Backup Documents 09/23/2014 Item #16D22 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 2
ACCOMPANY TO DOCUMENTS TO 16 D -THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU
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. Jennifer A. Belpedio, ACA County Attorney Office 1.04e> °I 1a.34 ()
2. BCC Office Board of County 'T;
Commissioners \r-V/5//5/ 9`2chA
3. Minutes and Records Clerk of Court's Office Q ‘i
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 mis ing information.
Name of Primary Staff Rosa Munoz,HHVS Phone Number 252-5713
Contact/ Department
Agenda Date Item was September 23,2014 Agenda Item Number 16D22
Approved by the BCC
Type of Document Amendment#1 to CCHA Subrecipient Number of Original 3
Attached Agreement-Electrical Replacement Documents Attached
PO number or account /
number if document is ' \f C,`
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) pplicable)
1. Does the document require the chairman's original signature? RM
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A V.
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 RM
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 RM
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 RM ✓
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip RM
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! r
8. The document was approved by the BCC on 9/23/14 and all changes made during RM a�
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 the
BCC, all changes directed by the BCC have been made,and the document is ready for the ibt
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
160 ?
MEMORANDUM
Date: September 29, 2014
To: Rosa Munoz, Grants Mgmt. Coordinator
Housing, Human & Veteran Services
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Subrecipient Agreement with Collier Housing
Authority for Electrical Replacement
Grant #B-13-UC-12-0016
Attached please find two original agreements for the item referenced above
(Agenda Item #16D22), approved by the Board of County Commissioners on
Tuesday, September 23, 2014.
The Minutes & Records Department will hold the third original as part of the
Board's Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
16022
Grant#-B-13-UC-12-0016
CFDA/CSFA# - 14.218
Subrecipient—Collier County Housing
Authority, Inc.
Agreement# CD13-06
DUNS #- 040977514
IDIS#- 460
FETI FEID # - 59-1490555
FY End 09/30
Monitoring Deadline 02/20192020
FIRST AMENDMENT TO AGREEMENT BETWEEN COLLIER COUNTY
AND
COLLIER COUNTY HOUSING AUTHORITY, INC.
This Amendment is made and entered into this ot {t day of Se, ' C/l. , 2014,
by and between "Collier County Housing Authority, Inc.", a special independent district of the State
of Florida, created in accordance with Florida Statute Section 421.27 et seq., hereinafter referred to as
SUBRECIPIENT and Collier County, Florida, hereinafter referred to as "COUNTY," collectively
stated as the"Parties."
RECITALS
WHEREAS, on January 14, 2014, the COUNTY entered into an Agreement with Collier
County Housing Authority, Inc. for Community Development Block Grant Program funds to be used
for the CDBG Electrical Replacement Project (hereinafter referred to as the "Agreement"); and
WHEREAS, the Parties desire to amend the Agreement to extend the project completion date,
and include language to clarify federal compliance requirements of meeting a National Objective.
NOW, THEREFORE, in consideration of foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree
to amend the Agreement as follows:
Words are deleted; Words Underlined are added
X
II. TIME OF PERFORMANCE
Services of the SUBRECIPIENT shall start on the 11th day of February, 2014 and end on the
• : . . . • • : • , ! • 31St day of May, 2015. 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.
Collier County Housing Authority,Inc.
Electrical Replacement
Amendment#1
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The project timeline identified in Exhibit "D" of this agreement has been developed jointly
with the SUBRECIPIENT and has been approved by all parties. The SUBRECIPIENT is expected to
adhere to the target dates. A deviation of up to 10% of the number of 60 days for any tasks is
considered normal fluctuation for the project schedule. Any deviation in excess of this by the
SUBRECIPIENT may result in termination of the agreement with no further obligation on the part of
the COUNTY to make payments for completed or in-progress work. The project timeline may be
amended only by written approval by the COUNTY, following a written request with explanation from
the SUBRECIPIENT, and such approval must be made in advance of any related missed target date.
III. AGREEMENT AMOUNT
The COUNTY agrees to make available THREE HUNDRED AND EIGHTY-FIVE
THOUSAND DOLLARS ($385,000) 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").
*
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.
SUBRECIPIENT may not request disbursement of CDBG funds until funds are needed for eligible
costs, and all disbursement requests must be limited to the amount needed at the time of 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 authorization from the Grant
Coordinator will not be reimbursed. The County Manager or designee may extend the term of this
Agreement for a period of up to 180 days. The extension must be authorized prior to the expiration of
the agreement. The extension must be authorized in writing by formal letter to the Subrecipient. No
payment will be made until approved by 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 project deliverables and payment schedule:
PAYMENT DELIVERABLES
Deliverable Payment—Supporting Documents Submission Schedule
Collier County Housing Authority,Inc.
Electrical Replacement
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0
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Project Component One: Funding costs Upon invoicing will reimburse Submission of monthly
will include but not limited to the allowable expenses on AIA G702-1992 invoices: Exhibit B
following expenses: Design, installation, form or equivalent document per
inspection, permits for electrical contractor's schedule of values.
rewiring, removal and replacement in up Supporting documents must be
to 71 units in Section A at Farm Workers provided as back up.
Village in Immokalee, FL
Final 10% ($38,500) released upon
documentation of completion of
activities and will occur with each
invoice
Project Component Two: Funding costs ERR document(s), invoice, canceled Upon completion and
will include but not limited to the check and any additional documents approval submission of
following expenses: as needed utilizing Exhibit B invoice
Environmental Review/Assessment
PROGRAM DELIVERABLES
Deliverable Program—Deliverable Supporting Submission Schedule
Documents
Quarterly Reports Exhibit D Quarterly
Proof of Insurance Insurance Certificate Annually within 30 days
of renewal until 2020
Affirmative Action Plan Plan Documents Within 60 days of
executed agreement and
updates submitted
annually
Annual Audit Audit Report with Management 3/30 annually for 5 years
Letter and Exhibit E until 2020
Fair Housing Plan Plan Documents Within 60 days of
executed agreement and
updates submitted
annually
Program Income Reuse Plan Annually for 5 years until
2020
Inventory Inventory Listing Annually for 5 years
The COUNTY will monitor the performance of the SUBRECIPIENT based on goals and performance
standards as stated with all other applicable federal, state and local laws, regulations, and policies
governing the funds provided under this contract. Substandard performance as determined by the
COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the
SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract
suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the
HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's
internal auditor(s) access to all records related to performance of activities in this agreement
CORRECTIVE ACTION
Collier County Housing Authority,Inc.
Electrical Replacement
Amendment#1
CDBG(CD 13-06) Page 3 of 21
CA(
16022
Corrective action plans may be required for noncompliance, nonperformance, or unacceptable
performance under this contract. Penalties may be imposed for failures to implement or to make
acceptable progress on such corrective action plans.
In order to effectively enforce Resolution No. 2013-228, Housing Human and Veteran Services
(HHVS) has adopted an escalation policy to ensure continued compliance by Subrecipients,
Developers, or any entity receiving grant funds from HHVS. HHVS's policy for escalation for non-
compliance is as follows:
1. Initial non-compliance may result in Findings or Concerns being issued to the entity and
will require a corrective action plan be submitted to the Department within 15 days
following the monitoring visit.
o Any pay requests that have been submitted to the Department for payment will be held
until the corrective action plan has been submitted.
o HHVS will be available to provide Technical Assistance (TA) to the entity as needed in
order to correct the non-compliance issue.
2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the
Department, the Department may require a portion of the awarded grant amount be returned
to the Department.
o The County may require upwards of five percent (5%) of the acquisition amount be
returned to the Department, at the discretion of the Board of County Commissioners.
o The entity may be considered in violation of Resolution No. 2013-228
3. If in the case an Entity continues to fail to correct the outstanding issue or repeats an issue
that was previously corrected, and has been informed by the Department of their substantial
non-compliance by certified mail; the Department may require a portion of the awarded
grant amount or the amount of the CDBG investment for acquisition of the properties
conveyed, be returned to the Department.
o The Department may require upwards of ten percent (10%) of the acquisition amount be
returned to the Department, at the discretion of the Board of County Commissioners.
o The entity will be considered in violation of Resolution No. 2013-228
4. If in the case after repeated notification the Entity continues to be substantially non-
compliant, the Department may recommend the contract or award be terminated.
o The Department will make a recommendation to the Board of County Commissioners to
immediately terminate the agreement or contract. The Entity will be required to repay
Collier County Housing Authority,Inc.
Electrical Replacement
Amendment#1
CDBG(CD 13-06) Page 4 of 21
all funds disbursed by the County for project that was terminated. ihiuZ a
amount invested by the County for the initial acquisition of the properties.
o The entity will be considered in violation of Resolution No. 2013-228
If in the case the Entity has multiple agreements with the Department and is found to be non-
compliant, the above sanctions may be imposed across all awards at the discretion of the Board of
County Commissioners.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Collier County Housing Authority,Inc.
Electrical Replacement
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IN WITNESS WHEREOF, the Subrecipient and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date first written above.
ATTEST: BOARD OF ,*UNTY : 'aMMISSIONERS OF
DWIG T E. BROC , CLERK COLLIER C NTY /ORIDA •
y 9i B
y:
Attest as to Cbairmalfputy Clerk TOM HENNING, CHAIRMAN
signature oniv. _ry
Dated: ''l '
(SEAL)
Collier County Housing Authority, Inc.
d
r
By:/ _
Signature
Esmeralda Serrata, Executive Director
Type/print Subrecipient name and title
Approved as to form and legality:
Jennilet A. Belpe• i
Assistant County Attorney
Item# 160 9 9--
A g e n d a q J j 1t
Date
Collier County Housing Authority, Inc.
Electrical Replacement Date 1 I I
Amendment#1 Rec'd `i
CDBG(CD 13-06) Page 6 of 21
•
Deputy Clerk
•
EXHIBIT "B" 16 D 2 2
COLLIER COUNTY HOUSING, HUMAN AND VETERAN SERVICES
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PAYMENT
Sub recipient Name: Collier County Housing Authority, Inc.
Sub recipient Address: 1800 Farm Worker Way, Immokalee, FL 34142
Project Name: Electrical Replacement
Project Agreement No: CD-13-06 Payment Request#
Dollar Amount Requested: $ Date
Period of Availability: 02/11/20H 09/30/2011 through
Period for which Agency has incurred indebtedness: through
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Of Past Claims Paid on this Account $
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. 10%of Retainage Amount Withheld
7. Current Grant Balance (Initial Grant Amount Awarded
Less Sum of all requests) $
I certify that this request for payment has been drawn 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 Grant Accountant
Collier County Housing Authority,Inc.
Electrical Replacement
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CDBG(CD 13-06) Page 7 of 21
rc\�
6 _ 22
Supervisor (approval authority under$1'1,999 required
$15,000 and above)
Dept Director (approval required $15,000 and above)
Collier County Housing Authority,Inc.
Electrical Replacement
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EXHIBIT "D"
QUARTERLY PROGRESS REPORT
Sub-recipients:Please fill in the following shaded areas of the report
Contract
Agency Name: Collier County Housing Authority, Inc. Date: February 2014
Project Title: Electrical Replacement
Alternate
Program Contact: Essie Serrata Contact:
Telephone Number: (239)657-3649
*REPORT FOR QUARTER ENDING:(check one that applies to the
corresponding grant period): ❑04/30/14 007/31/14 010/31/14 ❑ ❑
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 agreement date of February,2014
Please list the outcome goal(s)from your approved application&sub-recipient agreement and indicate your progress in meeting those
1. goals since October 1,2013.
A.Outcome Goals: list the outcome goal(s)from your approved application&sub-recipient agreement.
Outcomes:
Action Number of Anticipated End Date Responsible
Days to Party
Complete
CCHA CONTRACT
Contract Drafted Completed December 20, 2013 Kim Grant
HHVS
CCHA Contract February 11, 2014 HHVS
approved by Collier
County BCC
Environmental
Review
ERR scope underway December 20, 2013 CCHA
Collier County Housing Authority,Inc.
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U
ERR Scope completed 13 Days January 3, 2014 CCHA
1622
and sent to County for
Review
ERR Scope Review- 7 Days January 9, 2014 HHVS
County
ERR cost proposals 1 day January 10, 2014 CCHA
solicited
ERR proposals returned 21 days January 31, 2014 CCHA
and reviewed by CCHA;
selection made
ERR Contract and scope 7 days February 7, 2014 HHVS
reviewed by County
CCHA Contract February 11, 2014 HHVS
approved by Collier
County BCC; NTP issued
for ERR
ERR Contract Signed by February 11,2014 CCHA
CCHA
ERR Work Starts February 12, 2014 CCHA
ERR Work Completed 21 Days March 5, 2014 CCHA
by CCHA contractor,
given to HHVS
ERR 7 days March 12, 2014 HHVS
Reviewed/Approved by
County; NTP issued for
Construction Contract
DESIGN and
CONSTRUCTION
SCOPE
Invoice for ERR 30 days of April 12, 2014 CCHA
approved
ERR
Scope of Work drafted January 27, 2014 CCHA
for consultant for
design work
Scope reviewed for 2 days January 29, 2014 HHVS
design
3 proposals obtained 9 days February 11, 2014 CCHA
for design
Proposals reviewed and 3 days February 14, 2014 CCHA
consultant chosen for
design
NTP issued by HHVS for 2 days February 18, 2014 HHVS
design
Collier County Housing Authority,Inc.
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Consultant Contract 3 days February 21, 2014 HHVS 16 ® 2 2
signed for design
Consultant starts work February 24, 2014 CCHA
for design
Consultant completes 28 days March 24, 2014
design
Design Scope 7 days March 31, 2014 HHVS and GMD
completed and
reviewed by county
Invoice submitted for 30 days April 30, 2014 HHVS and GMD
Design phase of project
CONSTRUCTION
BIDS
Bid Package prepared March 31, 2014 CCHA
Bid package approved 2 Days April 2, 2014 HHVS
Bids Notice Published April 7, 2011 October HHVS CCHA
1. 2014
Bids Returned and 7 Days April 11, 2011 October CCHA
reviewed, selection 31, 2014
made
Review/approve 2 days April 16,2011 HHVS
selection November 5, 2014
Contract 2 days April 18, 2011 CCHA
signed/awarded November 30, 2014
Notice to Proceed 0 days April 18, 2014 CCHA
December 1, 2014
Construction 90 days July 18, 2011April 1, CCHA's
Completion 2015 contractor
B.Goal Progress: Indicate the progress to date in meeting each outcome goal.
Outcome 1:
Is this project still in compliance with the original project schedule?If more than 2 months behind schedule,must submit a new timeline
2. for approval. _
❑ ❑
Yes No
Collier County Housing Authority,Inc.
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7, b ® 22
If no, explain:
3. Since October 1,2013,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 -
$ $
Other Federal Funds - ESG -
$ $
State/Local Funds - HOME -
Total
$ Entitlement $
Total Other Funds - Funds -
Collier County Housing Authority,Inc.
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EXHIBIT "D" 16 0 2 2
UARTERLY PROGRESS REPORT
5. What is the total number of UNDUPLICATED clients served this quarter,if applicable?
a. Total No.of adult females served: 0 Total No.of females served under 18: 0
b. Total No.of adult males served: 0 Total No.of males served under 18: 0
TOTAL: 0 TOTAL: 0
c. Total No.of families served: 0 Total No.of female head of household: 0
6. f What is the total number of UNDUPLICATED clients served since October,if applicable?
a. Total number of adult females served: 0 Total number of females served under 18: 0
b. Total number of adult males served: 0 Total number of males served under 18: 0
TOTAL: 0 TOTAL: 0
C. Total No.of families served: 0 Total No.of female head of household: 0
Complete EITHER question#7 OR#8.Complete question#7 if your program only serves clients in one or more of the listed HUD Presumed
Benefit categories. Complete question#8 if any client in your program does not fall into a Presumed Benefit category.
DO NOT COMPLETE BOTH QUESTION 7 AND 8.
7. (PRESUMED BENEFICIARY DATA r 8. (OTHER BENEFICIARY DATA INCOME RANGE l
Indicate the total number of UNDUPLICATED Indicate the total number of UNDUPLICATED persons
persons served since October 1 who fall into served since October 1 who fall into each income
each presumed benefit category (the total category(the total should equal the total in question#6):
should equal the total in question#6):
Report as: Report as:
�" Abused Children 0 >Extremely low Income(0-30%)
,! Homeless Person 0 Low Income(31-50%)
:t Battered Spouses 0 Moderate Income(51-80%)
Persons w/HIV/AIDS 0 Above Moderate Income(>80%)
r' Elderly Persons
Veterans
4 Chronically/Mentally ill
7. Physically Disabled Adults
:,) ,,;,Other-Youth
TOTAL: 0 TOTAL: 0
r 9. 'Racial&Ethnic Data: I(if applicable) I
Please indicate how many UNDUPLICATED clients served since October fall into each race category. In addition
to each race category, please indicate how many persons in each race category consider themselves Hispanic
(Total Race column should equal the total cell).
RACE ETHNICITY
White ;of whom,how many are Hispanic?
Black/African American -0 0 of whom,how many are Hispanic?
Asian 0 0 of whom,how many are Hispanic?
American Indian/Alaska Native 0 0 of whom,how many are Hispanic?
Native Hawaiian/Other Pacific Islander, 0 0 ;of whom,how many are Hispanic?
z,
American Indian/Alaskan Native&White 0` 0 of whom,how many are Hispanic?
Black/African American&White 0 0 of whom,how many are Hispanic?
Am.Indian/Alaska Native&Black/African Am. 0 0 ';of whom,how many are Hispanic?
Other Multi-racial 0 0 of whom,how many are Hispanic?
Other 0 0 ;;of whom,how many are Hispanic?
TOTAL: 0 0 TOTAL HISPANIC
Name: Signature:
Your typed name here represents your electronic
Title: signature
Collier County Housing Authority,Inc.
Electrical Replacement
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CDBG(CD 13-06) Page 13 of 21
O
L
EXHIBIT "E" 16 0 2 2
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 Fiscal Year
Name Collier County Housing Authority, Inc. Period
Total State Financial Assistance Expended during $
most recently completed Fiscal Year
Total Federal Financial Assistance Expended during most
recently completed Fiscal Year
Check Appropriate Boxes
We have exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending
El as indicated above and have completed our Circular A-133 audit. A copy of the audit report
and management letter is attached.
We exceeded the $500,000 federal/state expenditure threshold for our fiscal year ending as
❑ indicated above and expect to complete our Circular A-133 audit by . Within
30 days of completion of the A-133 audit, we will provide a copy of the audit report and
management letter.
We are not subject to the requirements of OMB Circular A-133 because we:
❑ Did not exceed the $500,000 federal/state expenditure threshold for the fiscal year
indicated above
❑ Are a for-profit organization
❑ Are exempt for other reasons—explain
An audited financial statement is attached and if applicable, the independent auditor's
management letter.
(If findings were noted, please enclose a copy of the responses and corrective action plan.)
Certification Statement
I hereby certify that the above information is true and accurate.
Signature Date
Print Name and Title
Collier County Housing Authority,Inc.
Electrical Replacement
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CDBG(CD 13-06) Page 14 of 21
EXHIBIT "F" 1, 6 0 2 2
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 VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968
as amended, Title VI of the 1984 Civil Rights Act, 42 USC § 2000d, et. seq
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, 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.
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
Collier County Housing Authority,Inc.
Electrical Replacement
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1613 22
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 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.
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16. Executive Order 11625 and U.S. Department of Housing and Urban Deve op men C
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.
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 SUBRECIPIENT's;
o Section 84.23, Cost Sharing and Matching;
o Section 84.24, Program Income — in lieu of 84.24 CDBG SUBRECIPIENT's 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 SUBRECIPIENT's 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
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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 subrecipients 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.
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. Venue - Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
25. Dispute Resolution - Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. Any situations when negotiations, litigation and/or
mediation shall be attended by representatives of SUBRECIPIENT with full decision-making
authority and by COUNTY'S staff person who would make the presentation of any settlement
reached during negotiations to COUNTY for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-
upon Circuit Court Mediator certified by the State of Florida. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring mediation
under § 44.102, Florida Statutes. The litigation arising out of this Agreement shall be Collier
County, Florida, if in state court and the US District Court, 20th Judicial Court of Florida, if in
federal court. BY ENTERING INTO THIS AGREEMENT, COLLIER COUNTY AND THE
SUBRECIPIENT EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A
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TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF,
THIS AGREEMENT.
26. The SUBRECIPIENT agrees to comply with the following requirements:
a. Clean Air Act, 41 USC 7401, et seq.
b. Federal Water Pollution Control Act, 33 USC 1251, et seq., as amended.
27. 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.
28. 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.
29. The SUBRECIPIENT agrees to comply with the Historic Preservation requirements set forth in
the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures
set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for
Protection of Historic Properties, insofar as they apply to the performance of this agreement.
In general, this requires concurrence from the State Historic Preservation Officer for all
rehabilitation and demolition of historic properties that are fifty years old or older or that are
included on a federal, state or local historic property list.
30. The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with
the Drug-Free Workplace Act of 1988 (41 USC 701).
31. 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.
32. 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
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• A-110 for Administrative Requirements 16 D 2 2
Non-Profit Organizations follow:
• A-122 for Cost Principles
• A-110 for Administrative Requirements
33. 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.
34. 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. Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4201-4655) • 49 CFR Part 24 • 24 CFR Part
42 (subpart B) • Section 104(d) "Barney Frank Amendment.
35. 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.
36.No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of
any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned
shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions.
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
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grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and
disclose accordingly.
37. Travel reimbursement will be based on the U.S. General Services Administration(GSA) per
diem rates in effect at the time of travel.
38. Any rule or regulation determined to be applicable by HUD.
39. Florida Statutes 713.20, Part 1, Construction Liens.
40. Florida Statutes 119.021 Records Retention.
41. Florida Statutes, 119.071, Contracts and Public Records.
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