBRECIPIENT. The SUBRECIPIENT covenants that it will comply with all provisions of 24 CFR 570.611
"Conflict of Interest", and the State and County statutes, regulations, ordinance or resolutions governing
conflicts of interest. Any possible conflict of interest on the part of the SUBRECIPIENT or its employees shall
be disclosed in writing to HHVS 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.
The SUBRECIPIENT will notify the COUNTY in writing and seek COUNTY approval prior to entering
into any contract with an entity owned in whole or in part by a covered person or an entity owned or controlled
in whole or in part by the SUBRECIPIENT. The COUNTY may review the proposed contract to ensure that
the contractor is qualified and that the costs are reasonable. Approval of an identity of interest contract will be
in the COUNTY's sole discretion. This provision is not intended to limit SUBRECIPIENT's ability to self-
manage the projects using its own employees. Any possible conflict of interest on the part of the
SUBRECIPIENT or its employees shall be disclosed in writing to HHVS provided, however, that this
paragraph shall be interpreted in such a manner so an not to unreasonably impede the statutory requirement that
maximum opportunity be provided for employment of and participation of low and moderate income residents
of the project target area.
XI. CONDITIONS FOR RELIGIOUS ORGANIZATIONS
CDBG funds may be used by religious organizations or on property owned by religious organizations
only in accordance with requirements set in Section 24 CFR 570.200(j). The SUBRECIPIENT shall comply
with First Amendment Church/State principles as follows:
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2013.2014 CDBG(C DBG 1 3-03)
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or employment o f ea P or rion.
a. It will not discriminate against any employee r applicant f' p to y ment o
and will not limit employment or give preference in employment to persons on the basis of religion
b. It will not discriminate against any person applying for public services on the basis of religion and
will not limit such services or give preference to persons on the basis of religion.
c. It will retain its independence from Federal, State and local governments and may continue to carry
out its mission, including the definition, practice and expression of its religious beliefs, provided that
it does not use direct CDBG 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. CDBG 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 CDBG funds in this part.
Sanctuaries, chapels, or other rooms that a CDBG funded religious congregation uses as its principal
place of worship, however, are ineligible for CDBG funded improvements.
XII. SEVERABILITY
Should any provision of the Agreement be determined to be unenforceable or invalid, such a
determination shall not affect the validity or enforceability of any other section or part thereof
(Signature Page to Follow)
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IN WITNESS WHEREOF, the Sub recipient and the County, have each, respectively, by an authorized person
or agent, hereunder set their hands and seals on the date first written above.
I Syr - A--s.
\1 Ilse •4'u ,f ` BOARD OF CO TY COMMISSIONERS OF
I)v\ 1(11 rt. t ' ltb CK -1 t K COLLIER COUNTY ,' LORIDA
. I
ttestast • , g
i; •
� Tom Henning, Chairman/ -_ ---
1 Vtur ir)_I 3D ( aD ( 4
(SEAL,.)
HABITAT FOR HUMANITY OF COLLIER
COUNTY. INC.
By:0(4,' ,. 21,1Z---2.-
Nick Koulohera••
I0(e1)0ce,.. V, KQUt)Mle- s
Executive V.P.of Land Development for Ilabitat
for Humanity of Collier County, Inc.
Item# ' -Pp12.-
Agenda t...:7 i 1
Date Approved as to form and legal su \'')-2
Cb
Date 4-2c.-l 1-
Recd ` ��� ti
■
1 41 Jennifer A. Belpedio
'eputy C 43 4 Assistant County Attorne ,....P
--,
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EXHIBIT"A"
INSURANCE REQUIREMENTS
The SUBRECIPIENT shall furnish to Collier County, c/o Housing, Human and Veteran Services
Department, 3339 E. Tamiami Trail, Suite 211, Naples, Florida 34112, Certificate(s) of Insurance evidencing
insurance coverage that meets the requirements as outlined below:
1. Workers' Compensation as required by Chapter 440,Florida Statutes.
2. Commercial General Liability including products and completed operations insurance in the
amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown
as an additional insured with respect to this coverage.
3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County shall be named as an additional
insured.
DESIGN STAGE(IF APPLICABLE)
In addition to the insurance required in 1 — 3 above, a Certificate of Insurance must be provided as
follows:
4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design
professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per
occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the
design professional shall become legally obligated to pay as damages for claims arising out of
the services performed by the SUBRECIPIENT or any person employed by the
SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a
period of two (2) years after the certificate of Occupancy is issued. Collier County shall be
named as an additional insured.
CONSTRUCTION PHASE(IF APPLICABLE)
In addition to the insurance required in 1 — 4 above, the SUBRECIPEINT shall provide or cause its
Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any
construction:
5. Completed Value Builder's Risk Insurance on an All Risk" basis in an amount not less than one
hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall
be in the name of Collier County and the SUBRECIPIENT.
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6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4001), the Subrecipient shall assure that for activities located in an area identified by the Federal
Emergency Management Agency (FEMA) as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes(including rehabilitation).
OPERATION/MANAGEMENT PHASE OF APPLICABLE)
After the Construction Phase is completed and occupancy begins, the following insurance must be kept
in force throughout the duration of the loan and/or contract:
9. Workers' Compensation as required b Chapter 440, Florida Statutes.
10. Commercial General Liability including products and completed operations insurance in the
rr and $2,000,000 aggregate. Collier Count must be shown
000 000 per cu occurrence County amount of$1
amo
pe
as an additional insured with respect to this coverage.
11. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in
connection with this contract in an amount not less than $1,000,000 combined single limit for
combined Bodily Injury and Property Damage. Collier County as an additional insured.
12. Property Insurance coverage on an All Risk" basis in an amount not less than one hundred
(100%) of the replacement cost of the property. Collier County must be shown as a Loss payee
with respect to this coverage A.T.I.M.A.
13. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full
replacement values of the structure(s)or the maximum amount of coverage available through the
National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss
Payee A.T.I.M.A.
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16 [Jk
EXHIBIT "B"
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REOUEST FOR PAYMENT,
Sub recipient Name: Habitat For Humanity of Collier County, Inc.
Sub recipient Address:
Project Name: Environmental Review and Infrastructure Construction
Project No: Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 1/14/14 — 12/31/14
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$ $500,000
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today"s Request
6. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been made in accordance with the terms and conditions of the
Agreement between the COUNTY and us. To the best of my knowledge and belief, all grant requirements have
been followed.
Signature Date
Title
Authorizing Grant Coordinator
Supervisor, (approval authority under$14,999)
Dept Director (approval required $15,000 and above)
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i6D1 ,
EXHIBIT"C"
RELEASE AND AFFIDAVIT FORM,
The SUBRECIPIENT certifies for itself and its contractors, subcontractors, vendors, successors and
assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which COUNTY
might be sued or for which a lien or a demand against any payment bond might be filed, have been satisfied and
paid.
This Release and Affidavit is given in connection with the SUBRECIPIENT's (monthly/final) Request
for Payment.
HABITAT FOR HUMANITY OF COLLIER
COUNTY, INC.
Witness: BY:
BY: ITS:
DATE:
Print name and title
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of . 20_, by
as of
A Choose Not-For-Profit, or Corporation or Municipality on behalf of
Choose Not-For-Profit, Corporation or Municipality . He/She is personally known to me OR has
produced as identification and who did(did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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2013-2014 C1)136(C1)13613-03)
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Agency Name: Habitat for Humanity of Collier County.Inc. Date:
Project Title: Environmental Review and Infrastructum Construction
i' Alternate
Program Contact: :�•• Contact:
Telephone Number:
*REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): 03/31/14 ❑ 06/30/14 ❑ 9/30/13 ❑ 12131/14 ❑
Please take note: The CDBG/HOME/ESG Program year begins October 1,2013-September 30,2014 Each quarterly report needs to include cumulative
data beginning from the start of the program year October 1,2013.
Please list the outcome goals)from your approved application&sub-recipient agreement and indicate your progress In meeting those
1. goats since January 14,2013.
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
Outcome 1:Maintain documentation on all households us ing the ` 'tyi n complianoe with th 24CFR$5.42
Outcome 2: Provide quarterly reports on meeting a CDBO National•Orb edti .
Outcome 3: Provide Environmental Review Assessment , � �.: .> .•Outcome 4:Provide Site.Design and Specifications •�`.•' r fa„�'' . .` •
Outcome 5: Prepare Bid Specifications and.Engineer's Cost Estunate:` " '
Outcome 6: Obtain Sealed Bids and provide procurement documentation
Outcome 7: Provide Certified Payroll as requested
Outcome 8: Submit invoices to HHVS for environmental and construction costs
Outcome 9: Provide for a lien on each parcel in the amount of CDBG assistance until the project has completed
construction.
.
7.
B.Goal Progress:Indicate the progress to date in meeting each outcome goal.
Outcome 1:
•
I labitat for I Iumanit) of Collier Count).Inc.
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. .
Is this project still In compliance with the original project schedule?If mom than 2 month behind schedule,must submit a new timeline
2. for approval.
❑ • 0
Yes No
It no.explain.
•
>i� '•, ..
3. Since January 14, 2014,of the persons assisted,how many....
a. now have new access(continuing)to this service or benefit? 0
b. . now has improved access to this service or benefit? 0
c. . now receive a service or benefit that is no longer substandard? 0
TOTAL: 0
4. What funding sources are applied for this period/program year?
$
Section 108 Loan Guarantee - HOPWA -
$ $
Other Consolidated Plan Funds - CDBG -
. :r • . $
Other Federal Funds - ., ,: ESG
State/Local Funds ••` '.'•_".,• � HOME
ti�
Tota I
$ Entitlement $
Total Other Funds Funds -
l lahital for 1 turnanity•of Collier County. Inc.
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161312
EXHIBIT "D"
QUARTERLY PROGRESS REPORT
6. (What M the total number of UNDUPLICATED tienta segued qM quaker,V applicable? 1
a Tad No d BOA rem alas served 0 Taal No of females swved under 18 0
b Taal Ik d adult males served 0 Toler No Cl mess served under 18 0
TOTAL: 0 TOTAL: 0
c. TWd No 4 ferndms swvwl 0 Toter No of female head of household
e. (What le the total number of UNDUPLICATED clients served since October.I ap$ECabte7
a. Taal number of adW females served 0 Taal number of tamales weed served orsier 18 0
b. Taal number of adus males served 0 Total number of males served o rder 18 0
TOTAL: 0 TOTAL: 0
c. Toll No of tamest'wed 0 Tsai No of)ernes hoed of household 0
CornoNle EITHER oueetlon 87 OR 14.Conpale questran n 1 you,program only serves cswnts n are or mere d the hated HUD Presumed
Benoit calegernss CompiS question 1 any cavil n yo,program does ha fat no•Presumed Bereft category
Eta NOT COMPLETE BOTH QUESTION 7 MID S,
7 !PRESUMED WENEF1C4*RY DATA r S. !OTHER BENEFICIARY DATA INCOME RNIOE I
Indicate the tout number of UNDIJP1tATED Indicate the total number of INDUP1.iCATEN Porwna
persons sorted since October 1 wlw fall Into weed since October 1 who tall Into each Income
each prewnwd beneNt category the feral
category(the tots/should a%LaMe toted rn question e6):
shored equal me)Ofd Molest/on a6):
Report ae: Report as:
O Abused Chldren 0 Extremely we Intone(0.30%)
O hbm.M►s$Person 0 Low Income(31.50)
O Baswed Spouses 0 Moderate Icome(51.80%)
O Persons tin IfSIAOS 0 Above Moderate Income(I.3%(
O Enemy Persons
O Veterans
0 Chromatid MMsaM
0 Phrysmary Coatis:Aries
O Omer-Youth
TOTAL: 3 TOTAL: 0
s (Racial&Ethnic Data: �IE.PPN )
Please Indicate how puny UNINEISAIIII chants served since October fall Into each race category.In addition
to such race category, phase Indicate how many persons In each rhea category consider themselves Hispanic
(Total Race column should equal the total cell).
RAGE ETHNICITY
wee a wham toe merry we Hapax/
BlackAnCn&herein 0 0 01 whom how merry we Hnpanx?
Assn 0 0 Of whom how many are Hspwrc'
American I derMatka Marie- 0 .0 .d wton Ives many are Hrspw>.c�
Nelms HenwwYOtner Pack.Wanda `0 0 .d stem how many we/Wperw7
Amercan hdwVAHSki n Netts 8 Whoa '0 0 Of wham trove many we Radars
Bat/Ferran Amerces 8 Writs - 0 0 .er"morn how many we nsepenci
Am hawvNasw N ene tt BIeck/arcn Am 9- 0 .Of whom how many we Newest 7
Otte:MAtt.racrw 0_ 0 of when now mew we Hrspwsc'
Omer -0 0 of*non how many we IMparsG-f
TOTAL; 0 0 TOTAL HISPANIC
lime Spnww
Your typed n erne Nye represents yQ/eiecborec
Title srgnpue
I Iahitat for I luntanit) of Collier County.Inc.
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.�
EXHIBIT E
ANNUAL AUDIT MONITORING REPORT,
OMB Circular A-133 Audits of States, Local Governments, and Non-Profit Organizations requires the Collier
County Housing, Human and Veterans Services Department to monitor our sub recipients of federal awards
and determine whether they have met the audit requirements of the circular and whether they are in
compliance with federal laws and regulations. Accordingly, we are requiring that you check one of the
following, provide all appropriate documentation regarding your organization's compliance with the audit
requirements, sign and date this form.
Sub recipient Habitat for Humanity of Collier County, Fiscal Year
Name Inc. Period
Total State Financial Assistance Expended during
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federaVstate expenditure threshold for our fiscal year ending
❑ as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
indicated above and expect to complete our Circular A-133 audit by . Within
0 30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Habitat li,r Iluntanil} of Collier County.Inc.
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{
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EXHIBIT"F"
LOCAL AND FEDERAL RULES, REGULATIONS AND LAWS
1. 24 CFR 570, as amended - The regulations governing the expenditure of Community Development Block
Grant (CDBG) funds.
2. 24 CFR 58 -The regulations prescribing the Environmental Review procedure.
3. Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as
amended
4. Title Vl of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended
5. 24 CFR 570.601 Subpart K - The regulations issued pursuant to Executive Order 11063 which prohibits
discrimination and promotes equal opportunity in housing.
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.
7. Title VII of the 1968 Civil Rights Act as amended by the Equal Employment Opportunity Act of 1972. 42
USC § 2000e, el. 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.
8. 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act
of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended,
and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued
hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance
provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of' the
SUBRECIPIENT's Sub-recipients and subcontractors. Failure to fulfill these requirements shall subject the
COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and subcontractors, their
successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is
provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists that would
prevent compliance with these requirements.
The SUBRECIPIENT further agrees to comply with these "Section 3" requirements and to include the
following language in all subcontracts executed under this Agreement:
'The work to be performed under this Agreement is a project assisted under a program
providing direct Federal financial assistance from HUD and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of 1968, as
amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible
opportunities for training and employment be given to low- and very low-income
residents of the project area, and that contracts for work in connection with the project
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."
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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 CDBG-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
CDBG-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.
9. Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by
Executive Orders 11375, 11478, 12107 and 12086.
10. Contract Work Hours and Safety Standards Act, 40 USC 327-332.
11. Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5), 24 CFR 570.614 Subpart K.
12. The Americans with Disabilities Act of 1990
13. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
14. 29 CFR Parts 3 and 5 - Regulations which prescribe the payment of prevailing wages and the use of
apprentices and trainees on federally assisted projects as mandated by the Davis-Bacon Act. HUD Form
4010 must be included in all construction contracts funded by CDBG. (See 42 USC 276a and 24 CFR
135.11(c)).
15. Executive Order 11914 - Prohibits discrimination with respect to the handicapped in federally assisted
projects.
16. Executive Order 11625 and U.S. Department of Housing and Urban Development Circular Letter 79-45 -
which prescribes goal percentages for participation of minority businesses in Community Development
Block Grant Contracts.
17. The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting
opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607,as revised by Executive
Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable.
18. Public Law 100-430 -the Fair Housing Amendments Act of 1988.
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19. 24 CFR 84 - Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations and specified by the following subsections:
• Subpart A—General;
• Subpart B—Pre-Award Requirements,except for 84.12, Forms for Applying for Federal Assistance;
• Subpart C —Post-Award Requirements, except for:
o Section 84.22, Payment Requirements- Grantees shall follow the standards of 85.20(b)(7)
and 85.21 in making payments to SUBRECIPIENTs;
o Section 84.23,Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENTs shall follow
570.504;
o Section 84.25, Revision of Budget and Program Plans;
o Section 84.32, Real Property — In lieu of 84.32, CDBG SUBRECIPIENTs shall follow
570.505;
o Section 84.34(g), Equipment— In lieu of the disposition provisions of 84.34(g) the following
applies:
• In all cases in which equipment is sold, the proceeds shall be program income (pro-
rated to reflect the extent to which CDBG funds were used to acquire the equipment);
and
• Equipment not needed by the SUBRECIPIENT for CDBG activities shall be
transferred to the recipient for the CDBG program or shall be retained after
compensating the recipient;
o Section 84.35, Supplies and other Expendable Property
o Section 84.51(b), (c),(d), (e), (f)and(h), Monitoring and Reporting Program Performance;
o Section 84.52, Financial Reporting;
o Section 84.53(b), Retention and Access Requirements for Records. Section 84.53(b) applies
with the following exceptions:
• The retention period referenced in 84.53(b) pertaining to individual CDBG activities
shall be four years; and
• The retention period starts from the date of submission of the annual performance and
evaluation report, as prescribed in 24 CFR 91.520, in which the specific activity is
reported on for the final time rather than from the date of submission of the final
expenditure report for the award;
o Section 84.61, Termination - In lieu of the provisions of 84.61, CDBG SUBRECIPIENTs
shall comply with 570.503(b)(7);and
• Subpart D—After-the-Award Requirements—except for 84.71, Closeout Procedures
20. 24 CFR 85 - Administrative Requirements for Grants and Agreements to State and Local Governments shall
be followed for sub recipients that are governmental entities.
21. Immigration Reform and Control Act of 1986 as located at 8 USC 1324, et seq. and regulations relating
thereto. Failure by the SUBRECIPIENT to comply with the laws referenced herein shall constitute a breach
of this agreement, and the County shall have the discretion to unilaterally terminate this agreement
immediately.
22. 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.
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23. 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.
24. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this Agreement to
resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes
by negotiation. Any situations when negotiations, litigation and/or mediation shall be attended by
representatives of SUBRECIPIENT with full decision-making authority and by COUNTY'S staff person
who would make the presentation of any settlement reached during negotiations to COUNTY for approval.
Failing resolution. and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit to
mediation as required hereunder, the other party may obtain a court order requiring mediation under §
44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier County, Florida, if in
state court and the US District Court, 20th Judicial Court of Florida, if in federal court. BY ENTERING
INTO THIS AGREEMENT, COLLIER COUNTY AND THE SUBRECIPIENT EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION
RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
25. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act,41 USC 7401, cat seq.
b. Federal Water Pollution Control Act, 33 USC 1251,et seq.,as amended.
26. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24
CFR 570.605 Subpart K), 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.
27. The SUBRECIPIENT agrees that any construction or rehabilitation of residential structures with assistance
provided under this contract shall be subject to HUD Lead-Based Paint Poisoning Prevention Act found at
24 CFR 570.608, Subpart K.
28. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in the National
Historic Preservation Act of 1966. as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part
800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as
they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and
demolition of historic properties that are fifty years old or older or that are included on a federal, state or
local historic property list.
29. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-
Free Workplace Act of 1988 (41 USC 701).
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30. The SUBRECIPIENT certifies that neither it. nor its principals, is presently debarred, suspended. proposed
for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any
Federal Department or agency; and, that the SUBRECIPIENT shall not knowingly enter into any lower tier
contract, or other covered transaction, with a person who is similarly debarred or suspended from
participating in this covered transaction as outlined in 24 CFR 570.609, Subpart K.
31. The SUBRECIPIENT agrees to comply with the following OMB Circulars whichever is applicable, and
agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal
controls. and maintain necessary source documentation for all costs incurred.
States, local governments,and Indian Tribes follow:
• A-87 for Cost Principles
• A-102 for Administrative Requirements
Educational Institutions(even if part of a State or local government) follow:
• A-21 for Cost Principles
• A-110 for Administrative Requirements
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
32. Audits shall be conducted annually and shall be submitted to the COUNTY one hundred eighty (180) days
after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the
requirements and standards of OMB A-133, Audits of States, Local Governments, and Non-Profit
Organizations. If this Agreement is closed out prior to the receipt of an audit report, the COUNTY reserves
the right to recover any disallowed costs identified in an audit after such closeout.
33. Any real property acquired by the SUBRECIPIENT for the purpose of carrying on the projects stated
herein, and approved by the COUNTY in accordance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 and 49 CFR 24.101, shall be subject to the provisions of CDBG
including, but not limited to, the provisions on use and disposition of property. Any real property within the
SUBRECIPIENT control, which is acquired or improved in whole or part with CDBG funds in excess of
$25,000, must adhere to the CDBG Regulations at 24 CFR 570.505.
34. As provided in § 287.133, Florida Statutes by entering into this Agreement or performing any work in
furtherance hereof, the SUBRECIPIENT certifies that it, its affiliates, suppliers, subcontractors and
consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by
the State of Florida Department of Management Services within the 36 months immediately preceding the
date hereof. This notice is required by § 287.133 (3)(a), Florida Statutes.
35. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal. amendment. or
modification of any Federal contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency. a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
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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.
36. Travel reimbursement will be based on the U.S. General Services Administration (GSA) per diem rates in
effect at the time of travel.
37. Any rule or regulation determined to be applicable by HUD.
38. Florida Statutes 713.20, Part 1, Construction Liens
39. Florida Statutes 119.021 Records retention
40. Florida Statutes,119.07 I, Contracts and Public Records
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EXHIBIT "G"
AIA G702-1992 Form
®
IA Document G7021M- 1992 Instructions
Application and Certificate for Payment
GENERAL INFORMATION
Purpose and Related Documents
AIA Document G702.Application and Certificate for Payment,is to be used in conjunction with AIA Document G703,Continuation
Sheet.These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures
for their use are covered in MA Document A201,General Conditions of the Contract for Construction.
Use of Current Documents
Prior to using any AlA Contract Document,users should consult www.aia.org or a local AMA component to verify the most recent
edition.
Reproductions
This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the
AIA.There is no implied permission to reproduce this document,nor does membership in The American Institute of Architects confer
any further rights to reproduce this document.
The AIA hereby grants the purchaser a limited license to reproduce a maximum of ten copies of a completed G702,but only for use in
connection with a particular project.The AlA will not permit reproduction outside of the limited license for reproduction granted
above,except upon written request and receipt of written permission from the AIA.
Rights to reproduce the document may vary for users of AMA software,licensed AIA software users should consult the End User
License Agreement(EULA).
To report copyright violations of MA Contract Documents,e-mail The American Institute of Architects'legal counsel,
copyright COaia.oriz.
COMPLETING THE G702 FORM
After the Contractor has completed AIA Document 0703,Continuation Sheet,summary information should be transferred to MA
Document G702.Application and Certificate for Payment.
The Contractor should sign 0702,have it notarized,and submit it.together with G703,to the Architect.
The Architect should review G702 and G703 and,if they are acceptable,complete the Architect's Certificate for Payment on 0702.
The Architect may certify a different amount than that applied for,pursuant to Sections 9.5 and 9.6 of A20I.The Architect should
then initial all figures on 0702 and 0703 that have been changed to conform to the amount certified and attach an explanation.The
completed G702 and G703 should be forwarded to the Owner.
MAKING PAYMENT
The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document 0702,
Application and Certificate for Payment.The completed form contains the name and address of the Contractor.Payment should not be
made to any other party unless specifically indicated on G702.
EXECUTION OF THE DOCUMENT
Persons executing the document should indicate the capacity in which they are acting(i.e.,president,secretary,partner,etc.)and the
authority under which they are executing the document.Where appropriate,a copy of the resolution authorizing the individual to act
on behalf of the firm or entity should be attached.
AIA Document 6702'0—1992.Copyright m 1953,1983.1965,1971,1978,1983 and 1992 by The American Institute of Architects.All rights reserved.WARNING:This
AIAe Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any portion of
It,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten
(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail The American Institute of Architects'legal counsel,
copyrighteeia.ore,
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Document G702' — 1992
Application and Certificate for Payment
TO OWNER: PROJECT: APPLICATION NO: Distribution to:
PERIOD TO: OMER E
CONTRACT FOR: ARCHITECT 0
FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: CONTRACTOR 0
PROJECT NOS:
FIELD 0
OTHER 0
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,information
and belief the Work covered by this Application for Payment has ken completed in accordance
Apply...mon is wide tor payment,as shown below.In connection with the Contract,
with the Contract Documents,that all amounts have been paid by the Contractor for Work for
Continuation Sheet.AIA Document G703.is attached, which previous Certificates for Payment were issued and payments receised from the Owner,and
I.ORIGINAL CONTRACT SUM _... ..... ..... S that current payment shown herein is now due.
2.Net change by Change Orders .................. ... ...... $ CONTRACTOR:
3.CONTRACT SUM TO DATE(Line I± ............. ....... $ By: Date:
4.TOTAL COMPLETED 8 STORED TO DATE(Column Don G703) . $ State of:
5.RETAINAGE: County of:
a. c7(of Completed Work Subscribed and sworn to before
(Column D+Eon 0703) me this day of
b. ck of Stored Material
(Column F on 0703) S Notary Public:
My Commission expires:
Total Retainage(Lines 5a+5b or Total in Column I of G703,..... S
6.TOTAL EARNED LESS RETAINAGE .............—....... $ ARCHITECT'S CERTIFICATE FOR PAYMENT
,Line 4 Less lane 3,iviali In accordance with the Contract Documents,based on on-se obsersations and the data comprising
7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ this application,the Architect certifies to the Owner that to the best of the Architect's knowledge,
information and belief the Work has progressed as indicated, the quality of the Work is in
Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of the
8.CURRENT PAYMENT DUE 7 AMOUNT CERTIFIED.
9.BALANCE TO FINISH,INCLUDING RETAINAGE
!Line 3 less Line to S (Attach explanation if-amount certified differs from the amount applied.Initial all figures on this
Application and on the Continuation Sheet that are changed to con(onn iv oh the amount certified.)
CHANGE ORDER SUMMARY I ADDITIONS DEDUCTIONS ARCHITECT:
Total changes approved in previous months by Owner S S By: Dale:
Total approved this Month IS S
TOTALS S This Certificate is not negotiable.The AMOUNT CERTIFIED is payable only to the Contractor
named herein.Issuance,payment and acceptance of payment are without prejudice to any rights of
NET CHANGES by Change Order IS the Owner or Contractor under this Contract
AIA Document GTO2n1-1992.Copyright 0 1953,1963.1965,1971,1978.1963 and 1992 by Ire American Ir'sflceot Ardidects.AU rights reserved.WARNING:This Ale Document Is pxotecisci by US.Copyright Law
and International Treaties.Unauthorized reproduction Of distribution of this Ale Document.Of any portion of it,may result In severe civil and criminal penaittos,and will be prosecuted to the minimum extent
possible under the law.Purchasers are permitted to reproduce len(l0)copes of this downent when completed To report copyngnt viaations at AIA Contract Documents,e-nnui The American Institute at Architects wage)
counse&coorgin@aa ora
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,.............
1 6
CONTINUATION SHEET AlA DOCUMENT G703 (instructions on reverse side) 2
FAGS OF
AlA Document 0702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.:
containing Contractor's signed Certification,is atuthed. APPLICATION DATE:
In tabulations below,amounts are stated to the nearest dollar PERIOD TO:
Use Column 1 on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO.:
A B C D E F C H I
WORK COMPLETED MATERIALS TOTAL
PRESENTLY COMPLETED BALANCE
AND STORED 4 RETAINAGE
ITN SCHEDULED !rym po.(013 1 TO
No. , DESCRIPTION OF WORK ' vktrp : A — . ! STORED (IF YARLABLEi
1 , ' " . APPLICATION ' THIS PERIOD
! , (D E( 0.NOT IN
D OR E) To DATE 1,G.+C.) FECISH
(D-14) (IC-G) RATE)
1 1
'
I 1
I 1
,
I .
! i ,
I
;
1
1
•
I
I
1 I i
I I
1
;
1
1
I , ,
,
- AU DOCUMENT G703•CONTINUTON SHEET rot G72• 99 EDITION•ALk5 *';.7).)2•THE AMERICAN INSTITUTE 0?.k.RCHTTEM,:-35 NET 'ORI■'
AVENUE,NT,VASHINGTON,D.C.20006-5292•WARNING:Unicensed photocopying violates U.S.copyright laws and will subject the violator to legal msecution. G703-1992
%MIN
CAUTION:You should use an original AlA document which has this caution printed in red.An original assures that changes will not be obscured as may occur when documents are reproduced.
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