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Backup Documents 10/11/2016 Item #11E (Rock Island Economic) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 1E THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Michelle Rubio Community &Human /434 � Services (CHS)Division q 2. County Attorney Office County Attorney Office /0/5 3. BCC Office Board of County -r Commissioners AlZ•ViCt, 4. Minutes and Records Clerk of Court's Office M tohsk (115n00n PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/pr aced the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or ssing information. Name of Primary Staff Jody Paley,CHS Phone Number 252-2903 Contact/ Department Agenda Date Item was October 11,2016 Agenda Item Approved by the BCC Number /J Type of Document 2016-17 HOME Subrecipient Agreement for: Number of Original 3 Attached Rock Island Economic Growth Corporation dba Documents Economic Growth Corporation 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. nitial) Applicable) 1. Does the document require the chairman's original signature9 - M e 'a et-1 J' 2. Does the document need to be sent to another agency for ao ditional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; ' e)on an attached sheet 3. Original document has been signed/initialed for legal sufficiency. • - o be JP 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 • JP 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 JP signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JP 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_and all changes made during 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 t --wow BCC,all changes directed by the BCC have been made,and the document is ready or - J�J 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 MEMORANDUM Date: October 17, 2016 To: Jody Paley, Grant Coordinator Community & Human Services From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: 2016-17 HOME Subrecipient Agreement for Rock Island Economic Growth Corp. dba Economic Growth Corp. Attached are two (2) originals of each agreement referenced above, (Item #11E) approved by the Board of County Commissioners on Tuesday, October 11, 2016. An original has been kept by the Minutes and Records Department as part of the Official Records of the Board. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment liE FAIN# M-11-UC-12-0217 M-10-UC-12-0217 M-09-UC-12-0217 M-08-UC-12-0217 M-07-UC-12-0217 M-04-UC-12-0217 M-03-UC-12-0217 Federal Award Date 10/1/2016 Federal Award Agency HUD CFDA Name Home Investment Partnerships(HOME) CFDA/CSFA# 14.239 Total Amount of $185,000 Federal Funds Awarded Subrecipient Name Rock Island Economic Growth Corporation dba Economic Growth Corporation DUNS# 787639681 FEIN 36-3267851 R&D No Indirect Cost Rate No Period of Performance 10/01/2016—9/30/2017 Fiscal Year End 12/31 Monitor End: 12/2017 AGREEMENT BETWEEN COLLIER COUNTY AND Rock Island Economic Growth Corporation dba Economic Growth Corporation Homebuyer Education and Acquistion Assistance Program ocNolmex" THIS AGREEMENT is made and entered into this l%4S day of ,2016,by and between Collier County, a political subdivision of the State of Florida, ("COUNTY" or "Grantee") having its principal address as 3339 E. Tamiami Trail, Naples FL 34112, and "Rock Island Economic Growth Corporation dba Economic Growth Corporation" a private not-for-profit corporation existing under the laws of the State of Florida, having its principal office at 10150 Highland Manor Drive, Suite 200,Tampa,FL 33610. WHEREAS,the COUNTY is the recipient of HOME Investment Partnerships(HOME) Program funds from the United States Department of Housing and Urban Development (HUD) as provided by the Cranston-Gonzalez National Affordable Housing Act, as amended; and WHEREAS,the Board of County Commissioners of Collier County approved the Collier County Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2016-2017 for the HOME Program on June 28,2016-Agenda Item 11E; and WHEREAS, HUD has approved the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2016-2017 for the HOME Program and the use of the HOME funds for the activities identified in the Plan; and Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 1 0 lIE NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,the Parties agree as follows: PART I SCOPE OF WORK The SUBRECIPIENT shall, in a satisfactory and proper manner and consistent with any standards required as a condition of providing HOME funds, as determined by Collier County Community & Human Services(CHS),perform the tasks necessary to conduct the program as follows: CHS, as an administrator of the HOME program, will make available HOME funds up to the gross amount of$185,000 to Rock Island Economic Growth Corporation dba Economic Growth Corporation to fund Homebuyer Education, Project Delivery, Environmental Review and an Acquistion Assistance Program. Homebuyer Education requires each participant receive a minimum of eight (8) classroom education hours and two (2) hours of one on one counseling. Program provides acquisition assistance up to the HOME Maximum Per-Unit Subsidy Amount per Household. Project Delivery is to assist borrower through acquisition process and completion of environmental review. Eligible households must be at or below 80%of the Area Median Income of Collier County. 1.1 SPECIAL GRANT CONDITIONS A. Within thirty (30) calendar days of the execution of this agreement, the SUBRECIPIENT must deliver to CHS for approval a detailed project schedule for the completion of the project. B. The following resolutions and policies must be adopted by the SUBRECIPIENT's governing body within thirty(30)days of conveyance: 1. Affirmative Fair Housing Policy 2. Marketing Plan 3. Affirmative Action/Equal Opportunity Policy 4. Conflict of Interest Policy 5. Equal Opportunity Policy 6. Residential Anti-displacement and Relocation Policy, if applicable 7. Sexual Harassment Policy 8. 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), if applicable 9. Procedures for meeting the requirements set forth in Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C. 794), if applicable 10. Fraud Policy 1.2 PROJECT DETAILS Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 2 E Improvements Federal Funds Match Project Component 1:Homebuyer Acquistion $153,850 Project Component 2: _Homebuyer Education ($350 per $4,000 closing) Project Component 3: Project Delivery $27,150 Project Component 4: Match $46,250 Grand Total $185,000 $46,250 10. Fraud Policy 1.2 PROJECT DETAILS A. Project Description/Project Budget FY2016-2017 Action Plan identified and approved the Project to perform the tasks necessary to conduct the program as follows: Financial Assistance to Homebuyers: Households may be assisted through homebuyer education and acquisition assistance. Project delivery: To assist eligible homebuyers through the acquisition process and to complete the environmental review of each assisted property. The SUBRECIPIENT will accomplish the following project tasks: Project Tasks 1. Maintain documentation on all households served in compliance with 24 CFR 92.508. 2. Provide Quarterly reports on project status and meeting a eligible activity. 3. Required attendence by the CEO, CFO, or Executive Director at each Quarterly Partnership Meeting, as applicable. 4. Provide Environmental Review Assessment for each assisted property 5. Provide homebuyer education and counseling to qualified homebuyers ($350 per closing) 6. Provide acquisition assistance up to the HOME Maximum Per-Unit Subsidy Amount per 24 CFR 92.250 B. Income Requirements Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 3 lIE D. Performance Deliverables The Following Table Details the Project Deliverables Program Deliverable Deliverable Supporting Submission Schedule Documentation Special Grant Condition Policies Policy Documents Within thirty (30) days of (Section 1.1) Agreement Execution HOME Match Requirement Documentation of Match Quarterly,as identified SUBRECIPIENT Activities HQS Inspections Inspection Form Prior to Acquisition Insurance Insurance Certificate,Exhibit A Annually within thirty (30) days of renewal Detailed Project Schedule N/A N/A Project Plans And Specifications NA NA Income Documentation Exhibit D Submitted with each request for reimbursement Submission of Progress Report Exhibit C Quarterly Reports Financial and Compliance Audit Exhibit E Nine(9)months after FY end Continued Use Certification Annual review of properties and Annually no later than proof of homestead September 30 throughout the period of affordability as termed by HOME investment Reimbursement Request Exhibit B Monthly E. Payment Deliverables The Following Table Details the Payment Deliverables Payment Deliverable Payment Supporting Submission Schedule Documentation Project Component One: Contract, Closing Disclosure, Submission of monthly invoices Funding costs will include but Certificate of Occupancy, if not limited to the following aspplicable, Income Certification expenses: Acquisition assistance Form, Appraisal, HQS Inspection, Promissory Note, Program Agreement with Homebuyer, Mortgage, Enviornmental Project Component Two: Sign in sheet for class and one- Homebuyer Education and on-one sessions, Hombuyer Counseling Education Certification ($350 per closing) Project Component Three: Project Delivery and Payroll, timesheets, bank Enviornmental Review statements Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 4 liE 1.3 PERIOD OF PERFORMANCE Services of the SUBRECIPIENT shall start on the 1“ day of October 2016 and end on the September 30, 2017. Project activities shall be completed by 2017. 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 HOME funds or other HOME assets, including program income. However, no program costs can be incurred until an environmental review of the proposed project is completed, and approved by HUD. Further,the Subrecipient will not undertake any activity or commit any funds prior to the HUD environmental clearance of funds and a CHS Notice to Proceed (NTP) letter. Violation of this provision will result in the denial of any reimbursement of funds under this Agreement. 1.4 AGREEMENT AMOUNT The COUNTY agrees to make available ONE HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($185,000.00) 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"). Modifications to the "Budget and Scope" may only be made if approved in advance by the COUNTY. Budgeted fund shifts between cost categories and activities shall not be more than 10% and does not signify a change in scope. Fund shifts that exceed 10% between project components shall only be made with Board approval. SUBRECIPIENT is required to competitively bid and must ensure that every purchase order or contract executed for federally-assisted projects comply with all other Federal requirements and applicable LABOR provisions. SUBRECIPIENT must include in each contract HUD form 4010 when contracting for services or goods related to a Federal award. Match Pursuant 24 CFR 92.218 Match is required for HOME funds. The SUBRECIPIENT is required to provide match funds when identified as an eligible source, such as contributions to housing activities that qualify as affordable housing under the HOME program throughout a fiscal year. Contributions that have been or will be counted as satisfying a matching requirement of another Federal grant or award may not count as satisfying the matching contribution requirement for the HOME program. Pursuant to Florida administrative Code 67-37.007 the State Housing Initiatives Partnership Program funds may be used as required match for HOME eligible activities. The County shall reimburse the SUBRECIPIENT for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by CHS. SUBRECIPIENT may not request disbursement of HOME funds until funds are needed for the payment of eligible costs, and all disbursement requests must be limited to the amount needed at the time of the request. However, 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. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 5 E I, Final invoices are due no later than 90 days after the end of the agreement,with the exception of retainage which may be held beyond the end date of the agreement until all deliverables are met. 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. The County Manager or designee may extend the term of this agreement for a period of up to 180 days after the end of the agreement. Extensions must be authorized in writing by formal letter to the Subrecipient and reported to the Board on a quarterly basis. No payment will be made until approved by CHS for grant compliance and adherence to any and all applicable local, state or Federal requirements. Payment will be made upon receipt of a properly completed invoice and in compliance with §218.70, Florida Statutes, otherwise known as the "Local Government Prompt Payment Act." 1.5 COST PRINCIPLES Payments to the Subrecipient are governed by the Federal grants management rule for cost allowability found at 2 CFR 200 Subpart E - Cost Principles. For the purposes of this section (Section 1.5-Cost Principles) of this agreement, Subrecipient is defined as described in 2 CFR 200.93. Accordingly, payments will be made on a cost reimbursement basis. Each request for reimbursement shall identify the associated project and approved project task(s) listed under this Scope of Work. The Subrecipient can only incur direct costs that may be attributed specifically to the projects referenced above, as defined in 2 CFR 200.413. The Subrecipient must provide adequate documentation for validating costs incurred. Payments to Subrecipient's contractors and vendors are conditioned upon compliance with the procurement requirements provided for in 2 CFR 200.318. Allowable costs incurred by the Grantee, nonprofit recipients, and procured private contractors shall be in compliance with 2 CFR 200 Subpart E - Cost Principles. A Developer is not subject to 2 CFR 200 Subpart E, however the County is Subject to 2 CFR 200 Subpart E and may impose requirements upon the Developer in order for the County to remain compliant with its obligation to follow 2 CFR 200 Subpart E. The Developer will use adequate internal controls, and maintain necessary source documentation for all costs incurred and adhere to any other accounting requirements included in this Agreement. 1.6 NOTICES Notices required by this Agreement shall be in writing and delivered via mail (postage prepaid), commercial courier, 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: Jody Paley, Grant Coordinator Collier County Government Community&Human Services Division 3339 E Tamiami Trail, Suite 211 Naples,Florida 34112 mailto:jodypaley(a,colliergov.net Phone: 239-252-2903 SUBRECIPIENT ATTENTION: Brian Hollenback, Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 6 President Rock Island Ecomonic Growth Corporation dba Economic Growth Corporation 10150 Highland Manor Drive, Suite 200 Tampa, FL 33610 mailto:brian@teamrockisland.com Phone: 309-788-6311 Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 7 21 n PART II GRANT CONTROL REQUIREMENTS 2.1 AUDITS At any time during normal business hours and as often as the COUNTY (and/or its representatives) may deem necessary, the SUBRECIPIENT shall make available all records, documentation and any other data relating to all matters covered by the Agreement for review, inspection or audit and in compliance with 24 CFR 92.504. Any deficiencies noted in audit reports must be fully cleared by the Grantee, SUBRECIPIENT,or Developer within 30 days after receipt by the organization. Failure of the organization to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Subrecipient audits and 2 CFR 200.501. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by 2 CFR Part 200, Subpart F-Audit Requirements. 2.2 RECORDS AND DOCUMENTATION The SUBRECIPIENT shall maintain sufficient records in accordance with 24 CFR 92.508 to determine compliance with the requirements of this Agreement, the HOME Program and all other applicable laws and regulations. This documentation shall include,but not be limited to,the following: A. All records required by HOME regulations. B. SUBRECIPIENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the service. C. All reports, plans, surveys, information, documents, maps, books, records and other data procedures developed, prepared, assembled, or completed by the SUBRECIPIENT for the purpose of this Agreement shall be made available to the COUNTY by the SUBRECIPIENT at any time upon request by the COUNTY or CHS. Materials identified in the previous sentence shall be in accordance with generally accepted accounting principles (GAAP), procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and Program Income. These records shall be maintained to the extent of such detail as will properly reflect all net costs, direct and indirect labor, materials, equipment, supplies and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. D. Upon completion of all work contemplated under this Agreement, copies of all documents and records relating to this Agreement shall be surrendered to CHS, if requested. In any event, the SUBRECIPIENT shall keep all documents and records in an orderly fashion, in a readily accessible, permanent and secured location for five (5)years after the date of submission of the annual performance and evaluation report, as prescribed in 2 CFR 200.333, with the following exception: if any litigation, claim or audit is started before the expiration date of the five (5) year period, the records will be Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 8 1 � E maintained until all litigation, claim or audit findings involving these records are resolved. The COUNTY shall be informed, in writing, if an agency ceases to exist after closeout of this Agreement,of the address where the records are to be kept, as outlined in 2 CFR 200.336. The SUBRECIPIENT shall meet all requirements for retaining public records and transfer, at no cost to COUNTY, all public records in possession of the SUBRECIPIENT upon termination of the 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. E. 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. F. 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 CHS shall be the final arbiter on the SUBRECIPIENT's compliance. G. 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. 2.3 MONITORING During the term, SUBRECIPIENT shall submit an annual audit report and monitoring report (Exhibit E) to the COUNTY no later than nine (9) months after the Single Audit (or one hundred eighty (180) days for Subrecipients exempt from Single Audit), after the Subrecipient's fiscal year end. The COUNTY will conduct an annual financial and programmatic review. The SUBRECIPIENT agrees that CHS will carry out no less than one (1) annual on-site monitoring visit and evaluation activities as determined necessary. At the COUNTY's discretion, they may impose a reasonable monitoring charge. Fees are based on average staff time and costs of materials. Ongoing monitoring fees may be included in the project underwriting. In addition,the COUNTY shall at a minimum, conduct inspections every two years in accordance with 24 CFR 92.504(d)(i) and HQS inspections shall be completed in accordance with 24 CFR 92.209(i). Also, 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 CHS, submit information and status reports required by CHS or HUD to enable CHS to evaluate said progress and to allow for completion of reports required. The SUBRECIPIENT shall allow CHS or HUD to monitor the SUBRECIPIENT on site. Such site visits may be scheduled or unscheduled as determined by CHS or HUD. - Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 9 E The COUNTY will monitor the performance of the SUBRECIPIENT in attempts to mitigate fraud,waste,abuse,or non-performance 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 agreement further defined by 2 CFR 200.331. Substandard performance as determined by the COUNTY will constitute noncompliance with this Agreement. If corrective action is not taken by the SUBRECIPIENT within a reasonable period of time after being notified by the COUNTY, contract suspension or termination procedures will be initiated. SUBRECIPIENT agrees to provide HUD, the HUD Office of Inspector General, the General Accounting Office, the COUNTY, or the COUNTY's internal auditor(s)access to all records related to performance of activities in this agreement. 2.4 PREVENTION OF FRAUD AND ABUSE SUBRECIPIENT shall establish, maintain and utilize internal systems and procedures sufficient to prevent, detect and correct incidents of waste, fraud and abuse in the performance of this Agreement and to provide for the proper and effective management of all program and fiscal activities by the Agreement. SUBRECIPIENT's internal control systems and all transactions and other significant events are to be clearly documented and the documentation shall be readily available for monitoring by COUNTY. SUBRECIPIENT shall give COUNTY complete access to all of its records, employees and agents for the purpose of monitoring or investigating the performance of the Agreement. SUBRECIPIENT shall fully cooperate with COUNTY's efforts to detect, investigate and prevent waste, fraud and abuse. SUBRECIPIENT may not discriminate against any employee or other person who reports a violation of the terms of this Agreement or of any law or regulation to COUNTY or to any appropriate law enforcement authority, if the report is made in good faith. 2.5 CORRECTIVE ACTION Corrective action plans may be required for noncompliance, nonperformance, or unacceptable performance under this 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, Community & Human Services (CHS) has adopted an escalation policy to ensure continued compliance by recipients, SUBRECIPIENTs, or any entity receiving grant funds from CHS. CHS's policy for escalation for non-compliance is as follows: 1. Initial non-compliance may result in Findings or Concerns being issued to the entity and will require a corrective action plan be submitted to the Division within 15 days following issuance of the report. o Any pay requests that have been submitted to the Division for payment will be held until the corrective action plan has been submitted. o CHS will be available to provide Technical Assistance (TA) to the entity as needed in order to correct the non-compliance issue. 2. If in the case an Entity fails to submit the corrective action plan in a timely manner to the Division, the Division may require a portion of the awarded grant amount be returned to the Division. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 10 l IE o The County may require upwards of five percent (5%) of the award amount be returned to the Division,at the discretion of the Board of County Commissioners. 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 Division of their substantial non- compliance by certified mail;the Division may require a portion of the awarded grant amount or the amount of the HOME investment for acquisition of the properties conveyed, be returned to the Division. o The Division may require upwards of ten percent(10%) of the award amount be returned to the Division, at the discretion of the Board of County Commissioners. 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 Division may recommend the contract or award be terminated. o The Division will make a recommendation to the Board of County Commissioners to immediately terminate the agreement or contract. The Entity will be required to repay all funds disbursed by the County for project that was terminated. This includes the amount invested by the County for the initial acquisition of the properties or other activities. o The entity will be considered in violation of Resolution No. 2013-228 If in the case the Entity has multiple agreements with the Division and is found to be non-compliant, the above sanctions may be imposed across all awards at the County's discretion. 2.6 REPORTS Reimbursement may be contingent on the timely receipt of complete and accurate reports required by this Agreement, and on the resolution of monitoring findings identified pursuant to this Agreement as deemed necessary by the County Manager or designee. During the term, SUBRECIPIENT shall submit quarterly progress reports to the COUNTY on the 10th day of January, April, July and October respectively for the prior quarter period end. As part of the report submitted in October, the SUBRECIPIENT also agrees to include, a comprehensive final report covering the agreed-upon Program objectives, activities and expenditures and including, but not limited to, performance data on client feedback with respect to the goals and objectives set forth in Exhibit"C". Exhibit "C" contains 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. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 11 II lIE PART IH TERMS AND CONDITIONS 3.1 SUBCONTRACTS No part of this Agreement may be assigned or subcontracted without the written consent of the COUNTY,which consent, if given at all, shall be at the COUNTY's sole discretion and judgment. 3.2 GENERAL COMPLIANCE The SUBRECIPIENT agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 92—HOME Investment Partnerships Program Grants, including subpart H of these regulations, except that (1) the SUBRECIPIENT does not assume the recipient's environmental responsibilities described in 24 CFR 93.352 and(2)the SUBRECIPIENT does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Parts 50 and 58. 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. HOME FINAL RULE PROVISION: Due to the implementation of the HOME Rules Published on 7-24-13,all new applicable regulations apply and are hereby incorporated by reference. 3.3 INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The SUBRECIPIENT shall at all times remain an independent contractor of the County 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 independent of the County and a employer/employee relationship will not be created. 3.4 AMENDMENTS The COUNTY or SUBRECIPIENT may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the 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. The COUNTY may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and SUBRECIPIENT. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 12 1 E Expiration of Agreement: If the SUBRECIPIENT does not complete the project within the time period, the COUNTY Manager or designee may, subject to HOME program requirements, grant a cumulative time extension of no more than 180 days and modify any subsequent project work plans to reflect the extension. 3.5 AVAILABILITY OF FUNDS The parties acknowledge that the Funds originate from HOME grant funds from HUD and must be implemented in full compliance with all of HUD's rules and regulations and any agreement between COUNTY and HUD governing HOME funds pertaining to this Agreement. In the event of curtailment or non-production of said federal funds, the financial sources necessary to continue to pay the SUBRECIPIENT all or any portions of the funds will not be available. In that event, the COUNTY may terminate this Agreement, which termination shall be effective as of the date that it is determined by the County Manager or designee, in his-her sole discretion and judgment, that the funds are no longer available. In the event of such termination,the SUBRECIPIENT agrees that it will not look to,nor seek to hold the COUNTY, nor any individual member of the County Commissioners and /or County Administration, personally liable for the performance of this Agreement, and the COUNTY shall be released from any further liability to SUBRECIPIENT under the terms of this Agreement. 3.6 INDEMNIFICATION To the maximum extent permitted by Florida law,the SUBRECIPIENT shall indemnify and hold harmless Collier County, its officers, agents and employees from any and all claims, liabilities, damages, losses, costs, and causes of action which may arise out of an act, omission, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the SUBRECIPIENT or any of its agents, officers, servants, employees, contractors, patrons, guests, clients, licensees, invitees, or any persons acting under the direction, control, or supervision of the SUBRECIPIENT in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. The SUBRECIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend all suits in the name of the COUNTY and shall pay all costs (including attorney's fees) and judgments which may issue thereon. This Indemnification shall survive the termination and/or expiration of this Agreement. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28,Florida Statutes. This Section shall survive the expiration of termination of this agreement. 3.7 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 COMMUNITY AND HUMAN SERVICES DIVISION" Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 13 AlE and shall appear in the same size letters or type as the name of the SUBRECIPIENT. This design concept is intended to disseminate key information regarding the development team as well as Equal Housing Opportunity to the general public. Construction signs shall comply with applicable COUNTY codes. 3.8 DEFAULTS,REMEDIES AND TERMINATION In accordance with 2 CFR 200.339, this Agreement may also be terminated for convenience by either the 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 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. The following actions or inactions by SUBRECIPIENT shall constitute a Default under this Agreement: A. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; B. Failure, for any reason, of the SUBRECIPIENT to fulfill in a timely and proper manner its obligations under this Agreement; C. Ineffective or improper use of funds provided under this Agreement; D. Submission by the SUBRECIPIENT to the Grantee reports that are incorrect or incomplete in any material respect; E. Submission by the SUBRECIPIENT of any false certification; F. Failure to materially comply with any terms of this Agreement; and G. Failure to materially comply with the terms of any other agreement between the County and the SUBRECIPIENT relating to the project. In the event of any default by SUBRECIPIENT under this Agreement, the County may seek any combination of one or more of the following remedies: A. Require specific performance of the Agreement, in whole or in part; B. Require the use of or change in professional property management; C. Require immediate repayment by SUBRECIPIENT to the County of all HOME funds SUBRECIPIENT has received under this Agreement; D. Apply sanctions set forth in 24 CFR 92, if determined by the County to be applicable; E. Stop all payments until identified deficiencies are corrected; Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 14 ilk F. Terminate this Agreement by giving written notice to SUBRECIPIENT of such termination and specifying the effective date of such termination. If the Agreement is terminated by the County as provided herein, SUBRECIPIENT shall have no claim of payment or claim of benefit for any incomplete project activities undertaken under this Agreement. 3.9 REVERSION OF ASSETS In the event of a termination of this Agreement or upon expiration of the Agreement and in addition to any and all other remedies available to the COUNTY(whether under this Agreement or at law or in equity), and the SUBRECIPIENT has not provided the required end use beneficiaries, 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 HOME. The COUNTY's receipt of any funds on hand at the time of termination shall not waive the COUNTY's right(nor excuse SUBRECIPIENT's obligation)to recoup all or any portion of the funds, as the COUNTY may deem necessary. The County will enforce affordability for the property through deed restrictions upon completion of the project. 3.10 INSURANCE SUBRECIPIENT shall not commence any work and/or services pursuant to this Agreement until all insurance required under this Section, outlined in Exhibit"A", and 2 CFR 200.310 has been obtained, and carried, at all times during its performance. 1 3.11 ADMINISTRATIVE REQUIREMENTS The SUBRECIPIENT agrees to perform the Scope of Work in compliance with the Grant Budget and the Scope of Work (Part I), the Uniform Administrative Requirements for Cost Principles and Audit Requirements for Federal Awards (2 CFR 200 et seq), and the federal regulations for the HOME funds (24 CFR 92 et seq.). 3.12 PURCHASING SUBRECIPIENTS are required to follow Federal Procurement standards at(2 CFR 200.318 through .326). SUBRECIPIENTS must also follow COUNTY purchasing thresholds in accordance with the table below: Range: Competition Required $0-3,000 1 Written Quote $3,000-10,000 3 Written Quotes $10,000-50,000 3 Written Quotes $50,000+ Bids,Proposals,Contracts(ITB,RFP, etc.) All improvements specified in Part I. Scope of Work shall be performed by Subrecipient employees, or shall be put out to competitive bidding under a procedure acceptable to the COUNTY and Federal requirements. The Subrecipient shall enter into contracts for Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 15 11E improvements with the lowest, responsible and qualified bidder. Contract administration shall be handled by the SUBRECIPIENT and monitored by CHS, which shall have access to all records and documents related to the project. 3.13 PROGRAM-GENERATED INCOME No Program Income is anticipated. In the event there is Program Income derived from the use of HOME funds disbursed under this agreement, such Program Income shall be retained by the SUBRECIPIENT for use in the HOME Investment Partnership Program.Any"Program Income"(as such term is defined under applicable Federal regulations) gained from any activity of the SUBRECIPIENT funded by HOME funds shall be reported to the COUNTY through an annual program income re-use plan, utilized by the SUBRECIPIENT accordingly, and shall be in compliance with 2 CFR 200.307 and 24 CFR 92.503(a) in the operation of the Program. In the event there is a program income balance at the end of the Program Year, such balance shall revert to the COUNTY's HOME Program, for further reallocation. 3.14 GRANT CLOSEOUT PROCEDURES SUBRECIPIENT's obligation to the COUNTY shall not end until all closeout requirements are completed. The SUBRECIPIENT may close out the project with the County after the five or 10 year affordability period has been met. 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 2.2,the SUBRECIPIENT shall comply with Section 119.021 Florida Statutes regarding records maintenance, preservation and retention. A conflict between state and federal law records retention requirements will result in the more stringent law being applied such that the record must be held for the longer duration. Any balance of unobligated funds which have been advanced or paid must be returned to the COUNTY. Any funds paid in excess of the amount to which the SUBRECIPIENT is entitled under the terms and conditions of this Agreement must be refunded to the COUNTY. SUBRECIPIENT shall also produce records and information that complies with Section 215.97, Florida Single Audit Act. The SUBRECIPIENT will record a Mortgage and Promissory Note for each property upon completion of each HOME unit purchase. 3.15 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. 3.16 OPPORTUNITIES FOR SMALL AND MINORITY/WOMEN-OWNED BUSINESS ENTERPRISES Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 16 E 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. 3.17 PROGRAM BENEFICIARIES Funds invested in dwelling units that are assisted with HOME funds must be occupied by households that qualify as low-income (=<80% of AMI) at the time of purchase and occupy the property as a principal residence. 3.18 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 11246 of September 24, 1966. The COUNTY shall provide Affirmative Action guidelines to the SUBRECIPIENT to assist in the formulation of such program. The SUBRECIPIENT shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. The Affirmative Action will need to be updated throughout the affordability period and submitted to County within 30 days of update/modification. 3.19 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 92.356(f) "Conflict of Interest", 2 CFR 200.318, 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 CHS provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate-income residents of the project target area. 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 CHS provided, however, that this paragraph shall be interpreted in such a manner so an not to Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 17 lIE , unreasonably impede the statutory requirement that maximum opportunity be provided for employment of and participation of low and moderate income residents of the project target area. 3.20 RELIGIOUS ORGANIZATIONS HOME funds may be used by religious organizations or on property owned by religious organizations only in accordance with requirements set in Section 24 CFR 92.257. The SUBRECIPIENT shall comply with First Amendment Church/State principles as follows: a. It will not discriminate against any employee or applicant for employment on the basis of religion. and will not limit employment or give preference in employment to persons on the basis of religion. b. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. c. It will retain its independence from Federal, State and local governments and may continue to carry out its mission, including the definition, practice and expression of its religious beliefs, provided that it does not use direct HOME 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, HOME 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 HOME funds in this part. Sanctuaries, chapels, or other rooms that a HOME funded religious congregation uses as its principal place of worship,however, are ineligible for HOME funded improvements. 3.21 INCIDENT REPORTING If services to clients are to be provided under this agreement, the subrecipient and any subcontractors shall report knowledge or reasonable suspicion of abuse,neglect, or exploitation of a child, aged person,or disabled adult to the County. 3.22 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. III Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 18 PART IV GENERAL PROVISIONS 4.1 24 CFR 92 as amended-All the regulations regarding the HOME program http://www.ecfr.gov/cgi-bin/text- idx?SID=c6cee34b7aab 1 a869c49c 1091 cf69e98&node=24:1.1.1.1.41&rgn=div5 4.2 24 CFR 58 - The regulations prescribing the Environmental Review procedure. Link: http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr58 main_02.tpl 4.3 Title II of the Cranston-Gonzalez National Affordable Housing Act(42 U.S.C. 12701 et seq.). Regulations at 24 CFR part 92. 4.4 The Fair Housing Act(42 U.S.C. 3601-20)Reasonable Accommodations Under the Fair Housing Act. http://www.hud.gov/offices/fheo/library/huddojstatement.pdf E.O. 11063 —Equal Opportunity in Housing http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housingequal opp/FHLaws/EX 011063 E.O. 11259 -Leadership&Coordination of Fair Housing in Federal Programs http://www.archives.gov/federal-register/codificationlexecutive-order/12259.html 24 CFR Part 107 -Non Discrimination and Equal Opportunity in Housing under E.O. http://www.law.cornell.edu/cfr/text/24/part-107 4.5 Title VI of the Civil Rights Act of 1964 as amended,Title VIII of the Civil Rights Act of 1968 as amended http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair housing equal opp/progdesc/titl e8 4.6 24 CFR 92.202 - The regulations issued pursuant to Executive Order 11063 which prohibits discrimination and promotes equal opportunity in housing. 4.7 Executive Order 11246 ("Equal Employment Opportunity"), as amended by Executive Orders 11375 and 12086 - which establishes hiring goals for minorities and women on projects assisted with federal funds and as supplemented in Department of Labor regulations. EO 11246: http://www.eeoc.govieeoc/hi story/35th/thelaw/eo-11246.html EO 11375 and 12086: see item#8 below 4.8 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. http://www.eeoc.gov/laws/statutes/titlevii.cfm 4.9 24 CFR 135 — Regulations outlining requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the COUNTY, the SUBRECIPIENT and any of the SUBRECIPIENT's Sub-recipients and Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 19 E 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." 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 HOME-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 HOME-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. http://www.ecfr.gov/cgi-bin/text- idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr 13 5 main_02.tpl 4.10 Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086. Age Discrimination Act of 1975 - http://www.dol.gov/oasam/regs/statutes/age_act.htm 11063:http://portal.hud.gov/hudportal/HUD?src=/program offices/fair housing equal_opp/FHLa ws/EX011063 11246: http://www.eeoc.gov/eeoc/history/35th/thelaw/eo-11246.html 11375: Amended by EO 11478 11478: http://www.archives.gov/federal-register/codification/executive-order/11478.htm1 li 12107: http://www.archives.gov/federal-register/codification/executive-order/12107.html 12086: http://www.archives.gov/federal-register/codification/executive-order/12086.html 4.11 Contract Work Hours and Safety Standards Act,40 USC 327-332. http://usaceengineeringpamplets2.tpub.com/EP-1180-1-1/EP-1180-1-10012.htm Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 20 1E 4.12 Section 504 of the Rehabilitation Act of 1973, 29 USC 776(b)(5), 24 CFR 92.251 Section 504: http://www.epa.gov/civilrights/sec504.htm 29 USC 776: http://law.onecle.com/uscode/29/776.html 4.13 The Americans with Disabilities Act of 1990 http://www.fhwa.dot.gov/realestate/ua/index.htm 4.14 Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. http://www.fhwa.dot.gov/realestate/ua/index.htm 4.15 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 HOME. (See 42 USC 276a and 24 CFR 135.11(c). 29 CFR Part 3-Contractors and Subcontractors on public building or Public Work Financed in whole or in part byLoans or Grants from the United States- http://www.law.cornell.edu/cfr/text/29/part-3 29 CFR Part 5-Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction(Also Labor Standards Provision Applicable ...Subject to the Contract Work Hours and Safety Standards Act) http://www.law.cornell.edu/cfr/text/29/part-5 Executive Order 11914-Prohibits discrimination with respect to the handicapped in federally assisted projects. http://www.presidency.ucsb.edu/ws/index.php?pid=23675 4.16 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. E.O. 11625 Prescribing additional arrangements for developing and coordinating a national program for minority business enterprise http://www.mbda.gov/node/333 HUD Circular Letter 79-45:No reference found 4.17 The SUBRECIPIENT agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 5 Subpart A, as revised by Executive Order 13279. E.O. 13279: http://fedgovcontracts.com/pe02-192.htm 4.18 Public Law 100-430-the Fair Housing Amendments Act of 1988. http://www.ncbi.nlm.nih.gov/pubmed/12289709 4.19 2 CFR 200 et seq-Uniform Administrative Requirements, Cost Principles, and Audit requirements for Grants and Agrrments. 4.20 Immigration Reform and Control Act of 1986 http://www.eeoc.gov/eeoc/history/35th/thelaw/irca.html 4.21 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 Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 21 employee, as set forth in Chapter 112,Part III,Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Florida Statutes- http://www.lawserver.com/law/state/florida/statutes/florida statutes chapter 112 part_iii Collier County- http://bccsp0 1/SiteDirectory/ASD/HR/labor/CMAs/Shared%20Documents/CMA%205311.1%20 Standards%20of%20Conduct.pdf 4.22 Order of Precedence - In the event of any conflict between or among the terms of any of the Contract Documents,the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at Owner's discretion. 4.23 Venue-Any suit of 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, FL which courts have sole jurisdiction on all such matters. (No reference required for this item). 4.24 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. http://www.flsenate.gov/Laws/Statutes/2010/44.102 4.25 The SUBRECIPIENT agrees to comply with the following requirements: a. Clean Air Act,41 USC 7401, et seq. http://www.law.cornell.edu/uscode/text/42/7401 b. Federal Water Pollution Control Act, 33 USC 1251,et seq.,as amended. http://www.law.cornell.edu/uscode/text/33/chapter-26 4.26 In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 USC 4002 and 24 CFR 58),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. http://www.ecfr.gov/cgi-bin/text- Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 22 1 ; idx?c=ecfr&SID=eba40bdb52822d80827a48bced5b0b56&rgn=div8&view=text&node=24:3.1.1. 3.4.11.1.6&idno=24 4.27 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 92.355. http://www.ecfr.gov/cgi- bin/retrieveECFR?gp=&SID=5b2c2e6d7c954ff402dabf199e87bdaf&mc=true&n=pt24.1.92&r=P ART&ty=HTML#se24.1.92_13 5 5 4.28 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. http://www.nps.gov/history/local-law/nhpa1966.htm http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&tp1=/ecfrbrowse/Title36/36cfr800 main_02.tpl 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. http://www.nps.gov/history/local- law/nhpa1966.htm 4.29 The SUBRECIPIENT must certify that it will provide drug-free workplaces in accordance with the Drug-Free Workplace Act of 1988(41 USC 701). http://us-code.vlex.com/vid/drug-free-workplace-requirements-contractors-19242870 4.30 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 5 Subpart A. 4.31 The SUBRECIPIENT agrees to comply with 2 CFR 200 et seq, 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. 4.32 Single Audits shall be conducted annually in accordance with 2 CFR 200.501 and shall be submitted to the County nine (9) months after the end of the SUBRECIPIENT's fiscal year. The SUBRECIPIENT shall comply with the requirements and standards of 2 CFR 200 • Subpart F, Section 500. Subrecipients exempt from Single Audit requirements shall submit financial statements to the COUNTY one hundred eighty (180) days after the end of the Subrecipients fiscal year. Per 2 CFR 200.344, 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. Clarification of Eligible Audit Costs The Amendment to 92.206(d)(3) clarifies that eligible costs of a project audit include the cost Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 23 liE certification of costs performed by a certified public accountant. This has always been an eligible Y g cost;the amendment clarifies and codifies this. http://www.law.cornell.edu/cfr/text/24/92.206 4.33 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 HOME 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 HOME funds in excess of$25,000, must adhere to the HOME Regulations at 24 CFR 92.35.3 http://www.fhwa.dot.gov/realestate/ua/index.htm http://www.law.cornell.edu/cfr/text/49/24.101 4.34 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. http://www.lawserver.com/law/state/florida/statutes/florida statutes 287-133 4.35 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 Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, contracts under grants, loans, and cooperative agreements) and that all SUBRECIPIENTS shall certify and disclose accordingly. 4.36 Travel reimbursement will be based on the U.S. General Services Administration(GSA)per diem rates in effect at the time of travel. 4.37 Any rule or regulation determined to be applicable by HUD. 4.38 Florida Statutes 713.20, Part 1,Construction Liens http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display Statute&URL=0700- 0799/0713/0713.html Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 24 4.39 Florida Statutes 119.021 Records Retention :1. 1 http://www.Iawserver.com/law/state/florida/statutes/floridastatutes 119-021 4.40 Florida Statutes, 119.071,Contracts and Public Records http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&URL=0100- 0199/0119/Sections/0119.07.html Remainder of Page Intentially Left Blank Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 25 E PART V HOME Requirements 5.1 Project Requirements for SUBRECIPIENTs The SUBRECIPIENT is required to conform to the following requirements and regulations as stated below: 24 CFR 92.504(c)(3) (i) Use of the HOME funds. The agreement between the participating jurisdiction and a for- profit or nonprofit housing owner, sponsor, or SUBRECIPIENT must describe the address of the project or the legal description of the property if a street address has not been assigned to the property, the use of the HOME funds and other funds for the project, including the tasks to be performed for the project, a schedule for completing the tasks and the project, and a complete budget. These items must be in sufficient detail to provide a sound basis for the participating jurisdiction to effectively monitor performance under the agreement to achieve project completion and compliance with the HOME requirements. (ii)Affordability. The agreement must require housing assisted with HOME funds to meet the affordability requirements of§92.252 or §92.254, as applicable, and must require repayment of the funds if the housing does not meet the affordability requirements for the specified time period. The affordability requirements in §92.252 must be imposed by deed restrictions, covenants running with the land, use restrictions, or other mechanisms approved by HUD under which the participating jurisdiction has the right to require specific performance. (A) If the owner or SUBRECIPIENT is undertaking rental projects, the agreement must establish the initial rents, the procedures for rent increases pursuant to §92.252(f)(2), the number of HOME units, the size of the HOME units, and the designation of the HOME units as fixed or floating, and include the requirement that the owner or SUBRECIPIENT provide the address (e.g., street address and apartment number) of each HOME unit no later than the time of initial occupancy. (B) If the owner or SUBRECIPIENT is undertaking a homeownership project for sale to homebuyers in accordance with §92.254(a), the agreement must set forth the resale or recapture requirements that must be imposed on the housing, the sales price or the basis upon which the sales price will be determined, and the disposition of the sales proceeds. Recaptured funds must be returned to the participating jurisdiction. (iii) Project requirements. The agreement must require compliance with project requirements in subpart F of this part, as applicable in accordance with the type of project assisted. The agreement may permit the owner to limit eligibility or give a preference to a particular segment of the population in accordance with §92.253(d). (iv) Property standards. The agreement must require the housing to meet the property standards in §92.251, upon project completion. The agreement must also require owners of rental housing assisted with HOME funds to maintain the housing compliance with §92.251 for the duration of the affordability period. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 26 1 1E (v) Other program requirements. The agreement must require the owner, SUBRECIPIENT or sponsor to carry out each project in compliance with the following requirements of subpart H of this part: (A) The agreement must specify the owner or SUBRECIPIENT's affirmative marketing responsibilities as enumerated by the participating jurisdiction in accordance with §92.351. (B)The federal requirements and nondiscrimination established in §92.350. (C)Any displacement,relocation, and acquisition requirements imposed by the participating jurisdiction consistent with §92.353. (D)The labor requirements in §92.354. (E)The conflict of interest provisions prescribed in §92.356(f). (vi) Records and reports. The agreement must specify the particular records that must be maintained and the information or reports that must be submitted in order to assist the participating jurisdiction in meeting its recordkeeping and reporting requirements. The owner of rental housing must annually provide the participating jurisdiction with information on rents and occupancy of HOME-assisted units to demonstrate compliance with §92.252. If the rental housing project has floating HOME units, the owner must provide the participating jurisdiction with information regarding unit substitution and filling vacancies so that the project remains in compliance with HOME rental occupancy requirements. The agreement must specify the reporting requirements (including copies of financial statements) to enable the participating jurisdiction to determine the financial condition (and continued financial viability) of the rental project. (vii) Enforcement of the agreement. The agreement must provide for a means of enforcement of the affordable housing requirements by the participating jurisdiction and the intended beneficiaries. This means of enforcement may include liens on real property, deed restrictions, or covenants running with the land. The affordability requirements in §92.252 must be imposed by deed restrictions, covenants running with the land, use restrictions, or other mechanisms approved by HUD under which the participating jurisdiction has the right to require specific performance. In addition, the agreement must specify remedies for breach of the provisions of the agreement. (viii) Requests for disbursement of funds. The agreement must specify that the SUBRECIPIENT may not request disbursement of funds under the agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the amount needed. (ix) Duration of the agreement. The agreement must specify the duration of the agreement. If the housing assisted under this agreement is rental housing, the agreement must be in effect through the affordability period required by the participating jurisdiction under §92.252. If the housing assisted under this agreement is homeownership housing,the agreement must be in effect at least until completion of the project and ownership by the low-income family. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 27 liE (x) Community housing development organization provisions. If the nonprofit owner or SUBRECIPIENT is a community housing development organization and is using set-aside funds under §92.300, the agreement must include the appropriate provisions under §§92.300, 92.301, and 92.303. If the community development organization is receiving HOME funds as a SUBRECIPIENT of homeownership housing,the agreement must specify if the organization may retain proceeds from the sale of the housing and whether the proceeds are to be used for HOME- eligible or other housing activities to benefit low-income families. Recaptured funds are subject to the requirements of§92.503. If the community housing development organization is receiving assistance for operating expenses, see paragraph(c)(6)of this section. (xi) Fees. The agreement must prohibit project owners from charging fees that are not customarily charged in rental housing such as laundry room access fees, and other fees. However, rental project owners may charge reasonable application fees to prospective tenants may charge parking fees to tenants only if such fees are customary for rental housing projects in the neighborhood; and may charge fees for services such as bus transportation or meals, as long as such services are voluntary. The agreement must also prohibit the SUBRECIPIENT that is undertaking a homeownership project from charging servicing, origination, processing, inspection,or other fees for the costs of providing homeownership assistance. 5.2 Affordability Requirements LONG TERM AFFORDABILITY The HOME-assisted housing must meet the affordability requirements for not less than the applicable period specified in the following table,beginning after project completion. The per unit amount of HOME funds and the affordability period that they trigger are described more fully below under Recapture Provisions. Minimum period of affordability HOME Required Affordability Period in years Rehabilitation or acquisition of existing housing per unit 5 amount of HOME funds: Under$15,000 $15,000 to $40,000 10 Over$40,000 or rehabilitation involving refinancing 15 New construction or acquisition of newly constructed 20 housing 5.3 Maximum Per-Unit Subsidy Requirements The maximum HOME per-unit subsidy may not be increased above 240 percent of the base limits authorized by §221(d)(3)(ii) of the National Housing Act [12 U.S.C. 17151(d)(3)(iii)]. In no case will the County's funding of the Project be less than$1,000 per HOME-assisted unit or more than the maximum per unit subsidy allowed under 24CFR 92.250(a). The maximum subsidy for 3 bedroom units is $215,282. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 28 f The COUNTY will notify the SUBRECIPIENT of the exact date of the expiration of the affordability period. The SUBRECIPIENT will record a covenant running with the land, in form satisfactory to the COUNTY that provides a means for enforcement of the affordability restrictions of 24 CFR 92.252. The covenant will be recorded senior to all other financing liens, including the first-position mortgage referenced above, and be enforceable against all successors in interest to VOASE. Failure of the project to meet all applicable HOME requirements for the entire Affordability Period will result in a requirement that all HOME funds be repaid by the SUBRECIPIENT to the COUNTY. 5.4 Resale Provisions Resale provisions are as follows [24 CFR 92.254(a)(5)(i)]: (i)Resale. Resale requirements must ensure, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability that the housing is made available for subsequent purchase only to a buyer whose family qualifies as a low-income family and will use the property as the family's principal residence. The resale requirement must also ensure that the price at resale provides the original HOME- assisted owner a fair return on investment (including the homeowner's investment and any capital improvement) and ensure that the housing will remain affordable to a reasonable range of low- income homebuyers. The participating jurisdiction must specifically define "fair return on investment" and "affordability to a reasonable range of low-income homebuyers," and specifically address how it will make the housing affordable to a low-income homebuyer in the event that the resale price necessary to provide fair return is not affordable to the subsequent buyer. The period of affordability is based on the total amount of HOME funds invested in the housing. 5.5 Recapture Provisions Recapture provisions are as follows [24 CFR 92.254(a)(5)(ii)]: (ii)Recapture. Recapture provisions must ensure that the participating jurisdiction recoups all or a portion of the HOME assistance to the homebuyers, if the housing does not continue to be the principal residence of the family for the duration of the period of affordability. The participating jurisdiction may structure its recapture provisions based on its program design and market conditions. The period of affordability is based upon the total amount of HOME funds subject to recapture described in paragraph (a)(5)(ii)(A)(5) of this section. Recapture provisions may permit the subsequent homebuyer to assume the HOME assistance (subject to the HOME requirements for the remainder of the period of affordability) if the subsequent homebuyer is low-income, and no additional HOME assistance is provided. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 29 liE • 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 COUNTY DWIGHT E.BROOK, CLERK C c I S SIONERS OF COLLIER II TY,FLO N JP A 4 DONNA FIALA, CHAIRMAN . • Date• IUlf.. �' ((n Date: takttItb y Attest as to Chairman's signature only. N a-C�- Witness SUBRECIPIENT ___ Name and Title By: Date: /(`I4c-c,-.4...." env Name,Title Date: �s/ ' Witness Na tie and Title Date: Approved as to form and legality: Jennifer. -'17),..A3----e:s__1pedio Assistant CountyAttorney �. . .42 �� Date: kAtt \b 0\\ -, ;tem# Ag,nda 0 i Date I II '6 i'l Date I Recd I.Q I' ' ')0 r Deputy i ierk 13x.....6.4uLavi • Rock Island Economic Growth Corporation dba Economic Growth Corporation HMI6-002IDIS#550 9 Homebuyer Education and Acquistion Assistance Program Page 30 PART VI EXHIBITS EXHIBIT"A" INSURANCE REQUIREMENTS The SUBRECIPIENT shall furnish to Collier County, c/o Community & Human Services Division, 3339 E. Tamiami Trail, Suite 211,Naples, Florida 34112, Certificate(s)of Insurance evidencing insurance coverage that meets the requirements as outlined below: 1. Workers' Compensation as required by Chapter 440,Florida Statutes. 2. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and $2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 3. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County shall be named as an additional insured. DESIGN STAGE(IF APPLICABLE) In addition to the insurance required in 1 —3 above, a Certificate of Insurance must be provided as follows: 4. Professional Liability Insurance in the name of the SUBRECIPIENT or the licensed design professional employed by the SUBRECIPIENT in an amount not less than $1,000,000 per occurrence/$1,000,000 aggregate providing for all sums which the SUBRECIPIENT and/or the design professional shall become legally obligated to pay as damages for claims arising out of the services performed by the SUBRECIPIENT or any person employed by the SUBRECIPIENT in connection with this contract. This insurance shall be maintained for a period of two (2) years after the certificate of Occupancy is issued. Collier County shall be named as an additional insured. CONSTRUCTION PHASE(IF APPLICABLE) In addition to the insurance required in 1 —4 above, the SUBRECIPIENT shall provide or cause its Subcontractors to provide original certificates indicating the following types of insurance coverage prior to any construction: 5. Completed Value Builder's Risk Insurance on an "All Risk" basis in an amount not less than one hundred(100%)percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of Collier County and the SUBRECIPIENT. 6. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the SUBRECIPIENT shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 31 liE and maintained as a condition of financial assistance for acquisition or construction purposes(including rehabilitation). OPERATION/MANAGEMENT PHASE(IF APPLICABLE) After the Construction Phase is completed and occupancy begins, the following insurance must be kept in force throughout the duration of the loan and/or contract: 7. Workers' Compensation as required by Chapter 440,Florida Statutes. 8. Commercial General Liability including products and completed operations insurance in the amount of$1,000,000 per occurrence and$2,000,000 aggregate. Collier County must be shown as an additional insured with respect to this coverage. 9. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with this contract in an amount not less than $1,000,000 combined single limit for combined Bodily Injury and Property Damage. Collier County as an additional insured. 10. Property Insurance coverage on an "All Risk" basis in an amount not less than one hundred (100%) of the replacement cost of the property. Collier County must be shown as a Loss payee with respect to this coverage A.T.I.M.A. 11. Flood Insurance coverage for those properties found to be within a flood hazard zone for the full replacement values of the structure(s) or the maximum amount of coverage available through the National Flood Insurance Program (NFIP). The policy must show Collier County as a Loss Payee A.T.I.M.A. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 32 EXHIBIT"B" 11E COLLIER COUNTY COMMUNITY&HUMAN SERVICES REQUEST FOR PAYMENT SECTION I: REQUEST FOR PAYMENT Sub recipient Name: Rock Island Economic Growth Corpration dba Economic Growth Corporation Sub recipient Mailing Address: 10150 Highland Manor Drive, Suite 200,Tampa,FL 33610 Project Name: Homebuyer Education and Acquistion Assistance Program Project No: HM16-002 Payment Request# Dollar Amount Requested: $ Date Period of Availability: GRANT PERIOD HERE Period for which Agency has incurred indebtedness: through SECTION H: 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. 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 Supervisor (approval authority under$14,999) Dept Director (approval required$15,000 and above) Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 33 EXHIBIT "C" REPORTING SCHEDULE The SUBRECIPIENT shall submit quarterly reports to Grantee based on the following schedule. Reports shall be submitted according to this schedule as long as this Agreement is in force: Activity Reporting Period Report Due Date October 1St—December 31St January 10th January 31St—March 31st April 10th April 1St—June 30th July 10th July 1St—September 30th October 10th HOME SUBRECIPIENT AGREEMENT Rock Island Ecomomig Growth Corporation dba Economic Growth Corporation Date Submitted: Activity Reporting Period: Contact Person: Telephone: Email: GENERAL 1. Activity Status or Milestones — describe any significant actions taken or outcomes achieved during this reporting period. 2. Future Actions — what significant actions or outcomes are expected during the next reporting period? 3. Obstacles—describe any potential obstacles, challenges, or issues that may cause delay. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 34 Y ACTIVITY STATUS Complete the following information by entering the appropriate numbers for this reporting period in the tables below. Do not duplicate information from previous reporting periods. Activity This Reporting Period No. Active Projects No. Projects Complete No. Properties Demolished No. Properties Sold TOTAL HOUSEHOLD INFORMATION Complete these tables for those properties sold during this reporting period. Household Data This Reporting Period No. Extremely-Low Income Households(0-30%AMI) No.Very-Low Income Households(31-50%AMI) No. Low-Income Households(51-80%AMI) No. Moderate-Income Households(81-120%AMI) No. Female Head of Households TOTAL RACE AND ETHNICITY BENEFICIARIES Race Total No.Hispanic White Black or African American Asian American Indian or Alaskan Native Native Hawaiian or Other Pacific Islander American Indian/Alaska Native and White Asian and White Black/African American and White American Indian/Alaskan Native and Black/African American Other Multi-Racial TOTAL Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 35 lIEv EXHIBIT "D" INCOME CERTIFICATION INSTRUCTIONS Submit completed form, including appropriate supporting documentation, to Grantee to obtain approval prior to the sale of a property associated with this Agreement to an eligible person or household. Effective Date: A. Household Information Member Names—All Household Members Relationship Age 1 2 3 4 5 6 7 8 B. Assets: All Household Members,Including Minors Member Asset Description Cash Value Income from Assets 1 2 3 4 5 6 7 8 Total Cash Value of Assets B(a) Total Income from Assets B(b) If line B(a)is greater than$5,000,multiply that amount by the rate specified by HUD(applicable rate 2.0%)and enter results in B(c), otherwise leave blank. B(c) Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 36 C. Anticipated Annual Income: Includes Unearned Income and Support Paid on Behalf of Z 1 E P PP Minors Member Wages/ Benefits/ Public Other Salaries Pensions Assistance Income (include tips, commissions, Asset bonuses,and Income overtime) 1 (Enter the 2 greater of 3 box B(b)or box B(c), 4 above, in 5 box C(e) 6 below) 7 8 Totals (a) (b) (c) (d) (e) Enter total of items C(a)through C(e). This amount is the Annual Anticipated Household Income. D. Recipient Statement: The information on this form is to be used to determine maximum income for eligibility. Uwe have provided, for each person set forth in Item A, acceptable verification of current and anticipated annual income. Uwe certify that the statements are true and complete to the best of my/our knowledge and belief and are given under penalty of perjury. WARNING: Florida Statutes 817 provides that willful false statements or misrepresentations concerning income and assets or liabilities relating to financial condition is a misdemeanor of the first degree and is punishable by fines and imprisonment provided under S. 775.082 and 775.083. Signature of Head of Household Date Signature of Spouse or Co-Head of Household Date Adult Household Member(if applicable) Date Adult Household Member(if applicable) Date Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 37 lIE E. HOME Grantee Statement: Based on the representations herein, the family or individual(s) named in Item A of this Income Certification is/are eligible under the provisions of the HOME. The family or individual(s)constitute(s)a: Extremely-Low Income(ELI)Household means and individual or family whose annual income does not exceed 30 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Very Low-Income (VLI) Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Low-Income(LI)Household means and individual or family whose annual income does not exceed 50 percent of the area median income as determined by the U.S. Department of Housing and Urban Development with adjustments for household size. (Maximum Income Limit$ ). Based upon the (year) income limits for the Naples-Marco Island Metropolitan Statistical Area(MSA)of Collier County, Florida. Signature of the HOME Administrator or His/Her Designated Representative: Signature Date Printed Name Title F. Household Data Number of Persons By Race/Ethnicity By Age Native American Asian Black Hawaiian or White Oth 0— 26— 41 — 62+ Indian Other Pac. er 25 40 61 Islander Hispanic Non- Hispanic NOTE: Information concerning the rate or ethnicity of the occupants is being gathered for statistical use only. No occupant is required to give such information he or she desires to do so, and refusal to give such information will not affect any right he or she has an occupant. Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 38 EXHIBIT "E" ANNUAL AUDIT MONITORING REPORT Circular 2 CFR 200.500 requires Collier County to monitor subrecipients of federal awards to determine if subrecipients are compliant with established audit requirements. Accordingly, Collier County requires that all appropriate documentation is provided regarding your organizations compliance. In determining Federal awards expended in a fiscal year, the entity must consider all sources of Federal awards based on when the activity related to the federal award occurs, including any Federal award provided by Collier County. The determination of amounts of Federal awards expended shall be in accordance with guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014. This form may be used to monitor Florida Single Audit Act(Statute 215.97)requirements. Subrecipient Rock Island Economic Growth Corporation dba Economic Growth Corporation Name First Date of Fiscal Year(MM/DD/YY) Last Date of Fiscal Year(MM/DD/YY) Total Federal Financial Assistance Expended during Total State Financial Assistance Expended during most most recently completed Fiscal Year recently completed Fiscal Year $ $ Check A. or B. Check C if applicable A. The Federal/State expenditure threshold for our fiscal year ending as indicated above has been met and a ❑ Circular A-133 or 2 CFR Part 200, Subpart F Single Audit has been completed or will be completed by . Copies of the audit report and management letter are attached or will be provided within 30 days of completion. B. We are not subject to the requirements of OMB Circular A-133 or 2 CFR Part 200, Subpart F because we: ❑ Did not exceed the expenditure threshold for the fiscal year indicated above ❑ ❑ Are a for-profit organization ❑ Are exempt for other reasons—explain An audited financial statement is attached and if applicable,the independent auditor's management letter. C.Findings were noted, a current Status Update of the responses and corrective action plan is included separate from the written response provided within the audit reports. While we understand that the audit U report contains a written response to the finding(s), we are requesting an updated status of the corrective action(s)being taken. Please do not provide just a copy of the written response from your audit report, unless it includes details of the actions,procedures, policies, etc. implemented and when it was or will be implemented. Certification Statement I hereby certify that the above information is true and accurate. Signature Date Print Name and Title 06/15 Rock Island Economic Growth Corporation dba Economic Growth Corporation HM16-002 IDIS#550 Homebuyer Education and Acquistion Assistance Program Page 39